Page images
[ocr errors]

3 8 county or district (as the case may be) $5 111$} 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 a deputy _may, it 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 polhng places, and shall cause to be aflixed on the most conspicuous plart of the booth the names of the parishes to whic 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 o 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 c erk shall by the sheriff or such person as he deputes as aforesaid be sworn truly an indifierently to take the poll, and to set down the names of each elector, the place of his residence, and the plerson for whom he polls, and to poll no elector w o is not sworn, if required to be sworn by either of the candidates, which oath the said sberifi 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 t e poll.

(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 bc] that I am a


freeholder of the county of , and have a freehold estato consisting of , lying at , in the parish of , within the said county, and

that such freehold estate has not been granted to me fraudulently or colourably on purpose to (¥.\1l1li.fy me to give my vote at this election, and t at the place of my abode is at , [zmdi/'1'! he a place consisting of more strccls or places than one, specifying what street or place,] that I am twentyone years of age, as I believe, and that 1 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 sealcd to the sheriff.

(12.) The sheriff shall receive and kecp all the poll books unopened until the ro- assembling of the court on the day next but one after the close of the ppll, unless that day be Sunday, and then on the

onday 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-sherifi."

[ocr errors][merged small][merged small]
[ocr errors]

ment make of all such matters and things as are here given you in charge on behalf of our , Sovereign Lady the Queen, touching flic death of C'.D., now lying dead, of whose body you shall have the view, and shall without fear or favour, affection, or illwill, a true verdict give according to the evidence and to the best of your skill and knowledge. So hclp you God. Form 01-‘ IXQCISITION.

Middlegex} Ax ixriuisrrros taken for our Sovereign

to wit. Lady the Queen at , in the arish of , in the county En‘ as the case may ha] of , on the day of , 18 [and by adjournment on the day of , or as the use may rcqilirr] be

fore 11.13., one of the coroners of our Lady the Queen for the said [count-y, or, as the case may be] upon the oath [or and affirmation] of [in the case of murder or iiznmilauylilcr here irisert the names of thejurors L.llI., N.O., &c. heing] good and lawful men of the said [county or, as lhe ca-w may he] duly sworn to inquire for our Lad the Queen, on view of . the body of 0.D. gar of a person to the jurors unknown] as to his death ; and those of the said jurors whose names are licreunto subscribed upon their oaths do say:

Hcre set out the sircunisfunces of the dmth, aa,for example :

(a.) That the said 0.1). was found dead on the day of in the year aforesaid at in thc county of 5

d , [or set out other place If death] an That the cause of his death was that he was thrown by E.F. agpinst the ground, whereby the said 0.1). ad a violent concussion of the brain and instantly died [or set out ofher muse ofzlm/h.]

Here sel nu! the conclusion of the jury as to the death, as, for cxninylc .'

(0.) and so do further say, that the said E.F. did feloniously kill [or feloniously, wilfully, and of malice aforethcught murder] the said (7.1).

Or, do further say that the said E.F. by misfor

tune and against his will did kill the said 0.1).

Or, do further say that in the defence of himself [and property] did kill the said GD.

In case of (here being an accessory before the fact add .

And do further say that K.L., before the said , rnurder was committed, did fclO11l0ll.Sly incite [or l procure, aid, counsel, and command, or as the case may he] the said LZF. to commit the said murder.

At and 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. l

Another l‘.I‘flInplL' is:

That the said 0.D., did on the day of

fall into a pond of water situate at
, by means whereof he died.

Hers set out the conclusion of the jury as I0 the death, usfor z‘.1‘rIm;)/0.‘

And so do further say that the said 0.D., not being of sound mind, did kill himself.

01- do further say that the said U.D. did feloniously kill himself. .

Or do further say that by the neglect of 1i‘.F. to

fence the said pond 0.1). fell therein, and that therefore E.F. did fcloniously kill the said GD.

Or do further say that the said C'.D. by misad

venture fell into the said pond and was killed. ,

[ocr errors]
[merged small][merged small][ocr errors][graphic]
[ocr errors]

[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 0.D., and shall not depart the said court without leave.

In case of rv<'agn|':ancc lo pm-s-acute and give evidence at ass|':e.\', 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 , therc to prosecute and give evidence to the jury that try E.F. [now in custody for the wilful murder of 0.1).], upon the iuquisition taken before mo, the above—named coroner, on view of the body of (J.D., and shall not depart the court without leave.

