Acts of 1852 and 1858 will appear from the following minute of the Copyhold Commissioners, and the accompanying notes. It will be remembered, that it is the duty of the person requiring enfranchisement to see that the undermentioned requisites are fully observed.

Minute of the Copyhold Commissioners (April 1865).

"1. Any lord or tenant (a) can compel enfranchisement of any copyhold lands (b), or the extinguishment of any claim to heriots in respect of any lands; but where no admittance has taken place, or heriot become due or payable since 30th June, 1853, a tenant cannot avail himself of this power until after payment or tender

(a) "Any lord or tenant." The compulsory clauses do not extend to manors of the Crown, or the Duchies of Lancaster and Cornwall, but provision is made for enfranchisements in manors held by a subject jointly or in coparcenary with the Crown. Act of 1858, ss. 42, 50. Nor do these clauses extend to the case of a tenant without right of renewal. Act of 1852, s. 48. Tenants of undivided shares in land, having at least two-thirds in value, and surrenderees by way of mortgage without admission, can compel the lord to enfranchise, s. 43. Act of 1858, s. 38. It has been doubted whether "an executor merely admitted for want of sale, where only the ordinary power of sale is given," would have the power of compulsion. See Rouse. Enfr. Manual. 42.

(b) When a proposed enfranchisement would be injurious to the lord's mansion, park, gardens or pleasure grounds, the lord may avoid it by purchasing the land in the manner mentioned in the Act of 1852, s. 25. By the Act of 1858, s. 23, power is given to charge with the purchase-money, (and expenses, s. 26) the land so purchased and the manor and lands settled therewith to the same uses, in the way provided for charging enfranchisement monies, ss. 21, 29.

The application.

of such a fine as would be payable on alienation, and, if the lands be heriotable, the value of such a heriotand in the case of freehold and customary freehold lands of the value of such a heriot as would become due or payable in the event of admittance or death, subsequent to the 1st July, 1853, and in the case both of copyhold and of freehold or customary freehold lands of two-thirds of such a sum as the steward would have been entitled to for fees in respect of such admittance or heriot (a).

"2. Lord or tenant requiring enfranchisement must give notice, the one to the other, of his desire that such lands should be enfranchised, and send a copy of the notice to the Commissioners with an endorsement thereon stating when and upon whom it has been served.

(a) The Copyhold Acts provide for compensation being made to the steward, where he holds for life or during good behaviour or where the usage leads in the opinion of the Commissioners to a just expectation that he will so hold. Act of 1841, s. 56. His compensation on a compulsory enfranchisement will include such a sum of money as the Commissioners may direct, or a sum equal to one set of fees for surrender and admittance for each tenement : see Evans v. Upsher, 16 M. & W. 675. Act of 1852, s. 19. Act of 1858, s. 10. If more than one set of fees is claimed the Commissioners may tax the amount of fees to a reasonable sum. Act of 1852, s. 19. The steward has no longer to prepare the deed of enfranchisement. Act of 1858, s. 2. But the amount of compensation remains the same, s. 10. The compensation is payable to the steward, or his executors or administrators, Act of 1841, s. 77. Or may be charged on the land with the consent of the Commissioners as if it were the consideration for enfranchisement. Aet of 1858, s. 21.

ment.

"The lord and tenant may then agree upon the Agreeconsideration to be paid for the enfranchisement, subject to the approbation of the Commissioners. In such case, however, a memorandum in writing signed by the lord and tenant (which may be written at the foot of form No.1) (a) must be sent to the Commissioners Minerals, &c., to be as a basis on which to frame their award of enfran- included chisement; and such agreement must expressly include or reserve the rights mentioned in section 48. of "The Copyhold Act, 1852 ” (b).

(a) This form indicates the particulars of the information to be furnished to the Commissioners by the steward in every case of compulsory enfranchisement. It will be found in the Appendix.

