Voluntary commutation. of the commissioners appointed under the Act, compulsory on all the lords and tenants of such manor. Power is also given to any lord, and any one or more of the tenants, to effect, by special agreement, a commutation wholly voluntary, of any of these rights, or of any other of the lord's rights, such as escheats, waifs, fairs, markets, &c., affecting the lands included in the agreement.* These latter rights may be inserted in a compulsory agreement, but in that case every lord and tenant interested in them must be parties to it.t Supplemental The Act also enables lords and tenants to and substituted effect a supplemental agreement of any rights commutations. not included in any former commutation, or to The lord's commuted for substitute one kind of commutation for another already effected.‡ The rights of the lord may be commuted 1. For the payment of an annual rent-charge, rights may be and a small fixed fine on death or alienation, an annual rent- not exceeding 5s.; such rent-charge, when above 20s., being variable with the price of corn, on the same principle as tithe rent- charge. || charge, and small fixed fine; or for a fine, payable in the value of corn, on death, or alienation, or other event, to be specified in the agreement. Or, 2. For the payment of a fine on death or alienation, or any other contingency, and at any fixed period or periods, to be agreed upon by the parties, and also to be valued in corn when exceeding 20s.T In both cases the amount of the payment may be made subject to increase or diminution by a given amount per centum, to be provided for in the agreement, and specified in the apportionment.** The parties are also enabled t† to fix such terms for the commencement and apportionment of the rent-charge, whether agreed for in a gross • §§ 52, 82. | §§ 14, 36. ** § 37. $ § 54. ++ §§ 14, 15. * ments must be amount, or separately, and for defining the events or contingencies on which any fines are to be payable, or varied, as they may see fit. But every agreement, and apportionment,† Agreements must be confirmed by the commissioners. The and apportionform of the agreement, and all other forms, are, confirmed by to be under the direction of the commissioners, the commisand generally throughout the Act provisions sioners. are made for a reference to them, and for subjecting all proceedings to their guidance and control. The parties to an agreement are required || Valuers to be to appoint valuers, by whom all the valuations appointed. and other details of the commutation are to be effected. If they do not appoint within six months after the confirmation of the agreement, the commissioners are empowered to appoint the valuers, who are required to take instruc tions in every case from the commissioners. ** Steward to furThe steward of the manor is also specially re- nish informaquired ++ to furnish, on the request of the tion. valuers, or any of them, or of the chairman of any meeting, or of any three tenants of the manor, such necessary information, within such period, and in such manner, and to such extent as the commissioners shall direct, as he can procure and produce without prejudice to the rights and interests of the lord. Provisions are also inserted requiring him to produce such statements for inspection, and furnish copies at the expense of the parties, his rights and interests being fully protected throughout the Act. circumstances The 28th clause defines the principal points Valuers to take which the valuers must attend to, and they are the particular required to take the particular circumstances of each case of every case into consideration. Their schedules into conside tion. § 23. ¶§ 38. + § 32. # §§ 19, 20. || § 24. Deposit and inspection of schedules. General provisions. are to be deposited within the manor for inspection, and a meeting is to be convened for hearing and deciding objections. The commissioners' schedules of apportionment are also† to be deposited for inspection, and power is given to correct errors at any period before the confirmation, copies of every confirmed apportionment being ultimately deposited with the steward and clerk of the peace. Provisions are likewise inserted for defining boundaries, and settling disputes, with a power of appeal to the superior courts, as also for executing a provisional agreement, calling and adjourning meetings, giving notices, requiring consents, providing for expenses, and recovery of rent-charge and fines. These provisions are Similar tothose either wholly taken, or adapted to the subjectin Tithe Com- matter of this Act, from the Act for the Commutation Act, mutation of Tithes in England and Wales; the 6 & 7 W. IV, Tithe Commissioners and their assistant commissioners, officers and establishment, being selected as the medium through which this Act is to be carried into effect. c. 71. How lands are after com pass mutation. lished. After the completion of the commutation, the to be held and lands are still to be held of their respective manors by copy of court roll, and pass by surrender and admittance, or by the customary mode of conveyance, as the case may be.‡ But Customs abo- they are to cease to be subject to the customs of Borough English or Gavelkind (except in Kent, or any other customary mode of descent, or custom relating to dower, freebench, or by the curtesy; and thenceforth the laws of descent, subject to law dower, and curtesy, relating to lands of free and common socage, are to affect such lands. curtesy, as in The provisions as to curtesy, dower, or freetenure of free bench, are not to extend to husbands or widows, married before the final confirmation of the Lands to be of descent, dower, and and common socage. apportionment, or execution of the deed of voluntary commutation, nor to the rights of the husband or widow of any tenant existing at the period of such confirmation. The effect of these provisions seems to be the introduction of a somewhat new and anomalous tenure; or perhaps it may reasonably be called a retaining of copyhold and customary tenure, but a change of the conditions or incidents to which such tenure was previously liable. In any case it is a highly beneficial approach to a uniform freehold tenure. II. Provisions for facilitating enfranchisements. lands by sche By the 56th clause lords of manors are en- Power of voabled with the consent of the commissioners, to luntary enfraneffect voluntary enfranchisements, with all or chisement of any of their tenants; and when the number dule of apporof tenants parties to such agreement amounts tionment; to twelve, or more, the enfranchisement may be effected by an apportionment, in the manner pointed out in this clause.* The agreement is required to include compensation to the steward, when he holds his office by patent, or other instrument, for life, or during good behaviour. Where the number of tenants, par- or by other ties to the agreement, is less than twelve, or means. wherever the parties see fit, the enfranchisement may be effected† with the consent of the commissioners, by such mode as might have been adopted if the lord were seised of the manor for an absolute estate of inheritance in fee simple in possession. The great advantage of these powers consists Legal disabiliin their enabling the lord of a manor to enfran- ties removed. chise "whatever may be his estate or interest therein;" ample powers for meeting cases of These apportionments are exempt from stamp duty. See note to § 93, post. † § 57. Tenure of enfranchised lands to be freehold. Power to grant right of way, &c. for mining purposes. Power to effect partition of copybolds, &c. legal disabilities, and acting by agents, being contained in the Act.* Other provisions are inserted, empowering the commissioners in certain cases to satisfy themselves as to title, and enabling the tenants to defer payment of consideration for enfran chisement; also for meeting expenses, and payment of consideration money where the lord is tenant for life, or under legal disabilities.† After the completion of any enfranchisement, the land included in it is to become of freehold tenure, subject to the consideration agreed for the enfranchisement; the tenants' right of common, and existing limitations affecting the land, being reserved and protected. III. Improvement of tenure. The 84th to the 92d clauses, inclusive, contain the provisions for the improvement of the tenure of copyhold and customary lands. Many of these provisions have long been called for, and all will be felt, by those who are interested in such lands or their management, to be of great practical use. The 84th clause, however, extends only to cases where commutation or enfranchisement has been effected, and where there has been a reservation of the lord's right in mines and minerals. In such cases this clause enables the tenants to grant to the lord such right of entry and way, and other easements, as may be necessary to the full exercise and enjoyment of the reserved rights. The 85th clause, after reciting doubts as to the power possessed by courts of equity to effect a partition of lands of copyhold or customary tenure, confers that power, and authorizes the §§ 11, 12. † §§ 58 to 78 inclusive. # § 81. |