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, in the
, 1887. county or district (as the case may be) as may be ment make of all such matters and things as are He shall appear personally at the court of the from time to time appointed by the quarter sessions, here given you in charge on behalf of our said coroner to be held on the
day of and such poll shall continue for one day only for Sovereign Lady the Queen, touching the death of
in the said county eight hours, and no poll shall be kept open later.C.D., now lying dead, of whose body you shall [or, as the case may be), for holding an inquest on than four o'clock in the afternoon.
bave the view, and shall without fear or favour, the view of the body of C.D., there to give evidence (4.) The sheriff or sheriff's deputy may, if re- affection, or illwill, a true verdict give according of anything he knows touching the death of C.D., quired by or on behalf of any candidate on or to the evidence and to the best of your skill and and shall not depart the said court without leave. before the day fixed for the election, or if he deem knowledge. So help you God.
In case of recognizance to prosecute and give evidence it expedient, cause booths to be erected for taking
FORM OF INQUISITION.
at assizes, add: the poll at the several polling places, and shall Middlesex | AN INQUISITION taken for our Sovereign He shall appear personally at the next sessions of cause to be affixed on the most conspicuous part of
oyer and terminer or goal delivery to be holden at the booth the names of the parishes to which such in the parish of
in and for the county of booth is allotted.
county (or as the case may be] of
there to prosecute and give evidence to the jury (5.) Where a booth is allotted to any parish a
that try E.F. [now in custody for the wilful murder person shall not be admitted to vote in respect of [and by adjournment on the
day of C.D.], upon the inquisition taken before me, the any property situate in that parish except at that of
, or as the case may require] be above-named coroner, on view of the body of C.D., booth.
fore 4.B., one of the coroners of our Lady and shall not depart the court without leave. (6.) Where there is no booth allotted to any the Queen for the said [county, or, as the In case of recognizance to appear for trial : parish, a person entitled to vote in respect of case may be] upon the oath (or and affirma He shall appear at the next sessions of oyer and property situate therein shall vote at the place at tion) of [in the case of murder or manslaughter terminer or gaol delivery to be holden in and for which the court for the election is held. here insert the names of the jurors L.M., N.O., the county of
and there surrender (7.) The sheriff or such person as he deputes &c. being] good and lawful men of the said himself into the custody of the keeper of a gaol in shall appoint such number of clerks as to him may [county or, as the case may be] duly sworn to which prisoners committed for trial at those seem meet and convenient for taking the poll, and inquire for our Lady the Queen, on view of sessions are detained, and plead to the inquisition those clerks shall take the poll in the presence of the body of C.D. (or of 4 person to the taken before me, the above-named coroner, on view the sheriff or such person as he deputes, and before jurors unknown] as to his death; and those of the body of C.D., whereby a verdict of man. they begin to take the poll each clerk shall by the of the said jurors whose names are hereunto slaughter has been found against him, and shall sheriff or such person as he deputes as aforesaid be subscribed upon their oaths do say :
take his trial upon that inquisition, and shall not sworn truly and indifferently to take the poll, and Here set out the circumstances of the death, as, for depart the court without leave. to set down the names of each elector, the place of example :
In every case add at the end : his residence, and the person for whom he polls, (a.) That the said C.D. was found dead on the Then if the above conditions are fulfilled, this and to poll no elector who is not sworn, if required
in the year recognizance shall be void, but otherwise shall to be sworn by either of the candidates, which oath aforesaid at
in the county of remain in full force. the said sheriff or such person as he deputes may
[or set out other place of death] administer. and
THIRD SCHEDULE, (8.) The sheriff shall appoint for each candidate (6.) That the cause of his death was that he was such one person as is nominated to him by each thrown by E.F. against the ground,
[This schedule contains a long list of old statutes candidate to be an inspector of every clerk who is whereby the said C.D. had a violent concus
repealed.] appointed for taking the poll. sion of the brain and instantly died (or set
CAP. LXXII. (9.) Every elector before he is admitted to poll out other cause of death.] at an election, shall, if required by or on behalf of Here set out the conclusion of the jury as to the An Act to amend the Law relating to Expenses any candidate, first take the oath following, which death, as, for example :
of Local Authorities. [16th September 1887. the sheriff or any such sworn clerk as aforesaid (c.) and so do further say, that the said E.F.
Be it enacted, &c. : may administer, that is to say :-I swear Cor did feloniously kill [or feloniously, wilfully, solemnly declare, as the case may be] that I am a and of malice aforethought murder] the
1. Short titles.] This Act may be cited as the freeholder of the county of and have a free.
Local Authorities (Expenses) Act, 1887. hold estate consisting of lying at in Or, do further say that the said E.F. by misfor
2. Definitions.] In this Act, the parish of within the said county, and tune and against his will did kill the said C.D. The expression “local authority" has the same that such freehold estate has not been granted to Or, do further say that E.F. in the defence of
meaning as in the Local Loans Act, 1875 me fraudulently or colourably on purpose to himself (and property] did kill the said C.D.