(b) This refers to the rights of any lord or tenant in or to "any mines, minerals, limestone, lime, clay, stone, gravel, pits, or quarries, within or under the lands enfranchised or any other lands, rights of entry, way, search, or other easements of any lord or tenant in, upon, through, over, or under any lands, and any powers which in respect of property in the soil might, but for such enfranchisement, have been exercised for the purpose of enabling the said lord or tenant, or their or his agents, workmen or assigns, more effectually to search for, win, and work any mines, minerals, pits, or quarries, or to remove and carry away any minerals, limestone, lime, stones, clay, gravel, or other substances had or gotten therefrom, or the rights, franchises, royalties, or privileges of any lord in respect of any fairs, markets, rights of chase or warren, piscaries, rights of hunting, shooting, fishing, fowling, or otherwise taking game, fish or fowl," which are not to be included in any compulsory enfranchisement without the express consent in writing of such lord or tenant.

Where an agreement (before 1858) was made for the sale of a copyhold with the timber and all appurtenances belonging to the tenement, as soon as the same should become freehold, the vendor agreeing to use his best endeavours to procure enfranchisement, and the enfranchisement was duly made by a deed under the Act of 1852, reserving the minerals to the lord, it was held that the contract had reference to the provisions of the Act above-cited,

or re

served.

Appointment of valuers.

"4. Where the lord and tenant desire the assistance of the Commissioners (a),and agree upon all the circumstances that must form the basis of a calculation of the amount of enfranchisement consideration, (which circumstances are set forth in a series of queries, a printed copy of which will be furnished on application), then the Commissioners will be prepared to state their opinion as to the amount to be paid for enfranchisement. This form must be filled up and forwarded to the Commissioners, signed by the lord and tenant, as well as by the steward of the manor.

"5. If the enfranchisement terms be not agreed upon, the consideration to be paid must be awarded by a valuer, valuers, or umpire, duly appointed in manner following (b), that is to say,

Where the manorial rights consist only of heriots, rents, and licences at fixed rates to demise

or fell timber, or any of these, or where the land

and that the purchaser must complete, notwithstanding the reservation of minerals. Kerr v. Pawson, 25 Beav. 394. Pretty v. Solly, 26 Beav. 606.

(a) In Rouse's Enfranchisement Manual, Div. 3, will be found rules and tables for ascertaining the true mathematical value of the lord's rights, with greater precision than by the tables used by the Commissioners. See also Cuddon. On Enfranchisement. ▲ table issued by the Commissioners, for the enfranchisement of ordinary copyholds of inheritance with fines arbitrary, will be found in the Appendix.

(b) Act of 1858, s. 8. The appointment cannot be revoked except by mutual consent, but the Commissioners may remove for misconduct, or refusal or omission to act, and on the occurrence of a vacancy a fresh valuer is to be appointed within 28 days by the proper parties, or in case of neglect by the Commissioners. Act of 1852, ss. 3, 4.

to be enfranchised is not rated to the poor-rates at a greater amount than the net annual value of £20, the valuation is to be made by a valuer to be nominated by the Justices at the petty sessions holden for the division or place in which the manor or the chief part thereof is situate. The valuer so appointed will award the consideration to be paid for the enfranchisement. But if the parties agree, without seeking the intervention of the Justices, to recommend a person to the Commissioners to be the valuer, then such person will be nominated by the Commissioners. Moreover, either party may, upon paying the charges of his own valuer, and of the umpire, have the valuation made as is set forth in the next paragraph. The party intending to apply to the Justices to appoint a valuer, must give due notice of his intention so to do to the other party, and forward to the Commissioners a copy of such notice, and also of the appointment by the Justices, when such appointment has been made.

In all other cases the lord and tenant may agree to appoint the same valuer; otherwise the person who has given the notice of desire to enfranchise should appoint a valuer, in writing, and give notice thereof to the other party, requiring him by such notice to appoint his valuer. A copy of the valuer's appointment, and of the notice, should be sent to the Commissioners-the time and mode of service of the notice being endorsed.