Where it is clear that, by the provisions of the statute 3 & 4 Will. 4, c. 27, a claimant's title to copyholds is barred by lapse of time, the court will not compel the lord to admit him (s). On a bill in chancery to be admitted to a copyhold for the purpose of trying a right to it, that court will refuse to interfere where the plaintiff is barred by the Statute of Limitations, or where he does not show a primâ facie title, with a reasonable prospect of success (t). It already appears that the court refused to interfere by mandamus respecting a surrenderee of a trustee appointed by the Court of Chancery (u); and to compel the lord to admit a mortgagee of a copyholder, who had been convicted of felony (x), and to grant a licence to demise (y). It has been also stated that a mandamus will be granted on the application of a party interested to allow the inspection of court rolls (z). (s) Rex v. Aggarsdley, 5 Dowl. P. C. 19; see ante, p. 136. (t) Widdowson v. Earl of Harrington, 1 Jac. & W. 532. (u) Ante, p. 117. (x) Ante, p. 149. (y) Ante, pp. 154, 155. (z) Ante, pp. 196, 197. See Reg. v. Dendy, 1 Q. B. (N. S.) 829, which is the case of a mandamus to the lord and steward of a manor, and in which the decision turned upon a point of pleading, Reg. v. Corbett, ib. 836, post. CHAPTER VI. OF EVIDENCE RESPECTING COPYHOLDS AND MANORIAL RIGHTS. SECT. I. REFERENCE TO MATTERS THE SUBJECT OF INQUIRY II. COURT ROLLS OF MANOR, WHEN EVIdence. V. PROOF OF CUSTOMS. VI. WHEN PURCHASERS AFFECTED WITH NOTICE OF CON- rected under acts. SECT. I. REFERENCE TO MATTERS TO BE SUBJECT OF INQUIRY BEFORE COPYHOLD COMMISSIONERS, &c. Inquiries di- THE various powers conferred by the copyhold acts copyhold render the subject of this chapter very important, as will be at once apparent on referring to some of the subjects, which will require the investigation and determination of the copyhold commissioners or the assistant commissioners or valuers. If any action or suit shall be depending touching the right to or amount of any fines or other manorial payments or incidents (except mines and minerals), or any question shall arise thereon, the commissioners or assistant commissioners may inquire into, hear and determine such right or amount, or such question, and the decision of the commissioners will be final (a), unless the parties dissatisfied with the decision shall appeal in the manner prescribed to one of the courts of law at West (a) 4 & 5 Vict. c. 35, s. 39. minster by means of a feigned issue, or on a case stated (b). Under this provision a party may appeal against a decision involving either a question of fact or of law; but under the Copyhold Act, 1852, it is confined to the latter (c). The commissioners or assistant commissioners may in like manner determine disputes as to the liability of trustees, or persons not beneficially interested, to the payment of the expenses, costs and charges respecting any commutation or enfranchisement under the acts (d). The commissioners, before confirming an agreement for commutation, are to cause inquiry to be made, and to require such proof as will be satisfactory to them (e). The commissioners or assistant commissioners are to hold a meeting for hearing and determining objections by the parties interested to the valuation, or the amount of costs claimed by valuers, or to the steward's schedule in the case of general manorial commutation (ƒ). If any action or suit shall be pending touching the Arbitration. right to or amount of any fines, heriots or other manorial rights, or the situation or boundary of any manor or lands, or if any difference shall arise whereby the making an agreement for commutation or of any enfranchisement under the act shall be hindered, the same may be referred to arbitration, and decided under the powers of the act 2 & 3 Will. 4, c. 80 (g). Where the lord requires enfranchisement under the Lord's title. Copyhold Act, 1852, the tenant of the lands may require the commissioners to satisfy themselves in such way and by such evidence as they shall see fit of the (b) 4 & 5 Vict. c. 35, s. 40. (c) 15 & 16 Vict. c. 51, s. 8. (d) 4 & 5 Vict. c. 35, s. 67; 7 & 8 Vict. c. 55, s. 1. law or fact. title of such lord to the manor of which the lands are held (i). The commissioners, before confirming the award of valuers under the same act, are to make such Questions of investigation as may seem necessary to them (k). In case any objection shall be made or question shall arise upon or prior to any admittance, or in the course of valuations, under the Copyhold Act, 1852, in relation to any alleged custom, or the evidence thereof, or any matter of law or fact material to such valuation or arising on any enfranchisement, the same shall, on the request in writing and at the option of any one of the parties on either side of the matter in difference, be referred to the commissioners or assistant commissioner, who shall inquire into and ascertain the same; and the decision of such commissioners or assistant commissioner shall be final: unless one of the parties dissatisfied with the decision, involving a point of law only, shall appeal to one of the superior courts at Westminster (1). In case of any doubt or difference of opinion as to the identity of copyhold lands, the commissioners, on the application of either lord or tenant, may ascertain and define the boundaries of lands, and their definition will be conclusive on all parties for the purposes of any enfranchisement (m). Examination of witnesses tion of docu The commissioners or an assistant commissioner and produc- may summon witnesses and examine them on oath ments. upon matters relating to commutation or enfranchisement under the Copyhold Act, 1841, and require the production of deeds, court rolls and other documents, but no witness is bound to travel more than ten miles from his abode to give evidence, nor to produce any deeds, papers or writings relating to the title to any lands, unless such production shall appear to the cominissioners or assistant commissioner essentially requisite (n). It is important to bear in mind the difference between the last provision and the following. By the Copyhold Act, 1852, the commissioners, assistant commissioner and valuers may, by summons under the seal of the commissioners, call for the production, for any of the purposes of that act, of any court rolls or copies of court roll in the possession or power of any lord or tenant or of the steward of any manor, and summon and examine any lord or tenant or other person on oath, but no lord or tenant so summoned shall be bound to answer any questions as to his title (o). Previous to any enfranchisement under the Copyhold Act, 1852, the lord and steward, or, if there shall be no steward, the lord alone may make a declaration stating the nature and extent of the lord's estate in the manor, and the date and short particulars of the instruments under which he derives title, and the style of the last court and the incumbrances affecting the manor, and the commissioners may approve the title, unless they require further information, and in certain events mentioned may direct the investment of the enfranchisement consideration (p). The valuers under the same act are required to take into consideration all the circumstances affecting the (n) 5 & 6 Vict. c. 35, s. 43. (o) 15 & 16 Vict. c. 51, s. 5. In any proceeding before any person having by law or by consent of parties authority to hear, receive and examine evidence, the parties thereto and the husbands and wives of the parties thereto, and of the persons on whose behalf any proceeding may be brought or defended shall, with certain exceptions, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the proceeding. 14 & 15 Vict. c. 99, ss. 2, 3, 4; 16 & 17 Vict. c. 83, s. 1; see 6 & 7 Vict. c. 85. (p) 15 & 16 Vict. c. 51, s. 22. |