[38 & 39 Vict. c. 83 ] qualify me to give my vote at this election, and In case of There being an accessory before the fact The expression “district auditor” has the same that the place of my abode is at [and if it be add :
meaning as in the District Auditors Act, 1879 a place consisting of more streets or places than one, And do further say that K.L., before the said [42 & 43 Vict c. 6.] specifying what street or place,] that I am twenty- murder was committed, did feloniously incite [or one years of age as I believe, and that I have not procure, aid, counsel, and command, or as the case
power of district auditor.] voted before at this election. may be] the said Ę.F. to commit the said murder.
Expenses paid by any local authority whose (10.) The poll clerks shall at the close of the At end add :
accounts are subject to audit by a district anditor poll, enclose and seal their several books, and de In witness whereof as well the said coroner as
shall not be disallowed by that auditor if they liver them so enclosed and sealed to the sheriff or the jurors have hereunto subscribed their hands
have been sanctioned by the Local Government Eheriff's deputy presiding at the poll, who shall and seals the day and year first above written.
Board. give a receipt for the same.
Another example is : (11.) Where the deputy receives them, he shall
CAP. LXXIII. Tbat the said C.D., did on the forthwith deliver or transmit them so enclosed and
fall into a pond of water situate at
An Act to amend the Copyhold Acts, and for sealed to the sheriff.
by means whereof he died. the Enfranchisement of Copyhold and Cus(12.) The sheriff shall receive and keep all the Here set out the conclusion of the jury as to the tomary Lands. [16th September 1887. poll books unopened until the re-assembling of the death, as for example : court on the day next but one after the close of the And so do further say that the said C.D., not vision for the enfranchisement of lands of copy;
Whereas it is expedient to make further propoll, unless that day be Sunday, and then on the being of sound mind, did kill himself. Monday following, and on that day he shall openly Or do further say that the said C.D. did to certain customary and other incidents and
hold and customary tenure, and of lands subject break the seals thereon, and count the votes ap- feloniously kill himself. pearing in the said books, and openly declare the
Or do further say that by the neglect of E.F. to said poll, and make proclamation of the person fence the said pond C.D. fell therein, and that
Be it therefore enacted, &c: chosen not later than two o'clock in the afternoon therefore E.F. did feloniously kill the said C.D. of the said day. Or do further say that the said C.D. by misad. On the admittance or enrolment of any tenant
1. Notice to be given by the steward to the tenant.] (13.) In these rules the expression “sheriff” in venture fell into the said pond and was killed. cludes “under-sheriff."
after the thirty-first day of December one thousand
eight hundred and eighty-seven, the steward of SECOND SCHEDULE (SECTIONS 18, 37].
FORM OF RECOGNIZANCE.
the manor shall be bound, without any further FORMS. to wit. } Be it remembered that
charge, to give to the tenant so admitted or
enrolled a notice in the form or to the effect (Form of Declaration of Office of Coroner.]
following: I solemnly, sincerely, and truly declare and
Take notice that, if you desire that the copyhold J.K. of
and R.S. of affirm that I will well and truly serve our Sovereign [insert the names of all bound over], personally
land which you hold of this manor of Lady the Queen aud her liege people in the office
shall become freehold, you of coroner for this county Lor borough or as the case
came before me, A.B., one of the coroners of are entitled to enfranchiee the same upon may be] of
our Lady the Queen for and that I will dili.
county [or, as gently and truly do everything appertaining to my ledged to the case may be] of
paying the lord's compensation and the and acknow
steward's fees. The lord's compensation office after the best of my power for the doing of Queen the sum of
to our Sovereign Lady the
may be fixed either by agreement between right, and for the good of the inhabitants within
pounds to be levied the said county (or borough or as the case may be]. on his goods and lands by way of recognizance to
the lord and you, or by any valuer appoint: Her Majesty's use if default is made on bis part [or
cd by yourselves, or through the agency of Form of Oath of Jury. on the part of I.K.) in the conditions following:
the Land commissioners, to whom you may You shall diligently inquire and a true present. before the coroner, add : In case of recognizance to appear and give eşidence
make application, if you think fit, to effect
the enfranchisement of your land. | If the steward neglects to serve such notice he
not be entitled to any fee for that admission thirty pounds, but in that case he shall be and on any enfrauchisement taking place after the rolment.
liable to pay the additional expense caused said first day of January a proportionate payment All may be admitted by attorney.] Every person
by such mode of valuation :
shall in like manner be made on such one of the ed to admission may hereafter be admitted
(c.) Where the valuers fail to make a decision, said half-yearly days of payment as shall next imself or by his attorney duly appointed,
and also fail to refer the matter to the follow the date of the award or memorandum or her orally or in writing.
umpire, the umpire shall, if so directed by deed of enfranchisement. Power to agree on compensation or appoint valuer.]