In fllif‘ of recugni:'1nce to appmrfor 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 erm'_|/ case add at ihc end :

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

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]
[ocr errors]
[graphic][ocr errors][ocr errors]

not be entitled to any fee for that admission rolment.

All may be admitted by attomey.] Every person
ed to admission may hereafter be admitted ‘
imself or by his attorney duly appointed, i
]€l' orally or in writing.

Power to ayree on compensation or appoint valusr.]
lord and tenant may at any time agree in ,
ig on the amount of compensation for l
iichisement, or may appoint in writing a
r or valuers to ascertain such compensation,
lie sum so agreed upon or ascertained shall be
ed to be the compensation for enfranchise-
lawfully ascertained.

Lord to retain hi: right in case of urheat] On i nfianchisement after the passing of this Act rd of the manor shall continue to be entitled l se of escheat for want of heirs to the same and interest in the land as he would have had ad not been enfranchised.

ind corresponding abatement; to be made from ; -d’i ¢omp¢nsatian.] In making valuations for 1 §l]SBtl0‘|J. payable to the lord upon an enfran- 1


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

(t.) Where the valuers fall 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

[ocr errors]
[ocr errors]

heats. [ 0 iutraint on the creation of new copylloldr] i s

ther rights and incidents, such value to be a gross
um cf money, and their decision shall be in such

the passing or this Act it shall not be lawful form as the Commissioners may prescribe, and s lord of an manor to make grants of land they shall in every case deliver the details_of the

Y 'sviously of copyhold tenure to any person to i V ll b I e of a

by copy of court ro , or y any enur a , sary nature, without the _preyious consent 1

Lind Commissioners, who in giving or with- i 0

aluation to the Commissioners, and if it shall
ppear to the Commissioners that the valuation is
mperfect or erroneous, they may remit it for re-
ou 'deration or correcticn- and if the valuers

si , g their consent shallhave regard to the same l neglect or refuse to amend the same, the Commis

eratioiis as are to be taken into account by , B on giving or withholding their consent to any l l ire of common lands; and whenever any l s

ioners may, after due notice to the lord and to the
enant, and after fully considering all the circum-
tances brought before them, determine the value

[ocr errors]

Y lsed shall cease to be of copyhold tenure, and 1 such a sum as they may deem just and reasonable.

we vested in the grantee thereof to hold for terest granted as in free and ccmmon socage

}ord or tenant may compel sztinguishmont of all at umdonta] Subject to the provisions of

the provisions herein before expressed any r tenant or owner of any land liable to any or to any quitrent free rent, or other ial incident whatsoever, may require and lthe extin nishment of such rights or inciand the release and enfranchisement of the

-ty-eighth section of the Copyhold Act, 1852, I t

12. In can of death, Qc., qf 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 he 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, than the appointment shall be made by the Commissioners, and the new valuer

or the time being may adopt and act upon any

. _ . f
ubjebt theretoand theme Proceedings valuation and other matters or proceedings which

tiereupon be bad as are in the Copyhold Acts »ned with reference to the enfranchisement rhcld land, or as near thereto as the nature case will admit.

ommiuionrrv to have power to continue conditions .] Notwithstanding any thing herein con

it shall be lawful for the Commissioners, if re fit, in any enfranchisement effected by to continua and give effect to any conditions lg the user of the land subject to which a may have been admittted, and imposed or .for the benefit of the public or of the other | of the manor, where, in the opinion of the ssioners, any especial hardship or injustice result if the lands were released from such ms.

no rslating to Oompemationa, Valuations, the
lg of Awards, the incidence and redemption of
barges, and the application of Oompmmtion
M1idmento_fs. 6 of2l Q 22 Vict. c. 94.] The
ction of the Copyhold Act, 1858, shall be
d as follows:-instead of the words "ad-
s or death” shall be read the words
lance or enrolment on alienation; " and
Of the final word “ heriot ” shall be read ,
1 “ enrolment." l
mendmsnt of 1. 8 of 21 <9 22 Vict. c. 94.]
eight of the Copyhold Act, 1858, shall be
it the word thirty had been substituted
for twenty, and subject to the following

shall have been completed or agreed upon by the
valuer previously acting.

13. Payment may bu mada in grou rum ] The
tenant may in any case before the compleiion of
any enfranchisement pay the compensation iii a
gross sum of money, but in case of an enfranch1se-
mcnt by award, he shall, within ten days after the
receipt of the draft of the proposed award, give
notice in W;-ping to the Commissioners of his desire
so to pay.

