Apportionment of rentcharge.

able by the like remedies as are provided by section forty-four of the Conveyancing and Law of Property Act, 1881, in respect of rentcharges created after the commencement of that Act. Provided that an occupying tenant, who properly pays on account of a rentcharge any money which as between him and his landlord that tenant is not liable to pay, shall be entitled to recover from the landlord the money paid, or to deduct it from the next rent payable by the tenant; and an intermediate landlord who pays or allows any sum under this provision may in like manner recover it from his superior landlord, or deduct it from his rent.

Sub-sections (a) and (b) repeat the provisions contained in sect. 15 of the Copyhold Act, 1887. See the Treatise, p. 399.

Sub-section (c) embodies provisions to the like effect contained in sect. 7 of the Copyhold Act, 1843, sect. 33 of the Copyhold Act, 1858, and sect. 19 of the Copyhold Act, 1887, but the words "any charge having priority by statute" did not occur in any of the earlier Acts. It was provided by the Act of 1858 that a rentcharge under the Copyhold Acts was to take priority over all previous incumbrances, excepting tithe rentcharges and any landdrainage charges or rentcharges created by virtue of the LandDrainage Acts.

Sub-section (d) re-enacts the provisions contained in sect. 2 of the Copyhold Act, 1843, and sect. 31 of the Copyhold Act of 1858.

Sub-section (e) repeats the provisions to the like effect contained in sect. 16 of the Act of 1887. As to the remedies of the owner of a rentcharge, see Searle v. Cooke, 43 Ch. Div. 519; and Thomas v. Sylvester, L. R. 8 Q. B. 368.

The proviso re-enacts, with an addition as to intermediate landlords, the provisions to the like effect which were contained in sect. 16 of the Copyhold Act, 1887.

28. The persons for the time being entitled to a rentcharge under this Act, and to the land subject to the rentcharge respectively, whether in possession or in remainder or reversion expectant on an estate for a term of years, may apportion the rentcharge between the several parts of the land charged therewith.

Provided as follows:

(a) Where the person entitled to the land is not absolutely entitled thereto, the apportionment shall

not be made without the consent of the Board of Agriculture; and

(b) A person entitled to an undivided share in a rentcharge or land shall not exercise the powers of this section unless the persons entitled to the

other undivided shares concur in the apportion-
ment.

This section incorporates the provisions as to apportionment of rentcharges which were contained in sects. 4, 5, and 6 of the Copyhold Act, 1843.

liability to

29. A sub-lessee under a sub-lease shall not, as between Protection of him and his lessor, be liable in consequence of the creation lessees from or apportionment of a rentcharge under this Act to pay rentcharge. any greater sum of money than he would have been liable to pay if the charge or apportionment had not been made. This section repeats the provisions of sect. 8 of the Copyhold Act, 1843.

30.-(1.) A rentcharge created under this Act may be Redemption redeemed on any half-yearly day of payment by the person of rentcharge. for the time being in actual possession or in receipt of the rents and profits of the land subject to the rentcharge, on payment to the person for the time being entitled to receive the rentcharge of the consideration provided by this section.

Provided that where the person entitled to the rentcharge is entitled for a limited estate or interest only, the Board of Agriculture,

(a) if the money exceeds the sum of twenty pounds for
all the rentcharges under this Act in the manor,

shall direct it to be paid into Court or to trustees
in manner provided by this Act; and

(b) in any other case, may direct it either to be paid in
manner aforesaid or to be retained by that person
for his own use.

The provision in this sub-section as to the right of redemption was taken from sect. 17 of the Copyhold Act, 1887. The proviso as to the payment of the redemption-money where the person entitled had a limited estate or interest only, repeats the provisions to the like effect contained in sects. 39 and 40 of the Copyhold Act,

1852.

(2) The consideration for the redemption of a rentcharge under this section shall,

(a) where the rentcharge is of fixed amount, be twentyfive times the yearly amount of the rentcharge; and

(b) in

any

other case, be a sum to be fixed by the Board of Agriculture on the request of the person entitled to redeem the rentcharge.

This sub-section incorporates the corresponding provisions con

Power to sell rentcharge.

tained in sect. 17 of the Copyhold Act, 1887, and sect. 37 of the Copyhold Act, 1852. See the Treatise, p. 401.

(3.) The person intending to redeem shall give to the person for the time being entitled to receive the rentcharge six months' previous notice in writing of his intention.

This provision was contained in sect. 17 of the Copyhold Act, 1887.

(4.) If on the expiration of the notice the redemption money and all arrears of the rentcharge are not paid, the person for the time being entitled to receive the rentcharge shall have for the recovery of the redemption money and all arrears, if any, of the rentcharge the like powers in respect of the land charged as are given by the Conveyancing and Law of Property Act, 1881, to a mortgagee in respect of the mortgaged property for the recovery of the mortgage debt and interest in a case where the mortgage is by deed.