the Commissioners, act as if he had been lord and tenant may at any time agree in
duly appointed by the lord and tenant to
16. Recovery and incidence of rentcharge.] Every ig on the amount of compensation for
as their valuer, and the umpire so acting dies as are given by section forty-four of the
such rentcharge shall be recoverable by such remenchisement, or may appoint in writing a
shall make and deliver his decision to the Conveyancing and Law of Property Act, 1881 [44 r or valuers to ascertain such compensation,
Commissioners within forty-two days from & 45 Vict. c. 41]. Any occupying tenant who is he sum so agreed upon or ascertained shall be
his being directed by the Commissioners to called upon to pay and does pay any money on ed to be the compensation for enfranchise
act as valuer for both parties; and where he account of such rentcharge, which as between him lawfully ascertained.
has not been so directed, or where having and his landlord he shall not be liable to pay, shall
been so directed he fails to deliver his Lord to retain his right in case of escheat.] On
be entitled to recover the same from his landlord
decision within the time aforesaid, the nfranchisement after the passing of this Act Commissioners shall fix the consideration to
or to deduct it from the next rent payable by him. rd of the manor shall continue to be entitled
be paid : je of escheat for want of heirs to the same
17. Rentcharge redeemable by tenant.] Any such (d.) The valuers or either of them, if they fail rentcharge may be redeemed upon any half-yearly and interest in the land as he would have had
to agree upon the compensation to be paid day of payment upon six months previous notice ad not been enfranchised.
for the enfranchisement, may refer the in writing at the option of any person for the time And corresponding abatements to be made from whole matter or any point in dispute to the being in actual possession or receipt of the rents d's compensation.] In making valuations for umpire.
and profits of the land subject to the rentcharge, psation payable to the lord upon an epfran 11. As to duties of valuers.] The valuers ap
by payment to the person for the time being aent effected after the passing of the Act the pointed under the provisions of the Copyhold Acts
entitled to receive the rentcharge for twenty-five 's shall not take into consideration the value shall determine the value of the manorial and
times the yearly amount of the rentcharge created heats, other rights and incidents, such value to be a gross
as aforesaid. Restraint on the creation of new copyholds.] sum of money, and their decision shall be in such 18. Provision when, after notice for redemption, the passing of this Act it shall not be lawful form as the Commissioners may prescribe, and money is not paid.] After the expiration of a e lord of any manor to make grants of land they shall in every case deliver the details of the notice for redemption, if the redemption money eviously of copyhold tenure to any person to valuation to the Commissioners, and if it shall and all arrears of the rentcharge are not duly paid, by copy of court roll, or by any tenure of a appear to the Commissioners that the valuation is the person entitled to the said rentcharge shall nary nature, without the previous consent imperfect or erroneous, they may remit it for re have and may exercise over the property charged Land Commissioners, who in giving or with consideration or correction; and if the valuers therewith all the powers and remedies given to a g their consent shall have regard to the same neglect or refuse to amend the same, the Commis- mortgagee in and by the Conveyancing and Law of erations as are to be taken into account by sioners may, after due notice to the lord and to the Property Act, 1881, for the recovery of the on giving or withholding their consent to any tenant, and after fully considering all the circum- redemption money and all arrears, if any, of the are of common lands; and whenever any stances brought before them, determine the value said rentcharge. Tant has been lawfully made the land therein of the manorial and other rights and incidents at
19. Rentcharges to rank as if under Copyhold Acts.] ised shall cease to be of copyhold tenure, and such a sum as they may deem just and reasonable. Rentcharges created under this Act on enfranchised se vested in the grantee thereof to hold for 12. In case of death, fc., of valuer another to be lands shall, with reference to other charges on terest granted as in free and common socage. appointed.] Upon the death, incapacity, or refusal and interests in such lands, rank in the same iord or tenant may compel extinguishment of all to act, or removal from time to time, of any valuer manner as if such rentcharges were created under al incidents.] Subject to the provisions of appointed under the provisions of the Copyhold the Copyhold Acts passed prior to this Act. ty-eighth section of the Copyhold Act, 1852, Acts, another valuer shall, by a time to be fixed by
20. Expenses of redemption ]
The expenses the provisions herein-before expressed, any
the Commissioners, be appointed in his stead in the incurred in redeeming such rentcharges shall be r tenant or owner of any land liable to any
manner and by the means by which the valuer dealt with on the same footing as the expenses or to any quitrent, free rent, or other whose place he is to fill was appointed and if incurred in redeeming a mortgage. ial incident whatsoever, may require and no valuer be appointed within the time fixed by
21. Transfer of fee-farm rent or charge from manor I the extinguishment of such rights or inci. the Commissioners, then the appointment shall be
to freeholds lands or Government stocks of adequate and the release and enfranchisement of the made by the Commissioners, and the new valuer ubject thereto, and the same proceedings for the time being may adopt and act upon any value.)., Where in the course of an enfranchiseinent hereupon be bad as are in the Copyhold Acts valuation and other matters or pr. ceedings which under the Copy hold Acts it is found that a manor,
or the lord's estate and interest in any land ned with reference to the enfranchisement shall have been completed or agreed upon by the
belonging thereto, which may be the subject of rhold land, or as near thereto as the nature valuer previously acting.
enfranchisement is subject to the payment of a case will admit.
