Commonable rights saved. Wills and settlements 1852, or the prior acts, was immediately before such enfranchisement subject to any subsisting lease or demise at will, or for any greater interest, the freehold into which such estate is so converted shall be the reversion immediately expectant upon such lease or demise at will, and the rents and services reserved and made payable upon such lease or demise shall be incident and annexed to such reversion; and the covenant or agreement, whether express or implied on the part of both the lessor and lessee, shall run with the land, and with the reversion respectively, and such enfranchisement shall not prejudice or affect any right of distress, entry or action accruing in respect of such lease or demise (a). The act is not to deprive any tenant of any commonable right to which he may be entitled in respect of the lands enfranchised, but such right shall continue attached thereto notwithstanding the same shall have become freehold (b). No enfranchisement under the act shall, except as not affected. therein is mentioned, affect the rights or interests of any person, in, to, or out of the lands enfranchised under any will, settlement, mortgage or otherwise, but the right of every such person shall continue to attach the lands enfranchised, in the same way, upon as nearly as may be, as if the freehold had been comprised in and had been devised, conveyed, charged, or otherwise disposed of by the will, settlement, mortgage or other instrument or disposition under which any such person shall claim (c). Rights to Unless with the express consent in writing of the &c. reserved. lord or tenant, the rights of any lord or tenant to any minerals, (a) 15 & 16 Vict. c. 51, s. 44. See 6 & 7 Vict. c. 23, ss. 8-10. (b) 15 & 16 Vict. c. 51, s. 45. (c) Ibid. s. 46. See 4 & 5 Vict. c. 35, s. 81, ante, p. 273. mines or minerals, or the working thereof, or the rights or privileges of any lord in respect of fairs, &c., and of sporting and fishing, are not affected by any enfranchisement (d). title of If any tenant, or person claiming to be tenant, shall Defective after payment by him of any enfranchisement consi- tenant. deration, be evicted from the lands enfranchised by an adverse claimant, such tenant or person may claim the repayment of such consideration against the lands enfranchised, and the amount thereof shall be a charge on such lands, and carry interest at the rate of 4l. per centum per annum, from the time of such eviction (e). In certain cases a power to purchase copyhold Lord's power lands is given to the lord of the manor in case he can satisfy the commissioners that any land proposed by any tenant to be enfranchised under the act will, by the change of tenure, prejudicially affect, in enjoyment or value, the mansion house, park, gardens or pleasure grounds of the lord (ƒ). And the lord having a limited interest may charge the purchase money on the manor (g). There are also various other provisions, as for the sale of rent-charges by lords of manors having a limited estate or interest (h), and respecting other matters, de quibus nunc perscribere longum est. to purchase. Charitable 1853. By the Charitable Trusts Act, 1853, the secretary Provision in of the Board of Charitable Commissioners constituted Trusts Act, under that act is made a corporation sole, by the name of "The Treasurer of Public Charities," in whom land holden upon trust for a charity may in certain cases be vested without any conveyance, by order of (d) 15 & 16 Vict. c. 51, s. 48. (e) Ibid. s. 47. (g) Ibid. s. 26. (h) Ibid. ss. 36-38. the Court of Chancery or other judge having jurisdiction under that act. But no vesting order shall take effect in respect of any copyhold land without the consent of the lord of the manor, and the Court of Chancery or such judge may direct such periodical or other payment, as such court or judge may think fit, to be made to the lord of the manor in compensation for fines or other profits which would have become due upon death or admittance of tenants (¿). (i) 16 & 17 Vict. c. 137, s. 48. Che Copphold Acts. THE COPYHOLD ACT, 1841. 4 & 5 VICTORIA, c. 35. An Act for the Commutation of certain Manorial [21st June, 1841.] Appointment of Commissioners. c. 35. WHEREAS it is expedient to provide the means for an 4 & 5 Vict. adequate compensation for the rents, fines, and heriots payable to the lords of manors, in respect of lands of copyhold and customary tenure, and in respect of other lands subject to such payments, or any of them, and for facilitating the voluntary enfranchisement of such lands, and for improving such tenure: Be it therefore enacted, that the tithe commissioners for England and AppointWales for the time being, shall be the commissioners ment of comfor carrying this act into execution; and that, should the same not be fully carried into effect before the duties of the said tithe commissioners shall cease, it shall be lawful in such case for one of her majesty's principal secretaries of state, to appoint any number of fit persons to be commissioners to carry this act into execution, in the place of such commissioners so ceasing to act, and at pleasure to remove any one or more of (a) In citing or referring to this act in other acts or legal instruments, it is sufficient to use the expression “The Copyhold Act, 1841,” 15 & 16 Vict. c. 51, s. 54. missioners. c. 35. 4 & 5 Vict. the commissioners so appointed, so that the number of commissioners shall never exceed three; and upon every vacancy in the office of commissioner some other fit person shall be appointed to the said office in like manner; and until such appointment it shall be lawful for the remaining commissioners or commissioner to act as if no such vacancy had occurred. Style of commissioners. To have a common seal. Style of Commissioners, &c. II. That the commissioners acting in the execution of this act shall be styled "The Copyhold Commissioners," and shall have their office in London or Westminster; and they, or any two of them, may sit from time to time, as they deem expedient, as a board of commissioners for carrying this act into execution; and the said commissioners shall cause to be made a seal of the same board, and shall cause to be sealed or stamped therewith all agreements and awards or apportionments confirmed by the said commissioners in Instruments pursuance of this act; and all such agreements, awards, apportionments, and other instruments proceeding from the said board, or copies thereof, purporting to be sealed or stamped with the seal of the said board, shall be received in evidence without any further proof thereof; and no agreement, award, or apportionment shall be of any force, unless the same shall be sealed or stamped as aforesaid. received in evidence. Commission to secretary of state. Annual Reports. III. That the said commissioners shall from time to ers to report time give to any one of her majesty's principal secretaries of state, such information respecting their proceedings, or any part thereof, as the said principal secretary of state shall require, and shall once in every year send to one of the principal secretaries of state a general report of their proceedings; and every year such general report shall be laid before both houses of parliament. parliament within six weeks after the receipt of the same by such principal secretary of state, if parliament be sitting, or if parliament be not sitting, then within six weeks after the next meeting thereof. Annual report to be laid before |