majesty in right of her crown or of the duchy of Lan- 4 & 5 Vict. caster (f). Duchy of Cornwall exempted from Act. XCIX. That nothing in this act contained shall extend or be construed to extend to, or to prejudice or derogate from, the estate, right, title, interests, privileges, or authority of the queen's most excellent majesty, her heirs and successors, in right or in respect of her duchy of Cornwall, or the possessions thereof, or of the duke of Cornwall for the time being, nor at any time or times be admitted in any court of law or equity, or otherwise construed as evidence upon any occasion to be admitted against or to affect in any manner such estate, right, title, interest, privileges, or authority of her majesty, her heirs and successors, in right or in respect of her said duchy of Cornwall or the possessions thereof, or of the duke of Cornwall for the time being. Limits of Act. c. 35. Act not to extend to the Duchy of Cornwall. C. That this act shall extend only to England, Wales, Limits of the and Ireland. CI. [Alteration of act.] Construction of Terms.. act. tion clause. (C. & E.) CII. That in the construction and for the purposes Interpretaof this act, unless there be something in the subject or context repugnant to such construction, the word "manor" shall extend to a manor or reputed manor, of whatever tenure the same may be, or to such portion or portions of a manor as the said commissioners shall, by any order in writing under their hands and seals, with the consent of the lord of the manor, signified by writing under his hand and seal, direct to be considered as a manor for the purpose of effecting any commutation or enfranchisement under this act (g); the words "lord" (h) and "steward" shall include the person or persons for the time being filling those respective characters, or acting in those respective capacities, whether (f) The Commissioners of Woods and Forests have power to enfranchise copyholds held of crown manors, 10 Geo. 4, c. 50; ante, p. 251, n. (f). (g) See ante, pp. 27-29. (h) See Copyhold Act, 1852, s. 52, post. c. 35. 4 & 5 Vict. those persons shall be rightfully or lawfully entitled to fill such characters or act in such capacities, or not (i), and the word "steward" shall also include the clerk of any manor (k); the words "tenant" or "tenants" shall comprise all persons holding by copy of court roll, or as customary tenants, or holding lands subject to any manorial rights (1), and whether holden to them and their heirs, or whether granted to two or more to be holden in succession, or holden for life or lives or years; the words "land" or "lands" shall extend to and comprise lands holden by copy of court roll, or by custom of any manor, and lands holden of any lord of a manor in ancient demesne (m), and whether in fee or for life or lives (n), or for years, and shall also comprise all lands holden of a manor subject to any manorial rights, and shall extend to messuages, tenements, and corporeal and incorporeal hereditaments subject to manorial rights, or any undivided part or share therein; the word "enfranchisement" shall extend to and include the discharge of freehold lands from heriots and other manorial rights; the word "heriots" shall include money payments in lieu thereof; the word "rents" shall include "reliefs" and "services," not being service at the lord's court; and the word "person" shall mean and (i) See ante, s. 76, p. 355. (k) See Copyhold Act, 1852, s. 52, post. (1) By the Copyhold Act, 1843, s. 15, the words "land or lands" extend to all corporeal and incorporeal hereditaments whatever, whether subject to manorial rights or otherwise, or any undivided part or share therein. (m) Whether manors are of ancient demesne or not can only be determined by a reference to Doomsday Book. It has not been thought necessary to discuss this peculiar tenure, and it may be sufficient to refer on this subject to Shelford's Real Prop. Stat. 293, 296, 5th ed.; 3 & 4 Will. 3, c. 74, ss. 4—6; 2 Scriv. Cop. 579— 599, 4th edit.; Com. Dig. tit. Ancient Demesne; 3 Real Prop. Rep. 12, 13; Dyer, 250; Burr. 1046. (n) See ante, pp. 59-65. The Copyhold Acts, 1841, 1843, extend to all lands holden by copy of court roll, or by a custom of a manor for lives or years, whether the tenant has or has not a right of renewal, 6 & 7 Vict. c. 23, s. 15. The Copyhold Act, 1852, does not extend to any copyhold lands held for a life or lives or for years, where the tenant thereof has not a right of renewal, 15 & 16 Vict. c. 51, s. 48. See ante, pp. 65-67; 16 & 17 Vict. c. 57, ss. 3,8, post. c. 35. include any body politic or corporate or collegiate (o), 4 & 5 Vict. as well as an individual; and every word importing the singular number only shall mean and include several persons or parties as well as one person or party, and several things as well as one thing respectively; and the converse; and every word importing the masculine gender only shall mean and include a female as well as a male. (0) See 14 & 15 Vict. c. 104; 16 & 17 Vict. c. 57, post. 6 & 7 Vict. c. 23. sideration of rent, and in considera conveyance THE COPYHOLD ACT, 1843. 