county or district (as the case may be) as may be from time to time appointed by the quarter sessions, and such poll shall continue for one day only for eight hours, and no poll shall be kept open later than four o'clock in the afternoon.

(4.) The sheriff or sheriff's deputy may, if required by or on behalf of any candidate on or before the day fixed for the election, or if he deem it expedient, cause booths to be erected for taking the poll at the several polling places, and shall cause to be affixed on the most conspicuous part of the booth the names of the parishes to which such booth is allotted.

(5.) Where a booth is allotted to any parish a person shall not be admitted to vote in respect of any property situate in that parish except at that booth.

(6.) Where there is no booth allotted to any parish, a person entitled to vote in respect of property situate therein shall vote at the place at which the court for the election is held.

(7.) The sheriff or such person as he deputes shall appoint such number of clerks as to him may seem meet and convenient for taking the poll, and those clerks shall take the poll in the presence of the sheriff or such person as he deputes, and before they begin to take the poll each clerk shall by the sheriff or such person as he deputes as aforesaid be sworn truly and indifferently to take the poll, and to set down the names of each elector, the place of his residence, and the person for whom he polls, and to poll no elector who is not sworn, if required to be sworn by either of the candidates, which oath the said sheriff or such person as he deputes may administer.

(8.) The sheriff shall appoint for each candidate such one person as is nominated to him by each candidate to be an inspector of every clerk who is appointed for taking the poll.

in

(9.) Every elector before he is admitted to poll at an election, shall, if required by or on behalf of any candidate, first take the oath following, which the sheriff or any such sworn clerk as aforesaid may administer, that is to say:-I swear [or solemnly declare, as the case may be] that I am a freeholder of the county of and have a freehold estate consisting of lying at the parish of within the said county, and that such freehold estate has not been granted to me fraudulently or colourably on purpose to qualify me to give my vote at this election, and that the place of my abode is at [and if it be a place consisting of more streets or places than one, specifying what street or place,] that I am twentyone years of age, as I believe, and that I have not voted before at this election.

(10.) The poll clerks shall at the close of the poll, enclose and seal their several books, and deliver them so enclosed and sealed to the sheriff or sheriff's deputy presiding at the poll, who shall give a receipt for the same.

(11.) Where the deputy receives them, he shall forthwith deliver or transmit them so enclosed and sealed to the sheriff.

(12.) The sheriff shall receive and keep all the poll books unopened until the re-assembling of the court on the day next but one after the close of the poll, unless that day be Sunday, and then on the Monday following, and on that day he shall openly break the seals thereon, and count the votes appearing in the said books, and openly declare the said poll, and make proclamation of the person chosen not later than two o'clock in the afternoon of the said day.

(13.) In these rules the expression "sheriff" includes "under-sheriff."

SECOND SCHEDULE (SECTIONS 18, 37].
FORMS.

[Form of Declaration of Office of Coroner.]

I solemnly, sincerely, and truly declare and affirm that I will well and truly serve our Sovereign Lady the Queen and her liege people in the office of coroner for this county Lor borough or as the case may be] of and that I will dili

gently and truly do everything appertaining to my office after the best of my power for the doing of right, and for the good of the inhabitants within the said county [or borough or as the case may be].

Form of Oath of Jury.

Middlesex | AN INQUISITION taken for our Sovereign
Lady the Queen at
in the parish of
in the

county or as the case may be] of
on the
day of
[and by adjournment on the

of

18

day

or as the case may require] before A.B., one of the coroners of our Lady the Queen for the said [county, or, as the case may be upon the oath [or and affirmation] of [in the case of murder or manslaughter here insert the names of the jurors L.M., N.O., &c. being] good and lawful men of the said [county or, as the case may be] duly sworn to inquire for our Lady the Queen, on view of the body of C.D. [or of a person to the jurors unknown] as to his death; and those of the said jurors whose names are hereunto subscribed upon their oaths do say :Here set out the circumstances of the death, as, for example:

(a.) That the said C.D. was found dead on the day of in the year aforesaid at in the county of [or set out other place of death]

and

Or, do further say that the said E. F. by misfortune and against his will did kill the said C.D. Or, do further say that E.F. in the defence of himself [and property] did kill the said C. D. In case of there being an accessory before the fact add:

And do further say that K.L., before the said murder was committed, did feloniously incite [or procure, aid, counsel, and command, or as the case may be] the said E.F. to commit the said murder. At end add:

In witness whereof as well the said coroner as the jurors have hereunto subscribed their hands and seals the day and year first above written. Another example is:

That the said C.D., did on the

day of fall into a pond of water situate at by means whereof he died. Here set out the conclusion of the jury as to the death, as for example:

'

He shall appear personally at the court of the said coroner to be held on the day of next, at in the said county [or, as the case may be], for holding an inquest on the view of the body of C.D., there to give evidence of anything he knows touching the death of C.D., and shall not depart the said court without leave. In case of recognizance to prosecute and give evidence at assizes, add:

He shall appear personally at the next sessions of oyer and terminer or goal delivery to be holden at in and for the county of

there to prosecute and give evidence to the jury that try E.F. [now in custody for the wilful murder of C.D.], upon the inquisition taken before me, the above-named coroner, on view of the body of C.D., and shall not depart the court without leave.

In case of recognizance to appear for trial: He shall appear at the next sessions of oyer and terminer or gaol delivery to be holden in and for the county of and there surrender himself into the custody of the keeper of a gaol in which prisoners committed for trial at those sessions are detained, and plead to the inquisition taken before me, the above-named coroner, on view of the body of C.D., whereby a verdict of manslaughter has been found against him, and shall take his trial upon that inquisition, and shall not depart the court without leave.

In every case add at the end:

Then if the above conditions are fulfilled, this recognizance shall be void, but otherwise shall remain in full force.

THIRD SCHEDULE.

[This schedule contains a long list of old statutes repealed.]

CAP. LXXII.

An Act to amend the Law relating to Expenses of Local Authorities. [16th September 1887. Be it enacted, &c. :

1. Short titles.] This Act may be cited as the Local Authorities (Expenses) Act, 1887.

2. Definitions.] In this Act

The expression "local authority" has the same meaning as in the Local Loans Act, 1875 [38 & 39 Vict. c. 83]

The expression "district auditor" has the same meaning as in the District Auditors Act, 1879 [42 & 43 Vict c. 6.]

3. Limitation on power of district auditor.] Expenses paid by any local authority whose accounts are subject to audit by a district auditor shall not be disallowed by that auditor if they have been sanctioned by the Local Government

Board.

CAP. LXXIII.

An Act to amend the Copyhold Acts, and for the Enfranchisement of Copyhold and Customary Lands. [16th September 1887.

vision for the enfranchisement of lands of copyWhereas it is expedient to make further proto certain customary and other incidents and hold and customary tenure, and of lands subject rights:

Be it therefore enacted, &c:

1. Notice to be given by the steward to the tenant.] On the admittance or enrolment of any tenant after the thirty-first day of December one thousand eight hundred and eighty-seven, the steward of the manor shall be bound, without any further charge, to give to the tenant so admitted or enrolled a notice in the form or to the effect following:

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 upon 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 any valuer appointcd by yourselves, or through the agency of the Land Commissioners, to whom you may make application, if you think fit, to effect the enfranchisement of your land.

If the steward neglects to serve such notice he

' Journal

,

shall not be entitled to any fee for that admission or enrolment.

2. All may be admitted by attorney.] Every person entitled to admission may hereafter be admitted by himself or by his attorney duly appointed, whether orally or in writing.

3. Power to agree on compensation or appoint valuer.] Any lord and tenant may at any time agree in writing on the amount of compensation for enfranchisement, or may appoint in writing a valuer or valuers to ascertain such compensation, and the sum so agreed upon or ascertained shall be deemed to be the compensation for enfranchisement lawfully ascertained.

4. Lord to retain his right in case of escheat.] On any enfranchisement after the passing of this Act the lord of the manor shall continue to be entitled in case of escheat for want of heirs to the same right and interest in the land as he would have had if it had not been enfranchised.

