Mortgagee in possession may compel enfranchisement. Land held in undivided shares. Every tenant after Decem ber 31st, 1887, entitled to receive notice As already mentioned in connection with voluntary enfranchisement, a surrenderee by way of mortgage under a surrender entered on the court rolls in possession, or in the receipt of the rents and profits, is deemed to be a tenant for certain purposes, and he may require or join in obtaining and effecting an enfranchisement and may redeem an enfranchisement rent-charge, subject to the approbation of the Board of Agriculture, and any money which he pays for any of these purposes may be added to the amount of his mortgage (f). But a mortgagee not in possession cannot require enfranchisement (g). The statutory provisions as to compulsory enfranchisement do not extend to "any copyhold lands held for a life or lives or for years, where the tenant thereof hath not a right of renewal" (h). If land is held in undivided shares the person who is for the time being in receipt of at least two-thirds of the value of the rents and profits is entitled to compel the enfranchisement of the land (i). In manors where the fines are certain and it is the practice for the copyholders in fee to grant derivative interests to persons who are admitted as copyholders of the manor in respect of such interests, the person admitted or enrolled in respect of the inheritance may compel the enfranchisement of the tenement (). The Act of 1887 contains special provisions relating to enfranchisements in these manors which will be mentioned later. It is provided by the Copyhold Act, 1887, that on the admittance or enrolment of any tenant after the 31st of December, 1887, the steward of the manor shall be bound, of his right to without any further charge, to give to the tenant so admitted or enrolled a notice in the form or to the effect following: enfranchise. "Take notice, that if you desire that the copyhold land which hold of this manor of (f) 15 & 16 Vict. c. 51, s. 43. (g) Ibid. s. 1. shall become free (i) 21 & 22 Vict. c. 94, s. 38. (k) 50 & 51 Vict. c. 73, s. 47. (h) Ibid. s. 48. hold, you are entitled to enfranchise the same upon paying the lord's compensation and the steward's fees. The lord's compensation may be fixed either by agreement between the lord and you or by any valuer appointed by yourselves, or through the agency of the Board of Agriculture, to whom you may make application if you think fit to effect the enfranchisement of your land." If the steward neglects to serve such notice he will not be entitled to any fee for that admission or enrolment (). The word "tenant," as used in this Act, comprises all persons holding lands subject to any manorial right or incident, and the term is in other respects to be interpreted as in the earlier Copyhold Acts (m). appoint The tenant may appoint an agent to act for him in Tenant may carrying out any of the provisions of the Copyhold Acts agent. as to enfranchisements or commutations. The appointment should be made by a power of attorney given in writing under the tenant's hand, and made in the form provided by sect. 39 of the Copyhold Act, 1858. It empowers the agent, in the name and on behalf of his principal, to concur in and execute any agreement or application or document arising out of the execution of the Copyhold Acts until the power is revoked by notice, under the tenant's hand, delivered to the Board of Agriculture. In the unlikely case of a corporation aggregate being the tenant, the documents would require to be under its common seal. The power of attorney, or a copy authenticated by the signature of two credible witnesses, must be sent to the office of the Board as soon as possible after it has been given (). The power of attorney is not chargeable with any stamp duty (0). If the tenant is under age or is a lunatic, or is under any other legal disability, or is beyond the seas, all acts and proceedings required or authorised by the Copyhold (7) Sect. 1. (n) 21 & 22 Vict. c. 94, ss. 39, 40. If the tenant is under legal disability. If the tenant is a married woman. If the tenant is a trustee. Death of tenant pending Acts to be done or taken by him in connection with enfranchisement or commutation may be done and undertaken on his behalf by his guardian or the committee of his estate or his duly appointed trustee or attorney, as the case may be, and in default thereof, or in the event of the tenant or other person interested in the property being unknown, the Board will, on application being made to them, nominate a person to act as substitute for him (p). Where a married woman is tenant of any land or right of copyhold or customary tenure, she may act in all matters or proceedings relating to enfranchisements or commutations under the Copyhold Acts as if she were a feme sole (q). A tenant who is a trustee is entitled to all the rights which are conferred, and subject to all the liabilities which are imposed, by the Copyhold Acts upon tenants in regard to enfranchisements or commutations, and where trustees are tenants, and one or more of such trustees are abroad or are incapable or refuse to act, any