teen years, paying interest for the same at the rate of 41. per cent. by the year (2). All lands enfranchised shall be deemed to be held under the same title as that under which the same were held at the time of such enfranchisement, and shall not be subject to any estates or incumbrances affecting the manor of which the same are holden (a). Lands enfranchised are to be charged with the consideration for enfranchisement, and until the payment thereof the lord shall be deemed to stand seised of the lands as mortgagee in fee, and may adopt similar proceedings to compel payment(b); and such sums are to be the first charges on the lands, tithe rent-charge excepted (c). In order to raise the consideration for enfranchisement, any tenant may mortgage the lands enfranchised for any term of years (d). If the enfranchisement has been made in consideration of a rent-charge, the rent-charge may Payment of be afterwards apportioned (e). When the lord of the manor is seised in fee-simple of the manor, or where as trustee for sale or otherwise he has power to give effectual discharge, the monies to be paid under the act for enfranchisement shall be paid to him (f). But when such lord shall be only entitled for a limited estate or interest, or shall be under any legal disability, if the money shall amount to or exceed the sum of 2001., it shall be paid into the Bank of England, or to two trustees, to be nominated under the hands and seals of the commissioners, to be applied for the benefit of the persons who would, for the time being, have consideration money. (2) 4 & 5 Vict. c. 35, s. 62. (a) Ibid. s. 64. (c) Ibid. s. 71. (d) Ibid. s. 72. (e) 6 & 7 Vict. c. 23, ss. 4-6. been entitled to the rents and profits of the manor had no enfranchisement been made (g). When the money is less than 2001., and exceeding 201., it shall be paid into the Bank of England, or to two trustees, to be nominated by the parties exercising the option (h). When the money does not exceed 201., it may be paid to the party for the time being entitled to the manor (i). When any money for enfranchisement is paid to the lord of any manor not entitled to receive the same, the land in respect of which such principal money shall have been so paid shall continue charged with the payment thereof in favour of the person legally or equitably entitled to the same (k). franchise In the case of any enfranchisement (1) under the Effect of enCopyhold Act, 1841, after the final confirmation of ment. the apportionment, or the execution of the conveyance, (as the case may be,) the several lands therein respectively comprised and enfranchised will become in all respects of freehold tenure, but subject to the payment of the enfranchisement consideration in favour of the lords and stewards. There is a saving of the right of mortgagees, and of any commonable right to which any tenant may be entitled in respect of the lands enfranchised; and no such enfranchisement will affect or defeat the beneficial limitations of any will or settlement theretofore executed, or alter the descent or distribution of any estate or interest in land on the decease of any tenant or person entitled thereto in possession or remainder at the time of such enfranchisement or conversion (m). If at the time of a commutation or (g) 4 & 5 Vict. c. 35, s. 73, and 6 & 7 Vict. c. 23, s. 14. (h) 4 & 5 Vict. c. 35, s. 74. (i) Ibid. s. 75. (k) Ibid. s. 76. (1) See 15 & 16 Vict. c. 51, s. 34. (m) 4 & 5 Vict. c. 35, s. 81. Miscellane enfranchisement of any lands there shall be any lease subsisting thereon, the person seised of or entitled to such lands shall have the reversion on that lease, and may distrain for the rents and enforce the covenants (n). Part of the enfranchisement money may be applied for the purpose of paying off any fee farm rent or other charge (o). With reference to the construction of the terms used to commuta- in the act it will be sufficient to refer to the interpre ous points as tion and en franchise ment. Forms. Arbitration. Consent. tation clause (p). The commissioners are authorized to frame and circulate such forms as, in their judgment, will further the purposes of the act (q). Suits touching the right to or amount of any fines, heriots or other manorial rights, or touching the situation or boundary of any manor or lands, or if any differences shall arise whereby the making and executing any agreement for commutation, or any enfranchisement under the act, shall be hindered, such suits and difference may be referred to arbitration; and when arbitrators shall be appointed for the purpose of determining any boundary of any manor or lands, they may exercise the powers which may be exercised by any referee appointed under the statute 2 & 3 Will. 4, c. 80 (r). Where the lands to be commuted or enfranchised are held under any ecclesiastical or other corporation, or body politic, or patron, their consent must be obtained (8). (n) 6 & 7 Vict. c. 23, ss. 9, 10. (0) 6 & 7 Vict. c. 23, s. 12. (p) 4 & 5 Vict. c. 35, s. 102; 6 & 7 Vict. c. 23, s. 15. 4 & 5 Vict. c. 35, s. 20. See forms in the Appendix. (r) 4 & 5 Vict. c. 35, s. 21. Ibid. s. 22. hear and de putes. When any action or suit shall be depending touching Power to the right to or amount of any fines or other manorial termine dispayments or incidents (except mines or minerals), or any question shall arise thereon, the same may be heard and determined by the commissioners (t). But persons dissatisfied with their decision may appeal to the courts of law, at Westminster, by a feigned issue, or a special case, and the verdict or decision shall then be final (u). examine wit The commissioners may examine witnesses on oath, Power to and call for papers and documents upon any matter nesses. brought before them relating to any commutation or enfranchisement (x), and may order the expenses of witnesses and of the production of documents to be paid by the parties interested in the production thereof respectively (y). The expenses of valuations, including the expense Expenses. of making copies of apportionments, schedules and all other documents required under the provisions of the act, and all other expenses necessary in making any commutation or enfranchisement, except when otherwise provided, shall be paid by the tenants, or by the tenants and the lords, in such proportions as the commissioners shall direct; and such expenses may be recovered by distress (2), or by action (a). Every tenant, being a trustee, may also recover, by distress or action, all expenses which he may pay (b). Tenants having limited interests may also charge the (t) 4 & 5 Vict. c. 35, s. 39. (b) Ibid. s. 67. Compensation to stewards. lands with any costs and expenses to which they may be put (c), and lords having limited interests may do the like (d). All sums payable under the act for compensation to the steward shall be paid to him, his executors or administrators (e). Stamp duty. No agreement, award, schedule of apportionment, or power of attorney, made or confirmed under the act, is chargeable with stamp duty (ƒ). Crown lands. Crown manors, and manors held under the Duchies of Lancaster and Cornwall, are in a great degree excepted from the operation of the act (g). When and how enfranchisement may be compelled. SECT. 4. OF COMPULSORY ENFRANCHISEMENT. The tenant or lord may require and compel enfranchisement of copyhold lands on any admittance to any copyhold on or after 1st July, 1853, in consequence of any surrender, bargain and sale or assurance thereof, (including a mortgagee in possession, but excluding one not in possession,) or in consequence of any descent, gift or devise. But no tenant is entitled to require enfranchisement until after payment or tender of the fine and fees consequent upon such admittance. If from any cause such enfranchisement shall not take place until a second or subsequent admittance shall be required, the lord or tenant may compel enfranchisement upon or after a second or subsequent ad (c) 4 & 5 Vict. c. 35, s. 68. (d) Ibid. s. 69. (g) Ibid. ss. 97-99. See List of Crown Manors, post. |