Surrenders, &c. out of court to be entered on court rolls. Power to alienate ancient tene ments in (b) without holding a court; and (c) without a presentment by the homage of the surrender, instrument, or fact in pursuance of which the admittance is made; and (d) either by the lord or steward or deputy steward. (2.) Any person entitled to admittance may be admitted by his attorney duly appointed whether orally or in writing. Sub-section (1) incorporates and re-enacts the provisions of sects. 88 and 90 of the Copyhold Act, 1841. See the Treatise, p. 65. Sub-section (2) re-enacts the provisions of sect. (2) of the Copyhold Act, 1887. See the Treatise, p. 70. 85.-(1.) Every surrender and deed of surrender which a lord is compellable to accept or accepts, and every will a copy of which is delivered to him either at a court at which there is not a homage assembled or out of court, and every grant or admittance made in pursuance of this Act shall be entered on the court rolls. (2.) An entry made in pursuance of this section shall be as valid for all purposes as an entry made in pursuance of a presentment by the homage. (3.) The steward shall be entitled to the same fees and charges for an entry under this section as for an entry made in pursuance of a presentment by the homage. This section re-enacts the provisions of sect. 89 of the Copyhold Act, 1841. See the Treatise, p. 65. 86.-(1.) A lord may, notwithstanding any custom to the contrary, grant a licence to a tenant to alienate his ancient tenement or any part thereof by devise, sale, exportions with change, or mortgage, and either together or in parcels. licence of lord. (2.) On the alienation under this section of a part of a tenement, or of a tenement in parcels, the lord may apportion the yearly customary rent payable for the whole tenement. (3.) A parcel alienated under this section shall be subject to its apportioned part of the customary rent, and shall be held of the lord of the manor in all respects and be conveyed in like manner as the original tenement. (4.) A licence under this section must be in writing and must be entered on the court rolls. (5.) A steward may give a licence under this section if authorised in writing by the lord, but not otherwise. This section re-enacts the provisions of sect. 92 of the Copyhold Act, 1841. As to the effect of alienating a tenement by parcels on heriots, the fine, and the rents and services, see the Treatise, pp. 206, 209, and 211. 87. In an action for the partition of land of copyhold Partition of or customary tenure the like order may be made as may be copyhold made with respect to land of freehold tenure. This section replaces sect. 85 of the Copyhold Act, 1841. See the Treatise, p. 118. land. 88. Section thirty of the Conveyancing and Law of Descent of Property Act, 1881, shall not apply to land of copyhold or trust and customary tenure vested in the tenant on the court rolls on estates in mortgage trust or by way of mortgage. copyholds. This section repeats the provisions of sect. 45 of the Copyhold Act, 1887. See the Treatise, p. 101. where under 89.-(1.) Where an agreement for enfranchisement is Receipt for made independently of this Act, and the consideration for consideration. the enfranchisement is a gross sum and does not exceed 500%. for enfive hundred pounds, the lord may make a statutory franchisement declaration stating the particulars of his estate and interest not under Act. in the manor. (2.) If the declaration shows that the lord is entitled to make the enfranchisement, and to receive the consideration money for his own use, an enfranchisement by the lord shall be valid, and the lord's receipt for the consideration money shall effectually discharge the person paying it from being bound to see to the application or being answerable for any loss or misapplication thereof. (3.) Where a lord receives as the consideration for an enfranchisement within this section any money to which he is not in fact entitled for his own use, he shall be deemed to have received the money as trustee for the persons who are entitled thereto. This section re-enacts the provisions to the like effect which were contained in sect. 26 of the Copyhold Act, 1887. The section of the Act of 1887 was expressed to apply "in cases of enfranchisement between the parties or otherwise without reference to the" Board of Agriculture, "where the compensation money does not exceed 500l." See the Treatise, p. 402. PART VIII.-AUTHORITY FOR EXECUTION OF Act. 90. The Board of Agriculture shall in every year make Board of a general report of their proceedings in the execution of Agriculture to make this Act, and the report shall be laid before both Houses annual report. of Parliament as soon as may be after it is made. Delegation of powers of Board. Power of entry for purposes of Act. Penalty for obstructing persons administering Act. This section repeats the provision to the same effect contained in sect. 3 of the Copyhold Act, 1841. See sect. 12 of this Act for an instance of an occasion on which the Board must state the reasons for their action. 91.