This provision was contained in sect. 18 of the Copyhold Act, 1887. See the Treatise, p. 401.

(5.) When it appears to the Board of Agriculture that payment or tender of the consideration for the redemption of the rentcharge has been duly made, the Board may certify that the rentcharge has been redeemed and the certificate shall be conclusive.

A provision to this effect was contained in sect. 37 of the Copyhold Act, 1852.

(6.) The expenses incurred in redeeming a rentcharge under this section shall be dealt with on the same footing as the expenses incurred in redeeming a mortgage.

This sub-section repeats the provisions of sect. 20 of the Copyhold Act, 1887.

31.—(1.) Where the person for the time being entitled to the receipt of a rentcharge under this Act is entitled thereto for a limited estate or interest only, or is a corporation not authorised to sell the rentcharge except under the provisions of this Act, that person may sell and transfer the rentcharge with the consent of the Board of Agriculture given under their seal.

(2.) When a rentcharge is sold under this section the consideration money for the sale shall be paid into Court or to trustees in manner directed by this Act.

Provided that when the consideration does not exceed

the sum of twenty pounds for all the rentcharges under this Act in the manor the consideration may be paid, if the Board of Agriculture so direct, to the person for the time being entitled to receive the rentcharge for his own

use.

These two sub-sections repeat the provisions contained in sect. 36 of the Copyhold Act, 1852. See the Treatise, p. 402, and see sect. 32, post, for the provisions as to payment into Court or to trustees. The proviso re-enacts the provisions of sect. 40 of the Act of 1852.

Application of Money to be paid under Act into Court or to

Trustees.

Court or to

32.-(1.) Where money is directed by or in pursuance Payment of of this Act to be paid into Court it shall be paid into the money into High Court in manner provided by rules of Court to an trustees. account ex parte the Board of Agriculture.

This provision was taken from sect. 73 of the Copyhold Act, 1841, and sect. 39 of the Copyhold Act, 1852. See the Supreme Court Funds Rules, 1894, r. 40; and see the Treatise, pp. 403, 404.

(2.) Where money is directed by this Act to be paid to trustees it shall be paid

(a) if there are any trustees acting under a settlement

under which the lord or owner of the manor or
rentcharge in respect of which the money arises
derives his estate or interest in the manor or
rentcharge, then to those trustees or to such one
or more of them as the Board of Agriculture
direct; and

() in any other case to trustees appointed by the Board
of Agriculture.

Similar provisions were contained in sect. 14 of the Copyhold Act, 1843, and sect. 39 of the Copyhold Act, 1852. See the Treatise, p. 488, for a form of Appointment of Trustees by the Board of Agriculture; and see sub-sect. (4) hereof, post, as to the powers of the Board to appoint trustees.

(3.) Where money may under the provisions of this Act be paid either into Court or to trustees, it may be paid either into Court or to trustees at the option (where the money arises in respect of an enfranchisement) of the lord for the time being, and (where it arises in respect of a rentcharge) of the owner for the time being of the rentcharge.

Similar provisions as to the option of the person entitled to the

Investment of money in Court or in hands of trustees.

money were contained in sect. 74 of the Copyhold Act, 1841,
sect. 14 of the Copyhold Act, 1843, and sect. 39 of the Copyhold
Act, 1852.

(4.)—(a) The Board of Agriculture may appoint fit
persons to be trustees for the purposes of this

Act.

(b) Where any trustee appointed by the Board of
Agriculture dies the Board shall appoint a new
trustee in his place.

(c) Where any trustee appointed by the Board desires
to resign, or remains out of the United Kingdom
for more than twelve months, or refuses or is
unfit to act, or is incapable of acting the Board
may if they think fit appoint another trustee in
his place.

(d) An appointment under this section must be by
order under the seal of the Board of Agricul-

ture.

This sub-section incorporates provisions to the like effect contained in sect. 14 of the Copyhold Act, 1843; sect. 6 of the Copyhold Act, 1844; and sect. 39 of the Copyhold Act, 1852.

33.-(1.) Where in pursuance of this Act any money
in respect of an enfranchisement or the redemption or sale
of a rentcharge is paid into Court or to trustees the money
shall when paid into Court be applied under the direction
of the Court, and when paid to trustees be applied, subject
to the consent of the Board of Agriculture, by the trustees,
in one, or partly in one and partly in another or others, of
the following modes of application or investment; that
is to say,

(a) in the purchase or redemption of the land tax or in
or towards the discharge of any incumbrance
affecting the manor or the rentcharge or other
hereditaments settled with the manor or rent-
charge to the same or the like uses or trusts; or

(b) in the purchase of land; or
(e) in investment in two and three quarters per centum
consolidated stock or in Government or real secu-
rities, or in any of the investments in which
trustees are for the time being authorised by law
to invest; or

(d) in payment to any person who would, if the enfran-
chisement or redemption or sale had not taken

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