Cornell University Library KD 838.M3A23 1911 Copyhold and other land tenures of Engia 3 1924 017 645 932 (Cornell Intocratta Slihtarg Stljaca, New fatfe BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND THE GIFT OF HENRY W. SAGE 1891 I Cornell University J Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017645932 COPYHOLD AND OTHER LAND TENURES ENGLAND. COPYHOLD AND OTHER LAND TENURES OF ENGLAND. BENAIAH W. ADKIN, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW (Author of a handbook on the "Law of Landlord and Tenant"). SECOND EDITION REVISED. London : THE ESTATES GAZETTE, Ltd., 34 AND 35, KiRBv Street, Hatton Garden, E.G. SWEET & MAXWELL, Ltd., 3, Chancery Lane, W.C. 1911. LONDON : PRINTED AT THE OFFICE OF THE ESTATES GAZETTE, LTD., 35-35, KIRBY STREET, HATTON GARDEN, B.C. PREFACE. This book is written with a twofold object — First, to give a simple statement of the law relating to Copyholds and their Enfranchisement ; secondly, to give a short outline of the nature and history of English Land Tenure, so that Copyhold Tenure may be more easily understood. The book also contains an Introduction dealing with property and its ownership, and the interests that may be held in property. The portion of the work which refers to Copyhold Tenure has been dealt with in greater detail than the rest. By the courtesy of the Board of Agriculture and Fisheries the forms relating to Copyhold Enfranchisement have been incorporated; the Copyhold Act, 1894, is set out, and the Author has made reference to the most recent cases upon the subject. Every Englishman should have a knowledge of Land Tenure, and this book has been written so that it may bs easily understood by all. To those interested in the owner- ship or management of land it will be especially useful, whilst to candidates for the examinations of the Surveyors' Institution and the Auctioneers' Institute it will give all they need on the law of Copyholds and their Enfranchise- ment when supplemented by a proper course of pre- paration. To those students of the Bar who are ignorant of law, it will form a useful introduction to the law of Real Property and Conveyancing, but must not -be relied upon nor regarded as more than an introduction. It should be a VI PREFACE followed by a most careful study, first, of " Williams on Real Property," then Strahan's " Law of Property," and then the usual course of lectures and study of case and statute law. On Copyholds, Elton's " Law of Copyholds and Customary Tenure " may be recommended as easy reading. The above-named books have been constantly used by the Author for some years past. He has found them of use in the preparation of this little work, and desires to fully acknowledge his indebtedness to the authors. 82, Victoria Street, Westminster, S.W. September, 1907. PREFACE TO SECOND EDITION. A CONSIDERABLE number of additions and alterations have been incorporated in the new edition of this work. The book has been sub-divided into two parts, Copyhold and Customary Tenures being separated from Land Tenures generally, the results of several recent cases have been added, and the chapters dealing with Enfranchisement are practically new. The Copyhold Act, 1894, ^s now given in •extenso in the Appendix. •■82, Victoria Street, Westminster, S.W. June, 797/. CONTENTS. Table of Cases Cited ... ... ... ... ... x Table of Abbreviations ... ... ... ... x\n Index to Statutes Cited ... ... ... ... xxi Index of Forms under the Copyhold Act, 1894 ... xxv Introduction ... ... ... ... ... ... xxvi CHAPTER I, The History of Land Tenure ... ... ... ... 1 CHAPTER 11. Estates in Fee Simple ... ... ... ... ... 23 CHAPTER III. Dealings with Estates in Fee Simple ... ... ... 28 CHAPTER IV. Former methods of Conveyance ... ... ... ... 37 CHAPTER V. Estates in Fee Tail ... ... ... ... ... 44 CHAPTER VI. Tenancies for Life... ... ... ... ... ... 51 CHAPTER VII. Chattel Interests in Land ... ... ... ... ... 64 PART II. CHAPTER VIII. Copyhold and Customary Tenures : the Manor and its Lord ... 73 CHAPTER IX. Manorial Tenures ... ... ... ... ... ... goi CONTENTS. CHAPTER X. PAGE Copyholds proper ... ... ... ... ... ... 96 CHAPTER XI. Incidents of Copyholds ... ... ... ... .-• 115 CHAPTER XII. Incidents of Copyholds (continued) ... ... ••. 137 CHAPTER XIII. Rights of Common and similar rights ... ... ... 152 CHAPTER XIV. The Enfrancliisement of Copyholds... ... ... ... 182 CHAPTER XV, The Copyhold Act, 1894 ... ... ... ... .-• 194 CHAPTER XVI. Voluntary Enfranchisement under the Copyhold Act, 1894 ... 204 CHAPTER XVII. Compulsory Enfranchisement under the Copyhold Act, 1894 ... 211 CHAPTER XVIII. Enfranchisement of Copyholds on special Manors and under various Acts ... ... ... •■• ••• 237 CHAPTER XIX. Enfranchisements of Copyholds on special Manors ... ... 240 CHAPTER XX. Enfranchisements under various Statutes ... ... ... 250 Appendix... ... 261 Copyhold Act, 1894 ... ... ... •■• ■•• 261 Forms ... .•■ •■■ ••• ••• ... 3-1 Index ... ... ••• ■•■ ■■• •■• ■•• ^"^^ TABLE OF CASES CITED. . 60 M. 897; Abergavenny (Lord) v. Thomas, 3 Anst. 668k. Abington v. Lipscombe, 10 L.J. Q.B. 330 Allen V. Abraham, 2 Buls. 32 Allgood V. Gibson, 34 L.T. N.S. 883 ; 25 W.R Anglesey (Marquis of) v. Hatherton (Lord), 10 12L.J. Ex. 57 Anon. Gary 3 Anon, Gary 81 Arlett f . Ellis, 7 B. and C. 346 ; 9 D. and Ry 671; 5L.]. K.B. 391 ... Att.-Gen. v. Barker, 41 L.J. Ex. 57 ... Att.-Gen. v. Chambers, 23 L.J. Ch. 662; 4 De G 206; 18 Jur. 779 Att.-Gen. v. Emerson, App. Gas. 649 ; (1891) 61 L.J. Q.B. 79 ; 65 L.T. N.S. 564 Att.-Gen. v. Ewelme Hospital, 17 Beav. 366 ; 22 L.J. Gh. 846 ... Att.-Gen. v. Hotham (Lord), Turn, and R. 209 Att.-Gen. v. Lewin, 1 Goop. 51 ; 8 Sim. 366; 6 L.J. Gh. 204 ; 1 Jur. 234 Att.-Gen. v. Sandover, (1904) 73 L.J. K.B. 478 Att.-Gen. t;. Tomline, 46 L.J. Ch. 654; 15 Gh. D. 150 (G.A.) ; 5 Ch. D. 750; 36 L.T. N.S. 684; 25 W.R. 802 ... 148 and W. 218 9 B. and C. 173, M. and G. PAGE 128 134 117 170 85 144 86 180 241 78 78 88 84 102 121 181 526 ; 3 B. and G. 616 3 Dr. Badger v. Ford, 3 B. and Aid. 153 . Baker v. Rogers, Select Ga. Ch. 74 . Bartlett v. Downes, 5 D. and Rv 1 G. and P. 522 ; 3 L.J. K.B. 90 Basingstoke (Mayor of) v. Bolton (Lord), 1 Dr. 2 22 L.J. Ch. 305 ; 17 Jur. 57 Beaufort (Duke of) v. Swansea (Mayor, etc., of), 3 Exch 413 4L.T. N.S. 453 Bence r. Gilpin, L.R. 3 Ex. 76 655 ; 16 W.R. 705 Blackmore v. White, (1899) 68 L.J. Q.B. 180 Blaker v. Wells, 28 L.T. N.S. 21 50; 131, 37 L.J. Ex. 36; 17 L.T. N.S 85 170 75 135 7S 123 137, 139 ... 76 CASES CITED. PAGE 87 , 150 147 35 L J. 218 85 81 142 55 188 Blevvett v. Jenkins, 12 C.B. N.S. 16 ... Bourne x). Taylor, 10 East 189 Brabant t>. Wilson, 6 B. and S. 979; L.R. 1 Q.B. 44; Q.B. 49; 12 Jur. N.S. 24 Breeze v. Hawker, 14 Sim. 350 Brown u. Gale, 2 C.B. 861 .. Caldwell u. Bayliss, 2 Mer. 408 Cartwright Avis v. Newman, 41 In re, Ch.D. 532 Challoner t;. Marshall, 4 East 283 ... Christchurch (Dean and Chapter of) v. Buckingham (Duke of), 17 C.B. N.S. 391; 33 L.J. C.P. 322; 10 Jur. N.S. 749; 10 L.T. N.S. 575 ; 12 W.K. 986... ... ... ... 95 Clarke v. Arden, 16 C.B. 227 ; 3 Com. Law Rep. 781 ; 24 L.J. C.P. 162; 1 Jur. N.S. 710 ... ... ... ... 110 Cooper V. Norfolk Rail. Co., 3 Ex. 546 ; 6 Rail. C. 94 ; 18 Ex. 176; 13 Jur. 195 Coote V. Ford, (1900) 83 L.T. 482 ... Copestake v. Hoper, (1908) 77 L.J. Ch. 610 ... Corbet (Sir Miles) Case, Tudor's Leading Cases 678 Cox t;. Higford, 2 Vern. 664 ... Curzon II. Lomaz, 5 Esp. 60 Davidson v. Moscrop, 2 East 56 ... ... ... ... 82 Davies V. Williams, 16 Q.B. 546; 20 L.J. Q.B. 360; 15 Jur. 752 ... ... ■•• ... ... ... 174 Deardon t). Evans, 5 M. and W. 11 ... ... ... ... 149 Delacherois v. Delacherois, 11 H.L. Cas. 62; 13 W.R. 24, 10 L.T. N.S. 884 ; 4 N.K. 501 ... ... ... ... 78 Dendy V. Simpson, 18 C.P. 831 ... ... ... ... 79 Doe d. Beck v. Heakin, 6 A. and E. 495 ; 2 N. and P. 660 ... 76 Doe d. Bover v. Trueman, 1 B. and Ad. 736 ; 9 L.J. K.B. 119 ... 141 Doe d. Clayton v. Williams, 11 M. and W. 803; 12 L.J. Ex. 429 ... ... ... ••. ■•• ••• 88 Doe d. Crow v. Baldwere, 5 T.R. 104 ... ... ... 112 Doe d. Ibbot I). Cowling, 6 T.R. 63 ... ... ... ... Ill Doe d. Johnson D. Ireland, 11 East 283 ... ... ... 192 Doe d. Leach v. Whitaker, 3 B. and Ad. 409 ... ... ... 81 Doe d. Nepean v. Budden, 1 D. and Ry. 243 ; 5 B. and Aid. 626 142 Doe d. Newman t). Newman, 2 Wils. K.B. 215 ... 93 Doe d. Nunn v. Lufkin, 4 East 221 ; 1 Smith 90 ... ... 110 Doe d Rayer v. Strickland, 2 Q.B. 792; 2 G. and D. 278; 11 L.J. Q.B. 305 136 • J. 251, 254 170, 171 131 160 143 76 XU CASES CITED. 110 140 1 Q.B. 417: 110 I M. and W. 117, 140 135 6 L.T. N.S. 118, , 120 19 L.J. Q.B. 170 Doe d. Robinson v. Bousfield, 6 Q.B. 492 ; 1 C. and K. 558 ; 14 LJ. Q.B. 42 ; 8 Jur. 1121 Doe d. Tarrant v. Hellier, 3 T.R. 162 Doe d. Tresidder v. Tresidder, 1 G. and D. 70 ; 10 L.J. Q.B. 190 ; 5 Jur. 931 Doe d. Twining v. Muscott, 11 L.J. Ex. 185; 1 832 ... Doe d. Whitlock f. Johnson, Gow. 173 Douglas V. Dysart (Earl of), 10 C.B. N.S. 688; 327 ... Dunraven (Earl of) v. Llewellyn, 15 Q.B. 791 ; 388 ; 10 Jur. 1089 Eardlv v. Granville, 3 Ch. D. 826; 45 L.J. Ch. 669; 24 W.R. 528; 34 L.T. N.S. 609 ... ... ... ... 146 Ecclesiastical Commissioners for England v. London and S.W. Rail. Co., 2 W.R. 560; 14 C.B. 743; 2 Com. Law Rep. 1797 ; 23 L.J. C. P. 177; 18 Jur. 911 ... ... ... 251 Ecclesiastical Commissioners v. Parr (1894) ; 63 L.J. Q.B. 781- 141 Elston x;. Wood, 2 Myl. and K. 678 ... ... ... ... 8i Ely (Dean and Chap, of) v. Caldecott, 8 Bing. 439 ; 1 Moo. and Sc. 633 ; 1 L.J. C.P. 131 ... ... ... ... 124 Ely (Dean and Chap, of) u. Warren, 2 Atk. 189 ... ... 169 Evanst;. Upsher, 16 M. and W. 675; 16 L.J. Ex. 185... ... 76 Everest v. Glyn, 2 Marsh. 84; 6 Taunt. 425 ; Holt 1 ... ... 76 Fawcett u. Lowther, 2 Ves. 300 ... ... ... ... 87 Firebrass d. Symes v. Pennant, 2 Wils. 254 ... ... ... 95 Fisher x;. Wigg, 1 P. Wms. 14 ... ... ... ... 125 Fitch V. Stuckley (or Hockley), 4 Rep. 23a ; Cro. Eliz. 442 111, 124 Flack V. Downing College, Carab. (Masler of), 13 C.B. 945 ; 22 L.J. C.P. 229 ... ... ... ... ... 102 Foljambe t). Smith's Tadcaster Brewery, (1904) 73 L.J. Ch. 722 79 Eraser v. Mason, 52 L.J. Q B. 643 (C.A.) ; 11 Q.B.D. 574 (C.A.)- 48 L.T. N.S. 269; 31 W.R. 550 ... ... ... 126 Galbraith v. Poynton, (1905) 74 L.J. Q.B. 649 Garland t". Jekyll, 2 Bing. 273; 9 Moore 502; 2 L.J. C.P. Gibbons v. Snape, 1 De G. J. and S. 621 ; 32 Beav. 130 L.J. Ch. 103; 9 Jur. N.S. 1096; 9 L.T. NS 132 W.R. 1087 ... Grant t;. Astle, 2 Doug. 722... Grant v. Gunner, 1 Taunt. 435 Green v. Paterson, 32 Ch. D. 95; 56 L.J. Ch. 181 ■ 54 L T N.S. 738; 34 W.R. 724 ... ... .,.' ...' ni 138, 139 227 133 ; 33 ; 11 112 118, 126 180 CASES CITED. XHl 45 L.J. Ch. 297; 36 L.T. N.S. Hall t;. Byron, 4 Ch. D. 667 367 ; 25 W.R. 317 Hanmer v. Chance, 4 De G. J. and S. 626 ; 34 L.J. Ch. 413 ; 11 Jur. N.S. 397 ; 13 W.R. 556 ; 12 L.T. N.S. 163 86, 87, 149, Hardy v. Reeves, 4 Ves. Jun. 466 Hayward i>. Raw, 30 L.J. Ex. 178; 5 H. and N. 308; 4 L.T N.S. 519 Hellawell v. Eastwood, 6 E.\. 295 Hext V. Gill, 41 L.J. Ch. 761 ; L.R. 7 Ch. 699 ; 27 L.T. N.S 291 ; 20 W.R. 957 Hilton V. Granville (Earl), D. and Mer. 614; 5 Q.B. 701; in Chanc. Cr. and Ph. 283 ; 4 Beav. 130; 10 L.J. Ch. 398 87 Hobart v. Hammond, 4 Rep. 27b Holloway v. Berkeley, 5 L.J. K.B. 1 ; 6 B. and C. 2 ; 9 D. and R. 83 Holroyd v. Breare, 2 B. and Aid. 473 Honywood v. Forster, 30 Beav. 1 ; 30 L.J. Ch. 930; 7 Jur. N.S 1264; 9 W.R. 855 ; 4 L.T. N.S. 785 Howard v. Gwynn, (1901) 84 L.T. 505 Howe V. Howe, 1 Vern. 415 Howitt f. Harrington (Earl of), (1893) 2 Ch. 497 PAGE 172 170 143 117 81 150 150 120 133 81 112 124 113 135 Jackson v. Neal,.Cro. Eliz. 395 ; 4 Rep. 26b ... ... 108, 144 Jenkins v. Dunraven (Earl), (1898) 62 J. P. 661 ... ... 79 Jennings, In re. (1903) 72 L.J. Ch. 454 ... ... ... 83 Johnstone x>. Spencer (Earl), 30 Ch. D. 581; 53 L.T. N.S. 502; 34 W.R. 10 ... ... ... ... ... ... 121 Jones V. Robin, 10 Q.B. 520; 17 L.J. Q.B. 122; 12 Jur. 308 170 Kensington (Lord) v. Mansell, 13 Ves. Jun. 240 ... ... 124 King V. Dillington (or Dilliston), 1 Freem. 494; 3 Mod. 221; 1 Salk. 385 ; Carth. 41 ; Comb. 118 ... ... 120,140 Kingswell u. Millsed, 11 Ex. 315 ... ... ... ... 181 Kirby v. Sadgrove, 1 B. and P. 13 ; 5 T.R. 483 ; 3 Anst. 892 ... 171 Lascelles i>. Onslow (Lord), 2 Q.B.D. 433 ; 46 L.J. Q.B. 333 ; 36 L.T. N.S. 459; 25 W.R. 455 ... ... ... ... 180 Lane t;. Capsey, (1891) 3 Ch. 411 ... ... ... ... 174 Leekex;. Pigot (Lord), 1 Selw. N.P. 87 ... ... ... 118 Lechford's Case, 8 Rep 99a ... ... ... ... 140 l-eigh V. Taylor, (1902) A.C. 157 ... ... ... ... 57 Lewis V. Branthwaite, 2 B. and Ad. 437 ; 9 L.J. K.B. 263 ... 147 Lidiard and Jackson's and Broadley's Contract, In re, 58 L.J. Ch. 785; 42 Ch.D. 254; 51 L.T. N.S. 322; 37 W.R. 793 ... 193 XIV CASES CITED. Londesborough (Lord) v. Foster, 3 B. and S. 805; 9 Jur. N.S. 1173; 32 L.J. Q.B, 225; 8 L.T, N.S. 240 ; 11 W.R. 593 ... 119 London United Tramways Act, /« fe, (1906) L.J. Ch. 223 ... 252 Lowther v. Caledonian Railway Co., (1893) 61 L.J. Ch. 108 ... 252 Lowther v. Raw, 2 Bro. P.C. 451 ... ... ... ... 127 Mardiner f. Elliott, 2 T.R. 746 ... ... ... ... 151 Minet i). Morgan, L.R. 11 Eq. 284 ... ... ... ... 84 Moncktonf. Payne, (1899) 68 L.J. Q.B. 951 ... ... ... 120 Morgan v. Scudamore, 2 Rep. in Ch. 134 ... ... ... 118 Naylor and Spendla's Contract, In re, 56 L.J. Ch. 453; 34 Ch.D. 217; 56 L.T. N.S. 132; 35 W.R. 219 ... ... ... 119 Nicholsons. Nicholson, 1 Tam. 319... ... ... ... Ill North Western Railway f. Sharp, 10 Ex. 451... ... ... 83 Odiham V. Smith, Cro: Eliz. 589 ... ... ... ... 134 Oliver x;. Taylor, 1 Atk. 474... ... ... ... ... 101 Owen tJ. De Beauvoir, 16 M. and W. 547 ... ... ... 135 Owent;. Wynn, 9 Ch.D. 29 ... ... ... ... 84 Padwick v. Tyndale, 1 E. and E. 184 ; 28 L.J. Q.B. 90; 33 L.T. N.S. 125 ; 5 Jur. N.S. 476; 7 W.R. 53 ... ... ... 133 Parker V. Ratchffe, 1 Bos. and P. 282 ... ... ... 131 Parker v. Turner, 1 Vern. 393 ... ... ... ... 18S Peachy v. Somerset (Duke of), 1 Stra. 447 ; 2 Eq. Cas. Abr. 222 ; 6 Vin. Abr. 117; Prec. Ch. 568 ... ... ... 142 Petty t). Evans, 2 Brownl. 40 ... ... ... ... 109 Phillips V. Ball, 6 C.B. N.S. 811; 29 L.J. C.P. 7; 6 Jur. N.S. 48 ... ... ... ... ... ... 11+ Pike 1?. White, 3 Bro. C.C. 285 ... ... ... ... Ill Portland (Duke of) v. Hill, 35 L.J. Ch. 439; L.R. 2 Eq. 765; 12 Jur. N.S. 286; 15 W.R. 38 ... ... ... 86,91 Ramsey i;. Cruddas, (1893) 1 Q.B. 229 ... ... ... 180 Rawes-y. Rawes, 7 Sim. 624; 5 L.J. Ch. 114... ... ... 83 Reg. V. Bishop's Stoke Manor (Lord of), 8 Dowl. 608; 4 Jur. 630 ... ... ... ... ... ... ... 102 Reg. V. Eton College, 8 Q.B. 526 ... ... ... ... 125 Reg. V. Hale, 9 A. and E. 359 ; 1 P. and D. 293 ; 8 L.J. Q.B. S3 110 Reg. V. Land Commissioners, (1889) 28 Q.B.D. 59- 58 LJ Q.B. 313; 37 W.R. 538 ... ... ... ... 323 Reg. V. Powell, 4 P. and D. 719 ; 1 Q.B. 352 ; 5 Jur. 605 ... 241 Reg. V. Woodham Walter Manor, 10 B. and S. 439 ... ... 124 CASES CITED. XV PAGE Revell t'. Joddrell, 2 T.R, 415 ... ... ... ... 88 Rex V. Bonsall Manor (Lord of), 4 D. and Ry. -825 ; 3 B. and C. 173 124 Rex u. Hornchurch, 2 B, and Aid. 189 ... ... ... 93 Rex I). Joliffe, 3 D. and Ry. 240 ; 2 B. and C. 54 ... ... 82 Rexu. Mildmay (Lady), 2 N. and M. 778; 5 B. and Ad. 254 ... 144 Rex V. Rigge, 2 B. and Aid. 550 ... ... ... 76, 102 Rex V. Wilson, 10 B. and C. 80 ; 5 Man. and R. 140 ; 8 LJ, K.B. 101 ... ... ... ... ... ... Ill Reynolds v. Woodham Walter Manor (Lord of), 41 L.J. C.P. 281; L.R. 7C.P. 639; 27 L.T. N.S. 374 ... ... 218 Richards v. De Winton, (1901) 70 L.J. Ch. 719 ... ... 256 Richardson v. Kensit, 12 LJ. C.P. 154; 5 M. and Gr, 485; 6 Scott. N.R. 419 ... ... ... ... 124, 126 Robertson v. Hartopp, 43 Ch.D. 484 ; 59 L.J. Ch. 553 ; 62 L.T. N.S 585 ... ... ... ... ... ... 170 Rumsey !>. Walton, 4 T.R. 446 ... ... ... ... 81 Rundle t;. Rundle, 2 Vern. 264 ... ... ... ... 114 Sadgrove v. Kirby, 1 B. and P. 13 ; 6 T.R. 483 ; 3 Anst. 892 ... 173 Salisbury (Marquis of) v. Gladstone, 9 H.L, Cas. 692; 34 L.J. C.P. 222 ; 8 Jur. N.S. 625 ; 4 L.T. N .8. 849 ; 9 W.R. 930 ; afarming 6 H. and N. 123 ... ... 86,87,151,170 Salisbury (Marquis of) v. L. and N.W. Railway Co., (1892) 1 Ch. 75k ... ... ... ... ... ... ... 228 Salmon f. Edwards, (1910) 79 L.J. Ch. 296 ... ... ... 256 Searle v. Cooke, 59 L.J. Ch. 259; 43 Ch.D. 519 ; 62 L.T. N.S. 211 ... ... ... ... ... ... ... 143 Shaw i;. Taylor, Hdb. 176 ... ... ... ... ... 134 Sheppard v. Woodford, 9 L.J. Ex. 90 ; 5 M. and W. 60S ... 123 Sitwell V. Worrell. 79 L.T. 86 ... ... ... ... 151 Snook i;. Mattock, 5 A. and E. 239 ... ... ... ... 102 Soane t;. Ireland, 10 East 259 ... ... ... ... 76 Somerville and Turner's Contract, In re, (1903) 72 L.J. Ch. 727 98 Steel V. Prickett, 2 Stark. 463 ... ... ... ... 76 Traherne v. Gardner, 5 E. and B. 913 ; 25 L.J. Q.B, 201 ; 2 Jur. N.S. 394 ... ... ... ... ... 76, 119 Trinity College, Cambridge v. Browne, 1 Vern. 441 ... ... 132 Turner v. West Bromwich Union (Guardians of), 3 L.T. N.S. 662; 9 W.R. 155 ... ... ... ... ... 193 Tyrringham's Case, 4 Rep. 36b ... ... ... ... 162 XVI CASES CITED. PAGE Verulam (Earl) v. Howard, 9 L J. O.S. C.P. 69 ; 3 Moo. and P. 148 ; 7 Bing. 327 ... ... ... ... ... 126 Walton-cum-Trimley Manor, Re, Ex parte Tomline, 28 L.T. N.S. 12; 21 W.R. 475 ... ... ... ... 78 Western t). Bailey, (1897) 66 L.J. Q.B. 48 ... ... ... 133 "Wharton v. King, 3 Anst. 659 ... ... ... 117,128 Whitmore iJ. Humphries, L.R. 7 C.P. 1 ... ... ... 181 Wilkes X). Broadbent, 1 Wils. 63; 2 Stra. 1224 ... ... 86 Willcock -y, Windsor, 3 B. and Ad. 43 ... ... ... 82 Wilson X). Allen, 1 J. and W. 611 ... ... ... ... 188 Wilson V. Hoare, 2 B. and Ad. 350 ; 10 A. and E. 236 ; 2 P. and D. 659; 9 L.J. O.S. K.B. 253 ... ... ... ... 123 Wilson i;. Willes, 7 East 121 ; 3 Smith 167 ... ... ... 170 Wilson's Estate, In re, 32 L.J. Ch. 191; 2 J. and H. 619; 7 L.T. N.S. 191; 11 W.R. 294... ... ... ... 251 Windham v. Giubilei, 40 L.J. Ch. 505 ; 24 L.T. N.S. 653 ... 75 Withers I). Withers, Amb. 151 ... ... ... ... 113 Worledge v. Benbury, Cro. Jac. 436; 2 Buls. 216; 1 Roll. R. 12 ... ... ... ... ... ... 108 Wynne u. Cookes, 1 Bro. C.C. 515 ... ... ... ... 188 Yaxley f. Rainer, 1 Ld. Raym, 44 ... ... ... ... 128 Zouche (Lord) v. Dalbiac, L.R. 10 Ex. 172; 44 L.J. Ex. 109; 33 L.T. N.S. 221; 23 W.R. 564 ... ... ... 129 TABLE OB^ ABBREVIATIONS. The following abbreviations mainly refer to law reports, the reporters' names, and the dates. Longer or shorter- abbreviations, with similar meanings, are often used : — A.C. A. and E. Amb. Anon. Anst. App. Cas. Atk. B. and Aid. B. and Ad. B. and C. B. and P. B. and S. Beav. Bing, Bing. N.C. Bro. C.C. Bro. P.C, Bulst. C.B. C.B. N.S. C.P. C.P.D. C. P. Coop. C. and P. Cary Carth. Ch. Ch. D. Cha. Cas. Cha. Rep. Comb. Appeal Cases, after 1890 ; see L.R. Adolphus and Ellis, Q.B. 1841-1852 Ambler, Chancery 1737-1783 Anonymous Anstruther, Ex. 1792-1797 Appeal Cases, House of Lords and Privy Council ; see L.R. Atkyn, Chancery 1736-1754 Barnewall and Alderson, K.B. 1817-1822 Barnewall and Adolphus, K.B. 1830-1834 Barnewall and Cresswell, K.B. 1822-1830' Bosanquet and Puller, C.P. 1797-1804 Best and Smith, Q.B. 1861-1869 Beaven, Rolls Court 1838-1866 Bingham, C.P. 1822-1833 Bingham, New Cases, C.P. 1834-1840 Brown, Chancery Cases 1778-1794 Brown's Parliamentary Cases, H.L. 1702-1800' Bulstrode, K.B. 1609-1639 The Common Bench or Court of Common Pleas Common Bench, New Series 1856-1865' Common Pleas Common Pleas Division C. P. Cooper, Chancery 1837-1838- Carrington and Payne, Nisi Prius 1823-1841 Cary, Chancery 1471-1603 Carthew, K.B. 1688-1700' Chancery Chancery Division Cases in Chancery 1660-1688 Reports in Chancery 1615-1712, Comberbach, K.B. 1585-1698 XVIU ABBREVIATIONS. Com. Law Rep. Common Law Reports ; all Courts Coop. See C. P. Coop. Cro. Eliz. -J Croke's Reports during Reigns of Cro, Jac. > Elizabeth, James I. and Charles Cro. Car. ' I., K.B. D. and R. Dowling and Ryland, K.B. D. and Mer. Davison and Merivale, Q.B. De G. J. and S. De Gex, Jones and Smith, Chancery De G. M. and G. De Gex, Macnaughton and Gordon, Chancery De G. and S. De Gex and Smale, Chancery Dougl. Douglas, K.B. Dowl. Dowling's Practice Reports, Common Law Dr. Drewry, V.-C. Kindersley E. and B. E. and E. East Eq. Ca. Abr, Esp. Ex. Freem. G. and D Gow H.L. H.L.C. H. and N, Hob. Holt .JP- J. and H. J. andW. Jur. Jur. N.S. Ellis and Blackburn, Q.B. Ellis and Ellis, Q.B. East, K.B. Equity Cases Abridged Espinasse, Nisi Prius (a) The Court of Exchequer (b) The Exchequer Reports Freeman, Chancery Gale and Davison, Q.B. Gow, Nisi Prius The House of Lords House of Lords Cases Hurlstone and Norman, Ex Hobart, K.B. Holt, K.B. and Q.B. Justice of the Peace ; all Courts Johnson and Hemming, V.-C. Wood Jacob and Walker, Chancery Jurist Reports Jurist Reports, New Series 1853-1855 1581-1641 1822-1827 1843-1844 1862-1865 1851-1857 1846-1852 1778-1785 1841-1843 1852-1S59 1852-1857 1858-1862 1800-1812 1667-1744 1793-1807 1847-1856 1660-1706 1841-1843 1818-1820 1847-1866 1856-1861 1613-1625 1688-1710 from 1837 1859-1862 1819-1821 1837-1854 1855-1866 K.B. The Court of King's Bench ABBREVIATIONS. XIX L.J. L.Q.R. L.R. L.T. L.T. N.S. Lord Raym. M. and R. M. and W. Man. and Gr. Marsh. Mer. Mod. Moo. Moo. and P. Moo. and S. My. and K. N. and P. N. and M. P.C. P.W. Per. and Dav. QB. Q.B.D. Rail. C. Rep. Roll. Salk. Scott Sim. Law Journal Reports Law Quarterly Reports The Law Reports — with prefix L.R. : e.g., L.R. Q.B. ; LR. Ch.; L.R. C.P. ; L.R. Eq. ; L.R. Ex. 1865-1875 without prefix: e.g., Q.B.D. . App. Cas., Ch. D. ; C.P.D. ; Ex. D. 1875-1890 with prefix of year ■ e.g. (1891) Q.B. ; (1891) A.C. ; (1891) Ch. after 1890 Law Times Reports 1845-1859 Law Times Reports, New Series from 1859 Lord Raymond, K.B. 1694-1732 Manning and Ryland, K.B. 1827-1830 Meeson and Welsby, Ex. 1836-1847 Manning and Granger, C.P. 1840-1845 Marshall, C.P. 1813-1816 Merivale, Chancery 1815-1817 Modern Reports, K.B., C.P., and Chancery 1669-1744 Sir Fr. Moore, K.B. 1485-1621 Moore and Payne, C.P. 1827-1831 Moore and Scott, C.P. 1831-1834 Mylne and Keen, Chancery 1833-1835 Neville and Perry, K.B. 1836-1838 Neville and Manning, K.B. 1832-1836 Privy Council. Peere Williams, Chancery 1695-1735 Perry and Davison, Q.B. 1838-1841 The Court of Queen's Bench. Queen's Bench Division. Railway and Canal Cases ; all Courts 1835-1854 The Reports of Lord Coke, K.B. 1579-1616 Sir H. Rolle, K.B. 1614-1625 Salkeld, K.B. 1689-1711 Scott, C.P. 1834-1840 Simons, Chancery 1826-1849 ABBREVIATIONS. Smith Smith, K.B. 1803-1806 Stark. Starkie, Nisi Prius 1815-1823 Str. Strange, K.B. 1716-1747 T. and R. Turner and Russell, Chancery 1822-1824 T.R. Term Reports by Durnford and East, K.B. 1785-1800 Tam. Tamlyn, Chancery 1829-1830 Tau. Taunton, C.P. 1807-1819 T.L.R. Times Law Reports from 1884 Vern. Vernon, Chancery 1680-1716 Ves. Vesey, Chancery 1747-1755 Ves. jun. Vesey, junior. Chancery 1789-1816 Vin. Abr. Viner's Abridgment of Law and Equity, 2nd edition. W.N. The Weekly Notes of the Council of Law Reporting. W.R. The Weekly Reporter from 1852 Wils. Wilson, K.B. and C.P. 1742-1769 INDEX TO STATUTES CITED. PAGE Hen. II. (Assize of Novel Disseisin) ... ... ... ... 20 20 Hen. III. c. 4 (Statute of Merton, 1235) ... ... 175, 179 6 Edw. I. c. 5 (Statute of Gloucester, 1278) ... ... ... 55 13 Edw. I. c. 1 (Statute de Bonis Conditionalibus, 1285) ... 45 c. 18 (Statute of Westminster II.) ... ... 67, 71 c. 46 (Statute of Westminster II.) ... ... 175, 179 18 Edw. I. c. 1 (Statute of Quia Emptores, 1290) 10, 18, 129, 163, 190 5 Rich. II. Stat. 1, c. 7 (Forcible entry) ... ... ... 20 27 Hen. VIII. c. 10 (Statute of Uses, 1536) ... ... ... 40 ,, c. 16 (Statute of Enrolments, 1536) ... ... 40 12 Car. II. c. 24 (Abolition of Military Tenures, 1662) ... 18, 24 29 Chas. II. c. 3 (Statute of Frauds, 1679) ... ... 29, 32, 41 41 Geo. III. c. 109 (Sir John Sinclair's General Inclosure Act, 1801) ... ... .. ... 175 42 Geo. III. c. 116 (The Land Tax Redemption Act, 1802) ... 257 19 Geo. III. c. 45 (Duchy of Lancaster Lands) ... ... 245 27 Geo. III. c. 34 (Duchy of Lancaster Lands) ... ... 245 10 Geo. IV. c. 50 (The Crown lands General Management Act, 1829) ... ... ... ... 241 2 and 3 Will. IV. c. 71 (The Prescription Act, 1832) ... 86, 149, 156 3 and 4 Will. IV. c. 27 (Real Property Limitation Act, 1833) 55, 140, 141, 193 c. 42 (Civil Procedure Act, 1833) ... ... 120 c. 74 (Fines and Recoveries Act, 1833) 45,48,112 c. 105 (Dower Act, 1833) ... ... ... 99 4 and 5 Will. IV. c. 83 (Tithe Commutation Act, 1836) ... 184 6 and 7 Will. IV. c, 115 (Common Fields Enclosure Act, 1836) 176 7 Will. IV. and 1 Vict. c. 26 (The Wills Act, 1837) 35, 51, 111, 124 1 and 2 Vict. c. 110 (The Judgments Act, 1838) ... 36, 67, 71 b XXll STATUTES CITED. 4 and 5 Vict. c. 35 (The Copyhold Act, 1841) PAGE 42, 109, 182, 184, 194, 229, 298, 320 6 and 7 Vict. c. 23 (The Copyhold Act, 1843) ... 183, 194, 320 7 and 8 Vict. c. 55 (The Copyhold Act, 1844) ... 183, 194, 320 c. 65 (Duchy of Cornwall Lands) ... ... 246 c. 105 (Duchy of Cornwall Lands) ... ... 246 8 and 9 Vict. c. 18 (The Lands Clauses Act, 1845) ... 172, 250 ,, c. 106 (The Real Property Act, 1845) ... ... 42 ,, u. 118 (The General Inclosure Act, 1845) 176, 178, 184 14 and 15 Vict. c. 25 (Landlord and Tenant Act, 1851) ... 56 c. 104 (Episcopal and Capitular Estates Act, 1851) ... 247, 248, 305, 314 = Ecclesiastical Estates Act, 1851 15 and 16 Vict. c. 51 (The Copyhold .Act, 1852) ... 183, 194, 320 ,, ,, c. 76 (Common Law Procedure Act, 1852) ... 14 c. 79 (Inclosure Act, 1852) ... ... ... 256 16 and 17 Vict. c. 57 (The Copyhold Act, 1853) ... ... 183 ,, c. 137 (Charitable Trusts Act, 1853) ... ... 306 17 and 18 Vict. c. 116 (Ecclesiastical Estates Act Amendment Act, 1854) ... ... 247, 248 18 and 19 Vict. c. 124 (Charitable Trusts Amendment Act, 1855) ... ... ... ... 306 21 and 22 Vict. c. 44 (Universities and College Estates Act, 1858) ... ... ... 248, 307, 320 ,, c. 94 (The Copyhold Act, 1858) ... 183,194 23 and 24 Vict. c. 59 (The Universities and College Estates Act Extension Act, 1860) ... 194,248,320 25 and 26 Vict. c. 53 (Land Registry .Act, 1862) ... ... 316 29 and 30 Vict. c. 122 (Metropolitan Commons Act, 1866) ... 178 31 and 32 Vict. c. 89 (Inclosure, etc.. Expenses Act, 1868) ... 259 33 and 34 Vict. u. 23 (The Forfeiture Act, 1870) ... ... 145 36 and 37 Vict. c. 66 (Supreme Court' of Judicature Act, 1873) XXX, xxxi, xxxii 37 and 38 Vict. c. 57 (Real Property Limitation Act, 1874) ... 47 c. 83 (Supreme Court of Judicature Act, 1874) XXX, xxxi, xxxii 38 and 39 Vict. c. 77 (Supreme Court of Judicature Act, 1875) XXX, xxxi, xxxii .. c. 8^ (Land Transfer Act, 1875) ... 43, 316 39 and 40 Vict. c. 56 (The Commons Act, 1876) ... ... 179 STATUTES CITED. XXIU PAGE 40 and 41 Vict. c. 18 (The Settled Estates Act, 1877) ... ... 258 44 and 45 Vict. c. 41 (Conveyancing and Law of Property Act, 1881) ... 42, 66, 88, 105, 106, 279, 281 45 and 46 Vict. c. 38 (Settled Land Act, 1882) 49, 58, 109, 184, 188, 248, 258, 259 ,, ,, 1.;. 39 (Conveyancing and Law of Property Act, 1882) ... ... ... ... 66 c. 75 (Married Woman's Property Act, 1882) xxxiv, xxxvi 52 (Bankruptcy Act, 1883) ... 49, 71 18 (Settled Land Act, 1884) ... ... 58 30 (Settled Land Act, 1887) ... ... 58 c. 73 (Copyhold Act, 1887) ... 94, 180, 183, 194, 320 30 (The Board of Agriculture Act, 1889) ... 184 36 (Settled Land Act, 1889) ... ... 58 , 69 (Settled Land Act, 1890) ... ... 58 57 (Law of Commons Amendment Act, 1893) 179 46 (The Copyhold Act, 1894) Seep, xxiv L. 65 (Land Transfer Act, 1897) xxvii, 36, 43, 64, 68, 98 8 Edw. VII. c. 36 (Small Holdings and Allotments Act, 1908 ... 179 3 Edw. VII. c. 31 (Board of Agriculture and Fisheries Act, 1903) 185 46 and 47 Vict. c. 47 and 48 Vict. c. -50 and 51 Vict. c, .52 and 53 Vict. c. S3 and 54 Vict. c 56 and 57 Vict. c. .57 and 58 Vict. c. 60 and 61 Vict. u. XXIV STATUTES CITED. 57 AND 58 VICT. c. 46 (THE COPYHOLD ACT, 1894). Part I. — Compulsory Enfranchisement — ss. 1-4. Right to Enfranchise ss. 5-9. Compensation for Enfranchisement s. 10. Award of Enfranchisement ... ss. 11-13. Restrictions on Enfranchisement Part II. — Voluntary Enfranchisement — ss. 14-20 Part III. — Effect of Enfranchisement — ss. 21-24 PAGE ... 261 ... 263 ... 268 ... 268 271-274 ... 274 Part IV. — Provisions as to Consideration Money, Expenses, Rent-charges — ss. 25-26. Consideration Money ... ... ... 277 Rent-charges ... ... ... ... 278 Application of Money ... ... ... 282 Expenses ... ... ... ... ... 284 Charge for Consideration Money and Expenses 285 Administrative Provisions — ■ Notice of Right to Enfranchise ... ... 28^ Parties to Proceedings under Act ... ... 289 Questions arising in Proceedings under Act ... 293 Notices, Instruments and Forms ... ... 296 Legal Proceedings ... ... ... ... 300 —Application of Act to Special Manors — 68-80 ss. 27-31. ss. 32-33. ss. 34-35. ss. 36-41. Part V. — Admi s. 42. ss. 43-51. ss. 52-56. ss. 57-66. s. 67 Part VI ss. Part VII. — General Law of Copyholds — s. 81. New Copyholds re-enacted ... ss. 82-88. 89. Conveyances of Copyholds ... Receipt for Consideration at Common Law Part VIII. — Authority for E.xecution of Act — ss. 90-93 Part IX. — Definitions, Savings and Repeal — s. 94. Interpretation General Savings ... Savings as to Compulsory Enfranchisement Saving as to Land Registry ... Application of Act to Crown Extent of Act Repeal Short Title Forms Scale of Steward's Compensation Enactments Repealed s. 95. s. 96. s. 97. a. 98. s. 99. s. 100. s. 101. Sch. I. Sch. II. Sch. III. ... 300 94, 309 104, 310 ... 313 ... 313 314 315 316 316 315 317 317 317 318 319 320. INDEX OF FORMS UNDER THE COPYHOLD ACT, 1894. (APPENDIX.) FORMS IN COMPULSORY ENFRANCHISEMENT. PAGE JBg Minute of the Board of Agriculture and Fisheries... ... 321 Bg Scale of Compensation ... ... ... ... 333 J3 3 Scale of Allowances to Valuers... ... ... ... 337 g 4 Fees to be taken by Board of Agriculture ... ... 339 ID 5 Notice from Lord or Tenant of desire to Enfranchise Copyholds ... ... ... ... ... 341 '3 ^ Notice from Lord or Tenant of desire to extinguish Manorial Incidents ... ... ... ... 342 i5g Information to be furnished to Board upon every En- _^ franchisement ... ... ... ... ... 343 -^B Agreement tliat Board shall determine Compensation ... 348 -Dg Joint Appointment of Valuer ... ... .-.. ... 349 ij^ Appointment of Valuer by Lord or Tenant ... ... 350 Jjg Notice of Appointment and Calling on other to appoint Valuer ... ... .., ... ... ... 351 -Dg Appointment of Umpire by Valuers ... ... ... 352 JJb Consent of Lord to include Reserved Rights ... ... 353 Bg Decision of Valuer or Valuers ... ... ... ... 354 Bg Decision of Umpire ... ... ... ... ... 355 B^o Declaration as to Lord's Title ... ... ... ... 358 "g23 Receipt for Compensation Money ... ... ... 360 "025 Award of Enfrancliisement ... ... ... ... 361 ■D26 Award of ' Enfranchisement when Compensation a Rent- charge ... ... ... ... ... ... 363 B"2j Award of Enfranchisement of Customary Freeholds, &c. ... 365 FORMS IN VOLUNTARY ENFRANCHISEMENT. PAGE ]528 Deed of Enfranchisement of Copyholds ... ... ... 367 T329 Deed of Enfranchisement of Freeholds or Customary ^ Freeholds 369 Bj3 Notice to Person entitled in Reversion, &c, ... ... 371 INTRODUCTION. To THOSE entirely ignorant of the Law relating to Land Tenure it may be well to explain the nature of property and how it can be owned. CORPOREAL AND INCORPOREAL PROPERTY. Property can be divided into two classes — Corporeal, or that which has a body, i.e., something which can be touched and seen, and Incorporeal, or that which is intangible and invisible. Corporeal property includes both land and goods. In- corporeal property comprises such things as tithes and other rent charges ; rights over land, such as easements and rights of common; future interests in property, stocks and shares, debts and other rights to money or money's worth. In those cases where property descended direct to the heir under the old law it is called a hereditament. REAL AND PERSONAL PROPERTY. Another method of classifying property is by dividing it into real and personal. Real estate may be defined as the permanent ownership of indestructible property, such as freehold or copyhold land in possession, tithe rent charge and such like. Personal property may be defined as the limited ownership of indestructible property — for instance, leaseholds, or the permanent ownership of destructible property, such as goods and chattels. INTRODUCTION. The terms arose because of the form of action which could be brought in order to recover the property. Real property was recovered by an action to recover the thing itself; whereas, if personal property were wrongfully de- tained or destroyed, the action was against the person who wrongfully dealt with it in order to recover the damages suffered. Prior to the Land Transfer Act, 1897, "^^al property devolved upon the heir on the death of the owner and personal property upon the executors of his will (if any), or in case of intestacy upon his administrators. Since that Act all property, both real and personal, passes to the personal representative of the deceased for the payment of his debts and the estate duty. OWNERSHIP. Property belongs to its owner, and as a rule the enjoy- ment by the owner is exclusive. The ownership of land differs considerably from the ownership of goods in its incidents, and, although we are concerned with land alone, the following points are worthy of notice : — The ownership of land is never absolute, except by the Crown, as it is always held of a superior lord. The owner- ship of goods is always absolute at common law. There is always an owner of land ; but as to goods an owner can abandon them, so that they belong to no one until they are taken possession of. Goods can also be consumed or destroyed, and can be mo\-ed anywhere within the country or out of it, but land cannot be destroyed and is immovable. XXVlll INTRODUCTION. The ownership of land is frequently divided up into several successive interests, but this is not found with goods. With land also the ownership is often limited in character, whereas with goods limited ownership, though not unknown {e.g., hire, pawn, etc.), is very unusual. OWNERSHIP OF LAND. The ownership of land, whether absolute or partial, may be in one of several forms, which have been described by Mr. Strahan as follows : — 1. Normal ; i.e., when it is beneficial, exclusive, immediate and unconditional. 2. In trust ; i.e., when held for another or others and it is not beneficial. 3. Concurrent ; i.e., when held with another or others and is not exclusive. 4. Future ; i.e., when held after another or others and it is not immediate. 5. Conditional; i.e., when held subject to a proviso in favour of another or others. These modes of holding interests in land will not be more fully treated of, with the exception of concurrent ownership, which is so frequently met with in the Law of Copyholds and their Enfranchisement that it should be well understood. LEGAL AND EQUITABLE INTERESTS. Without touching upon the intricacies of equity, it will be easy to understand from a few examples how legal and equitable interests may be found in the same property. INTRODUCTION. Only one person (or body of persons) can own the legal estate in land, and the evidence of his ownership is almost invariably the title deeds of the property ; but many other persons may have rights to the property in some form or another, and these are equitable interests. For instance, when an owner dies he frequently leaves his property to trustees, directing them to hold the property during the life of his wife, and on her death to sell it or divide it among his children. In this case the legal estate in the property is vested in the trustees, but the wife and children have equitable interests therein. Again, if a property be left to A for life, and after his death to B, A has the legal estate and B an equitable estate during the life of A. B will succeed to the legal estate on A's death if he survive him. In the case of a mortgage, where the mortgagor owns the legal estate, he, when he borrows money thereon, usually resigns his legal estate to the lender or mortgagee, but retains the right to pay off the loan and get his deeds back. Such right is an equitable interest and is called his equity of redemption. In this last case the equity is often a valuable asset, and the owner of it could raise money on it by way of a second mortgage. He only has an equitable interest, so he can only grant an equitable interest to another. There would then be an equitable interest remaining in the borrower, for he could pay off both loans, another equitable interest in the second inortgagee and the legal estate vested in the first mortgagee. Another example of an equitable interest is found in the case of a sale. The sale commences with a contract XXX IXTROUUCTION. between the vendor and the purchaser, and, as a rule, a deposit is paid and a considerable time elapses before the purchase is completed and the title deeds are handed over by the vendor to the purchaser. When the sale is completed and the deeds handed over, the legal estate passes; but as soon as a valid contract is entered into, the purchaser acquires an equitable interest in the property and can compel the vendor to carry out the contract. The equitable interest in this case is sufficient to vest the beneficial owner- ship in the purchaser, for the property is at his risk from the time of the contract, and any improvement or depreciation of the property is to his benefit or detriment and not to that of the vendor, although the vendor retains the legal estate up to the tine of completion. THE SUPREME COURT OF JUDICATURE. At one time equitable interests were dealt with by the Court of Equity, but the Courts of Law and the Courts of Equity were fused by the Judicature Acts, 1873-1875, and converted into the Supreme Court of Judicature. This Court consists of two parts — the High Court of Justice and His Majesty's Court of Appeal. The judgments of the Court of Appeal can be appealed against to the House of Lords. The High Court is now divided into three sections: — 1. The Chancery Division, which deals with those matters which were formerly dealt with by the Court of Chancery. 2. The King's Bench Di-\'ision, dealing with common law. 3. The Probate, Divorce and Admiralty Division. IXTRODUCTIOX. XXXI The Judicature Acts further provided that in all the courts law and equity should be administered concurrently, and that all equitable estates, titles, rights, duties and liabilities should be recognised ; and if there should be any conflict between the rules of law and equity, that equity should prevail. COMMON LAW AND STATUTE LAW. The Common Law of the land has its origin in the ancient custom and usages of the country. These became law as soon as they were so pronounced by the courts. From the earliest days to the present time the Common Law has been continually expanded and elucidated. Statute Law is law made by Act of Parliament. A Statute may create entirely new law, or it may declare the Common Law, or repeal previous Statutes, or consolidate several Acts into one. Common Law and Statute Law together make up the laws of the realm. The courts dispense and explain the law, interpreting the meaning of Statutes and enforcing them. EQUITY. Equity may be regarded as a matter of justice and right. In those cases where a subject suffers from injustice or hardship, Equity will often give him a remedy or afford him relief when no remedy or relief would be obtain- able at law. Equity dates from very early times, when it became a practice for any suitor who could obtain no remedy at law to present a Bill or Petition to his Sovereign, who con- sidered it in Council. XXXll INTRODUCTIOX. From the reign of Edward I. onwards, petitions upon matters to be granted by the Royal Grace were made to the Chancellor. Thus arose the Court of Chancery, which appears to have been well established by the reign of Richard II., and lasted until the Judicature Acts came into operation and the Chancery Division of the High Court took its place. Some of the more important general maxims of Equity are as follows : — (i.) Equity will not suffer a right to be without a remedy. (2.) Equity follows the law. (3.) Where the equities are equal the law prevails. (4.) Equity regards the spirit and not the letter. (5.) Who is earliest in time is strongest in right. (6.) Equity looks upon that as done which ought to be done. (7.) Equity imputes an intention to fulfil an obligation. (8.) He who seeks equity must do equity. (9.) He who comes to equity must come with clean hands. (10.) Equality is equity. (11.) Equity acts in personam (i.e., originally it never directed the sheriff to carry out its decrees, but directed the defendant to do so himself). (12.) Delay defeats equity. MATTERS DEALT WITH BY THE CHANCERY DIVISION. Without enumerating a technically accurate list of the matters dealt with by the Chancery Division of the High Court, it will be well to give some idea of them. IXTRODUCTIOX. Briefly, all matters as to trusts and trustees, the adminis- tration of the estates of deceased persons, partnerships, mortgages, rectification or setting aside of deeds and written instruments, the specific performance of contracts, the parti- tion or sale of real estate, the wardship of infants and the care of their estates, are dealt with in Chancery. Several Acts of Parliament direct that certain matters shall be in the hands of the Chancery Division, and this division is applied to if relief is desired against penalty or forfeiture, or if an injunction is required to restrain a person from doing what he ought not, or to compel him to undo something he has wrongfully done. It may also be noted that equity will never give a remedy where the remedy at law is sufficient ; that equity acts against the person compelling him to carry out its decrees ; and that the Court of Chancery will only grant a remedy if it sees fit to do so. If a suitor is dissatisfied with its decisions, he can appeal against them to the Court of Appeal, in the same way as he could from any other division. COXCURRENT OWNERSHIP. Most of the property in England is held by individuals and corporations who are considered as individuals, i.e., the land is held in severalty; but some property is owned concurrently by two or more persons in some form of undivided tenancy. There are four kinds of such tenancies, viz. : — ■ 1. Joint tenancies. 2. Tenancies in common. 3. Tenancies in coparcenary. 4. Tenancies by entireties. XXXIV IXTRODUCTIOX. Of these the last-named — i.e., tenancies by entireties — is practically a dead letter. It used to occur where property was owned by a man and his wife under circumstances which would have made them joint tenants had they not been married ; but as the old rule was that on marriage the husband took the wife's property, this tenancy by entireties arose. Since the Married Woman's Property Act, 1882, however, by which a married woman can own property in her own right, the husband and wife would now be ordinary joint tenants just as if they had not been married. The other classes of undivided estates still remain. JOINT TENANCY. A joint tenancy is one which is distinguished from the others by fourfold unity and the benefit of survivorship. It can arise only by act of party, as either by a deed or a will ; but in the case of a will it must expressly state that a joint tenancy is intended, excepting in the case of trustees, who are always joint tenants. A joint tenancy never arises by operation of law ; e.g., it cannot arise by inheritance. The fourfold unity mentioned above consists of — 1. Unity of title ; «'.«., that the tenancy must arise out of the same instrument or act. 2. Unity of interest; i.e., that each owner holds an equal share and has equal rights with all the other owners. 3. Unity of time; i.e., that the various owner's interests must all arise at one and the same time. INTRODUCTION. XXXV 4. Unity of possession ; i.e., every owner has the same right to the possession of the property as all the other owners, and no one of them is en- titled to an exclusive possession of any part of the property. If any of these unities are wanting in the first place, the estate will not be a joint tenancy ; and if they all exist and any one of them is broken, the estate no longer re- mains a joint tenancy. E.g., if a joint tenancy is severed by the partition of the property amongst the various parties who have a right thereto, so that in the future they shall hold in severalty, the unity of possession is broken and the land is held in severalty ; the unit}' of title is also broken, as there are several instruments or acts causing the conveyance of the several parts. Again, if a joint tenancy is severed by the alienation of part of it, as, for instance, in the case of one of five joint tenants selling his share, the unity of title and the unity of time would both be broken, and as a result the purchaser of the share would become a tenant in common with the remaining owners, while they as between themselves would be joint tenants as before. A joint tenancy is also severed by merger in those cases where one of the joint tenants obtains a greater interest in the land than the others have ; e.g., in the event of there being four joint tenants for life, and one of them obtaining the fee simple of the land, he would thereby have a greater interest than any of the others, and the unity of interest would be broken. The marriage of a woman used to cause the destruc- tion of a joint tenancy, because whether she settled her share upon herself by trustees, or whether the estate XXXVl ' INTRODUCTION. became vested in her husband, the unity of title would be broken; but since the Married Woman's Property Act, 1882, if there is no fresh conveyance, that would not be so. The benefit of survivorship means that where the pro- perty is devised to several joint tenants and one of them dies, the remaining joint tenants have the benefit of his share, because they survived him ; and they still hold in the fourfold unity as before, until the last of them will become possessed of the entire interest. This benefit of survivorship always appears to ha^'e been considered a somewhat unfair thing, and equity always leant against joint tenancies, and if possible in- terpreted them as tenancies in common ; e.g., partnerships, where the various partners are regarded as tenants in com- mon. The creation of an undivided ownership by will or mortgage is always interpreted as a tenancy in common, unless it is expressly stated that a joint tenancy was intended. Even a covenant agreeing to settle each joint tenant's share has been held sufficient to destroy a joint tenancy. In dealing with the property in which the joint tenancy exists, the joint tenants are bound to do nothing that will deprive any of the others of the possession of part or the whole of the property, nor must any of them commit waste. They, or any one of them, are entitled to manage or work the estate in a proper manner even if it causes technical waste, and in such a case it is only necessary to render a proper account, so that the tenants shall benefit equally. TENANCY IN COMMON. A tenancy in common is one where each tenant has a right to the land, several though undivided, and claims IXTRODUCTIOX. XXXVll by a separate title or in a separate right. The only unity between the various tenants of the property is unity of possession, as the title need not necessarily arise under the same instrument or act, and the interests may be created at various times and are always several. There is therefore no right of survivorship in a tenancy in common, but on the death of the owner of any of the shares his share descends in the same way as if it were held in severalty. The interest, which each tenant in common holds, need not be equal with that of the other tenants, and each has the right to dispose of his share without in any way affect- ing the tenancy in common ; in fact, the only method of severance, whereby the tenancy in common is destroyed, is by a partition of the property amongst the various owners, so that they thenceforward hold in severalty. This class of ownership, like a joint tenancy, never arises by inheritance but always by act of party; still, as has been before shown, it frequently arises by the de- struction of a joint tenancy or by the interpretation of the courts. The various tenants in common, in their dealings with the property as between themselves, are in practically the same position as joint tenants. COPARCENARY. Coparceners are of an intermediate nature between joint tenants and tenants in common, as they hold by one title, but have no benefit of survivorship. Coparcenary is at once distinguished from joint tenancy and tenancy in common by the fact that it always arises by inheritance and never by act of party. INTKODUCTIOX. By the common law rules of intestate succession, if there is no male heir, all females of the same degree inherit equally as coparceners. E.g., if a man dies intestate, leaving no son but three daughters, these three daughters will take the whole of the property. In the event, however, of one of the daughters dying before the father, and having previously married and leaving say two daughters, these two daughters will inherit their mother's share, each having a sixth of the property, whereas their two aunts would be entitled to one- third each. Coparcenary will also be found where the custom of gavelkind prevails, under which, on the death of an owner intestate, all his sons inherit equally as coparceners. Of the four unities which are found in joint tenancies only two, viz., unity of possession and unity of title (at any rate, as to the original title), are found in coparcenary. There is no unity of interest, for as shown above the shares may be unequal, and there is no unity of time, be- cause in the event of the death of one of the coparceners, his or her share, if there is issue, would descend like property held in severalty. Coparcenary is destroyed either by partition or alienation, I.e., the coparceners may agree to a partition and the pro- perty being held in severalty ; while, if one of the coparceners sells her share, the purchaser becomes a tenant in common with the remaining coparceners. In dealing with the property as between themselves the rights and liabilities of coparceners are similar to those of joint tenants. INTRODl'CTIOX. A COMPARISON OF THE VARIOUS KINDS OF UNDIVIDED TENANCY. A tabulated statement showing the differences between the three classes of concurrent owners may be useful ; — Joint Tenancy. Tenancy in common. Coparcenary. How they arise Act of party, i.e., Act of partv , Inheritance by gift, grant severance of a only. or agreement. joint tenancy, or coparcenary, interpretation by law. Unities Unity of title. ■ Unity of posses- sion. Unity of title. Unity of interest. — Unity of pos- session. Unity of time. Unity of posses- sion. Survivorship ... Benefit of. None. None. Descent Survivors. Heirs. Heirs. Alienation Destroys it. Does not alter it. Destroys it. COPYHOLD AND OTHER LAND TENURES OF ENGLAND. CHAPTER I. CORRIGENDA. Pages 153, 155, 157.— Headings delete "part." 159-181 (odd).— Headings delete "part.' Pd^e 257, line S,for "surveyor" read "committee; J j^^^ ..111- ivuiiiciii-jjiiLisn civiliza- tion then existing, exterminating the inhabitants or making them slaves. The greater part of the country was occupied by the incomers, but the Britons held their own in Cornwall, Wales and the mountainous districts of the country. Kemble, writing of the period, aptly describes the gradual settlement of the country by the invaders in the following words : — " On the natural clearings of the forest, or in spots prepared by man for his own uses ; in valleys bounded by gentle acclivities which poured down fertilizing streams ; or on plains which COPYHOLD • AND OTHER LAND TENURES OF ENGLAND. CHAPTER I. THE HISTORY OF LAND TENURE. THE ANGLO-SAXON PERIOD. In order to grasp the system of English land-holding it is decidedly helpful to go back to the days of the Anglo-Saxons and to examine the state of society then existing. The Angles, Saxons, Jutes and other Germanic races, who over-ran the greater part of Britain, appear to have entirely destroyed the Roman-British civiliza- tion then existing, exterminating the inhabitants or making them slaves. The greater part of the country was occupied by the incomers, but the Britons held their own in Cornwall, Wales and the mountainous districts of the country. Kemble, writing of the period, aptly describes the gradual settlement of the country by the invaders in the following words : — " On the natural clearings of the forest, or in spots prepared by man for his own uses ; in valleys bounded by gentle acclivities which poured down fertilizing streams ; or on plains which LAXD TEXURES. here and there rose clothed with verdure above sur- rounding marshes ; slowly, and step by step, the war- like colonists adopted the habits .and developed the character of peaceful agriculturists. The towns, which have been spared in the first rush of war, became deserted and slowly crumbled to the soil, beneath which their ruins are yet found from time to time ; or upon which shapeless masses still remain to mark the sites of a civilization whose basis was not deep enough. All over England there soon existed a network of communities, the principle of whose being was separation as regards each other, and the most intimate union as respected the individual members of each. Agricultural not commercial, dispersed not centralized, content within their own limits, little given to wandering, they relinquished to a great degree the habits and feelings which had incited them as military adventurers, and the spirit, which had achieved the conquest of an Empire, was now satisfied with the care of maintaining a little peaceful plot sufficient for the cultivation of a few simple households." This description is of the greatest help in under- standing the system of land-holding that grew up in England, and it is particularly worthy of note that these settlements belonged absolutely to the com- munity that occupied them, and were not held under a superior lord — in other words, they were allodial property. Out of these settlements arose the mark or township, an area or territory occupied by a village community, a number of which went to make up a hundred — while several hundreds made a shire. THE HISTORY OF LAXD TEXURE. The English mark appears to have consisted of four parts — 1. The township, where the houses were held in se\'eralty. 2. The arable land, in which the land was divided into several plots for the growth of crops, but was subject to common use when fallow or after the crop had been reaped and before the next seeding. 3. The meadow land, which was common to all after the hay harvest. 4. The waste lands, over which the members of the community had various rights of pas- turage and of taking wood, peat, etc. The inhabitants of the country were divided into three classes — the iiohlc, the freemen and the slaves or thralls. The noble class are spoken of by some writers as eorls, others calling them thanes or tliegns. They were of noble blood, and were large owners of land. •Chief among them was the King, «-hose authority depended more upon his personal qualities than his station. The freemen, commonly known as cheorls or eeorls were of a class altogether apart. They were of base blood, and appear to have been chiefly employed in husbandry, holding land from a thegn and paying him rent for it, but holding it as a rule merely at his will. In some cases, however, the cheorls appear to have obtained greater rights to their land, so that their holding could not be determined at 4 LAND TEXrRES. their lord's will. This latter class appear to have been called socmen or sokcnicn, a term fully explained later. Their power was apparently considerable, for we find that any clieorl who could earn or win as his own five Iiides ^ of land, a church, a kitchen, a bell-house and a burghate-seat could become a thegn, and might even be elected to sit on the great council of the country or li'iteiia-gciiiot. The slm'cs, villeins or tin-alls were for the most part of Welsh or ancient British origin ; usually prisoners of war or men sentenced to sei"vitude. They were of two classes — the household slaves and the predial or rustic slaves. They were the absolute propert)^ of their master, and had no right to hold property. The Government of the time — both local and political — appears to have been thoroughly well organised. The officer of the township was the loii'ii-recvc. He assembled all the grown men of the township at the ton'ii-iiioot, > where they settled anv question that arose concerning the township. If the town was defended by a mound it was a btirgli, borough or hiirv, and its head officer was called the borough-reeve. If it was a place of trade it might be a port and its officer a port-reeve. The hundred was presided over by the hnndred-nian or hundred-elder, and the business of the hundred was dealt with in the hundred-moot. The head of the shire was the carldoruiau or alderman, who was appointed by the King and wise men of the entire kingdom. The men of the shire met in the sliire- ^ A hide is variously spoken of as 60, 80 and 100 acres of land. THE HISTORY OF LAXD TEXURE. vioot and settled all quarrels arising in the shire. The bishop was also present, and the King was represented by the shirc-rccvc or sherijf. A group of shires made up the kingdom, which was governed by the King and his iviteiia-gciiiot or council of wise men. The witena-gemot was made up of the King and the members of his family, the earldormen, archbishop, and bishops and the King's thegns. The King's thegns were the King's servants, and it would appear that the bishops and earldormen also had thegns. The witena-gemot elected the King, almost invari- ably from the ro5'al family, and they decided questions of peace and war and settled disputes among great men — thev were the Parliament of their time. It seems also that in many cases they made grants of the land, which was held by a community, to certain persons to hold in severalt}', and this was done by means of a title deed or book. THE XORMAX COXQUEST. It will doubtless be remembered that after the Battle of Hastings William cleverly managed to cut off London from the rest of the country by marching up the Thames to Wallingford, and then, after crossing the Thames, taking up a position at Berkhampstead close to Watling Street, where he was able to prevent a junction of the English forces. There the witena- gemot attended at William's camp and elected him King of England. The Xorman Conquest differed greatly from the Saxon invasion. There was no extermination of the people, no ruthless destruction of property. William LAND TENTRES. merely succeeded to a kingdom which was fully .organized, and took over the existing institutions as they weve. In fact, he went so far as to declare his intention to preserve the English laws and not to supersede them by Norman practices. The changes effected, however, were naturally great, for William forfeited the lands of all who opposed him ■and compelled the surrender of the lands of those who submitted to him, re-granting the land to such of its original owners as swore allegiance to him, on the understanding that they should hold the land as his tenants. Moreover, there were many rebellions and insurrections, which threw more of the land into the King's hands. It would appear that the King took care, in the first place, to look after himself, and that his dciiicsiics were very extensive. In the second place, he no doubt had to satisfy the claims of many adventurers whose power was almost equal to his own, and for this purpose he divided up the country into baronies, conferring the lands upon the barons he so created, but reserving to himself certain stated services and paj'ments. These great barons, who held immediately of the King, shared out a large part of their land to other foreigners, who were denominated kiiiglits or vassals, and who paid their lord the same duty and submission in peace and war as he himself owed to his sovereign. It would appear probable that none of the baronies were granted to the English, but it is clear that many of the knights' fees were granted to those of them who swore allegiance to the King. THE HISTORY OF LAND TENTRE. THE DOMESDAY BOOK. In 1085 William ordered that a complete sun-ey of the \vhole kingdom should be made, so that he might know exactly how much land each man had and what payments were due to the King. For this purpose he appointed commissioners, who were sent to the shire- moots, where they obtained information as to the various divisions of the country. Thence they pro- ceeded to the hundred-moots and took all details of land ownership in the hundred. Finally they visited every township, and took particulars there. In one way and another they learnt the amount of arable, pasture and woodland in everv shire, the names of the persons to whom it belonged, what mills and fisheries there were, the slaves and live stock that each man had and many other particulars. They also ascertained the value of the land at that time and what it was worth prior to the Norman Conquest. All this information they set forth in the Domes- day Book, which is still preserved. There were found to be about seven hundred chief tenants and sixty thousand two hundred and fifteen knights' fees. The labour involved in the preparation of the Book was no doubt enormous, but its value is to some extent discounted by the fact that the idea of it appears to have come from a survey of the country made by Alfred the Great upon practically identical lines. THE FEUDAL SYSTEM. As soon as the Domesday Book was completed and William had obtained a knowledge of the various landowners in the country, he summoned them all to LA\D TENURES. meet him at Sarum (now Salisbury) in 1086. There he made each of them swear allegiance to him, whether such landowner held under an intermediate lord or not. The importance of this step was enormous, and clearly shows the master-mind of the King. By means of it William obtained far greater rights than any other feudal lord in Europe, for every landowner in the country became his servant and was bound to serve him in peace or war. Other feudal lords could onl}' summon their immediate vassals and not the vassals of their vassals, but William was able to call upon every freeman in the country. The assembly at Salisbury may be regarded as the introduction or perfection of the feudal system into this country and the true origin of our present system of land tenure. The feudal system became general in Europe during the tenth centur\'. It originated in the militarv policjf of the Northern and Celtic nations who overran Eui-ope on the decline of the Roman Empire. The conquering general allotted portions of the country he seized to the superior officers as rewards, and they held of him on condition of faithful service and on the penalty of forfeiture of their lands if they broke their faith. The conquering general, who in some cases (as in England, for instance) was the King, was lord paramount of all the land which he granted, and those to whom lands were given were his tenants. No absolute ownership of land was possible, except by the King. The persons to whom the lands were granted bv the King held under him a fief, fi-iid or fee (Latin, THE HISTORY OF LAXD TENURE. 9 feodinii), whereby in return for their right to hold their land they undertook to be faithful to the King and to render certain services to him, chiefly bv providing knights and men-at-arms to fight for him. These persons who held feuds from the King parcelled out their lands to their followers on condition of similar military services ; and those who took often made sub- grants to others on similar terms, everv tenant binding himself to be faithful and to serve his immediate lord on penalty of the forfeiture of his land. This practice was termed stib-infaidatioii. Those tenants who held direct from the King were termed tenants in capitc, and the lords between a tenant and the King were called mesne lords. On the Continent only the tenants in capiie were liable to the King, all other tenants being liable to their immediate lord only. There was a risk, there- fore, of one of the tenants in capitc becoming so powerful as to organise a successful rebellion. In England, however, bv William's shrewdness everv freeman was directly bound to the King, and if he broke faith his land was forfeitable to the King. The feudal system may be regarded as one entirely dependent upon military service, for which purpose it formed an efficient and formidable organisa- tion. Reverting more particularly to England, it would appear that the feuds or fees originally granted were originally held at the will of the lord only ; that is, they could be taken away by him whenever he saw fit, but they soon became secured for the life of the tenant if he performed the services required of him. 10 LAND TEXrRES. and by degrees they became estates of inheritance, passing to the heir on the death of the tenant. The practice of snb-infeudation \\a5 generally practised, and as has already been shown the number of the tenants In capite was comparatively small. The system of sub-infeudation, which was doubt- less well suited to a newly-conquered country in early times, soon appears to have led to much complication and inconvenience. To remedy the evil the Statute of Quia Emptores, 1290, was passed. This Statute gave everv freeman, who was a tenant in fee simple, po\\'er to sell his land or any part of it ; and provided that the purchaser should hold the land, not from the person who sold it to him, but from the same imme- diate lord from whom it was held previously, and by the same services. The effect of this Statute was to stop any further sub-infeudation and to prevent any freeholder from becoming a mesne lord from that time forward. The fees that were originally granted, when it became usual to grant them as estates of inheritance, wei"e of two kinds — -fees simple and fees eonditional. A fee simple was held of the lord that granted it for ever ; and, after the passing of the Statute of Quia Emptores, 1290, it could be sold to another or otherwise dealt with. The fee conditional was onlv intended to be held so long as the tenant had direct descendants, and could not be sold. If the tenant of it died without children, or if the direct issue failed at any time, the land reverted to the lord who granted it. These tenures, whether granted in fee simple or fee conditional, were governed bv the common law of the THE HISTORY OF LAXD TEXT'RE. 11 land, except where they were sub-tenancies of a manor and were governed bv the custom thereof. In the granting of the fiefs, feuds or fees, whether by the King or by the system of sub-infeudation, we have the origin of the present frecliohl tenure of this country ; that is, a tenure held of a lord in return for a fixed and certain service, and governed by the common law of the land. Down to the present day this remains the most usual form of tenure in England, although the military service by which the land was originally held has long since been abolished. HOXORS AXD MAXOKS. We have already seen that \A'illiam divided the whole of the country, except that which he retained as his share, into baronies and knight's fees, or, in other words, into honors and manors. An honor comprised several manors, often in very different parts of the country, and gave a title of honour to its owner. A manor was an agricultural imit, no doubt the same as the Anglo-Saxon mark. It was usuallv con- terminous with the parish, and consisted of an organisation for the cultivation of the land and for rendering military services in war. The manor differed from the mark mainly in the fact that the whole of the land therein was given to one man, who became lord of flie manor, and all the other persons upon the manor were obliged to swear fealty to him and to do him service. The old Saxon independence was gone. On these manors many ancient grants of freehold land were made, and tenancies were created, which, 12 LAXD TENURES. though held of the lord of the manor, did not remain properly part of the manor. With these exceptions, the manor remained a complete and separate organi- sation governed bv the particular customs referring to it, many of which had doubtless come down from Anglo-Saxon times. All dealings with land in the manor were carried out in the manorial courts and recorded in the record of the manor known as the court roll. The Iciiants of the uuiiior were frccincn and villeins. The freemen were no doubt the old Saxon freemen who swore allegiance and the various Norman men-at- arms who followed the knight who was lord of the manor ; the villeins probably the Anglo-Saxon slaves and such of the Anglo-Saxon men who lost their land owing to not surrendering to the Normans. The free- men held in free tenure, and had equal rights with the lord ; their services were fixed and certain ; they met with the lord in the Court Baron of the manor, and were judges with him. The villeins were mere serfs ; they held in base or villein tennre, and may be regarded as menial servants or agricultural labourers. They had no legal rights against the lord, and held their land purely at his will, so that he could dismiss them and take away their land at any time. The services which the tenants had to vield in return for their holding were quite uncertain ; in fact, it is said that thev never knew from one day to the next what might be required of them. Most of the services appear to have been of an agricultural character, such as to plough the lord's land or attend to his animals, though no doubt some were slaves of THE HISTORY OF LAXD TENURE. 