14. W/mi compensation to be around by rmtoharge.]
Subject to the foregoing provision, and unless the
parties otherwise agree,_such compensation shall,
‘ ' s viz.:
m(fzli)° $ii:1:ntE6cO:is;fdnChlSem6Dt is affected at the

instance of the lord; _ _ _

(5.) Where the land can, in the oi>m1911 of the
Commissioners, be sufificiently identified,
and the compensation to the lord amounts
to more than one year's improved annual
value of the land enfranchised,

[merged small][ocr errors][ocr errors][ocr errors][ocr errors]

tions —

be lord and tenant in any case may appoint
ie and the same person as valuer: l
ther party may in any case have the valua-
>n made as in cases where the land to be
franchised is rated to the poor’s rate at a
eater amount than the net annual value of l

[ocr errors]
[ocr errors]
[ocr errors]
[graphic][ocr errors][graphic]

and on any enfrauchisemeut taking place after the said first_day of January a proportionate payment shall in like mannerbe made on such ons 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 intidmos of rmtcharga] 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 8:45 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 pry, shall be entitled to recover the some from his landlord or to deduct it from the next rent payable by him.

17. Rentcllargs redeemable by tmant.] Any such renteharge 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, by payment to the person for the time being entitled to receive the rsntcharge for twenty-five 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 rentchargo 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 a-iy, of the said rentchargs.

19. Rmtoharges to rank as if under Copyhold Act.i.] 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 lo this Act.


20. Ezpenm of redomption] 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 rant or charge from manor to freehold: lands or Government stocks of adequate valu|.] Where in the course of an enfranchisement under the Copy h rid Acts it is found that a manor, or the loru‘s estate and interest ll]. 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 char eu on the land or funds specified in the

8 P . . order of the Commissioners, 8:31, sobiif bgs “£21;

nature of the case will admit, ers_s _ 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.

22. Commissioners may frame award of enfranchish msnt.] In any case conducted before the Commissioners, when the amount of compensation has been duly ascertained, the Commissioners, having made such inquiries as to them shall seem fit, may frame an award of enfranchisement on the basis of such compensation, and in such form as they shall

d a confirm the same, and such

[ocr errors]
[ocr errors]

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 thd award, sealed or stamped with the seal of the Commissioners, shall be sent by the Commissioners to the lord, who shall cause the sameto be entered on the court rolls oi the manor.

23. Power to charge land mfranebisad with compensation money, gm] It shall be lawful for the owner of any land enfranchised under the Copyhold Acts, although his estate may be onlya limited estate, to charge the land enfranchised with the compensation money paid for such enfranchisement, and also with the expenses attending such eufranchisement, or with any part thereof respectively, with interest thereon not exceeding five pounds per centum per aunum, or by way of terminab e annuity calculated on the same basis. Any and'every such charge may be by deed byway of mortgage with, under, and subj ectto the provisions of the Conveyancing and Law of Pro erty Act, 1881 [44& 45 Vict. c. 41], and shall he a first charge on the land, and shall have such priority as by the thirty-third section of the Copyhold Act, 1858 [21 8: 22 Vict. e. 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 e continued on the recur-ity oi 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 ior 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 t e same Acts or otherwise, and to take for their repayment a charge for the same in accordance with the provisions of their respective Acts oi Parliament.

[blocks in formation]

26. In cue of mfrancbisernent 6 reemant wllgrg ¢'""P¢Mation under £500 ] In easel: Z enfranchisement by agreement between the parties, or other. H1188 without reierence to the Commissioners, where h edooigpensation money does not exceed five bgll file pounds, the lord for the time being 511511

B 8 to give_such co_m_plete discharge, if he makes a declaration in writing stating the particulars of his estate or interest in the manor and showing himself to be entitled to receive such money for his own use. If he is not actually so entitled he sh'all be deemed to have received such money as a trustee ior the ersons who are so entitled. It his declaration ls false he shall be liable to t-he penalties attached to a false statute declaration. ry

[ocr errors]

eight hundred and eighty-seven, the tenant shall pay to the steward the compensation mentioned in the schedule to this Act.

28. Prior to lst January, 1888.] In every case of enfranchisement by award prior to the first day of January, one thousand eight hundred and eighty-eight, the expenses of enfranchisement and the steward's compensation shall be dealt with ai provided by the Copyhold Acts prior to this Act.