13. Payment may be made in gross sum ] The fee-farm rent or to any other charge, the Commisommissioners to have power to continue conditions tenant may in any case before the completion of sioners may, upon the application of the person .] Notwithstanding anything herein con- any enfranchisement pay the compensation in a
for the time being bound to make such payment it shall be lawful for the Commissioners, it gross sum of money, but in case of an enfranchise
or defray such charge, by order under their seal, se fit, in any enfranchisement effected by ment by award, he shall, within ten days after the direct that the fee-farm rent or charge respectively to continue and give effect to any conditions receipt of the draft of the proposed award, give shall be a charge upon any freehold lands specified ig the user of the land subject to which a notice in writing to the Commissioners of his desire in the order, being of adequate value and held may have been admittted, and imposed or so to pay
under the same title as the said manor or land, or for the benefit of the public or of the other 14. When compensation to be secured by rentcharge.] upon an adequate amount of Government stocks 1 of the manor, where, in the opinion of the Subject to the foregoing provision, and unless the or funds to be transferred into Court by the ssioners, any especial hardship or injustice parties otherwise agree, such compensation shall, direction of the Commissioners in manner preresult if the lands were released from such in the following cases, viz. :
scribed by the High Court Funds Rules, or into (a.) Where the enfranchisement is affected at the the names of trustees appointed by the Commis. instance of the lord ;
sioners; and upon the sealing of such order the ng relating to compensations, Valuations, the (6.) Where the land can, in the opinion of the said manor and land shall be freed and for ever ig of Awards, the incidence and redemption of Commissioners, be sufficiently identified, discharged from such payment or charge; and harges, and the application of Compensation and the compensation to the lord amounts such payment or charge shall be and continue a
to more than one year's improved annual charge upon the land or funds specified in the value of the land enfranchised,
order of the Commissioners, and, so far as the nendment of s. 6 of 21 & 22 l'ict. c. 94.] The ction of the Copyhold Act, 1858, shall be consist of an annual rentcharge commencing in nature of the case will admit, there shall be and
are hereby attached thereto the like remedies d as follows:- instead of the words "ad. every case from the date of the notice to enfrane or death” shall be read the words chise, and issuing out of the land enfranchised, for the recovery thereof as against the land or tance or enrolment on alienation;" and equivalent to interest at the rate of four pounds funds subject thereto, as might have been had as of the final word “heriot” shall be read per centum per appum upon the amount of com. against the manor or land belonging thereto in 1“
respect of the original charge. pensation ascertained as aforesaid. enrolment."
22. Commissioners may frame award of enfranchisemendment of s. 8 of 21 & 22 Vict. c. 94.]
15. Rentcharges to be payable on the 1st January and eight of the Copyhold Act, 1858, shall bd 1st July in each year.] From and after the first day ment.] In any case conducted before the Commis. if the word thirty had been substituted of January next every rentcharge already created sioners, when the amount of compensation has for twenty, and subject to the following or to be bereafter created under the provisions of been duly ascertained, the Commissioners, having
the Copyhold Acts shall be payable half-yearly on be lord and tenant in any case may appoint the first day of January and the first day of frame an award of en franchisement on the basis of le and the same person as valuer: July in every year, and a proportionate payment such compensation, and in such form as they shall
and such ther party may in any case have the valua- shall be made on the first day of January next in provide, and may confirm the same, in made as in cases where the land to be respect of the interval which shall bave elapsed confirmed award şhall have the same force and franchised is rated to the poor's rate at a
since the last preceding day of payment or since validity as an award of enfranchisement under the eater amount than the net annual value of the commencement thereot, as the case may be ; Copyhold Act, 1858 [21 & 22 Vict. c. 94]. And
application thereof, and in such cases the compen: show a satisfactory primâ facie title in the lord. trustee for any person, or that his estate in such eation money shall be paid by the recipient in such then, if they think the justice of the case requires reanor or land be only a limited estate; and the Showing himself to be entitled to receive such respectively may treat his steward as his agent for trustees, and one or more of such trustees shall be liable to the penalties attached to a false statutory steward shall, without special authority, have trustees, as the case may be.
where the draft award has been perused by the eight hundred and eighty-seven, the tenant shall 34. Award may be withheld until payment of fees.] steward, it shall not be pecessary to serve a copy pay to the steward the compensation mentioned in The Commissioners shall have power to require thereof upon the steward, as required by the last the schedule to this Act.
the payment of all office fees and other expenses of proviso to the tenth section of the Copyhold Act, 1858. But a copy of thé award, sealed or stamped
28. Prior to 1st January, 1888.] In every case of
the Commissioners as aforesaid, from either lord or with the real of the Commissioners, shall be sent I enfranchisement by award prior to the first day tenant requesting any award, deed, or order, by the Commissioners to the lord, who shall cause eighty-eight, the expenses of enfranchisement and
of January, one thousand eight hundred and before delivery of the same. the same to be entered on the court rolls of the the steward's compensation shall be dealt with money is hereby declared to be payable by any
35. General provisions as to expenses.]. Whenever a3 provided by the Copyhold Acts prior to this person on account of the expenses of proceedings 23. Power to charge land enfranchised with com- Act.
