Enfranchisement. in cases of persons having limited interests, and where all or twelve or more of the tenants of a manor agree for such commutation (s. 52). 2dly. As to enfranchisement (k). In addition to its ordinary signification, of converting copyhold property into freehold tenure, enfranchisement is declared by the Act (sect. 102), to extend to and include the discharge of freehold lands from heriots and other manorial rights. The powers and facilities given by the Act for enfranchising, are much the same as in cases of voluntary commutation. The lords or tenants, whatever may be their interests, may enfranchise, but where any party has only a limited estate, notice is to be given to the person in remainder or reversion; and if such remainder-man or reversioner is under disability, or beyond the seas, then notice is to be given to the guardian, trustees, committee of the estate, husband or attorney (as the case may require), or in default thereof, or if the person entitled is unknown, the commissioners are to appoint some fit person to whom such notice is to be given. A guardian may at any time be appointed by the Court of Chancery, without a suit, on petition.Seton on Decrees, p. 278, and Macpherson's Law of Infants, p. 104. A committee of the estate of a lunatic cannot be appointed, until he is so found by inquisition. When so found, a petition is pre (k) This word is derived from the French, enfranchir, to make free; so when a villain was released from his duties to his lord, he was said to be enfranchised.-Jacob's Law Dictionary. sented to the Lord Chancellor for that purpose.— Shelford on Lunatics, 627. It seems, however, that for the purpose of any enfranchisement or commutation under this Act, no guardian or committee need be appointed; and that should there be none, the commissioners themselves may name any person, whom after due inquiry they shall think fit, and substitute such person for the infant or lunatic. The Act does not state what evidence of lunacy the commissioners are to deem sufficient; but, it is apprehended, they will not require that the alleged lunatic should be so found by inquisition. The enfranchisement may be effected by a simple conveyance; or if all the tenants, or as many as twelve of the tenants of a manor, or of a portion of a manor declared by the commissioners to be considered as a manor, agree, it may be done by a schedule of apportionment, which is to be confirmed by the commissioners. Where a fine or other manorial rights would not become due until some future event, a portion of the enfranchisement may be postponed till that event. Tenants may charge their lands, by mortgage for a term, with the enfranchisement consideration, to any person willing to advance the money; but until the consideration for enfranchisement is paid to the lord and steward, it is to remain a charge on the land as a mortgage in fee. Immediately after the enfranchisement, the land is to become in all respects of freehold or common socage tenure; but all rights of common are to remain attached to the freehold, as if no enfranchisement had taken place. Custom of In the county of Kent, the custom of Gavelkind gavelkind. is not to be affected; so that, where the copyhold Expenses. Commission. land enfranchised did, before such enfranchisement, descend according to the custom of gavelkind, (that is to say, to all males of equal degree, equally,) it is still so to descend after it has become freehold by the enfranchisement; and indeed so far from there being any thing repugnant to the qualities or incidents of a freehold, in such a custom being preserved, it may be here observed, that gavelkind land in the county of Kent, generally speaking, is of freehold tenure, and that where, in copyholds, an analogous custom prevails, it is an exception to the rule, and strictly is not gavelkind land, but "copyhold land held according to the custom of gavelkind." All expenses attending commutation or enfranchisement are, (with the exception of those of the commissioners and assistant commissioners,) to be paid by the parties enfranchising or commuting respectively, and, where parties have limited interests, may be charged on the land. The commissioners appointed to carry the Act into execution are the present Tithe Commissioners, William Blamire, Esq., Captain Wentworth Buller, and the Rev. Richard Jones. Analytical Digest OF THE ACT 4 & 5 VICT. c. 35. The Clauses with the Letter [C.] prefixed to them refer to Commutation, and those with the Letter [E.] to Enfranchisement; the Clauses with [C. & E.] prefixed refer to both. Preamble, and Appointment of Commissioners. SECT. 1. After reciting that it is expedient to provide the means for an adequate compensation for the rents, fines, and heriots payable in respect of lands of copyhold and customary tenure and of other lands subject to such payments, or any of them, and for facilitating the voluntary enfranchisement of such lands, and for improving such tenure, it is enacted, That "The Tithe Commissioners for England and Wales" for the time being shall be the commissioners for carrying the Act into execution, and that should the Act not be carried into execution before the tithe commissioners cease to act, other commissioners may be appointed, &c., with power to supply vacancies. 2. Style of Commissioners, Seal, &c. Enacts that the commissioners shall be styled "The Copyhold Commissioners," and shall have their office and seal, and that instruments sealed are to be received in evidence, &c. 3. Report to Secretary of State, &c. Commissioners to report to secretary of state, and annual report to be laid before parliament. D [C. & E.] [C.] [C.] SECT. 4. Assistant Commissioners, &c. Power to appoint and remove assistant commissioners, secretary, &c. 5. No Commissioners or Assistant Commissioners to sit in House of Commons. 6. Operation of Act as to Appointments limited to five years. 7. Salaries and Allowances of Commissioners, 8. To be paid out of Consolidated Fund. Commissioners and assistant commissioners to make declaration before acting. 10. Commissioners may delegate Powers to Assistant Commissioners. 11. Disabilities of lords or tenants provided for. 12. Power to appoint Attorney. An attorney may be appointed, and at the first meeting the power, or a copy, shall be delivered to the chairman. 13. Power to call a Meeting, &c. Any lord or lords whose interest shall not be less than one fourth of annual value of manor, or any tenant or tenants to the number of ten, or, when there shall not be so many tenants as ten, then one half of the tenants of the manor may call a meeting of the lords and tenants (by notice to be affixed twenty-one days before the meeting on principal outer door of church of parish within the limits of which the manor or greater part in value extends, or on door or conspicuous part of some house or building where courts usually held, and twice advertised in some newspaper, or once in each of two newspapers published in successive weeks generally circulated in the county), for the purpose of making an agreement for the general commutation of the rents, fines, and heriots thereafter to become due in respect of lands holden of such manor, and of the lord's rights in timber; and every lord or tenant present at such meeting |