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(4 & 5 VICT. c. 35)
OMMUTATION OF CERTAIN MANORIAL RIGHTS
JOHN MEADOWS WHITE, Esq.
So large a portion of the public is interested in land of copyhold or customary tenure, that an edition of the Act for facilitating the Commutation and Enfranchisement of Manorial Rights, and Improvement of that Tenure, with a plain explanation of its general scope and provisions, will probably be found useful. My object has been to place the subject in a simple or popular point of view, divested of legal technicalities; and I have in the present instance done so with the greater confidence, more than 11,000 copies having been sold of an edition of the Tithe Acts published by me in a similar form. The fact of the legislature having intrusted the working of this Act to the Tithe Commissioners, and of nearly two thirds of the clauses being taken or adapted from the Tithe ct, has been a further reason for the present publication.
I trust this explanation will be a sufficient excuse to any professional reader who may look for comments of a more legal or substantial nature than it would suit the purpose I have in view to put forth.
35, Lincoln's Inn Fields:
J. M. W.
This edition has been delayed till the Forms settled by the Commissioners could be added.
LXX-LXXVIII. Provisions for charging Land with
consideration for Enfranchise
ment, and to whom to be paid
LXXIX, LXXX. Tenure of Land after Commuta
LXXXII-LXXXIV. Rights, &c., not commuted by
LXXXV-XCII. Improvement of Tenure
XCII-CII. Miscellaneous clauses. Crown
ACT, &c. 4 & 5 VICT. c. 35.
PASSED 21st JUNE, 1841.
INTRODUCTION AND ANALYSIS.
GENERAL SCOPE OF THE ACT.
THE three principal objects of this Act are
1st. The commutation of certain manorial rights in respect of lands of copyhold and customary tenure, and in respect of other lands subject to such rights.
2dly. The facilitating the enfranchisement of such lands.
3dly. The improvement of such tenure.
I. The commutation of certain manorial rights, &c.
Rights which The rights which may be the subject of a may be made compulsory manorial commutation are rents, compulsory the subject of reliefs and services (not being service at the commutation. lord's court), fines, heriots, or money payments
in lieu thereof; and the lord's rights in timber.* Also mines and minerals, if expressly commuted. Mode of effectThe mode of effecting this commutation is by ing commutaan agreement to be entered into at a meeting tion. of the lords and tenants of any manor, to be
called in the way prescribed by the Act.† How far comAs soon as this agreement is signed by any pulsory. lords or tenants whose interests shall not be less than three fourths in value of such manor and lands and by three fourths in number of the tenants, it is, on receiving the confirmation † § 13.
• See §§ 13 and 102.