Enfran

chisement

under other

statutes.

Other Statutory Enfranchisements.

By the Acts for the redemption of the land-tax, limited owners and others are empowered to enfranchise copyholds for the purpose of discharging their estates from the tax, and for the same purpose to dispose of any heriots, rents, or other payments due to them out of freehold or copyhold manors or lands (a). And it is thereby made lawful for corporations and trustees of charities to sell their interest in any copyhold or customary lands or in any manorial rights for the same purpose, and for the purpose of such sale to enfranchise any lands held by copy of court-roll or other customary tenure by a deed indented, and enrolled or registered as provided by the Act 42 Geo. 3, c. 116, s. 70. There are many special provisions in these Acts respecting enfranchisements for providing funds for purchase of land-tax, which are too lengthy to be set out here in detail (b).

On a conveyance under the Poor Law Acts (c), or under the Church Building Acts (d), the lands may be enfranchised under the special provisions of those Acts.

The provisions of the Lands Clauses Act as to

(a) 42 Geo. 3, c. 116; 53 Geo. 3, c. 123; 53 Geo. 3, c. 142; 54 Geo. 3, c. 70; 54 Geo. 3, c. 173; 57 Geo. 3, c. 100; 3 Geo. 4, c. 88; 1 & 2 Vict. c. 57; 16 & 17 Vict. c. 74.

(b) See 53 Geo. 3, c. 123.

(c) 1 Vict. c. 50.

(d) 58 Geo. 3, c. 45, and the other Acts recited by 17 & 18 Vict. c. 14. See 19 & 20 Vict. c. 55, conferring on the Eclesiastical Commissioners the powers of the Church Building Commissioners.

enfranchisement of lands taken for public purposes have been already noticed (a).

By the School Sites Act (b) powers were given to owners in fee-simple, fee-tail, or for life of any freehold or copyhold hereditaments, being beneficially entitled to the same, to grant, convey, or enfranchise by way of gift, sale, or exchange, in fee or for life or years, any quantity of such lands not exceeding one acre, as a site for a school. These provisions are now extended to allow grants of land in fee, for the enlargement of churchyards and burial places (c).

(a) 8 Vict. c. 18, ss. 7, 95, 96, 97. Ante, p. 99.

(b) 4 & 5 Vict. c. 38, and 12 & 13 Vict. c. 49; see 14 & 15 Vict. c. 24; 15 & 16 Vict. c. 49.

(c) 30 & 31 Vict. c. 133.

APPENDIX.

I. STAMP DUTIES IN MATTERS RELATING TO COPYHOLDS.

II. FORMS IN CASES OF ENFRANCHISEMENT.

III. FORMS IN CASES OF INCLOSURE, EXCHANGE, PARTITION, AND DIVISION OF INTERMIXED LANDS.

IV. THE COPYHOLD ACT, 1852.

V. THE COPYHOLD ACT, 1858.

I.

Abstract of the principal provisions of the Stamp Act, 1870, relating to copyholds.

THE following are the principal provisions of the Stamp Act, 1870, which are applicable to conveyances of copyholds (a). By ss. 3, 4, any instrument charged with a 358. stamp by any Act heretofore passed and

(a) The Act applies only to instruments made after its date. For the earlier regulations, see Dart. V. & P. c. 13 and the treatises of Tilsley, Muir, and Fisher, on the Stamp Acts.

not relating to Stamp duties is to be chargeable only with a duty of 10s. By s. 3 the instruments specified in the schedule are to be charged with the duties there mentioned and no other duty.

Every instrument written upon stamped material is to be written in such manner, and every instrument partly or wholly written before being stamped is to be so stamped, that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument written on the same piece of material. If more than one instrument is written thereon, each is to be separately stamped (a).

Except where provision to the contrary is expressly made, an instrument is to be separately charged with duty when it contains or relates to several distinct matters, or when it is made for distinct valuable considerations (b). All the facts and circumstances affecting the duty are to be set forth in the instrument (c). When the duty on one instrument depends on the duty paid on another instrument, the last-mentioned duty may be denoted by a stamp on the firstnamed instrument (d).

Sections 15, 16, 17, relate to the terms on which unstamped instruments may be stamped and received in evidence. Sections 18, and 20, relate to applications to the Commissioners for their opinions in matters

(a) s. 7. (b) s. 8.

i

(c) s. 14.

(d) 8. 14.