13 the household. The sole title which these villeins had to their land was an entry of their name upon the court rolls of the manor. These manorial tenancies still prevail, though iii recent times they have been largely done away with. The freemen of the manor have become the customary freeholders and the villeins have become the copy- holders. The copyholder still holds nominally at the will of the lord, but the custom of the manor has developed in his favour, and the lord's will has been limited thereby. The copyholder's title to his land is by copy of the court roll, but this has become well secured, and the copyholder's rights have so increased that he is now in almost as good a position as a free- holder, provided he performs his due service to the lord, which have become quite definite in character. Veiy many of the customary freeholds and copy- holds have been enfranchised, and are now subject to the same laws as freeholds, and no longer subject to manorial customs. When enfranchised thev are to all intents and purposes the same as ordinary freeholds but for the fact that, when the enfranchisement takes place under the Copyhold Acts, the right of escheat, in the case of intestacy and failure of heirs, remains in the lord of the manor instead of being vested in the Crown. ANCIEXT DEMESNE. It will be remembered that at the time of the Norman Conquest William reserved large areas of land for himself. This land appears to have consisted of the demesne held by Edward the Confessor and other demesnes appropriated by William, as these are 14 LAND TENURES. separately referred to in the Domesday Book as " the lands of King Edward and the lands of the King." These lands are held by the Crown as manors, and the tenants held directly from the Crown as lord of the manor. The tenants of manors in ancient demesne held by a privileged villeinage tenure {villanimi socaghim), and their services, although originally servile, were certain in character. The tenants could not be ejected so long as they performed their services, nor could they be compelled to remain in possession of their hold- ings. These peculiarities show a free tenure held independently of the lord's will, but manv other incidents of tenure indicate a holding more akin to copyholds. For instance, they could not freely transfer their land to another, but the convevance of the land was by surrender to the lord and admittance of a new tenant by him, and the recovery of the land could only be obtained in the King's Court. These matters have been modified greatly in quite recent times ; and lands held in ancient demesne are now very similar to ordinary freeholds, for since 1833 they can be conveyed by a simple deed, and the action for their recovery was made similar to that for other freehold lands by the Common Law Procedure Act, 1852. TENURE IN BURGAGE. At the time of the Xorman Conquest there were several towns of importance to be found in the country, such as London, Oxford, Cambridge, Chester, Nottingham, Derby, Lincoln, Colchester, Dover, and Exeter. In these and other towns a third species of THE HISTORY OF LAND TENURE. 15 free tenure was created, known as tenure in biir<cniiissive icnsie (e.g., allowing buildings to deca}' for want of repair) depends mainly upon the exact words of the deed creating the estate ; and, if such words are general, they will not extend to repairs of an unusual and expensive character, such as cleaning out a lake ; but where there is no deed, or the deed is silent on the matter, the tenant has no liability at all for permissive waste. This non-liability of the tenant for life for permissive waste is a question which Was for some time in doubt. It was finally settled by the case In re Caiiivright A-ris TEXANCIES FOR LIKE. 53 V. Xciviiiaii} In this case there was a legal tenant for life of certain land, whose estate was created under a will. The will was silent as to the duty of the tenant for life to repair, and when she died the buildings upon the land were left in a very dilapidated condition. The remainderman in fee, who came into the property on the death of the tenant for life, claimed compensa- tion from her executor by way of damages for per- missive waste. The Court held that the claim could not be sustained, Mr. Justice Kay stating that there must have been hundreds of thousands of similar cases, and not once, so far as legal records go, have damages been recovered against the estate of a tenant for life on that ground. If the deed, creating the estate, expressly declares that the tenant for life shall not be liable for voluntary waste, he may nevertheless be restrained from com- mitting acts of gross damage to the propert}', which would prejudice the remainderman, such as pulling down houses or destroying ornamental timber ; as the Courts of Equity have always interfered to prevent such equitable or nncoiiscionahle waste. The deed may, however, clearly state that the life tenant shall not be liable even for equitable waste, and there is then no power to restrain him. The old remedy for waste was by a forfeiture of the life tenant's estate under the Statute of Gloucester,'^ but this was abolished by the Real Property Limita- tion Act, 1833,^ and now the remedy is by action for damages and injunction. 1 41 Ch. D. 532. 2 Edw. I. c. 5. 83 & 4 Will. IV. u. 27. 56 LAND TENURES. EMBLEMENTS. The right of the tenant for hfe to cwhlements, con- sists of his right, if his estate is unexpectedly deter- mined through no fault of his own, to enter and take the crops he has sown upon their ripening, although his estate has come to an end. The crops in which einbleiiu'iits can be claimed include only fntctiis iiidits- iriales ; that is, only those crops which are annually produced by the labour of the cultivator, such as corn, roots, hemp, flax, teasles and hops, but not fruit trees, permanent pasture nor forest trees. By the Landlord and Tenant Act, 1851,^ an extension of tenancy until the e.xpiration of the then current year of his tenancy is given, in lieu of emble- ments, to all tenants at a rack rent, whose tenancy shall determine by the death, or cesser of the estate ; of any landlord entitled for life or other uncertain period. FIXTURES. The life tenant is entitled to fixtures which he erects, and his personal representative can remove them on the determination of his estate. It is, however, often a very diittcult point to decide whether the fixtures are of such a nature, and so attached, that they should be intended to remain per- manently attached, to the freehold, in which case they are irremo\'able ; or whether they are merely tenant's fixtures in the ordinarv sense of the word. The matter has been fully treated of in the Author's book on the " Law of Landlord and Tenant," but the rules of landlord and tenant have been considered more favourable to the tenant, than those of tenant for life 1 14 & 15 Vict. u. 25. TENAXCIES FOR LIFE. 57 and remainderman. The important case of Leigh v. Taylor'^ has done much to clear up the matter. In this case Madame de Falbe was tenant for life of the Luton Hoo Estates, and she purchased some valuable tapestries, which she affixed to the walls of the house. The walls were originally papered, but she put strips of wood over the paper, stretched canvas over the wood, fastened the tapestries over the canvas, and iinally put mouldings round them, so that they formed the decorations of the walls of the room. The House of Lords, affirming the judgment of the Court of Appeal, which had reversed that of the Court below, found that the tapestries were put up for the purpose of ornament and for the better enjoyment of them as chattels, and that they could be removed without doing .any structural damage, and held that the tapestries put up for that purpose and attached in that manner did not pass with the freehold to the remainderman, but formed part of the personal estate of the tenant for life, and were removable by her executor. Lord Halsbury, in giving judgment, said : " One principle, I think, has been established from the earliest period of the law down to the present time, viz., that if some- thing has been made part of the house it must necessarily go to the heir, because the house goes to the heir and it is part of the house. . . . Another is equally clear, namely, that where it is something which, although it may be attached in some form or another to the walls of the house, yet having regard to , the nature of the thing itself and the purpose of its being placed there is not intended to form part of the 1 [1902] A. C. 157. 58 LAND TEXURES. realty, but is only a mode of the enjoyment of the thing while the person is temporarily there, and is there for the purpose of his or her enjoyment, then it is removable and goes to the executor. Nothing points to any intention to dedicate these tapestries to the house. It was never intended to form part of the structure of the house ; it was never intended to remain part of the house ; it is a sort of ornamental fixture, and can be removed by whoever has the right to the chattel." This case is of especial importance, as it made the law cleai", where it had been somewhat obscure owing to two earlier cases tried by Courts of First Instance, in both of which tapestries had been held irremovable. In one of these the tapestries had passed with the house and been in the house for a century or more, while in the other case the house had been expressly built to accommodate the tapestries. ALIEXATION. Until comparatively recently, the life tenant's power of alienation, beyond the estate he held, depended entirely upon his deed of settlement, and much inconvenience was suffered. From time to time Parliament passed many Acts of a more or less ex- perimental character, but eventually the Settled Land Acts, 1882-1890,^ conferred extensive general powers. These Acts apply to every settlement made before or after 1882 ; they cannot be contracted out of ; and the powers given by the Acts are additional to the powers given by the deed of settlement. 1 45 & 46 Vict. u. 38 ; 53 & 54 Vict. c. 69. TEXANCIES FOR lAVE. 59 THE SETTLED LAND ACTS. The tenant, for life under the Acts is the person who is beneficially entitled to possession of the settled land for his life (i.e., the owner and not a person merely entitled in consideration of rent), and each owner need not be entitled to the full benefit of the property. The trustees under the Acts may be roughly described as the trustees of the settlement, or, if none, the Court will appoint trustees. The chief powers of the tenant for life may be tabulated as follows : — 1. To sell the settled land, or part of it, or any ease- ment, right or privilege over it (but not the mansion house and lands occupied with it,unless the consent of the trustees or an order of Court is obtained). 2. To exchange the settled land, or part of it, for other land, and to take money for equality of exchange (but not the mansion house as above, nor land in England for land out of England). 3. To concur in the partition of settled land. 4. To enfranchise the settled land. 5. To transfer incumbrances from one part of the settled land to another. 6. To grant building leases, binding on the remainder- man, for ninety-nine years, mining leases for sixty years, and other leases for twenty-one years. 7. To accept surrenders of leases. 8. To grant licences to copyholders. g. To appropriate land for streets, gardens, open spaces, etc. 60 LA\D TENURES. 10. To raise money, by way of mortgage, for enfran- chisement or for equality of exchange, or for the discharge of incumbrances, or for paying costs ordered by the Court to be paid on the settled land. 1 1 . To convey the settled land so as to complete the exercise of the powers. 12. To direct the form of investment of trust funds. 13. To execute improvements upon the settled land. 14. To enter into binding contracts, and to vary and rescind contracts. 15. To cut timber with the consent of the trustees, or under an order of the Court, even when im- peachable for waste. 16. To sell heirlooms under an order of Court. 17. To execute deeds and other instruments. 18. To complete contracts made by a predecessor in title. The powers given to the tenant for life are to a great extent safeguarded by the provisions of the Act, so that the remaindermen may not be injuriously affected. In the cases of sale, exchange, or partition or lease, the tenant for life is bound to obtain the best price, rent or consideration ; he is declared to be in the position of a trustee for all parties entitled under the settlement ; and in any case of the exercise of powers, other than the granting of a lease for not over twenty-one years, he must give notice in writing to the trustees and their solicitors, who may applv to the Court if they are dissatisfied. Capital money received, including any fines taken for leases, must be paid to the trustees or into Court, and all investments must be in the trustees' names. TENANCIES FOR LIFE. 61 Investments must be in authorised securities only, but capital money may be used in discharging incumbrances, in authorised improvements, or in the purchase of other lands. THE DUTIES OF THE TRUSTEES. The duties of the trustees are to exercise a general supervision over the acts of the tenant for life ; and, in case of difference between them and him, to apply to the Court. They receive all capital moneys and invest them in their own names, or apply them to the pur- poses directed by the tenant for life, and see that land purchased is made properly subject to the trusts of the settlement. They approve schemes for improvements, and appoint a surveyor to inspect them, consent to the sale of timber (the tenant for life usually taking one-quarter the price for his trouble), consent to the alienation of the principal mansion house and park^ apportion purchase-money paid for a lease or reversion between the tenant for life and remainderman, give receipts for capital and money, reimburse themselves, or pay expenses properly incurred out of the trust funds ; and, where a tenant for life for some reason cannot act personally, they can exercise his powers ; for instance, if he is an infant, or if his interest is in- consistent with the personal exercise of those powers. THE COURT. The Court only acts if it is applied to, and some of the main purposes for which application may be made are — 1. To appoint trustees or persons to act for infants. 2. To settle differences between trustees and tenants. for life. 62 LAXD TENURES. 3. To sanction the alienation of the mansion house or the sale of timber or heirlooms. 4. To sanction schemes of improvement and order payment of costs. 5. For payment of money out of Court to trustees. 6. For various directions as to investments, contracts and such like. THE BOARD OF AGRICULTURE. The Board of Agriculture may be called upon to certify that improvements have been executed ; how much money should be paid in respect of them ; how long the tenant for life should maintain them ; to what amount he should insure them ; and to receive reports from the tenant for life as to the state ■of such improvements. The Acts enumerate a long list of improvements to the settled land for which capital money may be •expended, which may be shortly stated as — 1 . Drainage, irrigation, warping and embanking land, protecting it from water, enclosing or reclaiming land. 2. Making roads. 3. Planting trees or clearing rough ground. 4. Building cottages, farm-houses, farm-buildings, mills, kilns, engine-houses, water-wheels, etc. 5. Works connected with water supply. 6. Tramways, railways, canals, docks, piers, bridges, landing-places, etc. 7. Markets and market places. 8. Streets, roads, gardens, etc., in connection with building estates and sewers, paving, brick- making and such like in connection therewith. TEXAXCIES FOR LIFE. 63 9. Trial-pits and other preliminary work in con- nection with mines. 10. Reconstruction, enlargement or improvement of any of the above. 11. Additions to or alterations in buildings to make them let. 12. Erecting buildings in substitution of any taken by a local authority or other public body to the extent of the money received. 13. Houses for the working classes, which the Court considers not injurious to the estate. 14. Rebuilding the principal mansion house, if the cost is not more than one half-year's rental of the settled land. 15. Paying compensation to tenants under the Agricul- tural Holdings Act. CHAPTER VII. CHATTEL INTERESTS IN LAND. THE DIFFEREXT KINDS OF CHATTEL INTERESTS. There are, or were, six different kinds of chattel in- terests in land, which may be tabulated as follows : — 1. Tenancies for a time certain or terms of years. 2. Tenancies at will ; held at the joint will of both parties. 3. Tenancies on sufferance ; where the tenant comes into the property by right, and holds over after right has expired. 4. Tenancies by elegit ; i.e., the tenancy of a-judgment creditor. 5. Tenancies by executors ; when the freehold was left by will for the payment of the debts of the deceased.' 6. Tenancies by Statute Merchant and Statutes Staple ; which were modes of charging land with the payment of debts under certain Statutes.^ TENANCIES FOR YEARS. Of tenancies for a terra of years there are two kinds : — I. Leasehold proper ; i.e., terms of years created by ordinary leases for the purpose of occupation, building, mining and the like, which are seldom granted for more than ninety-nine years, although longer periods are quite as possible, and for which a rent is reserved. 1 Now obsolete (Land Transfer Act, 1897). 2 Repealed in 1863. CHATTEL INTERESTS IN LAND. 65 2. Long terms of a thousand years or so, created by deeds of settlement, or by will, or by mortgage deeds, which generally reserve no rent, but which form a security for the payment of rent charges, interest, etc., out of the land to the persons entitled to them. These two classes of tenancies for terms of years are of the same nature from a legal standpoint, and are properly considered together, but only the first kind will be dealt with, and that but briefly, for full details thereof may be found in the Author's book on " Land- lord and Tenant," which is in use by many candidates for examination. LEASEHOLDS. NATURE OF LEASEHOLDS. A leasehold is an interest in land, held of a direct landlord, for a limited period only, and governed by the terms of the lease. Its foundation is a contract between the person who lets {i.e., the lessor) and the person who takes {i.e., the lessee), and the terms of this contract govern the matter. In leaseholds, except where the Crown grants a lease of its property direct, there is always a subject between the owner of the leasehold and the Crown, and there may be many such persons. For instance, if a freeholder A grants a lease for nine hundred and ninety-nine years to B, and B sub- leases his term for ninety-nine years to C, who sub- leases his term for his entire interest less one day to D, who sub-leases his term for twenty-one years to E, there would in this case be four persons (A, B, C and D) between E and the Cro\A'n. 66 LAND TENURES. In every case the interest in the land is in at least two parts — (1) the term vested in the tenant or lessee, and (2) the reversion vested in the landlord or lessor ; e.g., in the case of A and B above. The leaseholder's interest is often a much more valuable one than the freeholder's, especially in the case of building leases, where the freeholder lets a piece of vacant land on lease for a long period, say ninety- nine years, at a low ground rent, and the leaseholder erects a house thereon, paying for his land perhaps one-tenth only of the i"ent he receives for the house and land combined ; while in some cases terms of five hundred years or more are found where the leaseholder only has to render a peppercorn (a merely nominal thing not intended to be paid) for the right to hold the land, and receives perhaps hundreds of pounds per annum from the land with the premises which have been erected thereon. And here it is well to notice that where a lease is granted for a term of three hundred years or more without any rent, or merely a peppercorn or other rent having no money value, and there remain at least two hundred years unexpired, and there is no condition for re-entry, and no trust for the freeholder, and the lease is not created by sub-demise, the leasehold can be converted into a fee simple freehold by the Conveyancing Act, 1881,^ Section 65, as amended by the -Conveyancing Act, 1882,^ Section 11. This right has been held _^to apply where a rent of one silver penny was payable if demanded, but not 1 44 & 45 Vict. c. 41. ■•= 45 & 46 Vict. c. 39. CHATTEL IXTERESTS IN LAXD. 67 where a rent of 3s. per annum was reserved, although such' rent was proved to be so small as to be unsaleable. On the other hand, the lessee's interest is often far less valuable than the freeholder's, as happens when agricultural land, or land with buildings already upon it, is let at its full value ; or where a long lease nears its close, and the reversion is worth far more than Avhat remains of the lease. A COMPARISON OF LEASEHOLDS AND FREEHOLDS. The differences between leaseholds and freeholds are many. Some of the points may be tabulated as follows : — Leasehold. Personal property or chattel in- terests in land. The owner never has the full property in the land ; he never has the seizin of the land, but merely a contractual right there- in. Held of one or more superior landlords between the tenant and the Crown. Governed by the terms of the lease as well as by the law of the land. Always liable to judgment debts. Freehold . Real property. The owner always has full pro- perty in the land and always has the seizin of the land. Held of the Crown direct. Governed by the law of the land alone. Made liable to judgment debts, as to Courts of law, by Statute of Westminster II.,' as to Courts of Equity by the Judgments Act, 1838.^ 1 13 Edw. I, c. 18. 2 1 & 2 Vict u. 110 LAND TENURES. Leasehold. Freehold. On death of owner always went Prior to Land Transfer Act, to executors and administrators. 1897,' went direct to heir-at-law. The rule against perpetuities does Cannot be made determinable not apply. subject to a condition, which may not take place within a life or lives in being and twenty-one years afterwards. Liable to forfeiture. Not forfeitable. Rents and services usual. Fealty to the Crown the only service. Owner liable for waste and to Freeholder can do what he likes, perform all covenants, and his his powers being unlimited, powers of doing what he likes limited by his lease. The largest leasehold is less than the smallest freehold, and will merge in the freehold if there is vmity of possession. Thus a term of one thousand years, held by a person having also a life estate, would merge therein and become extinguished. TEXANCY AT WILL. A tenancy at will is where lands or tenements are let, by one man to another, for no certain term, but the lease is to continue during the joint will of both parties, and no longer. A tenancy at will is, therefore, the opposite to a tenancy for years ; for whereas a tenancy at will is for [no certain term, and can be put an end to by either . party at his will, a tenancy for years must have a certain determination. Tenancies at will may arise by express contract, which may be by parol or by deed, by a landlord 1 60 & 61 Vict. i;. 65. CHATTEL INTERESTS IN LAND. 69 agreeing to let at will and the tenant agreeing so to take, but such cases are rare ; and where such a tenancy does arise by contract, it is usually under a mortgage deed, where the borrower is sometimes expressed to become tenant at will of the lender of all the mortgaged property at a peppercorn rent if demanded. More usually, tenancies at will arise by implication. For instance, if a man enters into possession of pro- perty with the consent of the owner during nego- tiations for a lease or agreement or otherwise, he becomes a tenant at will ; or if a tenant enters under a lease which is void under the Statute of Frauds, he may be a tenant at will, or if a tenant hold over after the expiration of his lease with his landlord's consent, he is a tenant at will, unless the contrary is shown. Tenancies at will are not favoured by the Courts ; and if an annual rent is reserved and no term mentioned, a lease will always be construed as an annual tenancy, unless it is expressly stated to be at will ; and where a tenancy at will arises by impli- cation, it will be converted into a tenancy for j^ears as soon as rent is paid and accepted or any agreement is entered into for the payment of rent. If an annual tenancy cannot be implied, sometimes a weekly, monthly or quarterly tenancy can be. While a tenancy is purely at will, it can be deter- mined not only at the will of either party, but by any act of either party inconsistent with the continuance of the tenancy ; thus : if the landlord let the land to another, or if the tenant assigns, or if he commits Avaste, or become bankrupt. 70 LAND TENURES. The rights and habihties of the tenant at will in the absence of express agreement are slight. He has no liability for permissive waste, but he is entitled to emblements ; and it appears that although he cannot assign his property, he can, nevertheless, sublet it at will. TEXAXCY OX SUFFERANCE. This is a lower class of tenancy than one at will, and is in fact the very lowest class known to the law, A tenant at will occupies by right, but ^ tenant on sufferance has no right to be in possession. He is defined by Lord Coke "to be one who comes in by right and holds over without right," and is most visually found, in the case of a tenant whose lease or interest has expired, holding over without his land- lord's consent. This tenancy cannot be created by contract ; it cannot be assigned or sublet, and may be regarded as an invention of the law to prevent the tenant being liable as a trespasser. If the owner of the land assented to the posses- sion it would at once be converted into a tenancy at will ; while, if a rent was paid or accepted, it would change to a tenancy for vears. Cases, however, occasionally occur where a tenant remains on sufferance for a considerable period, and where the owner recovers from him a proper sum of money for his use and occupation of the premises. There can be on tenancy at sufferance against the Crown, as a person so holding would be an intruder. CHATTEL INTERESTS IN' LAND. 71 TENANCY BY ELEGIT. This form of tenancy occurs where a creditor has obtained judgment against a debtor, and elects to take a writ of elegit, instead of a writ of fieri facias ; so that the Sheriff, instead of levying the debt on the lands or goods of the debtor, as he would under the the latter form of writ, delivers to the creditor the lands of the debtor. The writ of elegit extends to all the lands of the debtor, both freehold and copyhold, and, it appears, leasehold also, by virtue of the Judgments Act, 1838^; but by the Bankruptcy Act of 1883^ it no longer extends to goods. Under the old law of the Statute of Westminster II. ^ it used to extend to all the chattels and only half of the land. The Sheriff can give possession of the land if the debtor is in possession ; but if he is not, the tenant by elegit is merely an assignee of the reversion, and cannot eject any tenants in occupation of the land until their term expires by effluxion of time, or by forfeiture, or by proper notice to quit. When the tenant by elegit does obtain possession, he can grant leases of the land ; but such leases are conditional only, as his interest, and the interests of those holding under him, are determined by the payment or satisfaction of the debt and costs. The other kinds of chattel interests being obsolete do not require description. 1 1 & 2 Vict. u. 110. ■' 46 & 47 Vict. c. 52, 3 13 Edw. I. u. 18. Part II. COPYHOLD AND CUSTOMARY TENURES. CHAPTER VIII. THE MANOR AND ITS LORD. THE HISTORY OF THE MANOR. Referring briefly to what has been ah-eady dealt Avith in the first chapter, it will be remembered that at the time of the Norman conquest practically the whole ■country was divided up into manors. Some of these manors were Crown manors, and the tenants held free tenures by the custom of ancient demesne, and the rest were held under the Crown or ■one of the chief barons by military service. The lords of the manors granted out from their manors certain feuds or fees which became ancient freeholds ; and though these lands were held of the manor, they did not remain parcel of it, so that the manor, as it came to be recognised, was exclusive of such lands. ancient freeholds distinguished from manorial tenures. It will be well to make clear the difference between these ancient freeholds and the copyhold and ■customaryhold lands, which remained parcel of the manor. 74 COPYHOLDS. The ancient freeholds are held of the manor, the lord has the seigiiorv of them, and may be entitled to the payment of a rent or licriot or other service, but they are not governed by the custom of the manor, nor are they parcel of the manor, nor can they be con- sidered the lord's lands in any legal sense. They are just ordinary freeholds under a mesne lord, and they are conveyed from one person to another as ordinary freeholds are conveyed. The copyhold and ciistomarvhold lands, on the other hand, are part and parcel of the manor itself ; they belong to the lord of the manor ; they are governed by the custom of the manor, and they are altogether of a different nature to freeholds. A person, who acquires them by purchase or descent,, does not obtain any legal interest in the land, until he has been admitted thereto by the lord of the manor. The lord can, in some cases, raise objections- to his admission ; and, as a rule, requires certain payments to be made to him. THE LORD OF THE MANOR. The lord of the manor is the person who holds the manor under the Crown or mesne lord ; and, as has- been shown, he now always holds the manor in free- socage. The lord of the manor, therefore, is the freeholder. The manor is held in fee simple as a rule, but a lord of the manor may have created an entail or settled it for life, so that it commonly occurs that the manor is in settlement. The manor, like other freehold property, can also be granted for a term of years. THE MANOR AXD ITS LORD. /."> Manors, which belong to one of the duchies, or to ecclesiastical or collegiate bodies, are frequently leased. In that case the tenant for years takes the place of the lord of the manor, and has the rights of the lord of the manor. He is generally called the Ion! fanner. He takes the perquisites ; grants enfranchisements ; collects quit rents, heriots and reliefs ; grants licences, and in all ways acts as lord. He pays a rent to the free- holders, and they take the same position as a remainderman or reversioner. This class of holding is perhaps most commonl}' found in the West of England, but it is of course merely the ordinary lease- hold system, and could be created by any lord of any manor anywhere. THE STEWARD OF THE MANOR. The steward of the manor is the ofiicer by whom all dealings with the manor are conducted on behalf of the lord. He is usually a solicitor, and represents the lord, in holding courts, agreeing to enfranchise- ments and such like. He keeps the court rolls, and makes all necessary entries therein. A steward may be appointed by deed for his life by the lord of the manor, and in that case, if the lord is tenant in fee, the lord's devisee cannot displace him.^ The court can be applied to for the dismissal of a steward, but the office must be kept filled ; and the court will not displace one steward, without seeing that there is another one ready to perform his functions.^ 1 Banlett v. Downes, 5 D. and R. 526. 2 Windham v. Giubilei, 40 L.J. Ch. 505. 76 COPYHOLDS. The steward usually prepares all documents con- nected with the manorial property or approves them on behalf of the lord. A custom for him to prepare all surrenders of copyholds upon the manor is good.^ He is entitled to many and various fees, some of which are mentioned in the Copyhold Act and some have been decided by various cases. ^ He is also entitled to be compensated for the loss of further fees when a copyhold is enfranchised. THE REQUISITES OF A MANOR. A manor must have originated prior to 1290, and will last so long as it preserves its necessary attributes, and no longer. These are three in number, viz. : — 1. Demesne lands. 2. Tenemental lands. 3. At least two free tenants in fee, subject to escheat and capable of forming the court baron. If any of these are wanting, the manor no longer exists, and it becomes merely a manor by reputation, though this will be sufficient to prove the right to franchises, wastes, and so forth. Evidence that a court was held within the previous thirty-five years has been held sufficient proof that a manor continues to exist, without any documentary evidence whatever^ ; and the immemorial appointment of a sexton to the parish has been held to be evidence of a reputed manor.* I Rex V. Rigge, 2 B. and Aid. 550. '^ Blaker v. Wells, 28 L.T. 21 ; Traherne v. Gardner, 5 Bl. and Bl. 913 ; Everest v. Glyn, 2 Marshall 84 ; Evans v. Upsher, 16 M. and W. 675. '^ Doe d. Beck v. HeaUin, 6 A. and E. 435. ^ Soane v. Ireland, 10 East. 259. THE MANOR AND ITS LORD. 77 Reputation alone is admissible to prove the existence of a manor, without any proof of the actual exercise of manorial rights.^ THE MANORIAL LANDS. The manor now consists of those lands which formed part of the original manor, and were not granted out therefrom, but remain part and parcel thereof. The lands consist of three parts — 1. The demesne lands, including those in the occu- pation of the lord and the waste lands of the manor, over which the tenants have, as a rule, various rights of common. 2. The tenemental lands, comprising those granted to the free tenants in consideration of rents and fixed and certain services. 3. The villenagium, or those lands originally occupied by the villeins and serfs in consideration of various base services which were uncertain in character. The tenants of these lands held merely at the will of the lord, and are now the copyholders of the manor. If any portion of the demesne lands was conveyed in fee as a distinct property, and not as part of the manor, it became severed from the manor ; and the mere fact that rents and dues were reserved was not sufficient to preserve such lands as part of the manor. If the lord re-purchases such lands, they are his own freehold land, but they would not become re-united to the manor. On the other hand, if they were to come 1 Steel V. Prickett, 2 Stark. 463, and see Curzon v. Lomaz, 5 Esp. 60. 78 COPYHOLDS. into his hands by escheat, it would seem that they •would become re-united and be a part of the manor again.'^ The boundary of the manor appears originally to have been conterminous with that of the parish, but now it is often difficult to determine. The most frequent causes of doubt are with regard to the fore- shore, and as to the ownership of those pieces of waste land which adjoin a highway. With regard to the foreshore, it was established in Attorney-General v. CJiambers,^ that the Crown has the right to the foreshore as far as the line of the medium high tide between the springs and the neaps, subject to the rights of the King's subjects for fishing and navi- gation. A subject can only establish a right to a part of it by proving an express grant by the Crown, or showing a user from which a grant can be implied ; e. 2& 3 Will. IV. u. 71. ^ Duke of Portland v. Hill, 35 L.J. Ch. 439. THE MANOR AXD ITS LORD. 87 The law has laid down no rule as to the extent of evidence necessary to establish a custom, or from which the presumption or influence of the fact of a custom may be rightly drawn. It is the province of a jury to draw these conclusions of fact.-^ For instance, a custom has been found for the tenants to dig and get sand, sandstone, gravel, and clay from their tenements, apd to cart and carry away thd same on to other lands, and to use and sell the same either on or oft" the manor without licence from the lord.^ A custom for the tenants to fell timber on their lands without the lord's licence, although not for repair, is not unreasonable^; and a custom for the tenants to break the surface and take clay without limit, and make bricks to be sold off the manor, was held good.* On the other hand, a custom to work mines under houses without paying compensation has been held bad, as unreasonable^; and a custom for a tenant for life to be free of liability for waste is also bad, though a custom for a copyholder in customary fee simple to be without impeachment of waste has been held good.*^ The general and particular customs, which together make up the custom of the manor, are, however, not in doubt as a rule, and will set forth and regulate the powers of the lord, the rights of every tenant, what interest a lord can grant, what charges he can enforce 1 Hanmer v. Chance, 4 De G. J. and S. 626. 2 Ibid. » Blewett V. Jenkins. 12 C.B.. N.S. 16. ^ Marquis of .Salisbury ik Gladstone, 9 H L. Gas. 862. ^ Hilton V. Earl Granville, Dav. and M. 614. •^ Fawcett V. Lowther, 2 Ves. 300. 88 COPYHOLDS. against his tenants, what services the tenant must render to his lord, what privileges he has over the land he holds and over other lands belonging to the lord, and such like matters. Even the amount of the fees payable to the steward for certain profes- sional services may be regulated by custom. In many cases a full statement of the customs is set forth in a document called the Customary of the Manor, prepared in some cases in quite modern times. THE SALE OF A MANOR. Prior to the Conveyancing and Law of Property Act, 1881,^ there was some difficulty in deciding what passed upon the sale of a manor, but it was held that the general words will pass any imascertained or undefined advantages, such as the minerals under the waste and the advowson to a living.^ If the wastes were accepted thejf became severed from the manor, though the copyholder's rights over them continued^; and if only a reputed manor was granted, it was insufficient to pass the freehold interests in the wastes or in any specific tenement possessed by the grantee.* Since the Conveyancing Act the matter has been simplified ; for if there is no contrary intention ex- pressed in the conveyance, and the rights can be conveyed by the party conveying, by Section 6, Subsection 3 — A conveyance of a manor shall be deemed to include and shall by virtue of this Act operate to convey, with the M4& 45 Vict. c. 41. 2 Attorney-General v. Ewelme Hospital, 17 Beav. 3G6. » Revell V. Joddrell, 2 Term Rep. 415. 4 Doe d. Clayton v. Williams, 11 M. and W. 803. THE MANOR AND ITS LORD. 89 manor, all pastures, feedings, wastes, warrens, commons, mines, minerals, quarries, furzes, trees, woods, underwoods, coppices, and the ground and soil thereof; fishing, fisheries, fowlings, courts leet, courts baron, and other courts, view of frank-pledge,' and all that to view of frank-pledge doth belong, mills, mulctures,'^ tolls, duties, reliefs, heriots, fines, sums of money, amerciaments, waifs, estrays, chief rents, quit rents, rents-charge, rents-seek, rents of assize, fee farm rents, services, royalties, jurisdictions, franchises, liberties, privileges, easements, profits, advantages, rights, emolu- ments, and hereditaments whatsoever, to the manor apper- taining or reputed to appertain, or at the time of con- veyance demised, occupied, or enjoyed with the same, or reputed or known as part, parcel, or member thereof. When a manor is sold, any lines which accrue owing to deaths or admissions, between the time of the contract and the completion, belong to the vendor and not to the purchaser, although they may not be assessed or paid until after the completion. 1 The view of frankpledge was an ancient system by which the householders of everything were pledges or mutual bail for the good behaviour of each other. Now obsolete. '•^ A mulcture was a toll paid to a miller for grinding corn. CHAPTER IX. MANORIAL TENURES. Manorial tenvires in England consist of a, number of varieties of estates, the titles to which were originally constitvited, and have since been greatly modified, by local custom. All such estates are part and parcel of the manor, and are governed by the custom of the manor, and not merely by the common law. They may be divided into three classes — customary free- holds, tenant right estates, and copyholds proper. CUSTOMARY FREEHOLDS. Customary freeholds are those lands which are part and parcel of the manor, and are governed by the custom thereof, but which have been granted in free tenure by the lord of the manor in early times in accordance with the custom of the manor, but which are not held at the will of the lord. The services of the tenants are fixed and deter- minate ; their title is usually by copy of court roll, and their lands are conveyed by surreuder aud aduilttaucc. They generally pay a cliicf i'eut annually to the lord, and are frequently liable to hcriots and other services,, their powers and duties being created and limited by the custom of the mauor as shown bv the court roll. Customary freeholders, although they are free tenants, closely resemble copyholders, and the incidents- of their tenure can be taken as similar to those of copy- holders, so that the portion of the work dealing with MANORIAL TENURES. ' 91 the incidents of copyhold tenure can be referred to in connection with them. It may be noted that in the case of customary freeholds held by copy of. court roll, that the minerals belong to the lord of the manor. i COMPARISON OF CUSTOMARY FREEHOLDERS AND ORDINARY FREEHOLDERS. The customary freeholders of a manor are free tenants, and therefore freeholders in a sense ; but in the incidents of their tenure they more closely resemble copyholders, so that the distinction between them and ordinary freeholders is a wide one. The following table will explain the matter more particularly : — Customary Freeholders. Ordinary Freeholders. Hold of the lord of the manor. Hold of the Crown (or a mesne lord). Go\-erned by custom of manor. Governed by common law. Title by copy of court roll. Title by title deeds. Conveyance by surrender and Conveyance by deed of grant, admittance. Rents and services due to lord. No service as a, rule, except im- plied fealty to the Crown. Escheat to lord of manor. Escheat vested in Crown (or mesne lord). Minerals belong to lord of manor. Minerals belong to tenant, TENANT RIGHT ESTATES. Tenant riglit estates resemble customary freeholds, being lands which are part and parcel of a manor and governed by the custom thereof, but which have been granted in free tenure by the lord of the manor. They 1 Duke of Portland v. Hill, 35 L.J., Cli. 439. 92 COPYHOLDS. may be regarded as the customary freeholds of that part of the country which touches upon, or is near to, the Scottish border. They appear to have been originally created in consideration of border warfare against the Scots. They differ from customary freeholds in that they do not have title by copy of court roll, and are not alien- able by surrender and admittance ; but they resemble customary freeholds in not being determinable at the will of the lord. COPYHOLDS PROPER. A copyhold tenure may be defined as a base tenure of land held under the lord of the manor and at his will, according to the custom of the manor by copy of court roll. Littleton's definition is — " Tenant by copy of court roll is as if a man be seised of a manor, within which manor there is a custom which has been used time out of mind of man that certain tenants have been used to have lands and tenements to hold to them and their heirs in fee simple or fee tail, or for life, etc., at the will of the lord according to the custom of the same manor. And such a tenant may not aliene his land by deed, for then the lord may enter as into a thing forfeited unto him. But if he will aliene his land to another, it behoves him after the custom to surrender the tenements in court into the hands of the lord to the use of him that shall have the estate. And these tenants are called by copy of court roll, because they have no other evidence concerning their tenements, but only the copies of court roll And although some such tenants have an inheritance according to the custom of the manor, yet they have but an estate at the will of the lord according to the common law." MANORIAL TENURES. 93 This definition should be carefully read. It is of great importance in understanding the nature of a copyhold. Elton, in his "Treatise on the Law of Copyholds,'" gives a more modern definition as follows : — " Estates in some parcel of a manor, founded on the- lord's grant and tenant's admittance enrolled in the customary court, amounting in law apart from the custom to mere tenancies at will, but where the custom comes into- question having a more permanent character. In the same land the lord has a freehold, and the tenant a customary estate. They are mainly distinguished from freeholds by this criterion— that all alienations must be in part at least transacted in the lord's customary court ; and hence the proper evidences of title to such estates are copies of the court rolls, and the tenants are denominated copyholders.'" Ever}' copyhold must be parcel of an ancient manor and demised or demisable by the custom thereof from time immemorial, i.e., from the time of Richard II. A copyhold must have been such time out of mind, and cannot be created within the time of legal memory.^ The lord could always grant as copyhold any copyholds which had come into his hands, whether by escheat or forfeiture or other method by which a former grant was determined. It would appear that he could at one time make new grants of a portion of his manor which was demisable by the custom thereof ; but where there was no custom for that purpose, the lord of the manor could not make a new grant of copyholds.^ 1 Doe d. Newman v. Newman, 2 Wils., K.B. 215. 2 Rex V. Hornchurch, 2 B. and Aid. 189. 94 COPYHOLDS. Since 1887 the Copyhold Acts have practically put a stop to the creation of new copyholds. This was first brought about by the Copyhold Act, 1887/ Section 6, which has been re-enacted by Section 81 of the Copyhold Act, 1894.^ The effect of this section is that the lord of any manor cannot make grants of land not previously of copyhold tenure to any person to hold by copy of court roll unless he first obtains the consent of the Board of Agriculture and Fisheries. The Board can give or withhold their consent, but in giving their decision they must take into consideration the same points as they would if the enclosure of common land were in question. There is a great doubt if the Board would give their consent, but even if they did so the land would cease to be of copyhold tenure and would be vested in the grantee for the interest granted as in free and common socage, that is, as in ordinary free- hold, except that the lord retains his right of escheat rand is in the same position as the lord of an enfranchised copyhold. Three classes of copyholds are found — copyholds of inheritance, copyholds for life, and copyholds for years. By the custom of copyhold each of the classes .are not grantable by the lord for any greater estate than their names imply ; but the power to grant the greater will always give the power to grant the less, and therefore the lord can grant them for any less interest, should they come into his hands. 1 50 & 51 Vict. c. 73. 2 57 & 58 Vict. i;. 46. MANORIAL TENURES. 95 Any grant by the lord must be real in its nature, for a grant of copyhold by the lord to himself has been held to be void in law,^ and so is a grant to his wife. If copyholds are held for more than years they are real property ; and, if the custom of the manor is not an onerous one, they are a very satisfactory form of property to own. In many cases, however, the custom is not entirely to the tenant's advantage, and the lord reaps considerable benefit by any improvements made by the tenants, instead of the tenants taking the whole of the benefit to themselves, as would be the case on freehold lands. In consequence, copyholds have been largely enfranchised and converted into freeholds in recent years ; c.^^., from 1841 to 1891 over seventeen thousand enfranchisements were effected. 1 Christchurch, Oxford v. Duke of Buckingham, 17 C.B., N.S. 391. 2 Firebrass d., Symes v. Pennant, 2 Wils., K.B. 254. CHAPTER X. COPYHOLDS PROPER. COPYHOLDS OF IXHERITANCE. Copyholds of inheritance are those which are grant- able in fee simple according to custom. The lord, while he has them, could grant them in customary fee simple or other estate of inheritance, or he could grant them for life, or lives, or years. In any case the grant must be a customary grant only, and determinable at the lord's will according to custom ; for if they were granted for any common law tenancy greater than a tenancy at will, they would be extinguished as copyholds, and could never be granted as copyholds again. COMPARISON OF COPYHOLDS OF IXHERITAN'CE A\D FREEHOLDS. A copyhold of inheritance, though held in custo- mary fee simple, is in many ways inferior to a freehold held in fee simple, and when subject to an arbitrary fine it is usually worth about three-quarters as much as the property would be if it were freehold. The inferiority of a copyhold can be seen from the follow- ing comparison : — Copyhold of Inheritance, Freehold. Base tenure. Free tenure. Governed by custom. Governed by common law. Held of the lord of the manor. Held of the Crown usually. Many payments and services due. Fealty to the Crown the only service usual, and that not actively performed. COPYHOLDS PROPER. 97 Cot>yhold of Inheritance. Dsalings with the property limited by custom and to some extent subject to the lord's will. Powers of leasing very limited, only one year possible by general custom. Timber and minerals usually belong to the lord. Forfeiture possible for waste or failing to observe the custom of the manor. Costs much to enfranchise or make free. Improvements largely for benefit of lord if fines assessed on annual value. Descent to customary heir. Customary curtesy and freebench by special custom. Freehold. Dealings witli property unre- stricted. Powers of leasing unlimited. Timber and minerals' belong to the freeholder, Forfeiture now unknown.' Is free already. Improvements solely for tenant's benefit. Descent to heir-at-law. Common law dower and curtesy. DESCENT OF COPYHOLDS OF IXHERITAXCE. In the absence of any special custom to the con- trary, copyholds of inheritance descend according to the common law rules of inheritance. Special or particular customs are, ho-wever, commonly found, and these vary immensely in different parts of the country as well as in individual manors. In the County of Kent most of the land appears to be subject to the custom of Kentish gavelkind, by which the males of each degree take as coparceners, as before explained. Customs similar to gavelkind are also found on many manors in other parts of the country, these customs varying enormously in their incidence. 1 Forfeiture for treason and felony abolished 1870. H 98 COPYHOLDS. The custom of borough English may also be found on manors to a considerable extent. In many cases it is borough English proper, i.e., similar to the custom found in burgage tenure. Other customs are also found resembling borough English in nature, but infinite in the variety of their incidence, which have been classed under the name of junior right. These latter customs would appear to prevail extensively in many parts of Sussex, Surrey, and Middlesex, as well as in manors near London and many other parts of the country. The subject of copyhold inheritance is therefore a very complicated one, and, being probably of slight general interest, will not be more fully dealt with. If copyhold is vested in a trustee or mortgagee who dies, such trusts or mortgages devolve on his customary heir unless expressly devised ; whereas trusts or mortgages of all other kinds of property devolve on the executor, and cannot be devised. Copyhold estates piir autre vie descend to the heirs if they are mentioned, or can be left by will. Copyholds go direct to the heir on death and are not affected by the Land Transfer Act, 1897^ ; but an equitable estate in copyhold devolves, upon the death of the owner, to his legal representatives under the Land Transfer Act, and not to the customary heir.^ FREEBEXCH. By the general custom of copyholds there appear to be no incident analogous to dower of freeholds. ■i 60 & 61 Vict. c. 65. 2 Jnre Somerville and Turner's Contract, [1903] 71 L.J., Ch. 717. COPYHOLDS PROPER. 99 On very many manors, however, there is a special custom whereby the widow is entitled to an interest in her husband's land. This interest is C'alled frcebe/icli. The custom will decide the duration of this free- bench, the quantity of her late husband's property which the widow is entitled to, and the class of property that will pass to her. As a general rule, the widow's estate lasts for her life unless she marries again, when it is at once deter- mined. The quantity to which she is entitled varies according to the custom. Where the custom is as in gavelkind, she usually takes one-half ; if the copyhold is only held for life, she takes the whole ; and perhaps, in most ordinary cases, she would be entitled to one- third ; but in some manors she would take nothing, .and in others she would be entitled to the entire land for her life. Generally speaking, the widow's freebench only ■extends to the land of which her deceased husband ■died possessed, and not to other properties ; but in some manors it also extends to rents, etc., arising under leases made by him. The Dower Act, 1833,^ does not apply to copyholds. CUSTOMARY CURTESY. Common law curtesy does not apply to copyholds, nor is there any general custom in copyholds whereby a similar right can be claimed ; but by special custom a husband may be given a life estate in his late wife's property, which is called customary curtesy. 1 3 & 4 Will. IV. c. 105. 100 COPYHOLDS. Customary curtesy, or man's freehcnch as it is sometimes called, differs vastly in its incidence upon different manors, and the custom determines in every case the duration of his estate, the proportion of his late wife's lands he is entitled to, and in what tene- ments he can claim. In many cases the birth of issue is a necessary condition, and generally he can only claim in respect of that land in which his late wife had a legal estate, while the woman must have been a copyholder before she was married. This form of estate is frequently found in copy- holds for life, as well as copyholds of inheritance, so that where the wife has a copyhold for her own life, the husband has an extension of her tenancy by customary curtesy should he survive her. In the County of Kent the husband takes one-half of his wife's gavelkind tenements, but his estate is determined by a second marriage, and where the custom of borough English proper prevails, the law as to curtesy in burgage tenure is probably followed bv the custom of the manor. GrARDIANSHIP. In the absence of special custom, the guardian- ship of an infant heir follows the ordinary rules of guardianship of freehold land ; that is to say, the nearest-of-kin to whom the land cannot descend is the guardian. By the special custom of the manor, the lord may himself be the guardian or may have the right to nominate a guardian. COPYHOLDS propp:k. 101 The guai'dian of an infant must, on the infant's behalf, pay all the necessary clues and rents to the lord ; but he is not admitted, so is not liable for personal service. Guardianship appears to end when the infant attains the age of fourteen years, and when it ends the infant has the right by custom to choose another guardian. SALES OF COPYHOLDS OF IXHERITAXCE. The tenant of a customary estate in fee simple of copyholds usually has full powers of sale. There is but little, if any, difference in the sale of a copyhold and the sale of a freehold ; but it must be clearly understood that by the sale is meant merely a contract of sale, as the difference between a conveyance of copyholds and freeholds is great. The sale is made between a vendor and a purchaser in the ordinary way ; the lord is not a party thereto. The ordinary rules relating to vendor and purchaser apply. COWEYAXCES OF COPYHOLDS OF IXHERITAXCE. In the case of a sale of a copyhold of inheritance, the vendor has no power to transfer the legal estate in his land to the purchaser. The transfer can only be made through and by the lord of the manor. No tenancy can be transferred without his assent,^ and he can refuse to accept a new tenant if the conveyance is 1 Oliver V. Taylor, 1 Atk. 474. 102 COPYHOLDS. improper in its form, or if the terms on which the new tenant would be admitted are prejudicial to the lord's interests. 1 There is often a custom that the steward of the manor shall prepare all surrenders upon the manor ^; and, in such cases, the lord can refuse to accept a surrender unless it is so made. The lord can also insist upon the tenement being, properly described according to the court roll descrip- tion,^ and ma}' refuse to accept the surrender if it be to the use of any person who is not to be liable for waste, or who is to be so appointed that a larger estate will be granted than the copyholder has power tO' convey. In the ordinary case of the conveyance of copy- holds, the copyholder attends at the lord's customary court, and there formally surrenders his copyhold estate to the lord of the manor to the use of the purchaser. If the lord is not present the tenant sur- renders to the steward, or to some other person acting as steward, or to a person who is authorised to receive surrenders by the special custom of the manor. The surrender was general I3' done by the sym- bolical delivery of a rod by the tenant to the steward ; and, after the surrender was properly made, it was entered in the court rolls by the steward. In those cases where a surrender was made out of court, it was necessary that a proper presentment of the transaction should be made bv the suitors or 1 Attorney-General z' Lewin, 1 Coop. 51, 54; Flack v. Downing Coll., Canib., 13 C.B. 945 ; Snook v. Mattock, 5 A. and E. 239. 2 Rex V. RiSfie, 2 B. and Aid. 550. 3 RefJ. V. Bishops Stoke Manor, 8 Dowl. 608. COPYHOLDS PROPER. 103 homage assembled at the next court, . though some- times a special custom can be proved to present the surrender at some other subsequent court. This presentment was entered on the court rolls, and by this means a record of the surrender was always kept. If the surrender were made in court, it appeared as one of the proceedings of the court. If the surrender were made afterwards by presentment, the record of the presentment would appear. After the surrender had been made the piuxhaser could then, or at any future time, procure admittance to the land which had been surrendered to his use ; but, until the purchaser was admitted, the surrenderor remained liable to the lord for all customary services. The purchaser had to attend the court and formally take admittance to the property. The tenant might be obliged to do fealty in person, and frequently took admittance by receiving a rod, straw, and the like from the lord. On admittance the tenant paid the lord's fine, and received a copy of the court roll of his tenement, showing the surrender that had been made to his use amongst other dealings with the property. He also paid the steward's fees, and his admittance was duly entered on the court rolls. Where a purchaser was being admitted to more than one tenement, the general rule was that he must be admitted to each tenement separately, so that the titles of each property might remain distinct ; but there appear to have been some exceptions to this that have led to a good deal of confusion. 104 COPYHOLDS. The conveyance of copyholds has been much smiphfied by the Copyhold Act, 1894/ Sections 82 to 88. As the law now stands a customary court may be held for a manor by a lord, steward or deputy-steward, although there is no copyhold tenant of the manor, or although no copyhold tenant is present. A court so held is a good and sufficient customary court, except it be held for receiving the consent of the homage to a grant of common or waste land to be held by copy, but a proclamation made at the court shall not affect any person's interest unless notice is given to him within one month after the court is held. A grant of land to be held by copy or by any customary tenure (except a grant of waste land to be held by copy with the consent of the homage) can be made if the lord has power to grant it, either by the lord, steward or deputy-steward, either within or without the manor,' and either by holding a court or without doing so. Similarly a valid admittance mav be made either within or without the manor, or with or without holding a court ; and a presentment by the homage of the surrender, or other instrument or fact, by reason of which the admittance is made, is no longer essential. ^Moreover, any person who is entitled to be admitted need no longer be admitted in person, but may be admitted by his attorney, who may be appointed either orally or in writing. 1 57 & 58 Vict. c. 46. COPYHOLDS PROPER. 105 When a tenant is admitted or enrolled, the steward of the manor is bound to give him notice of his right to obtain enfranchisement, in accordance with the form given in the first Schedule to the Act, or in a form to the like effect. No charge must be made for this notice ; but, if the steward fails to give it, he is not entitled to any fee for the admittance or enrol- ment. The steward must enter on the court rolls every surrender or deed of surrender, every will, and every grant to or admittance of a tenant, so that a proper j"ecord of all changes of tenancy is preserved. Such •entries are as valid as if the}' were made in pursuance of a presentment by the homage, and the steward is entitled to the same fees in respect of them. Notwithstanding any custom to the contrarv, the lord can grant a licence to his tenant to alienate his ^uicient tenement, or any part of it, by devise, sale, to exchange or mortgage, either as a whole or in parcels, and may apportion the rent of it. The licence must be in writing and entered on the court rolls, but only the lord can give it, except where he specially .authorises the steward to do so in writing. An order for the partition of copyhold or customary tenure can be made in the same way as an order for the partition of freeholds. This is clone by an action in the Court of Chancery. Section 30 of the Conveyancing and Law of Property Act, 1881 (which provides that where an estate of inheritance in any tenements or here- ditaments is vested in trust or by way of mortgage in .any person solely, such estate shall devolve on his 106 COPYHOLDS. personal representative on his death, notwithstanding any testamentary disposition) does not apply to copy- holds ; but if the tenant owns such land on trust, or by way of mortgage, it will pass on his death to his heir or devisee. CONVEYANCE OF COPYHOLDS WHEN ENFRANCHISED. After a copyhold has been enfranchised, it is. conveyed similarly to an ordinary freehold. If the enfranchisement were made at common law, the manorial title becomes the title to the enfranchised copyhold ; but if the enfranchisement were made under the Copyhold Act, the enfranchised copy- hold continues to be held under the same title that the old copyhold was held under prior to enfran- chisement. In either case, however, the question of title must be taken for granted ; for by Section 3, Sub-section 2, of the Conveyancing and Law of Property Act, 1881,^ where land of copyhold or customary tenure has been converted into freehold by enfranchisement, then, under a contract to sell and convey the freehold, the purchaser shall not have the right to call for the title to make the enfranchisement. In sales of enfranchised copyholds, therefore, the usual practice is to make the enfranchisement deed the root of title ; and where the enfranchisement was at common law and the lord's title was investigated, or where the enfranchisement was under the Acts, this is of the greatest fairness to the purchaser. 1 44 & 45 Vict. c. COPYHOLDS PROPER. 107 MORTGAGES OF COPYHOLDS. The owner of a copyhold of inheritance has the right to mortgage his property to another. This he does, as a rule, by means of an equitable mortgage. A deed is prepared whereby the borrower deposits with the lender the copy of the court roll and the other muniments of title relating to the property, and enters into a covenant to surrender his property to the use of the lender, which will operate at once if the interest be unpaid or the mortgage deed be broken. This conditional surrender is entered upon the court rolls of the manor ; and in the event of the provisions of the mortgage deed being broken, the copyhold becomes surrendered and the mortgagee can take admittance. If a legal mortgage were desired, it could only be made by the surrender of the copyhold to the lord of the manor, and the admittance of the lender by the lord of the manor. This would result in much needless trouble and expense ; as when the money was paid off there would have to be a re-surrender to the use of the mortgagor, who would have to be admitted afresh, and all fines and fees payable for the surrender and admittance would be unnecessarily incurred twice over. Under the present system of an equitable mortgage, when the money is paid off, the conditional surrender is entered as satisfied, and the sole expense is that of two short entries on the i^olls. By general custom the surrenderee must present at the next court that is held, and the equity of redemp- 108 COPYHOLDS. tion is governed by the same custom as the legal estate. Special customs may, however, alter this, and may prove a duty to present at a later court. LEASES OF COPYHOLDS OF IXHERITAXCE. The powers of a copyhold tenant to grant leases. of his copyhold estate are, as a rule, very limited. By the general custom of copyholds he can only let it for one j'ear, unless he obtains the lord's licence to grant it for a longer period. There may be a custom of the manor by which the fine payable to the lord in respect of this licence is fixed in amount, or is limited to a low rate ; but, on the other hand, there may be no custom with regard to the matter, so that the lord can ask what he pleases as a condition for his consent. There is sometimes found a special custom enabling the tenant to grant leases for terms of considerable length without the licence of the lord ; e.g., for nine, twelve, or twenty-one years. In any case, where the tenant wishes to grant a lease in excess of the powers which the custom gives him, he must obtain the lord's licence in order to make the grant, and must pay such fines as the custom requires or permits. The lease must not be for a longer term than the licence warrants, or it will be void, but a lease for any less time is good.^ An example of a special custom as to leasing may be quoted from one of the manors near London. On certain tenements within this manor a copyholder may lease for terms not exceeding thirty-one years and four 1 Jackson v. Neal, Cro. Eliz. 395 ; Worledjie v. Beiibiiry, Cro. jac. 436. COPYHOLDS PKOPER. 109 months without hcence, provided that such lease is presented to the homage at a general court baron held of the manor within one year of the date of the lease. If this condition is not fulfilled the lease is. void from its commencement. If it is desired to lease- for a longer period, the lord's licence is necessary, and a fine is fixed at one shilling per tenement for each year of the term exceeding thirty-one years and four months. Any custom preventing the lord from granting a licence to alienate is bad since the Copyhold Act, 1841^ ; but, generally speaking, the lord's licence will only continue during the continuance of his own estate.^ Where the lord is tenant for life of a settled manor,, he has the same power to grant a licence as a tenant for life has to grant a lease under the Settled Land Act, 1882,^ /.('., to grant a licence for a lease of ninety- nine years for building purposes, or sixty years for mining purposes, or twentj'-one years for occupation pvirposes; and he can, in some cases, obtain the consent of the High Court to grant licences for building leases for longer terms. In the granting of leases, as in other things, the tenant is bound to obey and observe the custom of the manor ; and if he does not do so, or if he commits waste, or creates an estate in the land which is not authorised by custom or by the lord's licence, his estate will be forfeitable to the lord of the manor. 1 4& 5 Vict. u. 35. 2 Petty V. Evans, 2 Broivnl. 40. 3 45 & 46 Vict. c. 33. 110 COPYHOLDS. The lease is good, however, as between the lessor and the lessee, and all others except the lord."^ If a lease be made by a copyholder, with the lord's licence, a subsequent forfeiture by the copyholder does not destroy the term that has been granted by such lease.^ A lease by a copyhold tenant for a period longer than the custom warrants is not absolutely void against a stranger, but is a ground of forfeiture of which the lord alone can take advantage.^ In a case where a copyholder demised for one year, and thence from year to year for the term of thirteen yeai'S more, if the lord would grant a licence, so that the copyhold should not be liable to forfeiture, it was held that the lord's licence was a condition precedent to the further term of thirteen years, and the lord refusing to give such licence, the assignee of the lessor could recover in ejectment after six months' notice to •quit.* A mandamus will not go to compel the lord to grant a licence to a copyholder to demise, on an alleged custom that the tenant can demise for three vears without licence, and that for licence to demise ■during a longer term the lord should have a sum ■certain every year of such term.^ WILLS OF COPYHOLDS OF INHERITANCE. By the custom of most manors the tenants appear to have had the right to make a will, but by the 1 Doe d. Tresidder v. Tresidder, 1 G. and D. 70. 2 Clarke v. Arden, 16 C.B. 227. 3 Doe d. Robinson v. Bousfield, 6 Q-B. 492. ^ Doe d. Nunn v. Lufkin, 4 East. 221. = Reg. V. Hale, 19 A. and E. 339. COPYHOLDS PROPER. Ill particular customs of some manors there was no such right ^ or the right was hmited. In order to make a will, the copyholder had to surrender his tenement to the use of the will, and a custom that copyholds should not be surrendered to the use of the will was held bad.^ When a copyholder died, his estate descended to his heir, subject to the right of the devisees to be admitted.^ The surrender to the use of the will only operated on the estate which the copyholder surrendered, and did not pass lands subsequently acquired by him.* The surrender to the use of the will appears to have been a complicated subject. The estate remained in the copyholder, and he could apparently sell it, and surrender it to the use of the purchaser without revoking the first surrender that he had made.