Presentment by the Homage not Necessary. such lord, or steward, or deputy; and every entry made on the court rolls of any manor pursuant to this present clause shall for all purposes whatsoever be deemed and taken to be an entry made in pursuance of a presentment made at a court holden for such manor by the homage assembled thereat; and the steward, or his deputy, shall be entitled to the same fees and other charges for making such entry on the court rolls as he would have been entitled to in respect of such entry in case the same had been made in pursuance of a presentment made at a court holden for such manor by the homage assembled thereat. 131 present homage shall not be 90. And be it enacted, That after the thirty-first After 31st Dec. 1841, day of December one thousand eight hundred and forty-one, it shall not be essential in any case to ment by the the validity of the admission of any person, as tenant of any lands held of any manor by copy of essential to court roll, or according to the custom of such the validity manor, that a presentment shall be made by the mission. homage assembled at any court holden for such manor of the surrender, will, or other instrument, or fact, in pursuance or in consequence of which such admission shall have been granted (a). of an ad 91. Provided always, and be it enacted, That Lords of where by the custom of any manor the lord of such manors in certain manor is authorized, with the consent of the homage cases not to of such manor, to grant any common or waste lands grant com (a) The sections 86-91, empowering the lord to hold customary courts, although no copyholder is present, and facilitating admissions, will be a great practical benefit to the copyhold tenant as well as to the lord himself. Before this Act, it was often impossible to assemble the homage, and a customary court could not be held unless two copyholders (at the least) were present. mon or waste lands of such manor to be holden of the lord by copy of without the manor. consent of court roll, nothing in this Act contained shall opehomage of rate to authorize or empower the lord to grant any such common or waste lands without the consent of the homage assembled at a customary court holder for such manor, nor shall any court holden for such manor be deemed or taken to be a good or sufficient customary court for such purpose, unless the same shall have been duly summoned and holden according to the custom of such manor in such cases used and accustomed before the passing of this Act, and unless there shall be present at such court a sufficient number of persons holding lands of such manor by copy of court roll to constitute according to such custom a homage assembled at such court. Power to lords to grant li censes to alienate their an 92. And whereas by the custom of certain manors the lords are restrained from granting licenses to their tenants to alien their ancient tenements othertenants to wise than by entireties; be it enacted, That from and after the passing of this Act it shall be lawful cient tene- for any tenant of any such manor, by and with the portions, license of the lord of the manor, or the steward where they thereof, (which license such lord is hereby authostrained by rized to give, or to empower the steward to give, by the custom any writing under his hand, to be afterwards entered ments in are now re from so doing. upon the rolls of the manor,) to dispose of his ancient tenement, or any part thereof, by devise, sale, exchange, or mortgage, in such parcel or parcels as he shall think proper, but subject to the payment of such portion or portions of the yearly customary lord's rent payable for the whole of such ancient tenements as shall be set and apportioned upon such parcel or parcels by the lord of the manor of which such ancient tenement is holden, or his steward, or the deputy of such steward; and such parcel or parcels shall, except so far as the tenure or descent thereof shall be affected by this Act (a), be held of the lord of the same manor in all respects, and shall be from time to time conveyed in such manner, as any such original tenement has by custom been held and conveyed. &c. not 93. And be it enacted, That no agreement, award, Awards, schedule of apportionment, or power of attorney, liable to made or confirmed or used under this Act, shall be stamp chargeable with any stamp duty. duties. 94. And be it enacted, That if any person under False evithe provisions of this Act shall wilfully give false dence to be evidence he shall be deemed guilty of perjury; and perjury. deemed dence a if any person shall make or subscribe a false affidavit or declaration for the purposes of this Act he shall suffer the penalties of perjury; and if any person shall wilfully refuse to attend in obedience to any lawful summons of any commissioner or assistant Withholdcommissioner, or to give evidence, or shall wilfully ing evialter, withhold, destroy, or refuse to produce any misdebook, deed, contract, agreement, account, or writing, terrier, map, plan, or survey, or any copy of the same, which may be lawfully required to be produced before the said commissioners or assistant commissioner, he shall be deemed guilty of a misdemeanour. meanour. 95. And be it enacted, That no action or suit Limitation of actions shall be commenced against any commissioner, against assistant commissioner, justice of the peace, valuer, commisumpire, or surveyor, for any thing done under the sioners, as (a) The word "land" is declared by the interpretation clause (p. 137,) to include lands holden of any lord of a manor, in ancient demesne. sistant commis sioners, justices, &c. Proceed this Act authority of this Act, until twenty-one days notice thereof shall have been given in writing to the party against whom such action or suit is intended to be brought, or after sufficient satisfaction or tender of amends shall have been made to any party aggrieved, or after three calendar months shall have expired from the commission of the Act for which such action or suit shall be so brought; and every such action shall be brought, laid, and tried in the county or place where the cause of action shall have arisen, and not in any other county or place; and if it shall appear that such notice of action or suit was brought before twenty-one days notice thereof given as aforesaid, or that sufficient amends were made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before limited in that behalf, or such action shall be laid in any county or place other than as aforesaid, then the jury shall find a verdict for the defendant therein, or the court, upon summary application by motion in any such suit, may dismiss the same against such defendant; and if a verdict shall be found for such defendant, or such suit shall be dismissed upon application as aforesaid, or if the plaintiff in such action or suit shall become nonsuit, or suffer a discontinuance of such action, or if upon any demurrer in such action or suit judgment shall be given for the defendant therein, then such defendant shall have costs, charges, and expenses as between attorney and client. 96. And be it enacted, That no order, adjudicaings under tion, or proceeding made or had by or before the said commissioners or any assistant commissioner under the authority of this Act, or any proceeding to not to be quashed form, nor removed by be had touching any offender against this Act, shall for want of be quashed for want of form, or be removed or removeable by certiorari or any other writ or process certiorari. into any of her Majesty's courts of record at Westminster or elsewhere. way or provisions of this Act 97. And be it enacted, That the provisions of Certain this Act enabling tenants to grant rights of entry and other easements to the lord of the manor to extend in or upon and through their respective lands for to crown mining purposes; for enabling courts of equity to lands (a). decree a partition of lands of copyhold or customary tenure; for enabling lords of manors or their stewards to hold customary courts although no copyhold tenant be present, and for enabling lords or their stewards to make, out of the manors and out of court, grants of lands to be held by copy of court roll; for enabling lords or their stewards to grant admissions out of the manors and out of court; and for requiring every surrender, will, and codicil, a copy of which shall be delivered to the lord or steward, and every fact proved to the lord or steward at any court whereat a homage shall not be assembled, to be forthwith entered on the court rolls; and determining that presentment by the homage shall not be essential to the validity of an admission, shall extend and apply to manors or lands vested in her Majesty in right of her crown and the duchy of Lancaster, and to any enfranchisement of lands held of such manors to be effected under the powers given by any existing Act or Acts of parliament, (a) The only provisions of this Act which extend to Crown manors and land are those which relate to the improvement of the tenure; no facility is given for commuting or enfranchising these lands. The duchy of Cornwall is entirely exempted from the operation of this Act (sect. 99). manors and |