CHAPTER XI. ENFRANCHISEMENT. – Extinguishment of copyhold tenure-How effected — Prevented in certain cases-Tenure suspended and revived-Enfranchisement-At the common lawHow effected By limited owners-Enfranchisements under the Copyhold Acts-Commutations— General commutations-Scheduled commutations. Separate commutation-For what considerationRights and remedies of parties-Effect of commutation Voluntary enfranchisement Who may enfranchise-What tenements-Who may not be Tenants enfranchised without right of renewal-Ecclesiastical Estates Act, 1851-Its provisions-Manors in which the Crown is interested-How affected by the Copyhold Acts— Voluntary enfranchisement how carried outScheduled enfranchisements-Nature of consideration-Compensation to steward-Nature of enfranchisement rent-charge-Rights and remedies of lord-Payment of consideration-How made-In Ecclesiastical manors Extinguishment case of limited owner-Of corporations or others holding on charitable trust-Of other corporations. Of incumbents of benefices-In cases of ecclesiastical manors-Of Universities and Colleges-Of manors where the Crown is interested-Consideration charged on land-Charge of expenses-Certificates of charge-Nature of charge-Effect of a voluntary enfranchisement Effect of reservation of minerals-Inspection of court-rolls-Disputes as to boundaries-Compulsory enfranchisement— Course of proceedings-Minute of Copyhold Commissioners-Usual terms of enfranchisement Quit-rents-Heriots-Reliefs-Fines-TimberManorial rights-Other statutory enfranchisements under Acts for redemption of land-tax-Poor Law Acts-Church Building Acts-Lands Clauses Act-School Sites Acts-Consecration of churchyards Act, 1867. WHEN a copyhold ceases to be held according to the custom of the manor the tenure is said to be extinguished. This may happen either by the union in one person of a freehold and a copyhold interest in the same land and in the same right, or by enfranchisement of the copyhold tenure. An extinguishment results when the lord acquires the copyhold tenement by any means, as by the tenant's surrender, bargain and sale, release, or abandonment of the customary tenancy at will, or by descent, forfeiture, or escheat; or when a copyholder acquires from the owner of the freehold any common-law interest in the land, as for a term of years or for an interest in remainder, whether by purchase or descent; "for the estate of the copyholder, being only at will, becomes merged by the occasion of any greater estate" (a). Thus if the lord of a manor demises the freehold of a copyhold tenement for a term of years, and the lessee assigns the term to the copyholder, the customary interest will be extinguished; "for both these interests cannot exist in the same person at once, and consequently one of them must be determined, which of necessity must be the customary estate; for the estate derived from the common law cannot merge in that, and when common law and custom come together, and one or other must necessarily stand, the common law shall be preferred" (b). And so, if a copyholder takes a lease of the manor, or acquires any other interest therein, his estate will come to an end (c). sion. But when the freehold and copyhold interests are Suspenheld by the same person in two different rights, the customary tenure is suspended and not extinguished; as where a copyholder marries the lady of the manor, in which case his tenure is suspended while the estate in right of his wife continues (d). In order to prevent an extinguishment upon a pur (a) Cru. Dig. 10, 6, 10. 2 Watk. Copyh. 547. (b) Lane's case, 2 Co. 16. (c) Hide's case, Moo. 185. French's case, 4 Co. 1 (d) Co. Cop. s. 62. Plowd. Quer. 95. Tenure revived. Enfran chisement chase by the lord of the copyhold, or by the tenant of the lordship, it is necessary to surrender to the use of a trustee. If the extinguishment takes place, the copyhold will at once become part of the manor, discharged of the customary tenure, and subject of course to all incumbrances and limitations affecting the residue of the manor (a). Thus it was held, that a copyhold surrendered to the use of the lord and his heirs would enure to the benefit of a mortgagee under a previous mortgage of the manor, and that the equity of redemption passed under the limitations of an existing settlement of the estate as comprised in the mortgage (b) It will be remembered that the copyhold tenure may be revived after extinguishment, provided that no common law interest greater than a tenancy at will has been created during the merger by an owner seised in fee: but that if such an interest has been created, the land thereby ceases for ever to be demiseable by copy of court-roll; and that the creation of such an interest by the owner of a limited estate will suspend the power of reviving the copyhold during the continuance of such limited estate (c). The copyhold tenure is also extinguished by en franchisement, either at common law or under the Copyhold Acts. The former is effected by the con (a) St. Paul v. Dudley, 15 Ves. 167. (b) Doe v. Potts, Doug. 710. (c) Ante, p. 55. mon law. veyance of the freehold to the copyholder, or by a release of all customs and services, either by the lord of the manor, or by the owner of the freehold of that particular tenement (a). And the same effect will At comfollow from a release of part of the services, or from any transaction equivalent to a release. Thus it was held, that tenant-right copyholds were enfranchised when the lord "ratified and confirmed to the tenant and his heirs all the customary and tenant-right estate, and granted that he should be discharged of the payment of all rents, customs, services, &c., except one penny yearly rent, and except suit of court and all royalties, escheats and forfeitures" (b). This was considered to be tantamount to a release of the copyhold services. It must be remembered, that the enfranchisement severs the copyhold from the manor, so that the tenement is thencefore held of the next superior lord in free socage; and that the enfranchising lord cannot validly reserve to himself the ancient rents and services, fealty or suit of court, or create any new tenure of the freehold by reserving any new service to himself (c). No one can enfranchise a copyhold at common law, who has not an estate in fee in the manor, or at least a power to convey the fee-simple of the land to the copyholder (d). A power of sale and (a) Phillips v. Ball, 6 C.B. N.S. 811. U 1 |