^ This is now only a matter of history, for the Wills Act, 1837,^ provides that all real estate of the nature of customary freehold, or tenant right, or customary, or copyhold, may be devised notwithstanding that the testator may not have surrendered the same to the use of the will ; or if entitled (as heir, devisee, or otherwise) to be admitted, he shall not have been admitted ■I thereto ; or that the same could not have been devised by reason of the want of a custom to devise or surrender to the use of a will or otherwise ; or that there was a custom that a will, or the surrender to the 1 Nicholson v. Nicholson. 1 Tarn. 319. 2 Pike V. White, 3 Bro. C.C. 286. 3 Rex V. Wilson, 10 B. and C. 80. ^ Doe d. Ibbot t'. Cowling, 6 T.R. 63. s Fitch V. Hockley, Cro. Eliz. 442. « 1 Vict. c. 26. 112 COPYHOLDS. use of a will, should continue in force for a certain time only ; or any other custom pre\enting the free disposition by will. Since this Act, therefore, a copyhold may be left by will in a similar way to the freehold. SETTLEMENTS OF A COPYHOLD OF INHERITANCE. The tenant of a copyhold of inheritance can make settlements of his property, and even entail it, provided there is a custom to «'arrant such dealings.'- The general rules relating to the custom of settle- ments and entails of freeholds will apply in respect of copyholds. The entail of a copyhold can by the Fines and Recoveries Act, 1833,^ be barred by a surrender to the lord of the manor, and by a re-grant by him discharged of the tail ; but the consent of the protector is necessary if the estate is not in possession, and this can be given bj' deed or by his concurrence in the surrender if the transaction is entered in the court rolls. A deed intended to operate as a disentailing assur- ance of copyholds must, in order to be operative, be an actual disposition and not a mere declaration of trust, and must be entered on the court rolls of the manor within six months of its execution.^ And in order to bar an equitable estate in copyholds under 3 & 4 Will. IV. c. 74,* such deed must be entered on the court rolls within six months of its execution.^ 1 Doe d. Crow ti. Baldwere, 5 T.R. 104. 23 &4 Will. IV. u. 74. ■'' Green v. Paterson, 56 L.J., Cli. 181 ; Honywoodt'. Forsler, 30 L.J., Ch. 930. ^ The Fines and Recoveries Act, 1833. ^ Gibbons v. Snape, 1 De G. J. and S. 621. MAXORIAL TENURES. 113 COPYHOLDS FOR LIVES. Copyholds for lives are those which cannot be granted by the lord for a greater period than life. Customs relating to the grant vary greatly, and in many cases give the lord the power to grant for several successive lives, or for a single life with a right of renewal, by means of which the copyholder, by paying a fine of fixed amount, can continue the tenancy indefinitely. In some cases also, the tenant has the right to nominate his successor, and this resembles the tenant's right of i-enewal. In either of the two last- named cases, it is a very satisfactory form of tenancy to hold, and it has been styled quasi copyhold in fee. In the Western counties of England copyholds for lives are very common, especially upon manors belonging to Ecclesiastical Corporations, and it is not unusual to find copyholds for lives and copyholds for inheritance grantable upon the same manor. The Ecclesiastical Corporations frequently grant their lordship to a lord farmer for a term of years, who grants the land to the tenants and takes the profits arising therefrom. In the North of England some of the tenant right estates appear to be held for life only, usually for the joint lives of the tenant and the lord who admits him, the heirs of the tenant having, as a rule, the tenant right of renewal. Where a copyhold was granted for the life of A (the tenant), and B and C (other persons), and A died intestate, it was held that his administratrix was entitled to have the estate during the lives of B and C.^ 1 Howe V. Howe, I Vern. 415 : Withers v Withers, Amb. 151. 114 COPYHOLDS. But a copyhold granted for successive lives passes in succession, as a rule, though a custom can be proved to give the first owner absolute power to dis- pose of the estate in his lifetime.^ COPYHOLDS FOR YEARS. This class of copyhold is grantable for a term of years only, and for no greater estate. The custom of the manor will define the term of years that can be granted ; twelve years is a common term. In many cases the tenants have a right of renewal, on payment of a fixed fine, and this right often descends to their heirs. In all cases, where there is a right to renew a copy- hold granted for a term of life or years, the renewal fine is fixed and certain ; and provided that a tenant can, in addition to this, prove that there has been a constant usage of I'enewal over a prolonged period, he can insist upon his right. These fines for renewal were fixed at a period when the value of money was great, and therefore they are commonly of very small amount compared with the value of the property. A copyhold tenancy for years, renewable by the tenant on payment of such a fine, is a valuable property to possess. 1 Rundle V. Rundle, 2 Vern. 264 ; Phillips v. Ball, 6 C.B.. N.S. 811. CHAPTER XI. INCIDENTS OF COPYHOLDS. On copyhold property there are numerous incidents which are governed by the custom of the manor, and are to some extent peculiar to this class of tenure. They are of considerable interest, and will be dealt with under the following headings : — The Copyholder's Services. The Tenant's Right of Possession. The Liability for Repair. The Lord's Right of Forfeiture. The Lord's Right of Escheat. The Custom as to Trees and Mines. Rights of Common on Manorial Waste. THE COPYHOLDER'S SERVICES. The copyhold tenant, in consideration of his tenancy, has to render various services to the lord ■of the manor. At first, these services, as has been already shown, were of a base and uncertain character ; but, by degrees, they have to a great extent become certain by custom. Many of them have been commuted from a personal service to a money payment ; many have lapsed through non-observance, and all become ex- tinguished when the tenement is enfranchised, or when it ceases to be held according to the custom of the manor. The whole question is one of custom ; and, there- fore, the services that are due, and the incidents of 116 COPYHOLDS. each, differ immensely in different cases, but the chief habihties may be summarised as follows : — 1. To pay a fine to the lord of certain or uncertain amount upon various occasions or for additional privileges. 2. To submit to the lord taking a heriot upon the happening of certain events. 3. To pay a relief to the lord on such occasions as the custom requires. 4. To pay an annual rent to the lord. 5. To swear fealty to the lord. 6. To observe suit of court. THE lord's P'IXE. The lord's fines may be classified under three head- ings, according to the times when they are payable, VIZ. : — (a) Fines payable for admission ; (b) Fines payable upon the death of the lord ; and (t) Fines payable for the lord's licence to do something which the custom does not otherwise allow. Any of these fines may, by custom, be either fixed or uncertain in amount ; that is, they may be fines certain or fines arbitrary. FINES CERTAIN. A fine certain is one which consists of a certain definite suni of money, or a sum of money which can be ascertained from some fixed standard, so that the amount can be found quite independently of the will of the lord, and is reducible to a certainty ; for instance, a fine of so much per acre. Any fine which can be fixed by the homage, or by a person appointed INCIDENTS OF COPYHOLDS. 117 to fix it in case of dispute between the lord and the tenant as to its amount, is, properly speaking, a fine certain. Where the fine certain is of fixed amount, or calculated at so much per acre and the like, it is generally a small sum of money, owing to the value of money at the time it became fixed. It can only exist where there is a special custom to warrant it, which can be proved by entries in the court rolls, ^ and in the case of copyholds for lives or vears, where there is no custom of renewal, a fine certain is impossible.^ FINES ARBITRARY. A fine arbitrarv is one which is not of fixed amount, but which is dependent upon its assessment by the lord or steward of the manor. It is, as a rule, dependent by custom upon the annual value of the property, and frequently amounts to a very consider- able sum. In all cases it must be assessed and demanded before it can be recovered, and it must be reasonable.^ What is a reasonable fine is a question for the Court, and it is the copyholder's duty to show that it is unreasonable.'* In many cases a ma.ximum limit is fixed by custom, but the reasonableness of the custom may be tried. The question is best considered with regard to the various classes of fines. ADMISSION FIXES. The custom as to admission fines varies consider- ablv. In some cases they are, by special custom, 1 Allen V. Abraham, 2 Bulst. 32. ^ Wharton v. King, 3 Ansl. 659. 3 Hayward v- Raw, 30 L.J., Ex. 178. ^ Doe d. Twininf* v. Muscott, 14 L.J., Ex. 185. 118 COPYHOLDS. certain in amount ; otherwise an arbitrary tine is due. As a rule a tenant has to pay a fine for his admittance to every tenement, and one fine cannot be assessed upon the admission of a tenant to several copyhold tenements.! In some cases a fine is only due on admittance after alienation or devise, and not upon an inheritance ; in others a fine arbitrary may be due in one case and a fine certain in another, while the custom may show a smaller fine to be payable for an admission after death than that which is paj'able on an admission after alienation, and vice versa. If the fine is arbitrary, it must, as has already been shown, be reasonable in its amount, and the question as to what is a reasonable fine is fairly well settled. The present rule dates from 1677, when it was decided by Lord Nottingham, in Morgan v. Scnd- ainorc ,^ that a fine of two years' improved value of the tenement was the proper limit for an arbitrary fine. This applies for the admittance of a single life where a fine is due by custom for every admission. It has been approved on many occasions. For instance, it has been held that a custom to take ten per cent, on the purchase-money cannot be good, as a fine can never exceed two years' purchase on admission, and that if the tenant paid more upon compulsion, he could recover any amount beyond the two years' purchase.* A custom, that the lord is not restricted in amoimt to any number of years' purchase of a copyhold tenement has been held had and unreasonable.* 1 Grant v. Astle, 2 Douijl. 7ZZ. 2 2 Rep. in Ch. 133. 8 Leeke v. Lord Pifiot, 1 Sehv., N.P. 87. i Douglas V. Earl Dysart, 10 C.B.. N.S. 088. INCIDENTS OF COPYHOLDS. 119 It would appear that where an arbitrary fine is clue on every purchase, but not upon descents, the amount of the fine could be increased in due propor- tion ^ ; and it has been clearly decided that the fine can be greatly increased where it is due only on a first admission to a manor. In some cases the lord may have a claim to more than one fine upon the admission of a tenant, and the question becomes one of no little complexity. Thus, where a copyhold tenement was conveyed in several parcels to different persons, and some of these afterwards devolved upon one man, the lord was held entitled to insist on a separate admission to each parcel with separate fines and sets of fees.^ Where a person, entitled as copyholder in fee, died before he was admitted, and devised his property to his eldest son, the lord was held to be entitled to two fines — one for the admittance of the father and one for the son.^ In another case there was a sale by trustees under the Settled Land Acts, and it was shown that the trustees had not been admitted. The lord claimed a fine on the admission of the purchaser, and also what would have been payable if the trustees had been admitted. It was held that he could only recover the fine for the admittance of the purchaser, and not for that of the trustees.* The fine becomes due on admittance, and not before. If it is a fine certain, the tenant must pay it 1 Scriven, Cop. 319. 2 Traheriie v. Gardner, 3 El. and Bl. 913. 3 Lord Londesborough v. Foster, 3 B. and S. 805. ^ 111 re Naylor v. Spendla's Contract, 56 L.J., Ch. 453. 120 COPYHOLDS. immediately after admittance. But, in all cases of a fine arbitrary, the tenant will be allowed a reasonable time for meeting the lord's demand, and for pleading that it is an unreasonable demand.^ The right of the lord of the manor to a fine arbitrary accrues at the date of the admittance of the copyhold tenant, and the lord's action of debt to recover such fine is barred by Section 3 of the Civil Procedure Act, 1833,^ unless brought within six years from the date of admittance. The lord cannot, by delaying to assess and demand the fine for upwards of six years after admittance, prevent the operation of the Statute.3 LARGE FIXES PAYABLE ON FIRST ADMISSION ONLY. In those cases where a fine is payable on admit- tance to the manor, but no further fine of large amount becomes due, if the tenant purchases other properties on the same manor, a custom to take a fine of four, five or even seven years' value has been held reasonable,* though a custom that the lord could claim what fine he pleased was held bad.^ In such case, if many tenements are purchased or devised, there is no copyhold law to show that the purchaser or devisee can claim to be admitted to one tenement only, and subsequently to the others ; but a special custom that 1 Hobart v. Hammond, 4 Rep. 27b ■•! 3 & 4 Will. IV. i;. 42 s Monckton i>. Payne, [1899] 68 L.J. Q.B. 951. ^ Kine V. Dillintiton, 1 Freem 494, 496. " Douglas V. Earl Dysart, 10 C.B., N.S. 688. IXXIDEXTS OF COPYHOLDS. 121 he must be admitted to all at the same time, and pay a fine in respect of all, is good, and may be proved.^ The first purchase of a \'aluable property on any manor where the above custom prevails means, there- fore, a heavy expense to the purchaser ; and as the custom is found on several manors near London, where property is very valuable, purchasers have endeavoured to evade the expense by first purchasing a small property, and then the valuable one they desired. No doubt this practice was greatly to the lord's detriment, though it is difiicult to see how it could be prevented by him, if the first purchase was bond fide. A recent case may assist to put a stop to this practice, as it has been held that, in assessing the amount of the fine which would be reasonable in any particular case of this kind, regard should be had to the value of the property purchased, and to the pro- bability of its being purchased to enable the purchaser to avoid paying an arbitrary fine, on being afterwards admitted to other property of greater value.^ In this case it was shown that, by the custom of the manor, if a stranger purchased a copyhold property, he paid to the lord^ on admittance an arbitrary fine, which was assessed with reference to the yearly value of the property ; but if a copyholder purchased additional copyhold property, he only paid a nominal fine. The defendant was a stranger to the manor, and had agreed to purchase a large copyhold property. He then, in order to avoid payment of the arbitrary ^ Johnstone v. Earl Spencer. 30 Ch. D. 5S1. ■'= Attorney-General v. Sardover, [1904] 73 L.J. K.E. 478. 122 COPYHOLDS. fine in respect thereof, agreed to purchase from a copyholder a small cottage for a certain sum. The terms of this bargain were that the defendant would re-convey the property after three months, that the vendor should collect and retain all rents received while the defendant held the cottage, and should pay all outgoings ; and that, in case the defendant should wish to keep the cottage, he should pay a certain further sum to the vendor. The cottage was there- upon surrendered in favour of the defendant, and the lord admitted him as tenant thereof on payment of an arbitrary fine. The defendant then completed his purchase of the larger property, and was admitted tenant thereof, on payment of a merely nominal fine. It was held that the agreement for the purchase of the cottage by the defendant was merely a colourable pretence, that the lord was entitled to be put in the same position as if he had never admitted the defendant as tenant of the cottage, and that the defendant must pay the lord an arbitrary fine in respect of the larger property. FINES ARBITRARY PAYABLE OX ADMISSION OF JOINT TENANTS. Where several tenants are admitted to a copyhold property, the lord will not obtain another fine until the death of the last of them, owing to the right of survivorship that is vested in them. The lord is, therefore, in a far worse position than he would be by the admittance of a single life, and is entitled to be paid a larger amount. INCIDENTS OF COPYHOLDS. 123 In manors where it is the custom to take a fine of two years' vahie for the admission of a single life, if several lives to hold in succession are admitted, it has been held reasonable to take two years' purchase for the first life, half what was paid for the first for the second, half what was paid for the second for the third, and so on in a descending series, so that the total fine would approximate to, but never reach, four years' full improved annual value of the property. This method was approved in the important case of ]\'ilsoii v. Hoarc^ and in Sheppard v. Woodford}' In the first of these cases fourteen trustees were admitted, and it was held that a fine of £5,657 19s. was imreasonable, and that the method above described was the proper one to adopt ; but as in that particular case, owing to a decree of the Court, a further appoint- ment and an entirely fresh admittance must be made on the death of nine of the trustees, for which another fine would be assessed, some allowance should be made on that account. In the ordinary way the admittance of one of several joint tenants operates as an admittance of all^; but, where there is a special custom of a manor, by which one only of several joint tenants of a copy- hold can be admitted, and only one fine is payable on such admittance, this is a special circumstance which excludes the general rule ; and, in case of a devise to joint tenants, such custom is not bad as restraining the 1 2 B. and Ad. 350. 2 9 L.J. Ex.90. s Bence v. Gilpin. L.R. 3 Ex. 76. 124 COPYHOLDS. power given to testators by Section 3 of the Wills Act, 1837/ to devise their copyholds without stint.^ One joint tenant can release his share in the tenement to one of his co-joint tenants without a fine being payable ; and, if a joint tenant dies, the others succeed to his share, so no fine is due. But, if joint tenants combine to sell their property, only one fine is paj'able by the purchaser ; and on some manors a fine is due if one joint tenant sells his share. FIXES ON ADMISSION OF LIVES IN REMAINDER. According to the general rule, an admittance of a particular tenant is the admittance of all others who may be entitled in remainder,^ and the lord may assess the whole fine*; but in some cases all are admitted at the same court, and a fine assessed as for joint tenants is reasonable.'' In either case no further fine is usually paid by the remaindermen, though there may be a special custom to the contrary, and a separate admittance with separate fines can be demanded.^ FINES ON ADMISSION OF COPARCENERS. When coparceners are admitted to a manor, they take as one heir, by one title, and are entitled to be admitted upon payment of one fine and one set of fees,'' and if one releases to another no fine is due. 1 7 Will. IV. and 1 Vict. c. 26. '' Howards. Gwynn. [1901] 84 L.T. 305. ^ Fitch V. Stuckley, 4 Rep. 23a. ^ Lord Kensington v. Mansell, 13 Ves. 246. = Richardson v. Kensit, 12 L.J. C.P. 154. " ReiJ. V. Woodham Walter Manor, 10 B. and S. 439; Dean of Elv t'. Caldecott, 8 Bing. 439. 7 Rex V. Bonsall, 4 D. and R. 825 INCIDEXTS OF COPYHOLDS. 125 But if a coparcener dies, and another becomes entitled by descent, another fine will be due in respect of the property which passes. When coparceners combine to sell their property to another, the purchaser will only pay one fine for admittance ; and it seems that if one of them alienates his share, a fine may be due by special custom.-^ FIXES ON ADMISSION OF TENANTS IN COMMON. Every tenant in common holds by a separate title and in a separate right, and so each must be admitted separately, and must pay a separate fine and a separate set of fees in connection with his admittance to his share.^ If one of them dies or alienates his property, the incoming tenant must be admitted, and must pay a fine and a set of fees in respect of the share to which he is admitted. If several tenants in common join in selling their property, the purchaser must be separately admitted to each share, and must pay a fine and a set of fees in respect of each share. For instance, where copyhold land was devised to A for life, with remainder to five persons as tenants in common, and A died after being admitted, whereupon the five tenants in common sold their property and severally surrendered their shares to the use of B, it was held that B must pay five fines and five sets of fees, and that the admittance requii-ed five stamps.^ 1 Scriven, Cop. 377. 2 Fisher v. Wigg, 1 P. Wms. 14, 21. s Reg. V. Eton College, 8 Q.B. 526. 126 COPYHOLDS. THE MODE OF ASSESSING FIXES ARBITRARY. Generally speaking, the assessment of a fine is in the form of a sum of money, representing that number of years' full improved annual value of the property which the custom of the manor allows. But where it was the custom to take a reasonable fine on admission, and the lord described the improved annual value for a certain number of years without stating the amount of the fine, it was held to be recoverable.^ The improved annual value of the property is what it will let for at the time when the assessment is made. In making the calculation the amount of the quit rent should be deducted,^ and if there are buildings the annual cost of keeping them in repair^; and it would appear that the cost of putting the premises in repair, for the purpose of letting, may be considered, but no allowance should be made in respect of land tax or ■other similar charges.'' The rent reserved in a lease of copyhold property is not conclusive as to the amount of fine payable to the lord, for the tenant may show that the actual value of the property demised is less than the rent reserved, and the fine must be estimated according to the improved value.^ Conversely, it is presumed that the lord could show that the rent of the tenement demised was less than its annual value. 1 Fraser v. Mason, 52 L.J. Q.B. 643. 2 Grant v. Astle, 2 Dougl. 722. 3 Richardson v. Kensit, 12 L.J. C.P. 154. < Grant v. Astle, 2 Dougl. 722. * Earl Verulam v. Howard, 9 L.J., O.S., C.P. IXCIDEXTS OF COPYHOLDS. 127 FIXES DUE ON DEATH OF LORD. In many of the manors in the Noi'th of England, the copyhold tenements are held for the joint lives of the tenant and the lord who admits them. In these cases, a tenant not only has to pay a fine when he is admitted ; hut, if a lord dies, and a new lord succeeds, a general fine is levied upon every tenant of the manor. This custom is a perfectly good one, and applies even when the manor has been sold by the lord during his lifetime.^ The rules as to the amount of the fine are the same as those applying to fines paj'able for admission. FIXES PAYABLE FOR LICENCES. Where a copyhold tenant desires to exercise greater privileges than he is allowed by the custom of the manor, it is possible for him to apply to the lord for his permission, and to take a licence for the purpose. The most usual circumstance is when the tenant wishes to let his land for a longer term than the custom permits, or to sell his land when the custom prohibits alienation, or when he wishes to fell timber beyond the amount to which he is entitled by custom. On such occasions the lord grants the licence, if he sees fit, upon payment of a fine ; and, the whole matter being one purely of agreement, there is no limit, as a general rule, to the amount that the lord may demand for his permission. In some cases, however, there is a custom applic- able to the matter, and the tenant may be able to prove a custom to sell or demise for a certain period 1 Lowther V. Raw, 3 Bro. P.C. 451. 128 COPYHOLDS. on payment of a fine certain ; while no fine can be claimed for the right to sell, or to let for a year, unless there is a special custom to prove it. If there is such a custom, the fine, if not paid, can be recovered by action.^ UNLIMITED FINES ARBITRARY. In the case of a grant of copyholds for life or for years, if there is a custom to renew, the fine payable to the lord is always certain in its nature.^ Where there is no custom to renew, the grant of copyhold comes to an end as soon as the life or lives for which it is granted expires, or as soon as the number of years runs out. The property returns into the lord's hands, and can be granted out again by him as he thinks fit, so far as the custom allows. The fines payable in such cases are always arbi- trary, and in the absence of special custom it would appear that there is no limit as to what the lord can demand. It is purely a matter of arrangement between the lord and the prospective tenant, for the lord owns the land entireh', and could sell it or lease it as free- hold if he saw fit. HERIOTS. The taking of a heriot is the right of the lord to enter upon the tenant's land, and to take something belonging to the tenant upon the happening of certain events. The word heriot appears to be used to indi- cate either the thing taken or the right to take it. 1 Yaxley v. Rainer, 1 Ld. Raym. 44. 2 Wharton v. Kina, 3 Anst. 659 ; Abergavenny f. Thomas, 3 Anst. 668n. INCIDENTS OF COPYHOLDS. 129 There are thi-ee kinds of heriots — heriot-service, suit- hcriot and hcrioi-custoin, the last-named only being usual on copyhold land. HERIOT-SERVICE. Heriot-service is of the nature of a rent, and con- sists of the lord's right to seize the best beast or chattel of a tenant who dies possessed of an estate of inheritance. It is found upon fee simple tenancies of freehold lands which were granted prior to the Statute of Quia Emptores, 1290.^ The property in the heriot vests in the lord imme- diately on the death of the tenant, and the lord can seize his property wherever it may be, even if it has been given away or sold, unless it has been sold in market overt. If the lord cannot recover the heriot, he can distrain for it, but the distress can only be made upon the land granted to the tenant. The lord can recover his heriot, or distrain for it, within six years of its becoming due, but his right of taking a heriot is not barred by failure to take for twenty years, even if he neglected to do so on the last occasion.^ SUIT-HERIOT. Suit-hcriot may be regarded as an additional rent, which becomes due at such times as may be agreed. It is created upon the grant or lease of freehold land in modern times, and is reserved like a rent. It is 1 18 Etlw. I. 2 Lord Zouche v. Dalbiac, L.R. 10 Ex. 173. 130 COPYHOLDS. not limited to any particular class of beast or chattel, and it would seem that the lord cannot seize it, but can only distrain or bring an action for its non- payment. HERIOT-CUSTOM. Heriot-aistom differs considerably from the two classes of heriot before alluded to. It is not of the nature of a rent ; it is only found on copyhold and customary freehold lands, and it is merely a customary incident and not part of the actual tenure. It is the right which the lord has by the custom of the manor to the property in some animal, bird, or chattel which belonged to the tenant, upon the happening of certain events. The proper method of recovery is by seizure, Avhich is always possible except when the animal or other heriot has been sold in market overt, and the lord cannot distrain for heriot-cvistom unless there is a special custom of the manor which authorises him to do so. Generally speaking, a heriot is due in respect of every tenement on the happening of the event upon which it becomes due ; but in some cases there is a special custom by which only one heriot is due, irrespective of the number of tenements which the tenant is possessed of. THE NATURE OF HERIOT-CUSTOM. The most usual heriot due to the lord is the best beast of the tenant ; but custom varies considerably upon the point, and such things as the second best beast, the best cloven-footed animal, the best bird, the best piece of dead goods, and such like, are met with. INCIDEXTS OF COPYHOLDS. 131 In some cases the heriot has been commuted into a money payment ; and where these commutations are of ancient date, the amount is generally a small one ; but in order to prove this there must also be a custom ■of distress, which must be alleged positively and not merely by inference. A commutation would appear to be the only way in which the right to make a money payment can be •claimed, except where the lord or steward assesses the value of the heriot, for a custom for the homage to assess the compensation in lieu of a heriot has been held invalid.^ WHEN HERIOT-CUSTOM IS DUE. A heriot is visually seizable on the death of every tenant upon the manor, and in respect of every tene- ment of which he dies seized, though a special custom is sometimes found whereby only one heriot is due ■on the death of a tenant, irrespective of the number ■of tenements he holds. Sometimes, also, a heriot is due by custom only in respect of those lands of which the tenant is solely seized at the time of his death ; i.e., not in respect of land held in joint tenancy, tenancy in common, or coparcenary. In such a case it has been held that, where a tenant in fee simple had by deed mortgaged his tenement and died without redeeming the mortgage, he remaining in possession of his land, no heriot was due upon his death, as he had no legal seizin when he died.^ A 1 Basingstoke Corp. v. Bolton, 1 Drew 270. 2 Parker v. Ratcliffe, 1 Bos. and P. 282. ^ Copestake v. Hoper, [1908] 17 L.J., Ch. 610, reversing decision in Court below. 132 COPYHOLDS. heriot is only due upon the death of him who has the legal estate in the land, and not upon the death of one' who has the equitable estate.^ A heriot is also frequently due by custom w^hen the tenant alienes his land, and on some manors a heriot can be claimed upon various occasions, such as the birth or marriage of the lord's eldest son, the death of the lord, and such like. HERIOT-CUSTOM IN THE CASE OF UNDIVIDED TENANCIES. Where tenants hold imdivided shai'es, the rules as. to the payment of heriots depend upon the nature of their titles. Thus joint tenants and coparceners, having but one title and being admitted as one, will only pay one heriot. Tenants in common, on the other hand, being separately admitted and having separate titles, will have to yield one heriot each. In any case, should an action for partition be brought, or the shares in any way be converted into ownership in severalty, multiplication of heriots will result. In the case of death of a joint tenant, as there is no fresh admission and the others take his share among them, no heriot would become due ; and the same applies to a coparcener, provided the estate in both cases is not turned into a tenancy in common or in severalty. But should a tenant in common die, a heriot will be due. In the case of alienation of his share by a joint tenant or coparcener, it seems that a heriot may be due by special custom ; but when joint tenants, 1 Trinity Coll., Cambridf^e v, Browne, 1 Vern. 441. INCIDENTS OF COPYHOLDS. 133 coparceners or tenants in common join in selling their land as one tenement to another, it remains one tenement, and only one heriot will be payable in the future.^ Thus where a copyhold was held by several tenants in common, the lord was entitled to a heriot from each of them ; but as soon as the several interests Avere re-united in one person, one heriot only was payable.^ MULTIPLICATION OF HERIOTS. In those cases where a copyholder divides his tenement into several parcels, which he sells or devises to different persons, the tenement is split up into several tenements. Each tenant will then have to be separately admitted, and a heriot will in future be due from each portion of the original tenement. In this way the lord will benefit by the multiplication of heriots. THE TAKING OF HERIOT-CUSTOM. On the death of the tenant or the happening of any other event which causes a heriot to become due, the property in the heriot at once vests in the lord of the manor, and the lord has the right to seize it wherever it may be, and whether it is found in or out of the manor, and he has a right of action against any person misappropriating it.* But where the customary heriot is a best beast, and the tenant dies possessed of several beasts, no property 1 Padwick V. Tyndale, 1 El. and El. 184 ; Garland v. Jekyll, 3 Bing. 273. 2 Hollowayv. Berkeley, 5 L.J., O.S., K.B. 1. 8 Western v. Bailey, [1897] 66 L.J. Q.B. 48. 134 COPYHOLDS. in any specified beast will vest in the lord before he has made his selection ; and in a case where there were five beasts due to the lord, and he selected seven, it was held that he had no property in any five of th em 1 If the heriot is a best beast, and the tenant dies possessing no beast at all, the lord's right will be defeated^ ; and if the lord once makes his selection, he is bound by it, even if there was a superior beast of which he had no knowledge.^ If the tenant bequeaths his beast to another, it will not defeat the lord's title ; but a sale in market overt by the executors will have that effect, and prevent the lord from seizing that particular beast. EXTINGUISHMENT OF HERIOTS. Enfranchisement of the land, or a destruction of the copyhold tenure, or enfranchisement of the heriot, will extinguish the lord's right to take a heriot. The lord cannot seize a heriot after six j^ears from the time it was due ; but if no heriot is taken for twenty years, that will not extinguish the lord's right to take one, whether one became due during that period or not. RELIEFS. Reliefs are payable by the tenant to the lord on the happening of certain events, usually upon an inherit- ance or upon a purchase, and greatly resemble fines certain. In fact, the customary fine due upon a 1 Abington v. Lipscombc, 10 L.J. Q.B. 330. 2 Shaw V. Taylor, Hob. 176. 3 Odiham i'. Smith, Cro. Eliz. 5S9. INCIDENTS OF COPYHOLDS. 135 purchase is termed a relief in some manors. They are usually limited to a very small sum, such as one year's quit-rent. If a relief is not paid, the lord's proper procedure is to bring an action for its recovery, and distress can only be resorted to when there is a special custom to authorise it.^ Reliefs, like heriots, do not become due upon the death of one of several joint tenants or coparceners, but it is presumed they would be due on inheritance of the share of one of several tenants in common. QUIT-RENTS AND CHIEF-RENTS. Quit-rents and chief-rents are annual payments of small amount due from the copyhold tenant to the lord, and may be regarded as similar to ordinary rents. The lord can recover them by distress or by action up to six years' arrears, but non-payment for twelve years will bar the lord's right of recovery.^ It must not be supposed, however, that non-payment for a long period would necessarily destroy the copyhold tenure, for the rents are usually of quite small amount, and often not worth collecting. But where it can be shown that no rents have been paid and no other customs performed for very many years, but that the property has for a long period been treated as freehold, it will be presumed that an enfranchisement has taken place if it is possible to do so. The payment of an unvaried rent for many years to the lord of the manor is evidence of his title to the 1 Mayor of Basingstoke v. Lord Bolton. 3 Dr. 50. 2 statutes Of Limitation, 1894; Howitt v. Earl of Harrintjton, [1893] 2 Ch. 497 ; and see as to freehold quit-rents similarly Owen v. Ue Beauvoir, 16 M. and W. 547. 136 COPYHOLDS. rent only, and not to the land in respect of which the rent is paid. The pi-esumption is that the rent is a quit-rent.-' When a copyhold comes into the lord's hands, and is re-granted by him as copyhold, it would appear that he cannot increase, or otherwise alter, the amount of the ancient rents and services, and must keep them as they were before.^ On customary freeholds the term chief-rent is more generally used ; and all manorial rents are commonly referred to as rents of assize, because they have been assized or made certain. The small amount of these rents is due to their having been fixed in ancient times, when money values were great. FEALTY. Fealty is a personal service due by the tenant to the lord upon admittance or change of lord, consisting of the taking of an oath to be faithful and to observe the custom of the manor. It is often respited or commuted to a trifling sum, but even at the pi"esent day it is sometimes enforced with a good deal of ceremony. SUIT OF COURT. Suit of court is another personal service due from the tenant, consisting of his duty in attending the manorial courts, and serving upon the homage jury if required. If a tenant fails to perform this service, he can be fined, if he has been properly summoned and did not attend. 1 Doe d. Whitlock v. Johnson, Gow. 173. 2 Doe d. Kayer v. Strickland, 2 G).B. 792. CHAPTER XII. INCIDENTS OF COPYHOLDS CONTINUED. THE TENANT'S RIGHT OF POSSESSION AND QUIET ENJOYMENT. Copyhold land is in the possession of the copyholder. By general custom he can maintain trespass against the lord, as well as against a stranger, for any invasion of the copyhold land, or disturbance of his quiet enjoy- ment thereof. So long as the tenant observes the custom of the manor, he is fully protected by the law ; but, if he breaks the custom, the lord's right of forfeiture arises. Special custom will in some cases diminish the rights of the tenant, as the lord may thereby have the right to enter upon the copyholder's tenement, and to take timber or minerals therefrom ; and he, not infrequently, has rights of entry in connection with some of the manorial franchises or rights, which were expressly reserved when the copyhold was granted. THE TENANT'S LIABILITY TO REPAIR. By the general custom of copyholds, it is the duty of the tenant, as one of the conditions of his holding, to keep his tenement in repair, and not to commit, nor to permit, w'aste. A breach of the duty renders the tenement forfeitable. Two recent cases upon the subject are instructive : In Blackniore v. Wliife^ it was held that a grant by copy 1 [1899] 68 L.J. Q.B. 180. 138 COPYHOLDS. of court roll, of buildings parcel of a manor, implies a contract on the part of the copyhold tenant in possession to fulfil the customary obligation to repair, which attaches on admission, by force of custom, to each successive tenant where the grant is for more lives • than one ; and such implied contract entitles the lord of the manor to an action of damages for non-repair against the tenant in possession during his lifetime, and to a like- action against the executors of the last tenant in the grant after his death. In Galbraith v. Poyiiton,^ the lord of the manor brought an action against the executors of a deceased copyhold tenant for breach of an implied contract by the tenant to keep his tenement in tenantable repair. As the basis of this implied contract the lord alleged a custom of the manor imposing on the copyholders the duty of keeping their tenements in repair. To prove this custom he produced — (a) the customary of the manor, from which it appeared that the copyholders were entitled to house-bote ; (b) entries in the court rolls, containing presentments for forfeitures for the non-repair of copyhold tenements, and admittances of tenants containing licences to sublet, provided all due reparations had been performed ; and (c) oral evidence, showing that the copyholders had repaired their tene- ments, at the instance of the lord, without presentment • to the homage. It was held that this afforded no evidence of the custom which was alleged, being referrable to the customary law. applicable to all copyhold tenure, namely, that the tenement may be forfeited for non-repair. 1 [1905] 74 L.J. K.B. 649. INCIDENTS OF COPYHOLDS. 139 These two cases would appear at first sight to be somewhat contradictory, but that is not really so. In Galbraith v. Poyiifoit, it is shown that unless a custom can be proved whereby the tenants of the manor are under a contract, express or implied, to keep their premises in tenantable repair, they are not liable for damages for not doing so ; and the lord's ixmedy is by forfeiture for breach of custom, and not damages for breach of contract. In Blackiiiore V. White, a custom was proved from which a con- tractual obligation to repair could be inferred, and under which the copyholders took, and were therefore liable for damages for breach thereof. THE LORD'S RIGHT OF FORFEITURE. There are two descriptions of forfeiture by which the copyhold property may be seized by the lord. First, a seizure of the property by him when the tenant dies or alienates his property, and the heir or alienee fails to take admittance ; and, secondl}^, where the property in the tenant's hands is forfeited to the lord, owing to some wrong-doing on the part of the tenant. SEIZURE ox FAILURE TO TAKE ADMITTANCE. Upon the death of a copyhold tenant, his heir must come to the. lord of the manor and be duly admitted to the copyhold tenement. This he must do within such time as the custom of the manor pre- scribes, usually within a year and a day. If no time is limited by custom, or if he does not appear within the limited time, the lord may proceed to enforce the 140 COPYHOLDS. admittance. This he does by making proclamation, at three successive courts, for the heir to come and take the estates ; and, if the heir fails to do so, the lord can seize the land himself, and hold it until such time as the heir comes for admittance ; and if he so holds it for twelve years, the heir's rights will be barred by the Statute of Limitations,^ subject to the provisions for extending the time in case of disability. This process is called seizure quousqtic pro defectii teiiciitis. On some manors there is a custom that if the heir does not come for admittance after the proper procla- mations have been made, that the lord can seize, not merely qiioiisqiw, but absolutely, and that the estate of the heir is thereby defeated. Such an arbitrary pro- ceeding is always regarded by the Courts with aver- sion, and they will insist upon the strictest accuracy in all proceedings, and full proof of the accuracy of the custom. Such custom to seize absolutely is not good as against an heir who is in prison or beyond the seas at the death of his ancestor, or against a person under disability.^ A lord cannot seize a copyhold as forfeited abso- lutely pro dcfcctii iciiciiiis, without a custom to warrant it ; and if he does so, when he has only a right to seize qiioiisqiic, the entire seizure is bad.^ Where the lord proceeds, in the first instance, on his right to enter and seize qnoiisqiw, if that be answered, he can nevertheless recover on a right of entry and seizure qiioiisqiic the fine is satisfied.* 1 3 &4 Will. IV. >,. 27. 2 King II. Dillisloii, 3 Mod. 221 ; Lechford s Case. 8 Rep. SSa. 3 Doe d. Tarrant v. Hellier. 3 Term Rep. 162. •> Doe d. Twining v. Muscotl, 12 M. and W. S32. INCIDENTS OF COPYHOLDS. 141 A lord may seize copyhold land qiioiisqiic, in virtue of a right which accrued to the preceding lord on default of the heir's coming in to be admitted, and that although he is the devisee, and not the heir of the preceding lord ; but, to entitle the lord to make such seizure, there must be three proclamations made at three consecutive courts. "■ The lord's right to seize qnoiisqiic does not accrue until the lord has, with due notice or proclamation, called upon the tenant to come in, and the latter has refused. The Statute of Limitations^ runs only from such refusal.^ By the Statute the lord's right to seize will be barred by neglecting to do so for twelve years after the right has accrued. Payment of a quit rent for twenty years, without formal admission, will also bar the lord's right to seize qiiousqiic. In case of alienation, it appears that the lord can- not, as a rule, compel the surrenderee to come for admittance ; but special custom may give the lord a power to seize quoiisqiie, or a power to forfeit the pro- pertv absolutely, after the proper steps are taken, and the alienee fails to come for admittance. On other manors a surrender becomes void, and the old tenant is reinstated, unless an admittance takes place within a certain time. FORFEITURE FOR WRONG-DOING. It is the duty of every copyholder to observe the custom of the manor in all things. He must yield the customary services to his lord ; he must not 1 Doe d. Bover v. Tnieman, 1 B. and Ad. 736. 3 Ecclesiastical Commissioners ^'. Parr [1894] 63 L.J. Q.B. 7St. 2 3 &4 Will. IV. c. 27. 142 COPYHOLDS. commit nor permit waste, nor create any unauthorised estate in his land. If he leaves iindone what he is bound to do by the custom, or does that which the custom does not allow him to do, his estate is prima facie put an end to and forfeited to the lord of the manor. Forfeiture is regarded by the courts with disfavour, and it is, as a rule, very difficult to enforce it, as the ■Courts will insist upon the greatest possible accuracy in the proceedings ; and if any penalty, such as a fine, is obtainable by custom for the offence, the Courts would not permit forfeiture. A Court of Equity will, as a rule, afford the tenant relief where the tenant is willing to make amends, and the offence is one which can be adequately remedied or compensated for. A copyholder, who has been admitted to a tene- ment and done fealty to the lord, is estopped, in an action by the lord for forfeiture, from denying the lord's legal estate at the time of his admittance.^ FORFEITURE FOR WASTE. A copyhold tenement is forfeitable to the lord for an act of waste, such as pulling down houses, plough- ing up meadows, opening and working mines, or cutting timber contrary to custom ; and where such acts are done wilfully, no relief will be given against a voluntary forfeiture of a copvhold ^ ; but where the lord suffers no damage he could not enforce forfeitiu'e.^ 1 Doe d. Nepean v. Budden, 1 D. and R. 243. 2 Peachey v. Duke of Somerset, 1 Str. 447. s Caldwell v. Baylis, 2 Mer. 408. INCIDENTS OF COPYHOLDS. 143 The copyholder is bound to keep his tenement in repair. If he fails to do so, and allows the buildings to decay, or the land to be flooded, his tenement is forfeitable to the lord. If a copyholder persists in not repairing, whereby his copyhold is forfeited, it is doubtful if equity would relieve him.^ In those cases where a tenant commits waste, the lord can proceed by injunction instead of forfeiture. Where the lord was proceeding to enforce forfeiture for non-repair, a mortgagee was held entitled to pull down certain ruinous houses for the purpose of building new ones and preventing the forfeiture.^ FORFEITURE FOR ALTERATION OF BOUNDARIES. A tenant of a copyhold is bound to maintain the boundaries of his tenement, and not to remove old enclosures or landmarks, and not to inclose more land. If the tenant fails to carry out this duty, his estate is forfeitable to the lord. The lord can, however, if he see fit, apply to the Court instead of enforcing the forfeiture, and the Court will direct an enquiry for ascertaining the boundaries ; or, if that is impossible, will order land of equal value to be set out in sub- 'stitution. If the tenement is enfranchised, the obliga- tion to preserve the boundaries ceases ; but the tenant is liable for any default that occurred before the enfranchisement.^ 1 Cox V. Higford, 3 Vern. 664. 2 Hardy v. Reeves, 4 Ves. 483. 3 Searle v. Cooke, 59 L.J. Ch. 259. 144 COPYHOLDS. FORFEITURE FOR ALIENATIOX. A tenant of a copyhold renders his copyhold forfeitable if he grants a longer lease than the custom permits without the lord's licence ; or if the lord's licence is necessary to effect a sale, and he sells without it. It seems, however, that an interest in the land must actually pass, for a forfeiture was held not to be incurred where the tenant had merely agreed to grant a lease. ^ FORFEITURE FOR NEGLECT OF SERVICES. A copyhold tenement is forfeitable if the tenant fails, or wilfully refuses, to pay his fines or rents, or if he fails to attend the Courts and serve on the jury when required, or to yield the other customary services. In all cases it would seem he must have sufficient notice to comply with such demands as may be made upon him, and probably he is in but little worse position than a leaseholder at the present day, it being borne in mind that a copyhold is prima facie held at will, and in consideration of the performance of various services. Copyholders can obtain relief at equity against the lord for breach of custom, but there is no relief at law.'-' FORFEITURE FOR TREASON AND FELONY. Prior to 1870, if the tenant committed treason or felony, his estate was forfeited to the lord of the manor ; and felony by a surrender, or before the admittance of the suiTenderee, resulted in the property escheating to the lord.^ 1 Jackson v. Neal, Cro. Eliz. 395. '■* Anon., Cary 3. 3 Rex V. Mildmay, 2 N. and M. 778. IXCIDEXTS OF COPYHOLDS. 145 By the 33 & 34 Vict. c. 23, forfeiture for treason and felony was abolished ; but whether this applies to copyholds has not been definitely decided, and is doubted by Mr. Elton. THE LORD'S RIGHT OF ESCHEAT. In the event of a copyhold tenant dying without a will and without heirs, the estate escheats to the lord of the manor. The lord's right is, however, subject to any freebench which the widow of the late tenant may be entitled to, and to any leases which the late tenant made, either according to custom or with the lord's licence. Before taking the property, the lord must make the necessary proclamations for an heir, and must give notice to anyone entitled thereto ; and, after the lord has taken the property, he must satisfy the late tenant's debts. The lord's right of escheat will be barred by any act on his part which creates a new tenancy, such as the acceptance of rent or services from another, and will come to an end if not taken advantage of within twelve years of the death of the tenant. After enfranchisement under the Copyhold Act, 1894,^ the land still remains liable to the lord's right of escheat. TREES AND MIXES. The custom with regard to the trees growing upon the copyholder's tenement, and the minerals, whether on the surface of the ground or underneath it, varies considerably upon different manors. The general custom is that both trees and minerals belong to the lord ; but the tenant has the possession of his tene- 1 57 & 58 Vict, c. 46. 146 COPYHOLDS. ment, and the lord cannot enter and take what belongs to him, without the tenant's consent first had and obtained. The tenant also has the right to take a reasonable allowance of the timber for repairs and fuel ; and of the minerals, such as sand and stone, for husbandry or repairs ; and peat for fuel ; though here again the custom of the manor may define his rights. These allowances of wood and minerals are called the tenant's estovers or botes, and those relating to the taking of wood have been classified under four heads, as follows : — 1. House-hote (or greater house-bote), the right to take timber trees for repairing houses. 2. Fire-hote (or lesser house-bote), the right to take smaller wood for fuel, such as the lops and tops of pollards, the under-boughs of trees, the under wood, dead wood and windfalls. 3. Plough-bote, or the right to take timber for the repair of his agricultural implements, carts, and waggons. 4. Hcdge-bote or hay-bote, or the right to take wood for repairing the hedges, fences and gates upon the copyholder's tenement. These rights can only be exercised by the copy- holder, and the wood can only be taken for use upon the copyholder's tenement. The general custom as to trees and mines was dealt with fully in the important case of Eardly v. Granville,^ in which Sir George Jessel, M.R., laid down that — The estate of a copyholder is an estate in the soil throughout, except as regards, for this purpose, timber trees 1 3 Ch. D. 826. INCIDENTS OF COPYHOLDS. 147 and minerals. As regards the timber trees and minerals, the property remains in the lord ; but in the absence of custom he cannot get either the one or the other, so that the minerals must remain unworked, and the trees must remain uncut. The possession is in the copyholder ; the property in the lord. If a stranger cuts down the trees, the copy- holder can maintain trespass against the stranger, and the lord can maintain trover for the trees. If the lord cuts down the trees, the copyholder can maintain trespass against the lord ; but if the copyholder cuts down the trees, irrespective of the question of forfeiture, the lord can bring his action against the copyholder. So in the case of minerals. If a stranger takes the minerals, the copyholder can bring trespass against the stranger for interfering with his possession, and the lord may bring trover, or whatever the form of action may be now, against the stranger to recover the minerals. The same rule applies to minerals .as to trees. If a tree has been cut down, the lord cannot compel the copyholder to plant another. The latter has a right to the soil of a copyhold where the tree stood, including the stratum of air which is now left vacant by reason of the removal of the tree. So, if the lord takes away the minerals, the copyholder becomes entitled to the space where the minerals formerly were, and he is entitled to use it at his will and pleasure. In Bourne v. Taylor,'^ it was laid clown that the lord has no right, without a special custom, to enter and mine beneath the surface, and, if he does, the copy- holder can maintain trespass against him. In LcuHS V. Brantlnvaite,^ an adjoining coalowner worked a seam of coal from his own land under the subsoil of the copyholder's land, although no trespass was committed on the surface. It was laid down that 1 10 East. 189. 2 2 B. and Ad. 437. 148 COPYHOLDS. the property in the coal was in the lord, and possession in the tenant, and that the tenant could maintain trespass. The measure of damages which the tenant can recover from the lord, if the lord takes the timber or minerals without his consent, is instanced by the case of Attorncv-Gciieral v. Toiiilinc} In this case the lord had entered upon the tenement and had dug up and removed coprolites, a kind of fossil used in the manufacture of artificial phosphatic manure, without the tenant's consent. Mr. Justice Fry, in giving judgment, said : The copyholder is in the position of being able to say to- the lord of the manor, " You shall never get the minerals." His consent must, therefore, be purchased from him by the lord if he wishes to get them. Everything, therefore, which arises from the sale of the minerals, and which is not neces- sary to repay the outlay for the working, and to induce a third person to undertake the working, would naturally come to the person who can prevent the minerals from being dug. He has an absolute veto. The value of that veto appears to me to be the value of the minerals, less so much money as would induce a third person to get them ; that is, the measure of damages would be the net return from the sale of the minerals, less such a sum by way of profit as would induce a third person to undertake the enterprise. Beyond the tenant's right to take stone, sand, etc., for the purpose of husbandry, and peat for fuel, it seems that he has but little right to minerals, unless there is a special custom. For instance, although he is permitted to remove stones that are an impediment to agriculture, he cannot even remove loose flints for ' 46 L.J. Ch. 654. INCIDENTS OF COPYHOLDS. 149 his own profit, us they are considered part of the soil.^ Moreover, it appears that the Prescription Act, 1832^ (which gives the right to take part of the profit of the land of another on proof of uninterrupted user for the period of thirty years for a prima facie right, and sixty years for an absokite right), does not apply to copyholds.3 With regard to the trees upon the copyholder's tenement, although they belong to the lord, he has no power to compel the tenant to keep trees upon the land, nor to plant trees ; and, if a tree falls or decays, the land where it stood can be fully used and enjoyed by the copyholder. On the other hand, if the tenant plants a tree, it becomes the property of the lord as soon as it becomes timber. Under the tenant's right of estovers he is entitled to the underwood and to any trees not timber, and to the lops and tops of pollards ; so, where a tenant planted a tree, or where trees were naturally regenerated, it was quite usual for the tenant to cut them periodically, or to pollard them before they became timber, so as to defeat the lord's title. Every discouragement to the tenant to have timber upon his land is clearly shown by this general custom, and, therefore, copyhold land has been called treeless land, because of its being so bare of trees. Outside the general custom as to trees and mines, various special customs are commonly found. These customs are sometimes to the benefit of the lord, and in some cases they give far greater rights to the tenant. Thus, in some cases the lord has the absolute right to ^ Deardon v. Evans, 5 M. and W. 11. 2 2 & 3 Will. IV. c. 71. " Hanmert), Chance, 4 De G. J. and S. 625. 150 COPYHOLDS. enter and take the minerals and timber witliout the tenant's consent, and to make such roadways, tram- ways, etc., as may be necessary for the purpose. How far he is liable for damage, or if at all, is doubtful. It was decided in Hilton v. Earl Grain'illc,^ that a custom to work mines under houses without paying compensation is bad, as unreasonable ; but this has been doubted. In another case, where a copyhold was granted by deed, with a reservation of all mines and minerals within and under the premises, with full liberty of ingress, egress, and regress, to and for the grantor, his heirs, and assigns, to dig and search for, and to take, use, and work the excepted mines and minerals, it was held that the grantor was not entitled to get the china clay, as it could only be got in a manner utterly destructive of the surface, and the deed did not clearly reserve to him power to destroy the surface, and did not contain any provisions for making compensation for injury done to the surface.^ In this case it should be noted that the question is one of the interpretation of a deed and not of the validity of a custom. By the special custom of the manor, the powers of the tenants may be very great, and they mav have the absolute right to take both timber and minerals, in which case they can cut timber and open and work mines to any extent. A custom for the tenants to fell timber on their lands without the lord's licence, although not for repairs, is not unreasonable^ ; and a custom for the 1 Dav. andM. 614. 2 Hexlf. Gill. 41 L.J. Ch. 761. » Blewett V. Jenkins, 12 C.B.. N.S. 16. IXCIDEXTS OP' COPYHOLDS. 151 tenants to break the surface, take clay without Hmit, and make bricks to be sold off the manor, has been held good.^ In an action by the lord to restrain his tenants from working or selling the coal under their tenements, the defendants set up a special custom for the tenants to work and sell the coal as long as the sale thereof in no way hindered the lord's sale. The Court found that the custom was proved, and that the defendants' sales being comparatively small were not a hindrance to the lord's sales.^ These special customs whereby the timber and minerals belong to the tenants, or can be taken by them, appear to be restricted to copyholds of inherit- ance, or copyholds for lives or years where there is a right of renewal. They have been held impossible where copyholders for lives held with no right of I'enewal.^ 1 Marquis of Salisbury v. Gladstone, 9 H. L. Gas. 862. 2 Sitwell V. Worrall, 7S L.T. 85. 3 Mardiner v. Elliot, 2 T.R. 246. CHAPTER XIII. RIGHTS OF COMMON AND SIMILAR RIGHTS. The copyholder's rights of common consist of various rights which are attached to his tenement by the custom of the manor, to take some profit from the lord's waste for use upon the copyholder's tenement. These commons, profits a prendre, or profits alieno solo, as they are variously called, are a form of incor- poreal hereditament of a somewhat complicated nature, and to some extent similar to easements. Before dealing with the copyholder's rights particularly, it will be well to deal with these matters generally, though in an elementary manner, so that their nature may be thoroughly understood and appreciated. These incorporeal hereditaments may be held in three ways — Appendant when they are attached to a corporeal hereditament by operation of law ; Appur- tenant when they are so attached by grant or prescrip- tion ; In gross when they are merely personal rights in no way connected with the land. If appendant, or appurtenant, thev pass bv a con- vevance of the hereditament to which they are attached ; but if in gross tliev can only be granted by deed. EASEMENTS. THE NATURE OF EASEMENTS, AND HOW THEY ARE DISTINGUISHABLE FROM OTHER SOMEWHAT SIMILAR RIGHTS. An easement is defined in Gale's " Law of Ease- ments " as " a privilege without profit, which the PART EASEMENTS. 153 owner of one neighbouring tenement has over another, existing in respect of their several tenements by which the servient oiviier is obhged to suffer or not to do something on his own kind for the advantage of the dominant owner." An easement is one of the rights which exists over the land of another, or a right /// iilicno solo as it is called. It can also be called a servitude, a servitude being a right which the owner of one tenement can, by virtue of his interest therein, claim over another adjacent tenement, so that the owner of such neigh- bouring tenement is bound to submit to something being done upon his property, or is bound not to do something on his own land, whereby the neighbour is benefited. These servitudes are not always easements, some of them being profits a prendre, and the two must be carefully distinguished. DISTIXGUISHED FROM PROFITS A PRENDRE. A profit a prendre is a servitude with a right to take a portion of the substance of the neighbouring tene- ment, such as a right to graze cattle, or to take peat or minerals. An easement, on the other hand, is a privilege without profit, such as a right of way, or a right of light and air, or a right of support. A profit a prendre may be held in gross ; an easement cannot be. DISTINGUISHED FROM LICENCES. Easements must also be distinguished from licences ; and this can be most readily done by appreciating the 154 COPYHOLDS. fact that easements are always attached to a tenement, whereas a licence is a purely personal right, in no way attached to the ownership or possession of land ; and whereas a licence may be granted by parol, a grant of an easement must be by deed ; and whereas an ease- ment is an incorporeal hereditament, a licence is not an hereditament at all. DISTIXGUISHED FROM NATURAL RIGHTS. Another class of rights which might be confused with easements are natural rights ; but these can be at once distinguished by the general rule that natural rights are mere incidents of ownership ; whereas ease- ments must be acquired, and are always additions to the ordinary rights of ownership, and are obtained just as ordinary rights aix lost. Thus there are natural rights to take or use a reasonable quantity of the water in a stream passing through a property in a defined channel, whether above or below ground, and to enjoy the accustomed flow of such water, and to receive it in a state of purity. There is also a natural right to get rid of surface water, or to appropriate it if it flows in no defined channel. There is also a natural right to receive the light and air coming vertically on to a property in an unpolluted state, but not laterally ; and there is a natural right to the support of land adjoining or over the land of another, though not for the support of buildings. These natural rights are never extinguished ; and if obstructed for a time by the acquisition of an easement, they at once revive if the easement is extinguished. PART EASEMEXT8. 155 On the other hand, easements can be acquired to take a larger quantity of water than is reasonable ; to pollute the water ; to check the flow of water ; to receive light and air laterally, for the support of buildings and so forth, while easements can be extinguished in many ways, and, if extinguished, to not revive. DISTINGUISHED FROM PUBLIC RIGHTS. Public rights also must not be confused with easements. Easements belong to a man as owner of a tenement, but public rights belong to a man as a member of a whole community. Examples of public rights are the right to use a public highway or a navigable stream. DOMINANT AND SERVIENT TENEMENTS. In the case of easements there are ahvavs two tenements in the question — the tenement in respect of which the owner enjoys the easement over the other being known as the dotniiiant tenement, the owner being called the dominant owner ; and that over which the easement is enjoyed being called the servient tenement, its owner being the servient oivner. Both tenements must be permanent in character, or intended to last for a defined term, or the easement cannot be claimed. An easement is always attached to a tenement, and cannot be held in gross. HOW EASEMENTS ARISE. Easements arise in some five ways : — 1. By express public grant by Act of Parliament. 156 COPYHOLDS. 2. By express private grant between living persons, when a deed is necessary ; or by will, when no deed is required. 3. By implied grant, when property is severed ; e.g., easements of necessity, such as a right of way to a field surrounded by others, or a previously existing right of drainage across the adjoining property. 4. By express or implied reservation, when property is severed. 5. By prescription. Of these, perhaps the only one requiring further explanation is the last. PRESCRIPTION. At common law, if it can be shown that the use of property has been enjoyed immemorially or for a sufficient period, it will be presumed that a grant (since lost) was originally made of it. This cannot be claimed if it is contrary to Statute or to any existing grant or agreement, or if the servient owner did not know of the user, or could not resist it ; nor can a claim be made to anything in which there is no property such as undefined channels of water, or temporary collections of water. Prescription is, however, largely governed by the Prescription Act, 1832,^ some of the main points of which deserve special notice. THE PRESCRIPTION ACT. By the terms of the Prescription Act, 1832,i if easements (other than rights of light) have been 1 J cS:3 Will. IV. u. 71. PART EASEMENTS. I'S? enjoyed as of right, and without interruption for twenty years, the owner will have a prima facie right thereto ; but the claim to the easement -may be defeated by showing that the enjoyment was not submitted to, or that it was secret or not known to the owner of the servient tenement, or was only enjoyed by licence, or if the enjoyment was not continuous. If the easement has been enjoyed for a period of forty years as of right and without interruption, the owner obtains an absolute right which cannot be defeated. Rights of light stand alone, an absolute right being obtained if they are enjoyed for twenty j^ears without interruption ; and, if there is an interruption, it must be for at least one j'ear. The enjoyment of a right of light for nineteen years and one da}^ will give a right thereto which cannot be defeated, although it cannot be asserted by action until the full period of twenty years has elapsed. Similar provisions are contained with regard to profits a prendre ; but in that case it requires thirty years to obtain a prima facie right, and sixty years for an absolute right. DIFFERENT KINDS OF EASEMENTS. The most important easements found in connection with the ownership of land are : — 1. Rights of way, which may be limited to use as a foot- path, or in any other way. 2. Rights of water. E.g. : — (a) The right to obstruct or divert water. ip) The right to pollute water. 158 COPYHOLDS. (c) The right to discharge water through or over the land of another. (d) The right to draw water from another's well. ((#) The right to discharge rain-water from roofs on to another's land. 3. Rights of air. E.g. : — (o) The right to an uninterrupted flow of air ; e.g., by means of a shaft. (b) The right to pollute air. 4. Right of support for buildings. E.g. : — (a) By the soil beneath them. (b) By the soil adjacent. (c) By ancient adjoining buildings. 5. Rights of light. IMPOSSIBLE EASEMENTS. No man can acquire a right of prospect across the land of another, nor is it possible to acquire a full lateral supply of air across the land of another ; and this has even been held to apply where buildings were erected which stopped the flow of air to an ancient windmill. EXTINGUISHMENT OF EASEMENTS. Easements can be extinguished in some five ways : — 1. By express release ; and as a deed is necessary to create an: easement, a deed is required to release it. 2. By merger ; for where the dominant and servient tene- ments are in the same hands, the easement ceases. 3. By abandonment ; showing an intention not to use the easement again. PART RIGHTS OF COMMOX. 159 4. By cessation of the purpose ; as where the water of a stream was granted to supply a canal, and the canal was converted into a railway. 5. By cessation of the necessity ; as where a way of necessity is no longer required, owing to the owner of the dominant tenement purchasing land between his tenement and a highway. RIGHTS OF COMMON. THE ORIGIN OF COMMONS. Rights of couiinon appear to have their origin in the Anglo-Saxon system of landholding by village com- munities.