5. And corresponding abatements to be made from the lord's compensation.] In making valuations for compensation payable to the lord upon an enfranchisement effected after the passing of the Act the valuers shall not take into consideration the value of escheats.

6. Restraint on the creation of new copyholds.] After the passing of this Act it shall not be lawful for the lord of any manor to make grants of land not previously of copyhold tenure to any person to hold by copy of court roll, or by any tenure of a customary nature, without the previous consent of the Land Commissioners, who in giving or withholding their consent shall have regard to the same considerations as are to be taken into account by them on giving or withholding their consent to any inclosure of common lands; and whenever any such grant has been lawfully made the land therein comprised shall cease to be of copy hold tenure, and shall be vested in the grantee thereof to hold for the interest granted as in free and common socage. 7. Lord or tenant may compel extinguishment of all manorial incidents.] Subject to the provisions of the forty-eighth section of the Copyhold Act, 1852, and to the provisions herein-before expressed, any lord or tenant or owner of any land liable to any heriot or to any quitrent, free rent, or other manorial incident whatsoever, may require and compel the extinguishment of such rights or incidents, and the release and enfranchisement of the land subject thereto, and the same proceedings shall thereupon be had as are in the Copy hold Acts mentioned with reference to the enfranchisement of copy hold land, or as near thereto as the nature of the case will admit.

8. Commissioners to have power to continue conditions of user.] Notwithstanding anything herein contained, it shall be lawful for the Commissioners, if they see fit, in any enfranchisement effected by award, to continue and give effect to any conditions affecting the user of the land subject to which a tenant may have been admittted, and imposed or created for the benefit of the public or of the other tenants of the manor, where, in the opinion of the Commissioners, any especial hardship or injustice would result if the lands were released from such conditions.

thirty pounds, but in that case he shall be liable to pay the additional expense caused by such mode of valuation :

(c.) Where the valuers fail to make a decision, and also fail to refer the matter to the umpire, the umpire shall, if so directed by the Commissioners, act as if he had been duly appointed by the lord and tenant to act as their valuer, and the umpire so acting shall make and deliver his decision to the Commissioners within forty-two days from his being directed by the Commissioners to act as valuer for both parties; and where he has not been so directed, or where having been so directed he fails to deliver his decision within the time aforesaid, the Commissioners shall fix the consideration to be paid:

(d.) The valuers or either of them, if they fail to agree upon the compensation to be paid for the enfranchisement, may refer the whole matter or any point in dispute to the umpire.

11. As to duties of valuers.] The valuers appointed under the provisions of the Copyhold Acts shall determine the value of the manorial and other rights and incidents, such value to be a gross sum of money, and their decision shall be in such form as the Commissioners may prescribe, and they shall in every case deliver the details of the valuation to the Commissioners, and if it shall appear to the Commissioners that the valuation is imperfect or erroneous, they may remit it for reconsideration or correction; and if the valuers neglect or refuse to amend the same, the Commissioners may, after due notice to the lord and to the tenant, and after fully considering all the circumstances brought before them, determine the value of the manorial and other rights and incidents at such a sum as they may deem just and reasonable.

12. In case of death, &c., of valuer another to be appointed.] Upon the death, incapacity, or refusal to act, or removal from time to time, of any valuer appointed under the provisions of the Copyhold Acts, another valuer shall, by a time to be fixed by the Commissioners, be appointed in his stead in the manner and by the means by which the valuer whose place he is to fill was appointed; and if no valuer be appointed within the time fixed by the Commissioners, then the appointment shall be made by the Commissioners, and the new valuer for the time being may adopt and act upon any valuation and other matters or proceedings which shall have been completed or agreed upon by the valuer previously acting.

13. Payment may be made in gross sum] The tenant may in any case before the completion of any enfranchisement pay the compensation in a gross sum of money, but in case of an enfranchisement by award, he shall, within ten days after the receipt of the draft of the proposed award, give notice in writing to the Commissioners of his desire

so to pay.