Provisions relating to Procedure and Expenses.

29. Ammdmantof 15 Q 16 Vict. 1:. 51, s. 8.] _F!0l-I1 and after the passing of this Act the words “ in the course of the valuations in any enfranchisement hp be efiected by an award under the Copyhold Acts ’ shall be substituted for the words “ upon or prior to any admittance or in the course of such valuations " in section eight of the Copyhold Act, 1852.

30. C'ommiuioner.r to publish a scale of compematiom] The Land Commissioners shall frame and cause to be printed and published such a scale of compensation for the enfranchisement of land from the manorial and other rights and incidents specified or referred to in the Copyhold Acts, including ~ heriots_ as in their judgment will be fair and just and will facilitate enfranchisement, and such scale shall contain all such directions for the guidance of lord. tenant, and valuers as the Commissioners may deem necessary. The said Commissioners shall also print and publish a scale of allowance to valuers for services to be performed in the execution of the Copyhold Acts. The Commissioners may from time to time vary any such scales, which are to be for guidance only, and not to be binding as a. matter of law in any particular case, but the party requiring eniranchisement shall state to the other party whether or no he is willing to adopt the scale.

31. In case of death proceedings not to abate] If pending any proceedings commenced after the passing of this Act for enfranohisement 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 bo made without the payment of any fine, relief, or heriot to the lord ; and the enfranchisement shall be proceaded with and the compensation shall be ascertained on the same footing as if the mfranchisement had been effected immediately after the commencement of proceedings.

32. Declaration to be made by lord or mw:/ird.] 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 the time being filling the character or acting in tho capacity of lord, and it shall be lawful for the Commissioners to accept such declaration for the purposes of the Copyhold Acts; but if the Commissioners shall ccnsidsr that such evidence does not fully and truly disclose all such particulars as arenecessary, or if no such declaration shall be made, or if the lord shall refuse or decline to give such evidence as they shall deem proper and necessary to show a satisfactory primfi faoie title in the lord, then, if they think the justice of the case requires it, they may direct that the compensation for enfranchiseinent, when a gross sum of money, shall be paid into court in tho manner prescribed by the High Court Funds Rulcs.

33. Steward as a general rule to represent the lord] Any lord may act on his own behalf, or may appoint an agent other than his steward to act for him; but unless and until he has given written notice to the tenant and the Commissioners respectively that he intends to act for himself, or that he has appointed the person specified in the notice to act for hiin, the tenant and the Commissioners respectively may treat his steward as his agent for receipt of notices, making of agreements, and all other matters relating to enfranchisement, and in all matters of procedure the steward shall be deemed to represent the lord; except that no steward shall, without special authority, have power to consent on behal of tho lord to dealings with the rights comprised in section forty-eight of the_Copyhold Act, 1802 [15 8: 16 Vict. c. 51], , as herein amended.

[merged small][ocr errors]

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

35. General provisiom as to eZpensn.] Whenever money is hereby declared to be payable by any person on account of the expenses of proceedings under the Copyhold 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 :

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:

It there is dispute as to the amount ot such expenses, the Commissioners may ascertain it, and may declare it by order which shall be binding on all parties concerned.

[ocr errors]
[ocr errors]

36. Notim.] Any notice required or authorised by the Copyhold Acts to be given _t0 any p°!80l1 may be in writing or print, or part-ly'in wntiog and partly in print, and shall be sufllciently 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. _An_y such notice shall also be suillciently given it it is sent by post in u registered letter addressed to the person to be affected thereby by name pt the aforesaid place ot abode or business, and it that letter is not returned through the Post oflicfl undelivered, service or delivery shall be deemed to be made st 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 5! delivering the same, or a true copy thereof. i° some person on the premises, or, if there is gt; person on the premises to whom the same _09-11 delivered with reasonable diligence. by flmis the notice on some conspicuous part of the preims68

[merged small][ocr errors][merged small]
[ocr errors]
[merged small][ocr errors]
[ocr errors][graphic][graphic][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]
[ocr errors]
[ocr errors]

the Copyhold acts, the lord and tenant may at any time a ter notice of enfranchisement shall have been delivered sgree_in writing that the Commissio_ners shall determine the compensation to be paid for enfranchisement. And the Commissioners shall, upon receipt of such agreement, take such proceedmgs and make such inquiries as they may deem necessary to determine such compensation, takmg into consideration all such matters as valuers appointed under the Copyhold Acts are bound to take into consideration in making a valuation ; and having determined such compensation, the Commissioners shall communicate the result in writing to the lord and tenant, and shall fix a_tim_e within which any objection to such determination may be signified to them in writmg_(l)>g the lord or tenant, and forthwith after iheperi fixed for such objections to be signified shall have expired if there be none, or if there be any then forthwith after the Commissioners shall have considered and disposed of such objections and made such alterations, if any, as they fihrll see fit, they shall make their award of enfranchisement in like manner as if the compensalion had been ascertained by valuers under the Copy hold Acts.