^ At that time the arable land in the mark was held in common after the harvest, and the meadow land was held in common after the hay was cut, while the waste lands were used in common at all times. The Norman era effected a considerable alteration : the mark became the manor, and the lord of the manor became the owner of all the land therein, but the custom for his tenants to hold much of the land in common at certain periods of the year continued. The waste lands of the manor belonged to the lord, but the rights of common appear to have continued in many cases, and in other cases to have been granted afresh, while in several instances they were implied by grants of land. History thus discloses two kinds of common land, viz. : — (1) lands held in common, usually only for a part of the year ; and (2) waste lands belonging to the lord of the manor and subject to rights of common. •^ See chapter I., ante- 160 COPYHOLDS. LANDS HELD IN COMMON. In many parts of the country large fields are found, in some cases of many hundreds of acres, where now, or at some former time, the various tenants each cultivated a small separate area until the harvest, after which their animals roamed at will and grazed over the entire field. At the present time these common fields are rare, as they have to a great extent been done away with under various inclosure awards and Acts of Parlia- ment. Their nature and custom appear to have varied greatly, as may be gathered from the enumeration of their classes in the Inclosure Act.^ In some cases these common fields were arable, in others pasture ; but, in both cases, the right to use them in common appears to have arisen by common right, and not by grant or agreement. It is somewhat difficult at first to distinguish whether lands are actually held in common or whether there are merely rights of common over them. The difference is well explained in the decision in Sir Miles Corbet's Case, tried in the time of Elizabeth, which is shortly stated in Tudor's " Leading Cases," p. 698, as follows : — " Where one has purchased divers parcels of land in D., together in which the inhabitants have used to have shack ^ and long since inclosed it ; and notwithstanding always after harvest the inhabitants have had shack there, by passing into it by bars or gates with their cattle, then it shall be taken as common appendant or appurtenant, and the owner cannot exclude them of common ; but if in the 1 See post, page 173. 2 The shack fields were arable, and to go to shack is to go to liberty-. Hence coininon of shack, frequently found in Norfolk. PART RIGHTS OF COMMON. 161 town of S. the custom and usage hath been that every owner in the same town hath inclosed his own lands from time to time and so hath held it in severalty, any owner may inclose and hold it in severalty and exclude himself to have shack with the others." PROFITS A PRENDRE EXPLAINED. A profit a prendre is the right to take a part of the natural produce of land which belongs to another person. Profits a prendre mainly consists of rights of common, i.e., rights held by various persons in common, but they also extend to a few cases where the right is in severalty. For instance, a several fishery is one giving the exclusive right to take fish in a navigable river when the bed of the river belongs to the owner of the fishery, and this can be granted to another. The term, profit a prendre, is, however, often used as synonymous with common. THE VARIOUS KINDS OF COMMON. The chief kinds of common are : — 1. Common of Pasture, or the right of depasturing cattle on the land of another. 2. Common of Turbary, or the right of taking peat for fuel from the land of another. 3. Common of Estovers, or the right of taking wood for repairs and fuel from land belonging to another. 4. Common of Piscary, or the right to take fish from the streams and ponds of another. 5. Common of Fowling, or the right to take wildfowl from a fen for food. 6. Common of Pannage, or the right to turn out swine to eat the acorns and mast on the land of another. M 162 COPYHOLDS. Other rights are occasionally found, such as the right of taking underwood, furze, fern, thorns, hay, and rushes, and rights of taking minerals, such as stone, clay, sand and gravel, and ores of various kinds, and coals for fuel. Rights of common may be held by any number of persons over the same land, or by a definite body of persons, as the copyholders of a manor, or the corpo- ration of a borough acting on behalf of the burgesses, but not by mere inhabitants, except by Royal Charter. In all cases the right can only extend to taking a part of any particular product of the land ; and any claim, by custom or otherwise, to take the entire produce, to the exclusion of the owner of the land, is void. In the event of there being a right vested in a person, or a body of persons, to take the entire produce^ such right gives the exclusive occupation and is an estate in land and not a common at all, for it is the essence of every common that it is limited in its user. COMMON OF PASTURE. Common of pasture, or the right to feed animals on the wastes of the manor, can be held in four different ways — either as appendant, appurtenant, in gross, or because of vicinage. The leading case upon the subject is Tyrriiigliatu's Case,^ and a short statement of the general law is set out below. Coiiunon of Pasture Appendant. Common of pasture appendant arises of common right, and by implication of law, in those cases where ' 4 Rep 36b. PART RIGHTS OF COMMON. 163 the lord of the manor enfeoffed another of arable land to hold of him in socage. The right could only be appendant to arable land and not to a house, meadow or pasture ; but if the land was arable when it was granted, and was subsequently converted into meadow or wood, or even if a house was built upon the land, this would not extinguish the right, provided that it was continually used. In order to prove a right, it is not necessary to plead prescription, but only that the common is appendant to land. Ancient manorial freeholds must have been granted before the Statute of Quia Emptores, 1290,i so common of pasture appendant must have been created before that time, and must have existed ever since. It could not have been originally appendant to meadow, pasture, or to a house, but to arable land only ; and it ■cannot be claimed in respect of land newljr ploughed ■out of the wastes of the manor. Common of pasture appendant only applies for such animals as are levant and couchant on the estate of the commoner, and as many as he has need of to plough and manure his land — that is, the commoner can only claim the right, in respect of such a number of animals as the winter eatage and the hay, obtained from his land in summer, could support, and only in respect of horses, oxen, and sheep ; not for swine, goats, geese, and other animals and birds. He could not claim in respect of animals other than his own, unless made use of to plough and manure the land all the year. This description of common of pasture can be apportioned by a sale of a part of the land to which it lis Edw. I. c. 1. 164 COPYHOLDS. applies ; but in the event of the land to which it is appendant and the common land coming into the same hands, it is extinguished by unity of possession. It is absolutely extinguished if severed from the tenement. No other kind of common but common of pasture can be appendant to land. Coiiiiiion of Pasture Appurtenant. Common of pasture appurtenant does not owe its origin to common right or general privilege. It need not be of great antiquity, for it can be created at the present day, and it can be claimed in respect of a grant by the owner, or by prescription implying a grant. It may be claimed in respect of any kind of land whatsoever, and it is possible even for it to be exercised over a different lordship from that in which the waste is situate. It is not confined to conunonable animals — that is, to horses, oxen, and sheep — but may extend tO' swine, goats, geese, and such like. A claim for an unlimited number of cattle is bad, for a person might collect as niany cattle as he could from all parts of the kingdom and stock them on one common. A proper method is to show the number tcvant and concliant on the land during winter, and the utmost claim would be for as many as the land would sustain, over and above the rights of the lord and other commoners. A right to put on a certain number of cattle can be claimed, and in that case the cattle need not beloni^ to the commoner ; and the right, if not appurtenant to copyhold, could in this case be severed from the i^\^ PART RIGHTS OF COMMON. 16: tenement and converted into a common in gross, though in any other case severance from the tenement ■extinguishes the right. The right can be claimed over hiuimas lands, wliich are held in severalty for half the year, and in common for pasturage during the remainder. In this case there must be some connection between the beasts reared and those that can be depastured, and the right can only arise by prescription. A fold-course is a right of common appurtenant for sheep. Couiuioii of PasUirc in Gross. Common of pasture in gross is a merely personal right, which is not in any way attached to the ownership of land. It arises at anytime by grant by the owner of the land, or by prescription from which a grant can be implied. It may be for a certain number of cattle or for cattle stins nonibrc ; but, at most, this is limited to as many as the land will maintain beyond the cattle belonging to the lord and the other commoners of the manor. This kind of common can be sold or otherwise dealt with. In its general incidents it somewhat resembles common of pasture appurtenant. Common of Paslnre because of Vicinage. Comn:ion of pasture pur cause de vicinage is not, properly speaking, a profit a prendre at all, but rather an excuse for trespass. It arises in those cases where the waste lands of two different manors adjoin, and are not separated by 166 COPYHOLDS. any fence or other division ; and the persons, who have right to graze their cattle on the one common, allow them to wander indiscriminately on to the other common without restraint. When this right has been enjoyed for thirty years, it can he claimed urider the Prescription Act, but the majority of such rights are very ancient. The parties claiming the right inust put their cattle on to the land over which they have common rights appendant, appurtenant, or in gross, and not upon the adjoining lands, and they must not put on more than their own common land will sustain. It seems also that the right can only be between the inhabitants of two townships, and not more. Thus, where three wastes belonging to townships A, B and C adjoin, A can intercommon with B, and C with B, but A could not claim rights over the land belonging to C, and B could claim in respect of the land of either A or C, but not with both. It is necessar}^ also to prove actual intercommoning in order to establish the right ; the mere fact that there was no enclosure between the wastes, and that one party always drove the cattle of the other back, was not sufficient. If the right has once arisen, it can be at once extinguished by the enclosure of one of the wastes by means of a sufficient fence ; but the right will continue until the separation of the wastes is complete. COMMOX OF SHACK. In some English counties, particularly in Norfolk, there is a right of common of pasture over the whole of the open field after harvest. Every party who claims the right can only put on as many cattle as his own land will sustain when held in severalty. PART RIGHTS OF COMMON. 167 COMMOX OF ESTOVERS. Common of cstor'crs is a right to take the wood growing upon the land of another. Persons entitled to the right can claim it by grant or by prescription, but it cannot be claimed by custom, except by the copy- holders of a manor. It can be held as appurtenant to a tenement, or it can be held in gross. When claimed by prescription, it must be in connection with an ancient house. If a house is pulled down and another erected in its place, that will not extinguish the right ; but if the house was demolished and no other house erected, no doubt the right would cease. Com- mon of estovers extends to the right of taking timber for the repair of houses, for fuel, and for the repair of agricultural implements and fences. The right claimed must be reasonable, and limited to the wants of the tenement in respect of which it is claimed. The wood taken must be expended on the tenement, and cannot be sold or used elsewhere. In those cases where the right is limited to taking a certain quantity of wood per annum, it could be severed from a tenement to which it was attached without being extinguished, but in other cases it would be extinguished. It could only be claimed in gross, by prescription, if it were limited in this way. The right is considerably varied in its incidents, and in some cases can only be exercised at certain periods of the year, or only under the view of and delivery by the lord or his bailiff. On Crown manors, the inhabitants of a parish have a right, in some cases, to lop wood at certain periods of the year. This right must be claimed by Crown grant. 168 COPYHOLDS. Charter or Act, and cannot be claimed by custom or prescription. COMMON OF TURBARY. Common of turbary is the right to dig and take peat for fuel from the soil of another, and can still be frequently found in many parts of the country. Owing to its nature it can never be claimed as appurtenant to bare land, but only to a house, and the destruction of the house would no doubt destroy the right, unless another house was erected in its place. A grant of a house and its appurtenances would convey this right to the grantee. This right resembles common of estovers in many of its incidents. The quantity taken is limited to the requirements of the tenement, though in some cases it is limited to a certain number of turves per annum. A plea to dig and sell ad libitum is bad. Like other rights, this cannot be claimed by prescription by the inhabitants of a parish or township, but definite persons, such as the mayor and burgesses, can prescribe for them, and a freeman of a town mav have the right. COMMON OF PISCARY. Common of piscary is the right of fishing in the rivers or ponds of another. It can be held as appurtenant, or in gross, and can be claimed by custom by the tenants of a manor. It consists of the right to take fish from the ponds, rivers, and streams, for food in the commoner's house ; and no doubt, if appendant, or appurtenant, it can only be claimed in connection with a house. PART RIGHTS OF COMMON. 169 A common of piscary can never be claimed to the exclusion of the owner of the soil, and this is also said to be the case with a free fishery, which is the exclusive right to fish in a public river given by Royal grant ; but if a man claims a several fishery,^ he has the sole right, and the owner of the soil shall not fish there. The four descriptions of common just described — common of pasture, common of estovers, common of turbary, and common of piscary, together with common of fowling where it occurred — clearly show a provision for the maintenance and carrying on of husbandry by the village communities. By means of them the tenant was provided with food for his house- hold and his cattle, with wood and peat for his fuel, and with wood for repairing his house, his implements of tillage, and the necessary fences to his ground. THE copyholder's RIGHTS OF COMMOX. On copyhold land it is most usual to find various rights of common attached to the tenements. These rights are practically always appurtenant to the tene- ment, and are held by the custom of the manor, not by grant or prescription. At common law a custom to take profits in nlieiio solo is bad, but copyholders can always claim a. profit a prendre by custom, provided that it is reasonable, because copyholders could not other- wise establish a right of common at all, being in theory only tenants at will. The Courts will, it seems, go to some length in the tenant's favour, but will draw the line where necessary. Thus a custom for the tenants to dig up the lord's soil for turf was held good,^ ^ See p. 16], ante. 2 Dean and Chapter of Ely v. Warren, 3 Atk. 189. 170 COPYHOLDS. and so was a custom to take loam for repairing ancient tenements/ and a custom for the commoners to take and destroy game and rabbits on the waste, ^ and even to dig for sand, sandstone, gravel, and clay upon their tenements, and to use and sell it ^ ; but where the tenants claimed a right by custom to take turf from the wastes of the manor in unlimited quantity, and when they pleased, for the purpose of making plots in gardens and for improving their gardens and making banks to hedges and such like, the Court held that such a custom was unreasonable and, therefore, bad.* Every person must claim in respect of his own right, and cannot claim a general right''; and a custom for the dwellers in a manor to have a right of common, or to be included in a class alleged to have such a right, is bad.^ There is no general common law for the tenants of a manor to be entitled to common appendant on the waste,' and no common of pasture becaiise of vicinage can be claimed by copyholders under a custom.^ The copyholder's right of common is always limited in its nature : it may extend so far as, but no farther than, the requirements of the tenement. His common of pasture may be limited to a certain number of cattle, or to certain kinds of cattle ; it may extend to part only of the waste ; or it may only be exercisable at certain 1 Robertson v. Hartopp, 43 Ch. D. 514. 2 Coote V. Ford, 83 L.T. 482. 3 Hanmer v. Chance. 4 De G. J. and S. 6-6 . Marquis of Salisbury v. Gladstone, 9 H.L. Gas. 862. 4 Wilson V. Wille'i. 7 East. 121. 5 Baker i\ Rosers. Select Ca. Ch. 74, o AUgood V. Gibson, 34 L.T. 883. ' Earl of Dnnraven v. Llewellyn. 15 Q.B. 791. ° Jones t). Robin, 10 Q.B. 620. PART RIGHTS OF COMMOX. 171 periods of the year. In every case it is not a question of what the tenant has acquired, but what the custom of the manor allows. The striking peculiarities of the copyholder's right of common are that it may be stinted to a definite quantity, it can only be appurtenant, and severance from the tenement will at once extinguish the right. It will also be extinguished by an enfranchisement at common law ; but under the Copyhold Act, 1894,i it is expressly provided that the tenant's right of common shall not be affected. THE RIGHTS OF THE LORD OF THE MANOR OVER THE COMMOX LANDS. The lord of the manor is the owner of the soil of the common lands ; and, subject to the commoner's rights, he can do as he pleases therewith. He can plant trees, make ponds, breed game, dig clay, get coals, and such like, provided that he does as little damage as possible, and does not interfere with the tenant's rights.^ In a recent case,^ the lord of the manor granted a lease by deed to train and gallop horses on the waste lands of the manor, and the tenants sued him for damage to their rights of common of pasture by the lessee. It was held that the lord would not be liable for such damage, unless it was proved that the lessee did the damage as the lord's agent or with his licence, and that even if licence were given it would not of necessity involve injury to the right of pasturage. In every case 1 57 & 53 Vict. u. 4S. 2 Kirbv V. Sadgrove, 1 Bos. and P. 13. » Coole V. Ford, [1900] 83 L.T. 4SJ. 172 COPYHOLDS. the onus of proof of damage, or undue interference with rights of common, hes upon the tenant or commoner.^ / The lord has a right of common on his own land along with the rest, and a claim by commoners to rights of common, to the exclusion of the lord, is bad ; but there may be a right excluding the lord for a certain period of the year, when land is held in severalty. The lord has, in some cases, power to enclose portions of the waste by Statute or by the custom of the manor, as shown below. The lord also has power to convey the waste lands under various Acts of Parliament, which provide for the compulsory taking of lands ; for instance, under the Lands Clauses Con- solidation Acts,2 the Church Buildings Act, the School Sites Act, the Literary Institute Acts, and others. THE RIGHTS OF THE COilMONERS. The persons who own a right of common over the waste lands of the manor have no estate in the land, but only a right of entry thereon for the purpose of using their common, and they can take nothing beyond what they have the right to. For instance, a common of pasture gives no right to take peat or wood, nor even to cut down the bushes, bracken, heather, and the like, or destroy the rabbits, although his common may be injured thereby, unless he can prove a custom to do so. At the present day this is often a subject of 1 Hall V. Byion, 4 Ch. D. (537. 2 8 Vict, c, IS and amendiiifi Acts. PART RIGHTS OF COMMOX. 173 dispute ; and, in some parts, the commoners illegally set fire to the gorse and heather on the wastes, so as to allow grass to grow. The commoner has the right of ingress, egress, and regress in connection with his common, and he has a right of action at law against anyone who deprives him of his right. Such action can be brought against the lord, or against other commoners, or against a stranger. He can also bring an action for establish- ing his rights. Thus, a freeholder can bring an action on behalf of himself and the other freeholders of the manor, or a copyholder on behalf of himself and the other copyholders ; but one commoner suing alone could not proceed to establish a right of common pur cause de 7'iciuagc, for that belongs to all the commoners of the manor. The commoner has also the right to abate anything which prevents him from enjoying his common. £.0., he can remove a hedge which keeps his cattle out, or break down a gate, but the law does not favour such methods ; and if the commoner can get at the common, and enjoy it to a certain extent so that his rights are merely abridged and not entirely prevented, he must bring an action, and cannot take the law into his own hands, as by cutting down trees planted on part of the waste. 1 But where a house was erected on the waste and obstructed rights of common, a commoner was held to be entitled to pull it down, after giving notice to the occupier and requesting him to remove it, although the occupier was actually inhabiting 1 Sadgrove v. Kirby, 6 T.R. 4S3 ; Arlett v. Ellis, 7 B. and C. 363. 174 COPYHOLDS. it at the time.^ A commoner also has the right to distrain the cattle of a stranger trespassing on the common. THE EXTINGUISHMENT OF RIGHTS OF COMMON. The rights of common which exist over the waste of the manor and over the common fields will be extinguished in cases of unity of possession where the land and all the rights become vested in the same owner, though it would appear that it can be revived in some cases, as where the tenant purchases the manor and subsequently grants his tenement as copyhold again. A right of common will also be extinguished in many cases by the severance of the right from the tenement, or by the destruction or alteration of the tenement to which it is attached, or by the commoner releasing his rights to the lord, or by the product over which the right exists becoming exhausted, or by the tenant abandoning his right, or by enclosure, and such like. It is unnecessary, in an elementary work of this description, to go further with these questions, except, perhaps, as regards enclosure, which is of more general interest. THE ENCLOSURE OF COMMONS. By various Acts of Parliament, and by the custom of some manors, a right is given to the lord of the manor or others to enclose a portion or the whole of the waste lands of the manor, or the common fields. 1 Davies v. Williams. 16 Q.B. 546 ; and see Lane v. Capsey, [1891] 3 Ch. 411. PART RIGHTS OF COMMON. 175 By the custom of some manors the lord is given power to enclose, and grant as copyhold, portions of the \vaste lands, the consent of the homage being often necessary ; but, owing to recent Statutes, this power has become inoperative. EXCLOSURE BY ACT OF PARLIAMENT. The earliest pow-er given to enclose common lands by Act of Parliament is by the Statute of Merton, 1235,^ under which the lord was empowered to enclose against common of pasture appendant, provided he left sufficient land for the commoners' requirements. This power was extended to common of pasture appurtenant, and to rights of common held by persons who were not tenants of the manor by the Statute of Westminster II., 1285.^ These Statutes, which are known as the Statutes of Approvement, do not apply to common of pasture in gross, nor to any other right than common of pasture ; and, if such existed, no enclosure could be made under the Statutes of Approvement. Enclosures under the Statutes of Approvement were made solely for the benefit of the lord ; but, at a later date, enclosures by special Act of Parliament for the benefit of the lord and his tenants became usual, the common land being entirely enclosed and allotted in severalty amongst those having interests therein. Prior to the vear 1800 it appears that about sixteen hundred or seventeen hundred of such Acts were passed. In 1801 Sir John Sinclair's General Inclosure Act ^ was passed, consolidating the provisions usually inserted in Private Acts, and making legislation easier. 1 20 Henry III. c. 4. ■^ 13 Edw. I., St. I. u. 46. 3 41 Geo. I. t. 109. 176 COPYHOLDS. The special Acts of Parliament above referred to appear to have dealt with waste lands onl}^, but the Common Fields Enclosure Act, 1836/ aimed mainly at the enclosure of open and arable fields, and the pro- tection of open spaces near towns. The present procedure, however, is under the Inclosure Acts, 1845-1882.^ The General Inclosure Act, 1845,^ was passed with the express object of facilitating the improvement and enclosure of com- mon and other lands then subject to rights of property, which obstructed cultivation and the productive employment of labour. This Act appointed Com- missioners to judge of the expediency of any proposed enclosure and to superintend its execution, and it expressly named the following classes of land as being subject to enclosure : — (a) All lands subject to any rights of common whatso- ever, and whether such rights may be exercised and enjoyed at all times, or be exercised or enjoyed only during limited times, seasons, or periods, or be subject to any suspension or restriction whatsoever in respect of the time of the enjoyment thereof. (b) All gated and stinted pastures, in which the property of the soil, or some part thereof, is in the owners of the cattle-gates, or other gates, or stints, or any of them ; also all gated or stinted pastures in which no part of the property of the soil is in the owners of the cattle-gates, or other gates, or stints, or any of them. ^ 6 & 7 Will. IV. u. n5. 2 8 & 9 Vict. c. 118; 9 & 10 Vict, c.70; 10 & U Vjct. c. Ill ; 11 & 12 Vict. c. 99: 12 & 13 Vict. c. 83 ; H & 15 Vict. c. 53 ; 15 & 16 Vict. c. 79 ; 17 & 18 Vict. c. 97 ; 20 & 21 Vict. c. 31 ; 22' & 23 Vict. c. 43 ; 31 & 32 Vict. ^. 89 ; 39 & 40 Vict. c. 56 ; 41 & 42 Vict. c. 56 ; 42 cS; 43 Vict. c. 37 ; 45 Vict. c. 15. 3 8 & 9 Vict. c. 118. PART RIGHTS OF COMMON'. 177 (t) All lands held, or occupied, or used in common, either at all times or during any time or season, or periodi- cally, and either for all purposes or for any limited purpose, and whether the separate parcels of the several owners of the soil shall or shall not be known by metes, or bounds, or be otherwise distinguishable. (d) All land in which the property or right of or to the vesture, or herbage, or any part thereof during the whole or any part of the year, or the property or right of or to the wood or underwood growing or to grow thereon, is separated from the property of the soil. (e) All lot-meadows and other lands the occupation or enjoyment of the separate lots or parcels of which is subject to interchange among the respective owners in any known course of rotation, or otherwise. The Forest of Dean, the New Forest, and all village greens, town greens and recreation grounds were exempted from the operation of the Act ; and no enclosure of waste land belonging to a manor, or other land subject to rights which could be exercised at all times of the year, could be enclosed without the previous authority of Parliament. A similar consent was also required for the en- closure of any land within fifteen miles of the City of London, or within certain specified distances of other towns. The Act also enabled the Commissioners to require the appropriation of considerable areas of land for the purpose of the recreation of the inhabitants of the neighbourhood in which it was situate, such areas varying in size with the population of the parish. E.g., a parish with a population of 10,000 inhabitants was to have ten acres ; 5,000-10,000, eight acres ; 2,000- 5,000, five acres ; and, under 2,000, not more than four acres. N 178 COPYHOLDS. The majority in number and value of the persons interested in a waste may appropriate parts for roads, suppHes of gravel, etc., for the parish roads, for public drains, watercourses and embankments, ponds, allot- ments, recreation grounds, burying grounds, for the site of a church, parsonage, school, workhouse, etc. The Metropolitan Commons Act, 1866,^ limited the Inclosure Act to outside the Metropolitan Police District. It provides for commons in the district to be vested in the local authorities, and compensation to be paid for damage done to any interest or right in the land. These commons are now vested in the London County Council. Up to 1876 some 414,000 acres were enclosed under the 1845 Act,^ and out of this less than 4,000 acres were dedicated to the public for recreation. On thinking over what has been written above as to common lands, it appears evident that in early times the policj' of holding lands in common, for a part of the year at any rate, was much favoured, but that later such holdings were found to be an intoler- able nuisance. It appears that in many cases large fields were divided up into tiny strips. Each of these had once, no doubt, been held by separate individuals ; but, as time went on, several of them, though detached from one another, came into the same hands. The trouble and inconvenience were great, the necessity for enclosure and redistribution evident, and the small holder to a great extent had to go, because he was unable to make a reasonable living. There now seems 1 29 & 30 Vict. >,. 123. '^ 8 & 9 Vict, v;, 118. PART RIGHTS OF COMMON. 179 a probability of history repeating itself. The recent Small Holdings and Allotments Act, 1908/ constitutes the local authority as landlord where once the lord of the manor lailed, and powers are given by the Act. to acquire land to be used as common land by such of the inhabitants as desire and are willing to pay for the right to turn out a certain number of cattle. The local authority can also acqviire land for the purpose of attaching to the small holdings and allotments provided by the council rights of grazing, sheepwalk, and other similar rights, and it can acquire stints and other alien- able common rights of grazing for the same purpose. The Commons Act, 1876,^ which does not apply "to metropolitan commons, gives the Commissioners greater powers for the protection of the public, and •directs them in their enquiry as to the benefit of the proposed enclosure, or regulations of commons ; and where manorial wastes are to be enclosed, the lord must consent, as well as two-thirds of the persons interested, before the Commissioners can make their Provisional Order for the enclosure of the common, which Order would have to be confirmed by Parliament. This Act also greatly crippled the lord's right of approvement under the Statutes of Rlerton and West- minster ^ ; and the Law of Commons Amendment Act, 1893,* absolutely prohibited any enclosure thereunder, unless the consent of the Board of Agriculture be first obtained. 1 8 Edw. Vn. c. 36, ss. 34 &42. 2 39 & 40 Vict. c. 56. S 20 Hen. HI. c. 4 and 13 Edw. I., St. 1, c. 46. « 56 & 57 Vict. c. 57. 180 COPYHOLDS. The Copyhold Act, 1887/ as re-enacted by the Copyhold Act, 1894,^ also prohibited the lord of the manor making any grants of land, not previously of copyhold tenure, to any person to hold by copy of Court Roll without the previous consent of the Board of Agriculture ; so that at the present time any enclosure of waste lands, except through and with the consent of the Board of Agriculture, is practically impossible. ENCLOSURE BY CUSTOM. The custom of the manor very often gave the lord the right to enclose portions of the waste lands. These customs varied greatly, but were in all cases defined and limited in character. A custom for the lord to enclose without limii is bad.^ The customs were not limited to enclosures against common of pasture,, but extended to estovers, turbary, and the like, as well. Thus, although it was held that the Statute of Merton only applies to common of pasture, so that the lord had no right under it to approve against common of turbary or common of estovers,* it was also held that the lord might be able to do so by custom, provided he leaves sufficient for the commoner's requirements,^ and further, that a custom for the lord to grant portions of the waste with the consent of the homage is good, notwithstanding the fact that sufficient common is not left to meet the full requirements of the commoners." 1 50 & 51 Vict. c. 75. 2 57 S; 58 Vict. c. 40. 3 Arlett V. Ellis, 9 B. and C. 671. ^ Grant v. Gunner, 1 Taunt. 435. = Arlett V. Ellis, 7 B. and C. 345 ; Lascelles x'. Lord Onslou-, 2 Q.B.D. 4o3. 6 Ramsey v. Cruddas, [1893] 1 Q B. 2.39. PART RIGHTS OF COMMON. 181 ENCROACHMENT. The commoner's rights may be lost by the encroachment upon the waste by a stranger ; and, if such encroachment lasts for twenty years, and the commoner neglects to assert his rights, the common will be extinguished. Where the commoners themselves encroach upon the waste land, and thereby increase their holding, such additions are in general for the benefit of the lord,^ even if the encroachment is over the land of a stranger.^ On some manors, a custom prevails, whereby the tenants are allowed to encroach upon the common, and to add portions thereof to their holdings, either tempoi'arily or permanently. An encroachment on the waste by a copvhold tenant (at any rate, if the lord can grant a part of the waste as copyhold) becomes an accretion to the original holding, and the tenant can only obtain a copyhold title under the Statutes of Limitation.^ 1 Kingswell 1). Millsed, n Ex.315. 2 Whitmore v. Humphries L.R. 7 C.P. 1, 3 Attorney-General v. Toniline, 46 L.J. Ch, 654. CHAPTER XIV. THE EXFRANCHISEMENT OF COPYHOLDS. The power of enfranchising his copyhold, which is possessed by every copyholder, is perhaps the most valuable of all his privileges. He is thereby enabled to do away with the copyhold tenure, and to convert it into freehold ; so that the whole of his liabilities to the lord are extinguished, and the oi"dinary laws relating to freeholds apply, instead of the custom re- lating to the copyholds upon that particular manor. HISTORY OF COPYHOLD ENFRANCHISEMEXT. The power to enfranchise no doubt existed in com- paratively ancient times, as enfranchisement merely means the acquisition by the copyholder of the lord's interest in the tenement. The lord can sell his interest to his tenant at any time ; or, by another method of procedure, the lord can release to the tenant his seignorial rights over the copyhold land, and thereby free the land from all liability. There were many difficulties attaching to the enfranchisement at common law, and for the purpose of facilitating enfranchisements the Copyhold Act, 1841,^ was passed. This Act provided for the commutation of the manorial services into a rent-charge, providing either for a particular commutation b}^ agreement between the lord and any individual tenant, or for a general commutation between the lord and all, or a large 1 4 &5 Vict. c. 35- THE ENFRAXCHISEMENT OF COPYHOLDS. 183 number, of the tenants.^ It also provided for enfran- chisement by agreement between the lord and the tenant, and created a body of Copyhold Commissioners before whom every agreement for enfranchisement had to come. This Act was followed by two others, passed in 1843^ and 1844,3 extending the provisions of the 1841 Act. These three Acts only provided for voluntary enfranchisement between the lord and the tenant, and neither of them could compel the other to enfranchise the land. The first power of compulsion was given by the Copyhold Act, 1852,* which enabled either the lord or the tenant to compel the enfranchisement of any copyhold or customaryhold land, by giving notice to the other party. The consideration to be paid could then be agreed upon, or ascertained by the Commis- sioners, or by valuers and their umpire. This Act was further amended by Acts passed in 1858^ and 1887,'' the 1858 Act abolishing general commutations and repealing a short Act passed in 1853.' By the Copyhold Act, 1894,8 the whole of the above Acts were repealed and a new Act passed, consolidating the provisions of the previous Acts and making a few slight alterations, so that in this one Act may now be found the whole of the Statute Law upon the subject. ^ General commutations were done away with by tiie Copyhold Act, 1S53, an particular commutations ceased after the passing of the Copyhold Act, 1894. 2 6cS:7Vict. c. 23. ■■' 7 & 8 Vict. t. 55. ■l 15 & 16 Vict. G. 51. •'■' 21 & 22 Vict, c 94. <> 50& 51 Vict. c. 73. ^ 16 & 17 Vict. c. 57. 8 57& 53 Vict. c. 46. 184 COPYHOLDS. Besides the powers of enfranchising at Common Law, and that given by the Copyhold Acts, there are various Statutes under which power is given to enfranchise, such as Acts for the compulsory acquisition of property and Acts giving powei's of sale. There are also various Acts relating to enfranchisement upon special manors, such as those belonging to the Crown, the Duchies of Lancaster and Cornwall, and the various ecclesiastical and collegiate bodies. THE AUTHORITY FOR COPYHOLD E\FRA\CHISEMEXT. Prior to the passing of the Copyhold Act, 1894/ the authority for copyhold enfranchisement had become changed. By the Settled Land Act, 1882,^ the Tithe Com- missioners, under the Tithe Commutation Act, 1836^; the Copyhold Commissioners, under the Copyhold Act, 1841*; and the Inclosure Commissioners, under the General Inclosure Act, 1845,^ were combined into one bodv, called the Laud Coiiiiiiissioiwrs. Bv the Board of Agriculture Act, 1889,*' the Land Commissioners were in their turn done away with, and a new bodv, called the Board of Ai•n.l It has been made clear that mere neglect by the lord to collect his quit-rents, or to enforce the services 1 Doc d. Johnson v, Ireland, 11 East. 283. THE ENFRANCHISEMEXT OF COPYHOLDS. 193 due to him, will not by itself be sufficient to cause a presumption of enfranchisement. On the other hand, non-payment of quit-rent for twelve years bars the lord's right to recover it under the Statutes of Limita- tion,-"- so in this way an extinction of that incident can be brought about and a partial enfranchisement is efifected. And where it can be shown that neglect upon the lord's part is combined with other circumstances, such as the creation of a new rent, it appears right to presume that the old services have been done away with, and that a partial enfranchisement, of the nature of a commutation, has taken place. But in the absence of evidence adverse to the lord's rights, the Court will not presume enfranchisement of land shown to have been copyhold in 1717 from mere negligence of the lord in exacting small acknowledg- ments for which the fines were then commuted.^ In a case where land was sold as freehold, it was shown that the land had been treated as freehold for upwards of one hundred years, and the only intimation that it was copyhold was to be found in some recitals and a covenant to surrender in a modern deed to which the lord was not a party. The purchaser required the vendor to enfranchise ; but the Court held that enfran- chisement must be presumed, and that the purchaser could not require the vendor to enfranchise the land.^ ' It was also held that the lord's right of enti"y was barred by the Statutes of Limitation.* 1 3 & 4 Will. IV. c. 27. 2 Turner v. West Bromwich Union. 3 I.-T. 662. '^ In re Lidiard and Broadley's Contract, 53 L.J. Ch- 735. ^ 3 & 4 Will. IV. c. 27. CHAPTER XV. THE COPYHOLD ACT, 1894. THE PURPOSE OF THE ACT. This Act was passed for the express purpose of consoli- dating the six Copyhold Acts which were then in force, viz., the Copyhold Acts, 1841,i 1842,2 1844,3 1852,* 1858,^ 1887.^ It repealed them all, and re-enacted- the chief of their provisions. It also repealed Section 4 of the Universities and College Estates Act Exten- sion Act, I860.'' It applies only to England and Wales, not to Scotland or Ireland, and it does not extend to manors or land belonging to the Crown or the Duchy of Lancaster (except as is expressly provided in the Act) ; or to manors or land belonging to the Duchv of Cornwall ; or to manors belonging to anv Ecclesias- tical Corporation or to the Ecclesiastical Commis- sioners where the tenant has no right of renewal. It applies to all copyhold and customary freehold land, except as above stated, and several of the provisions can be used to extinguish incidents upon, and otherwise deal with, ancient freehold lands merelv held of manors and not parcel thereof. It does not interfere with any enfranchisement made at Common 1 4&5 Vict. c. 35. 2 6&7 Vict. C.23. « 7 & 8 Vict. c. 55. il 15 & 16 Vict. c. 51. s 21 & 22 Vict. u. 94. 6 50 & 51 Vict. u. 73. 7 23 & 24 Vict. c. 59. THE COPYHOLD ACT. 195 Law, nor with the exercise of any powers contained in any other Act, of ParHament, many of which contain provisions for the enfranchisement of copyhold lands. It contains the whole of the law relating to the statutory enfranchisement of copyholds in ordinary ■cases. THE AUTHORITY FOR THE EXECUTION OF THE ACT. The authority for the execution of the Act is the Board of Agriculture (now the Board of Agriculture and Fisheries). One of their departments is styled the Copyhold Department, and every enfranchisement under the Act passes through their hands. Every year the Board must make a general report of their proceedings and lay it before both Houses of Parliament. The Board can delegate many of their powers to their officers, but the Board has the sole power of •confirming agreements and awards, and of doing such things as are required to be done under the seal of the Board. The Board has full powers to recall, modify ■or alter, any of the powers they delegate, and to execute any of the delegated powers themselves. But the acts of any delegate are effective, and must be obeyed as acts of the Board ; and if any person ■obstructs or hinders a member or officer of the Board, or a valuer or umpire acting under the powers -of the Act, he is liable to a fine not exceeding five pounds. WHAT CAN BE ENFRANCHISED UNDER THE ACT. The Act gives power for the enfranchisement of all copyhold and customary freehold lands ; that is. 196 COPYHOLDS. it provides for the conversion of such lands into ordinary freeholds, if a proper consideration is paid for doing so. It also provides for the extinguishment of all heriots, quit rents, free rents, and other manorial' incidents affecting ancient freehold lands which are not parcel of a manor. These enfranchisements can be made by agreement or compulsion but in all cases the enfranchisement must be made through the Board of Agriculture and Fisheries. The word " manor " is expressly made to include a reputed manor, and so there is no reason why any person should suffer the inconvenience of any manorial burdens if he is willing to pay for their abolition. The terms of enfranchisement are reasonable, the trouble involved is made as light as possible, and it may be said generally that a person can get rid of all such burdens for ever by paying no more than he would during an average period of two or three admittances, even on those copyholds where the burdens are most onerous. WHO CAN ENFRANCHISE UNDER THE ACT. Any lord or any admitted tenant can either agree to or compel an enfranchisement, except in those cases where the admitted tenant is a mortgagee not in possession. The lord may be seized in fee simple, fee tail or for life, and can enfranchise whether he has the power to sell the manor or not, and even a person acting as lord, but not lawfully entitled, can enfranchise ; and so can ecclesiastical lords seized in right of the church or otherwise, and lord farmers holding under them, and bodies corporate or collegiate. THE COPYHOLD ACT. 197 A tenant may be anyone holding by copy of court roll, or as customary tenant, or holding land subject to any manorial right or incident ; and whether the land is held to him and his heirs or two or more in succes- sion, for life or lives or years, and whether the land is held of a manor or not. A surrenderee by way of mortgage in possession, or in receipt of the rents and profits of the land, has also a right to enfranchise. In those cases where land is held in undivided shares, any pei'son in receipt of at least two-thirds of the value of the rents and profits of the land has the right to enfranchise. Although the lord or tenant is only a trustee for others, and is not beneficially interested in the land, he has full power to act. And when there are several trustees, and one or more of them is abroad, or is incapable of acting, or refuses to act, the remaining trustee or trustees can act so far as regards all proceedings that are necessary for an enfranchisement under the Act. Where either of the parties are under any disability, full power to act is given by the Act. Thus, infants can act by their guardians, lunatics by their committees, persons abroad by their attorney. In every other case, or if such representative persons have not been appointed, the Board will appoint some fit person to represent the lord or tenant. Coverture is no disability to a married woman, who is deemed to be a feme sole for the purpose of the Act. A lord may act on his own behalf, but generally the steward acts on behalf of the lord. He requires no power of attorney or other express specific power 198 COPYHOLDS. except to consent to the inclusion of the mines, minerals, franchises, etc., under Section 23, or to grant a licence to alienate under Section 86. The expression "steward" includes a deputy-steward and a clerk of a manor, and any person for the time being filling the character of or acting as steward, whether lawfully' entitled or not. Either the lord or tenant, or other person interested in proceedings under the Act, can also appoint an agent by power of attorney to act for him. Such power of attorney may be in writing, except where given by a corporation, when it must be under their seal ; it must be signed by two witnesses, and sent to the Board of Agriculture and Fisheries. A form of appointment is given in the First Schedule to the Act. The appointment of an agent may be revoked by sending notice to the Board in writing or under seal as necessarjf. If either lord or tenant dies during the enfranchise- ment proceedings, provided that proper notices have been given or an effective agreement has been entered into, the matter will go on without a fresh commence- ment. If any admittance or enrolment of the legal representatives of the deceased party are necessary, it must be made, but no tine, relief or heriot, is payable to the lord in consequence of the death. The steward's fees must no doubt be paid. The enfran- ment consideration is not affected, but must be ascertained on the same footing as if the enfranchise- ment consideration had been carried out immediately after the commencement of proceedings. The rights THE COPYHOLD ACT. 199 and liabilities of the parties are expressly conferred and imposed on their successors both during and after enfranchisement proceedings. The Board of Agriculture and Fisheries can, if they see fit, require the lord or steward of the manor to make a statutory declaration in such form as the Board direct, stating who are the persons for the time being filling the character or acting in the capacity of lord, the nature and extent of the lord's interest in the manor, and giving short particulars of his title, the time when the last court was held, and who held it, and the incum- brances (if any) affecting the manor. If such declaration is not satisfactorily made, or if the Board considers that the encumbrancers should be protected, the Board may require the compensation, if a gross sum, to be paid into Court or to trustees. In those cases where the lord requires enfranchisement the Board shall, if the tenant so requires, make enquiries and satisfy themselves as to the lord's title. If the lord's estate and interest in the land to be enfranchised are found to be subject to a fee farm I'ent or any other charge, the Board, if applied to by the person bound to pay it, may order that such charge shall be shifted on to other land of adequate value, or that an adequate amount of Government Stocks or Funds shall be transferred into Court or to trustees to pay the charge in future. THE TENANT'S LIABILITY BEFORE ENFRANCHISING. There are two cases where a tenant must make a payment before he can require enfranchise- ment. To such payments the name of "enabling fines" has , been.. applied. The cases , are, firstly^ 200 COPYHOLDS. where no admittance to the copyhold has been made since 30th June, 1853, in which case he must pay such fine and the value of such heriot (if any) as would become payable on an admittance or alienation and two-thirds of the sum due to the steward on such admittance ; and, secondly, in any other case he must pay all fines and fees consequent on the last admittance to the land; that is, any outstanding pay- ments, or, at any rate, all such as are not Statute barred. The tenants of ancient freehold and customary freehold, when subject to heriots, are also liable to pay the value of a heriot and two-thirds of the steward's fees for alienation, admittance or enrolment, if no heriot has become due since 30th June, 1853. THE METHODS OF ENFRANCHISIXG. There are two ways of enfranchising und^r the Act, viz., compulsorily and voluntarily. Compulsory enfranchisement commences by a notice to compel, and is completed by the award of the Board of Agriculture and Fisheries. A voluntary enfranchisement commences with the agreement between the parties, and is completed by a deed approved by the Board of Agriculture and Fisheries. For compulsoi'y enfranchisement the consideration which the tenant must pay to the lord is a lump sum of money, or a rent-charge of four per cent, thereon; the latter form of consideration being allow- able in every case except where the tenant gives the lord notice to compel the enfranchisement and the con- sideration does not exceed one year's annual value of the property. Where the enfranchisement is voluntary THE COPYHOLD ACT. 201 the Act allows a considerable variety of forms of consideration, such as a gross sum or a fixed or variable rent-charge, a conveyance of land, or a right to mines or minerals, or a conveyance of a right to waste in lands belonging to the manor. An enfranchisement takes effect from the date of the award, or from the day of the confirmation of the enfranchisement deed, unless some other date is named in the award or the deed. The two methods of enfranchising will be dealt with at length in later chapters. THE EFFECT OF ENFRANCHISEMENT. Whether an enfranchisement is carried out under the Act by voluntary or compulsory methods, the effect is just the same. The chief of the results are as follows : — 1. Tenure. — The copyhold is extinguished and the land becomes of freehold tenure. 2. Escheat. — The lord retains the same right of escheat as he had liefore the enfranchise- ment. 3. Customs of descent. — All customs of descent ai'e abolished, except gavelkind in Kent, and Common Law rules take their place. 4. Frcebencli, etc. — All customs relating to dower, freebench and curtesy cease, and are replaced by the laws applicable to freehold land. But where a person was married before the date at which the enfranchise- ment takes effect, such rights of dower^ free- bench or curtesy as she or he had will remain for his or her life. 202 COPYHOLDS. 5. Title. — The enfranchising tenant's title is the same as that by which he held at the date when the enh-anchisement took place; that is, in most cases, the copy of the court roll, and his title shall not be subject to any estate, right, charge, or interest afifecting the manor. 6. Mortgages. — Every mortgage of the copyhold becomes a mortgage of the freehold for a corresponding estate, but is subject to any charge having priority by the Act, such as, for instance, a rent charge for the enfranchisement consideration. 7. Leases. — Any leases of the copyhold become leases of the freehold, so that both land- lord and tenant are fully protected from any alteration in the relation between them. 8. Coniuioiis. — The tenant's right of common remains attached to the enfranchised land. 9. Minerals. — The estates and rights of the tenant and lord in or to any mines, minerals, limestone, lime, clay, stone, gravel, pits or quarries, whether under the land or not, remain just as they were before, unless both lord and tenant expressly agree in writing that they shall be other- wise dealt with. Also anv rights and ease- ments which both or either party may have, to search for and work such minerals, etc., remain as they were before, but the THE COPYHOLD ACT. 203 9. Minerals (continued) — owner of the land is given tlie right to remove and disturb the soil, to make roads and drains, to erect buildings, and to obtain water on the land. The tenant can con- sent to the grant to, or reservation by, the lord of any rights of way or other ease- ment over the land enfranchised for mining purposes, but these must be reserved by the award or granted by the deed of enfranchisement. 10. Franchises. — The lord's rights, franchises, royalties, and privileges in respect of any fairs, markets, rights of chase or warren, piscanes and other rights of hunting, shoot- ing, fishing, fowling, or otherwise taking game, fish or fowl, will remain attached to the manor, unless otherwise express^ agreed in writing by both lord and tenant. With regard to both 9 and 10 a steward cannot consent on behalf of the lord without special authoritv. CHAPTER XVI. VOLUNTARY ENFRANCHISEMENT UNDER THE COPYHOLD ACT, 1894. WHO CAN AGREE. One of the chief advantages of this form of enfran- chisement over that at Common Law is that the lord can grant an enfranchisement of the land although he may only have a most limited interest therein, may have no power of sale, and however bad his title may be. Even if he is merely acting as lord for the time being he is able to grant an enfranchisement. Another advantage is, that however bad the lord's title may be, the tenant will always acquire a freehold title at least as good as his old copyhold title. For the protection of both parties it is provided that the Board must give their consent to the enfranchisement. As has been shown in the last chapter, the lord and tenant who have the power to grant and accept an enfranchisement are of the widest possible class, and, where they possess less than an estate in fee simple in possession or a corresponding copyhold or customary estate, if the tenant has not paid the whole cost of enfranchisement, the lord or tenant respectively must give written notice of the proposed enfranchisement to the person entitled to the next estate of inheritance in remainder or reversion in the manor or in the land to be affected by the enfranchisement.^ The remainder- 1 See Form B -^ in Appendix. VOU'XTARY ENFRANCHISEMEXT. 205 man has the power of signifying his assent or dissent to the enfranchisement hy writing to the Board of Agriculture and Fisheries at, or any time before, the time when the enfranchisement deed is sent to the Board for confirmation. THE AGREEMENT FOR ENFRANCHISEMENT. A vohmtar}^ enfranchisement commences with an agreement between the lord and the tenant, whereby the lord agrees to make, and the tenant to accept, an enfranchisement. This agreement can always be on such terms as the parties decide, but in every case it is subject to the approval of the Board of Agriculture and Fisheries. The agreement may set forth the amount of the consideration to be paid by the tenant to the lord for the enfranchisement, or may fix some means by which it can be ascertained. It would appear that the parties can agree the amount of the consideration between themselves or can leave it to the' Board to decide the question of the amount, or leave it to valuers, in a similar way to that in which the question is referred to the Board or to valuers in the case of a compulsory enfranchisement. This is described in the next chapter. Where the parties agree the enfranchisement con- sideration between themselves they must agree some- thing that is reasonable, or the Board of Agriculture and Fisheries will object. THE ENFRANCHISEMENT CONSIDERATION^. In the case of voluntary enfranchisements the consideration may take a variety of forms, and may 206 COPYHOLDS. be partly in one and partly in another of these if so agreed. In all cases the sanction of the Board of Agriculture and Fisheries is necessary. The forms of consideration allowed are : — 1. A gross sum payable at once or at any time fixed by the agreement. 2. A rent-charge charged on and issuing out of the land enfranchised. 3. A conveyance of land or of a right to mines or minerals. 4. A conveyance of a right to waste in lands belonging to the manor. With regard to these forms of consideration it may be noticed that where the consideration is a gross sum, and it is. not fully paid at the date fixed by the enfran- chisement deed for its payment, it becomes a first charge upon the land, together with interest thereon from the date at which it ought to have been paid until the date when it actually is paid. This charge takes priority over all incumbrances affecting the land, except tithe rent-charge and any charge having priority by Statute, notwithstanding that those incumbrances are prior in date. The lord is regarded as mortgagee in fee for this purpose, and can distrain for anv interest due as if it was rent in arrear. Where the consideration is wholly or partly a rent- charge it may take the form of a fixed annual sum, or, where it exceeds the sum of twenty shillings, it may be an annual sum varying with the price of corn, in like manner as a tithe commutation rent-charge. It may VOLUXTARY EXFRANCHISEMEXT. 207 also be made by the enfranchisement agreement to be subject to an increase or decrease in a certain way, or in someway to be afterwards ascertained by the valuers in any event which is provided for by the agreement. The rent-charge may be charged on the whole or any part of the land enfranchised. It commences from the date of the confirmation of the enfranchisement deed or a date fixed thereby. It is payable half-yearly on the 1st day of January and the 1st day of July. It is a first charge on the land, and takes priority over all incumbrances except tithe rent-charge and any charge having priority by Statute. It is recoverable by distress if twenty-one days in arrear ; or if forty days in arrear by entry and receipt of the rents and profits, or by creation of a term of years. It can be apportioned on the various parts of the land by agreement between the parties. It may be sold by its owner. It can be redeemed by giving six months' notice expiring on any half-yearly day of payment at twenty-five times its yearly amount, if that is a fixed amount, or in any other case at a sum to be fixed by the Board of Agriculture and Fisheries. When the consideration is land or a right to mines, and the land is not parcel of the manor, or the mines not under the land enfranchised, if the estate of the lord is less than an estate in fee simple in possession, the Board of Agriculture and Fisheries must be satisfied that the land can be conveniently held with the manor, and it must be settled to the same uses and trusts as those on which the manor is held. In the case of the consideration being in this form, or where the consideration is a right to 208 COPYHOLDS. waste, the tenant is given power to convey them to the lord by a proper deed, as if they belonged to him and he was the owner in fee simple. THE ENFRANCHISEMENT DEED. A voluntary enfranchisement is completed by means of an enfranchisement deed. Whatever the interest of the lord may be, he is enabled to make this deed as if he were the absolute owner of the manor in fee simple in possession. This deed must be submitted to the Board of Agriculture and Fisheries for their approval, and has no effect until it has been confirmed by them by means of a memorandum. If any remainderman is entitled to receive notice of the proposed enfranchise- ment he can signify his assent or dissent to the Board ; and if he dissents, in writing, the Board will withhold their consent until they have made further enquiries and are satisfied that the agreement is not fairly open to objection. In any other case the Board may cause such further notices to be given, and such enquiries made, as they see fit before they confirm the enfran- chisement deed. 2R '^0 Two forms of deed, B — and B 1_ will be found B B in the Appendix. COMMENCEMENT OF ENFRANCHISEMENT. The enfranchisement takes effect from the date of the confirmation of the enfranchisement deed by the Board of Agriculture and Fisheries, unless the memo- randum of confirmation of the enfranchisement deed VOLrXTARY ENFRANCHISEMEXT. 209 states some other date as from which the enfranchise- ment shall take effect, in which case it will take effect from the date so stated. THE EXPENSES OF AN ENFRANCHISEMENT. The expenses of a voluntary enfranchisement under the Act shall be borne by the lord and tenant in such proportions as they agree, or in default of agreement as the Board of Agriculture and Fisheries may direct. The expenses include all expenses which the Board consider to be incidental to an enfranchisement, whether for proof of title, production of documents, expenses of witnesses, or otherwise. THE steward's COMPENSATION. In the case of voluntary enfranchisements, the tenant usually agrees the amount which he will pay to the steward for the loss of his future fees in connection with the copyhold. There is no provision in the Act setting out what this should be, so that it would appear to be purely a matter of agreement. CHARGE FOR ENFRANCHISEMENT CONSIDERATION. In those cases where the enfranchising tenant is only entitled to a limited estate in the tenement, it is probable that he will take advantage of the power which the Act gives him to charge the enfranchised tenement, in favour of himself, with all money paid by him as the compensation or consideration for the enfranchisement, together with the expenses thereof. In those cases where he gives land as the consider- ation for the enfranchisement, he can, under similar 210 COPYHOLDS. circumstances, if he is absolute owner of the land conveyed, charge the land enfranchised with such reasonable sum as the Board of Agriculture and Fisheries consider to be equivalent to the value of the land conveyed, and with the expenses of the conve5'ance. The tenant can also, with the lord's consent, charge the enfranchised tenement, in favour of the lord, with the whole or part of the enfranchisement consideration. Interest on these charges is limited to five per cent., and may be by way of terminable annuity if desired. The charge may be made by deed by way of mortgage, or by a certificate of charge under the Act. Such charges are first charges on the land subject thereto, and take priority over all encumbrances, except tithe rent charge and any charge having priority by statute, notwith- standing that those charges are prior in date. The lord's expenses in connection with an enfran- chisement can be paid out of anv consideration or compensation money if a gross sum, or can be charged on the manor, or on land settled to the same uses as the manor. This charge can also be by deed by way of mortgage, or by a certificate of charge under the seal of the Board of Agriculture and Fisheries, as shown in the First Schedule to the Act. CHAPTER XVII. COMPULSORY ENFRANCHISEMENT UNDER THE COPYHOLD ACT, 1894. WHO CAN COMPEL AN ENFRANCHISEMENT. By the provisions of the Act, in any case where there is an admitted tenant of copyhold land, the lord can compel such tenant to accept an enfi'an- chisement of the land, or the tenant can compel the lord to grant an enfranchisement of the land to him; but if the tenant was admitted in respect of a mort- gage, and the mortgagee is not in possession, he cannot exercise this power. The only mortgagee that could do so would be a mortgagee who held by a legal title, has been admitted to the land, and is in legal possession thereof. The power of compulsion given by the Act does not extend to any manors belonging to the Crown, or the Duchy of Lancaster, or the Duchy of Cornwall, nor to any copyhold land held for life or lives or for years, where the tenant has not a right of renewal. The Act can be used not only by the customary tenants of manorial land, but also by ancient free- holders whose land, though not parcel of the manor, is liable to any heriot, quit rent, free rent or other manoria:! incident. The provisions of the Act apply to such cases. As has been shown, where no admittance to the copyhold has been made since 30th June, 1853, or 212 COPYHOLDS. where there are any outstanding payments consequent on the last admittance to the land, the tenant must make proper payments to the lord, so that he may be enabled to enfranchise. THE NOTICE TO COMPEL. Every compulsory enfranchisement must com- mence with a notice in writing properly sei'ved by the lord upon the tenant, or by the tenant upon the lord, as the case may be, of his desire to have the land enfranchised. This notice may be in the form 5 6 B Cj or B Tj given'in the Appendix. It can be served by leaving it at the usual or last known place of abode or of business in the United Kingdom, and can be served upon the lord or tenant, as the case may be, or by sending it to him by post by registered letter addressed to him at that place ; or, where he is the tenant of any premises, by delivering the notice or a true copy of it to some person on the premises, or, if there is no person on the premises to whom it can be delivered with reasonable diligence, b}' fixing it upon some conspicuous part of the premises. A copy of the notice should be forwarded to the Board of Agriculture and Fisheries with an endorsement stating when and how the original notice was served. THE ASCERTAINMENT OF THE COMPENSATION. The due service of the notice will enable either party to compel the other to proceed with the enfranchisement, and to complete the same, but it COMPULSORY ENFRANCHISEMENT. 213 by no means does away with the powers of the parties to come to some agreement upon the matter. The lord and the tenant have full power to determine between themselves the amount of the compensation by agreement in writing, subject to the approval of such agreement by the Board of Agriculture and Fisheries ; or they can agree in writing that the Board of Agriculture and Fisheries shall determine the amount ; or they may appoint a valuer or valuers to determine the matter on their behalf. AGREEMENT AS TO COMPENSATION BETWEEN LORD AND TENANT. When the lord and tenant agree the amount of compensation between themselves, they must do so in writing. It appears that they can do this even when they have only limited estates in the land, or that they are trustees. The written agreement must be sent to the Boai'd, together with the whole of the information required by 7 Form B — , and such further particulars as the Board may require, and these the Board will duly consider. The Board makes the award in the piatter, and will consider any application that is made in writing. The draft award is then prepared by the Board and sent to the parties, who have fourteen clays within which to make objections to it. As soon as the objections, if any, are dealt with, and the enfranchisement com- pensation has been paid or satisfactorily arranged for, the Board will confirm the award. 214 COPYHOLDS. The procedure from the time the agreement is sent to the Board to the confirmation of the award closely resembles that which is followed after the valuers have sent their decision to the Board, and this is fully explained later. THE VALUATION, WHEN MADE BY THE BOARD. The Board will make the valuation when the lord and tenant agree in \\'riting that the matter shall be referred to them, or where the valuation of the valuers or umpire is not completed, or where a valuation has been made by the valuers or umpire and the Board is not satisfied with it, and remits it to the valuers or umpire, and they do not amend it to the satisfaction of the Board. The Board, in such cases, must give due notice to the lord and tenant. In making the valuation the Board must take such proceedings and make such enquiries as they see fit. They are bound by the same rules as the valuers as to what they are to take into consideration. They and their servants and agents are given full powers of entry on the lands to take measurements and make plans and valuations, but they must give a reasonable notice of their intention to do so, and if they do any injury they must compensate the occupiers in respect thereof. When the valuation is completed, the Board must communicate the result in writing to the lord and to the tenant, and they must fix a time within which any objection to their valuation may be made. Either lord or tenant may object to the Board within the time allowed, but the objection must be in writing. If an objection is made the Board is bound to consider it. COMPULSORY EXFKANCHISEMEXT. 215 and to consider that it is properly made, and must alter their determination if it is necessary to do so. A form of agreement between the lord and tenant, that the Board of Agriculture and Fisheries shall deter- mine the compensation for enfranchisement, will be found in the Appendix."