Execution of enfranchisement instrument to be conclusive of regularity of proceedings. Inspection of court rolls after enfranchisement. (2.) Before making an alteration under this section the Board shall give such notice as they think proper to the persons affected by the alteration. (3.) An alteration shall not be made in an instrument relating to a voluntary enfranchisement without the consent in writing of the persons affected by the alteration. (4.) The expenses of and incidental to an application under this section shall be paid by the persons interested in the application or some of them if and as the Board direct. Sub-sections (1) and (2) incorporate and re-enact the provisions of sect. 15 of the Copyhold Act, 1852, and sect. 44 of the Copyhold Act, 1887. Sub-section (3) is founded on the provisions of sect. 35 of the Copyhold Act, 1841, and it re-enacts a provision which seems to have been altered, if not repealed, by sect. 44 of the Copyhold Act, 1887. Sub-section (4) re-enacts a provision to the like effect contained in sect. 44 of the Copyhold Act, 1887. 61.-(1.) The confirmation under the seal of the Board of Agriculture of an award of enfranchisement, and the execution by the Board of a deed of enfranchisement respectively, shall be conclusive evidence of compliance with all the requirements of this Act with respect to proceedings to be taken before the confirmation or execution. (2.) An award or deed of enfranchisement shall not be impeached by reason of any omission, mistake, or informality therein or in any proceeding relating thereto, or of any want of any notice or consent required by this Act, or of any defect or omission in any previous proceedings in the matter of the enfranchisement. This section re-enacts the provisions of sect. 33 of the Copyhold Act, 1852. See the Treatise, p. 398. 62.-(1.) Any person interested in any land enfranchised under this Act may at any time inspect and obtain copies of the court rolls of the manor of which the land was held on payment of a reasonable sum for the inspection or copies. (2.) The Board of Agriculture may, if they think fit, fix a scale of fees to be paid to the steward or person having custody of the court rolls for the inspection and for making extracts or copies. This section re-enacts the provisions contained in sect. 20 of the Copyhold Act, 1852. See the Treatise, p. 417. As to the inspection of court rolls of a manor by copyholders and persons having a prima facie title to copyhold property within the manor, see the Treatise, pp. 314–316. from instru 63.-(1.) Any person interested in any land included Evidence in any enfranchisement or commutation made by appor- ments under tionment under the Copyhold Act, 1841, may inspect and repealed Acts. obtain copies of or extracts from any instrument relating 4 & 5 Vict. to the enfranchisement or commutation deposited with a clerk of the peace or steward of a manor under that Act. (2.) A person requiring under this section inspection of or a copy of or extract from any instrument shall give reasonable notice to the person having the custody of the instrument, and shall pay to him for every inspection a fee of two shillings and sixpence, and for every copy and extract a fee at the rate of twopence for every seventy-two words in the copy or extract. (3.) Every recital or statement in, or agreement, schedule, map, plan, document, or writing annexed to a confirmed apportionment made under the said Act shall be sufficient evidence of the matters recited or stated, and of the accuracy of the map or plan respectively. Enfranchisements and commutations of manorial incidents by schedules of apportionment were authorised by the Copyhold Act, 1841, but were abolished by the Copyhold Act, 1858, sect. 2, with a saving, however, in sect. 3 of that Act as to enfranchisements and commutations then effected. See the Treatise, pp. 360 and 361. This section keeps alive the rights conferred by sect. 33 of the Act of 1841 on persons whose lands had been enfranchised or commuted in that manner. after enfran 64-(1.) When all the lands held of a manor have Custody of been enfranchised, the lord, or with the consent of the court rolls lord, any person having custody of the court rolls and chisement. records of the manor, may hand over all or any of the court rolls and records to the Board of Agriculture or to the Master of the Rolls. (2.) Where any court rolls or other records are in the custody of the Board of Agriculture, the Board may hand over all or any of them to the Master of the Rolls. (3.) Any person interested in any enfranchised land may inspect and obtain copies of and extracts from any court rolls or records in the custody of the Board, or of the Master of the Rolls, relating to the manor of which that land was held or was parcel, on payment of such Board to frame and circulate forms. Board to publish a scale of compensation. reasonable fees as are fixed from time to time by the Board or the Master of the Rolls respectively. (4.) The Master of the Rolls may undertake the custody of court rolls and records handed over to him under this section, and may make rules respecting the manner in which, and the time at which inspection may be made and copies and extracts may be obtained of and from the court rolls and records in his custody, and as to the amount and mode of payment of the fees for the inspection, copies, and extracts respectively. (5.) Every rule made under this section shall be laid, as soon as may be, before both Houses of Parliament. This section repeats the provisions of sect. 21 of the Copyhold Act, 1852, as enlarged by sect. 48 of the Copyhold Act, 1887. See the Treatise, p. 316 and pp. 417-8. 