Where the boundary between two manors is formed by a ridge of hills, which runs beyond such manors, and, on an issue as to the boundary between one of those manors and a third manor, one of the parties wishes to prove that the same ridge is the boundary between the two latter manors, evidence of its being the boundary of the other two is admissible for this purpose, the three manors being contiguous (x). A commission out of the Duchy Court of Lancaster, to ascertain the boundaries of certain manors, and issued on the petition of the lords of these manors, is evidence of the boundaries (y).

SECT. VI. WHEN PURCHASER AFFECTED WITH

NOTICE OF CONTENTS OF COURT ROLLS.

It has been said that the court rolls are the title whether pur

deeds of copyholds, and a purchaser is affected with
notice of the court rolls as far back as a search is
necessary for the security of the title (z). But Sir E.
Sugden observes, this does not accord with the general
rule as to judgments, registered deeds and the like,
and would lead to great inconvenience in practice (a).
It has been decided that the court rolls of a manor
are not constructive notice of prior incumbrances to a
purchaser of copyholds holden of the manor (b). The
purchaser of copyholds is entitled to be furnished with
the copies of court roll relating to the estate; and if
the seller is entitled by stipulation or in respect of
(x) Brisco v. Lomax, 2 Nev. & P. 308; 8 Ad. & E. 198.
(y) Ibid.

(z) Pearce v. Newlyn, 3 Madd. 186; see Hansard v. Hardy, 18 Ves. 462.

(a) Sugd. V. & P. 1059, pl. 74, 11th ed.; see Tyler v. Webb, 6 Beav. 552.

(b) Bugden v. Bignold, 2 Y. & Coll. C. C. 377.

chaser affect

ed with con

tents of court rolls.

other estates to retain them, the purchaser is still entitled to their production, in order that the abstract may be examined with them (c). If the vendor has the copies of court rolls in his possession or power, he is bound to produce them; but if not, a purchaser is not entitled to call for a covenant to produce them, because he may at any time resort to the rolls themselves, and make use of them in evidence (d).

An equitable mortgage may be created of copyholds by the mere deposit of the court rolls (e). It is therefore not sufficient for the protection of a purchaser of copyholds that he should search the court rolls for incumbrances; he ought to require the vendor or mortgagor to produce an abstract of his title, and a copy of his admission to the copyhold premises; and if the latter document is not forthcoming, its non-production must be satisfactorily accounted for (ƒ).

(c) Sugd. V. & P. 431, pl. 22, 11th ed.; Whitbread v. Jordan, 1 Y. & Coll. 317.

(d) Cooper v. Emery, 1 Phill. C. C. 388.

(e) Ex parte Warner, 19 Ves. 202; 1 Rose, 286; Winter v. Lord Anson, 3 Russ. 492; Whitbread v. Jordan, 1 Y. & Coll. 303; see Shelford's Bankrupt Law Consolidation Act, 1849, p. 227.

(f) Whitbread v. Jordan, 1 Y. & Coll. Exch. 303; see Worthington v. Morgan, 16 Sim. 547.

CHAPTER VII.

OF THE ENFRANCHISEMENT AND COMMUTATION
OF MANORIAL RIGHTS.

SECT. I. OF ENFRANCHISEMENT AT COMMON LAW.
II. OF THE COMMUTATION OF MANORIAL RIGHTS.
III. OF VOLUNTARY ENFRANCHISEMENT.

IV. OF COMPULSORY ENFRANCHISEMENT.

SECT. I. OF ENFRANCHISEMENT AT COMMON LAW.

of rights to

ment in copy

THE Copyhold Act, 1841, is not to operate to prevent Reservation any commutation or enfranchisement, which may be enfranchisemade independently of that act (a). The Copyhold hold acts. Act, 1852, is not to interfere with or impede the enfranchisement of any lands, which may be enfranchised irrespective of that act, where parties competent to do so shall agree on such enfranchisement, or the exercise of any powers contained in any other acts of parliament (b).