- ASCERTAINMENT OF COMPENSATION BY VALUERS. In all cases where the parties do not agree the amount of the compensation between themselves, and do not agree to refer the matter to the Board, the com- pensation must be ascertained by a valuer or valuers appointed by the lord and tenant, but acting under the direction of the Board. A VALUER APPOINTED BY JUSTICES. There is one exception to the last rule, namely, that where the manorial rights to be compensated consist only of heriots, rents and fixed licences at fixed rates to demise or fell timber, or any of these, or if the land to be enfranchised is not rated for the relief of the poor at a greater amount than the net annual value of £30, the valuation shall be made by a-valuer to be appointed by the Justices at petty sessions. If either party to the enfranchisement is not satis- fied that a valuer should be appointed by the Justices in such cases, he can give notice that he desires the valuation to be made by a valuer or valuers appointed by the lord and tenant. In that case he is bound to pay the additional expenses caused by that mode of valuation. H ^ See Form B t; , 216 COPYHOLDS. Where a valuer is appointed by Justices, a Justice who is a lord of the manor must not take part in the appointment. APPOINTMENT OF VALUERS. In those cases where the valuation is to be made by a valuer or valuers appointed by the lord and the tenant, they may appoint one and the same person to value between them, or they may each appoint one valuer. If either of them has appointed a valuer to act on his behalf, he may give notice to the other party to appoint his valuer, and if he fails to make such appointment within 28 days after notice, or within such further time, if any, as the Board of Agriculture and Fisheries by order allow, the Board shall appoint a valuer for him. The appointment of a valuer by either party cannot be revoked, except with the consent of the other party ; but the Board of Agriculture and Fisheries ma}^, on the application of either the lord or the tenant, remove a valuer or an umpire for misconduct, or for refusal or omission to act. If a valuer or umpire dies, or becomes incapable, or refuses to act, or is removed, another valuer or umpire, as the case may be, shall, within a time to be fixed by the Board of Agriculture and Fisheries, be appointed in his place, and in default by the Board. PROCEEDINGS OF VALUERS. Where two valuers are appointed, they must, before proceeding with the valuation, appoint an umpire. COMPULSORY ENFRANCHISEMENT. 217 Before the valuer or umpire enters on his valuation, he must, in the presence of a Justice of the Peace, make and subscribe a declaration in the form shown later in the First Schedule to the Act, and this declara- tion must be annexed to the valuation when made. The valuer must not act contrary thereto, or he will be guilty of a misdemeanour. The valuers have to ascertain the total value of the loss which will be caused to the lord by reason of the enfranchisement, and the advantage which the tenant will gain thereby. For this purpose they are to take into account and make due allowance for the following items : — (1) Facilities for improvement. (2) Customs of the manor. (3) Fines. (4) Heriots. (5) Reliefs. (6) Quit rents and chief rents. (7) P'orfeitures. (8) All other incidents whatsoever of copyhold or customary tenure. (9) All other circumstances affecting or relating to the land included in the enfranchise- ment. (10) All advantages arising from the enfranchise- ment. These matters are to be taken into account at the value at which they had at the date of the notice to 218 COPYHOLDS. enfranchise, and not at the date when the valuation was made. The valuers must not take into account or allow for escheats. Among the more difficult items of valuation are those connected with the circumstances which affect or relate to the particular land included in the enfran- chisement, and the advantages which will arise by reason thereof. In a case where a portion of the waste had been granted as copyhold, with the con- sent of the homage, on the condition that no building should be erected upon the land, the tenant compelled enfranchisement. It was held that the effect of the enfranchisement was to discharge the condition, and that the lord was entitled to compensation. ^ Questions often arise as to whether there is actually a custom of the manor or not, and in such case, if there is evidence of one, it is the exclusive province of the Board of Agriculture and Fisheries to determine whether the custom is proved, and the Court will not interfere with their decision.^ It is the duty of each party to the enfranchisement to furnish his valuer with the fullest possible particulars and information relating to the land to be enfran- chised, but the valuers should not delay the matter if the parties fail to, do so, but should proceed on such information as they can otherwise obtain. Their valuation is to be completed within 42 days, unless the Board extend the time by order. The Act gives power to the valuers or umpire and their agents and servants to enter on any layd proposed to be enfranchised for the purpose of taking any 1 Brabant v. Wilson, 6 B. and S. 979. 2 Reynolds v. Woodham Walter Manor, 41 L.J. C.P. 281. COMPULSORY ENFRANCHISEMENT. 219 necessary measurements and of making any plans and valuation of the land. Reasonable notice of intention to enter must be given to the occupier of the land, and compensation must be made to him for any injury that is done. The valuers should separately value each item for which compensation has to be made. For the purpose of assisting them the Board have published a scale of compensation, which will be found in the Appendix. The decision of the valuers must be sent in to the Board in the form of a gross sum of money. It must be made in such form as the Board direct, and must give separate details of the valuation. To the decision must be annexed the declaration of fidelity, and a schedule containing the exact description under which the land is to be enfranchised. The Court roll description by which the tenant was admitted or enrolled should be given in the schedule ; and, if the parties agree to a more modern description of the land in addition to the Court roll description, the same should be signed by the steward of the manor and by the tenant or his attorney. A copy of the decision must also be sent at the same time to the lord or steward and to the tenant or his attorney. If the valuers do not agree as to the compensation, or as to any point arising in the valuation, both or either of them may refer the matter, or the point in dispute, to the umpire. If they do not give their decision within the time allowed, and do not refer the matter to the umpire, the Board of Agriculture and Fisheries can direct the umpire to act as valuer. 220 COPYHOLDS. If the matter is referred to the umpire he must give his decision within forty-two days after the matter is referred to him. If the Board, when it receives the valuation from the valuers or umpire, considers that the valuation is imperfect or erroneous, they may remit it for recon- sideration or correction, and, if the valuers or umpire do not give any proper decision within the time allowed them respectively, or do not, when a decision is remitted to them for correction, amend it to the satis- faction of the Board, the compensation is determined by the Board after due notice to the lord and tenant. In making the valuations various difficulties which arise are dealt with by the Act, e.g., if the valuers are not satisfied as to the identity of the land, they are to take it at the quantity, if any, in statute measure mentioned on the court rolls. In any other case they are to determine the quantity. If the land is not defined by a plan on the court rolls, the valuers may be requested in writing by the lord or tenant to prepare a plan defining the boundaries of the land. But, where it appears by the court rolls or otherwise that the boundaries of the land have for more than fifty years last past been treated as being intermixed with the boundaries of other lands, and as being incapable of definition, the valuers shall not make a plan unless both lord and tenant agree. In all cases the lord and tenant can apply to the Board of Agriculture and Fisheries to define the boundaries, if they so desire. Whenever a plan is made and approved by the Board, or where the boundaries are defined by the Board, they shall be con- clusive evidence as between lord and tenant. COMPULSORY ENFRANCHISEMENT. 221 The question as to minerals and other reserved rights has ah'eady been dealt with. It Avill be remem- bered that the valuers are not to take these into consideration without the express consent in writing of both lord and tenant. In addition to those difEculties which the valuers are empowered to deal with under the Act, further disputes frequently arise which it would be impossible for the valuers to decide. The custom of the manor and the rights possessed by the lord and tenant ixspectively are by no means clear, and the valuation cannot be completed until such questions have been settled. In such cases either the lord or the tenant, by writing addressed to the other party, may require that the matter in dispute shall be referred to the Board of Agriculture and Fisheries. It is then the duty of the Board to enquire into and decide the questions ; and for that purpose they can, by summons under the seal of the Board, call for the production of the court rolls or copies thereof, and of any books, deeds, plans, documents or writings relating to the mattei", and which it is possible for the lord or tenant or the steward to produce. The Board can also summon the lord or tenant or any other person to attend before them as witness, and can examine any witness on oath. The persons summoned to attend, and to whom a reasonable sum has been paid or tendered for expenses, are liable on summary conviction to a fine not exceeding five pounds if they neglect or i-efuse to attend, or to give evidence, or to produce the documents required. Any person wilfully giving false evidence shall be guilty of perjury, and if he wilfully 222 COPYHOLDS. destroys or alters any document, of which the pro- duction is required, he shall be guilty of a mis- demeanour. Neither the lord nor tenant is bound to answer any question as to his title at such an enquiry, nor is it a matter which should be enquired into at that time. The expenses of such an enquiry are chargeable upon such persons and in such proportions as the Board thinks proper, and the Boai"d can tax and allow such expenses as it sees fit, and make an order for their payment. The decision of the Board is absolutely final on all questions of fact, but upon questions of law an appeal to the High Court by way of a special case from a decision of the Board is possible. In order to make his appeal, the party who is dissatisfied with the Board's decision must make an application to the Board within twenty-eight days after the decision has been given, and must also give to the other party to the enquiry not less than fourteen clays' previous notice in writing of the intended application. The party proposing to appeal can then prepare the draft special case and submit it to the other party for approval. If there is anv difference between the parties as to the case, it. shall be settled by the Board. The case is then in due course heard by the Divisional Court, and the decision of such Court is final and binding upon the parties and upon the Board. PREPARATION OF THE AWARD. When the amount of compensation for a com- pulsory enfranchisement has been ascertained, either by the valuers or umpire, or by the Board, and when the COMPULSORY ENFRANCHISEMENT. 223 Board has satisfied itself that the valuation which was made by the valuers or umpire is correct and complete, and they have heard and considered any objections that have been raised thereto, or if the Board itself has, through failure of the valuers, ascertained the amount of compensation that should be paid, and has heard and considered any objections that have been raised thereto, the amount of compensation may be considered as finally ascertained. The Board will then prepare a form of award,! and forward a copy of such form to the tenant and to the steward of the manor for their perusal, if they have not already perused it. Fourteen days are given to the parties to peruse the award and to raise any objections that they see fit. If any objections are made the Board has to consider them. CONFIRMATION OF AWARD. So soon as the objections, if any, have been heard and decided upon, the Board will confirm the award, but when the compensation is in the form of a gross sum the Board will not confirm the award until the receipt of the person entitled to receive the compen- sation has been produced to the Board. ^ FORM OF COMPENSATION. The award shall state whether the compensation is to be a gross sum of money or a rent charge ; if it is to be a rent charge what is to be the amount thereof. 2fi ,„27. 1 See Forms B g and B g-m Appendix 2 See Form B S '" Appendix. B 224 COPYHOLDS. The Board shall make the land enfranchised subject to the rent charge and chargeable therewith. Where the lord is compelling the enfranchisement, then the compensation is to take the form of an annual rent charge of four pounds per cent, per annum on the total amount of the compensation, unless the tenant wishes to pay a gross sum. Where the tenant is the compelling party the enfranchisement compensation must be in the form of a gross sum, excepting in those cases where the land can, in the opinion of the Board, be sufficiently identified and the compensation amounts to more than one year's improved value of the land, when the compensation shall take the form of a rent charge unless the tenant otherwise desires. In those cases where the tenant is entitled to pay a rent charge, but desires to pay a gross sum, he can do so by one of two methods — either by agreeing with the lord upon the matter, or within ten days after the receipt by him of the draft of the proposed award of enfranchisement by giving to the Board notice in writing that he desires to pay the enfranchisement in a gross sum. CUSTODY OF AWARD. So soon as the award has been finally settled and confirmed by the Board, a copy thereof, properly sealed or stamped with the seal of the Board, shall be sent to the lord, and the lord shall cause the copy to be entered on the court rolls of the manor. The original award is retained by the Board until the tenant pays the office fees and expenses of the Board, when it may be delivered to him. COMPULSORY ENFRANCHISEMENT. 225 STAMPING THE AWARD. The award must be stamped with an ad valorem stamp according to the amount of the enfranchisement consideration, on the same scale as in the case of an enfranchisement deed. EFFECT OF THE AWARD. The confirmation of the award under the seal of the Board of Agriculture and Fisheries is conclusive evidence that all the requirements of the Act have been complied with. The award cannot be upset by reason of any mistake, omission or informality therein, or on account of any want of notice or consent required by the Act, or on account of any informality in any pro- ceedings in the matter of the enfranchisement. In the event of there being any error or omission arising from inadvertence in the award, any person interested can apply to the Board of Agriculture and Fisheries, who can, if they think fit, correct or supply any error or omission in the award. Before making any alterations the Board must give such notice as they think fit and proper to the persons who will be affected by it, and the expenses in connection with the application shall be paid by the persons interested therein, as the Board direct. WHEN ENFRANCHISEMENT TAKES EFFECT. A compulsory enfranchisement takes effect from the date of the confirmation of the award of enfranchisement, except in those cases where the confirmation of the award fixes some other date from Q 226 COPYHOLDS. which it shall commence. The latter course will be frequently adopted where the confirmation of the award has been postponed by reason of objections which have been raised to the proposed award; or by the compensation, if a gross sum, not having been paid at the proper time, and in such like cases ; but it appears to be a question for the consideration of the Board alone. WHEN THE CONSIDERATION IS A RENT CHARGE. In those cases where the enfi-anchisement con- sideration is a rent charge, it shall be payable half- yearly on the 1st of January and the 1st of July, the first payment being a proportionate amount of the half-yearly amount according to the interval between the commencement of the rent charge, and the said day of payment. The rent charge becomes due from the date of the notice to enfranchise. The rent charge is a first charge on the land, having priority over all encumbrances affecting the land (except tithe rent charge and any charge having priority by Statute), although such encumbrances are prior in date. The rent charge is deemed to be granted to the lord and his heirs in a similar way to that in which the land was previously held, and becomes appendant and appurtenant to the manor, but not so as to be incapable of being severed therefrom, or to be affected by the extinction thereof. The rent charge is recoverable by distress if twenty-one days in arrear ; by entry and receipt of COMPULSORY ENFRANCHISEMENT. 227 rents and profits if forty days in arrear; or by the creation of a term of years if forty days in arrear. Where such sums are paid by an occupying ■tenant he can recover the money by action against his landlord, or can deduct it from his next payment of rent. The rent charge may be apportioned among the several parts of the land upon which it is charged ; ibut if the person entitled to the land is not absolutely entitled, the consent of the Board of Agriculture and Fisheries to the apportionment is necessary, and where the rent charge or land is held in undivided shares, all persons entitled to such ■shares must concur in the appointment. The rent charge can be redeemed on any half- yearly day of payment by giving six months' notice and paying twenty-five times the yearly amount thereof. The person entitled to the rent charge has power to sell it; but if such person has only a limited estate, or is a corporation who could not sell but for the Act, the consent of the Board of Agriculture and Fisheries is necessary, and the consideration money must be paid into Court or to trustees, excepting in those cases where it does not exceed twenty pounds for all rent charges in the manor, when it can be paid to the person entitled if the Board of Agriculture and Fisheries -so direct. WHEN THE CONSIDERATION IS A GROSS SUM. In those cases where the compensation is a gross sum interest at the rate of four per cent, per ^nnum must be paid from the date of the notice 228 COPYHOLDS. to enfranchise up to the date of the actual payment of the compensation. This does not appear in the Act, but it was considered to be correct before the Act was passed/ and is now shown in one of the later editions of the Scale of Compensation.^ When the consideration money is a gross sum, or when any moneys are paid under the Act, the receipt of any person entitled under the Act, i.c.^ usually the lord for the time being, is a sufficient discharge, and the person paying it is not bound to see to the application or be liable for the misapplica- tion or loss of it. If the lord has only a limited interest or estate in the manor, the Board of Agriculture and Fisheries may direct, if the money does not exceed the sum of twenty pounds for all enfranchisements in the manor, that it shall be paid to the lord for his own use, if they so think fit; but if it exceeds that sum they direct it to be paid into Court or to trustees, and if the lord refuses to accept any money it shall be paid into Court or to trustees. If the money is paid to a lord whose title after- wards proves to be bad or insufficient, the rightful owner can claim the money from the person to whom it was paid, with interest at five pounds per cent, per annum. The Board of Agriculture and Fisheries has power to settle any dispute with regard to the proper application, appropriation or investment of anv money payable in respect of an enfranchisement. 1 See Marquis of Salisbury v. L. & N.W. Railway Co.. (1392) 1 Ch. 75 n. 2 2 See Form B g in Appendix. compulsory enfranchisement. 229 steward's compensation. When land is compulsorily enfranchised, the steward will lose for the future all those fees to which he would have become entitled if the tenement had not been enfranchised. It is right and proper that the steward should be compensated for this loss, and the person to compensate him is the tenant. A scale of compensation will be found in the Second Schedule of the Act, and the amounts seem exceedingly moderate, but it must be noticed that such' compensation does not include the steward's fees, or disbursements in connection with the enfranchisement proceedings, or the enrolment of the enfranchisement deed or award on the court rolls, nor does it include stamps, paper, parchments or plans. It must be remembered that the steward retains the court roll and is entitled to make proper charges for permitting anyone to inspect them after the enfran- chisement is completed. Any person who is interested in the enfranchised land can inspect and obtain copies of the court rolls on payment of a reasonable sum for the inspection or copies ; and the Board of Agriculture and Fisheries may, if they think fit, fix a scale of fees to be paid to the steward for the inspection and for making extracts or copies. Power is also given to any person interested in any land included in any enfranchisement, or commutation made by apportionment under the Copyhold Act, 1841,-^ to inspect and obtain copies of, or extracts from, any instrument relating to the enfranchisement M & 5 Vict. c. 35. 230 COPYHOLDS. or commutation, and deposited with the clerk of the peace or steward of the manor under that Act. Such person must give reasonable notice of his desire to inspect such instrument to the person who has the custody thereof, and shall pay him for every inspection a fee of two shillings and sixpence, and for every copy and extract a fee at the rate of twopence for every seventy-two words in the copy or extract. Such copies or extracts, when duly certified, are sufficient evidence of the various documents and of the accuracy of the maps or plans thereon. When all the lands held of a manor have been enfranchised, the lord or any person who has the custody of the court rolls or records of the manor may, with the lord's consent, hand over all or any of the court rolls or records to the Board of Agriculture and Fisheries, or to the Master of the Rolls ; and if they are handed to the Board of Agriculture and Fisheries, they may hand over all or any of them to the Master of the Rolls. After they have been so handed over, anv person who is interested in the enfranchised land can inspect and take copies or extracts from any such court rolls or records on payment of such reasonable fees as the authorities may fix. The Master of the Rolls may make rules respecting the manner and time in which copies and extracts may be obtained, and as to the amount and mode of payment of fees. HOW AX ENFRANCHISEMENT CAN BE STOPPED. The power of the tenant to compel enfranchise- ment under the Act is a wide one. It appears at first COMPULSORY ENFRANCHISEMENT. 231 sight that this is to some extent counterbalanced by the power of the lord to compel the tenant to enfran- chise. This is not really so. All that the lord can do is to make the tenant pay a definite sum per annum, instead of the various sums which he previously paid and the services he previously rendered at certain and uncertain periods. The tenants, on the other hand, can carve portions out of the lord's freehold, and by extensive enfranchisement can extinguish the manor as such, reducing it to a reputed manor with but few rights and little dignity, and entirely doing away with the power of control which the lord perhaps previously exercised over the entire parish. A rural parish with many amenities might in this way be converted into an industrial centre and its residential character ruined. It is evident that in many cases lords of manors would not favour enfranchisement, and it will be well to notice what powers there are of preventing enfran- chisement on the part of the lord, and in what cases the Board of Agriculture and Fisheries may limit the tenant's powers. It is provided by Section 11 of the Act, that where the tenant is compelling an enfranchisement, that the lord has the right to show to the Board of Agriculture and Fisheries that the proposed enfranchisement would prejudicially affect the enjoyment or value of the lord's mansion house, park, gardens or pleasure grounds. The grounds for this complaint must be that some change in the condition of the land will be brought about by the enfranchisement, which but for it might have been prevented by the incidents and conditions of the copyhold tenure. For instance, that 232 COPYHOLDS. the land would be used as a building estate, which would have been impossible while the land was copyhold, owing to restrictions. ■ If this can be shown to the satisfaction of the Board the lord becomes entitled to give the tenant notice in writing that he offers to buy the tenant's interest in the land. On receipt of this offer to purchase, the tenant can accept the proposal by sending notice of acceptance to the Board within twenty-eight days, and thereupon the offer and acceptance becomes binding on both lord and tenant. The lord in making his offer to purchase can name the sum of money he is prepared to pay, but he need not do so. If he does not name a price, but the tenant accepts the offer to purchase, the amount of the pur- chase money can be agreed upon between the lord and the tenant within a time allowed by the Board. If no agreement is come to within the time allowed, either party can apply to the Board, and the Board will appoint a valuer to ascertain the value of the tenant's interest. The valuer may be a person specially appointed by the Board for the purpose, or, if the valuers for enfranchisement purposes have been already appointed, the Board may refer the matter to them to settle. When the consideration for the purchase of the tenant's interest has been agreed upon or ascertained, the Board issue a certificate under their seal. This certificate defines the land included in the purchase, states the price to be paid, and fixes a date for the payment of the consideration. As soon as the price is paid the tenant conveys his tenement to the lord, COMPULSORY ENFRANCHISEMENT. 233 and the land vests in the lord. The form of con- veyance must be satisfactory to the Board, and can be settled by them in case of dispute. All expenses are borne by the lord of the manor, including the expenses of the con\'evance. In this way the enfran- chisement is effectually stopped and prevented, but the lord must be careful to complete the payment within proper time. If he does not do so the Board can cancel their certificate if they see fit, and if they are of opinion that the lord is in default. If the certificate is cancelled the lord loses his rights, the enfranchisement proceeds as if nothing had occurred, and the lord is mulcted of all the costs which the Board certify have heen incurred by the tenant in consequence of the offer, acceptance, and default. Where the lord purchases the tenant's interest under Section 11 he can charge the land he has purchased with the whole of the purchase money and expenses, and with interest thereon at not over five pounds per cent, per annum, or he can create a charge for it upon the manor, and on other land settled to the same uses, if he prefers. If the tenant does not accept the offer the lord has no power to compel him to do so, but the Board is able to protect the lord, either by neglecting or I'e- fusing to entertain or confirm the enfranchisement, or, if they allow it to take place, by imposing such terms and conditions as are in their opinion sufficient to protect the interests of the lord; for instance, by annexing such restrictions to the enfranchised land as will prevent it being used in any way that would prejudice the lord. 234 COPYHOLDS. SUSPENSION OF ENFRANCHISEMENT. The power of the lord to prevent an enfranchise- ment by offering to purchase the tenant's interest if the lord's mansion house or grounds are affected is not the only way in which a tenant's notice to enfran- chise falls to the ground. It is provided by Section 12 that the Board of Agriculture and Fisheries may suspend enfranchisement in certain cases. These cases are mainly, if not entirely, for the lord's pro- tection, and will occur when any special hardship or injustice would unavoidably result from the enfranchisement, or where any peculiar circum- stances make it impossible, in the opinion of the Board, to decide on the prospective value of the land to be enfranchised. No doubt the Board will only suspend enfranchise- ment under Section 12 in very special cases, and they are bound to state their reasons for doing so in the report they make to Parliament every year. If, there- fore, the lord can proceed under Section 11, he is undoubtedly well advised to do so, as the protection afforded him by Section 12 is probably somewhat problematical. CONTINUANCE OF CONDITIONS AS TO USER. Besides the hardship to the lord that may result from an enfranchisement there are some cases where the copyholder's tenement is held under restrictions as to user which were imposed for the benefit of the public or of the other tenants of the manor, and which, if removed, would inflict a hardship or injustice on such COMPULSORY EXFRAXCHISEMENT. 235 persons. In this case the Board of Agriculture and Fisheries has power, under Section 13, to continue such conditions as to user if they see fit. These conditions will in that case bind the freehold after enfranchisement, and therefore the value of the freehold will be diminished, and the lord will receive less compensation for the freehold than he would have done had the land been released from such conditions. COSTS IN COMPULSORY ENFRANCHISEMENT. The person requiring the enfranchisement, whether it be the lord or the tenant, must pay all the costs of the enfranchisement, and these will include all expenses which are incidental to the enfranchisement in the opinion of the Board. Expenses of giving notices, paying both valuers (if two are appointed) and their umpire (if called in), paying the steward's fees and costs, and the costs of the Board of Agriculture and Fisheries, are clearly expenses of enfranchisement, but by the Act expenses incidental to proof of title, production of documents, expenses of witnesses, and such like, are to be expenses of the enfranchisement if the Board so directs. Before the other party can recover his expenses from the party requiring enfranchisement, they must be certified by order of the Board to have been properly incurred ; and, where there is a dispute as to the amount of the expenses payable by or to any person, the Board may ascertain the amount and declare it by an order, which is conclusive. 236 COPYHOLDS. CHARGE FOR THE ENFRANCHISEMENT CONSIDERATION AND EXPENSES. This part of the subject is dealt with in Sections 36 to 41 and Section 56 of the Act, and a form of certificate of charge and transfer of same are given in the First Schedule. Briefly, the tenant can charge the enfranchised land with the amoimt of compensation and the expenses, or, if the lord consents, with any compensation payable or with any part thereof, such charge being a first charge save for tithe rent charge and any charge having priority by Statute. The lord's expenses can be paid out of the consideration money arising, or can be charged on the manor or on lands settled to the same uses. Further details can be obtained from the sections referred to. APPLICATION OF MONEY IN CERTAIN CASES. In some cases the Act directs that money shall be paid into Court or to trustees. Directions as to the application of such money are given in Sections 32 and 33 of the Act. CHAPTER XVIII. THE OFFICIAL FORMS. By virtue of Section 65 of the Copyhold Act, 1894/ the Board of Agriculture and Fisheries framed and caused to be printed various forms of notices and agreements and other instruments. It is left to the judgment of the Board to decide what forms will further the purpose of the Act, and these they from time to time prepare. Copies of these forms are supplied to any person who requires them, and to any person to whom the Board thinks fit to send them, for the use of any lord or tenant desirous of putting the Act into execution. Copies of several of these forms are given in the Appendix. The Board of Agriculture and Fisheries is also bound, under Section 66 of the Act, to cause to be printed and published a scale of compensation for the enfranchisement of land from the several rights and incidents, including heriots, that in their judgment will be fair and just, and will facilitate enfranchisement, together with such directions for the lord and tenant and valuers as the Board shall think necessary. The Board also prepares a scale of allowances to valuers for their services in the execution of the Act. From time to time new editions of these scales are published and may be varied. The scales are intended for guidance only ; they are not binding as a matter of law in any particular case, but they are in general use, 1 57 & 58 Vict, u, 46. 238 COPYHOLDS. and are largely adopted by the parties and by valuers throughout the country. They can be used either in voluntary or compulsory enfranchisements, and are perhaps more moderate than many of the demands which were formerly made by the stewards of the manors. In the case of a compulsory enfranchisement the person requiring the enfranchisement must state to the other party whether he is or is not willing to adopt the scale of compensation published by the Board. These scales are set out in the Appendix. Among the forms and scales printed by the Board there are many of great importance to lords and tenants of manors, and among them are some to Avhich special attention may be directed. The Minute of the Board of Agriculture and Fisheries as to proceedings on compulsory enfran- chisement under the Copyhold Act, 1894, is a con- cise digest of the provisions of the Act relating to the matter, and contains various practical directions ■of great value. The scale of compensation in ordinary cases of ■enfranchisement of copyholds of inheritance is another most important document. It points out to the par- ties, the steward and the valuer, in what way the enfranchisement compensation should be ascertained, and though not binding as a matter of law it is cer- tainly well worthy of adoption. Many valuers would experience difficulty in dealing with copyholds were it not for this scale, and even now mistakes are made, while stewards have in some cases been known to assess the compensation in other ways far more expensive THE OFFICIAL FORMS. 239 to the tenant. An important feature of this scale is, that it is made upon hnes that the Board will be willing to entertain, and much trouble can be saved by using it properly. 7 Another form of great usefulness is Form B^ which will enable a party or a valuer to supply to the Board just the information it requires upon an enfran- chisement, and this form has to be furnished to the Board in every case of enfranchisement by whomso- ever the decision as to the enfranchisement compensa- tion may be made. The rest of the forms, though in the Appendix, are too important to be overlooked by anyone interested in Copyhold Enfranchisement. CHAPTER XIX. ENFRANCHISEMENT OF COPYHOLDS ON SPECIAL MANORS. Where copyhold or customary lands form part of a manor belonging to the Crown, the Duchy of Lan- caster, or the Duchy of Cornwall, the process of enfranchisement differs somewhat from the ordinary procedure under the Copyhold Act. Compulsory enfranchisement is impossible in any case, and volun- tary enfranchisement is vuider different rules. Other manors which have special rules applying to them are those belonging to the Universities or Col- leges of Oxford, Cambridge, and Durham, or to the Colleges of Eton or Winchester, and those which belong to any Ecclesiastical Corporation or to the Ecclesiastical Commissioners. It will be remembered that manors and lands belonging to the Duchy of Cornwall are entirely outside the Act ; that Crown manors and lands and Duchy of Lancaster manors and lands are onh' affected thereby as far as the Act expressly states ; and that the Act does not extend to manors belonging either in possession or reversion to any Ecclesiastical Corporation or to the Ecclesiastical Commissioners where the lands are held for life or lives or years where the tenant has not a right of renewal. Part VI. of the Copyhold Act, 1894, and Section 98 of that Act refer to special manors, and can be found in the Appendix, and an outline of the subject is given in the following pages. SPECIAL MAXORS. 241 CROWN LANDS. The Acts referring to the enfranchisemsnt of lands or manors belonging to the Crown are : the Crown Lands General Management Act, 1829, and various other Acts, which with it may be cited as the Crown Lands Acts, 1829 to 1885.i The authority for carrying out the enfranchisement is the Commissioners of His Majesty's Woods, Forests and Land Revenues, but the King remains lord of the Royal manors, and the legal estate therein remains in him.^ The manors may belong to the Crown either in possession or in remainder expectant on an estate of inheritance, or in remainder expectant on an estate of less than an estate of inheritance. Whether they are owned in possession or in remainder they may belong to the Crown solely, or may be owned in coparcenary with a subject. There is no power whatsoever of compulsory enfranchisement, and none of the sections of the Copyhold Act, 1894,^ which relate thereto are applicable ; in fact, that Act only applies to Crown manors so far as is expressly provided therein, and no further. When it is desired to enfranchise, the usual pro- cedure is for the Commissioners to enter into an agreement with the tenant for the enfranchisement 1 10 Geo. IV. c. 50 ; 2 & 3 Will. IV. 0.1:5 Vict. 0. 1 : 8 & 9 Vict. 0. 99 ; 14 & 15 Vict. G. 42 ; 15 & 16 Vict. c. 62 : 16 & 17 Vict. c. 56 ; 29 & 30 Vict. ;;. 62 ; 36 & 37 Vict. c. 35 ; 48 & 49 Vict. c. 79. 2 Reg. V. Powell, 4 P. and D. 719 ; Attorney-General t). Barker, 41 L.J. Ex. 57. = 57 & 58 Vict. c. 46. 242 COPYHOLDS. of the lands. In this agreement the amount which the tenant is to pay as enfranchisement consideration is stated, if it has been ah-eady agreed upon. The enfranchisement is then completed by the payment of the money (if a gross sum) or the creation of the rent-charge, and by the Commissioners, and any other party entitled as lord, executing a deed pass- ing to the tenant the fee simple estate in the land subject to such reservations, if any, as may have been agreed upon. If the enfranchisement consideration is not agreed upon, the agreement for enfranchisement must never- theless be made and entered into, and then, if there is any difficulty in deciding as to the amount of com- pensation, simple ways of ascertaining it are provided by the Copyhold Act, 1894.i What the procedure for ascertaining the amount of the enfranchisement consideration is will depend upon the interest which the Crown has in the manor. Where the manor is vested in His Majesty in right of the Crown, either in possession or in remainder expectant on an estate less than an estate of inheritance, and either solely or in coparcenary with a subject, the Commissioners of Woods may, if they think fit, on the request of the tenant, refer it to the Board of Agriculture and Fisheries to appoint a surveyor to determine the amount. The Board of Agriculture and Fisheries shall then appoint a practical land surveyor for the purposes of the reference, and his award shall be final. The expenses of and incidental 1 57 & 58 Vict. c. 46. SPECIAL MANORS. 243 to such a reference shall be treated as expenses on ;i compulsory enfranchisement at the instance of the tenant. Where a manor is vested in His Majesty in right of the Crown in remainder or reversion expectant on an estate of inheritance the procedure is different. In this case the manor or any land held of it may, with the consent in writing of the Commissioners of Woods, or one of them, be dealt with under the provisions of the Copyhold Act, 1894, relating to voluntary enfranchise- ment. In this case, if the consideration is a gross sum, it shall be paid to two trustees to be appointed for the purpose, one for the Commissioners of Woods or one of them, and one for the person for the time being entitled to the rents and profits of the manor, or it can be paid into Court to a joint account and can be applied in certain specified ways, the income being paid to the person for the time being entitled to the rents and profits of the manor. If the com- pensation is a rent-charge, or if land is purchased with the consideration money, the rent-charge or the land is conveyed to the uses on the trusts, and subject to the powers and provisions then affecting the manor. As soon as the consideration is paid or the rent- charge created, the Commissioners of Woods, or one of them, and the person for the time being entitled to the rents and profits of the manor, execute a deed of enfranchisement vesting the fee simple of the land in the tenant, and complete the matter. The deeds in such cases are enrolled in a book provided by the Keeper of the Land Revenue Records, and do not take 244 COPYHOLDS. effect until they have been endorsed with a certificate signed by the Keeper of Land Revenue Records and Enrohnents, or his deputy or assistant, that a memorial has been lodged at the office of Land Revenue Records and Enrolments. Fees paid for an enrolment are deemed to be expenses of the enfranchisement or purchase. In the case of the enfranchisement of any land held of manors in joint tenancy or coparcenary with the subject, the rights and interests of the subject and of the tenant can be dealt with under the Copyhold Act, 1894,1 either voluntarily or compulsorily ; but so far as regards the share and interest in the Crown, only the provisions relating to Crown lands can apply- There are certain provisions of the Copyhold Act,. 1894,1 which are expressly made to apply to Crown manors and lands. These include : — The grants of easements to the lord of a manor for mining purposes, the holding of customary courts although a copyhold tenant is not present, the making of grants or admit- tances out of the manor and out of court, the making; of admittances without a presentment by the homage, the entry of surrenders and wills on the court rolls, and the powers relating to actions for the partition of lands of copyhold or customary tenure. DUCHY OF LANCASTER LANDS. The Acts relating to the enfranchisement of lands held of the Duchy of Lancaster are the 19 Geo. III. 1 57 & 38 Vict. c. 46. SPECIAL MAXORS. 245 c. 45 and the 27 Geo. III. c. 34. The authority for the enfranchisement is the Chancellor and Council of the Duchy. In those cases where a manor is vested in His JVIajesty in right of the Duchy of Lancaster, either in possession or in remainder expectant on an estate less than an estate of inheritance, and either solely or in coparcenary with the subject, the Chancellor and Council of the Duchy of Lancaster can enter into negotiations for the enfranchisement of land held of the manor. They can make an agreement with the tenant for enfranchisement, and they can agree the amount of the enfranchisement compensation that should be stated in the agreement. Enfranchise- ment is then completed by the payment of money or the creation of a rent-charge, and by a deed properly enrolled passing to the tenant the fee simple estate in the land, subject to any reservations that may have been agreed upon. If the enfranchisement compensation is not agreed upon the Chancellor and Council of the Duchy of Lancaster may, if they think fit, on the request of the tenant, refer it to the Board of Agriculture and Fisheries to appoint a surveyor to determine the amount. The Board of Agriculture and Fisheries then appoint a practical land surveyor for the purpose ■of the reference, and his award is final. The expenses of the reference are treated as a compulsory enfran- chisement at the instance of the tenant under the Copyhold Act, 1894.i 1 57 & 58 Vict. c. A6. 246 COPYHOLDS. The provisions of the Copyhold Act, 1894,^ as to the grant of easements to the lord of a manor for mining purposes, the holding of customary courts although a copyhold tenant is not present, the making of grants or admittances out of the manor and out of court, the making of admittances without a pre- sentment by the homage, the entry of surrenders and wills on the court rolls, and the powers relating to actions for the partition of lands of copyhold or customary tenure, all apply to manors and lands vested in His Majesty in right of the Duchy of Lancaster. DUCHY OF CORNWALL LANDS. The Acts relating to the enfranchisement of lands held of the Duchy of Cornwall are the 7 & 8 Vict. c. 65 and the 7 & 8 Vict. c. 105. The Copyhold Act does not apply. The Prince of Wales is lord of the Duchy. The lands appear to have mostly been what are called " conventionary estates," granted for successive short terms of years with a tenant right of renewal descending to the heirs. The land can only be enfranchised voluntarily, as there is no provision for compulsory enfranchisement. Every deed or instrument which affects an enfranchise- ment must be enrolled within six months of the date of its execution in the office of the Duchy of Cornwall. Most of the land has already been enfranchised. CHURCH LANDS. The Copyhold Act only extends to Church lands in those cases where the tenant holds a copyhold of 1 57 i: 53 \'ict. t. 46. SPECIAL MANORS. 247 inheritance, or where he holds for Hfe or lives or years, and has a right of renewal. In that event it would appear that a tenant could enfranchise volun- tarily or compulsoi'ily under the Copyhold Act or voluntarily under the Ecclesiastical Estates Act, 1851,^ and its amendment Act, 1854.^ Where the tenant who holds for life or lives or years has no right of renewal, the Copyhold Act does not apply, and enfranchisement can only be carried out by agreement and under the Ecclesiastical Estates Acts, 1851-1854. These Acts apply only to such lands as belong to an Ecclesiastical Corporation as defined by the Act : E.g., archbishops, bishops, deans and chapters, deans, archdeacons, canons, prebendaries, and other dignitaries or officers of cathedrals or collegiate churches (except the deans and canons of Christ Church, Oxford), and not to lands held by colleges, hospitals, parsons, vicars, or other incumbents. The power to enfranchise can only be exercised with the consent of the Church Estates Commissioners, and the enfranchisement is by deed in a form pre- scribed by them, which must be also confirmed by them. If the manor is leased to an individual, he is called the " lord farmer," and he is the enfranchising lord. The Ecclesiastical Corporation must assent to the enfranchisement, and notice must be given to the Ecclesiastical Commissioners, who must also assent. 1 14 & 15 Vict. u. 104. 2 17 & 18 Vict. c. ns. 348 COPYHOLDS. Further particulars can be found in Sections 72-T~) of the Copyhold Act, 1894.i A dispute often arises as to whether a copyholder for life or years has or has not a right of renewal. Express provisions for determining any such dispute are contained in the Ecclesiastical Estates Acts, 1851- 1854.^ These provisions are to the effect that the question can be decided by action in the High Court of Justice, the judgment thereon being final. In the case of lands which have become vested in the Ecclesiastical Commissioners by virtue of certain Acts,^ and which are still vested in them, enfranchisements can be granted under the powers given in these Acts. UNIVERSITY AND COLLEGE LANDS. University and college lands, which include those held by the Universities of Oxford, Cambridge, and Durham, the colleges of those Universities, Christ Church in Oxford, and the colleges of Eton and Winchester, can be enfranchised under the Universi- ties and College Estates Act, 1858,* and its amending Acts of 1860,6 1880,8 and 1898.^ By virtue of the last named Act, anv university or college has the right to exercise the powers of a tenant for life under the Settled Lands Acts, 1882-1890.8 The 1 57 & 58 Vict. c. 46. 2 14 & 15 Vict. c. 104 ; 17 & IS Vict. c. 116. 5 6 & 7 Will. IV. c. 77; 3 &4 Vicl. c. 113; 5 & 6 Vict. c. 108; 13 & 14 Vict. c. 94; 14 & 15 Vict. c. 104 ; 21 & iZ Vict. c. 57 ; 23 & 24 Vict. c. 124 ; 24 & 25 Vict. c. 105 ; 31 & 32 Vict. c. 114. < 21 & 22 Vict. c. 44. ' 23 & 24 Vict. c. 59. 6 33 & 34 Vict. c. 46. ' 61 & 62 Vict. i;. 55. e 45 & 46 Vict, c, 38 ; 47 & 48 Vict. c. 18 ; 50 & 51 Vict. c. 30 ; 52 & 33 Vict. c. 36 ; 53 & 54 Vict c 69. SPECIAL MANORS. 249 University or college is considered to be in the position of a tenant for life, and the land that belongs to them is regarded as the settled land, the Board of Agri- culture and Fisheries being in the position of trustees of the settlement. The university or college must obtain the consent of the Board of Agriculture and Fisheries to the enfran- chisement, in the form of an order under the seal of the Board. The university or college makes the necessary application for the order to' the Board of Agriculture and Fisheries and pays all fees incidental thereto, forwarding, with the application, a report upon the matter prepared by the university or college surveyor. The enfranchisement money is paid to the Board, and can be applied by the university or college in investment in trust securities, or in the discharge of incumbrances, redemption of tithe or land tax, chief rents, quit rents and Crown rents, the purchase of mines which can be conveniently held with the other properties belonging to the university or college, and the payment of costs and expenses properly incurred, and such like. Where the manor is leased to a lord farmer, he acts as enfranchising lord, the university or college being in the same position as a remainderman or reversioner would be in an ordinary enfranchisement. The enfranchisement is carried out by means of a •deed, to which the Board of Agriculture and Fisheries need not be a party. CHAPTER XX. ENFRANCHISEMENT UNDER VARIOUS STATUTES. There are several Acts, besides the Copyhold Act, which contain provisions for enfranchisement. Among these may bs noted various Acts for the compulsory taking of lands by public or quasi-public bodies, such as the Church Buildings Acts,^ the School Sites Acts,^' the Defence Acts,^ the Lands Clauses Consolidation Acts,* the Land Tax Redemption Acts,^ the Poor Laws Acts,6 the Settled Estates Acts,' the Settled Land Acts^- and the Trustee Acts.^ Most of these are of but slight importance, but some of them may be briefly dealt with. ENFRANCHISEMENT UNDER THE LANDS CLAUSES CONSOLIDATION ACTS. The Lands Clauses Consolidation Acts form a code of laws relating to the acquisition of lands for under- takings or works of a public or quasi-public nature. When a public improvement, a raihvav, and such like undertaking is proposed, a special Act of Parliament is 1 58 Geo. III. c. 45, and various other Acts from 1818 to 1834. ■ 2 4 & 5 Vict. c. 38 ; 12 & 13 Vict. g. 49. •' 5 & 6 Vict. c. 94 ; 23 & 24 Vict. c. 112 ; 36 & 37 Vict ^. 72. 4 8 & 9 Vict c. 18 ; 23 & 24 Vict. c. 106 ; 32 & 33 Vict. c. 18 ; 46 & 47 Vict. c. 15 ; 58 & 59 Vict c. 11. » 53 Geo. ni.cc 123,142; 54 Geo. III. c. 173; 57 Geo. III. c. 100; 1 & 2 Vicl. 58 ; 16 & 17 Vict. c. 74. li 4 S: 5 Will. IV. c. 76 ; 5 & 6 Will. IV. c. 69 ; 1 Vict. c. 50. ' 40&41 Vict. c. 18. » 45 & 46 Vict. c. 38 ; 47 c& 43 Vict. i;. 18, 53 & 54 Vict. u. 69. 13 & 14 Vict. c. 60 ; 15 & 16 Vict. c. 55. VARIOlvS STATt'TES. 251 obtained for the purpose ; and the Lands Clauses Con- solidation Acts are incorporated, except in so far as they are expressly excepted. The chief of the Acts is the Lands Clauses Consolidation Act, 1845.^ Sections 95-107 of that Act relate to copyhold and common and waste lands. By virtue of this Act, when lands of copyhold or customary tenure are taken by the promoters of an undertaking, every conveyance of such lands must be entered on the court rolls of the manor to which such lands belong. The steward is entitled to be paid the same fees as would be due to him if the copyhold was surrendered to the use of a purchaser, and on receipt of his fees he must make the enrolment. When the conveyance is enrolled, it has the same effect as if such copyhold or customary lands had been of freehold tenure. On this account the lord of the manor is not entitled to any fine from the company on admittance, and the steward is only entitled to his fee on surrender and not to any fee for admittance.^ Even in those cases where no admittance has been made since 1853, or no heriot or fine has become due since that date, and where under ordinary circumstances the tenant would be obliged to pay a fine and a heriot, and two-thirds of the steward's fees before he can enfranchise, the company are under no liability for such payments.^ Nevertheless, until such lands have been enfranchised, they shall continue subject to the same 1 8 & 9 Vict. c. 18. '^ Cooper V. Norfolk Railway Company. (18+9) 3 Exch. 546 ; Ecclesiastical Commis- sioners V. London and South Western Railway Company. (1854) 2 W.R. 560. 3 In re Wilson. 32 L.J. Ch. 191. ;.t2 copyholds. fines, rents, heriots and services as were theretofore payable and of right accustomed. In one case four- teen years elapsed between the time of a company taking possession and the enfranchisement of the land, and two lords died meantime. The company were held liable to pay two fines clue on the death of the lord, but the enfranchisement compensation was assessed on the value of the property when the notice to treat was served.^ Where there is no admitted tenant to the land who can surrender to the promoters, the promoters are liable to pay the costs and expenses of all proceedings taken for the purpose of constituting a proper person to convey or assure the property to them, including the costs of procuring the admission of a tenant to the copyhold, in order that he may surrender the property to their use. There is no distinction between the steward's fees and the fine, and the latter is as much part of the expenses of procuring a proper person to surrender as are the steward's fees and legal expenses.^ The promoters are bound to enfranchise the land within three months of the enrolment of the convey- ance, or within one month after they shall enter upon and make use of the land for the purpose of the works, whichever shall first happen. In those cases where the promoters have taken more than one piece of land belonging to the same manor, the enfranchisement can be delayed until one month after the last of such parcels shall have been so taken or entered on by them. 1 Lowlher v. Caledonian Railway Co.. (1893) 61 LJ. Ch. 108. 2 In re London United Tramways Act. (190G) L.J. Cll. 223. VARIOUS STATUTES. 253 For the purpose of enfranchisement, the promoters of the undertaking must apply to the lord of the manor to enfranchise the land, and must pay to him such compensation as shall be agreed upon between them and him ; or if they fail to agree, the amount to be determined under the terms of the Lands Clauses Acts, with reference to disputed compensation. Disputed compensation under the Act is settled, if the claim is not over £50, or the interest not greater than that of a tenant from year to year, by two Justices^ If the claim is over £50, and the interest greater than that of a tenant from year to year, by arbitration or a jury at the claimant's option. In estimating the amount of compensation that shall be paid, the tribunal who assess the same must allow for the loss in respect of the fines, heriots and other services payable on death, descent or alienation, or any other matters which would be lost by the vesting of such copyhold or customary lands in the promoters of the undertaking, or by the enfranchisement of the same. When the compensation has been agreed upon or determined, it must be paid or tendered to the lord of the manor, who shall then enfranchise the land by means of a proper deed, and the lands so enfranchised shall for ever thereafter be held in free and common socage. The enfranchisement deed must be entered on the court rolls, and the promoters must pay the stewards proper costs and charges in connection with the preparation and engrossing of the deed, obtaining the lord's execution of the deed, and for entering it upon the court rolls. Whether any compensation has to be paid to the steward for his loss of future fees and 254 COPYHOLDS. such like, is not very clear, but probably such loss is intended to be part of the enfranchisement and con- sideration.-"- If the lord of the manor fails to make an enfranchise- ment, or if he fails to provide a good title to the land to the satisfaction of the promoters of the undertaking, they can, if they see fit, execute a deed poll conveying the land to themselves and depositing the compensa- tion agreed upon or awarded in the bank, and there- upon the lands shall be deemed to be enfranchised, and shall be for ever thereafter held in free and ■common socage. There are some cases whei"e, through urgent necessity or a bond fide desire, it is necessary for the promoters to enter upon the land before they have purchased. In such cases they deposit the money which is claimed, or an amount decided by a surveyor appointed by two Justices, in the bank, and the exact amount of compensation is afterwards settled. Where part only of copyhold land belonging to a tenant is taken, the rents of such lands may be appor- tioned by agreement, or by two Justices, and the remaining lands which are not taken by the promoters of the undertaking shall be subject only to the re- mainder of such rents. With regard to the taking of common and waste lands, the compensation in respect of the right of the soil of any land subject to any right of common shall be paid to the lord of the manor if he is entitled to the same, or to such other person as is entitled to the right in the soil. 1 Cooper V. Norfolk Railway, 18 LJ. Ex. 76. VARIOUS STATUTES. 255 Upon payment or tender of the compensation which has been agreed upon or determined, or on deposit thereof in the bank in cases such as have been mentioned, the lord of the manor, or other person, shall convey the land to the promoters of the under- taking, who shall thenceforth be considered as being seized in fee simple. In default of conveyance, the promoters of the undertaking can, if they see fit, con- vey the land to themselves by means of a deed poll, which will have the effect of vesting the land absolutely in the promoters of the undertaking, but subject to any commonable and other rights previously affecting the same, until such rights have been extinguished by payment or dsposit of the compensation for the same. The compensation for the common rights or for common lands, when the right to the soil belongs to the commoners, is determined by an agreement between the promoters of the undertaking and a committee of the parties entitled to such rights. For the purpose of appointing a committee, the promoters of the undertaking can convene a meeting of the commojiers, by means of a public advertisement insei'ted once at least in two consecutive weeks in some newspaper circulating in the county, or in the respective counties, and in the neighbourhood in which such land shall be situate, the last of such insertions being not more than fourteen days nor less than seven days prior to such meeting. The notice of the meeting must also be affixed to the door of the parish church not less than seven days previous to the meeting, or if there is no church then on some other place in the neighbour- 256 COPYHOLDS. hood to which the notices are usually affixed. Notice must also be given to the lord of the manor if the lands are held of him. The meeting which is so called should appoint a committee of the parties entitled to such rights, not exceeding five in number. At such meeting the decision of the majority of the persons entitled to commonable rights shall bind the minority and all absent parties. The committee can enter into an agreement with the promoters of the undertaking for the compensation to be paid for the extinguishment of the rights of com- mon and such like, and all parties will be bound by such an agreement. The committee can receive the compensation, and any three or more of them can give a proper receipt. When the compensation is received the committee can apportion it among the several persons entitled to it. Where a committee of commoners have been appointed, and have made application, under Section 22 of the Inclosure Act, 1852, ^ to the Board of Agricul- ture and Fisheries, the Board have jurisdiction and are the proper tribunal to determine who are the parties interested in the compensation money, and what are their interests, and need not consider if there was a defect in the appointment of the committee. The Court has no jurisdiction to interfere with the Board or the committee if there has been no mis- conduct.^ 1 15 & 16 Vict. c. 79. 2 Richards v. De Winton, (1901) 70 L.J. Ch. 719 ; Salmon v. Edwards, (1910) 79 L.J. Ch. 29S, VARIOUS STATUTES. 257 If the committee, having been appointed, fail to agree with the promoters of the undertaking as to the amount of tlie compensation, the same shah be determined by arbitrators or a jury, or if the claim does not exceed £50 by two Justices. If the promoters convene a meeting, and no effectual meeting takes place, or if the meeting failed to appoint a surveyor, the amount of compensation is to be determined by a surveyor appointed by two Justices. As soon as the promoters have paid the amount of the compensation to the committee, or if there is no committee, they have deposited it in the bank, the pro- moters can then, if they think fit, execute a deed poll, and thereupon the lands in respect of which compen- sation shall have been paid shall vest in the promoters of the undertaking, freed and discharged from all such commonable or other rights, and they shall be entitled to immediate possession of the land. ENFRANCHISEMENT UNDER THE LAND TAX REDEMPTION ACTS. The Land Tax Redemption Act, 1802,^ gives power to bodies politic, companies, and trustees for charitable and other public purposes, on whose land a land tax is imposed, to raise money by enfranchising (that is, by selling the freehold of) copyhold lands that are held of them for the purpose of redeeming the land tax thereon. The enfranchisement must be by deed, and subject to the consent of the Income Tax Commissioners, who have the power to settle any questions that may arise upon the enfranchisement. 1 42 Geo. III. li. US. 258 COPYHOLDS. ENFRANCHISEMENT UNDER THE SETTLED ESTATES ACTS. The Settled Estates Act, 1877/ provides for leases and sales of settled estates by an order to be obtained from the Court of Chancery. An application for such order is made by the persons interested in the lands. Where the land, or part of it, is held as copyhold, the order may direct that they shall be enfranchised before sale ; or, where settled land consists of a manor, the order may authorise the lord to sell the freehold of the lands held by him by copy. The proceeds of the sale of settled lands can also be used in enfranchising copyholds forming part of the settlement. ENFRANCHISEMENTS UNDER THE SETTLED LAND ACTS. The Settled Land Act, 1882,^ gives power to tenants for life of a manor or other settled land, of which copyholds or other customary lands are held, to sell the seignory thereof so as to effect an enfranchisement. The enfranchisement is by deed, and may include or exclude the lord's right to mines and minerals, and may be with or without any grant or re-grant of rights of common or of easements. The lord who is tenant for life must give the usual notices of sale to the trustees and their solicitor. The enfranchisement consideration must be a gross sum, and is paid to the trustees of the settlement or into Court. 40&41 Vict. u. 18. ' 45 & 46 Vict. t. 33. VARIOUS STATUTES. 259 A copyholder who is tenant for hfe has full power to accept an enfranchisement of copyhold land, and, by virtue of the Settled Land Act, 1882,i he can sell the settled land, or any part of it, for the purpose of -enfranchising the copyhold land, or can use any '" capital money " that is available, or he may raise money upon mortgage upon the settled land for the purpose of providing the money to pay for the enfranchisement of any land that is of copyhold or of other customary tenui^e. ' 45 & 46 Vict. c;.33. APPENDIX. COPYHOLD ACT, 1894. (57 & 58 Vict., Ch. 46.) An Act to consolidate the Cofiyhold Acts. [_25th August, 7894.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament ■assembled, and by the authority of the same, as follows : PART L Compulsory Enfranchisement. Right to Enjranchise. ^, Where there is an admitted tenant of copyhold land Power to the lord or the tenant may, subject to the provisions of this copj!hoici&^ Act, require and compel enfranchisement of the land. Provided that this section shall not apply where the -tenant is admitted in respect of a mortgage and the mort- .gagee is not in possession. 2, A lord or tenant of any land liable to any heriot, Power to quitrent, free rent, or other manorial incident whatsoever, manOTiai may require and compel the extinguishment of such rights 262 APPENDIX. or incidents affecting the land, and the release and enfranchisement of the land subject thereto, in like manner as nearly as possible as is provided by this Act with respect to the right to compel the enfranchisement of copyhold land and to the proceedings thereupon, and the provisions of this Act shall apply accordingly. I'i^fs- &p- to lie 3 A tenant shall not be entitled to require an enfran- paid before en- "' ' ^ franchisement. chisement of any land under this Act until after payment or tender — (a) in case the land is copyhold and an admittance thereto has not been made since the thirtieth day of June one thousand eight hundred and fifty three, of such fine and of the value of such heriot (if any) as would become payable in the event of admittance or alien- ation subsequent to that day, and of two-thirds of such sum as the steward would have been entitled to in respect of the admittance ; and (b) in case the land is freehold (including customary freehold) and subject to heriots and no heriot has become due or payable since the thirtieth day of June one thousand eight hundred and fifty-three, of the value of such heriot, if any, as would become payable in the event of an admittance or enrolment or alien- ation subsequent to that day, and of two-thirds of such sum as the steward would have been entitled to for fees in respect of the alienation or admittance or enrolment ; and (c) in every other case, of all fines and fees consequent on the last admittance to the land. Notice oEaesire A A lord or tenant who requires enfranchisement under to enfraucliiwe. ~" ^ this Act must give notice in writing, the lord to the tenant or the tenant to the lord, as the case may be, of his desire to have the land enfranchised. COPYHOLD ACT, 1894. 263 Compensation for Enfranchisement. 5, — (i.) When a notice requiring an enfranchisement aJcertatnJng '""^ has been given under this Act, the compensation for the compensation. enfranchisement shall be ascertained in accordance with the provisions of this section. (2.) The lord and the tenant may — (a) determine the amount of the compensation by agree- ment in writing ; or {h) agree in writing that the Board of Agriculture shall determine the amount ; or (c) appoint a valuer or valuers to determine the amount. Provided that — (i.) if the compensation is not otherwise determined, it shall be ascertained under the direction of the Board, on a valuation made by a valuer or valuers appointed by the lord and tenant ; but (ii.) if the manorial rights to be compensated consist only of heriots, rents, and licences at fixed rates to demise or to fell timber, or of any of these, or the land to be enfranchised is not rated for the relief of the poor at a greater amount than the net annual value of thirty pounds, the valuation shall be made by a valuer to be appointed by the justices at petty sessions holden for the division or place in which the manor or the greater part of it is situate, unless either party to the enfranchisement gives notice that he desires the valuation to be made by a valuer or valuers appointed by the lord and tenant, in which case he shall pay the additional expenses caused by that mode of valuation. (3.) When a valuer is appointed by justices, a justice who is a lord of the manor shall not take any part in the appointment. 264 APPENDIX. (4.) When the valuation is to be by a valuer or valuers appointed by the lord and tenant — (a.) The lord and the tenant may each appoint one valuer : (b.) They may appoint one and the same person : (c.) If either the lord or the tenant does not appoint a valuer within twenty-eight days after notice has been given to him by the other party to do so, or within such further time, if any, as the Board of Agriculture by order allow, the Board shall appoint a valuer for him : {d.) The appointment of a valuer by either party cannot be revoked, except with the consent of the other party : (e.) Where there are two valuers they shall, before proceeding with the valuation, appoint an umpire: (f.) If they do not within fourteen days after their appointment appoint an umpire, the Board of Agriculture shall appoint an umpire for them. (5.) The Board of Agriculture may, on the application of either the lord or the tenant, remove a valuer or umpire for misconduct or for refusal or omission to act. (6.) If a valuer or umpire dies, or becomes incapable, or refuses to act, or is removed, another valuer or umpire, as the case may be, shall, within a time to be fi.xed by the Board of Agriculture, be appointed in his place by the person and in the manner provided by this section with regard to the valuer or umpire in whose place he is appointed, and in default by the Board. A valuer or umpire appointed under this provision may adopt and act upon any valuation or proceeding agreed on or completed by the valuer or valuers or umpire previously acting. COPYHOLD ACT, 1894. 