65. The Board of Agriculture shall frame and cause to be printed forms of notices and agreements and such other instruments as in their judgment will further the purposes of this Act, and shall supply any such form to any person who requires it, or to whom the Board think fit to send it, for the use of any lord or tenant desirous of putting this Act into execution. This section re-enacts the provisions to the like effect contained in sect. 20 of the Copyhold Act, 1841. This power to frame forms cannot be delegated by the Board, see sect. 91, post. Copies of the forms issued by the Board will be found in Appendix III. to the Treatise, pp. 477-492. 66. (1.) The Board of Agriculture shall frame, and cause to be printed and published— (a) such a scale of compensation for the enfranchisement of land from the several rights and incidents, including heriots, specified or referred to in this Act, as in their judgment will be fair and just and will facilitate enfranchisement, together with such directions for the lord, tenant, and valuers as the Board think necessary, and (b) a scale of allowance to valuers for their services in the execution of this Act. (2.) The Board may vary any such scale.. (3.) The scales published by the Board under this section shall be for guidance only, and shall not be binding as a matter of law in any particular case. (4.) The person requiring an enfranchisement shall state any such corporation would be affected by the unless the agreement is made with the consent in writing (2.) A consent under this section must, in the case of a corporation aggregate, be under the seal of the corporation, and in other cases be signed by the person giving it, and must in every case be annexed to the agreement to which it relates. This section re-enacts the provisions of sect. 22 of the Copyhold Act, 1841. See the Treatise, p. 428. "Ecclesiastical corporation" is defined in sect. 94, post, by reference to Episcopal and Capitular Estates Act, 1851, and the Acts amending the same. See the Treatise, p. 429, for the definition as contained in the Episcopal, &c. Estates Acts. commissioners 73. Where land proposed to be enfranchised under the Notice to provisions of this Act with respect to compulsory enfran- ecclesiastical chisement is held of a manor belonging either in possession in certain or reversion to an ecclesiastical corporation, the Ecclesias- cases. tical Commissioners shall have notice of the proceedings, and shall have the like power of expressing assent to or dissent from the proceedings as is provided by this Act with respect to a person entitled in reversion or remainder, and the provisions of this Act with respect to the notice, and the proceedings thereon, shall apply accordingly. This section replaces sect. 19 of the Copyhold Act, 1858. See the Treatise, p. 433. -as is provided by this Act with respect to a person entitled in reversion, &c.-See sect. 14 (3), and sect. 16 (2), ante. See sect. 75, post, for the procedure to be adopted if it appears to the Board of Agriculture that the enfranchisement should be effected under the Episcopal, &c. Estates Acts. for use of spiritual 74.-(1.) Any compensation or consideration money to Enfranchisebe paid under this Act for the use of any spiritual person ment money in respect of his benefice or cure may at the option of the lord be paid to Queen Anne's Bounty, and the receipt of the treasurer shall be a sufficient discharge. (2.) Money paid under this section shall be applied by the Bounty as money in their hands appropriated for the augmentation of the benefice or cure, as the case may be. This section replaces sect. 17 of the Copyhold Act, 1858. See the Treatise, p. 405. person may be paid to Queen Anne's Bounty. 75. Where on an enfranchisement under this Act it Application of E. E enfranchise ment money where en appears to the Board of Agriculture that the enfranchisement might have been effected under the Episcopal franchisement and Capitular Estates Act, 1851, or any Act amending the same might have been under 14 & 15 Vict. c. 104. Enfranchisement money may be paid to official trustees of charitable funds on behalf of charity. (a) the consideration for the enfranchisement shall be paid and applied in like manner as if an enfranchisement had been effected under the said Episcopal and Capitular Estates Act and the Acts amending the same; and (b) the Church Estates Commissioners and Ecclesiastical Commissioners respectively shall have the same powers over the consideration money and the interest thereon, and over any land, rentcharges, or securities acquired in respect of the enfranchisement, and over or against any ecclesiastical corporation interested therein respectively, as they would have had if the enfranchisement had been effected with the consent of the Church Estates Commissioners under the said Acts: Provided that where an ecclesiastical corporation or the Ecclesiastical Commissioners have only a reversionary interest in the manorial rights extinguished by the enfranchisement, the consideration, if it is a gross sum, shall be paid into Court or to trustees, and applied under this Act accordingly until the time when the reversionary interest would if it were not extinguished have come into possession, and the consideration money and the investments thereof shall then be paid or transferred to the Church Estates Commissioners as persons absolutely entitled thereto. This section re-enacts the provisions of sect. 5 of the Copyhold Act, 1858. See the Treatise, pp. 433, 434. 76.-(1.) Where a corporation, or any person, lord of a manor held on a charitable trust within the provisions of the Charitable Trusts Acts, 1853 to 1891, is not authorised to make an absolute sale otherwise than under those Acts, or this Act, the compensation or consideration payable to the lord for an enfranchisement or for the redemption or sale of a rentcharge under this Act may at the option of the lord be paid to the Official Trustees of Charitable Funds in trust for the charity. (2.) Any principal money paid to the official trustees under this section shall be applied by them under the order of the Charity Commissioners for the like purposes as if it |