44. Commissioner: may correct errors in award: or 0Mn'_ i'mitrummi.i.] It shall be lawful for the Commissioners, if they see fit, on the application of any person interested, at any time to correct and WPPIY any error or omission arising from inldvertence in any award of enfranchisement, deed of enfranchisement, or charge, already made or issued, or to be made and issued by them, or any other instrument authorised by the said Acts to be made or issued by the Commissioners, after B11_ch_ notice to the parties interested as the Commissioners shall deem proper, and all expenses inQident thereto shall be paid by the parties, or either of them, if and as the Commissioners direct.

45. Trust copyhold: of inheritance not to dncmd M chafiall real.] The thirtieth section-of the Con'°l’Bncing and Law of Property Act, 1881, shall not apply to land of copyhold or customary tenure vested in the tenant on the court rolls of any

manor upon any trust or by way of mortgage. '

[ocr errors][graphic]

46. Proiirion for cue of tint lords under section 40/ 23 4' 24 Viol. a. 59.] JIn every case where, ggiiler the fourth section of the Universities and

sge Estates Act Extension, 1860, any university f’ftg°11°8¢:i,nd any person shall jointly constitute b e lord of the manor, then any rentchsrge to

e created under the Copyhold Acts on the enfranchisement of land held of such manor shall be E" f111‘ °1', B114 the power to give receipts herernbefore conferred for compensation or redemption money shall be exerciseable by, the person who at tho date of the enfranchisement shall be entitled in possession to the rofits of the manor or to the receipt of such rentcharge, and the executors and administrators of such person, but without prejudice to any question as to the further disposal of the moneys secured by such charge.

47. Provisions for case: when derivative interest: are
mm; upon the roll-9.] The following provisions
B11811 apply t_o every manor in which the fines are
certam,_andrn which it is the practice for copy-
holders in fee to grant derivative interests to per-
sons who are admitted as copyholders of the manor
in respect of such interests.

(ii-)'I'he tenant for the purposes of the Copy-
hold Acts shall be the person who is ad-
mitted or enrolled in respect of the inheri-
tance, aud who is in this section called the
tenant-in-fee :

The enfranchisement of the land to such
ten ant shall enure for the benefit of himself
and every other person having any customary
estate or interest subsisting in the same land,
without any further enfranchisement, and
all such persons shall be entitled to estates
and interests in the land enfranchised corres-
ponding with their customary estates and
interests existing at the date of the enfran-
All rentcharges payable in respect of such
enfranchisement, and all sums of money
payable by the tenant in fee for compensa-
tion or the expenses of enfranchisement,
and the interest thereon, shall, if the
parties have not otherwise agreed, be borne
and paid by the several persons for whose
benefit the enfranchisement eniires in pro-
portion to their respective interests in the
enfranchised land:

If any dispute arises respecting the due
apportionment of such charges, the Com-
missioners may, on the application of any
party interested, and after due inquiry,
make an order apportioning the same.
Such order shall be binding on all parties
concerned, and the expenses of and incident
to it shall be paid by the parties or any of
) them as the Commissioners direct :

e. -
( (1.) On the request of the lord, or of one fourth '
in number of the copfiholders for the time
being on the court ro of any such manor,
and upon such provision for expenses being
made as the Commissioners may require,
the Commissioners may makea local inquiry
for the purpose of ascertaining whether the
copyholders of such manor desire that
enfranchisement shall be effected through-
out the manor:

If the Commissioners find that not less than
two thirds in number of such copyholders
desire such enfranchisement, they shall by
order declare that all copyhold tenements
of the manor are to be enfranchised; and
thereupon they shall proceed to ascertain
the amount of compensation due to the
lord upon the enfranc isement of each tene-
ment held by a tenant-in-fee, and to effect
such enfrauchisements accordingly as be-
tween the lord and the tenants-in-fee.
The compensation in every case shall