265 (7.) Before a valuer or umpire enters on his valuation he shall, in the presence of a justice of the peace, make and sLibscribe a declaration in the form mentioned in that behalf in the First Schedule to this Act. (8.) The declaration made by a valuer or umpire must be annexed to the valuation. (g.) If a valuer or umpire having made a declaration under this section wilfully acts contrary thereto he shall be guilty of a misdemeanor. 6. — (i.) In making a valuation for the purpose of Sb™considered ascertaining the compensation for a compulsory enfran- ^>' valuers, chisement under this Act, the valuers shall take into account and make due allowance for the facilities for improvements, customs of the manor, fines, heriots, reliefs, quit rents, chief rents, forfeitures, and all other incidents whatsoever of copyhold or customary tenure, and all other circumstances affecting or relating to the land included in the enfranchisement, and all advantages to arise therefrom. Provided that they shall not take into account or allow for the value of escheats. (2.) The value of the matters to be taken into account in the valuation shall be calculated as at the date of the notice to enfranchise. 7_ — (i.) Valuers appointed for the purpose of ascertain- ^"*'^'^°' ing the compensation for a compulsory enfranchisement shall determine the value of the matters to be taken into account in the valuation at a gross sum of money. (2.) If the valuers do not agree as to the compensation or any point arising in the valuation, the valuers or either of them may refer the whole matter or the point in dispute to the umpire. 266 APPENDIX. (3.) The valuers shall give their decision within forty- two days after their appointment or within such further time, if any, as the Board of Agriculture by order allow. (4.) If the valuers do not give their decision within the time allowed by or in pursuance of this Act, and do not refer the matter to the umpire, the Board of Agriculture may direct the umpire to act as valuer. (5.) The umpire shall give his decision on any matter referred to him within forty- two days after the matter is- referred to him. (6.) The valuers or umpire shall make their decision in such form as the Board of Agriculture direct, and shall deliver the same with the details thereof to the Board, and shall also deliver copies of their decisions to the lord or to the tenant. (7.) If, in the opinion of the Board, the valuation is. imperfect or erroneous, they may remit it to the valuers or umpire, as the case may be, for reconsideration or correction. (8.) If either— {a) the valuers do not give their decision within the time allowed to them by or in pursuance of this Act, and the valuation is not referred to the umpire, either by the valuers or either of them or by the direction of the Board ; or (5) the umpire does not give his decision within the time allowed to him by or in pursuance of this Act; or (c) the valuers or the umpire do not, when a decision is. remitted to them by the Board for re-consideration or correction, amend it to the satisfaction of the Board, the compensation shall be determined by the Board after due notice to the lord and tenant. certain cases. COPYHOLD ACT, 1894. 267 (g.) Where the compensation is determined by the Board they shall take such proceedings and make such enquiries as they think necessary for the purpose, and shall take into consideration all matters which valuers are bound to take into consideration on a valuation under this Act, and shall communicate the result in writing to the lord and to the tenant, and shall fix a time within which any objection to their determination may be signified to them in writing by the lord or tenant, and shall consider every objection properly made and if necessary alter their determination accordingly. 8.— (i.) In either of the following cases, namely, — foTe^r^t™ charge in (a) where the enfranchisement is at the instance of the lord ; or (b) where the land can, in the opinion of the Board of of Agriculture, be sufficiently identified, and the compensation amounts to more than one year's improved value of the land, unless the parties otherwise agree, or the tenant within ten days after the receipt by him of the draft of the proposed award of enfranchisement gives to the Board notice in writing that he desires to pay the compensation in a gross sum, the compensation shall be an annual rentcharge, commencing from the date of the notice to enfranchise and issuing out of the land enfranchised, equivalent to interest at the rate of four per cent, per annum on the amount of the compensation. (2.) Except where it is provided by this section that the compensation shall be charged by way of rentcharge, the compensation shall be paid in a gross sum before the completion of the enfranchisement. 9, — On a compulsory enfranchisement the tenant shall stew pay to the steward the compensation mentioned in the Second Schedule to this Act. ard's compensation. 268 APPEXDIX. Board to niiiko award of en- Iranchi^iement. Award of Enfranchisement. "10. — (i-) \^'hen the compensation for a compulsory enfranchisement has been ascertained under the pro\'isions of this Act, the Board of Agriculture, having made such inquiries as they think proper, and having considered any applications made to them by the parties, may make in such form as they provide an award of enfranchisement on the basis of the compensation, and may confirm the award. (2.) The award shall state whether the compensation is a gross sum or a rentcharge, and the amount thereof, and where it is a rentcharge shall make the land subject thereto and chargeable therewith. (3.) The Board shall fourteen days before confirming the award send to the tenant and to the steward, unless the proposed award has been already perused by them respec- tively, a copy of the proposed award. (4.) Where the compensation is a gross sum the award shall not be confirmed until the receipt of the person entitled to receive the compensation has been produced to the Board. (5.) The Board shall send a copy of the confirmed award sealed or stamped with the seal of the Board to the lord, and the lord shall cause the copy to be entered in the court rolls of the manor. (6.") The date at which a compulsory enfranchisement shall take effect may be fixed by the confirmation of the award of enfranchisement, and if not so fixed, shall be the date of the confirmation of the award. Restrictions on Enfranchisement. Power for lord ii — (j\ Where a notice requiring the enfranchisement in certain ca-es ' " / , ■ . • ■ T > topurehaseten- of any land under this Act is given by the tenant, and the lord shows to the satisfaction of the Board of Agriculture COPYHOLD ACT, 1894. 269 that any change in the condition of the land which but for the enfranchisement would or might be prevented by the incidents or conditions of the tenure of the land, will pre- judicially affect the enjoyment or value of the mansion, house, park, gardens, or pleasure grounds of the lord, the lord may give to the tenant notice in writing that he offers to purchase the tenant's interest in the land. (2.) If the tenant accepts the offer he shall do so by sending to the Board, within twenty-eight days after he has received notice of the offer, notice in writing of his accept- ance, and thereupon the offer and the acceptance shall be binding on the lord and the tenant. (3.) If the tenant does not accept the offer the enfran- chisement shall not take place unless the Board think fit tO' impose such terms and conditions as are in their opinion sufficient to protect the interests of the lord. (4.") Where a purchase is being made under this section,, if the consideration for the purchase is not within a time allowed by the Board settled by agreement between the lord and the tenant, the Board may appoint a valuer to ascertain the value of the tenant's interest, or may refer it to the- valuers, if any, acting in the enfranchisement. (5.") When the value of the tenant's interest has been agreed on or ascertained, the Board shall issue, under their seal, a certificate which shall define the land included in the purchase, and shall state the consideration for the purchase,, and fix a time for the payment of the consideration. (6.) On the payment of the consideration the tenant shall execute a conveyance of his interest in the land to the lord in such form as the Board direct, and on the execution of the conveyance the land shall vest in the lord accordingly. (7.) If the consideration is not paid within the time fixed by the certificate or such further time as the Board allow,. no APPENDIX. and the Board are of opinion that the non-payment arises from the default of the lord, they may cancel the certificate, and thereupon the enfranchisement shall be proceeded with, but subject to the provisions of this section as to expenses, as if this section had not been passed. (8.) Where a purchase is made under this section all the costs of the valuation and all the expenses attending the purchase, including the expenses of the conveyance, shall be paid by the lord. (9.) Where a purchase is, by the default of the lord, not completed, all expenses which the Board certify to have been incurred by the tenant in consequence of the offer, acceptance, and default shall be paid by the lord to the tenant. Power for Board to sus- i)end ent'ran- chisement in certain cases. ■|2, — (i-) The Board of Agriculture may suspend any proceedings for a compulsory enfranchisement under this Act where any peculiar circumstances make it impossible, in their opinion, to decide on the prospective value of the land proposed to be enfranchised, or where any special hard- ship or injustice would unavoidably result from compulsory enfranchisement. (2.) Where the Board suspend a proposed enfranchise- ment under this section they shall state their reasons for doing so in their annual report which is by this Act directed to be laid before Parliament. Power for Board to con- tinue condi- tions to user. "13. On a compulsory enfranchisement under this Act, in any case where the tenant was admitted subject to any con- dition affecting the user of the land and imposed for the benefit of the public or of the other tenants of the manor, and in the opinion of the Board of Agriculture some special hardship or injustice would result if the land were released from the condition, the Board may continue and give effect to the condition by the award of enfranchisement. COPYHOLD ACT, 1894. 271 PART II. Voluntary Enfranchisement. 14, — (i-) The lord of any manor may with the consent Powerto effect of the Board of Agriculture enfranchise any land held of the iranc-hisement. manor, and any tenant may with the consent of the Board accept an enfranchisement of his land. (2.) The enfranchisement may be on such terms as subject to the provisions of this Act are settled by agreement between the lord and the tenant. (3.) If the estate of the lord or of the tenant parties to the enfranchisement is less than an estate in fee simple in possession or corresponding copyhold or customary estate, and the tenant has not paid the whole of the cost of enfranchisement, the lord or tenant respectively shall give notice in writing of the proposed enfranchisement to the person entitled to the next estate of inheritance in remainder or reversion in the manor or land to be affected by the enfranchisement. ■|5_ — (i.) The consideration for a voluntary enfranchise- Consideration ment under this Act may be either — entran- (a) a gross sum payable at once or at any time fixed by the agreement ; or {b) a rentcharge charged on and issuing out of the land enfranchised ; or (c) a conveyance of land or of a right to mines or minerals ; or {d) a conveyance of a right to waste in lands belonging to the manor, or may be provided partly in one and partly in another or others of those ways. (2.) Land or a right to mines or minerals subject to the same or corresponding uses and trusts with the land enfranchised may be conveyed as consideration under this section. chisement. 272 APPENDIX. (3.) Where the estate of the lord is less than an estate in fee simple in possession, and land not parcel of the manor, or a right to mines or minerals not in or under the land enfranchised, is conveyed as consideration under this section, the land or right must be convenient in the opinion, of the Board of Agriculture to be held with the manor, and must be settled to uses or on trusts identical with or corresponding to those to or on which the manor is held. Voluntary en- franchisement to be by deed. Provisions for rentcbarges under Act. ■J5, — (!•) A voluntary enfranchisement under this Act may be effected with the consent of the Board of Agri- culture by such a deed as would be proper on an enfran- chisement by a lord seised of the manor for an absolute estate in fee simple in possession. (2.) Where any person is entitled to notice of the pro- posed enfranchisement, the assent or dissent or acquiescence of that person in respect of the enfranchisement may be stated in writing to the Board of Agriculture when the enfranchisement deed is sent to them for confirmation. If any dissent in writing has been expressed, the Board shall with- hold their consent to the deed until they have made further enquiries, and are satisfied that the agreement is not fairly open to objection. (3.) The Board may in every case cause any such further notices to be given and inquiries to be made as they think proper, before consenting to the enfranchisement deed. ■| 7. Where any part of the consideration for a ^•oluntary enfranchisement under this Act is a rentcharge — (i.) The rentcharge may be — (a) a fixed annual sum, or (b) where it exceeds the sum of twenty shillings, an annual sum varying with the price of corn and calculated upon the same averages and variable in like manner as a tithe commutation rentcharge j and COPYHOLD ACT, 1894. 273 (2.) The rentcharge may be made subject to an increase or diminution to be stated in the enfranchisement agreement, or afterwards fixed by valuers in any event which is provided for by the agreement ; and (3.) The tenant may grant the rentcharge by deed to the lord and his heirs to the uses on the trusts and sub- ject to the powers and provisions subsisting at the date of the enfranchisement with respect to the manor of which the land enfranchised is held ; and (4.) The rentcharge may be charged on all or any part of the land enfranchised. 1R Where any part of the consideration for an enfran- Provisions 1 • 1 1 • A • I <- 1 1 r "^vhere land IS chisement under this Act is the conveyance of land or of conveyed as . , . . , ^ , - , consideration a right to mines or minerals, or of a right to waste, the under this Part tenant may convey the land or right to the lord and his heirs to the uses on the trusts and subject to the powers and provisions subsisting at the date of the enfranchise- ment in respect of the manor of which the land enfranchised is held. 10 — (i.) Where a voluntary enfranchisement is effected Entranchisj;- ■"■ ^ ' -^ _ mentconsidera- under this Act, the land enfranchised shall be chare^ed with tiontobea ° charge on land every sum payable to the lord m respect 01 the enfranchise- till paid, ment, with interest thereon from the day fixed by the enfranchisement deed for payment thereof until payment thereof. (2.) The lord shall be deemed to be seised of the land subject to a charge under this section as mortgagee in fee« and may distrain on the land for any interest due in respect of the charge as if it were rent in arrear. (3.) A charge under this section shall be a first charge on the land subject thereto, and shall have priority over all incumbrances whatsoever affecting the land (except tithe rentcharge and any charge having priority by statute), not- withstanding that those incumbrances are prior in date. T 274 APPEXDIX. m°eritrf'enfran- 20. — The date at which a voluntary enfranchisement chisement. under this Act shall take efifect, and the commencement of a rentcharge in consideration of a voluntary enfranchise- ment under this Act, may be fixed by the memorandum of confirmation of the enfranchisement deed, and if not so fixed shall be the date of the confirmation of the deed by the Board of Agriculture. PART III. Effect of Enfranchisement. OnenfranciiiBe- oi — (i.) When an enfranchisement is made under this become free- Act the following provisions shall, from and after the time when the enfranchisement takes effect, apply with respect to the land enfranchised : — (a) The land shall be of freehold tenure ; (b) The lord shall be entitled, in case of an escheat for want of heirs, to the same right as he would have had if the land had not been enfranchised ; (c) The land shall not be subject to the custom of borough English, or of gavelkind, or to any other customary mode of descent, or to any custom relating to dower or freebench or tenancy by the curtesy, or to any other custom whatsoever, but shall be subject to the same laws relating to descents, and dower, and curtesy as are applicable to land held in free and common socage: Provided as follows : — • (i.) Nothing in this section shall affect the custom of gavelkind in the county of Kent ; (ii.) Nothing in this section contained with respect to dower, freebench, or curtesy shall apply to any person married before the date at which the enfranchisement takes effect ; COPYHOLD ACT, 1894. 275 (d) The land shall be held under the same title as that under which it was held at the date at which the ■enfranchisement takes effect, and shall not be subject to any «state, right, charge, or interest affecting the manor ; (e) Every mortgage of the copyhold estate in the land •shall become a mortgage of the freehold for a corresponding estate, but subject to any charge having priority thereof by virtue of this Act. (2.) An enfranchisement shall not, except as in this Act tnentioned, affect the rights or interests of any person in the fland enfranchised under a will, settlement, mortgage, or ■otherwise, but those rights and interests shall continue to attach upon the land enfranchised in the same way as nearly .as may be as if the freehold had been comprised in the instrument or disposition under which that person claims. (3.) Where land is, at the date at which the enfranchise- ment thereof under this Act takes effect, subject to any subsisting lease or demise, the freehold into which the copyhold estate is converted shall be the reversion immediately expectant on the lease or demise, and the rents and services reserved and made payable on, and the .conditions in, or in respect of, the lease or demise, shall tbe incident and annexed to the reversion, and the covenants ■or agreements, expressed or implied, on the part of the lessor and lessee respectively shall run with the land and with the reversion respectively, and the enfranchisement shall not affect any right of distress, entry, or action accruing in respect of the lease or demise. 22, — An enfranchisement under this Act shall not Exception for deprive a tenant of any commonable right to which he is common, entitled in respect of the land enfranchised, but where any such right exists in respect of any land at the date of the enfranchisement thereof it shall continue attached to the Jand notwithstanding the land has become freehold. 276 APPENDIX. Exception for mines and other rights. 23, — (i-) An enfranchisement under this Act shall not without the express consent in writing of the lord or tenant respectively affect the estate or right of the lord or tenant in or to any mines, minerals, limestone, lime, clay, stone, gravel, pits, or quarries whether in or under the land enfranchised or not, or any right of entry, right of way and search, or other easement of the lord or tenant in, on, through, over, or under any land, or any powers which in respect of property in the soil might but for the enfran- chisement have been exercised for the purpose of enabling the lord or tenant, their or his agents, workmen, or assigns, more effectually to search for, win, and work any mines, minerals, pits, or quarries, or to remove and carry away any minerals, limestone, lime, stones, clay, gravel or other substances had or gotten therefrom, or the rights, franchises, royalties, or privileges of the lord in respect of any fairs, markets, rights of chase or warren, piscaries, or other rights of hunting, shooting, fishing, fowling, or otherwise taking game, fish, or fowl. Provided that the owner of the land so enfranchised shall, notwithstanding any reservation of mines or minerals in this Act or in the instrument of enfranchisement, but without prejudice to the rights to any mines or minerals, or the right to work or carry away the same, have full power to disturb or remo\"e the soil so far as is necessary or convenient for the purpose of making roads or drains or erecting buildings or obtaining water on the land. (2.) A steward shall not, without special authority, have- power to consent on behalf of a lord under this section. Power for tenant to grant ease- ments to lord. 24, — (i-) On an enfranchisement under this Act there- may be reserved or granted, with the consent of the tenant, to the lord any right of way or other easement in the land enfranchised for more effectually winning and carr3dng away any mines or minerals under the land. (2.) The easement must be reserved by the award or- granted in the deed of enfranchisement. COPYHOLD ACT, 1894. 277 PART IV. Provisions as to Consideration AIonev, Expenses, Rentcharges. Considevation Money. 25. — The receipt of any person for any money paid to Power to him in pursuance of this Act shall be a sufficient discharge for the money, and the person paying it shall not be bound to see to the application or be liable for the misapplication or loss thereof. 26, — (i-) Money payable under this Act as the com- payment of en- pensation or consideration for an enfranchisement may, money!'''^™™ subject to the other provisions of this Act, be paid to the lord for the time being. Provided that where any money is payable in pursuance of this section to a lord ha\ing only a limited estate or interest in the manor, the Board of Agriculture — [a] if the money exceeds the sum of twenty pounds for all the enfranchisements in the manor, shall direct it to be paid into court or to trustees in manner provided by this Act; and (i) if the money does not exceed the sum of twenty pounds for all the enfranchisements in the manor, may direct it either to be paid in manner aforesaid, or to be retained by the lord for his own use, as in their discretion they think fit. (2.) If a lord refuses to accept any money payable to liim under this section the money shall be paid into court or to trustees in manner provided by this Act. (3.) If any money in respect of the compensation or consideration for an enfranchisement is paid to a lord whose title afterwards proves to be bad or insufficient, the rightful owner of the manor or his representative may recover the 278 APPENDIX. amount from the person to whom it was paid, or his representative, with interest at the rate of five pounds per cent, per annum from the time of the title proving to be bad or insufficient. (4.) If any principal money is paid for enfranchisement to a person who is not entitled to receive it under the provisions of this Act, the land enfranchised shall continue to be charged with the payment of the money in favour of the person entitled : Provided that the person entitled to the land may recover the money as against the person who wrongfully received it. (5.) If any dispute arises as to the proper application, appropriation, or investment under this Act of any money payable in respect of an enfranchisement, the Board of Agriculture may decide the question, and their decision shall be final. Rentc]iarges. Payment of 27. — The following pro\'isions shall apply to e^-ery under^Art?'' rentcharge created under the provisions of this Act : — (fl) The rentcharge shall be payable half-yearly on the first day of January and the first day of July in every year : [b) The first payment of a rentcharge shall be made on such one of those half-yearly days of payment as next follows the day fixed for the commencement of the rentcharge, or if no such day is fixed, the date of the award or deed of enfranchisement, and shall be of an amount proportional to the interval between the commencement of the rentcharge and the said day of payment : (c) The rentcharge shall be a first charge on the land charged therewith, and shall have priority over all incumbrances affecting the land except tithe rent- charge and any charge having priority by statute, notwithstanding those incumbrances are prior in date : COPYHOLD ACT, 1894. 279 (d) The rentcharge shall be deemed to be granted to the lord and his heirs, to the uses, on the trusts, and subject to the powers and provisions subsisting, at the date of the enfranchisement in consideration of which the rentcharge arises, in respect of the manor of which the land subject to the rentcharge was held, and shall be appendant and appurtenant to the manor, but not so as to be incapable of being severed there- from or to be affected by the extinction thereof : {e) The rentcharge whenever created shall be recover- able by the like remedies as are provided by section forty-four of the Conveyancing and Law of Property 4' & 45 Vict. Act, 1 88 1, in respect of rentcharges created after the commencement of that Act. Provided that an occupying tenant, who properly pays on account of a rentcharge any money which as between him and his landlord that tenant is not liable to pay, shall be entitled to recover from the landlord the money paid, or to deduct it from the next rent payable by the tenant ; and an intermediate landlord who pays or allows any sum under this provision may in like manner recover it from his superior landlord, or deduct it from his rent. The Provisions of section forty-four of the Conveyancing and Law of Property Act, i8Si, are as follows: — 28, — The persons for the time being entitled to a rent- Apportionment charge under this Act, and to the land subject to the rent charge respectively, whether in possession or in remainder or reversion expectant on an estate for a term of years, may apportion the rentcharge between the several parts of the land charged therewith. Provided as follows : — ((?) Where the person entitled to the land is not absolutely entitled thereto, the apportionment shall not be made without the consent of the Board of Agriculture : and oi rentcharg 280 A PPEXDIX. (J) A person entitled to an undivided share in a rent- charge or land shall not exercise the powers of this section unless the persons entitled to the other undivided shares concur in the apportionment. Protection of lessees from liability to rentchai'ge. 29, — A sub-lessee under a sub-lease shall not, as between him and his lessor, be liable in consequence of the creation or apportionment of a rentcharge under this Act to pay any greater sum of money than he would have been liable to pay if the charge or apportionment had not been made. Bedemption of rentcharge. 30, — (i-) A rentcharge created under this Act may be redeemed on any half-yearly day of payment by the person for the time being in actual possession or in receipt of the rents and profits of the land subject to the rentcharge, on payment to the person for the time being entitled to receive the rentcharge of the consideration pro'.ided by this section. Provided that where the person entitled to the rentcharge is entitled for a limited estate or interest only, the Board of Agriculture — (fl) if the money exceeds the sum of twenty pounds for all the rentcharges under this Act in the manor, shall direct it to be paid into court or to trustees in manner provided by this Act ; and (fc) in any other case, may direct it either to be paid in manner aforesaid or to be retained by that person for his own use. (2.) The consideration for the redemption of a rent- charge under this section shall, — (o) where the rentcharge is of fixed amount, be twenty- five times the yearly amount of the rentcharge ; and (b) in any other case, be a sum to be fixed by the Board of Agriculture on the request of the person entitled to redeem the rentcharge. COPYHOLD ACT, 1894. 281 (3.) The person intending to redeem shall give to the person for the time being entitled to receive the rentcharge six months' previous notice in writing of his intention. (4.) If on the expiration of the notice the redemption money and all arrears of the rentcharge are not paid, the person for the time being entitled to receive the rentcharge shall have for the recovery of the redemption money and all arrears, if any, of the rentcharge the like povv^ers in respect of the land charged as are given by the Conveyancing and 4J&-i5Yict. Law of Property Act, 1 881, to a mortgagee in respect of the mortgaged property for the recovery of the mortgage debt and interest in a case where the mortgage is by deed. (5.) When it appears to the Board of Agriculture that payment or tender of the consideration for the redemption of a rentcharge has been duly made, the Board may certify that the rent charge has been redeemed and the certificate shall be conclusive. (6.) The expenses incurred in redeeming a rentcharge under this section shall be dealt with on the same footing as the expenses incurred in redeeming a mortgage. 31 — (i.'l Where the person for the time being entitled Power to sell ill- ^ J f ,-, • -ij rentcharge. to the receipt of a rentcharge under this Act is entitled thereto for a limited estate or interest only, or is a corpora- tion not authorised to sell the rentcharge except under the provisions of this Act, that person may sell and transfer the rentcharge with the consent of the Board of Agriculture given under their seal. (2.) When a rentcharge is sold under this section the consideration money for the sale shall be paid into court or to trustees in manner directed by this Act. Provided that when the consideration does not exceed the sum of twenty pounds for all the rentcharges under this Act in the manor the consideration may be paid, if the Board of Agriculture so direct, to the person for the time being entitled to receive the rentcharge for his own use. 282 APPEXUIX. Application of Money to he paid under Act into Court or to Triistees. mOTi'eymto' 32. — (i-) Where money is directed by or in pursuance of tl™tL°' *° ^'^'^ ^'^* *° ^^ P^'^ ^^^° ^°^'^^ ^' s'^^11 be paid into the High Court in manner provided by rules of court to an account ex- parte the Board of Agriculture. (2.) Where money is directed by this Act to be paid to trustees it shall be paid — (a) if there are any trustees acting under a settlement under which the lord or owner of the manor or rent- charge in respect of which the money arises derives his estate or interest in the manor or rentcharge, then to those trustees or to such one or more of them as the Board of Agriculture direct ; and (b) in any other case to trustees appointed by the Board of Agriculture. (3.) Where money may under the provisions of this Act be paid either into court or to trustees, it may be paid either into court or to trustees at the option (where the money arises in respect of an enfranchisement) of the lord for the time being, and (where it arises in respect of a rentcharge) of the owner for the time being of the rentcharge. (4.) — {a.) The Board of Agriculture may appoint fit persons to be trustees for the purposes of this Act. {h.) \\'here any trustee appointed by the Board of Agriculture dies the Board shall appoint a new trustee in his place. (c.) \\^here any trustee appointed by the Board desires to resign, or remains out of the United Kingdom for more than twelve months, or refuses or is unfit to act, or is incapable of acting the Board may if they think fit appoint another trustee in his place. (d.) An appointment under this section must be by order under the seal of the Board of Atiriculture. COPYHOLD ACT, 1894. 283 33. — (i-) Where in pursuance of this Act any money in investment of " ■ , ... , , . , r monej- m Court respect oi an eniranchisement or the redemption or sale oi or in hands of a rentcharge is paid into court or to trustees the money shall when paid into court be applied under the direction of the court, and when paid to trustees be applied, subject to the consent of the Board of Agriculture, by the trustees, in one, or partly in one and partly in another or others, of the following modes of application or investment; that is to say, (a) in the purchase or redemption of the land tax or in or towards the discharge of any incumbrance affecting the manor or the rentcharge or other hereditaments settled with the manor or rentcharge to the same or the like uses or trusts ; or (b) in the purchase of land ; or (c) in investment in two and three quarters per centum consolidated stock or in Government or real securities, or in any of the investments in which trustees are for the time being authorised by the law to invest ; or (d) in payment to any person who would, if the enfran- chisement or redemption or sale had not taken place, be absolutely entitled to the manor or the rentcharge respectively. (2.) Land purchased under this section shall be conveyed to the uses, on the trusts, and subject to the powers and provisions which are or would but for the enfranchisement or redemption or sale be subsisting in the manor or rentcharge, as the case may be, or as near thereto as circumstances permit. (3.) The income of an investment under this section shall be paid to the person who is or would but for the enfranchisement be entitled to the rents and profits of the manor, or would but for the redemption or sale be entitled to the rentcharge, as the case may be. 284 APPEXDIX. (4.) An investment or other application of money in court under this section shall be made on the application of the person who would for the time being be entitled to the income of an investment of the money. Expenses. Expensesof 94 — (i.) The expenses of a compulsory enfranchise- dealings under "^' ,,.,,,,,, , , Act, how borne, ment under this Act shall be borne by the person who requires the enfranchisement. (2.) A sum in respect of the expenses of a compulsory enfranchisement shall not be due or recoverable from any person until it has been certified by order of the Board of Agriculture to have been properly incurred. (3.) The expenses of a voluntary enfranchisement under this Act shall be borne by the lord and tenant in such pro- portions as they agree, or in default of agreement as the Board of Agriculture direct. (4.) All the expenses which in the opinion of the Board of Agriculture are incidental to an enfranchisement, whether for proof of title, production of documents, expenses of wit- nesses, or otherwise, shall, for the purposes of this Act, be expenses of the enfranchisement. (5.) Where there is any dispute as to the amount of the expenses payable by or to any person under this Act the Board of Agriculture may ascertain the amount and declare it by order and the order shall be conclusive as to the amount and that it is payable by or to the persons mentioned in that behalf in the order. (6.) If by reason of dispute as to title it appears to the Board of Agriculture to be uncertain on whom an order to pay expenses should be made, the Board may, if they think fit, grant to the person entitled to receive payment of the expenses a certificate of charge on the manor or land, as the case may be, in respect of which the expenses were incurred. COPYHOLD ACT, 1894. 285 35. — (!•) When money is declared by this Act to be pay- ^xpenseT"' able by any person on account of expenses of proceedings under this Act, — (a) it may be recovered as a debt due from the person liable to pay to the person entitled to receive it ; (b) if the expenses are in respect of a compulsory enfran- chisement, and the amount is certified by an order of the Board of Agriculture, it may be recovered in any way provided by this Act for the recovery of the con- sideration for the enfranchisement ; (c) if the amount is certified by an order of the Board of Agriculture, and the person liable to pay the amount does not pay it immediately after receiving notice of the order, the person to whom the amount is payable shall be entitled to obtain from a court of summary jurisdiction a warrant of distress against the goods of the person in default ; (d) if the money is payable by a lord to a tenant, or by the owner of a rentcharge to the owner of the land charged, it may be set off against any money which at the time is receivable by the lord from the tenant, oi" by the owner of the rentcharge from the owner of the land charged, as the case may be. (2.) If a tenant who is a trustee, or is not beneficially interested in the land of which he is tenant, properly pays any expenses of an enfranchisement under this Act, he may, except as against an unadmitted mortgagee, recover the amount paid from the person who is entitled to the land at the date of the enfranchisement. (3.) If an occupier of land properly pays any expenses of an enfranchisement under this Act he may deduct the amount paid from his next rent. Charge for Considemtion Money and Expenses. 36, — (i.) Where an enfranchisement is affected under Charge for this Act the tenant may charge the land enfranchised with money and all money paid by him as the compensation or consideration tenant.'^*'"' 286 APPENDIX. for the enfranchisement, and with his expenses of the enfran- chisement, or, with the consent of the lord, with any compen- sation payable, or with any part thereof respectively. (2.) Where land is conveyed as the consideration for a voluntary enfranchisement under this Act, and the person conveying the land is absolute owner of the land conveyed, he may charge the land enfranchised with such reasonable sum as the Board of Agriculture consider to be equivalent to the value of the land conveyed and with the expenses of the conveyance. (3.) Where a lord purchases under this Act a tenant's interest in land he may charge the land purchased, and the manor and any land settled therewith to the same uses, with the purchase money and the expenses of the purchase. (4.) When a charge may be made under this section, the expenses of the charge may be included in the charge. (5.) A charge under this section may be for a principal sum and interest thereon not exceeding five per cent, per annum, or may be by way of terminable annuity calculated on the same basis. (6.) A charge under this section may be by deed by way of mortgage, or by a certificate of charge under this Act. (7.) A charge under this section shall be first charge on the manor or lands subject to the charge, and shall have priory over all incumbrances whatsoever affecting the manor or land, except tithe rentcharge and any charge having priority by statute, notwithstanding that those incumbrances are prior in date. (8.) Any money secured on land may be continued on the security thereof notwithstanding a charge under this section. Charge for 37. — (^O Expenses incurred by a lord in proceedings lord's expenK-K. ^^^^^ ^^^^ ^^^ ^^^_ (a) be paid out of any consideration or compensation money (where it is a gross sum) arising in respect of the proceedings ; or COPYHOLD ACT, 1894. 287 (b) be charged, together with the expenses of the charge, on the manor or on land settled to the same uses as the manor or on any rentcharge arising in respect of the proceedings or in respect of any enfranchisement made under this Act within the manor. (2.) A charge under this section shall be by deed by way of mortgage, or by a certificate of charge under this Act. (3.) This section does not apply to the expenses of a purchase by the lord of a tenant's interest under this Act. 38. If a tenant or person claiming to be a tenant pays any money in respect of compensation or consideration for an enfranchisement under this Act, and is afterwards evicted from the land enfranchised, he may claim against the land enfranchised the amount of money or so much of it as is not charged on the land under the other provisions of this Act, and that amount shall be a charge on the land with interest thereon at the rate of four per cent, per annum from the date of eviction. Charjrc for consideration money where tenant's title proves bad. 39, If a mortgage pays under this Act any compensation chare or consideration money or expenses in respect of an enfran chisement of or redemption of a rentcharge on the mortgaged property the amount so paid shall be added to his mortgage, and the mortgaged property shall not be redeemable without payment of that amount and interest thereon. money paid by mortgagee. 40. Any company authorised to make advances for works power of agricultural improvement to owners of settled and other estates, may, subject and according to the provisions of its Act of Parliament, charter, deed, or instrument of settlement, make advances to owners of settled and other estates of such sums as may be required for the payment of any compen- sation or consideration for enfranchisement under this Act, or of any expenses chargeable on a manor or land under this Act or otherwise, and take for their repayment a charge for the same in accordance with those provisions respectively. to advance -^ums required tor purposes 01 Act. APPEXDIX. Certificates of 41, — (i.) A certificate of charge under this Act shall be under the sea! of the Board of Agriculture, and shall be countersigned by the person at whose instance the charge is made. (2.) If the charge is by way of terminable annuity the certificate shall state the amount of the annuity and the terms during which it is payable. (3.) If the charge is for a principal sum and interest the certificate shall state the amount of the principal sum and the rate of interest, and shall contain a proviso declaring that the certificate shall be void on payment of the principal with any arrears of interest due thereon at a time specified in the certificate or at the expiration of an ascertained notice. (4.) The manor or land charged by the certificate may be described by reference to the proceedings under this Act in respect of which the charge is made, or otherwise as the Board of Agriculture see fit. (5.) The certificate and the charge made thereby shall be transferable by endorsement on the certificate. (6.) A certificate of charge taken by the lord of any manor or by the tenant or owner of any land shall not merge in the freehold or other estate in the manor or land unless the owner of the charge, by endorsement on the certificate or otherwise, declares in writing his intention that the charge shall merge. (7.) The owner for the time being of a certificate of charge shall have for the recovery of any sum in the nature of interest or periodical payment becoming due under the certificate the like remedies as the owner of a rentcharge under this Act has in respect of his rentcharge, and shall also have, in respect of every sum whether in the nature of interest or periodical payment or principal sum secured by the certificate, the like remedies as a mortgagee in fee simple of freehold land has in respect of the principal sum and interest secured by his mortgage. COPYHOLD ACT, 1894. 289 (8.) A certificate of charge and a transfer thereof may be in the forms contained in that behalf respectively in the First Schedule to this Act, or in forms to the like effect. PART V. Administrative Provisions. Notice of Right to Enfranchise. 42. — (i-) On the admittance or enrolment of any tenant, Notice of right ,1 . 1 f- ,1 1 11 ■ , , t° enlranchise the steward ot the manor shall, without charge, give to to be given by the tenant admitted or enrolled, a notice of his right to obtain enfranchisement. (2.) The notice shall be in the form contained in that behalf in the First Schedule to this Act, or in a form to the like effect. (3.) If a steward neglects on any admittance or enrolment to give the notice required by this section, he shall not be entitled to any fee for that admittance or enrolment. Parties to Proceedings under Act. 43. Anything by this Act required or authorised to be Limited done by a lord or by a tenant may be done by him notwith- °"'"'^''=^- standing that his estate in the manor or land is a limited estate only. 44. — (i-) Anything by this Act required or authorised to Trustees. be done by a lord or by a tenant may be done by him notwithstanding that he is a trustee. (2.) Where the lords or the tenants are trustees and one or more of the trustees is abroad or is incapable or refuses to act, any proceedings necessary to be done by the trustees for effecting an enfranchisement under this Act may be done by the other trustee or trustees. U 290 APPENDIX. omraiits*^*'™ 45- When a lord or a tenant or any person interested in lunatics, &c. an enfranchisement or redemption or sale or otherwise under this Act is an infant or a lunatic, or is abroad or is unknown or not ascertained, anything by this Act required or authorised to be done by or in respect of him shall be done on his behalf, if he is an infant and has a guardian, by his guardian, and if he is a lunatic and there is a committee of his estate, by the committee, and if he is abroad and has an attorney authorised in that behalf, by his attorney, and in every other case by some fit person appointed by the Board of Agriculture to represent him for the purposes of this Act. Married 46. -^ married woman being lady of a manor or tenant poses of Act to shall, for the purposes of this Act, be deemed to be a feme be feme sole. onl p Steward in general to re- present lord. Appointment of agent by power of attorney. 47. — (i-) A lord for the purposes of this Act may act either on his own behalf, or by his steward, or may appoint an agent other than his steward to act for him. (2.) Unless and until a lord has given to a tenant and to the Board of Agriculture notice in writing that he intends to act on his own behalf, or has appointed an agent (to be named in the notice) other than his steward to act for him, the steward shall for the purposes of this Act represent the lord in all matters of procedure, and the tenant and the Board may treat the steward as the agent of the lord for the purpose of giving and receiving notices, and (except where this Act expressly requires a special authority from the lord) of making agreements, and of all other matters relating to enfranchisement. 48. — (i-) A lord or tenant or other person interested in any proceedings under this Act may by power of attorney appoint an agent to act for him in the execution of this Act. (2.) The power of attorney must be in writing, and must be signed by the person giving it, or, if it is given by a corporation aggregate, be sealed or stamped with the seal of the corporation. COPYHOLD ACT, 1894. 291 (3.) The power of attorney, or a copy thereof authenti- cated by the signature of two witnesses, must be sent to the I5oard of Agriculture. (4.) The appointment of an agent under this section may be revoked by the person who gave it sending to the Board notice in writing, signed or sealed as the case requires, of the revocation. (5.) When an agent has been appointed under this section, and the agency is subsisting — (a) everything which is by this Act directed or authorised to be done by or in relation to the principal, may be done by or in relation to the agent ; and ((i) the agent may concur in and execute any agreement or application or document arising out of the execution of this Act ; and (c) every person shall be bound by the acts of the agent acting within his authority, as if they were the acts of the principal.' (6.) A power of attorney under this section may be in the form mentioned in that behalf in the First Schedule to this Act, or in a form to the like effect. 49. — (i-) The proceedings for or in relation to an enfran- Death pending ■chisement under this Act shall not abate by the death of P™'^'-'e'i™ss- the lord or tenant pending the proceedings. (2.) Where an admittance or enrolment is necessary in consequence of the death, the admittance or enrolment shall be made, but no fine, relief, or heriot shall be payable to the lord in consequence of a death or any .admittance or enrolment on a death occurring between the ■date of a notice to enfranchise or a completed agreement for enfranchisement under this Act, and the enfranchise- ment in pursuance of that notice or agreement, and the •compensation shall be ascertained on the same footing as if the enfranchisement had been effected immediately after the commencement of the proceedings. 292 APPEXDIX. Shtfai,™ °^ 50. AH rights conferred and all liabilities imposed by liabilities. (-j^jg p^Q^ Qjj a, lord or on a tenant shall be held to be conferred and imposed respectively on the successors in title of the lord and tenant unless a contrary intention appears. Power to 51. — (i-) Before any enfranchisement under this Act tion as to lord's the Board of Agriculture may if they think fit require the lord or his steward to make a statutory declaration in such form as the Board direct, stating who are the persons for the time being filling the character or acting in the capacity of lord, the nature and extent of the estate and interest of the lord in the manor, and the date and short particulars of the deed, will, or other instrument under which he claims or derives the title, and the name and style of the person in whose name the court of the manor was last holden, and the date of the holding of that court, and the incumbrances, if any, affecting the manor, and the Board may accept a declaration made under this section for the purposes of this Act. (2.) If the lord or his steward does not make a declara- tion which he is required to make in pursuance of this section, or if in the opinion of the Board the declaration does not fully and truly disclose all the necessary par- ticulars, or if the lord refuses to give any evidence which the Board think proper and necessary to show a satisfac- tory prima facie title in the lord, or if the Board think that the incumbrancers should be protected, the Board may, if they think the justice of the case requires it, direct the compensation or consideration where it is a gross sum to- be paid] into court or to trustees in manner directed by this Act. (3.) Where the lord applies to the Board to effect an enfranchisement under this Act, the Board shall, if the tenant of the land proposed to be enfranchised so requires,, satisfy themselves of the title of lord. COPYHOLD ACT, 1894. 293 Questions arising in Proceedings under Act. 52. On an enfranchisement under this Act — Boundaries. (i.) Where the identity of any land cannot be ascer- tained to the satisfaction of the valuers, if the quantity of the land is mentioned in the court rolls of the manor, and is therein stated to be in statute measure, the land shall be taken to be of that quantity, and in every other case the quantity shall be determined by the valuers. (2.) Where the land is not defined by a plan on the court rolls the valuers shall, if requested in writing by the lord or the tenant, define the boundaries of the land by a plan. Provided that a plan shall not be made except by agreement between the lord and tenant where it appears by the court rolls or otherwise that the boundaries of the land have been for more than fifty years last past treated as being intermixed with the boundaries of other lands and as being incapable of definition. (3.) Where, after the appointment of valuers, there is any doubt or difference of opinion as to the identity of any land, the lord or tenant may apply to the Board of Agriculture to define the boundaries of the land for the purposes of the enfranchisement, and the Board shall ascertain and define the boundaries in such manner as they think proper. (4.) A plan made under this section and approved by the Board, and a definition of boundaries by the Board under this section, shall be conclusive as between the lord and tenant. 53_ — (i.) If any objection is made or question arises in Powertor the course of the valuation in a compulsory enfranchise- questJo^s'^aJif-'^ ment under this Act in relation to any alleged custom, or [JJ^^Js^i^ntl;"" the evidence thereof, or any matter of law or fact material 294 APPENDIX. to the valuation or arising on the enfranchisement, the lord or tenant may require, in writing, that the question be referred to the Board of Agriculture, and the Board shall inquire into and decide the question, and their decision shall, subject to the appeal provided by this- section, be final. (2.) Either party may appeal to the High Court by way of special case from a decision of the Board on a matter of law, subject to the following provisions, that is to say — (a) an application to state a case must be made to the Board within twenty-eight days after the decision appealed from. (i) the person applying for the case must give to the other party to the inquiry not less than fourteen days' previous notice in writing of the intended application. (c) the case shall, if the parties differ, be settled by the Board. (d) the judgment of the court on a special case shall be final and binding on the parties and on the Board. Powertocaii 54 — (i.) The Board of Agriculture, or a valuer may, for production . " ^ ' * 1 ■ a 1 1-1 i of documents for the purposes of this Act, by summons under the seal and examine r ,i i-i ^ witnesses. of the Board — (a) call for the production, at such time and place as the Board appoint, of any court rolls or copies of court roll, or any books, deeds, plans, documents, or writings relating to any matter before them, in the possession or power of any lord or tenant or steward ; and (b) summon to attend as witness any lord or tenant or other person. (2.) The Board or a valuer may examine any witness on oath and may administer the oath necessary for that purpose. COPYHOLD ACT, 1894. 295 (3.) A lord or tenant summoned under this section shall not be bound to answer any question as to his title. (4.) If any person summoned under this section, to whom a reasonable sum has been paid or tendered for his expenses, without lawful excuse neglects or refuses to attend, or to give evidence, or to produce a document in pursuance of the sum- mons, he shall be liable on summary conviction to a fine not exceeding five pounds. (5.) If any person wilfully gives false evidence in any proceeding under this Act he shall be guilty of perjury. (6.) If any person wilfully destroys or alters any document of which the production is required under this section he shall be guilty of misdemeanor. MThe Board of Agriculture may, if they think fit, order Expenses of *. .-" -r,, ,,. inquiries before that the expenses of any inquiry by the Board under this Board. Act, including the expenses of witnesses, and of the produc- tion of documents be paid by the paities to the inquiry, and to such person, and in such proportions, as the Board think proper. SR — (i.) Where, in the course of an enfranchisement Power to trans- uu- \ / ' fer charges on under this Act, it is found that a manor or the lord's estate manor to other . land or stock, and interest m 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 Board of Agricul- ture may, on the application of the person for the time being bound to make the payment or defray the charge, b}' order under their seal, direct that the rent or charge shall be a charge on any freehold land specified in the order of adequate value and held under the same title as the manor or land respectively, or on an adequate amount of Government stocks or funds to be transferred into Court by the direction of the Board or into the names of trustees appointed by the Board. (2.) From and after the sealing of the order the manor and land shall be discharged from the rent or charge, and the rent or charge shall be a charge on the land or the funds specified in that behalf in the order. 296 APPENDIX. (3.) There shall, by virtue of this Act, be attached, so far as the nature of the case will admit, to every charge under this section the like remedies, as against the land or funds made subject thereto, for the recovery of the amount charged as might have been had as against the manor or land in respect of the original charge. Notices, Insiniments, and Forms. 57, — (i-) A notice required or authorized by this Act to be given to any person must be given in writing and may be given — (a.) by leaving it at his usual or last known place of abode or business in the United Kingdom ; or (&.) by sending it by post in a registered letter addressed to him at that place ; or (c.) where he is a tenant of any premises, by delivering the notice or a true copy of it to some person on the premises, or if there is no person on the premises to whom it can be delivered with reasonable ddigence, by fixing it on some conspicuous part of the premises. (2.) Where a notice is required by this Act to be given by the Board of Agriculture or a valuer and no other mode of giving the notice is directed, the notice may be either in the name of the Board or valuer, as the case may be, or on their behalf respectively in the name of any person authorized by the Board to give notices. 58. — (!■) An agreement, valuation, or power of attorney under this Act shall not be chargeable with stamp duty. (2.) An enfranchisement award shall be chargeable with the like stamp duty as is chargeable in respect of an enfran- chisement deed. (3.) A certificate of charge under this Act and a transfer thereof shall be chargeable with like stamp duty as is charge- able in respect of a mortgage and a transfer of a mortgage respectively. COPYHOLD ACT, 1894. 297 59. The Board of Agriculture may require the payment ^^'J"^™*,"^ of all office fees and other expenses of the Board, from either lord or tenant requesting the delivery of any award, deed, or order under this Act, before delivering it. 60. — (i-) The Board of Agriculture may at any time if Power for ,, , . \ r^ , ,. 9 ^ ■' . ■' . . Board to cor- tney tnmk tit, on the application of any person interested m mt errors m an award or deed of enfranchisement or charge or other '""■ "'"'^ instrument made or issued or having effect under the pro- visions of this Act, correct or supply any error or omission arising from inadvertence in that instrument. (2.) Before making an alteration under this section the Board shall give such notice as they think proper to the persons affected by the alteration. (3.) An alteration shall not be made in an instrument relating to a voluntary enfranchisement without the consent in writing of the persons affected by the alteration. (4.) The expenses of and incidental to an application under this section shall be paid by the persons interested in the application or some of them if and as the Board direct; R1 — (i.) The confirmation under the seal of the Board of Execution of .T.f. ,^f. ,. ,, entranchise- Agriculture of an award 01 enfranchisement, and the execution ment instru- by the Board of a deed of enfranchisement respectively, shall conclusive oi be conclusive evidence of compliance with all the require- proceeding"' ments of this Act with respect to proceedings to be taken before the confirmation or execution. (2.) An award or deed of 'enfranchisement shall not be impeached by reason of any omission, mistake, or informality therein or in any proceeding relating thereto, or of any want of any notice or consent required by this Act, or of any defect or omission in any previous proceedings in the matter ■of the enfranchisement. 62. — (i-) Any person interested in any land enfranchised inspection of under this Act may at any time inspect and obtain copies of ent'ranchi^e-*'^ the court rolls of the manor of which the land was held on "'™*- payment of a reasonable sum for the inspection or copies. 298 APPENDIX. Evidence from instruments under repealed Acts. 4&5Vict. c. 35. Custody of court rolls after enfranchise- ment. (2.) The Board of Agriculture may, if they think fit, fix a scale of fees to be paid to the steward or person having custody of the court rolls for the inspection and for making extracts or copies. 53, — (i) Any person interested in any land included in any enfranchisement or commutation made by apportion- ment under the Copyhold Act, 1841, may inspect and obtain copies of or extracts from any instrument relating to the enfranchisement or commutation deposited with a clerk of the peace or steward of a manor under that Act. (2.) A person requiring under this section inspection of or a copy of or extract from any instrument shall give reasonable notice to the person having custody of the instru- ment, and shall pay to him for every inspection a fee of two- shillings and sixpence and for every copy and extract a fee at the rate of twopence for every seventy-two words in the copy or extract. (3.) Every recital or statement in, or agreement, schedule^ map, plan, document, or writing annexed to a confirmed apportionment made under the said Act shall be sufficient evidence of the matters recited or stated, and of the accuracy of the map or plan respectively. g4, — (i.) When all the lands held of a manor have been enfranchised, the lord, or with the consent of the lord any person having custody of the court rolls and records of the- manor, may hand over all or any of the court rolls and records to the Board of Agriculture or to the Master of the Rolls. (2.) Where any court rolls or other records are in the- custody of the Board of Agriculture, the Board may hand over all or any of them to the Master of the Rolls. (3.) Any person interested in any enfranchised land may inspect and obtain copies of and extracts from any court rolls or records in the custody of the Board, or of the Master of the Rolls, relating to the manor of which that land was held or was parcel, on payment of such reasonable fees as are fixed from time to time by the Beard or the Master of the Rolls respectively. COPYHOLD ACT, 1894. 299 (4.) The Master of the Rolls may undertake the custody of court rolls and records handed over to him under this section, and may make rules respecting the manner in which, and the time at which inspection may be made and copies and extracts may be obtained of and from the court rolls and records in his custody, and as to the amount and mode of payment of the fees for the inspection, copies, and extracts respectively. (5.) Every rule made under this section shall be laid, as soon as may be, before both Houses of Parliament. 65, — The Board of Agriculture shall frame and cause to be printed forms of notices and agreements and such other instruments as in their judgment will further the purposes of this Act, and shall supply any such form to any person who requires it, or to whom the Board think fit to send it, for the use of any lord or tenant desirous of putting this Act into execution. Board to frame and circulate forms. gg_ — (i.) The Board of Agriculture shall frame, and cause to be printed and published — (a) such a scale of compensation for the enfranchisement of land from the several rights and incidents, including heriots, specified or referred to in this Act, as in their judgment will be fair and just and will facilitate enfran- chisement, together with such directions for the lord, tenant, and valuers as the Board think necessary; and (b) a scale of allowance to valuers for their services in the execution of this Act. (2.) The Board may vary any such scale. (3.) The scales published by the Board under this section shall be for guidance only, and shall not be binding as a matter of law in any particular case. (4.) The person requiring an enfranchisement shall state to the other party to the enfranchisement whether he is or is not willing to adopt the scale of compensation published by the Board. Board to pub- lish a scale of compensation. 300 APPEXDIX. Legal Proceedings. Proceedings under Act not to be ciuaslied for want of form nor re- moved by certiorari. 67, An order or proceeding under this Act by, or before, or under the authority of the Board of Agriculture, or a con- viction under this Act, shall not be quashed for want of form, and shall not be removed by certiorari or otherwise into the High Court or any other court. PART VI. Application of Act to Special Manors. Proceedings for determining compensation in certain en- franchisements of Crown lands. 58, — (!•) Where a manor is vested in Her Majesty in right of the Crown or of the Duchy of Lancaster, either in posses- sion or in remainder expectant on an estate less than an estate of inheritance, and either solely or in coparcenary with the sub- ject, and the Commissioners of Woods or the Chancellor and Council of the Duchy of Lancaster in exercise of the powers vested in them enter into negotiations for the enfranchise- ment of any land held of the manor, and cannot agree with the tenant as to the amount of the consideration money to be paid by him for the enfranchisement to the Commissioners or to the Receiver-General of the Duchy of Lancaster, as the case may be, the Commissioners, or the Chancellor and Council, as the case may be, may, if they think fit, on the request of the tenant, and on an agreement for the enfran- chisement being entered into by them and the tenant respec- tively, refer it to the Board of Agriculture to appoint a surveyor to determine the said amount. (2.) The Board of Agriculture shall on a reference being made under this section appoint a practical land surveyor for the purposes of the reference, and his award shall be final. (3.) The expenses of and incidental to a reference under this section shall be treated as expenses on a compulsory enfranchisement at the instance of the tenant. COPYHOLD ACT, 1894. 301 RQ — (i.) Where a manor is vested in Her Majesty in right } oiuntaryen- wJi \ y J J f:> f ranch! senient of the Crown in remainder or reversion expectant on an uu'ler Act in ^ certani Crown estate of inheritance, the manor and any land held of the manors. manor may, with the consent in writing of the Commis- sioners of Woods or one of them, be dealt with under the provisions of this Act with respect to a voluntary enfran- chisement, subject to the provisions of this section. (2.) Where the consideration for an enfranchisement under this section is a gross sum it shall either be paid to two trustees to be appointed for the purpose, one by the Commissioners of Woods or one of them, and one by the person for the time being entitled to the rents and profits of the manor, or to be paid into Court to the account of ex parte Her Majesty the Queen and the person so entitled as aforesaid. (3.) Money paid to trustees or into Court under this section shall be applied, — (a) in the purchase or redemption of the land tax affect- ing the manor or any other land settled to the like uses as the manor ; or (b) in the purchase of land in fee simple convenient tO' be held with the manor ; or (c) in investment on Government or real securities or in any of the investments in which trustees are for the time being authorized by law to invest. (4.) The income of an investment under this section shall be paid to the person for the time being entitled to the rents. and profits of the manor. (5.) Where land is purchased with any consideration money under this section, or where the consideration con- sists of a rentcharge, the land orrentcharge shall be conveyed to the uses on the trusts and subject to the powers and pro- visions then affecting the manor or as near thereto as circumstances permit. 302 APPENDIX. (6.) On the payment of the consideration where it is a gross sum of money, or on or before the execution of the conveyance of the rentcharge, where the con- sideration is a rentcharge, the Commissioners of Woods or one of them may join with the person for the time being entitled to the rents and profits of the manor in executing a deed of enfranchisement. (7.) The deed shall state in what manner the enfranchise- ment money, if any, has been applied. (8.) The deed shall on the enrolment thereof being made in manner provided by this Act, vest in the tenant all the estate, right, and interest of Her Majesty in right of the Crown and of all other persons interested under the settle- ment of the manor in the land enfranchised, either absolutely or subject to the reservations, if any, contained in the deed. (9.) A trustee appointed under this section by the Com- missioners of Woods or one of them shall be indemnified by the Commissioners out of the rents and profits of the posses- sions and land revenues of the Crown from all costs and expenses, if any, which he incurs in the execution of the trust, and of which he does not obtain repayment out of the trust moneys. Enfranchise- TQ A manor vested in Her Majesty in right of the ment in manors „ . . j ... . , held in joint Crown m possession, remainder, or reversion, m joint thTorown.*'^ tenancy or coparcenary with a subject may, so far as regards the rights and interests of the subject and of the tenant, be dealt with under this Act, and the provisions of this Act relat- ing to enfranchisements in manors vested in Her Majesty in right of the Crown in remainder or reversion expectant on an estate of inheritance shall apply so far as regards the share or interest of Her Majesty. Enrolment of T\, — (i.) The Keeper of Land Revenue Records and inftan'chfsS °° Enrolments shall, for the purpose of preserving a record of ^^^nrl"^"'™ enfranchisements under this Act of land held of manors COPYHOLD ACT, 1894. 