-(1.) The Board of Agriculture may delegate to any officer of the Board any of their powers under this Act except the power to confirm agreements or awards, or to frame forms, or to do any act required by this Act to be done under the seal of the Board. (2.) The powers so delegated shall be exercised under such regulations as the Board direct. (3.) The Board may recall or alter any power delegated under this section, and may, notwithstanding the delegation, act as if no delegation had been made. (4.) All acts done by an officer of the Board lawfully authorised in pursuance of this section, shall be obeyed by all persons as if they proceeded from the Board, and the non-observance thereof shall be punishable in like manner. This section re-enacts the provisions to the like effect contained in sect. 10 of the Copyhold Act, 1841. See the Treatise, p. 442. 92.-(1.) A member or officer of the Board of Agriculture and a valuer or umpire appointed under this Act, and their agents and servants respectively, may enter on any land proposed to be dealt with under this Act, and may make all necessary measurements, plans, and valuations of the land. (2.) A person before entering on land under this section must give reasonable notice of his intention to the occupier of the land. (3.) If a person does any injury in the execution of the powers of this section he shall make compensation therefor. This section repeats the provisions of sect. 6 of the Copyhold Act, 1852. See the Treatise, pp. 390, 391. 93. If any person obstructs or hinders a member or officer of the Board of Agriculture or a valuer or umpire acting under the powers of this Act, he shall be liable on summary conviction to a fine not exceeding five pounds. This section replaces sect. 51 of the Copyhold Act, 1852. PART IX.-DEFINITIONS, SAVINGS, AND REPEAL. 94. In this Act unless the context otherwise requires: InterpretaThe expressions "admittance" and "enrolment" include tion. every licence of any assurance, and every ceremony, act, and assent whereby the tenancy or holding of a tenant is perfected, and the expressions "admit" and "enrol" have corresponding meanings: Similar definitions were contained in sect. 49 of the Copyhold Act, 1887. The expression "ecclesiastical corporation" means an This definition is taken from the provisions of sect. 19 of the Copyhold Act, 1858. See the Treatise, p. 429, for the terms of the Episcopal, &c. Estates Act. The Cathedral or House of Christ Church, Oxford, is to be considered, for the purpose of enfranchisement of its lands, as a College of the University of Oxford. See 21 & 22 Vict. c. 44, s. 31. The expression "enfranchisement" includes the discharge of freehold lands from heriots and other manorial rights: This definition is taken from sect. 102 of the Copyhold Act, 1841. See, also, sect. 2 of this Act. The expression "heriot " includes a money payment in lieu of a heriot : This definition is taken from sect. 102 of the Copyhold Act, 1841. The expression "land" includes an undivided share in land: A similar definition was contained in sect. 15 of the Copyhold Act, 1843, and sect. 52 of the Copyhold Act, 1852. The expression "lord" means a lord of a manor whether seised for life or in tail or in fee simple and whether having power to sell the manor or not, or the person for the time being filling the character of or acting as lord whether lawfully entitled or not, and includes all ecclesiastical lords seised in right of the church or otherwise, and lords farmers holding under them, and bodies corporate or collegiate: This definition replaces the definition contained in sect. 102 of the Copyhold Act, 1841, as enlarged by sect. 52 of the Copyhold Act, 1852, and as confirmed by sect. 49 of the Copyhold Act, 1887. The expression "manor" includes a reputed manor: This definition is taken from sect. 102 of the Copyhold Act, 1841. See sect. 80 of this Act for a further definition of the expression. The expression "rent" includes reliefs and services (not being services at the lord's court), and every payment or render in money, produce, kind, or labour due or payable in respect of any land held of or parcel of a manor: This definition is taken from sect. 102 of the Copyhold Act, 1841, and sect. 49 of the Copyhold Act, 1887. The expression "steward" includes a deputy steward and a clerk of a manor and any person for the time being filling the character of or acting as steward whether lawfully entitled or not: This definition is taken from sect. 102 of the Copyhold Act, 1841, and sect. 52 of the Copyhold Act, 1852. The expression" tenant"(a) includes all persons holding by copy of court roll or as customary tenants or holding land subject to any manorial right or incident, and whether the land is held to them and their heirs or to two or more in succession or for life or lives or years, and whether the land is held of a manor or not and This portion of the definition is taken from sect. 102 of the Copyhold Act, 1841, the words " and whether the land is held of a manor or not" being added. (b) includes a surrenderee by way of mortgage under a surrender entered on the court rolls in possession or in receipt of the rents and profits of the land; and This portion of the definition is taken from sect. 43 of the Copyhold Act, 1852. See sect. 1 of this Act, where it is provided that the power of enfranchising compulsorily cannot be exercised by a mortgagee who is not in possession, although he may have been admitted in respect of the mortgage. (c) where land is held in undivided shares, means the person for the time being in receipt of at least two-thirds of the value of the rents and profits of the land. This portion of the definition is taken from sect. 38 of the Copyhold Act, 1858. |