under the Copyhold Actspensation money, fc.] It shall be lawful for the
(a.) The amount may be recovered as a debt due owner of any land enfranchised under the Copyhold Provisions relating to Procedure and Expenses.
from the party liable to pay to the party Acts, although his estate may be only a limited estaté, to charge the land enfranchised with the and after the passing of this Act the words in the 29. Amendment of 15 4 16 Vict. c. 51, 8.8.] From entitled to receive, as well as by any other
remedy given in any special case : compensation money paid for such enfranchise
course of the valuations in any enfranchisement to (6.) If it be payable by the lord to the tenant, or ment, and also with the expenses attending such be effected by an award under the Copyhold Acts"
by the owner of a rentcharge to the owner enfranchisement, or with any part thereof respect- shall be substituted for the words “ upon or prior of the property charged therewith, the ively, with interest thereon not exceeding five to any admittance or in the course of such valua
amount may be set off against any money pounds per centum per annum, or by way of tions" in section eight of the Copyhold Act, 1852. which at the time is receivable by the lord terminable apnuity calculated on the same basis. Any and every such charge may be by deed by way of the Land Commissioners shall frame and cause to 30. Commissioners to publish a scale of compensation.]
from the tenant, or by the owner of the
rentcharge from the owner of the property mortgage with, under, and subject to the provisions be printed and published such a scale of compensa.
(e.) If there is dispute as to the amount of such 1881 [44 & 45° Vict. c. 41], and shall be a first tion for the enfranchisement of land from the
expenses, the Commissioners may ascertain charge on the land, and shall have such priority manorial and other rights and incidents, specified as hy the thirty-third section of the Copyhold Act, or referred to in the Copyhold Acts, including
it, and may declare it by order which shall
be binding on all parties concerned. 1858 [21 & 22 Vict.c. 94], is assigned to the charges heriots, as in their judgment will be fair and just there expressed to be first charges; and any sball contain all such directions for the guidance by the Copyhold Acts to be given to any person
36. Notices.] Any notice required or authorised moneys already invested or previously secured or charged on such land may be continued on the
of lord, tenant, and valuers as the Commissioners may be in writing or print, or partly in writiog and fecurity of the same, notwithstanding the im.
may deem necessary. The said Commissioners partly in print, and shall be sufficiently, given if position of the said charges under the Copyhold shall also print and publish a scale of allowance to delivered to such person himself or left at the Acts. Any company now authorised to make valuers for services to be performed in the execu.
usual or last kuown place of abode or business in advances for works of agricultural improvement to
tion of the Copyhold Acts. The Commissioners the United Kingdom of such person. Any such owners of settled and other estates, may, subject may from time to time vary any such scales, which notice shall also be sufficiently given if it is sent and according to the provisions of their respective are to be for guidance only, and not to be binding by post in a registered letter addressed to the Acts of Parliament, charters, deeds, or instrumente
as a matter of law in any particular case, but the person to be affected thereby by name at the of settlement, make advances to owners of settled party requiring enfranchisement shall state to the aforesaid place of abode or business, and if that and other estates of such sums as may be required other party whether or no he is willing to adopt letter is not returned through the post office for the payment of any consideration or compen. the scale.
undelivered, service or delivery shall be deemed to sation for commutation or enfranchisement under 31. In case of death proceedings not to abate.] If be made at the time at which the registered letter the existing or any future Copyhold Acts, or of pending any proceedings commenced after the would in the ordinary course be delivered. Where any expenses chargeable upon a manor or land passing of this Act for enfranchisement under the a notice is required or authorised to be given to under the same Acts or otherwise, and to take for Copyhold Acts the lord or tenant shall die, there the tenant of any premises it may be given by their repayment a charge for the same in accord- shall be no abatement of the proceedings; any delivering the same, or a true copy thereof, to ance with the provisions of their respective Acts fresh admittance or enrolment consequent on such some person on the premises, or, if there is no of Parliament.
death and pending such proceedings shall be made person on the premises to whom the same can be 24. Lord's expenses may be charged on lands or rent.
without the payment of any fine, relief, or heriot delivered with reasonable diligence, by fixing the charges 1. Ang expenses paid by a lord in proceed to the lord; and the enfranchisement shall be pro- notice on some conspicuous part of the premises. ings under the Copyhold Acts may be charged ceeded with and the compensation shall be ascer. 37. Pending proceedings to be carried out under either on lands settled to the same uses as the tained on the same footing, as if the enfranchise- former Acts. ] All proceedings for enfranchisement manor or on rentcharges arising out of other ment had been effected immediately after the
or redemption already commenced under the enfranchisements within the manor, and every commencement of proceedings.
