Provided as follows: (i.) Nothing in this section shall affect the custom of gavelkind in the county of Kent; (ii.) Nothing in this section contained with respect to dower, freebench, or curtesy shall apply to any person married before the date at which the enfranchisement takes effect. This proviso is taken from sects. 79 and 80 of the Copyhold Act, 1841, and sect. 34 of the Copyhold Act, 1852. (d) The land shall be held under the same title as that under which it was held at the date at which the enfranchisement takes effect, and shall not be subject to any estate, right, charge, or interest affecting the manor; This sub-section repeats the provisions contained in sect. 64 of the Copyhold Act, 1841. (e) Every mortgage of the copyhold estate in the land shall become a mortgage of the freehold for a corresponding estate, but subject to any charge having priority thereof by virtue of this Act. This sub-section is taken from sect. 81 of the Copyhold Act, 1841. (2.) An enfranchisement shall not, except as in this Act mentioned, affect the rights or interests of any person in the land enfranchised under a will, settlement, mortgage, or otherwise, but those rights and interests shall continue to attach upon the land enfranchised in the same way as nearly as may be as if the freehold had been comprised in the instrument or disposition under which that person claims. This sub-section repeats the provisions to the like effect contained in sect. 81 of the Copyhold Act, 1841, and sect. 46 of the Copyhold Act, 1852. (3.) Where land is, at the date at which the enfranchisement thereof under this Act takes effect, subject to any subsisting lease or demise, the freehold into which the copyhold estate is converted shall be the reversion immediately expectant on the lease or demise, and the rents and services reserved and made payable on, and the conditions in, or in respect of, the lease or demise, shall be incident and annexed to the reversion, and the covenants or agreements, expressed or implied, on the part of the lessor and lessee respectively shall run with the land and with the E. с Exception for rights of common. Exception for mines and other rights. reversion respectively, and the enfranchisement shall not affect any right of distress, entry, or action accruing in respect of the lease or demise. This sub-section embodies the provisions which were contained in sect. 10 of the Copyhold Act, 1843, and sect. 44 of the Copyhold Act, 1852, as extended by sect. 41 of the Copyhold Act, 1887. See the Treatise, p. 415. 22. An enfranchisement under this Act shall not deprive a tenant of any commonable right to which he is entitled in respect of the land enfranchised, but where any such right exists in respect of any land at the date of the enfranchisement thereof it shall continue attached to the land notwithstanding the land has become freehold. This section repeats the provisions as to commonable rights contained in sect. 81 of the Copyhold Act, 1841, and sect. 45 of the Copyhold Act, 1852. As to the effect of a custom in a manor for the lord to make grants of portions of the waste to be held by copyhold tenure, where there has been a statutory reservation of rights of common on the enfranchisements of copyholds, see Ramsey v. Cruddas, (1893) 1 Q. B. 228. As to the effect of enfranchisement at Common Law, see the Treatise, pp. 248, 264. 23. (1.) An enfranchisement under this Act shall not without the express consent in writing of the lord or tenant respectively affect the estate or right of the lord or tenant in or to any mines, minerals, limestone, lime, clay, stone, gravel, pits, or quarries whether in or under the land enfranchised or not, or any right of entry, right of way and search, or other easement of the lord or tenant in, on, through, over, or under any land, or any powers which in respect of property in the soil might but for the enfranchisement have been exercised for the purpose of enabling the lord or tenant, their or his agents, workmen, or assigns, more effectually to search for, win, and work any mines, minerals, pits, or quarries, or to remove and carry away any minerals, limestone, lime, stones, clay, gravel, or other substances had or gotten therefrom, or the rights, franchises, royalties, or privileges of the lord in respect of any fairs, markets, rights of chase or warren, piscaries, or other rights of hunting, shooting, fishing, fowling, or otherwise taking game, fish, or fowl (a). Provided that the owner of the land so enfranchised shall, notwithstanding any reservation of mines or minerals in this Act or in the instrument of enfranchisement, but without prejudice to the rights to any mines or minerals, have full power to disturb or remove the soil so far as is necessary or convenient for the purpose of making roads or drains or erecting buildings or obtaining water on the land (b). (a) This portion of the sub-section repeats the similar provisions of sect. 48 of the Copyhold Act, 1852. See Kerr v. Pawson, 25 Beav. 394; and Pretty v. Solly, 26 Beav. 606. (b) The proviso re-enacts the provisions of sect. 14 of the Copyhold Act, 1858. (2.) A steward shall not, without special authority, have power to consent on behalf of a lord under this section. This sub-section repeats the provisions to the like effect contained in sect. 33 of the Copyhold Act, 1887. As to the right of the steward generally to represent the lord in enfranchisement proceedings, see sect. 47 of this Act: and as to his power to hold customary courts, to make grants of copyhold out of the manor and out of court, and to admit to copyholds, see sects. 