303 vested in Her Majesty, provide a book in which shall be entered a memorial of every deed of enfranchisement of any such land, and of every grant of a rentcharge on the enfranchisement, and of every conveyance of land pur- chased with the enfranchisement money. (2.) The memorial, where it is of a conveyance of land, shall be accompanied by a plan of the land. (3.) The memorial of any instrument under this section shall be signed by one of the parties to the instrument. (4.) An instrument of which a memorial is required to be enrolled under this section shall not take effect until there has been written thereon a certificate signed by the Keeper of Land Revenue Records and Enrolments, or by any person acting as his deputy or assistant, that a memorial thereof has been lodged at the office of Land Revenue Records and Enrolments. (5.) A certificate purporting to be signed by the Keeper of Land Revenue Records and Enrolments, or by any person acting as his deputy or assistant, shall be admissible .as evidence of the facts stated therein. (6.) A copy of the enrolment of the memorial purporting to be signed and certified to be a true copy by the Keeper of Land Revenue Records and Enrolments, or by any person acting as his deputy or assistant, shall be admissible as evidence of the deed or instrument or facts referred to in the memorial. (7.) The Treasury may direct what reasonable fees shall be paid in respect of an enrolment under this section, and fees paid for an enrolment shall be deemed to be expenses of the enfranchisement or purchase, as the case may be, in respect of which the enrolment is made. 304 APPENDIX. Con=;ent of ecclesiastical corporations. Ac required to dealings with manors in ■which they are interested. 72 -(I.) An not be valid — agreement for an enfranchisement shall (a) where the manor or land to be affected by the enfran- chisement is held under an ecclesiastical or other corporation ; or (b) where any such corporation or the patron of a living is interested in the manor or land to the extent of one-third of the value thereof ; or (c) where in the opinion of the Board of Agriculture any such corporation would be affected by the enfran- chisement, unless the agreement is made with the consent in writing of that corporation or person. (2.) A consent under this section must, in the case of a corporation aggregate, be under the seal of the corporation, and in other cases be signed by the person giving it, and must in every case be annexed to the agreement to which it relates. 73. Where land proposed to be enfranchised under the provisions of this Act with respect to compulsory enfran- chisement is held of a manor belonging either in possession or reversion to an ecclesiastical corporation, the Ecclesiasti- cal Commissioners shall have notice of the proceedings, and shall have the like power of expressing assent to or dissent from the proceedings as is provided by this Act with respect to a person entitled in reversion or remainder, and the provisions of this Act with respect to the notice, and the proceedings thereon, shall apply accordingly. Enfranchise- 74.~(i') -^^^y compensation or consideration money to ule'o"sD'?rituai be paid under this Act for the use of any spiritual person in paid^in'^Queen respect of his benefice or cure may at the option of the lord Anne's bounty. ^^ p^j^ ^^ Queen Anne's Bounty, and the receipt of the treasurer shall be a sufficient discharge. (2.) Money paid under this section shall be applied by the Bounty as money in their hands appropriated for the augmentation of the benefice or cure, as the case may be. Notice to Ecclesiastical Commissioners in certain cases. COPYHOLD ACT, 1894. 305 75, Where on an enfranchisement under this Act it appears to the Board of Agriculture that the enfranchise- Application of enfranchise- ment money where enfran- ment might have been effected under the Episcopal and chisement /-'■ix^ , o A 1- might have Capitular Estates Act, 1051, or any Act amendmg the been under 14 & 15 Vict. same — c 104. (a) the consideration for the enfranchisement shall be paid and applied in like manner as if an enfranchise- ment had been effected under the said Episcopal and Capitular Estates Act and the Acts amending the same ; and (b) the Church Estates Commissioners and Ecclesiasti- cal Commissioners respectively shall have the same powers over the consideration money and the interest thereon, and over any land, rentcharges, or securities acquired in respect of the enfranchisement, and over or against any ecclesiastical corporation interested therein respectively, as they would have had if the enfranchisement had been effected with the consent of the Church Estates Commissioners under the said Acts : Provided that where an ecclesiastical corporation or the Ecclesiastical Commissioners have only a reversionary interest in the manorial rights extinguished by the enfran- chisement, the consideration, if it is a gross sum, shall be paid into Court or to trustees, and applied under this Act accordingly until the time when the reversionary interest would if it were not extinguished have come into possession, and the consideration money and the investments thereof shall then be paid or transferred to the Church Estates Commissioners as persons absolutely entitled thereto. 76, — (i-) Where a corporation, or any person, lord of a Enfrauchise- manor held on a charitable trust within the provisions of mayhepatdto the Charitable Trusts Acts, 1853 to i8gi, is not authorised of charitable '^'* to make an absolute sale otherwise than under those Acts, oi°hajity.^ * or this Act, the compensation or consideration payable to X 306 APPENDIX. the lord for an enfranchisement or for the redemption or sale of a rentcharge under this Act may at the option of the lord be paid to the Official Trustees of Charitable Funds in trust for the charity. (2.) Any principal money paid to the Official Trustees under this section shall be applied by them under the order of the Charity Commissioners for the like purposes as if it had been paid into Court under this Act, and in the mean- time the money shall be invested, and the income of the investments applied, under the provisions of the said Charitable Trusts Acts with respect to charitable funds paid to the Official Trustees. Enfrancliise- ment money for use of corporation may be paid to trustee-3 16 & 17 Viofc, c. 137. 18 & 19 Vict. c, 124, 77. Any compensation or consideration money to be paid under this Act to the use of a corporation, lord of a manor other than a manor held for charitable purposes within the meaning of the Charitable Trusts Act, 1853, and the Charitable Trust Amendment Act, 1855, may at the option of the lord be paid to trustees appointed by the Board of Agriculture for the purposes of this Act. Provision for 7g_ Where any manor belonging to any of the Universi- lords of manors ties of Oxford, Cambridge, and Durham, or any college univers?t1es° therein, or to either of the colleges of St. Mary at Winches- andcoueges. ^^^^ ^^^^ Winchester, or King Henry the Sixth at Eton, is held by any person on a lease for a life or lives, or for a term of years granted by any such university or college, that university or college and lessee shall jointly constitute the lord of the manor within the meaning of this Act, and any rentcharge created under this Act on the enfranchisement of land held of that manor shall be in favour of, and the compensation for the enfranchisement may be paid to, the person who at the date of the enfranchisement is entitled in possession to the profits of the manor, his executors and administrators, but without prejudice to any question as to the further disposal of any money paid in respect of the rentcharge or other compensation respectively. Provided that on the determination of such lease as aforesaid any COPYHOLD ACT, 1894. 307 money so paid or any securities in which the same may have been invested shall be paid or applied as enfranchise- ment money is directed to be paid and applied by section ■one of the Universities and College Estates Act, 1858. clii' 21 & 22 Vict. 79 The foUowme; provisions shall apply to every manor provisions ',.',, ^ ° ^ . , . , ^ , , . , ■' . where deriva- m which the nnes are certain, and m which it is the practice tive interests for copyholders in fee to grant derivative interests to persons rolls, who are admitted as copyholders of the manor in respect of those interests : — (i.) In the application of this Act to any such manor the tenant shall be the person who is admitted or enrolled in respect of the inheritance, and that person is in this section called the tenant-in-fee. (2.) The enfranchisement of land to a tenant-in-fee shall enure for the benefit of every person having any customary estate or interest in the land at the date of the enfranchisement, and every such person shall become entitled to an estate or interest in the land corresponding with his customary estate or interest. 1(3.) All rentcharges payable in respect of the enfranchise- ment, and all sums of money payable by a tenant-in- fee for compensation or the expenses of enfranchise- ment, and the interest thereon, shall, if the parties do not otherwise agree, be borne and paid by the several persons for whose benefit the enfranchisement enures in proportion to their respective interests in the enfranchised land. (4.) If a dispute arises respecting the apportionment of any such charge or payment, the Board of Agricul- ture may, on the application of any person interested, after due inquiry make an order apportioning the same. 308 APPENDIX. (5-)- (a.) On the request of the lord, or of one-fourth in number of the copyholders for the time being on the court roll of the manor, and on such provision being made for expenses as the Board require, the Board may make a local inquiry for the purpose of ascertaining whether the copyholders of the manor desire that an enfranchisement be effected through- out the manor. (6.) |f the Board find that not less than two-thirds, in number of the copyholders desire the enfran- chisement, they shall make an order declaring that enfranchisement of all copyhold tenements of the manor shall take place, and they shall there- upon proceed to ascertain the compensation payable to the lord on the enfranchisement of each tenement held by a tenant-in-fee, and to effect the enfranchisement of that tenement accordingly. The compensation in every case shall consist of a gross sum of money, unless the lord and tenant- in-fee otherwise agree. {c.) When an order declaring enfranchisement as aforesaid has been made — (i.) all the tenants-in-fee shall contribute rate- ably to the expenses of the inquiry according- to the amount of compensation payable by them respectively ; (ii.) the tenant-in-fee and all copyholders holding derivative interests in the same tenement shall contribute rateably, according to the value of their respective interests, to the compensation, and to all expenses attend- ing the enfranchisement payable by the tenants, including the contribution of the; tenant-in-fee to the expenses of the inquiry ; COPYHOLD ACT, 1894. 309 (iii.) the Board may apportion the contributions between the several tenants-in-fee, and also between the several tenants of each tenement, and may make orders for the payment of the contributions and expenses by the persons from whom they are due ; (iv.) the Board shall not without the consent of the tenant-in-fee make an award for the enfranchisement of any tenement, until they have apportioned the contributions between the tenant-in-fee and the tenants holding deri- vative interests in the tenement, and have made orders for payment of, or have satisfied themselves that the tenant-in-fee has full security for, the amounts which the tenants of derivative interests are to contribute. (6.) Every order of apportionment made by the Board shall be binding on all persons interested in the apportionment, and the expenses of and incident to the apportionment shall be paid by those persons, or any of them, as the Board direct. 80.^(i-) The Board of Agriculture may by order under ^^^^""^""^"of their seal direct that a part of a manor specified in the order manor, shall be considered as a manor for the purpose of effecting an enfranchisement under this Act, and all the provisions of this Act shall apply accordingly. (2.) An order shall not be made under this section for the purposes of a voluntary enfranchisement without the consent of the lord in writing under his hand and seal. PART VII. General Law of Copyholds. 8"(_ — (i.) It shall not be lawful for the lord of any manor Restraint on to make grants of land not previously of copyhold tenure coifyiio°ds.°^^ to any person to hold by copy of court roll, or by any customary tenure, without the previous consent of the Board of Agriculture. 310 APPEXDIX. (2.) The Board of Agriculture in giving or withholding their consent to a grant under this section shall have regard to the same considerations as are to be taken into account by them in giving or withholding their consent to an inclosure of common lands. (3.) When a grant has been lawfully made under this section the land therein comprised shall cease to be of copy- hold tenure, and shall be vested in the grantee thereof to hold for the interest granted as in free and common socage. Power to hold flO — (i.) A customary court may be held for a manor — customary "^ ^ ' ■" ■' no"copyhoider (^) although there is no copyhold tenure of the manor ; present. ^^^ (b) although there is no copyhold tenant or only one copyhold tenant present at the court ; and (c) either by the lord or steward or deputy steward. (2.) A court held under the authority of this section shall be a good and sufficient customary court for all purposes : Provided as follows — (a) A proclamation made at the court shall not affect the right or interest of any person not present at the court unless notice of the proclamation is duly served on him within one month after the holding of the court ; and (b) This section shall not apply to a court held for the purpose of receiving the consent of the homage to a grant of common or waste land to hold by copy of court roll. Power to make 83, Where a lord may grant land to hold by copy of manor and°out court roll or by any customary tenure the grant may be °'™"'^*- made- (rt) out of the manor ; and (6) without holding a court ; and (c) either by the lord or steward or deputy steward : COPYHOLD ACT, 1894. 311 Provided that where by the custom of a manor the lord is authorised with the consent of the homage to grant any common or waste lands to hold by copy of court roll, this section shall not authorise the lord to make ttie grant without the consent of the homage assembled at a customary court. 84. — (i-) -^ valid admittance to land of copyhold or Manner ot customary tenure may be made— ™?;^;°^ ^'''"''- (a) out of the manor ; and (&) without holding a court ; and (c) without a presentment by the homage of the surren- der, instrument, or fact in pursuance of which the admittance is made ; and (d) either by the lord or steward or deputy steward. (2.) Any person entitled to admittance may be admitted by his attorney duly appointed whether orally or in writing. 85. — (i-) Every surrender and deed of surrender which Surrenders &c. ""■ ^ ' ■' out of Court to a lord is compellable to accept or accepts, and every will a be entered on copy of which is delivered to him either at a court at which there is not a homage assembled or out of court, and every grant or admittance made in pursuance of this Act, shall be entered on the court rolls. (2.) An entry made in pursuance of this section shall be as valid for all purposes as an entry made in pursuance of a presentment by the homage. (3.) The steward shall be entitled to the same fees and charges for an entry under this section as for an entry made in pursuance of a presentment by the homage. 86. — (i-) A lord may, notwithstanding any custom to the Po'"'^'' to contrary, grant a licence to a tenant to alienate his ancient ancient tene- . ments in por- tenement or any part thereof by devise, sale, exchange, or tions with , J -ii J. ii • 1 licence o£ lord, mortgage, and either together or m parcels. 312 APPENDIX. (2.) On the alienation under this section of a part of a tenement, or of a tenement in parcels, the lord may appor- tion the yearly customary rent payable for the whole tenement. (3.) A parcel alienated under this section shall be sub- ject to its apportioned part of the customary rent, and shall be held of the lord of the manor in all respects and be conveyed in like manner as the original tenement. (4.) A licence under this section must be in writing and must be entered on the court rolls. (5.) A steward may give a licence under this section if authorised in writing by the lord, but not otherwise. Partition'of 07 In an action for the partition of land of copyhold or copyholdi land. "■' , ,., ^ , , customary tenure the like order may be made as may be made with respect to land of freehold tenure. Descent of trust and mortgage estates in copy- holds. 88, Section thirty of the Conveyancing and Law of Property Act, 1881, shall not apply to land of copyhold or customary tenure vested in the tenant on the court rolls on trust or by way of mortgage. Eeceipt fot; consideration where under .500/. for enfran- chisement not under Act. 89. — (i-) Where an agreement for enfranchisement is made independently of this Act, and the consideration for the enfranchisement is a gross sum and does not exceed five hundred pounds, the lord may make a statutory declara- tion stating the particulars of his estate and interest in the manor. (2.) If the declaration shows that the lord is entitled to make the enfranchisement, and to receive the consideration money for his own use, an enfranchisement by the lord shall be valid, and the lord's receipt for the consideration money shall effectually discharge the person paying it from being bound to see to the application or being answerable for any loss or misapplication thereof. COPYHOLD ACT, 1894. 313 (3.) Where a lord receives as the consideration for an ■enfranchisement within this section any money to which he is not in fact entitled for his own use, he shall be deemed to have received the money as trustee for the persons who are entitled thereto. PART VIII. Authority for Execution of Act. 90 The Board of Agriculture shall in every year make Board of Agri- , ,,,° ,. ., ■' i . . . culture to, a general report ot tneir proceedings m the execution or this make annual Act, and the report shall be laid before both Houses of Parliament as soon as may be after it is made. 91. — (i.) The Board of Agriculture may delegate to any poJ^fj^,*'™ °^ •officer of the Board any of their powers under this Act Board, -except the power to confirm agreements or awards, or to frame forms, or to do any act required by this Act to be ■done under the seal of the Board. (2.) The powers so delegated shall be exercised under such regulations as the Board direct. (3.) The Board may recall or alter any power delegated under this section, and may, notwithstanding the delegation, act as if no delegation had been made. (4.) All acts done by an officer of the Board lawfully authorised in pursuance of this section shall be obeyed by all persons as if they proceeded from the Board, and the non-observance thereof shall be punishable in like manner. 92.— (I.) A member or officer of the Board of Agri- fo"'^^^;"/^",'^^^ culture and a valuer or umpire appointed under this Act, -^<^'- and their agents and servants respectively, may enter on any land proposed to be dealt with under this Act, and may make all necessary measurements, plans, and valuations of the land. (2.) A person before entering on land under this section must give reasonable notice of his intention to the occupier of the land. 314 APPENDIX. (3.) If a person does any injury in the execution of the powers of this section he shall make compensation therefor. 93, If any person obstructs or hinders a member or officer of the Board of Agriculture or a valuer or umpire acting under the powers of this Act, he shall be liable on summary conviction to a fine not exceeding five pounds. PART IX. Definitions, Savings, and Repeals. 94, In this Act unless the context otherwise requires — The expressions "admittance" and "enrolment" include every licence of any assurance, and every ceremony, act, and assent whereby the tenancy or holding of a tenant is perfected, and the expressions " admit " and " enrol " have corresponding mean- ings : The expression " ecclesiastical corporation " means an ecclesiastical corporation within the meaning of the Episcopal and Capitular Estates Act, 1851, and the Acts amending the same ; The expression "enfranchisement" includes the dis- charge of freehold lands from heriots and other manorial rights : The expression " heriot lieu of a heriot : includes a money payment in The expression " land " includes an undivided share in land : The expression " lord " means a lord of a manor whether seised for life or in tail or in fee simple and whether having power to sell the manor or not, or the person for the being filling the character of or acting as lord whether lawfully entitled or not, and includes all ecclesiastical lords seised in right of the church or otherwise, and lords farmers holding under them, and bodies corporate or collegiate : COPYHOLD ACT, 1894. 315 The expression " manor " includes a reputed manor : The expression " rent " includes reliefs and services (not being services at the lord's court), and every pay- ment or render in money, produce, kind, or labour due or payable in respect of any land held of or parcel of a manor : The expression "steward" includes a deputy steward and a clerk of a manor and any person for the time being filling the character of or acting as steward whether lawfully entitled or not : The expression " tenant " — (a) includes all persons holding by copy of court roll or as customary tenants or holding land subject to any manorial right or incident, and whether the land is held to them and their heirs or to two or more in succession or for life or lives or years, and whether the land is held of a manor or not ; and (b) includes a surrenderee by way of mortgage under a surrender entered on the court rolls in possession or in receipt of the rents and profits of the land ; and (c) where land is held in undivided shares means the person for the time being in receipt of at least two- thirds of the value of the rents and profits of the land. The expression " valuer " includes an umpire. 95. Nothing in this Act— ^wngf. (a) shall affect the custom of ga\'elkind in the county of Kent ; or (i) shall authorise a lord to enclose any common or waste land ; or (c) shall revive any right to fines or other manorial claims which are at any time barred by any statute of limitations ; or 316 APPENDIX. Savings as to compulsory enfranchise- ment. {d) shall interfere with any enfranchisement which may be made independently of this Act ; or («) shall interfere with the exercise of any powers con- tained in any other Act of Parliament ; or (/) shall, except as in this Act expressly provided, apply to manors or land vested in Her Majesty in right of the Crown or of the Duchy of Lancaster ; or (§■) shall extend to or prejudice the estate, right, title, privilege, or authority of Her Majesty in right of the Duchy of Cornwall, or the possessions thereof, or of the Duke of Cornwall for the time being ; or (h) shall extend to manors belonging either in possesion or reversion to any ecclesiastical corporation or to the Ecclesiastical Commissioners where the tenant has not a right of renewal. 96, The provisions of this Act with respect to a com- pulsory enfranchisement shall not apply — (a) to any copyhold land held for a life or lives or for years where the tenant has not a right of renewal ; nor (b) to manors in which Her Majesty has any estate or interest in possession, reversion, or remainder. Saving as to land registry. 25 & 26 Vict. c. 53. 38 & 39 Vict, c. 87. 97, Nothing in this Act shall affect any right acquired in pursuance of registration under the Land Registry Act, 1862, or the Land Transfer Act, 1875, except to such extent as may be recorded by registration in pursuance of those Acts. Application of Act to Crown. 98. — (i-) The provisions of this Act relating to — (a) the grant of easements to a lord of a manor for mining purposes ; (b) the holding of customary courts although a copyhold tenant is not present ; COPYHOLD ACT, 1894. 317 (c) the making of grants or admittances out of the manor and out of court ; (d) the making of admittances without a presentment by the homage ; (e) the entry of surrenders and wills on the court rolls; and (/) the partition of lands of copyhold or customary tenure, shall extend to manors and lands vested in Her Majesty in right of the Crown or of the Duchy of Lancaster. (2.) The said provision relating to the grant of ease- ments shall extend to an enfranchisement of land held of a manor vested in Her Majesty effected under the pro- visions of any existing Act of Parliament. gg_ This Act shall not extend to Scotland or Ireland. Extent oi Act. 100. The enactments described in the Third Schedule to Repeal this Act are hereby repealed to the extent appearing in the third column of the said schedule. Provided that all awards, deeds, orders, certificates, scales, instruments, charges, and rentcharges made, executed, granted, created, or having effect under any enactment repealed by this Act shall have effect as if this Act had not passed. 101, This Act may be cited as the Copyhold Act, 1894. siiort title. 318 APPEXDIX. SCHEDULES. FIRST SCHEDULE. FORMS. I. Declaration to be hade by Valuers and Umpires. I, A.B., declare that I will faithfully, to the best of my ability, value, hear and determine the matters referred to me under the Copyhold Act, 1894. A.B. Made and subscribed in the presence of this day of 189 . 2. Certificate of Charge. The Board of Agriculture hereby certify that the land mentioned in the schedule to this certificate is charged with the payment to A.B., his executors, administrators, or assigns, [or to the lord of the manor of for the time being] of the following series of periodical pay- ments ; that is to say, the sum of pounds payable on the day of , the further sum of pounds payable on the day of &c. [or with the principal sum of pounds with interest thereon after the rate of per cent, per annum, the principal to be repayable in manner following, that is to say [state the terms']'] ; and the Board further certify that after payment of the series of periodical payments above mentioned [or after payment of the principal money hereby charged and all arrears of interest due thereon] this certificate shall be void. In witness whereof the Board of Agriculture have hereunto set their official seal this day of 189 . The Schedule. E.F. G.H. COPYHOLD ACT, 1894. 319 3. Transfer of Certificate of Charge. sect. 41. I, A.B., of , hereby transfer the within certificate of charge to CD. of Dated this day of 189 . A.B. 4. Notice of Right to Enfranchise. sect. 43. Take notice that if you desire that the copyhold land -which you hold of this manor of shall become freehold you are entitled to enfranchise the same on paying the lord's compensation and the steward's fees. The lord's compensation may be fixed either by agreement between the lord and you, or by a valuer appointed by the lord and you, or through the agency of the Board of Agri- culture, to whom you may make application, if you think fit, to effect the enfranchisement. 5. Power of Attorney. Sect.48, Manor of , in the county of I, A.B., of , hereby appoint CD., of to be my lawful attorney to act for me in all respects as if I myself were present and acting in the execution of the Copy- hold Act, 1894. Dated day of 189 . (Signed) A.B. , SECOND SCHEDULE. Scale of Steward's Compensation. When the consideration for the enfranchisement- Does not exceed il. Exceeds il. but does not exceed 5Z. 5/- 10/. Q.0I. 2^1. sol- For every additional 50/. or fractional part of 50/., over and above the first 100^. - o 10 o The compensation to be exclusive of stamps and paper or parchment or map or plan, which are to be paid for by the tenant. Sect. 9. £ s. d. 5 15/. 10 10/. I "o 15/. 2 201. 3 25Z. 4 50/. - 6 100/. 7 320 APPENDIX. THIRD SCHEDULE. Sect. 100. Enactments Repealed. Session and Chapter. Short Title. Extent of Repeal. 4 & 5 Vict. c. 35. 6 & 7 Vict. c. 23. 7 & 8 Vict. c. 55. 15 & 16 Vict. c. 51. 21 & 22 Vict. c. 94. 23 & 24 Vict. c. 59. The Copyhold Act, 1841 The Copyhold Act, 1843 The Copyhold Act, 1844 The Copyhold Act, 1852 The Copyhold Act, 1858 The Universities and College Estates Act, Extension Act, i860. 50 & 51 Vict. c. 73. The Copyhold Act, 1887 The whole Act. The whole Act. The whole Act. The whole Act. The whole Act. Section four. The whole Act. FORM B^ COMPULSORY ENFRANCHISEMENT UNDER THE COPYHOLD ACT, 1894. (57 & 58 Vict. c. 46.) Minute of the Board of Agriculture and Fisheries as to proceedings on Compulsory Enfranchisements under the Copyhold Act, 1894. Lord or Tenant can compel Enfranchisement of Copyhold. 1. A lord or a tenant {see definitions in Section 94 of the Act) can compel enfranchisement of any copyhold land to which the tenant has been admitted, except where the tenant is a mortgagee not in possession, or where the land is held for a life or lives, or for years, and the tenant has not a right of renewal. But where the tenant has not been admitted since the 30th of June, 1853, he cannot avail himself of this power until after payment or tender of such fine, and of the value of such heriot (if any) as would become payable in the event of admittance on alienation subsequent to that day, and of two-thirds of such sum as the steward would have been entitled to in respect of the admittance. Lord or Tenant can compel Enfranchisement of any Manorial Incident. 2. Any lord or tenant of any land liable to any heriot, quit rent, free rent, or other manorial incident whatsoever, may require and compel the extinguishment of such rights or incidents affecting the land, and the release and enfran- chisement of the land subject thereto, and the proceedings thereon are the same as in the case of enfranchisement of copyhold land. If the land is freehold (including customary freehold) and subject to heriots and no heriot has become due or payable since the 30th of June, 1853, a tenant cannot Y 322 APPENDIX. avail himself of this power until after payment or tender of the value of such heriot (if any) as would become payable in the event of an admittance or enrolment on alienation subsequent to that day, and of two-thirds of such sum as the steward would have been entitled to for fees in respect of the alienation or admittance or enrolment. Fines, etc., to he paid before Enfranchisement. 3. A tenant is not entitled to require enfranchisement of any land until after payment or tender of all fines and fees consequent on the last admittance to the land. Notice of desire to Enfranchise. 4. A lord or tenant requiring enfranchisement or extin- guishment of manorial incidents must give notice in writing, the one to the other, of his desire to have the land enfranchised, and send a copy of the notice to the Board, with an endorsement thereon, stating when and upon whom the notice was served, and how served. Lord and Tenant may agree as to Compensation. 5. The lord and the tenant, after the notice requiring enfranchisement has been delivered, may agree in writing upon the compensation to be paid for enfranchisement. A form, showing the information to be furnished by the steward in such cases, may be obtained on application to the Board. A memorandum of agreement will be found at the foot of page 4 of the form. Determination of Compensation. 6. The lord and the tenant may, after the notice requiring enfranchisement has been delivered, agree in \vriting that the Board shall determine the compensation to be paid for enfranchisement, or they may appoint a valuer or valuers to determine such compensation. Forms of agreement or appointment applicable to such cases may be obtained on application to the Board. FORMS. 323 Appointment of Valuers. 7. If the compensation is not otherwise determined, it is to be ascertained under the direction of the Board ■on a valuation to be made by a valuer, valuers, or umpire' : — (a.) The lord and tenant may, in any case, jointly appoint one valuer. (b.) Appointment of Valuer by fustices. When the manorial rights to be compensated consist only ■of heriots, rents, and licences at fixed rates to demise or to fell timber or of any of these, or where the land to be enfran- chised is not rated for the relief of the poor at a greater amount than the net annual value of £^0, the valuation is to be made by a valuer to be appointed by the justices at petty sessions holden for the division or place in which the manor or the greater part of it is situate, unless either party to the enfranchisement gives notice that he desires the valuation to be made by a valuer or valuers appointed by the lord and tenant, in which case he must pay the additional expenses caused by that mode of valuation. Before either party applies to the justices to appoint a valuer, notice of the •application must be given to the other party, and a copy of the notice, as well as of any appointment by the justices, should be forwarded to the Board. (c.) Appointment of separate Valuers by Lord and Tenant. In all other cases the lord and the tenant each appoint a valuer. The person Avho has given notice of his desire to enfranchise should appoint a valuer in writing, and give notice thereof to the other party requiring him to appoint his valuer. A copy of the valuer's appointment and of the notice should be sent to the Board, with the time and mode of service of the notice endorsed thereon. When the notice of the appointment of valuer has been received, the party on 1 Note. — The valuers and umpire are not arbitrators, but are assessors and assistants to the Board, and the award is made by the Board under the authority given by the Act; se& The Queen V. Land Commissioners, 1(1889) 23 Q.B.D. 59; 58 L.J., Q.B. 313 ; 37 W.R. 538. 324 APPENDIX. whom it has been served must within 28 days appoint his ^'aluer, and send a copy of the appointment both to the opposite party and to the Board. (d.) Failure by Lord or Tenant to appoint a Vainer. In any case where, after due notice as aforesaid, either party does not appoint his valuer within 28 days or within such further time, if any, as the Board by order allow, the appointment devolves upon the Board, who, on being requested by either party, will appoint a valuer. Appointment of Umpire. 8. The valuers, within 14 days after their appointment, and before they proceed, must appoint an umpire, to whom the whole matter, or any point in dispute between them, may be referred. A copy of such appointment should be forwarded to the umpire and to the Board. If the valuers fail to appoint within 14 days, the appointment devolves upon the Board, who, oh being requested by the valuers, or one of them, will appoint an umpire. Death or removal of a Vainer or Umpire. g. When a valuer or umpire dies, or becomes incapable, or refuses to act, or is removed by the Board, another valuer or umpire may be appointed in his place, within a time to be fixed by the Board, by the person and in the manner pro- vided by the Act with regard to the valuer or umpire, in whose place he is appointed, and in default by the Board. A valuer or umpire so appointed may adopt and act upon any valuation or proceeding agreed on or completed by the valuer, valuers, or umpire previously acting. Declaration of Valuers or Umpire. 10. Before any valuer or umpire enters upon his valuation,, he must, in the presence of a justice of the peace, make and subscribe a declaration in the following form, which must be annexed to the Decision when forwarded to the Board : — " I declare that I will faithfully, to the best of my ability, value, hear, and determine the matters referred to me under the Copyhold Act, 1894. Made and subscribed in the presence of A.B. this day of 19 ." FORMS. 325 Instructions to he given to Valuers. 11. As the Decision of the valuer or valuers should be given within 42 days, the parties should, without delay, furnish to him or them, all such information as may be required and called for by him or them : and if either party neglect or refuse to do so, the valuer or valuers will proceed upon such information as he or they can otherwise obtain. Circumstances to he considered by Valuers. 12. The circumstances to be considered by valuers are mentioned in section 6 of the Act, which is as follows : — "(i.) In making a valuation for the purpose of " ascertaining the compensation for a compulsory enfran- " chisement under this Act, the valuers shall take into " account, and make due allowance for the facilities for "improvements, customs of the manor, fines, heriots, " reliefs, quit rents, chief rents, forfeitures, and all other "incidents whatsoever of copyhold or customary tenure, " and all other circumstances affecting or relating to the " land included in the enfranchisement, and all advan- " tages to arise therefrom, provided that they shall not " take into account or allow for the value of escheats. " (2.) The value of the matters to be taken into " account in the valuation shall be calculated as at the " date of the notice to enfranchise." Decision of Valuers or Umpire. 13. The valuers must determine the value of the matters to be taken into occount in the valuation at a gross sum of money.^ The valuers' Decision must be in such form as the Board direct, and be made within 42 days after their appointment or within such further time (if any) as the Board by order allow, and be forwarded to the Board with the details of the valuation separately given. A copy of the Decision must also be sent at the same time to the lord or steward and to the tenant or his attorney. If the valuers do not agree as to the compensation or any point arising in the valuation, they or either of them may refer the whole matter or the point in dispute to the umpire. If they do not give ^See Paragraph 3- as to scale of compensation. 326 APPENDIX. their Decision within the prescribed time and do not refer the matter to the umpire, the Board may direct the umpire to^ act as valuer. The umpire must give his Decision within 42 days after the reference to him, and forward it with details as above mentioned to the Board, and send copies of it to the lord or steward and to the tenant or his attorney. Extension of Time. 14. If any extension of the prescribed time for doing an act be desired, application should be made to the Board before the expiration of that time. Description of Land to be Enfranchised. 15. A Schedule containing the exact description under which the land is to be enfranchised should be annexed to every Decision. The court roll description by which the tenant was admitted or enrolled should be given in the schedule. If, however, the parties agree to a more modern description of the land in addition to the court roll description, the same should be signed by the steward of the manor and by the tenant or his attorney. Identity of Land. 16. [a.) Where the identity of the land cannot be ascer- tained to the satisfaction of the valuers, if the quantity of the land is mentioned in the court rolls of the manor, and is therein stated to be in statute measure, the land is to be taken to be of that quantity, and in every other case the quantity is to be determined by the valuers. [b.) Plans. Where the land is not defined by a plan on the court rolls, the valuers, if requested in writing by either lord or tenant, are to define it by a plan. Ordnance Survey maps, or a tracing therefrom, will generally be found most convenient for the purpose. They are published on the — i-- and 6-inch scales, and on larger scales in many instances for town properties. They can be obtained from Mr. Edward Stanford, 12, 13, and 14, Long Acre, London, W.C, who will afford full information respecting them. They can also be pur- chased from agents in most of the chief towns ; through FORMS. 327 many of the Head Post Offices; and directly, or through any bookseller, from the Ordnance Survey Office, Southampton. Except by agreement between the lord and tenant, a plan is not to be made where it appears by the court rolls or otherwise that the boundaries of the land have been for more than 50 years last past treated as being intermixed with the boundaries of other lands, and as being incapable of definition. Where valuers have been appointed, the lord or the tenant may, in any case of doubt or difference of opinion as to the identity of the land, apply to the Board to ascertain and define the boundaries thereof. Minerals and other Reserved Rights. 17. No enfranchisement will affect the estate or right of any lord or tenant in the minerals or any other rights mentioned in section 23 of the Act, without his express con- sent in writing. Therefore, when the tenant desires and the lord is willing to include and extinguish such rights of the lord, the lord's consent must be sent to the valuers before they enter upon their valuation, in order that they may include the rights in their Decision. A form of consent may be obtained from the Board, and the signed consent should be forwarded to them with the Decision. Board will prepare Award of Enfranchisement. 18. When the compensation has been ascertained under the provisions of the Act, the Board having made such inquiries as they think proper, and having considered any applications made to them by the parties, may make, in such form as they provide, an Award of enfranchisement on the basis of the compensation, and the Award will be prepared by th-em. Board may continue Conditions of User for benefit of Public or other Tenants. 19. The Board have power under section 13 of the Act by the Award of enfranchisement to continue and give effect to any condition affecting the user of the land subject to which the tenant may have been admitted and which may have been imposed for the benefit of the public or of the other tenants of the manor, where, in the opinion of the 328 APPENDIX. Board, some special hardship or injustice would result if the land were released from the condition. When compensation to be a Rentcharge. 20. (a.) Where the enfranchisement is at the instance of the lord, or where the land can, in the opinion of the Board, be sufficiently identified, and the compensation amounts to more than one year's improved value of the land, then, unless the parties otherwise agree, or the tenant exercises the option hereafter mentioned, the compensation must be an annual rentcharge of ^"4 per cent, per annum on the amount of the compensation, commencing from the date of the notice to enfranchise, and issuing out of the land enfranchised. The rentcharges are payable on the ist of January and the 1st of July in each year, but are redeemable by the person for the time being in actual possession or in receipt of the rents and profits of the land, on payment of 25 times the amount of the rentcharge. ih.) Compensation may he a gross sum at option of Tenant. The tenant has, however, the option of paying the com- pensation in a gross sum of money, but he must within 10 days after the receipt by him of the draft Award give notice in writing to the Board of his desire so to pay. Compensation to be paid prior to the confirmation of Award. 21. When the compensation for enfranchisement is a gross sum of money, the receipt of the person entitled to receive the same must be produced to the Board before the Award of enfranchisement can be confirmed. Questions of law or fact. 22. If any questions of law or fact arise in the course of the valuation or on any compulsory enfranchisement they may be referred to the Board. Proceedings not to abate in case of death of Lord or Tenant. 23. If pending any proceedings the lord or tenant dies, there is no abatement of the proceedings, and any admittance or enrolment consequent on such death must be made with- out the payment of any fine, relief, or heriot, and the com- pensation must be ascertained as if the enfranchisement had been effected immediately after the commencement of the proceedings. FORMS. 329 Who may act for Lord. 24. Any lord may act either on his own behalf, or by his steward, 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 Board respectively that he intends to act on his own behalf, or that he has appointed an agent (to be named in the notice) other than his steward to act for him, the steward, for the purposes of the Act, represents the lord in all matters of procedure, and the tenant and the Board may treat the steward as the agent of the lord for the purpose of giving and receiving notices, making agreements, and all other matters relating to enfranchisement ; except that a steward, without special authority, has no power to consent on behalf of the lord to the rights comprised in section 23 of the Act being affected by the enfranchisement. When Lords ov Tenants are Trustees. 25. When either the lords or the tenants are trustees, and one or more of the trustees is abroad or is incapable or refuses to act, any proceedings necessary to be done by the trustees for effecting an enfranchisement under the Act may be done by the other trustee or trustees. Married Women. 26. A married woman, being a lady of a manor or tenant is, for the purpose of the Act, to be deemed a feme sole. Persons under disability or beyond the Seas. 27. When a lord or tenant or any person interested in an enfranchisement or otherwise under the Act is an infant or a lunatic, or is abroad, or is unknown, or not ascertained anything by the Act required or authorised to be done by or in respect of him is to be done on his behalf, if he has an infant and has a guardian, by his guardian, and if he is a lunatic and there is a committee of his estate, by the com- mittee, and if he is abroad and has an attorney authorised in that behalf, by his attorney, and in every other case by some fit person appointed by the Board to represent him for the purposes of the Act. 330 APPENDIX. Appointment of Agent hy power of attorney. 28. An agent or attorney may be appointed by power of attorney by a lord or a tenant, or other person interested in any proceedings under the Act, in the following form : — " Manor of in the County of I, A.B., of, &c., hereby appoint CD., of, &c., to be my lawful attorney to act for me in all respects as if I myself were present and acting in the execution of the Copyhold Act, 1894. Dated the day of nineteen hundred and (Signed) A.B." The power of attorney must be in writing, and be signed by the person giving it, or, if it is given by a corporation aggregate, be sealed ar|d stamped with the seal of the cor- poration. The power of attorney, or a copy authenticated by two witnesses, must be sent to the Board. Notices, Agreements, and Appointments to he duly signed. 29. Notices, agreements, and appointments of ^•aluers by the lord may be signed by him, or his agent, or by the steward, and if given, or made, by the tenant, may be signed by him, or by an agent duly authorised by power of attorney to act on his behalf. Service of Notices. 30. A notice required or authorised by the Act to be given to any person must be given in writing, and may be served personally or by leaving it at the usual or last known place of abode or business in the United Kingdom, or by sending it by post in a registered letter addressed to him at that place, or where he is a tenant of any premises by deli\'er- ing the same, or a true copy of it, to some person on the premises, or if there is no person on the premises to whom it can be delivered, by fixing it on some conspicuous part of the premises. FORMS. 331 Copies of Notice, S'c, to be sent to the Board. 31. Copies of all notices and appointments should be sent to the Board as soon as they are given or made. Scales of Compensation and allowance to Valuers. 32. A scale of compensation for enfranchisement and a scale of allowance to valuers, framed pursuant to section 66 of the Act, for guidance, may be obtained on application to the Board. The person requiring an enfranchisement should state to the other party to the enfranchisement whether he is or is not willing to adopt the scale of compensation. The scale of compensation will probably facilitate the settlement by agreement of sum to be paid, especially in fine certain cases, in which the compensation is usually of small amount. Steward's Compensation. 33. The compensation to be paid by a tenant to the steward in every case of -compulsory enfranchisement is fixed by section 9 of the Act. Exemption from Stamp Duty. 34. Agreements, decisions of valuers, and powers of attorney under the Act are not chargeable with stamp duty. Expenses. 35. In cases of any question as to the amount of the expenses relating to an enfranchisement the matter may be referred to the Board. Forms. 36. The under-mentioned forms may be obtained by application to the Board, or if a number be required, to Messrs. Shaw & Sons, Fetter Lane, London, E.G. Notice from lord or tenant, of desire for enfranchise- ment. Notice from lord or tenant, of desire for extinguish- ment of manoral incidents, and enfranchisement. Information to be furnished to the Board in every case of enfranchisement under the Copyhold Act, 1894, with agreement as to compensation between lord and tenant, when they agree. 332 APPENDIX. Agreement between lord and tenant that the Board shall determine the compensation for enfranchisement. Joint appointment of one valuer by lord and tenant. Appointment of valuer by lord or tenant. Notice of appointment of valuer from lord or tenant and calling on the other to appoint his valuer. Appointment of umpire by valuers. Consent of lord to include reserved rights. Decision of valuer or valuers. Decision of umpire. Declaration as to lord's title. Receipt for compensation money. T. H. ELLIOTT, Secretary. Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W., July, 1909. FORMS. 333 FORM B -I- COPYHOLD ENFRANCHISEMENT. Scale of Compensation in ordinary cases of Enfranchise- ment of Copyholds of Inheritance, framed pursuant to section 66 of the Copyhold Act, 1894. 1. In fine arbitrary cases when a fine is payable on Fines arW- alienation by, as well as on the death of, a tenant, the com- '''''^''''• pensation for fines should not exceed the number of years' annual value of the property according to the age of the tenant as set forth in the table hereto annexed. 2. The table is calculated on the principle that a fine of two years' annual value is payable on each change of tenancy ; therefore, in those manors in which the customary ■fine on alienation by, or on the death of, a tenant, is less than two years' annual value, a proportionate reduction should be made in the amount of the compensation. 3. In estimating the annual value of the property, no deduction should be made for land tax, but the quitrent should be deducted, and, where there are buildings, allow- ance should be made for keeping the buildings in repair. The gross annual value of the land for the poor rate assess- ment may be used, when applicable, as the basis for ascer- taining the annual value. 4. When there are facilities for improvement or the land has present or prospective building value, one twenty-fifth part of the fee simple value may be taken as the annual value. 5. In fine certain cases when a fine is payable on aliena- tion by, as Well as on the death of, a tenant, the compensa- tion for fines may be calculated by multiplying the amount of the fine by one half of the number of years' purchase given in the table according to the age of the tenant. 6. The amount of compensation for a relief may be calculated in like manner as a fine certain. Fines certain. Eeliels. 334 APPEXDIX. Heriots. When fine payable only on one of the events of alienation or death. When fine payable on death of lord. Quitrents and other annual payments. Timber. 7. The compensation for a heriot payable on alienation by, as well as on the death of, a tenant, may be calculated by multiplying the value of the heriot by one half of the number of years' purchase given in the table according to the age of the tenant. 8. The value of a heriot may generally be ascertained from the average value of the last three heriots taken or paid in respect of the property to be enfranchised. If that information cannot be obtained, or will not apply, the following circumstances should be taken into consideration in fixing the value of a heriot : namely, the nature of the heriot, the character and value of the property, the condition in life of the tenant, and also whether the heriot can be seized as well without as within the manor. 9. The table being calculated on the assumption that fines and heriots are payable both on alienation inter vivos by a tenant and on hig death, when a fine, whether arbitrary or certain, or a heriot, is payable only on one of those events, then only one half of the compensation calculated as previously directed should be given. 10. In manors in which fines or heriots are payable on the death of the lord, as well as on alienation by, or on the death of, a tenant, the compensation on enfranchisement should be increased according to the nature and amount of the customary fine or heriot payable in the manor on the death of the lord. 11. The compensation for quitrents, freerents, and other annual rents, services, or payment, should be calculated at 25 years' purchase. 12. Compensation for timber should be ascertained as follows : When by the custom of the manor the lord can enter upon the land, cut and carry away the timber without the consent of the tenant, its whole value, after making a sufficient allowance for repairs, should be given to the lord. But if the lord cannot enter and cut without the consent of the tenant, one half only of its value, after making a suffi- cient allowance for repairs, should be given. If, however, there be any special custom in the manor relating to timber, such custom should be regarded. FORMS. 335 13. The compensation for forfeitures and all other Forfeiture, &c. incidents of copyhold tenure not hereinbefore provided for, should not exceed 20 per cent, of the annual value of the property. The annual value may be ascertained as in para- graphs 3 and 4. 14. The right of escheat being reserved to the lord under Escheat, the Copyhold Act, 1894, its value is not to be taken into consideration. 15. If there be any special customs of the manor, or Special special circumstances affecting or relating to the land to be circumstances, enfranchised, or special advantages to arise from the enfran- chisement, they should be taken into consideration, and due allowance should be made in respect of them. 16. Interest should be made payable by the agreement interest. or decision on the amount of the compensation at the rate of four pounds per cent, per annum from the date of the notice requiring the enfranchisement to the date of payment of the compensation, unless the compensation is paid by way of an annual rentcharge under the Act. 17. The foregoing scale is for guidance only, and is not binding as a matter of law in any particular case ; but the party requiring enfranchisement should, in accordance with the Act, state to the other party whether or no he is Vi^illing to adopt the scale. T. H. ELLIOTT, Secretary. Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W. 336 APPENDIX. Table referred to in the foregoing Scale of Compensation for Enfranchiseiuent. Age of Tenant. Number of Years' Purchase. Ase of Tenant. Number of Years' Purchase. AtJe of Tenant. Number of Years' Purchase. 5 1 or under j 2.29 37 38 3.26 3'29 70 71 4-50 4-54 6 2.32 39 3-33 72 4-57 7 2-34 40 3-36 73 4.60 8 2-37 41 340 74 4-63 9 2.40 42 3-43 75 4.67 lO 2-43 43 346 76 4.70 II 2.46 44 3-50 77 4-73 12 2.49 45 3-53 78 4.76 13 2.52 46 3-57 79 4.78 14 2-55 47 3.60 80 4.81 15 2.58 48 3-64 81 4.83 16 2.61 49 3.67 82 4-85 17 2.63 50 3-71 83 4.88 18 2.66 51 3-75 84 4.90 19 2.69 52 3.78 85 4.92 20 2-73 53 3.82 85 4-94 21 2.76 54 3.86 87 4-95 22 2.79 55 3'90 83 4-97 23 2.82 56 3-93 89 4.99 24 2.85 57 3-97 90 5.00 25 2.88 58 4.01 91 5.02 26 2.91 59 4.06 92 5-03 27 2.94 60 4.10 93 5'05 28 2.97 61 4.14 94 5.06 29 3.00 62 4.18 95 5.08 30 3-04 63 4.23 95 5.10 31 3-07 64 4.27 97 5-12 32 3.10 65 4.31 98 5-13 33 3-13 66 4-35 99 5-15 34 3.16 67 4-39 100 1 5.16 35 36 3.20 3-23 68 69 443 447 or >• upwards ) In constructing this Table a fine arbitrary on admission has been taken as equivalent to two years' annual value, and whilst the average fine interval has been assumed to be 14 years, regard has been had to the age of the tenant on the rolls. FORMS. \}7 FORM Bi BOARD OF AGRICULTURE AND FISHERIES. Enfmnchisement under the Copyhold Act, 7894. Scale of Allowances to Valuers for their services in the execution of the Copyhold Act, 1894, framed in pursuance of section 66 of the Act. Where the annual value of the property enfranchised does not exceed loZ. Exceeds 10/. and does not exceed 25?. 25/. „ 50/. 50/. 75'- 100/. 125/. 150/. 75/- lool. 125/. 150/. 200/. For every additional 50/. or fractional part of 50 Allowance. £ s. d. 2 10 3 4 5 6 7 8 9 I In addition to the above, an allowance is approved in respect of so much of the compensation as is not payable for fines, or based on annual value, of 5 per cent, upon the amount of such compensation up to 50/., and 2^ per cent, upon the amount of such compensation, if any, in excess of 50/. This scale does not include travelling and other ex- penses out of pocket, and is applicable only to cases of an ordinary character. 338 APPENDIX. Charges for tracings, or plans, when plans are necessary, will be allowed, but Ordnance Survey Maps should be used whenever practicable. When a case is referred to an umpire an additional allowance to the valuers is approved of from 7.1. upwards, regard being had to the time occupied for attendance before the umpire. This scale is for guidance only. By order of the Board, T. H. ELLIOTT, Secretary. Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W. December, 1905. FORMS. 339 FORM Bi BOARD OF AGRICULTURE AND FISHERIES. Fees to be taken in respect of Transactions under the Copyliold Act, 1894, in accordance with the provisions of the Inclosure, &c. Expenses Act, 1868 (31 & 32 Vict. c. 8q). On Enfranchisements — Wliere the enfranchisement consideration money does not exceed the sum of i^ Exceeding iZ. and not exceeding 5/. £ s. d. 5^- lol. 15I. 20L 2SI. 5oZ. 75i- lool. i2sL 150/. 175^- 200^. 250/. 300/. 350/. 400/. 450/. 500^. 550/- lol. 15^- 20I. 25L 50L 75^- 100/. 125/. 150/. 175^- 200/. 250^. 300/. 350^- 400/. 450^. 500^. 55°^- 600^. For every additional 100/. or part of 100/. Where the enfranchisement consideration is a Rent charge, the fee will be computed on the value of the Rent charge calculated at 25 years' purchase. 5 10 1 I 10 2 2 10 3 3 10 4 4 10 5 5 10 6 6 10 7 7 10 8 8 10 9 9 10 10 340 APPENDIX. Fees — continued. £ s. d. \\'here the enfranchisement consideration is land, the fee will be computed on the fee simple value of the land. Where the enfranchisement terms are fixed by the Board on agreed data, at the request of the parties, a fee of ... ... ... ... i o o On every Certificate of charge on property enfranchised, a fee of ... ... ... ... o lo o On every Certificate fixing the sum of money in consideration of which a Rent charge may be redeemed, a fee of ... ... ... ... o lo o On every consent by the Board to the application of enfranchisement money (or the Stock in which it may have been invested) to the purchase of land. For every 50/. or part of 50/. expended ... ... ... ... ... o 2 6 On every decision by the Board or an Officer of the Board, a fee of ... ... ... ... 2 o o On every Award defining the boundaries of lands for the purpose of enfranchisement, a fee of ... ... ... ... ... ...500 On the Amendment of any Award, or Deed of Enfranchisement or other Instrument con- firmed under the Copyhold Acts, a fee of ...200 T. H. ELLIOTT, Secretary. Board of Agriculture and Fisheries, 3, St. James's Square, London, S.\\'. FORMS. 341 FORM B|. BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1 S94. Notice from Lord or Tenant of desire for Enfranchiseinent of Copyholds. Manor of , in the County of I, , of , in the Parish of , in the County of , do hereby, pursuant to the provisions of the Copyhold Act, 1894, give you Notice of my desire that the lands, copyhold of the above manor, to which [I was or you were] admitted on or about the day of ,1 , shall be enfranchised under the said Act. Dated this day of , 19 . [Signature, stating whether Lord or Tenant.'] To of a Tenant of the Manor, or Lord or Steward of the Manor. Note. — A copy of this Notice should be forwarded to " The Secretary, Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W.," with an endorsement stating when and how the original Notice was served. 342 APPENDIX. FORM B|. BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1894. Notice from Lord or Tenant of desire for extinguishment of Manorial Incidents affecting Freeholds or Customary Freeholds. Manor of , in the County of 1, , of , in the Parish of , in the County of , do hereby, pursuant to the provisions of the Copyhold Act, 1894, give you Notice of my desire that the [heriot, quit rents, or free rents, as the case may be] or other manorial incidents to which the lands, freehold or customary freehold of the above manor, shortly described in the Schedule endorsed hereon, are liable, shall be extinguished, and the said lands be released therefrom, and enfranchised under, the said Act. Dated this day of , ig . [Signature, stating whether Lord or Tenant.] To of Tenant of the said lands, or Lord or Steward of the Manor. THE SCHEDULE. Note — A copy of this Notice should be forwarded to " The Secretary, Board of Agriculture and Fisheries, 3, St, James's Square, London, S.W.," with an endorsement stating when and how the original Notice was served. FORMS. 343 FORM B-^ BOARD OF AGRICULTURE AND FISHERIES. Enfranchisement under the Copyhold Act, 1894. Manor of Parish of County of Name of Tenant Part I. — Information to be furnished to the Board of Agriculture and Fisheries in every Enfranchisement. 1. The lands to be enfranchised should be described in the schedule on page 4 hereof. 2. Name (in full) and address of the lord. 3. Is the lord seised in fee simple, fee tail, for life, or how other- wise ; and if he is not seised in fee .simple, who is entitled to the next estate of inheritance in remainder or reversion in the How is the compensation money proposed to be paid ? To the lord ? To trustees acting under the will or settlement under which the lord derives his estate or interest in the manor? If so, give names, addresses and descriptions. To trustees to be nominated by the Board of Agriculture and Fisheries if there be no trustees acting under the will or settlement, or if the lords be a corporation ? 344 APPENDIX. Part I. — continued. 4. How is the compensation money proposed to be paid ? — continued. Into the High Court ex parte the Board of Agriculture and Fislieries ? To tlie account of the Board of Agriculture and Fisheries, ex parte Universities and College Estates ? (See the Universities and College Estates Act, 1898, s, 6-) To the Church Estates Com- missioners ? To the Governors of Queen Anne's Bounty ? To the Official Trustees of Charitable Funds ? 5- Is the manor incumbered ? If so, state the nature of the incum- brance or incumbrances, and the names and addresses of the person or persons entitled there- to. 6- Name (in full) and address and profession or calling of the tenant. 7. Date of admittance or enrolment of the tenant, and estate for which he \\ as admitted (whether for his life or in fee or other- wise, and \vhether to the entirety or to an undivided share). 8. Has notice of compulsory en- franchisement been given under the Copyhold Act, 1894 ? g. Is the property copyhold or free- hold of the manor ? 10. If copyhold, is it of inheritance Dr for lives ? or for lives ? FORMS. 345 Part I. — continued. 11. If for lives: (a) the names and ages of the hves ; and (6) has the tenant a right of renewal ? 12- The amount of compensation for the enfranchisement, if it has been settled by agreement. Part II. — Additional Information required in Enfranchise- ments in which the compensation is not settled by agreement. 13. Age cf the tenant. H. (a) Is the property subject to any and what fines certain or fines arbitrary or reliefs ? (b) If the fines are arbitrary, is there, by the custom of the manor, any and what difference between the amounts of the fines on death and on alienation respectively ? 15. The amount of the last fine or relief, and whether paid in consequence of death or of alienation. 16. To what quit or free rents is the property subject ? 17. Is the property subject to heriots ? If so, state the nature and number of the heriots, the circumstances in which they are payable, and whether seizable as well without as within the manor, and the nature and value of the last three heriots taken. 18. Does the ordinary law of copy- holds apply with respect to the timber and minerals, or is there any and what special custom of the manor with respect thereto ? 346 APPENDIX. Part II. — continued. 19. Has the tenant power to demise the property? If so, for what period ? 20- Has the lord granted licenses to demise in the manor ? If so, on wliat terms? 21. (a) Does the lord claim any of the rights mentioned in s. 23 of the Copyhold Act, 1894 ? (b) If so, is it proposed to extinguish these rights ? 22. Has the land present or pros- pective building value, or any other facilities for improve- ments ? 23. Are there any special advantages to arise from the enfranchise- ment which should be taken into account in ascertaining the compensation ? Dated this day of , 19 Steward of the Manor. Address. Schedule of the lands to be enfranchised.' 1 Note. — The court roll description by wliich the tenant was admitted or enrolled to be given in the Schedule: and in addition the modern description of the parcels, if such a description be agreed upon and is desired to be inserted in the Award or Deed of Enfranchisegient. FORMS. 347 To he signed by Lord or Steward'- and Tenant, when the compensation is settled by agreement. We do hereby agree that the compensation for the en- franchisement of the lands above mentioned, [including or not including] the rights reserved by the Copyhold Act, 1894, Section 23, shall be [a gross sum of £ or an annual rent charge £ ] (together with interest on such sum at the rate of four pounds per cent, per annum from the date of the notice requiring the above enfranchisement to the date of payment of the compensation, unless the compensation is paid by way of an annual rent-charge).'^ Dated this day of , 19 . Lord or Stenmrd. Tenant. 1 Steward may not without special authority include reserved rights. 2 The words in parentheses will be struck out if no notice of compulsory enfran- chisement has been given, or if the agreed compensation is a rent-charge. 348 AFPEXDIX. FORM Bi- BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement undey the Copyhold Act, 1894. Agreement between Lord and Tenant that the Board of Agriculture and Fisheries shall determine the com- pensation for Enfranchisement. Manor of , in the County of Enfranchisement. We and , do hereby agree that the compensation for the enfranchise- ment of the lands comprised in the Notice of desire for enfranchisement given by the said dated on or about the day of , 19 , [including or not including] the rights reserved by the Copy- hold Act, 1894, Section 23, shall be determined by the Board of Agriculture and Fisheries pursuant to Section 5 of the said Act. Dated this day of , ig . Lord or Steuard.'- Tenant. 1 Steward may sif^n for lord if reserved rights be not included ; but if they are included, he cannot do so without special authority. FORMS. 349 FORM B|. BOARD OF AGRICULTURE AND FISHERIES.. Compulsory Enfranchisement under the Copyhold Act, 1894. Joint Appointment of one Valuer by Lord and Tenant. Manor of , in the County of Enfranchisement. We, , of , in the County of , and , of , in the County of , do, in pur- suance of the provisions of the Copyhold Act, 1894, hereby appoint , of , in the County of , to be the Valuer, for the purpose of determining the compensation for the enfranchise- ment of the lands comprised in the Notice of desire for enfranchisement given by the said , and dated on or about the day of ,19 Dated this day of , 19 • Lord of the above Manor. Tenant. Note. — A copy of this Appointment sliould be sent to "Tlie Secretary, Board of Agriculture and Fislieries, 3, St. James's Square, London, S.W." 350 APPENDIX. FORM B'o. BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfyanchisement under the 'Copyhold Act, 1894. Appointment of Valuer by Lord or Tenant. Manor of , in the County of Enfranchisement. I, , of , in the County of , do, in pursuance of the provisions of the Copyhold Act, 1894, hereby appoint , •of , my Valuer, for the purpose of determining the compensation for the enfranchisement of the lands comprised in the Notice of desire for enfranchisement given by , and dated on or about the day of , ig . Dated this day of , 19 . [Signature , stating whether Lord or Tenant.} Note. — A copy of this Appointment sliould be sent to "The Secretary, Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W.',' FORMS. 351 FORM B^. BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1894. Notice of Appointment of Valuer of Lord or Tenant, and calling on the other to appoint his Valuer. Manor of , in the County of Enfranchisement. I, , of , in the County of , hereby give you Notice that I have, in pursuance of the provisions of the Copyhold Act, 1894, appointed , of , my Valuer, for the purpose of determining the compensation for the enfran- chisement of the lands comprised in the Notice of desire for enfranchisement given by , and dated on or about the day of , ig ; and I hereby call on you to appoint your Valuer within twenty-eight days from the giving of this Notice. Dated this day of , 19 . [Signature, stating whether Lord or Tenant.'] To of Tenant or Lord or Steward of the Manor. '52 APPEXDIX. FORM Bi?. B BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1894. Appointment of Umpire by Valuers. Manor of , in the County of Enfranchisement. We, the undersigned, being tlie Valuers duly appointed in the matter of this enfranchisement hereby appoint , of , our Umpire. Dated this day of , 19 . Note. — A copy of this Appointment should be sent to " The Secretary. Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W." If the Valuers are unable to agree upon an Umpire within 14 days of their appointment, application may be made to the Board to appoint an Umpire for them. FORMS. 