6 & 7 VICT. CAP. 23. An Act to amend and explain an Act for the Commutation of certain Manorial Rights in respect of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights, and for facilitating the Enfranchisement of such Lands, and for the Improvement of such Tenure (o). [27th June, 1843.] Enfranchisement for Annual Rent-Commutation for Whereas an act was passed, &c. (p), and it is expedient to amend and explain the said act in certain Enfranchise- respects: be it enacted, that, in addition and subject to ment may be the provisions contained in the said act, any enfranmade in con- chisement made under the same may be made, either an annual wholly or in part, for the consideration of a grant of commutation an annual rent in fee to be thenceforth charged on may be made and issuing out of the lands enfranchised, such annual tion of the rent to be valued in like manner and be subject to the like variation as the commutation rent-charge under the provisions of the said act; and that, in addition and subject to the provisions contained in the said act, any commutation or enfranchisement made under the same may be made either wholly or in part for the consideration of a conveyance of lands parcel of the same manor as the lands commuted or enfranchised, and subject to the same uses and trusts as the lands commuted or enfranchised shall be subject to at the time of such commutation or enfranchisement, or any right of lands subject to the same uses as those commuted, or any right to mines or minerals. (0) In citing or referring to this act in other acts or legal instruments, it is sufficient to use the expression “The Copyhold Act, 1843," 15 & 16 Vict. c. 51, s. 54. (p) It states the title of act 4 & 5 Vict. c. 35, ante, p. 295. to mines or minerals in or under such lands, or any right to waste in lands belonging to such manor (q). Grant of Rent Charge for Enfranchisement. 6 & 7 Vict. c. 23. taining the to grant an in considera ment. II. That if the consideration for the enfranchise- Power to the ment under the said act shall be either wholly or in person obpart the grant of an annual rent, then it shall be lawful enfranchisefor the person empowered by the said act to obtain ment of lands the enfranchisement of such lands to grant such annual annual rent rent to the person enfranchising such lands, and his tion of such heirs, to the uses and upon and for the trusts, intents enfranchiseand purposes to, upon, and for which the manor of which such lands are parcel shall be subject and held at the time of such enfranchisement, and to charge such annual rent on all or such of the lands enfranchised as shall be fixed on, and to make the same payable by equal half-yearly payments; and the annual rent so granted shall be a rent service, and thenceforth parcel of and appendant and appurtenant to the same manor as the lands enfranchised; and such annual rent may be granted either by deed or by a schedule of appointment (r), to be made and signed pursuant to the directions of the said act and of this act. Conveyance of Land for Commutation. or enfran vey lands in III. That if the consideration for the commutation Power to the or enfranchisement under the said act shall be either person obtaining the wholly or in part the conveyance of lands, or a right commutation to mines or minerals, or a right to waste in lands chisement of belonging to such manor as aforesaid, then it shall be lands to conlawful for the person empowered by the said act to ob- consideration tain such commutation or enfranchisement to convey mutation or the lands, or rights to mines or minerals, or rights to enfranchisewaste in lands belonging to such manor (s), fixed on as the consideration, either wholly or in part, for such commutation or enfranchisement, to the person com (9) See Copyhold Act, 1841, ss. 14, 15, ante, pp. 303-306; Copyhold Act, 1844, s. 5, post, p. 382; Copyhold Act, 1852, s. 7, post, p. 388. (r) This should be apportionment. (s) By the Copyhold Act, 1844, s. 5, commutations or enfranchisements may be made in consideration of the conveyance of the subjects above mentioned not parcel of the manor, but subject to the same uses as those commuted. of such com ment. |