The expression "valuer" includes an umpire. This definition is taken from sect. 52 of the Copyhold Act, 1852. 95. Nothing in this Act General (a) shall affect the custom of gavelkind in the county of savings. Kent: or A similar provision was contained in sect. 80 of the Copyhold Act, 1841, and in sect. 34 of the Copyhold Act, 1852. Sect. 21 of this Act also contains a provision to the same effect. (b) shall authorise a lord to enclose any common or waste land: or A similar provision was contained in sect. 82 of the Copyhold Act, 1841. (c) shall revive any right to fines or other manorial claims which are at any time barred by any statute of limitations: or This provision was contained in sect. 83 of the Copyhold Act, 1841. (d) shall interfere with any enfranchisement which may be made independently of this Act: or Sect. 83 of the Copyhold Act, 1841, and sect. 55 of the Copyhold Act, 1852, contained a similar provision. (e) shall interfere with the exercise of any powers contained in any other Act of Parliament or This provision was contained in sect. 55 of the Copyhold Act, 1852. (ƒ) shall, except as in this Act expressly provided, apply to manors or land vested in her Majesty in right of the Crown or of the Duchy of Lancaster: or This sub-section re-enacts the provisions of sect. 98 of the Copyhold Act, 1841. -except as in this Act expressly provided.-See sects. 68, 69, 70, and 71 hereof. (g) shall extend to or prejudice the estate, right, title, privilege, or authority of her Majesty in right of the Duchy of Cornwall, or the possessions thereof, or of the Duke of Cornwall for the time being: or This sub-section replaces sect. 99 of the Copyhold Act, 1841. or to the Ecclesiastical Commissioners where the tenant has not a right of renewal. This sub-section re-enacts the provisions of sect. 4 of the Copyhold Act, 1858. See the Treatise, pp. 368 and 376. 96. The provisions of this Act with respect to a compulsory enfranchisement shall not apply- (a) to any copy hold land held for a life or lives or for years where the tenant has not a right of renewal: nor A similar provision was contained in sect. 48 of the Copyhold Act, 1852. See the Treatise, pp. 368, 380. (b) to manors in which her Majesty has any estate or interest in possession, reversion, or remainder. A provision to this effect was contained in sect. 46 of the Copyhold Act, 1858. 97. Nothing in this Act shall affect any right acquired in pursuance of registration under the Land Registry Act, 1862, or the Land Transfer Act, 1875, except to such extent as may be recorded by registration in pursuance of those Acts. This section is new, no similar provision having been contained in any of the Copyhold Acts, 1841 to 1887. By sect. 3 of the Land Registry Act, 1862, it was provided, that "the registry shall be confined to estates of freehold tenure, and leasehold estates in freehold lands"; and by sect. 2 of the Land Transfer Act, 1875, it is enacted that "land shall not be registered under this Act unless it is of freehold tenure, or is leasehold held under a lease which is either immediately or mediately derived out of land of freehold tenure." As to the exclusion of copyholds from the provisions of the Land Transfer Act, 1897, see sects. 1 (4) and 24 thereof. 98.-(1.) The provisions of this Act relating to— (b) the holding of customary courts although a copy- (c) The making of grants or admittances out of the manor and out of court; (d) the making of admittances without a presentment by the homage; (e) the entry of surrenders and wills on the court rolls; and (f) the partition of lands of copyhold or customary tenure, shall extend to manors and lands vested in her Majesty in right of the Crown or of the Duchy of Lancaster. This sub-section re-enacts the provisions of sect. 97 of the Copyhold Act, 1841. As to the grant of easements for mining purposes, see sect. 24 of the Act: as to the holding of customary courts without a copy hold tenant, see sect. 82: as to the making of grants or admittances out of the manor, and out of court, see sect. 83: as to the making of admittances without presentment, see sect. 84: as to the entry of surrenders, &c., see sect. 85: and as to partition, see sect. 87. (2.) The said provision relating to the grant of easements shall extend to an enfranchisement of land held of a manor vested in her Majesty effected under the provisions of any existing Act of Parliament. This sub-section appears to be intended to re-enact a somewhat similar provision contained in sect. 97 of the Copyhold Act, 1841. 99. This Act shall not extend to Scotland or Ireland. 100. The enactments described in the Third Schedule to this Act are hereby repealed to the extent appearing in the third column of the said schedule. Provided that all awards, deeds, orders, certificates, scales, instruments, charges, and rentcharges made, executed, granted, created, or having effect under any enactment repealed by this Act shall have effect as if this Act had not passed. Extent of Act. 101. This Act may be cited as the Copyhold Act, 1894. Short title. SCHEDULES. FIRST SCHEDULE. FORMS. 1. DECLARATION TO BE MADE BY VALUERS AND UMPIRES. I, A.B., declare that I will faithfully, to the best of my ability, value, hear, and determine the matters referred to me under the Copyhold Act, 1894. A.B. This form follows the form provided in sect. 28 of the Copyhold Act, 1852. Sect. 5. Sect. 41. 2. CERTIFICATE OF CHARGE. The Board of Agriculture hereby certify that the land mentioned in the schedule to this certificate is charged with the payment to A.B., his executors, administrators, or assigns, [or to the lord of the manor of for the time being] of the following series of periodical payments; that is to say, the sum of pounds payable on the day of the further sum of pounds payable on the day of &c. [or with the principal sum of pounds with interest thereon after the rate of per cent. per annum, the principal to be repayable in manner following, that is to say [state the terms]]; and the Board further certify that after payment of the series of periodical payments above mentioned [or after payment of the principal money hereby charged and all arrears of interest due thereon] this certificate shall be void. In witness whereof the Board of Agriculture have hereunto set their official seal this 189 . day of Sect. 41. Sect. 42. The Schedule. E.F. G.H. This form is taken from the form provided in sect. 36 of the Copyhold Act, 1858; but in the form provided by the Act of 1858 the Board certified whether the charge was made in respect of consideration money or of expenses. I, A.B., of charge to C.D. of 3. TRANSFER OF CERTIFICATE OF CHARGE. This form was provided by sect. 37 of the Copyhold Act, 1858. 4. NOTICE OF RIGHT TO ENFRANCHISE. Take notice that if you desire that the copyhold land which you hold of this manor of shall become freehold you are entitled to enfranchise the same on paying the lord's compensation and the steward's fees. The lord's compensation may be fixed either by agreement between the lord and you, or by a valuer appointed by the lord and you or through the agency of the Board of Agriculture, to whom you may make application, if you think fit, to effect the enfranchisement. This form was provided by sect. 1 of the Copyhold Act, 1887. 5. POWER OF ATTORNEY. Manor of in the county of hereby appoint C.D., of Sect. 48. to be my I, A.B., of lawful attorney to act for me in all respects as if I myself were present and acting in the execution of the Copyhold Act, 1894. Dated this day of 189 (Signed) A.B. This form is taken from the form provided by sect. 39 of the Copyhold Act, 1858. SECOND SCHEDULE. SCALE OF STEWARD'S COMPENSATION. When the consideration for the enfranchisement— Does not exceed 17. Sect. 9. 50%. 100%.... 400123467 150000。。。 £ s. d. 0 0 10 0 0 0 0 0 0 0 0 10 0 For every additional 507., or fractional part of 501., over and above the first 100%..... The compensation to be exclusive of stamps and paper or parchment or map or plan which are to be paid for by the tenant. This scale was provided in a Schedule to the Copyhold Act, 1887. |