82, 83, and 84 of this Act respectively. A steward cannot, however, grant licence to a copyhold tenant to alienate his ancient tenement unless he is authorised in writing by the lord to do so: see sect. 86, post. tenant to grant ease 24.-(1.) On an enfranchisement under this Act there Power for may be reserved or granted, with the consent of the tenant, to the lord any right of way or other easement in the land ments to lord. enfranchised for more effectually winning and carrying away any mines or minerals under the land. (2.) The easement must be reserved by the award or granted in the deed of enfranchisement. This section repeats the provisions of sect. 84 of the Copyhold Act, 1841. PART IV.-PROVISIONS AS TO CONSIDERATION MONEY, Consideration Money. 25. The receipt of any person for any money paid to Power to give him in pursuance of this Act shall be a sufficient discharge receipts. for the money, and the person paying it shall not be bound to see to the application or be liable for the misapplication or loss thereof. This section embodies provisions to the like effect contained in sect. 78 of the Copyhold Act, 1841, and sect. 25 of the Copyhold Act, 1887. For a form of receipt for compensation money, see the Treatise, p. 489. Payment of enfranchisement money. 26.-(1.) Money payable under this Act as the compensation or consideration for an enfranchisement may, subject to the other provisions of this Act, be paid to the lord for the time being. Provided that where any money is payable in pursuance of this section to a lord having only a limited estate or interest in the manor, the Board of Agriculture— (a) if the money exceeds the sum of twenty pounds for all the enfranchisements in the manor, shall direct it to be paid into Court or to trustees in manner provided by this Act; and (b) if the money does not exceed the sum of twenty pounds for all the enfranchisements in the manor, may direct it either to be paid in manner aforesaid, or to be retained by the lord for his own use, as in their discretion they think fit. This sub-section embodies the provisions to the like effect contained in sects. 59, 73, 74, and 75 of the Copyhold Act, 1841, and sects. 39 and 40 of the Copyhold Act, 1832. Sect. 32, post, deals with the payment of money into Court or to trustees. (2.) If a lord refuses to accept any money payable to him under this section the money shall be paid into Court or to trustees in manner provided by this Act. This sub-section repeats the provisions of sect. 13 of the Copyhold Act, 1858. (3.) If any money in respect of the compensation or consideration for an enfranchisement is paid to a lord whose title afterwards proves to be bad or insufficient, the rightful owner of the manor or his representative may recover the amount from the person to whom it was paid, or his representative, with interest at the rate of five pounds per cent. per annum from the time of the title proving to be bad or insufficient. This sub-section re-enacts the provisions of sect. 47 of the Copyhold Act, 1852. (4.) If any principal money is paid for enfranchisement to a person who is not entitled to receive it under the provisions of this Act, the land enfranchised shall continue to be charged with the payment of the money in favour of the person entitled: Provided that the person entitled to the land may recover the money as against the person who wrongfully received it. This sub-section repeats the provision of sect. 76 of the Copyhold Act, 1841. (5.) If any dispute arises as to the proper application, appropriation, or investment under this Act of any money payable in respect of an enfranchisement, the Board of Agriculture may decide the question, and their decision shall be final. This sub-section repeats the provisions to the like effect contained in sect. 75 of the Copyhold Act, 1841. Rentcharges. 27. The following provisions shall apply to every rent- Payment of charge created under the provisions of this Act : (a) The rentcharge shall be payable half-yearly on the first day of January and the first day of July in every year : (b) The first payment of a rentcharge shall be made on (d) The rentcharge shall be deemed to be granted to rentcharges under Act. |