acquire by reason of escheat, or otherwise, shall afterwards be granted by copy of court roll. 15. No land, which has not already been held as copyhold, shall hereafter be granted by copy of court roll. 16. Where any doubts may be entertained re- Copyholds. specting the identity or boundaries of freehold and copyhold lands, intermixed or adjoining together, and held in fee-simple, either by the same person or by different persons, the lord of the manor, at he request and expense of the owner or owners of the lands, shall cause a map and survey of the lands to be made and reduced into writing, and roduced at the next or any subsequent customary court; and, at the same or any subsequent court, after such map and survey shall have been examined by the homage, and such evidence shall have been produced as the homage may think proper to require, the lord of the manor or his steward, and the person or persons entitled to such freehold and copyhold lands, by an agreement in writing, may determine what part of the lands, comprised in such map and survey, are the copyhold lands, and what part freehold; and such agreement, when approved by the homage, shall be entered in the court rolls, and thereupon the lands described as copyhold in such agreement shall be copyhold, and the other lands of the copyholder, comprised in the said map or survey, shall be freehold; and such agreement shall be valid, notwithstanding the lord of the manor may be entitled only to a partial estate in the manor, or may be wrongfully in possession thereof. 17. Where the freehold of any tenement held by copy of court roll has been, or may be, separated from the manor, the copyhold shall afterwards pass by surrender and admission, as if the tenement continued parcel of the manor; and, for the purposes of this Proposition, the freeholder shall be considered as the lord. 18. A Customary Court for taking surrenders and granting admissions of copyhold tenements, and for other proceedings relating to the conveyance thereof, may be held by any lord of the manor, or his steward, notwithstanding there may be no longer two copyhold tenements of the manor, and although no copyhold tenant be present. 19. Any person may surrender his copyhold tenement, by executing, either in or out of the manor, a deed attested by two witnesses, expressing the surrender thereof, and by the delivery of such deed to the lord or steward, either within or out of the manor; and the lord, or steward, shall give an acknowledgment of such delivery, and shall enter the deed in the court rolls. 20. The lord or steward of any manor may grant seizin of any copyhold tenement, and admit any person thereto at any time, and at any place out of court, either within or out of the manor, and shall enter such admission on the court rolls. 21. The lord or steward of a manor receiving any deed of surrender, shall be bound to give, to the person delivering the same, notice in writing of any prior surrender of the same tenement, which he shall not have entered on the court rolls. 22. A copyholder may let his copyhold tenement, or any part thereof, for any term of years not exceeding 21 years, in possession, at rack rent, without the license of the lord; and every such lease shall be valid and effectual, so far as the interest of the copyholder shall extend; and such lease shall not entitle the lord to a fine. 23. All copyhold tenements shall be subject to debts and specialties, in the same manner as freehold lands (d). Freeholds. 24. The several propositions relating to copyhold Customary tenements shall, so far as they may be applicable, extend to customary freeholds. As to a compulsory enfranchisement, the commissioners say (e), "We are obliged to confess that, after deep deliberation, we have not been able to discover any means of speedily attaining so desirable an object. In examining the different cases to be provided for, we have found the difficulties great in proportion as the necessity for the change is urgent. "We have been obliged to reject all the plans suggested to us for the compulsory abolition of copyhold tenure, and we consider it unnecessary to discuss them in detail. It appears to us that they would either work injustice, or that they would introduce complicated, expensive, and inefficient machinery for adjusting the claims of the lord and tenant. These vary so much according to the customs of different manors, that no general rule can be laid down respecting them, and copyhold tenements being generally of small value, they could not afford the expense of the appointment of commissioners to regulate the terms of enfranchisement, or the ex (d) This is provided for by 3 & 4 Will. IV. c. 104.; and greater facilities are given to judgment creditors to obtain satisfaction, by 1 & 2 Vict. c. 110., and 3 & 4 Vict. c. 82. (e) Third Real Property Report, p. 17. Bill of 1835. Bill of 1839. pense of a trial by jury to ascertain the amount of compensation. "In the few instances in which the fine is certain, and the tenant is entitled to the timber and minerals, and privileged to commit waste, it might be easy to lay down a rule by which the fine might be converted into a periodical payment, charged on the tenement as a rent; but in general there could not be a just compulsory enfranchisement without a specific and particular valuation of each tenement, and of the lord's interest in it. "It must likewise be recollected, when compulsory enfranchisement is considered, that the pecuniary circumstances of many individuals may render the advance of money highly inconvenient; that a portion of the tenement to be allotted to the lord by way of compensation would generally be too minute to be of any value; and that there would be great difficulty in apportioning compensation among all who, in possession or remainder, might be entitled to share it, and in securing small sums to meet future contingent interests." It will be observed that the Commissioners do not advise a compulsory enfranchisement, but merely that facilities should be given to persons having limited interests, and others who may be desirous of enfranchising. A bill was brought in by Sir John Campbell and Dr. Lushington in 1835 for this purpose, but was thrown out. The Tithe Commutation Act having been found to work well, it was proposed to take the benefit of their machinery for the purpose of enfranchising copyholds; and in March, 1839, a bill "For the Enfranchisement of Lands of Copyhold and Customary Tenure, and other Lands subject to Manorial Rights," was prepared and brought into the House of Commons by Mr. James Stewart. In this bill, for the first time, a compulsory enfranchisement was proposed. chise By the 38th clause it was enacted, That after Compulsothe first day of August, one thousand eight hundred ry enfranand forty-two, the commissioners shall proceed in ment (ƒ). manner hereinafter mentioned, at such time and in such order as to them shall seem fit, either by themselves or some assistant commissioner, to ascertain the total sums to be paid for the enfranchisement of the lands in the manors in which no agreement binding on the lord and tenants as aforesaid shall have been made and confirmed as aforesaid : Provided nevertheless, that if any proceeding shall be had towards the making and executing any such agreement after the commissioners shall have given or caused to be given notice of their intention to act as aforesaid in such manor, the commissioners may, if they shall think fit, refrain from acting until the result of such proceedings shall appear. from steward. Clause 39 enacted, That in every case in which Commisthe commissioners shall intend proceeding towards sioners to require insuch enfranchisement, they shall require the steward formation of the manor, or the lord, where there shall be no steward, to furnish them with a particular or schedule as or to the effect herein before required to be furnished in the case of voluntary enfranchisement for the purpose of apportionment, and which shall contain a statement of the claim which such steward makes for compensation on such intended enfranchisement, and also such further information as the (f) Mr. Stewart is still an advocate for a compulsory enfranchisement, and, it is said, intends bringing in a bill next session for that purpose. |