353 FORM Bif. Compulsory Enfranchisement under the Copyhold Act, 1 894. Consent of Lord to include Reserved Rights. Manor of . in the County of Enfranchisement. I, ,of the lord of the above manor, do hereby Consent that the enfranchisement under the Copyhold Act, 1894, of the lands comprised in the Notice of desire for enfranchisement given by , and dated on or about the day of , shall extend to and include all mines and minerals and also all other rights and easements reserved by Section 23 of the said Act. Dated this day of , 19 . Note.— The steward cannot sign this Consent for the lord without special authority. AA 354 APPENDIX. FORM Bf. BOARD OF AGRICULTURE AND FISHERIES. Enfranchisement under the Copyhold Act, 1894. Decision of Valuer or Valuers. Manor of , in the County of Enfranchisement. In the matter of the above enfranchisement under the Copyhold Act, 1894, ^ ["'' We] [insert name and address of Valuer or Valuers], of , in the County of and , of , in the County of , having been duly appointed to determine the compensation to be paid for the enfranchise- ment of the lands in the Schedule hereunder written and comprised in the Notice of desire for enfranchisement given by , dated on or about the day of , ig , do hereby, in pursuance of the Copyhold Act, 1894, determine and decide as follows ; that is to say — I [or We"] determine and decide that the compensation to be paid for the enfranchisement of the said lands under the said Act is the sum' of together with interest on such sum at the rate of four pounds per cent, per annum from the date of the Notice 1 The compensation determined is to be a gross sum of money. FORMS. 355 requiring the enfranchisement to the date of payment of the compensation, unless the compensation is paid by way of an annual rentcharge under the said Act, being the value of all the manorial rights and incidents of tenure affecting the said lands [Heye insert excepting or including] the rights reserved by Section 23 of the said Act [Here insert and or but] except- ing the value of the right of escheat for want of heirs reserved by Section 21 of the said Act. Witness [my hand or our hands] this day of , One thousand nine hundred and [Signature of Valuer or Valuers.'] The Schedule hereinbefore referred to. The court roll description by wliich the tenant was admitted or enrolled should be given in the Schedule, and, in addition, the modern description of the parcels, if such a description be agreed upon. The Schedule, as well as the Decision, should be signed by the valuer or valuers. The Declaration of each valuer should be annexed, and also the Consent of the lord when the rights reserved by the Copyhold Act, 1894, Section 23, are included. The Decision should be forwarded to " The Secretary, Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W.," and a copy should be sent to the steward, and to the tenant or his solicitor, and the Board should be informed that this has been done when the Decision is sent in. 336 APPENDIX. FORM B'l BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 7894. Decision of Umpire. Manor of , in the County of Enfranchisement. ^^'HEREAS in the matter of the above enfranchisement under the Copyhold Act, 1894, the \'aluers duly appointed have failed to make their Decision: And Whereas I, , of , in the County of , have been duly appointed the Umpire in the said matter, which has been duly referred to me : Now therefore, in pursuance of the Copyhold Act, 1894, I do hereby determine and decide that the compensation to be paid for the enfranchisement under the said Act, of the lands in the Schedule hereunder written and comprised in the Notice of desire for enfranchisement given by , dated on or about the day of , 19 , is the sum ' of , together with interest on such sum at the rate of four pounds per cent, per annum from the date of Notice requiring the enfranchise- ment to the date of payment of the compensation, unless the compensation is paid by way of an annual rentcharge under ^ The coni[>ensation determined is to be a &'ross sum of money. FORMS. 357 the said Act, being the value of all the manorial rights and incidents of tenure affecting the said lands [excepting or including] the rights reserved by Section 23 of the said Act [and or but], excepting the value of the right of escheat for want of heirs reserved by Section 21 of the said Act. Witness my hand this day of , One' thousand nine hundred and [Signaiuve.'] The Schedule hereinbefore referred to. The court roll description by which the tenant was admitted or enrolled should be given in the Schedule, and, in addition, the modern description of the parcels, if such a description be agreed upon. The Schedule, as well as the Decision, should be signed by the umpire. The Declaration of the umpire must be annexed, and also the Consent of the lord when the rights reserved by the Copyhold Act, 1894, Section 23, are included. The Decision should be forwarded to "The Secretary, Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W., ' and a copy should be sent to the steward, and to the tenant or his solicitor, and the Board should be informed that this has been done when the Decision is sent in. 358 APPENDIX. FORM Bf. BOARD OF AGRICULTURE AND FISHERIES. Enfranchisement under the Copyhold Act, 1894. Declaration as to Lord's Title. Manor of , in the County of I, ,of in the County of , the \Here insert "lord" or "steward"] of the said manor, do solemnly declare that [Here state the name of the lord of the manor, and describe the nature and extent of his estate and interest in the manor, and the date, and short particulars of the deed, will, or other instrument tinder which he claims or derives the title. If the lord he not seised in fee, give the names, addresses, and descriptions, in full, of the acting trustees of the will or settlement under which the manor is held, or state that there are no such trustees~\. And that the said is now and has for years past been the acting lord of the said manor ; and that the last General Court Baron and Customary Court was held in and for the said manor by as steward, in the name of the said as lord of the said manor, on the day of 19 ■ And that the said manor is subject to [State here the nature and extent of the incumbrances (if any) ivhich affect, the manor, or that there arc no incumbranccsl. FORMS. 359 And I make this solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835. The said declared to the truth of the above Declaration at in the said County of the day of 19 . Before me, Note. — This Declaraticn must be impressed with a 2s. 6d. stamp. 360 APPENDIX. FORM B|. BOARD OF AGRICULTURE AND FISHERIES. Enfranchisement under the Copyhold Act, 1894. Receipt for Compensation Money. Manor of , in the County of Enfranchisement. Received on the day of 19 , of and from the sum of , being the compensation money for the enfranchisement under the Copyhold Act, 1894, of certain lands comprised in the Notice of desire for enfranchisement given by and dated the day of 19 . Witness Note. — The receipt must be dated, and (where the amount is £2 or upwards) a starnp affixed and duly cancelled. FORMS. 361 FORM B B EOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1894. Award of Enfranchisement. Whereas the lands described in the Schedule hereto are held by copy of court roll of the manor of , in the county of ; and is the tenant upon the court roll of the said lands : And whereas the enfranchisement of the said lands has been duly required according to the provisions of the Copy- hold Act, 1894: And whereas the lord and the tenant [have or have not, as the case may he\ consented that the rights mentioned in Section 23 of the said Act shall be affected by such ■enfranchisement : And whereas the amount to be paid for such enfran- chisement has been ascertained, according to the provisions of the said Act, to be the sum of £ , together with interest on such sum at the rate of four pounds per cent, per annum from the date of the Notice requiring the enfranchisement to the date of payment of the said sum, which has been duly paid, and the receipt for the same has been produced to the Board of Agriculture and Fisheries : And whereas the said has certified that the transaction hereby affected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate .amount or value of the consideration exceeds /"500 : And whereas all other acts and matters required by the said Act previously to the confirmation of this Award of ■enfranchisement have been duly done and performed : 362 APPENDIX. Now the Board of Agriculture and Fisheries, in pur- suance of the powers vested in them by the Copyhold Act, 1894, Do, by this Award of enfranchisement, enfranchise ALL the said copyhold lands described in the Schedule hereto, with their appurtenances [including any such rights as are mentioned in Section 23 of the said Act], To be HOLDEN as freehold, henceforth and for ever discharged from all fines, heriots, reliefs, quit rents, and all other incidents whatsoever of copyhold or customary tenure, but so as not to affect such right of escheat for want of heirs as. is reserved by Section 21 of the said Act [or any such rights as are excepted by Section 23 thereof]. In witness and confirmation whereof, the Board of Agriculture and Fisheries have hereunto set their Official Seal this day of , Nineteen hundred and The Schedule hereinbefore referred to. [Endorsement.] I HEREBY CERTIFY that the transaction to be effected by this enfranchisement does not form part of a larger trans- action or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds ;£'5oo. FORMS. 363 FORM Bf. BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1 894. Award of Enfranchisement. Whereas the lands described in the Schedule hereto are held by copy of court roll of the manor of , in the county of , and is the tenant upon the court roll of the said lands: And whereas the enfranchisement of the said lands has been duly required according to the provisions of the Copyhold Act, 1894: And whereas the lord and the tenant [have or have not, as the case may he'] consented that the rights mentioned in Section 23 of the said Act shall be affected by such enfranchisement : And whereas the compensation for such enfranchise- ment has been ascertained, according to the provisions of the said Act, to be an annual rentcharge of £ issuing out of the said lands : And whereas all other acts and matters required by the said Act previously to the confirmation of this Award of enfranchisement have been duly done and performed : Now the Board of Agriculture and Fisheries, in pursu- ance of the powers vested in them by the Copyhold Act, 1894, Do, by this Award of enfranchisement, enfranchise ALL the said copyhold lands described in the Schedule hereto, with their appurtenances ^ [including any such rights 1 Omit if consent not given. 364 APPENDIX. as are mentioned in Section 23 of the said Act], to be HOLDEN, subject to tlie payment of the said annual rent- charge, as freehold, henceforth and for ever discharged from all fines, heriots, reliefs, quit rents, and all other incidents whatsoever of copyhold or customary tenure, but so as not to affect such right of escheat for want of heirs as is reserved by Section 21 of the said Act, ^ [or any such rights as are excepted by Section 23 thereof]. In witness and confirmation whereof, the Board of Agriculture and Fisheries have hereunto set their Official Seal this day of , Nineteen hundred and The Schedule hereinbefore referred to. 1 Omit if minerals, tii:c., are included. FORMS. 36: FORM Bf. BOARD OF AGRICULTURE AND FISHERIES. Compulsory Enfranchisement under the Copyhold Act, 1 894. Award of Enfranchisement. Whereas the lands described in the Schedule hereto are- freehold or customary freehold of the manor of , in the County of , liable to certain heriots, quit rents, or free rents, and other manorial incidents, and ,of is the tenant of the said lands ; And whereas it has been duly required that the said heriots, quit rents, or free rents and other manorial inci- dents should be extinguished, and the said lands released^ and enfranchised therefrom, according to the provisions of the Copyhold Act, 1894: And whereas the compensation to be paid for such ex- tinguishment release, and enfranchisement has been ascer- tained, according to the provisions of the said Act, to be the sum of £ , together with interest on such sum at the rate of four pounds per cent, per annum from the date of the Notice requiring the enfranchisement to the date of payment of the said sum, which has been duly paid, and the receipt for the same has been produced to the Board of Agriculture and Fisheries : And whereas all other acts and matters required by the said Act previously to the confirmation of this Award of enfranchisement have been duly done and performed : Now the Board of Agriculture and Fisheries, in pursuance of the powers vested in them by the Copyhold Act, 1894, Do, by this Award, extinguish all the said hsriots, quit rents or free rents and all other manorial incidents to which the lands described in the Schedule. 366 APPENDIX. hereto are liable, and release and enfranchise the said lands therefrom, but so as not to affect such right of escheat for want of heirs as is reserved by Section 21 of the •said Act. In witness and confirmation whereof, the Board of Agriculture and Fisheries have hereunto set their Official Seal this day of , Nineteen hundred and The Schedule hereinbefore referred to. FORMS. 367 FORM B| BOARD OF AGRICULTURE AND FISHERIES. Voluntary Enfranchisement under the Copyhold Act, 1894. Deed of Enfranchisement. This Indenture, made the day of 19 > between A.B., lord of the manor of , of the first part, the Board of Agriculture and Fisheries of the second part, and CD., of , in the County of , a tenant of the said manor, of the third part. Whereas on or about the day of , the said [tenant] was admitted tenant to the copyhold hereditaments parcel of the said manor described in the Schedule hereto, upon an absolute surrender passed to his use by [or by virtue of a bargain and sale from 01' by virtue of the will of or as customary heir of as the case may he] : And whereas the said [lord] has, under the authority of the Copyhold Act, 1894, agreed with the said [tenant] for the enfranchisement of the said hereditaments, at the sum of : [Now this Indenture witnesseth, that in consideration of the said sum of sterling by the said [tenant] to the said now paid, the receipt of which the said hereby acknowledges, he the said in exercise of any power given him by the Copyhold Act, 1894, and of any other power whatsoever, and with the consent of the Board of Agriculture and Fisheries in pursuance of the powers vested in them by the said Act, hereby enfranchises and releases unto the said [tenant] , 368 APPENDIX. his heirs and assigns, all and singular the hereditaments to which the said [tetiant] was so admitted tenant as herein- before recited, and which are described in the Schedule hereto, together with their appurtenances including [or excepting] the rights reserved by Section 23 of the said Act, TO HOLD the said hereditaments hereby enfranchised unto and to the use of the said [tenant], his heirs and assigns, as freehold, henceforth and for ever discharged by these presents from all fines, heriots, quit-rents, and all other incidents whatsoever of copyhold or customary tenure, but so as not to affect such right of escheat for want of heirs as is reserved by Section 21 of the said Act. In witness whereof the said parties of the first and third parts have set their hands and seals, and the Board of Agriculture and Fisheries have hereunto set their Official Seal. The Schedule. FORMS. 369 FORM B|. BOARD OF AGRICULTURE AND FISHERIES. Voluntary Enfranchisement tinder the Copyhold Act, 1894. Deed of Enfranchisement. This Indenture, made the day of ,19 , between y4 .5., lord of the manor of of the first part, the Board of Agriculture and Fisheries of the second part, and CD., of , in the County of , of the third part. Whereas the hereditaments described in the Schedule hereto are freehold or customary freehold of the said manor liable to heriots, quit rents, or free rents and other manorial incidents, and the said C. D. is the tenant of the said here- ditaments : And whereas the said A.B. has, under the authority of the Copyhold Act, 1894, agreed with the said C. D. that the said heriots, quit rents, or free rents and other manorial incidents should be extinguished and the said hereditaments released and enfranchised therefrom at the sum of : Now this Indenture witnesseth, that in consideration of the said sum of sterling by the said C. D. to the said A . B. now paid, the receipt of which the said A . B. hereby acknowledges, he the said A .B., in exercise of any power given him by the Copyhold Act, 1894, or any other power whatsoever, and with the Consent of the Board of Agriculture and Fisheries in pursuance of the powers ^-ested BB 370 APPENDIX. in them by the said Act, hereby extinguishes all the said heriots, quit rents, or free rents, and all other manorial incidents, and releases and enfranchises unto the said C. D., his heirs and assigns, all the said hereditaments described in the Schedule hereto, together with their appurtenances, TO HOLD the said hereditaments unto and to the use of the said C, D., his heirs and assigns, as freehold, henceforth and for ever, discharged by these presents from the said heriots, quit rents, or free rents, and all other manorial incidents whatsoever, but so as not to affect such right of escheat for want of heirs as is reserved by Section 21 of the said Act. In witness whereof the said parties of the first and third parts have set their hands and seals, and the said Board of Agriculture and Fisheries have hereunto set their Official Seal. The Schedule. FORMS. 371 30 FORM B| BOARD OF AGRICULTURE AND FISHERIES. Voluntary Enfranchisement under the Copyhold Act, 1894. Notice to person entitled to the next Estate of Inheritance in remainder or reversion in the manor.i Manor of , in the County of Enfranchisement. I, , of , in the County of , lord of the above manor, do hereby, in pursuance of the provisions of the Copyhold Act, 1894, g've you Notice that it is intended to enfranchise ALL that to which the said was admitted tenant on or about the day of 19 > and that the compensation for such enfranchisement being the sum of , is to be paid to , pursuant to the provisions of the said Act. And I request that you will state in writing at the foot hereof your assent to or dissent from such enfranchise- ment, and return the same for delivery to the Secretary, Board of Agriculture and Fisheries, 3, St. James's Square, London, S.W., under the said Act. Dated this day of 19 • the person entitled to the next estate of inheritance in remainder or reversion in the above manor. I, the said , do hereby [Here insert assent to or dissent from] the enfranchisement above proposed. 1 If such person be a minor, notice must be i^iven to his guardian. INDEX. Ai ABANDONMENT PAGE of rights of common by tenant... ... ... ... 174 of customary services by lord ... ... ... ... 192 ADMINISTRATIVE PROVISIONS ... ... ... 289 ADMISSION FINES ... ... ... ... ... 117 ADMITTANCE to copyhold ... ... ... ... ... ... 103 effect of Copyhold Act on ... ... ... ... 103 ADVOWSON explained ... ... ... ... ... ... 80 AGENT for enfranchisement ... AGREEMENT compensation for enfranchisement by ... for enfranchisement ... to be duly signed exempted from stamp duty for Board to determine compensation ... forms of, as to enfranchisement AGRICULTURE, Board of. See Board of Agriculture. ALIENATION by tenant in fee simple ... ... ... ... 25 by tenant in fee tail ... ... ... ... ... 44 by tenant for life ... ... ... ... ... 58 forfeiture of copyhold for ... ... ... ... 144 ALLODIAL PROPERTY explained ... ... ... ... ... ... 2 ALTERATION OF BOUNDARIES ; forfeiture of copyhold for ... ... ... ... 143 ANCIENT DEMESNE explained ... ... ... ... ... 13, 73 290, 329, 330 205, 322 205 ... 330 ... 331 348 367, 369 374 ixDEX. ANCIENT FREEHOLDS PAGE distinguished from manorial tenures ... ... ... 73 ANGLO-SAXON PERIOD land tenure during ... ... ... ... ... 1 APPENDANT rights of common ... ... ... ... ... 152 APPLICATION of money for enfranchisement ... ... 282 APPOINTMENT of agent ... ... ... ... ... ... 329 of valuers ... ... ... ...216,264,323,349,350 of valuer by justices ... ... ... ... 215,263,323 failure of ... ... ... ... ... 216,324 of umpire ... ... ... ... ... 216,324,352 of valuer to act alone ... ... ... ... 349 notice of, of valuer ... ... ... ... ... 351 to be duly signed ... ... ... ... ... 330 APPORTIONMENT of rents, &c., under Lands Clauses Acts ... ... 254 of rent charges under Copyhold Act ... ... ... 279 APPROVEMENT statutory provisions as to ... ... ... ... 175 APPURTENANT rights of common ... ... ... ... ... 152 ARBITRARY FINE. See Fines. ASSIZE, Rents of. See RENTS. ATTORNEY : lord or tenant may appoint under Copyhold Acts 290, 329 form of power of ... ... ... ... ... 319 AUTHORITY FOR ENFRANCHISEMENT under Copyhold Act ... ... ... ... ... 195 AWARD of enfranchisement ... ... ... 268, 327, 361, 363, 365 confirmation of ... ... ... ... ... 268 is conclusive... ... ... ... ... ... 297 B. BARGAIN AND SALE conveyance by ... ... ... ... ... 40 INDEX. 375 BASE FEE explained BASE TENURE explained BOARD OF AGRICULTURE duties under Settled Land Act... constitution of consent of, necessary to grant of waste ... ,, ,, for enclosure o£ common make award of enfranchisement can suspend enfranchisement ... can continue conditions as to user decide questions arising on enfranchisement can call for documents, etc. expenses of inquiries before power to transfer charges on manor can correct errors in instruments payment of fees of to frame and circulate forms and scales to publish a scale of compensation legal proceedings as to want of form as to part of manor ... to make annual report delegation of powers ... power of entry powers under Copyhold Act penalty for obstructing officers of certificate of charge ... BORDER DISTRICTS tenant right estates found BOROUGH nature of, in Anglo-Saxon times may havfe rights of common ... BOROUGH ENGLISH, custom of explained in freehold ... in copyholds PAGE 45 12 62 184 94, 180 180 268, 327 270 270, 327 293 294 295 295 297 297,339 299 299 300 309 313 313 313 313 314 318 ... 91 4 162, 168 ... 15 ... 26 ... 100 BOTES. See Esto\-ers. 376 INDEX. BOUNDARY of manor effect of alteration of, by copyholder how ascertained on enfranchisement BURGAGE TENURE explained in freehold ... PAGE 78 181 293 14 27 CERTIFICATE of charge of enfranchisement compensation ... 288, 318 as to enfranchisement expenses ... ... ... 284 transfer of ... ... ... ... ... ... 319 CESTUI QUE VIE explained ... ... ... ... ... ... 53 CHANCERY DIVISION origin of ... ... ... ... ... ... xxxii matters dealt with by... ... ... ... ... xxxii CHARGE of enfranchisement compensation and expenses ... ... 285 by lord when purchasing tenant's interest ... ... 287 for consideration money where tenant's title proves bad ... 287 for money paid by mortgagee ... ... ... ... 287 for agricultural improvement ... ... ... ... 287 certificates of ... ... ... ... ... 2SS transfer of, on manor... ... ... ... ... 295 CHATTEL INTERESTS term of years ... ... ... ... ... 64 tenancy at will ... ... ... ... ... 68 tenancy on sufferance ... ... ... ... 70 tenancy hy elegit ... ... ... ... ... 71 CHIEF RENTS explained ... ... ... ... ... ... 135 CHURCH ESTATES COMMISSIONERS consent of, necessary for enfranchisement ... 247,305 CHURCH LANDS enfranchisement of ... ... ... ... 240,246 CLAY rights of taking ... ... ... ... 162,171 INDEX. 377 COAL PAGE rights of taking ... ... ... ... 162,171 COLLEGE LANDS enfranchisement of ... ... ... ... 240,248,306 COMIWITTEE OF LUNATIC powers of, under Copyhold Act ... ... ... 290 COMMONABLE CATTLE what are ... ... ... ... ... ... 164 common appendant limited to... ... ... ... 164 COMMON LAW e.\plained ... ... ... ... ... ... xxxi enfranchisement at ... ... ... ... ... 185 who can enfranchise at ... ... ... ... 187 eflect of an enfranchisement at ... ... ... 190 COMMON OF ESTOVERS explained ... ... ... ... ... ... 167 COMMON OF PASTURE explained ... ... ... ... ... ... 162 appendant ... ... ... ... ... ... 162 appurtenant... ... ... ... ... ... 164 ingress ... ... ... ... ... ... 165 because of vicinage ... ... ... ... ... 165 COMMON OF PISCARY explained ... ... ... ... ... ... 168 COMMON OF SHACK explained ... ... ... ... ... ... 166 in Norfolk ... ... ... ... ... ... 160n COMMON OF TURBURY explained ... ... ... ... ... ... 168 COMMONERS, rights of ... ... ... ... ... 172 COMMONS explained ... ... ... ... ... ... 152 distinguished from easements ... ... ... ... 153 origin of ... ... ... ■•• ... ... 159 different kinds of ... ... ... ... 152,161 copyholder's rights of ... ... ... ... 169 how extinguished ... ... ... .•■ ... 174 378 INDEX. Commons — continued. enclosure of ... enclosure of, by Act of Parliament effect of enfranchisement upon... COMMUTATIONS of manorial services ... COMPENSATION agreement as to, between lord and tenant proceedings for ascertaining ... for purchases under Lands Clauses Acts for voluntary enfranchisement... for compulsory enfranchisement to steward ... proceedings for ascertaining when to be a rent-charge when to be a gross sum when to be paid receipt for scale of steward's PAGE ... 174 ... 175 190, 275 ... 182 213 263 257 205 213 209, 229, 267 212, 263 226, 267, 328 227, 328 ... 328 ... 360 ... 319 COMPULSORY ENFRANCHISEMENT UNDER COPY- HOLD ACT, 1894. who can compel an enfranchisement ... ... ... 211 notice to compel ... ... ... ... ... 212 forms as to ... ... ... ... 341,342 ascertainment of compensation ... ... ... 212 agreement as to compensation between lord and tenant ... 213 valuation, when made by Board of Agriculture and Fisheries ... ... ... ... ... 214 ascertainment of compensation by valuers ... ... 215 valuer appointed by justices ... ... ... ... 215 appointment of valuers ... ... ... ... 216 proceedings of valuers ... ... ... ... 216 preparation of the award ... ... ... ... 222 forms as to ... ... ... ... 363,365 confirmation of the award ... ... ... ... 223 form for ... .... ... ... ... 360 form of compensation ... ... ... ... 223 custody of award ... ... ... ... ... 224 stamping the award ... ... ... ... ... 225 INDEX. 379 expenses Compulsory Enfranchisement under Copyhold Act, 1894 — continued. effect of the award when enfranchisement takes effect when the consideration is a rent charge... wlien the consideration is a gross sum . . . ste\iard's compensation liow an enfranchisement can be stopped suspension of enfranchisement continuance of conditions as to user costs in compulsory enfranchisement ... cliarge for the enfranchisement consideration and application of money in certain cases ... the official forms Board of Agriculture to decide in valuations savings as to CONCURRENT OWNERSHIP explained CONDITIONAL FEE explained charged to fee tail CONDITIONAL SURRENDER mortgage of copyholds by CONDITIONS AS TO USER may be made by Board CONFIRMATION OF AWARD compensation to be paid prior to CONSIDERATION provisions where land is conveyed as enfranchisement, to be a charge on land till paid CONSIDERATION IVIONEY receipts payment of ... charge for ... CONVEYANCE of freeholds ... of copyholds... former methods of PAGE 225 225 226 227 229 230 234 234 235 236 236 237 293 316 10 44 107 270, 327 ... 328 ... 273 ... 273 ... 277 ... 277 209, 285 ... 33 ... 101 ... 37 380 INDEX. COPARCENARY explained COPARCENERS nature of their estate ... fines payable by heriots due from reliefs by COPYHOLD explained proper kinds of COPYHOLD ACT, 1894 purpose of ... authority for execution of who can be enfranchised under who can enfranchise under tenant's liability before enfranchising ... methods of enfranchising effect of enfrancliisement COPYHOLD ACTS. See TABLE OF STATUTES COPYHOLD COMMISSIONERS ... COPYHOLD ENFRANCHISEMENT scale of compensation for COPYHOLDS FOR LIVES explained COPYHOLDS FOR YEARS explained COPYHOLDS OF INHERITANCE explained descent of ... freebench in... customary curtesy in ... guardianship in sales of conveyances of when enfranchised mortgages of... leases of PAGE xxxvii .xxxvii .. 124 .. 132 .. 135 13, 92 92, 95 .. 94 .. 194 .. 195 .. 195 .. 196 .. 199 .. 200 .. 201 . . xxii .. 183 .. 336 ,. 113 .. 114 96 97 98 99 100 101 101 106 107 108 INDEX. 381 Copyholds of Inheritance — continued. page wills of ... ... ... ... ... ... 110 settlements of ... ... ... ... ... 112 right to enfranchise ... ... ... ... ... 261 COPY OF COURT ROLL explained ... ... ... ... ... ... 84 CORNWALL, DUCHY OF Copyhold Act does not apply to ... ... ... 194 enfranchisement of lands belonging to ... ... 240,245 CORPORATION may have rights of common ... ... ... 162,168 enfranchisement money for use of, may be paid to ... 306 CORPOREAL PROPERTY explained ... ... ... ... ... ■•■ xxvi COSTS enfranchisement ... ... ... ■■• 209, 284 of Board of Agriculture ... ... ... ... 297 of inquiry by Board ... ... ... ... ... 295 COURT BARON explained ... ... ... ... ... ...12, 80 COURT LEFT explained ... ... ... ... ... ... 82 COURT OF APPEAL part of the Supreme Court of Judicature ... ... xxx appeal to ... ... ... ... ... ...xxxiii COURT OF CHANCERY origin of ... ... ... ... ... ... xxxii COURT OF EQUITY effect of Judicature Act upon ... ... ... ... xxxi COURT ROLL explained ... ... ... ... ... ...13, 83 copy of ... ... -.• ... ••■ ... 84 custody of , after enfranchisement ... ... ... 298 inspection of , after enfranchisement ... ... ... 297 COURTS, Customary ... ... ... ... ... 81 COURTS, Manorial ... ... ... ■•■ ... 80 382 INDEX. COURTS OF LAW effect of Judicature Act upon ... CROWN ancient demesne of the grant of franchises by escheat of freehold to when enfranchisements presumed against limited application of Copyhold Act to... enfranchisement of land belonging to ... manors held in joint tenancy with CROWN LANDS... CROWN MANORS explained enfranchisement of voluntary enfranchisement in certain enrolment of instruments CURTESY explained CUSTOM OF THE MANOR explained effect of enfranchisement on CUSTOMARY COURT explained CUSTOMARY CURTESY explained CUSTOMARY FREEHOLD explained ... D. DAMAGES measures of, for minerals wrongfully taken for failure to repair ... DEATH of parties, effect of, upon enfranchisement proceedings, of valuer or umpire ... succession after PAGE ... xxxi 6, 13, 73 ... 79 ... 24 ... 192 ... 194 241, 300 ... 302 ... 241 ...13, 73 241, 300 ... 301 ... 302 ... 26 ... 85 ... 274 ... 81 ... 100 13, 90 148 138 291, 328 216, 324 ... 21 DEBT liability of fees simple for 36 INDEX. 383 PAGE DECISION of valuers and umpire ... 219, 325, 354, , 356 exempted from stamp duty 331 DECLARATION as to lord's title on enfranchisement 292 , 358 by valuers and umpire 318, , 324 DEED OF ENFRANCHISEMENT in voluntary enfranchisement ... ... 208 form for copyholds ... 367 form for customary freehold 369 is conclusive 297 DEED OF GRANT conveyance by 42 DEED POLL explained 34 DEFINITIONS under Copyhold Act ... 314 DEIWESNE LANDS explained 77 requisites of legal manor 76 DERIVATIVE INTERESTS provisions where, are entered on rolls ... 307 DESCENT of freeholds ... ... 25 of copyholds 97 DESCRIPTION of land to be enfranchised ... 326 DEVISE of freeholds ... 35 of copyholds... 110 DISABILITY persons under, can enfranchise 290 ,329 DISENTAILING ASSURANCE ... 45 DISTRESS on common lands 174 for heriot service 129 for suit-heriot ... 130 for heriot custom only by special custom 130 for reliefs only by special custom 135 384 INDEX. DOMESDAY BOOK explained DOMINANT AND SERVIENT TENEMENTS explained DOWER explained DUCHY OF CORNWALL enfranchisement of lands belonging to ... DUCHY OF LANCASTER enfranchisement of lands belonging to ... E. EASEMENTS nature of distinguished from profits a prendre ,, ,, licences ,, ,, natural rights , , , , public rights how they arise different kinds of impossible ... how extinguished can be granted on enfranchisement ECCLESIASTICAL COMMISSIONERS notice of enfranchisement to ... ECCLESIASTICAL CORPORATION enfranchisement by, under Copyhold Acts enfranchisement under Ecclesiastical Estates Act EFFECT of enfranchisement ELEGIT tenancy by ... EMBLEMENTS explained ENACTMENTS REPEALED ENCLOSURE OF COMMONS methods of ... by Act of Parliament ... by custom PAGE 7 ... 155 ... 25 240, 246 240, 244 ... 152 ... 153 ... 153 ... 154 ... 155 ... 155 ... 157 ... 158 ... 158 ... 276 247, 304 ... 304 ... 247 190, 274 ... 71 ... _ 56 ... 320 ... 174 ... 175 ... 180 INDEX. 385 ENCROACHMENT explained ENFRANCHISEMENT at common law how, is effected ENFRANCHISEMENT, compulsory. See Compulsory Enfranchisement. ENRANCHISEMENT DEED ENFRANCHISEMENT OF COPYHOLDS e.xplained history of authority for... at common law how the, is effected ... who can enfranchise ... money consideration ... under Copyhold Act ... presumption of voluntarily ... restrictions on power for Board of Agriculture to suspend effect of scale of compensation ON SPECIAL MANORS ... Crown lands Duchy of Lancaster lands Duchy of Cornwall lands church lands university and college lands UNDER VARIOUS STATUTES Lands Clauses Consolidation Act Land Tax Redemption Acts Settled Estates Acts ... Settled Land Acts ENFRANCHISEMENT, voluntary... commencement of ENTRY lord's right of PAGE 181 185 185 208 183 182 184 185 186 187 189, 209 191 192 205 268 270 274 333 240 241 244 246 246 248 250 250 257 258 258 205 274 146, 149 CC 386 INDEX. EPISCOPAL AND CAPITULAR ESTATES ACT application of enfranchisement money under EQUITABLE INTERESTS explained EQUITABLE MORTGAGE. See Mortgage and Equitable Interests. EQUITABLE WASTE liability of tenant for life EQUITY explained ESCHEAT in freehold ... in copyholds on enfranchisement ... ESTATES TAIL. See Fee Tail. ESTOVERS common of ... on copyholds ESTRAYS franchise of EXCHANGE conveyance by EXEMPTIONS FROM STAMP DUTY EXPENSES doubts as to, to be referred to Board of enfranchisement, how borne., recovery of ... charge for ... of inquiries before Board EXTENSION of time for valuer's decision EXTINGUISHMENT of copyhold tenure of rights of common ... PAGE ... 305 201 53 24 ... 145 265, 335 .. 167 .. 146 80 40 331 331 209 284 285 285 297 218 326 181 192 174 F. FAIRS AND MARKETS right to hold... not affected by enfranchisement without consent... 80 276 INDEX. 387 FEALTY in freehold ... in copyhold ... FEE nature of ... FEE CONDITIONAL explained FEE FARM GRANTS explained FEE SIMPLE explained sales of conveyance of mortgages of leases of wills of settlements of liable for debt FEE TAIL history of how barred ... how created and maintained ... comparison of, with fees simple incidents of ... when unbarrable FEES of steward on enfranchisement... of Board of Agriculture FELONY forfeiture for, on freeholds forfeiture for, on copyholds FEOFFMENT explained FEUDAL SYSTEM explained FINE AND RECOVERY conveyance by PAGE 24 136 10, 44 19 10, 23 ... 28 ... 33 ... 34 ... 35 ... 35 ... 35 ... 36 ... 44 ... 45 ... 47 ... 48 ... 49 ... 50 ... 319 295, 339 ... 97« ... 144 37 39, 45 388 INDEX. FINES PAGE classified ... ... ... ... ... ... 115 payable before enfranchisement ... ... ... 252 FINES ARBITRARY explained ... ... ... ... ... ... 117 on first admission only ... ... ... ... 120 by joint tenants ... ... ... ... ... 122 by lives in remainder... ... ... ... ... 124 by coparceners ... ... ... ... ... 124 by tenants in common ... ... ... ... 125 modes of assessing ... ... ... ... ... 126 on death of lord ... ... ... ... ... 127 for licences ... ... ... ... ... ... 127 when unlimited ... ... ... ... ... 128 to be paid prior to enfranchisement ... ... 252, 333 scale of compensatioii for ... ... ... ... 333 FINES CERTAIN explained ... ... ... ... ... ... 115 to be paid before enfranchisement ... ... 262, 333 scale of compensation for ... ... ... ... 334 FINES FOR ADMISSION explained ... ... ... ... ... ... 117 FINES ON DEATH OF LORD explained ... ... ... ... ... ... 127 FIRE-BOTE ... ... ... ... ... ... 146 FISHING, rights of ... ... ... ... ... 163 FIXTURES ownership by tenant for life ... ... ... ... 56 FOLD-COURSE ... ... ... ... ... ... 165 FORESHORE as boundary to manor ... ... ... ... 7S FORFEITURE of leaseholds ... ... ... ... ... 68 of freeholds ... ... ... ... ... ... 9~n of copyholds .. ... ... ... ... O? for waste ... ... ... ... ... ... 142 for alteration of boundaries ... ... ... ... 143 for alienation ... ... ... ... ... 14+ IXDEX. 389 Forfeiture — continued. PAGE for neglect of services ... 144 for treason and felony ... 144 compensation for ... 335 FORMS declaration to be made by valuers and umpires ... ... 318 certificate of charge ... ... 318 transfer of ... ... 319 notice of right to enfranchise ... ... 319 power of attorney ... 319 in voluntary enfranchisement ... ... 367 in compulsory enfranchisement ... 321 index of forms XXV where obtainable ... 331 FRANCHISES attached to a manor ... FRANKALMOIGN ON FREE ALMS explained FRANKPLEDGE explained FREEBENCH explained FREE FISHERY explained FREEHOLD explained defined on enfranchisement land to become FREEHOLDER, powers of FREE TENURE explained FREE-WARREN, right of explained FUEL copyholder's right to take ... 79 ... 18 ... 89n ... 98 ... 169 ... 11 23 ... 274 ... 25 12, 15 ... 80 146, 167 390 INDEX. G GAME PAGE lord's right to take ... ... ... ... ... 80 lord's right to breed on common land ... ... ... 171 GAVELKIND explained ... ... ... ... ... xxxviii, 15 freeholds ... ... ... ... ... ... 26 in copyholds ... ... ... ... ... 99 GENERAL FINE may be due on death of admitting lord ... ... ... 127 GENERAL LAW OF COPYHOLDS ... ... ... 309 restraint on creation of new copyholds ... ... ... 309 power to hold customary court though no copyholder present ... ... ... ... ... ... 310 power to make grants out of manor and out of court ... 310 manner of making admittance ... ... ... ... 311 surrenders, etc., out of court to be entered on court rolls... 311 lord may alienate ancient tenements in portions ... ... 311 partition of copyhold land ... ... ... ... 312 descent of trust and mortgage estates in copyholds ... 312 receipt for consideration where under /500 for enfranchise- ment not under Act ... ... ... ... 312 GOODS ownership in ... ... ... ... ... x.wi GRAND SERJEANTY explained ... ... ... ... ... ... 15 GRANT, voluntary of copyholds ... ... ... ... ... 93 GRAVEL lord's right to take ... ... ... ... ... 171 tenant's right to take ... ... ... ... ... 162 GROSS SUM when compensation to be ... ... ... 267, 259 GUARDIAN OF INFANT powers of enfranchising ... ... ... ... 290 GUARDIANSHIP in copyholds ... ... ... ... ... IQQ IXDEX. 391 HAY-BOTE HEDGE-BOTE ... HEIR of freeholds ... of copyholds rights of unadmitted ... HEREDITAMENT e.xplained HERIOT-CUSTOM explained nature of when due by joint tenants by tenants in common by coparceners how multiplied how taken ... how extinguished scale of compensation for HERIOT-SERVICE HERIOTS explained compensation for HOMAGE in freeholds ... in copyholds HOMAGE-JURY ... HONOR explained HOUSE-BOTE ... PAGE 145 146 24 98 188 130 130 131 132 133 133 133 133 134 334 129 128 334 24 81 81, 136 U ... 146 IDENTITY OF LANDS how ascertained on enfranchisement INCIDENTS OF COPYHOLDS enumerated ... 293, 326 115 392 IXDEX. PAGE INCLOSURE COMMISSIONERS... ... ... ... 184 INCORPOREAL PROPERTY e.\plained ... ... ... ... ... ... xxvi INDENTURE explained ... ... ... ... ... ... 33 INFANTS powers of enfranchisement ... ... ... 290,329 INFORMATION to be sent to Board upon enfranchisement ... 343 IN GROSS rights of common ... ... ... ... ... 152 INHABITANTS claim to rights of common ... ... ... 162,167 INTERCOMMONING in common fields ... ... ... ... ... 160 in common of vicinage ... ... ... ... 165 INTEREST on enfranchisement compensation when paj'able ... ... ... ... ... 335 INTESTATE SUCCESSION the law of, explained ... ... ... ... ... 25 INVESTMENT of enfranchisement money ... ... ... 2S3 JOINT LORDS OF MANORS provision for, belonging to universities and colleges JOINT TENANCY explained manors held in, wilh Crown ... JOINT TENANTS fines payable by heriot due from reliefs due from JUNIOR RIGHT explained JURY in manorial courts presentments by 305 xxxiv ... 302 ... 122 ... 132 ... 135 ... 98 81 ... 102 IXDEX. 393 JUSTICES appointment of valuer by K. KENT, County of presumption as to gavelkind tenure in ... gavelkind not affected by enfranchisement in KNIGHT'S SERVICE explained PAGE 215, 263 ... 27 274, 315 16 LAMMAS LANDS ... ... ... ... ... 165 LANCASTER, Duchy of enfranchisement of lands belonging to ... ... 240,244 exempted from compulsory enfranchisement ... ... 316 LAND ownership in ... ... ... ... xxviii held in common ... ... ... ... ... 160 on enfranchisement, to become freehold ... ... 274 LAND COMMISSIONERS ... ... ... ... 184 LAND TAX no deduction for, on enfranchisement ... ... ... 333 LAND TAX REDEMPTION ACTS enfranchisement under ... ... ... ... 257 LAND CLAUSES ACTS enfranchisements under ... ... ... ... 250 LEASE by copyholder ... ... ... ... ... 108 not affected by enfranchisement ... ... ... 275 LEASE AND RE-LE.ASE conveyance by ... ... ... ... ... 39 LEASEHOLD nature of ... ... ... ... ... ... 65 LEASEHOLDS AND FREEHOLDS, comparison of 67 LEASES of freehold ... ... ... ... ... ... 35 of copyhold ... ... ... ... ... ... 108 LEET, COURT. Sec Court Leet. 394 INDEX. LEGAL INTERESTS explained LICENCE lord's licence to demise distinguished from easements ... LIMITED OWNERS powers under Copyhold Act ... LIVERY OF SEIZIN explained livery in law... livery in deed LORD FARMER explained ... LORD OF MANOR explained rights of, over common land ... who may act for LORD'S EXPENSES how paid LORD'S FINE explained LUNATIC who may act for, in enfranchising PAGE ...xxviii ... 109 ... 153 ... 289 ... 37 ... 38 ... 38 ... 75 ...13, 74 ... 171 ... 329 ... 280 ... 116 290, 329 M. MANOR explained ... 11 history of ... 73 requisition of ... 76 lands of ... 77 franchises of ... 79 courts of 80 custom of ... ... 85 sale of ... 88 MANORIAL INCIDENTS power to extinguish ... 261, 321 MANORIAL TENURES classification of ... 90 IXDEX. 395 MAN'S FREEBENCH. See Customary Curtesy MARK explained MARKET. See Fairs and Markets. MARRIED WOMAN has dower in freeholds freebench by special custom in copyholds as feme sole on enfranchisement MATTERS dealt with by the Chancery Division MESNE LORDS explained METHODS OF ENFRANCHISEMENT ... MILITARY TENURES explained MINES AND MINERALS on copyholds rights of common as to on enfranchisement ... exception for MINUTE of the Board of Agriculture MORTGAGE legal and equitable of freeholds ... of copyholds MORTGAGEE payment by, under Copyhold Act MULTIPLICATION OF HERIOTS when it occurs N. NATURAL RIGHTS distinguished from easements ... NEGLECT to render services to take admission of lord to enforce services NOMIN.ATION OF SUCCESSOR right of copyholder for life 190, 26 99 290, 329 xxxii 9 ... 185 145 162 276, 327 276 321 xxix 34 107 ... 287 ... 132 ... 154 ... 144 ... 139 ... 192 113 PAGE 5 262, 322, 341 262, 322, 342 263, 351 289, 3)9 296, 330 ... 331 299, 335 ... 330 396 INDEX. NORMAN CONQUEST effect of, on landholding NOTICE of desire for enfranchisement ... of desire to extinguish manorial incidents of appointment of valuer of right to enfranchise service of, under Copyhold Act copies of, to be sent to Board ... of acceptance of scale of compensation ... to be duly signed to remainderman or reversioner in voluntary enfran- chisement ... ... ... ... ... 371 O. OCCUPIERS protection to, on enfranchisement ... ... ... 275 OFFICE FEES payment of ... ... ... ... ... ... 297 OFFICIAL TRUSTEES enfranchisement money may be paid to... ... ... 305 OWNERSHIP explained ... ... ... ... ... ... xxvii different kinds of ... ... ... ... ...xxviii P. PART PERFORMANCE explained ... ... ... ... ... ... 32 PARTIES to an enfranchisement at common law ... ... 187 PASTURE, common of explained ... ... ... ... ... ... 162 PERMISSIVE WASTE liability of tenant for life ... ... ... ... 53 PERSONAL PROPERTY explained ... ... ... ... ... ... xxvi PETTY SERJEANTY explained ... ... ... ... ... ... 17 PISCARY, common of explained ... ... ... ... ... ... 168 IXDEX. 397 PLAN of land to be enfranchised PLOUGH-BOTE ... POSSESSION recovery of ... right of, by copyholder POWER OF ATTORNEY appointment of agent by form of exempted from stamp duty PRESCRIPTION explained under Prescription Act PRESENTMENT by jury PROCLAMATIONS for heir to take admittance must be made before seizure ... PROFITS A PRENDRE explained distinguished from easements ... different kinds of PROFITS IN ALIENO SOLO explained PROTECTOR OF THE SETTLEMENT office explained PUBLIC RIGHTS distinguished from easements ... PURPOSE OF COPYHOLD ACT PAGE 293, 326 ... 146 ... 20 ... 137 ... 290 319, 330 ... 331 ... 156 ... 156 ... 104 ... 141 ... 141 152, 161 ... 153 ... 161 ... 152 ... 46 ... 155 ... 195 QUASI-COPYHOLD IN FEE explained ... ... ... .-• .-- ... 113 QUEEN ANNE'S BOUNTY consideration money for use of spiritual person may be paid to ... ... ... ... •■• ••. 304 QUESTIONS OF LAW OR FACT ... ... ... 32S 398 INDEX. QUIET ENJOYMENT PAGE right of, by copyholder ... ... ... ... 137 QUIT-RENTS in freeholds ... ... ... ... ... ... 25 in copyholds... ... ... ... ... ... 135 scale of compensation for ... ... ... ... 334 R. REAL PROPERTY explained ... ... ... ... ... ... xxvi RECEIPT FOR COiMPENSATION form of ... ... ... ••• ... ... 360 RECOVERY bar of entail by ... ... ... ... ... 45 REGISTRATION conveyance by ... ... ... .-■ ... 43 RE-GRANT when lord can make ... ... ... ... ... 93 RE-LEASE conveyance by ... ... ... ... ... 42 destroyed by enfranchisement at common law ... ... 190 not affected by enfranchisement under Acts ... ... 275 RELIEF explained ... ... ... ... ... 16, 134 in freeliolds ... ... ... ... ... ... 25 in copyholds ... ... ... ... ... 134 scale of compensation for ... ... ... ... 333 REMAINDER in fee simple ... ... ... ... ... 23 distinguished from reversion ... ... ... ... 23 RENT-CHARGE when enfranchisement compensation to be ... 267, 272 payment of, under Copyhold Act ... ... ... 278 apportionment of ... ... ... ... ... 279 lessees protected from ... .,. ... ... 280 redemption of ... ... ... ... ... 280 power to sell ... ... ... ... ... 281 i>JDEX. 399 RENTS PAGE in freeholds ... ... ... ... ... ... 25 in copyholds .. .. ... ... ... 136 of assize ... ... ... ... ... ... 136 REPAIR liability of copyholder to ... ... ... ... 137 REPEALED ACTS evidence from instruments under ... ... ... 298 REPUTATION when manor exists by ... ... ... ... 76 RESERVED RIGHTS what they are consent of lord to include RESTRICTIONS ON ENFRANCHISEMENT REVERSION in fee simple distinguished from remainder ... RIGHT OF ENTRY by lord to cut timber... take minerals RIGHTS AND LIABILITIES succession of ... ... ... ... ... 292 RIGHTS OF COMMON in freeholds ... ... ... ... ... ... 25 in copyholds... ... ... ... ... 152, 159 copyholder's ... ... ... ... ... 169 exception for ... ... ... ... ... 275 RIGHTS OF COMMONERS ... ... ... ... 172 RULE AGAINST PERPETUITIES explained ... ... ... ... ... ... 47 S. SALES of freehold ... ... ••• ... ••• ... 28 of copyhold ... ... .■■ •■• ■■• ... 101 SAVINGS FROM COPYHOLD ACT general savings ... ... ... ... ... 315 as to compulsory enfranchisement ... ... ... 316 276 353 115 23 23 146, 149 146, 149 400 INDEX. Savings from Copyhold Act — continued. P.VGE as to Scotland and Ireland ... 317 as to land registry ... 318 SCALE of steward's compensation ... 319 of compensation and allowances to valuers 331, 337 of compensation to lord ... 333 SCUTAGE explained ... 16 SEIZURE oi copyhold pro defectu tenentis ... 139 for wrongdoing ... 141 SEIZURE OUOUSQUE to compel admittance... ... 141 SERVICES in freeholds ... 12, 13 in copyholds... ... 115 neglect to perform, effect of ... ... 141 barred by lapse of time ... 193 SERVITUDE explained ... 153 SETTLED EST,\TES ACTS enfranchisements under . . 253 SETTLED LAND ACTS enfranchisements under SETTLEMENT real or strict... marriage of copyholds... SEVER.\L FISHERY explained can be granted gives sole right SEVERALTY ownership in, explained SHACK common of ... ... 258 35, 47 ... 35 ... 112 80 ... 161 ... 169 160, 166 INDEX. 401 SOCAGE TENURE explained SOCMEN explained SPECIAL CUSTOMS on copyholds allowance for, on enfranchisement SPECIAL MANORS application of Act to ... SPIRITUAL TENURES explained SPORTING, right of by lord over manorial waste how affected by enfranchisement STAMP DUTY, exemptions from ... STATUTE LAW explained STATUTES CITED. See TABLE CITED ... STEWARD OF THE MANOR the office explained compensation on enfranchisement notice of right to enfranchise to be given represents lord on enfranchisement scale of compensation STINTED COMMONS OR PASTURES can be enclosed under Enclosure Act SUB-INFEUDATION explained SUIT-HERIOT ... SUIT OF COURT explained SUPREME COURT OF JUDICATURE described SURRENDER of copyholds OF ST A PAGE ... 17 ... 85 ... 335 ... 300 IS 80 171 276 296 331 xxxi TES by ... 75 209, 267, 331 ... 289 290. 329 ... 319 ... 176 ... 9, 10 ... 129 ... 136 102 DD 402 INDEX. SUSPENSION of copyhold tenure of enfranchisement T. TABULATED STATEMENTS comparison of undivided tenancies hst of tenancies at present day... comparison of fees tail and fees simple ... kinds of life tenancy ... powers of tenant for life under Settled Land Acts application to court improvements ,, ,, ,, kinds of chattel interest in land comparison of leasehold and freehold ... the requisites of a manor the manorial lands comparison of customary and ordinary freeholds ,, ,, copyhold and freehold ... the incidents of copyholds the copyholder's liabilities estovers or botes how easements arise ... different kinds of easements extinguishment of easements ... various kinds of common lands subject to enclosure differences between enfranchisements at common law and under Copyhold Acts... effect of enfranchisement under the Copyhold Act, 1894 consideration allowed procedure of valuers ... TENANCY AT WILL explained TENANCY BY ELEGIT explained TENANCY BY ENTIRETIES explained TENANCY FOR LIFE explained PAGE 94 270 XXXIX 22 48 52 59 62 62 64 67 75 77 91 96 115 116 146 155 157 158 161 176 191 201 206 217 68 71 51 INDEX. 403 Tenancy for Life — continued. PAGE when it arises 52 powers and duties in ... 53 TENANCY FOR YEARS e.xplained ... 64 TENANCY IN COMMON explained ...xxxvi TENANCY-IN-TAIL. See FEE Tail. TENANCY ON SUFFERANCE explained 70 TENANT PC/fi AUTRE VIE explained 53 TEN.\NT RIGHT EST.\TES explained ... 91 TENANTS IN CAPITE explained 9 TENANTS OF THE MANOR explained 12 TENURES division of ... ... 21 must have been created before 18 Edw. I. c. 15 : ... 10, 18 TERMS OF YEARS on freeholds... 19, 64 may exist on copyholds ... 94, 108, 114 TIMBER on copyholds 145 when tenant may take for estovers ... 146 rights of common as to 167 scale of compensation for 334 TITHE COMMISSIONERS ... 184 TITLE investigation of lord's, at common law ... ... 186 effect of enfranchisement on ... 275 declaration as to lord's 292, 358 TREASON AND FELONY forfeiture of freehold for ... 97» forfeiture of copyhold for ... 144 404 INDEX. TREES PA.°E on copyholds ... ... .-. •■■ ••• ^'^^ TRESPASS rights of copyholder for taking timber, &c. ... ••• 147 TRUSTEES payment of money into court, how applied ... 282,283 powers of, under Copyhold Act ... ... .-■ 289 when lords or tenants are ... ... ••• 289,329 TURBARY, common of explained ... ... ... ■■• •■• ••• 168 V. UMPIRE IN ENFRANCHISEMENT death of or Board will appoint valuers must appoint ... must give decision in forty-two days decision of ... must make declaration form of appointment of UNDERWOOD tenant's right on copyholds may be taken for estovers rights of common as to UNDIVIDED TENANCIES UNIVERSITY AND COLLEGE L.\NDS enfranchisement of V. VALUER IN ENFRANCHISEMENTS appointed by justices ... ... ■•• ■•. 215,323 appointment of ... ... ... .-• 216, 264, 324 duties of 216,265 death of 216,324 circumstances to be considered by ... ... 265, 325 decision of ... ... ... ■•• ••■ 266, 325, 354 declaration by ... ... .•• ••■ 318, 324 instructions to be given to ... ... ■■■ ... 325 allowances to ... .•• ... .•■ 331, 337 VARIOUS kinds of common ... ... ... ... 161 216, 324 ... 264 264, 324 ... 265 266, 325, 355 318, 324 ... 352 ... 145 ... 146 162, 167 ... xxxix 240, , 248, 305 INDEX. 405 VICINAGE, common of explained how destroyed VIEW OF FRANKPLEDGE explained VILLEIN TENURE explained VOLUNTARY ENFRANCHISEMENT effect of who can agree to the agreement for consideration for deed for commencement of expenses of ... steward's compensation for charge for enfranchisement consideration power to effect to be by deed forms in VOLUNTARY GRANT conveyance of copyhold by VOLUNTARY WASTE liability of tenant for life PAGE 165, 173 ... 166 ... S9n ... 12 201 204 205 205, 271 208 208 209 209 209 271 272 367, 369 ... 93 53 W. WAIF, right of explained WARREN, beasts and fowls of. See Free Warren. WASTE liability of tenant for life for ... forfeiture of copyhold for WASTES OF MANOR explained rights of tenants over rights of lord over inclosure of ... 80 ... 53 ... 142 ... 77 162, 169 ... 171 ... 172 406 INDEX. WIDOW dower of, in freeholds estate of, in gavelliind lands freebench of, in copyholds WIDOWER curtesy of, in freeholds estate of, in gavelkind lands ... customary curtesy of, in copyholds WILLS of freehold ... of copyhold ... WITENA GEMOT explained WOOD may be taken as estovers ,, ,, by commoners ... WOODS, COMMISSIONERS OF WRECK, right to take explained PAGE 25 27 98 26 27 99 35 110 ... 146 162, 167 241, 302 ... 80 LIST OF USEFUL BOOKS For AUCTIONEERS, VALUERS, . . . SURVEYORS, ESTATE AGENTS, &c. PUBLISHED BY . . The Estates Gazette, Ltd. OFFICES : 34 & 35, Kirby Street, Charles Street, Hatton Garden, LONDON, E.G. 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For the use of Surveyors, Auctioneers, Land and Estate Agents, containing a list of the principal Auctioneers, Land and Estate Agents of London and the Country ; Names and Addresses of Members of Surveyors' Institution, Auctioneers' Institute, and Institute of Estate and House Agents ; Finance (1909-10) Act, 1910— Land Duties, under Ratio of Increment Duty in Leases, Life Tables and Increment Duty, torm 4 filled in, Charges by Surveyors and Agents under, etc. ; an Index of Disputed Claims for Auctioneers' and Estate Agents' Com- mission on the Selling or Letting of Property ; List of Provincial Hotels where Sales usually take place ; names of principal Bill Posters in London and Provinces i Summary of claims of Unexhausted Improvements since the passing of the Agricultural Holdings Act ; numerous useful Tables for Land Agents and Auctioneers ; Scales of Professional Charges adopted by leading firms; a List of Country Surveyors; and items of information (including Market Days and "Customs of the Country" in England and Wales) im- portant to Surveyors. Valuers. Land Agents, Auctioneers and House Agents ; together with A Diary ot One Page for each Day. Can be had in the following styles:— (a) Ruled feint only. (&) Ruled feint with cash columns. (c) Ruled feint with feint left hand margin. Books published by The Estates Gazette, Limited. Demy Seo. Price Us. Sd.; Jor cash, 10s.; by post, 20s. ed. DIGEST OF LAW AND ARBITRATION CASES.— Published Annually. This work consists of (1) An alphabetical list ol the cases reported during each year under the several headings of Agricultural Holdings Act, Commission, Compensation, Bating, and General Legal Proceedings ; (2) A subject index or digest of all the cases ; (3) A concise and intelligible summary of every case. Prepared by a Barrister-at-Law. Copies of the Editions from 190a can still be obtained. Fourth Edition. Crotvn 8vo. Price 6s. ; for cash, 6s. ; by post, 5s. 3d. DILAPIDATIONS, The Law and Practice of.— A valuable Guide and Handbook to this difficult work. By A. T. MACEE, P.A.SI. The legal matter has been revised bv a Barrister-at-Law. New Edition thoroughly revised and brought up to date. Demy 8vo. Price6s.net; by post 6s. 4d. EASEMENTS, The Law of.— By RICHAED PAERY, Fellow of the Surveyors' Institution : Associate Member of the Institution of Civil Engineers ; B.Se.(Lond.) ; Barrister-at-Law, Middle Temple, and ARTHUR BURNABY HOWES, of the Middle Temple and Western Circuit, Barrister- at-Law ; Associate (late Fellow) of the Surveyors' Institution. This book has been specially written for the use of Students reading for the Surveyors' Institution and other Examinations, and may also be rtferred to by Architects and Surveyors in their professional practice. It is written in plain and simple language, and where legal expressions have necessarily been employed these have been carefully explained. The whole subject is covered in a small space, Ihe object of the authors being to give to the reader a correct idea of the principles on which the law is based. Each chapter is concluded with a Summ,irv of the matter which it contains. Crown 8uo. Price 2s. 6d. ; by post, 3s. 9d. EJECTMENT, Law of.— This is a handy little manual designed as a plain and brief Guide to the Law of Ejectment for Laymen in general, and Landlords and their Agents in particular. By G. ST. LEGEE DANIELS, LL.B. (Lond.), of the Middle Temple, Barrister-at-Law. Demy Sro. Price 7s. Fd. : fur Cash with Order 6s. ; by post, 6s. 4d. ELEMENTARY FORESTR'Y : A Comprehensive Text Book for Land Owners, Land Agents and Students. Elementary Forestry, by CHARLES E. CUETIS. F.S.I., Professor of Forestry, Field Engineering and Surveying, and General Estate Management at the College of Agriculture, Downton ; Consulting Forester to the Eight Hon. Lord O'lSeill, Shane's Castle, Antrim ; and others. 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Law of. — A concise manual on this important subject; with Appendix of Statutes, Leading Cases, etc. By SIDNEY WRIGHT, M.A., of the Middle Temple, Barrister-at-Law, assisted by a Member of the Surveyors' Institution, Carefully revised and brought up to date. Books published by The Estates Gazette, Limited. Demy 8vo. Price 5s. net ; by post 5s. 4d. INVENTORIES AND CATALOGUES. How to mate them, -n-ith a brief description of Decorative Furniture and other notes, by W. T. LA.MPRILL. This is a practical work for the use of students and practitioners, showing them how to make Inventories and Catalogues. Crown 8co. Price 7s. 6d. net, by post, 7s. lOd. LAND AND HOUSE PROPERTY YEAR BOOK.— Published aimuaily. A Guide to Investments in Iteal Estate, showing at a glance the Results of Sales at the London Auction Mart ; at the Principal Provincial Centres (scope much extended), and in the London Suburbs. "With Index to the Streets and Koads in the Metropolis in which Properties have been sold. Copies of the Editions from 1894 can still be obtained. Demy 8vo. Price Gs., by post, 6s. 4d. LANDED ESTATES, The Law relating to.— Land, Manor, Farm, Field, Crops Stock, Labour, etc. '1 his work contains a resum6 of the law upon the most important matters connected with the Sale, Purchase, and Possession of Landed Property ; with an Appendix contaming the Customs of the Country and the most important statutes connected with the subject. By SIDNEY WRIGHT, M.A., of the Middle Temple. Barrister-at-Law. Second Edition. Uoyal ISvio. About 400 pages. Price 5s. net ; by post 5s. 4d. LANDLORD AND TENANT.— A handbook of the law relatmg to Landlord and Tenant. For the special guidance of Survevors, Auctioneers. Estate Agents and their Assistants. By BKNAIAH W. ADKIN, of tbe Middle 'lemple, Barrister- at-Law. The volume now advertised will be found a useful text book for the examinations of the Surveyors' Institution and Auctioneers' Institute, and, when supplemented by a proper course of preparation for these examinations, it will BulHce for the purpose, whiltst the form of Index given at the end should be generally appreciated by both students and practical members of the professions in daily touch with the law of Landlord and Tenant. Mr. Adkin has carried through his task admirably and produced a work that ought to prove invaluable to all who are in need of so convenient and lucid a means of reference. Crown Sco. Price I2s. 6d. ; for cash, 10s. 6d., by post, lis. LANDLORD AND TENANT.— A practical and concise exposition of all the main propositions in tbe Modern Law of Landlord and Tenant, and at the same time a digest of the whole Law connected therewith. Ihe work is intended specially for Surveyors, Land and Estate Agents and Auctioneers. Students preparing for the Examinations of tbe Surveyors' and Auctioneers Institutes ; and for Owners and Occupiers of Property ; and will be found useful by many Lawyers. By SIDlNET WRIGHT, M.A., of the Middle Temple, Barrister-at-Law. Crown Svo. Price 20s. ; for cash. 7s. 6d.. by post, 7s. lOJ. LAND AGENCY (Gamier s).— Edited and revised by HERBERT W. RAFFETT, J^.S.I, tUd legal matter by FRANK W. KaFFETY, of the Middle Temple, Barrister-at-Law. Croxvn Svo. Price 3s. net ; by i>ost, 5s. 4d. LAND DRAINAGE.— Useful and practical new agricultural work by FRED HARPUK (I'rofessional Associate of the Surveyors" Institution), with the full text of the Land Drainage Act, 1861- This volume has been written chiefly as a text book for those desirous; of sitting for the Professional Associateship examination of the Surveyors' Institution, and covers the syllabus of that Institution upon the subject of Land Drainage. The letterpress is illustrated by a considerable number of arawings and diagrams. Books published by The Estates Gazette, Limited. Demy Sco. Reduced to 6s. net ; by post 6s. 6d. LAND SURVEYING: Its Theory and Practice. By SAMUEL SKRIMSHIRE, F.S.I. This work provides both a text book, containing in a succinct form all that is required to be known by candidates for the Surveyors' Institution and Auctioneers' Institute Examinations, and a handy reference book for the busy practical man. The book is illustrated with a large number of diagrams and examples. Demy 8vo. 27 pages. Priee Is. ; by Post, Is. Id. LAND TAXES (Finance Act, 1909-10), A Simplified Reading of the.— By EDWIN SAVILL. F.S.I. Edited by CHARLES OROFTON BLACK, Juur., B.A., of the Middle Temple, Barrister-at-Law. Second Edition Demy 8vo. Brief, 10s. net. ; by Post, lOs. 5d. LAND VALUATION underthe FINANCE (1 909-1 0) ACT, 1910.— The new Land Duties, Licensin^r Duties, Stamp Duties, and alter- ation in the Death Duties, with Notes and Comments on each section by CLEMENT E. DAVIES. B.A.. LL.B.. of Trinity Hall, Cambridge, and Lincoln's Inn, Barrister-at-Law, Certificate of Honour Council Legal Education, "with Practical Examples in Valuation, by CUTHBERT J. LAKE, F.S.I.— The Second Edition of this work has been considerably amplified, and its valuable series of Examples revised and extended. All official forms up to date from Somerset House have been included. This carefully- prepared commentary should prove of the greatest practical utility to all who are interested in the Management and Transfer of Land and House Property, as it fully defines in clear and explicit terms, and in popular phraseology, all that appertains to the new Land Duties, Licensing Duties and the altered Death Duties. "This volume should prove a valuable guide to those who have to master the intricacies of this new legislation."— ^uiWer. Fourth Edition. Crown Svo. Price 5s. net ; by post, 5s. 4d. LAW OF DISTRESS, Daniels'.— A comprehensive Guide, containing the text of the Law of Distress Amendment Act and the New Rules thereunder ; care- fully revised, with References and Cases brought up-to-date. By GRAHAM MOULD (of Gray's Inn. the Middle Temple and Oxford Circuit), Barrister- at-Law, Holder of a Certificate of Honour from the Council of Legal Education. Associate (late Fellow) of the Surveyors' Institution and Editor of the Eighth Edition of "Bateman's Law of AucLions,"' assisted by SYDNEY E. POCOCK, LL.B.(Lond.), (of Gray"s Inn and the Midland Circuit), Barrister-at-Law. Crown Svo. Price 6s. ; for cash, 5s., by post, 5s. 4d. LEASES, Principles and Points.— A Handbook to the Law of Leases ; for Landlords, Tenants, find House Agents. By G. ST. LEGER DANIELS, LL.B. (Lond.), of the Middle Temple, Barrister-at-Tjaw. Crown Svo. Second Edition. Price 7s. 6d. ; .for cash, 6s. ; by post, 6s. 4d. LIGHT AND AIR, The Lav^ of. — This is one of the best text books on the subject of Light and Air published. The method of arrangement is so simple and complete as to make the present position of this difficult aubjecteasy of comprehension to bcth professional and lay minds. Illustrated by diagrams. By A. A. HUDSON, of the Inner Temple, Barrister-at-Law; and ARNOLD INMAN, of the Inner Temple, Barrister-at-Law. Demy Svo. Price, 5s. net; by post, 5s. 4d. LONDON BUILDING ACTS (AMENDMENT) ACT, 1905, The— This Act came into force January 1st, 1907. Drastic Alterations affecting the value of Metropolitan Property. Liabilities of Owners, Agents, Trustees and Mortgagees. Escape from Fire. Powers of the London County Council, and Liabilities of Owners and Occupiers of Buildings io the Administrative Area of the County of London. By BERNARD C. MOLLOY, Barrister-at-Law, Middle Temple. Books published by The Estates Gazette, Limited. Demy Svo. About S50 pages. Price fs. vet ; by post 63. 4d. PAROCHIAL ASSESSMENT, The Principles of: An Introduction to Eating— A Text Book for Students, also a useful Handbook for Surveyors and Estate Agents. By BENAIAH W. ADKIN, F.S.I., of the Middle Temple, Barrieter-at-Law (Author of " Copyhold and other Land Tenures of England" and "A Handbook on the Law of Landlord and Tenant"). The author of this useful little volume has sought with much success to provide a small and simple text book for students who are ignorant of the subject, so that they maybe enabled to learn the elementary principles of Parochial Assessment, and to appreciate some of the difficulties attached to Practical Rating. The book is intended for candidates for the Final Examination of the Surveyors' Institution who are taking a course of preparation but it will be found exceedingly useful by all Surveyors and Agents who have to conduct appeals. Crown Svo. Price 6s.; tur cash, 5s.; by post, 5s. 4d, POTTERY AND PORCELAIN.— A practical Handbook and Guide to the various Manufactures of China, Faience and Enamels, both English and Foreign ; with a concise explanation of the principal features of each. Illustrated by the marks of the best known factories. Third Edition. lioyal 8vo., about 800 pp. Price S5s. ; for cash, 20s. ; by post, 20s. 6d. RATING : Principles, Practice and Procedure— An entirely New Edition, much enlarged in character, which has been entirelv re-written and brings the Law of Rating thoroughly up-to date in every detail. By P. MICHAEL FARADAY (Rating Surveyor), the Legal Matter revised by W. J. JEEVES (of Lincoln's Inn, Barrister-at-Law. Author of the Article on "Loans" in the Encyclopsedia ofLocal GovernmentLaw). This well-known standard work has now entered its Third Edition, which has been entirely re-written and brought thoroughly up-to-date as was necessitated by changes in the law, involving a considerable increase in the size of the volume. In Part I., Principles, the Chapters on Occupation and Value have been re-arranged and largely re- written. In Part II., Practice, the Chapters on Land, Buildings. Manufactories, Railwavs, Canals, Tramways, Gas, Water, and Tel 'phone and Electric Light undertakings, Docks, Harbours and Piers, and Mines, Brickfields and Ceme- teries have been largely extended and contain a great quantity of new matter. Part III., Procedure, has been entirely re-written by Mr. W. J. JEEVES, Barrister-at-Law, and will be found to contain a concise statement of this branch of the subject, both within and without the Metropolis, which must add materially to the practical usefulness of the book. Eighteenth Edition. Price JOh. 6d. ; Cash price 8s. 6d. ; Postage 4d. ROUSE'S PRACTICAL MAN.— Part I.— Forms and Law. Part II.-Tables and Calculations. Revised by EDGAR A. SWAN, B.A., of the Inner Temple, B arri st er-at-La w. Crotvn 810. Price 6s. net. ; by post. es. 3d. SALE AND PURCHASE OF REAL PROPERTY, Handbook of Law relating to the.— Specially adapted for the use of Auctioneers, Surveyors and Estate Agents, etc., by W. H. TAYLOR, Professional Associate and President's Prizeman of the Surveyors' Institution; Lecturer on Land Sur- veying at the Midlnnd Agricultural College ; and of the Middle Temple, BarrJster-at-Law. This handbook on the law relating to the sale of Real Property is intended for the guidance of those persons dealing in Real Property who are primarily engaged either as principalis or as agents before the transactions of buying and selling reach the conveyancer's hands, as well as to students preparing for the examinations of the Surveyors' Institution and the Auctioneers' Institute. Demy Svo. Price 7s. 6d. net; by post, 7s. lOd. Important New Work on Housing and Town Planning. THE HOUSING ACTS, 1890-1909, AND TOWN PLANNING as applied to Great Britain, containing the Provisions of the recent Act, and embodying the Town Planning Procedure Regulations (England and Wales), 1910, by F. HOWKINS, Surveyor, member of the National Housing and Town Planning Council. Special Chapters are included, which explain how the Act affects (a) Owners and Agents of House Property, and (6) The Lay-out and Development of Building Estates. This work is illustrated by means of various Maps and Diagrams, and these, with a copious Index, should materially assist in rendering the work particularly valuable to those interested in the subject. Books published by The Estates Gazette, Limited. Crown Sro. Price 3s. 6d. ; by post. 3s, 9d. VALUATION OF AGRICULTURAL TENANT-RIGHT, Notes on the.— This little book has been written specially to fulfil the requirements of the Surveyors' Institute Syllabus (the author having been an Examiner of the Institution), and for handy reference it will be found useful to everyone concerned with the Valuation of Agricultural Tenant-Eight. By G. S. MITCHELL, F.S.L, Author of "Handbook of Land Drainage," "Practical Stock Ensilege," "New form of Hop Kilns," etc., etc. Third Edition. Crown Sco. Price 6s. ; Jor cash, 6s. : by post, Bs. 4d. VALUATION OP LAND AND HOUSES.— This work will prove invaluable to Valuers and Surveyors in practice, whilst for Students and Pupils it forms a text book on a most important subject. By CHARLES E. OUETIS, F.S.L, Professor of Forestry, Field Engineering and Surveying, and General Estate Management at the College of Agriculture, Downton ; Consulting Forester to the Right Hon. Lord O'Neill, Shane's Castle, Antrim ; Author of " Estate Management" (4th Ed.) ; "IPractical Forestry" (2nd Ed.) ; etc., etc. Revised and Enlarged and with Valuation Examples, by D. THOS. DAVIES,F.S.I. and Indication, etc., by IVOR CURTIS, M.A., Cantab.