14. When compensation to be secured by rentcharge.] Subject to the foregoing provision, and unless the parties otherwise agree, such compensation shall, in the following cases, viz.:

(a.) Where the enfranchisement is affected at the instance of the lord;

(b.) Where the land can, in the opinion of the Commissioners, be sufficiently identified, and the compensation to the lord amounts to more than one year's improved annual value of the land enfranchised, consist of an annual rentcharge commencing in every case from the date of the notice to enfranchise, and issuing out of the land en franchised, equivalent to interest at the rate of four pounds per centum per annum upon the amount of compensation ascertained as aforesaid.

15. Rentcharges to be payable on the 1st January and

and on any enfrauchisement taking place after the said first day of January a proportionate payment shall in like manner be made on such one of the said half-yearly days of payment as shall next follow the date of the award or memorandum or deed of enfranchisement.

16. Recovery and incidence of rentcharge.] Every such rentcharge shall be recoverable by such remedies as are given by section forty-four of the Conveyancing and Law of Property Act, 1881 [44 & 45 Vict. c. 41]. Any occupying tenant who is called upon to pay and does pay any money on account of such rentcharge, which as between him and his landlord he shall not be liable to pay, shall be entitled to recover the same from his landlord or to deduct it from the next rent payable by him.

17. Rentcharge redeemable by tenant.] Any such rentcharge may be redeemed upon any half-yearly day of payment upon six months previous notice in writing at the option of any person for the time being in actual possession or receipt of the rents and profits of the land subject to the rentcharge, entitled to receive the rentcharge for twenty-five by payment to the person for the time being times the yearly amount of the rentcharge created as aforesaid.

18. Provision when, after notice for redemption, money is not paid.] After the expiration of a notice for redemption, if the redemption money and all arrears of the rentcharge are not duly paid, the person entitled to the said rentcharge shall have and may exercise over the property charged therewith all the powers and remedies given to a mortgagee in and by the Conveyancing and Law of Property Act, 1881, for the recovery of the redemption money and all arrears, if any, of the said rentcharge.

19. Rentcharges to rank as if under Copyhold Acts.] Rentcharges created under this Act on enfranchised lands shall, with reference to other charges on and interests in such lands, rank in the same manner as if such rentcharges were created under the Copyhold Acts passed prior to this Act.

20. Expenses of redemption] The expenses incurred in redeeming such rentcharges shall be dealt with on the same footing as the expenses incurred in redeeming a mortgage.

21. Transfer of fee-farm rent or charge from manor to freeholds lands or Government stocks of adequate value.] Where in the course of an enfranchisement under the Copy hold Acts it is found that a manor, or the lord's estate and interest in any land belonging thereto, which may be the subject of enfranchisement is subject to the payment of a fee-farm rent or to any other charge, the Commissioners may, upon the application of the person for the time being bound to make such payment or defray such charge, by order under their seal, direct that the fee-farm rent or charge respectively shall be a charge upon any freehold lands specified in the order, being of adequate value and held under the same title as the said manor or land, or upon an adequate amount of Government stocks or funds to be transferred into Court by the direction of the Commissioners in manner prescribed by the High Court Funds Rules, or into the names of trustees appointed by the Commissioners; and upon the sealing of such order the said manor and land shall be freed and for ever discharged from such payment or charge; and such payment or charge shall be and continue a charge upon the land or funds specified in the order of the Commissioners, and, so far as the nature of the case will admit, there shall be and are hereby attached thereto the like remedies for the recovery thereof as against the land or funds subject thereto, as might have been had as against the manor or land belonging thereto in respect of the original charge.

modifications

(a) The lord and tenant in any case may appoint one and the same person as valuer : (6.) Either party may in any case have the valuation made as in cases where the land to be enfranchised is rated to the poor's rate at a greater amount than the net annual value of

where the draft award has been perused by the steward, it shall not be necessary to serve a copy thereof upon the steward, as required by the last proviso to the tenth section of the Copyhold Act,

1858. But a copy of the award, sealed or stamped with the seal of the Commissioners, shall be sent by the Commissioners to the lord, who shall cause the same to be entered on the court rolls of the

manor.