Copyhold Acts prior to this Act shall be carried such charge shall be by deed by way of mortgage 32. Declaration to be made by lord or steward.] out under those Acts as if this Act had not passed. witb, under, and subject to the provisions of Previously to any enfranchisement by award or the Conveyancing and Law of Property Act, deed under the Copyhold Acts the Commissioners, General and Miscellaneous Provisions. 1881. if they see fit, may require the lord or steward of
38. Succession of rights and liabilities.] All rights 25. Receipt for, and disposal of, compensation,
any manor to make a declaration in such form as by this Act conferred and all liabilities imposed after award, or with consent, of Commissioners.)" 'In they shall direct, stating who are the persons for
upon a lord or tenant shall be held to be conferred every case where land is enfranchised under the the time being filling the character or acting in the
or imposed upon the successors in title of such award of the Commissioners, or by deed with the capacity of lord, and it shall be lawful for the lord or tenant unless a contrary intention appears. consent of the Commissioners, the lord for the time Commissioners to accept such declaration for the being, although his estate in the manor may be purposes of the Copyhold Acts; but if the Com. 39. Provision for cases of trustees, infants, lunatics, only a limited estate, shall be able to give a com.
missioners shall consider that such evidence does and married women.] Anything by the Copyhold plete discharge for money payable to the lord for not fully and truly disclose all such particulars as
Acts required or authorised to be done by the compensation, so as to relieve the person or persons
are necessary, or if no such declaration shall be made, lord of a manor, or the tenant or owner of any paying the same from all responsibility for the dence as they shall deem proper and necessary to or if the lord shall refuse or decline to give such evi- land or right, may be done by such lord or tenant
or owner, notwithstanding that he may be a as the Commissioners, having regard or the provisions of the Copyholds Acts, shall it, they may direet that the compensation for guardian of an infant lord, tenant, or owner, and enfranchisement, when a gross sum of
the committee of the estate of á lunatic lord,
money, 26. In case of enfranchisement by agreement where by the High Court Funds Rules.
shall be paid into court in the manner prescribed tenant, or owner, shall have full power to do on compensation under £500.] In cases of enfranchise
his behalf anything by the said Acts required or ment by agreement between the parties, or other
33. Steward as a general rule to represent the lord.] and a married woman, being lady of the manor, of
authorised to be done by such infant or lunatic; Wise without reference to the Commissioners, where Any lord may act on his own behalf, or may appoint tenant of any land or right of copyhold or customary the compensation money does not exceed five
an agent other than bis steward to act for him; tenure, shall for the purposes of the said Acts be hundred pounds, the lord for the time being shall
but unless and until he has given written notice to deemed to be a feme sole. be able to give such complete discharge, if he
the tenant and the Commissioners respectively that makes a declaration in writing stating the particuhe intends to act for himself, or that he has ap
40 Where one or more trustees shall be abroad or lars of bis estate or interest in the manor, and pointed the person specified in the notice to act
shall be incapable or refuse to act the other trustees may for him, the
tenant and the Commissioners act.] When either the lords or the tenants are money for his own use.
If he is not actually so entitled he shall be deemed to have received such receipt of notices, making of agreements, and all abroad or shall be incapable or refuse to act; money as a trustee for the persons who are so entitled. If his declaration is false he shall be deemed to represent the lord; except that no
other matters relating to enfranchisement, and in proceedings necessary to be done by such trustees all matters of procedure the steward shall be
for effecting any enfranchisement under the Copy.
hold Acts may be done by the other trustte or declaration. 27. Steward's compensation after 31st Decenber, apo there the completat comprised in the lion for salight of the forty-fourth section of the Copyholde det,
41. Provision for lands in lease.] The provisions 1887.) In every case of edfranchisement by a ward of the Copyhola Act, 1852 (1598-16Vict. c. l', 1852, with Yeference to lands subject to learned after the thirty-first day of December one thousand as herein amended,
shall be deemed to apply not only to leases and
demises at will, but also to leases and demises for
46. Prorision for case of joint lords under section the compensation, and to all such expenses to alį lands enfranchised under the Copyhold Acts.
attending the enfranchisement as are payunder the fourth section of the Universities and able on the part of tenants, including the 42. Boundaries.] In all cases of lands enfran- College Estates Act Extension, 1860, apy university contribution assessed on tenants-in-fee as chised under the Copyhold Acts the following or college and any person shall jointly constitute last aforesaid : rules shall apply as between the lord and the
"the lord ” of the manor, then any rentcharge to (4.) The Commissioners shall have power to tenant:
be created under the Copyhold Acts on the en apportion such contributions between the (a.) Where the identity of any lands cannot be franchisement of land held of such manor shall be several tenants of each enfranchised tene.
ascertained to the satisfaction of the valuers, in favour of, and the power to give receipts here ment, and also between the several tenantssuch lands shall be taken at the quantities inbefore conferred for compensation or redemption in-fee, and to make orders for the payment mentioned in the court books or rolls of the money shall be exerciseable by, the person who of such contributions and expenses by the manor, if such quantities are therein stated at the date of the enfranchisement shall be entitled
persons from whom they are due. Such to be in statute measure, and as to any
in possession to the profits of the manor or to the orders shall be conclusive upon all persons lands the quantities of which are not so receipt of such rentcharge, and the executors and hereby declared liable to contribute : specified, the same shall be taken at such administrators of such person, but without pre (5.) Without the consent of the tenant-in-fee quantities as such valuers may determine:
judice to any question as to the further disposal of the Commissioners shall make no Award for (6.) Where the lands are not defined by a plan the moneys secured by such charge.