proceedings necessary to be done by such trustees for effecting an enfranchisement under the Acts may be done by the other trustee or trustees as the case may be (r). The death of any tenant after the commencement of any proceedings for enfranchisement or commutation under proccedings. the Copyhold Acts does not cause an abatement of the proceedings, and any fresh admittance or enrolment which may be necessary on account of such death is to be made without the payment of any fine, relief or heriot to the lord, it being provided that the proceedings are to be continued and the compensation ascertained on the same footing as if the enfranchisement or commutation had been effected immediately after the commencement of the proceedings (s). And, generally, it may be noted that all (p) 4 & 5 Vict. c. 35, s. 11; (s) 50 & 51 Vict. c. 73, s. 31. This section overrules the decision in Myers v. Hodgson, 1 C. P. Div. 609, that the lord is entitled under rights which these Acts confer, and all liabilities which they impose upon a tenant, may be enforced by or against his successors in title, unless a contrary intention appears (†). The person, whether lord or tenant, who requires en- Notice of franchisement or commutation must give notice to the desire to enfranchise. other of his desire that the land should be enfranchised How served. or that the manorial rights and incidents should be extinguished (u). The notice may be in writing or in print, or partly in either, and it is deemed to be sufficiently given if delivered to the person to whom it is addressed, or left at his usual or last known place of abode or business in the United Kingdom. If the notice is sent by post, it must be sent in a registered letter directed to the person who is to be affected by it by name at his place of abode or business as above mentioned, and if the letter is not returned undelivered, service is deemed to have been made at the time at which the registered letter would in the ordinary course have been delivered (x). It is also necessary to send a copy of the notice to the Board of Agriculture, with an endorsement thereon setting forth when, how, and upon whom the notice was served. Forms of the notices will be found in the Appendix. acceptance of Under the provisions of the Copyhold Act, 1887, the Notice of Board have to frame and publish such a scale of compen- scale of comsation for the enfranchisement of land from the manorial pensation fixed by and other rights and incidents, including heriots, dealt Board. with by the Copyhold Acts, as will in their judgment be fair and just and will facilitate enfranchisement, and it is now necessary for the person requiring enfranchisement to state to the other whether or not he is willing to adopt the Board's scale (y). A print of the latest scale issued by the Board will be found in the Appendix. When the notice of desire to enfranchise is given by the the second proviso of sect. 1 of 15 & 16 Vict. c. 51 to a fine on such fresh admittance. (t) 50 & 51 Vict. c. 73, s. 38. (u) 21 & 22 Vict. c. 94, s. 8; 50 & 51 Vict. c. 73, s. 7. (x) 50 & 51 Vict. c. 73, s. 36. Compulsory proceedings may be lord, it must be signed by himself or his duly appointed agent or attorney, or by the steward of the manor on his behalf, and when the notice is given by the tenant it must be signed by himself or his duly appointed agent or attorney (z). It may be mentioned here that notwithstanding the compulsory provisions of the Copyhold Acts, the lord has suspended in power in certain cases and under certain conditions to stop stopped or certain cases. enfranchisement proceedings which have been commenced by a tenant. Thus, if he can show to the satisfaction of the Board of Agriculture, that any change in the condition of the land proposed to be enfranchised will prejudicially affect in enjoyment or value his mansion house, park, gardens, or pleasure-grounds, and that such change would be prevented by the incidents or conditions of the tenure of the land if it remained unenfranchised, he may offer in writing to purchase the tenant's interest in the land. If the tenant does not accept such offer within twenty-eight days after notice thereof has been given to him, the land is to remain unenfranchised, unless the Board of Agriculture think fit to impose terms and conditions which in their opinion will be sufficient to protect the interests of the lord on enfranchisement. If the tenant within twenty-eight days after receiving notice of the lord's offer intimates to the Board in writing his acceptance of the offer, then the offer and acceptance are binding upon both lord and tenant. Thereupon the Board will fix a time within which the parties can agree on the value of the rights and interests of the tenant, but failing agreement, the Board may appoint a valuer for the purpose of ascertaining such value, or they may refer the question of value to any valuers who may have been already appointed in the matter of the enfranchisement. When the value has been agreed upon or ascertained, the Board will issue a certificate under their seal specifying the land (z) 21 & 22 Vict. c. 94, s. 8; 50 & 51 Vict. c. 73, s. 33. |