Enfranchisement is the changing of the tenure from what it is. base to free, and is effected by the lords conveying the freehold of the particular specific premises which were held by copy, or by releasing to the tenant his seignorial rights. A conveyance or release by a copyholder of his interest to the lord is not an enfranchisement, but an extinguishment of the tenure, which differs materially from an enfranchisement, the latter being a total annihilation of the copyhold tenure, by

(a) 4 & 5 Vict. c. 35, s. 83.

(b) 15 & 16 Vict. c. 51, s. 55; see post, p. 251, n. (ƒ).

Lord's title to manor.

which the lands become absolutely free, and can never again be holden by copy; whereas an extinguishment is in many cases only a partial destruction of the copyhold interest, which may be renewed again by a new grant. The first and essential requisite to the enfranchisement of copyholds is a conveyance by a proper deed of the freehold of the copyhold land to the copyholder, so as to effect an union of the two interests. It is not, however, essential that the conveyance of the freehold to the tenant be made immediately from the lord to the copyholder; for if the lord convey the freehold to a stranger, and the stranger convey it to the copyholder, the base tenure will be destroyed (c).

Another requisite to an absolute and entire enfranchisement is, that the fee simple of the freehold interest be conveyed; for if a less estate of freehold than the fee be conveyed, the union, though complete for the time, can last no longer than during the continuance of the interest conveyed, after which the land may again be granted to be holden by copy. This therefore will operate only as an extinguishment or temporary suspension of the copyhold interest, and not as an enfranchisement (d).

The principal obstacles that have impeded the enfranchisement of copyholds, independently of the copyhold acts, arise in those cases where either the lord of the manor or the copyhold tenant has only a partial interest in the manor or the copyhold; for if the lord be only tenant for life, and affect to enfranchise, his act will not be binding on those entitled to the manor in remainder or reversion. In order that he may effect an absolute enfranchisement, he must be seised

(e) Lane's case, 2 Rep. 16 b; 1 Watk. Cop. 435, 4th ed.
(d) Rushley v. Conesby, 2 Rol. Abr. 271; Cro. Eliz. 459.

of the manor in fee, or be invested with a power to enfranchise reserved to him by such an owner in fee simple. On the other hand, although an enfranchisement taken by a copyholder who has only a particular estate, enures in equity for the benefit of the remainder-men, yet it occasions the inconvenience of leaving in his heir at law the legal estate of inheritance in the freehold; and the inconvenience is aggravated by the want of any determinate standard or summary process for adjusting the proportion in which the consideration and expenses of the enfranchisement are to be borne by the several successors in the ownership. Besides this it becomes necessary, and is the general practice, on a future purchase of the enfranchised estate, to investigate not only the copyhold title, but also the title to the manor, that the lord may be shown to have had such an estate as enabled him effectually to enfranchise; and this practice is additionally authorized by the opinion that prevails, that a copyholder accepting enfranchisement, brings upon his estate the charges and incumbrances affecting the manor (e).

A lord having only a limited interest in the manor is of course not competent to make'a complete enfranchisement; it is therefore necessary to investigate the title of the lord, in order to see that he is authorized to enfranchise either as owner in fee simple, or under a special power given to him for the purpose (ƒ). (e) See 6 Jur. Part 11. p. 32.

(f) The Commissioners of Woods and Forests are authorized to enfranchise copyhold land held of the crown manors, 10 Geo. 4, c. 50, ss. 34, 35, 49, 52, 69; as to lands in the Duchy of Lancaster, see 19 Geo. 3, c. 45; Duchy of Cornwall, 7 & 8 Vict. cc. 65, 105. A power to enfranchise copyholds is given to persons having a particular interest only by the Land Tax Redemption Act, 42 Geo. 3, c. 116, and by the New Church Building Act, 58 Geo. 3, c. 45. Parties under disability are enabled to enfranchise copyholds taken under the Lands' Clauses Consolidation Act, 1845, ss. 8, 96, 97. As to enfranchisement of copyholds required