the enfranchisement of any tenement, upon the court rolls, the valuers shall, if re 47. Provisions for cases where derivative interests are
unless and until they have apportioned quested in writing so to do either by the entered upon the rolls.] The following provisions
the contributions between such tenant-in. lord or tenant, define the boundaries or shall apply to every manor in which the fines are
fee and the tenants holding derivative limits of the lands by a plan; such plan certain, and in which it is the practice for copy
interests in the same tenement, and have when accepted by the Commissioners to be holders in fee to grant derivative interests to per.
made orders for payment of the same, or conclusive : sons who are admitted as copyholders of the manor
otherwise have satisfied themselves that the (e.) When valuers have been appointed it shall in respect of such interests.
tenant-in fee has full security for the be lawful for any lord or tenant, in case of (a.) The tenant for the purposes of the Copy
amounts which the tenants of derivative any doubt or difference of opinion as to the hold Acts shall be the person who is ad.
interests are to contribute.
48. Custody of court rolls.] When and so soon
tance, and who is in this section called the for the
as all the lands held of or parcel of any manor purpose
of any enfranchisement, and tenant-in-fee : the Commissioners shall proceed in such
sball be enfranchised the lord or, with the consent (6.) The enfranchisement of the land to such manner as they shall see it to ascertain and
of the lord, any other person having custody of
tenant shall enure for the benefit of himself the court rolls, court books, and records of such define suoh boundaries; and such definition and every other person having any customary of boundaries, when made by the Com
manor may, if he thinks fit, give up and hand
estate or interest subsisting in the same land, missioners, shall be final and conclusive.
over to the Master of the Rolls all or any of such
without any further enfranchisement, and court rolls, court books, and records, and the (d.) Except by agreement between the lord and all such persons shall be entitled to estates
Master of the Rolls shall have power to receive the tenant, no such plan shall be undertaken and interests in the land enfranchised corres
and to undertake the custody thereof, and in case in any case where it shall appear by the ponding with their customary estates and the Commissioners shall have obtained the custody court rolls or otherwise that the boundaries interests existing at the date of the enfranof the lands proposed to be enfranchised
of any such court rolls, court books, or records
cbisement: have been for more than fifty years last past
under the Copy hold Act, 1852, or otherwise under (c.) All rentcharges payable in respect of such the Copyhold Acts, they shall have power to give treated as being intermixed with the
enfranchisement, and all sums of money all or any of them up to the Master of the Rolls, boundaries of other lands and as being in. ‘payable by the tenant in fee for compensa who shall have power to take and keep the same capable of definition.
tion or the expenses of enfranchisement, in manner aforesaid ; and from thenceforth ali 43. Power to refer questions of compensation to Com
and the interest thereon, shall, if the persons seised of or interested in any such lands missioners.] Notwithstanding the provisions of
parties have not otherwise agreed, be borne shall have access to and may inspect such court the Copyhold Acts, the lord and tenant may at any
and paid by the several persons for whose rolls, court books, and records handed over as time after notice of enfranchisement shall have
benefit the enfranchisement enures in pro- aforesaid, and may inspect the same and obtain been delivered agree in writing that the Commis
portion to their respective interests in the office copies of certified extracts therefrom on the sioners shall determine the compensation to be
enfranchised land :
payment of such reasonable fees as shall be fixed paid for enfranchisement. And the Commissioners
(d.) If any dispute arises respecting the due from time to time under the authority of the shall, upon receipt of such agreement, take
apportionment of such charges, the Com- Master of the Rolls. such proceedings and make such inquiries as
missioners may, on the application of any
Provided always, that the Master of the Rolls they may deem necessary to determine such com
party interested, and after due inquiry, shall have power from time to time to make, and pensation, taking into consideration all such
make an order apportioning the same. when made revoke, add to, and vary, rules matters as valuers appointed under the Copyhold
Such order shall be binding on all parties respecting the manner in which and the time at Acts are bound to take into consideration in
concerned, and the expenses of and incident which the access to and inspection of euch court making a valuation ; and having determined such
to it shall be paid by the parties or any of rolls, court books, and records handed over as
them as the Commissioners direct : compensation, the Commissioners shall communi.
aforesaid, shall be had and made, and such ofice cate the result in writing to the lord and tenant, and shall fix a time within which any objection
(1.) On the request of the lord, or of one fourth copies and certified extracts shall be obtained, and
as to the amnunt and mode of payment of reason. to such determination may be signified to them in
in number of the copyholders for the time able fees for or in respect of such office copies and writing by the lord or tenant, and forth with after
being on the court roll of any such manor,
certified extracts as aforesaid. the period fixed for such objections to be signi
and upon such provision for expenses being Provided further, that every such rule shall be fied shall have expired if there be none, or if there
made as the Commissioners may require, laid before both Houses of Parliament within six be any then forth with after the Commissioners
the Commissioners may make a local inquiry weeks after it is made, or after the next meeting of shall have considered and disposed of such objec
for the purpose of ascertaining whether the Parliament. tions and made such alterations, if any, as they
copyholders of such manor desire that shrll see fit, they shall make their award of en
enfranchisement shall be effected through.