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

the compensation, and to all such expenses attending the enfranchisement as are payable on the part of tenants, including the contribution assessed on tenants-in-fee as last aforesaid :

The Commissioners shall have power to appoi-tion such contributions between the scvcral tenants of each enfranchlsed tenement, and also between the several tenantsin-fee, and to make orders for the payment of such contributions and expenses by the persons from whom they are due. such orders shall be conclusive upon all persona hereby declared liable to oontribute: Without the consent of the tenant-in-fee the Commissioners shall make no award for the enfranchisement of any tenement, unless and until they have apportioned the contributions between such tenant-infee and the tenants holding derivative interests in the same tenement, and have made orders for payment of the same, or otherwise have satisfied themselves that the tenant-in fee has full security for the amounts which the tenants of derivative interests are to contribute.

48. Custody ofmurt r0ll.i.] \Vhen and so soon as all the lands held of or parcel of any manor shall be enfrancliised the lord or, with the consent of the lord, any other person having custody of the court rolls, court books, and records of such manor may, if he thinks fit, give up and hand. over to the Master of the Rolls all or any of such court rolls, court books, and records, and the Master of the Rolls shall have power to receive and to undertake the custody thereof, and in case the Commissioners shall have obtained the custody of any such court rolls, court books, or records under the Copyhold Act, 1852, or otherwise under tho Copyhold Acts, they shall have power to give all or any of them up to the Master of the Rolls, who shall have power to take and keep the same in manner aforesaid; and from thenceforth all persons seised of or interested in any such lands shall have access to and may inspect such court rolls, court books, and records handed over as aforesaid, and may inspect the same and obtain oflloe copies of certified extracts therefrom on the payment of such reasonable fees as shall be fixed from time to time under the authority of the Master of the Rolls.

Provided always, that the Master of the Rolls shall have power from time to time to make, and when made revoke, add $9, and "17 111195 respecting the manner in which and the time at

h fh cess to and inspection of such court

whic e ac
rolls, court books, and records handed over as
d ud ch ofiice

aforesaid, shall be had and ma e, a sir
copies and certified extracts shall be obtained, and
as to the amount and mode of payment of reason-
able fees for or in respect o_f such office copies and
certified extracts as aforesaid.

Provided further, that every such rule_sha1l be laid before both Houses of Parliament within six weeks after it is made, or after the next meeting of


49. Intarpntiition of tarmi.] In this Act and the Copyhold Acts, unless where the context shows that the words herein-after$enbt;oneddare in

' th h uu ers in a different sense, ey i_i ed that ismsthe

[ocr errors][ocr errors]
[ocr errors]
[ocr errors]

consist of a gross sum of money, unless or labour, due or payable in respect of any laud the lord and tenant-in-fee otherwise agree: homeof or panel of any manor; the word " ' erson entitled to

Upon the making of the declaration above
mentioned, all the tenants-_in-fee of the
manor shall be liable to contribute rateably V
to the expenses of the local inquiry accord-
ing to the amount of compensation payable
by them respectively. The tenant-_in-fee
and all copyholders holding derivative
interests in the same tenement shall be
liable to contribute rateably, according to
the value of their respective Interests, to.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

inhnfion appears. 1 Scale of Stcward's Compensation.

[ocr errors]

Act‘ _ l £20—three pounds. When the compensation 51. Iiepelll] The following portions of the exceeds £20, but does not exceed £25-four Copyhold Acts are hereby repealed : that is to say, pounds. When the same exceeds £25, but does The twelfth section of the Copyhold Act, 1843 ; l not exceed £50-six pounds. When the same The fourth, seventh, ninth, and twenty-fourth : exceeds £50, but does not exceed £100-—seven sections of the Oopyhold Act, 1852; lponnds. And also on every additional £50, or The seventh section of the Copyhold Act, 1858. fractional part of £50 over and above the first £100

[ocr errors]

or plan, which are to for by the tenant.

be paid "' CAP. LVIII. An Act to consolidate with amendments the Coal Mines Acts, H72 and 1886, and the Stratified Ironstone Mines (Gunpowder) Act, 13-*1. [lfiih Septeniber 1867.

GAP. LIX. . An Act for further promoting the Revision of tho_ Statute Law by repealing Enaetments which have ceased to be in force or have become unnecessary. " & i _ [l6th September 1887. ‘[1311 a printer's error these two atatut¢|1;e_re omitted to 6: nwntioned in the p10pdfpId66.]

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
« PreviousContinue »