23. Power to charge land enfranchised with compensation money, &c.] It shall be lawful for the owner of any land enfranchised under the Copyhold Acts, although his estate may be only a limited estate, to charge the land enfranchised with the compensation money paid for such enfranchisement, and also with the expenses attending such enfranchisement, or with any part thereof respectively, with interest thereon not exceeding five pounds per centum per annum, or by way of terminable annuity calculated on the same basis. Any and every such charge may be by deed by way of mortgage with, under, and subject to the provisions of the Conveyancing and Law of Property Act, 1881 [44 & 45 Vict. c. 41], and shall be a first charge on the land, and shall have such priority as by the thirty-third section of the Copyhold Act, 1858 [21 & 22 Vict. c. 94], is assigned to the charges there expressed to be first charges; and any moneys already invested or previously secured or charged on such land may be continued on the security of the same, notwithstanding the imposition of the said charges under the Copyhold Acts. Any company now authorised to make advances for works of agricultural improvement to owners of settled and other estates, may, subject and according to the provisions of their respective Acts of Parliament, charters, deeds, or instruments of settlement, make advances to owners of settled and other estates of such sums as may be required for the payment of any consideration or compensation for commutation or enfranchisement under the existing or any future Copyhold Acts, or of any expenses chargeable upon a manor or land under the same Acts or otherwise, and to take for their repayment a charge for the same in accordance with the provisions of their respective Acts of Parliament.

24. Lord's expenses may be charged on lands or rentcharges] Any expenses paid by a lord in proceed ings under the Copyhold Acts may be charged either on lands settled to the same uses as the manor or on rentcharges arising out of other enfranchisements within the manor, and every such charge shall be by deed by way of mortgage with, under, and subject to the provisions of the Conveyancing and Law of Property Act,

1881.

the scale.

31. In case of death proceedings not to abate.] If pending any proceedings commenced after the passing of this Act for enfranchisement under the Copyhold Acts the lord or tenant shall die, there shall be no abatement of the proceedings; any fresh admittance or enrolment consequent on such death and pending such proceedings shall be made without the payment of any fine, relief, or heriot to the lord; and the enfranchisement shall be proceeded with and the compensation shall be ascer tained on the same footing as if the enfranchisement had been effected immediately after the commencement of proceedings.

32. Declaration to be made by lord or steward.] Previously to any enfranchisement by award or deed under the Copyhold Acts the Commissioners, if they see fit, may require the lord or steward of any manor to make a declaration in such form as they shall direct, stating who are the persons for capacity of lord, and it shall be lawful for the the time being filling the character or acting in the Commissioners to accept such declaration for the missioners shall consider that such evidence does purposes of the Copyhold Acts; but if the Comnot fully and truly disclose all such particulars as or if the lord shall refuse or decline to give such eviare necessary, or if no such declaration shall be made, dence as they shall deem proper and necessary to show a satisfactory prima facie title in the lord,

The Commissioners shall have power to require 34. Award may be withheld until payment of fees.] the payment of all office fees and other expenses of tenant requesting any award, deed, or order, the Commissioners as aforesaid, from either lord or before delivery of the same.

money is hereby declared to be payable by any 35. General provisions as to expenses.] Whenever person on account of the expenses of proceedings under the Copy hold Acts

(a.) The amount may be recovered as a debt due
from the party liable to pay to the party
entitled to receive, as well as by any other
remedy given in any special case:
(b.) If it be payable by the lord to the tenant, or
by the owner of a rentcharge to the owner
of the property charged therewith, the
amount may be set off against any money
which at the time is receivable by the lord
from the tenant, or by the owner of the
rentcharge from the owner of the property
charged:

(c.) If there is dispute as to the amount of such expenses, the Commissioners may ascertain it, and may declare it by order which shall be binding on all parties concerned. by the Copyhold Acts to be given to any person 36. Notices.] Any notice required or authorised may be in writing or print, or partly in writing and partly in print, and shall be sufficiently given if delivered to such person himself or left at the usual or last known place of abode or business in the United Kingdom of such person. Any such notice shall also be sufficiently given if it is sent by post in a registered letter addressed to the person to be affected thereby by name at the aforesaid place of abode or business, and if that letter is not returned through the Post office undelivered, service or delivery shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. Where a notice is required or authorised to be given to the tenant of any premises it may be given by delivering the same, or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom the same can be delivered with reasonable diligence, by fixing the notice on some conspicuous part of the premises.

former Acts.] All proceedings for enfranchisement 37. Pending proceedings to be carried out under or redemption already commenced under the Copyhold Acts prior to this Act shall be carried out under those Acts as if this Act had not passed.

General aud Miscellaneous Provisions. by this Act conferred and all liabilities imposed 38. Succession of rights and liabilities.] All rights lord or tenant unless a contrary intention appears. upon a lord or tenant shall be held to be conferred or imposed upon the successors in title of such

manner as the Commissioners, having regard to the provisions of the Copyholds Acts, shall

direct.

26. In case of enfranchisement by agreement where compensation under £500] In cases of enfranchisement by agreement between the parties, or otherwise without reference to the Commissioners, where the compensation money does not exceed five hundred pounds, the lord for the time being shall be able to give such complete discharge, if he makes a declaration in writing stating the particulars of his estate or interest in the manor, and

it, they may direct that the compensation for enfranchisement, when a gross sum of money, by the High Court Funds Rules. shall be paid into court in the manner prescribed

33. Steward as a general rule to represent the lord.] Any lord may act on his own behalf, or may appoint ar agent other than his steward to act for him; but unless and until he has given written notice to he intends to act for himself, or that he has ap: the tenant and the Commissioners respectively that pointed the person specified in the notice to act for him, the tenant and the Commissioners

and married women.] Anything by the Copyhold 39. Provision for cases of trustees, infants, lunatics, Acts required or authorised to be done by the land or right, may be done by such lord or tenant lord of a manor, or the tenant or owner of any trustee for any person, or that his estate in such or owner, notwithstanding that he may be a guardian of an infant lord, tenant, or owner, and the committee of the estate of a lunatic lord, tenant, or owner, shall have full power to do on his behalf anything by the said Acts required or and a married woman, being lady of the manor, or authorised to be done by such infant or lunatic; tenant of any land or right of copyhold or customary tenure, shall for the purposes of the said Acts be deemed to be a feme sole.

shall be incapable or refuse to act the other trustees may act.] When either the lords or the tenants are abroad or shall be incapable or refuse to act, any proceedings necessary to be done by such trustees for effecting any enfranchisement under the Copyhold Acts may be done by the other trustee or

40. Where one or more trustees shall be abroad or

declaration.

27. Steward's compensation after 31st December, 1887] In every case of edfranchisement by award after the thirty-first day of December one thousand

receipt of notices, making of agreemente, and all other matters relating to enfranchisement, and in all matters of procedure the steward shall be steward shall, without special authority, have deemed to represent the lord; except that no with the rights comprised in section forty-eight power to consent on behalf of the lord to dealings as herein amended, of the Copyhold Act, 1852 [15 & 16 Vict. c. 51],

trustees, as the case may be.

of the forty-fourth section of the Copyhold Act, 41. Provision for lands in lease.] The provisions 1852, with reference to lands subject to leases, shall be deemed to apply not only to leases and

SCHEDULE.

Scale of Steward's Compensation. When the consideration for the enfranchisement When the

When the same

does not exceed £1-five shillings. same exceeds £1, but does not exceed £5-ten shillings. When the same exceeds £5, but does not exceed £10-one pound. exceeds £10, but does not exceed £15-two pounds. When the same exceeds £15, but does not exceed £20-three pounds. When the compensation exceeds £20, but does not exceed £25-four pounds. When the same exceeds £25, but does not exceed £50-six pounds. When the same exceeds £50, but does not exceed £100-seven pounds. And also on every additional £50, or fractional part of £50 over and above the first £100