49. Interpretation of terms.] In this Act and the
out the manor : franchisement in like manner as if the compensa
Copyhold Acts, unless where the context shows tion had been ascertained by valuers under the
(2.) If the Commissioners find that not less than that the words 'herein-after mentioned are used in Copyhold Acts.
two thirds in number of such copyholders a different sense, they shall be understood in
desire such enfranchisement, they shall by manner herein-after mentioned, that is to say, the 44. Commissioners may correct errors in awards or order declare that all copyhold tenements expresion the Commissioners” shall mean the other instruments.] It shall be lawful for the Com. of the manor are to be enfranchised ; and Land Commissioners for England ; the expression missioners, if they see fit, on the application of any thereupon they shall proceed to ascertain
" the Copyholds Act” shall extend to and include person interested, at any time to correct and the amount of compensation due to the
this Act; the word “lord” shall be interpreted supply any error or omission arising from in lord upon the enfranchisement of each tene.
as the same is interpreted in the Copyhold Act of advertence in any award of enfranchisement, deed ment held by a tenant-in-fee, and to effect 1841 ; the word "tenant" shall comprise all of enfranchisement, or charge, already made or such enfranchisements accordingly as be persons holding lands subject to any manorial issued, or to be made and issued by them, or any tween the lord and the tenants-in-fee. right or incident; the word
rent" shall include other instrument authorised by the said Acts to The compensation in every shall
all payments or renders in money, produce, kind, be made or issued by the Commissioners, after consist of a gross sum of money, unless
or labour, due or payable in respect of any land such notice to the parties interested as the Com.
the lord and tenant-in-fee otherwise agree:
holden of or parcel of any manor; the word missioners shall deem proper, and all expenses in (3.) Upon the making of the declaration above
shall include every person entitled to cident thereto shall be paid by the parties, or
mentioned, all the tenants-in-fee of the hereditaments for any term of years originally either of them, if and as the Commissioners manor shall be liable to contribute rateably granted for ninety-nine years or upwards, or for
to the expenses of the local inquiry accord
some greater estate; the words “ admitting or 45. Trust copyholds of inheritance not to descend
ing to the amount of compensation payable enrolling," “admittance or enrolment," "admit as chattels real.] The thirtieth section of the Con.
by them respectively. The tenant-in-fee
shall include an express admittance or veyancing and Law of Property Act, 1881, shall
and all copyholders holding derivative enrolment of a tenant and every licence of any not apply to land of copyhold or customary tenure
interests in the same tenement shall be assurance, and every ceremony, act, and assent vested in the tenant on the court rolls of any
liable to contribute rateably, according to whereby the tenancy or holding of any such tenant manor upon any trust or by way of mortgage.
the value of their respective interests, to is perfected ; and generally words interpreted in
the earlier Copyhold Acts shall receive the same
- ten shillings. The above compensation is
SCHEDULE. interpretation in this Act save where a contrary
exclusive of stamps and paper or parchment or map intention appears.
Scale of Steward's Compensation.
or plan, which are to be paid for by the tenant. 50. Act to be part of Copyhold Acts.] This Act
When the consideration for the enfranchisement
CAP. LVIII. shall be taken and construed as part of the Copy- does not exceed £1—five shillings. hold Acts, and may be cited either generally under same exceeds £1, but does not exceed £5—ten An Act to consolidate with amendments the
Coal Mines Acts, 1872 and 1886, and the the term the Copyhold Acts, or specifically as the shillings. When the same exceeds £5, but does
When the same Stratified Ironstone Mines (Gunpowder) Act, Copyhold Act, 1887, and throughout this Act the not exceed £10-one pound.
[16th September 1887. expression “Copyhold Acts" shall include this exceeds £10, but does not exceed £15-two pounds. Act.
When the same exceeds £15, but does not exceed
CAP. LIX. 51. Repeal.] The following portions of the exceeds £20, but does not exceed £25 - four An Act for further promoting the Revision of Copyhold Acts are hereby repealed: that is to say, pounds. When the same exceeds £25, but does the Statuto Law by repealing Enactments
The twelfth section of the Copyhold Act, 1843; not exceed £50-six pounds. When the same which have ceased to be in force or have The fourth, seventh, pinth, and twenty-fourth exceeds £50, but does not exceed £100-seven
become unnecessary. sections of the Copyhold Act, 1852; pounds. And also on every additional £50, or
[16th September 1887. The seventh section of the Copyhold Act, 1858. fractional part of £50 over and above the first £100
[By a printer's error these two statutes were omitted to be mentioned in the proper place.]