c. 23. mainder. no others, as if no enfranchisement had taken place; 6 & 7 Vict. and when provision shall have been so made for any such charge, it shall be lawful for the said commissioners to direct that the remainder of the money to be Application paid for enfranchisement and the surplus income of the of the remoney so paid into the Bank of England, after payment of all expenses attending the payment of such fee-farm rent or other charge to the person entitled thereto, shall be applied in like manner as if no such charge had existed; and thenceforth no land which shall be enfranchised in such manor shall be chargeable with or liable to the payment of any greater part of the said fee-farm rent or other charge than the amount of the quit rent theretofore payable out of such land, but to that extent the said land shall continue and be chargeable with and liable to the payment of the said feefarm rent or other charge, and shall be subject to the like remedies for the recovery thereof as if such quit rent continued payable; and the said commissioners shall state in the deed, schedule, or other instrument of enfranchisement the amount of such quit rent or liability in every case, and such statement shall be conclusive against the owners of the said land: provided Commissionnevertheless, that it shall be lawful for the said com- rect that any missioners, whatever may be the amount of such fee- other security farm rent or other charge, with the consent of the may be subperson entitled thereto, to direct, if they shall see fit, the payment that any other security in land or money which they the bank. shall consider sufficient for the purpose shall be substituted for the payment of money into the Bank of England in manner aforesaid, and in that case, or in any case, and whatever may be the amount of such feefarm rent or other charge, with the consent of the person entitled as aforesaid, to direct that all or any part of the land to be enfranchised shall be entirely released from the payment of the said fee-farm rent or other charge, and the same land shall thenceforth be released accordingly. Notice to Remaindermen or Reversioners. ers may di stituted for of money into XIII. And whereas it is provided by the said act Altering that whenever the estate of any party to an enfranchise- provision in recited act as c. 23. heritance. 6 & 7 Vict. ment under the said act shall be less than an estate of fee simple in possession or corresponding copyhold or to notice of customary estate, notice in writing shall be given to person enthe person entitled to the next estate of inheritance in titled to next estate of in- remainder or reversion in the manor or land to be affected by such enfranchisement: be it enacted, that in case any tenant whose estate shall be less than an estate of fee simple as aforesaid shall be a party to an enfranchisement under the said act or this act, and shall pay the whole of the price of enfranchisement, so that no part thereof or of the expenses thereof shall be charged on the inheritance of the land to be enfranchised, it shall not be necessary that the person entitled to the next estate of inheritance or remainder or reversion shall have notice of such enfranchisement (a). Payment of enfranchisement money of the manor has only a limited interest. Application of Money where Lord has limited Interest. XIV. That when any lord of a manor shall be only entitled for a limited estate or interest therein, or shall when the lord be under any legal disability, any money to be paid under the said act or under this act for enfranchisement from the lord's rights shall, at the option of the respective parties for the time being entitled to the said manor, the rights of which shall be enfranchised, or of their respective husbands, guardians, or committees, in case of coverture, infancy, idiotcy, lunacy, or other incapacity, be paid into the Bank of England, in the name and with the privity of the said accountantgeneral, and be placed to his account, in order to be applied in manner as in the said act directed, or otherwise the same may be paid, at the like option, to the trustees acting under the will, conveyance, or settlement under which such lord having such limited interest shall hold or be entitled to or interested in the said manor of which the lands so to be enfranchised shall be parcel, or if there are no such trustees (b), then into the hands of trustees to be nominated under the hands and seal of the said commissioners; and the money, when (a) See 56th section of the Copyhold Act, 1841, unte, p. 341. (b) The appointment of trustees for ecclesiastical corporations by the copyhold commissioners are confirmed by 16 & 17 Vict. c. 57, c. 23. so paid to such trustees, shall be applied by the said 6 & 7 Vict. trustees, with the consent of the said commissioners, in the manner directed and specified by the said act of and concerning any money to be paid for enfranchisement under the said act, into the Bank of England, in the name and with the privity of the said accountantgeneral (c); and upon every vacancy in the office of such trustee some other fit person shall be appointed by the said commissioners in like manner (d). Application of Acts. acts shall be XV. That the said recited act and this act shall be To what the construed to extend to all lands holden by copy of construed to court roll or by a custom of a manor for life or lives or extend. for years, whether the tenant thereof have or have not a right of renewal (e); and that the words "land or lands" shall extend to all corporeal and incorporeal hereditaments whatsoever, whether subject to manorial rights or otherwise, or any undivided part or share therein. XVI. And be it enacted, that this act shall be taken This act a and construed to be a part of the said recited act. (c) The trustees appointed by the commissioners for ecclesiastical corporations are to transfer the funds to the ecclesiastical commissioners. (16 & 17 Vict. c. 57, s. 6.) (d) See Copyhold Act, 1841, ss. 59, 73-75. (e) See Copyhold Act, 1841, s. 102, and note (n), ante, p. 368. part of recited act. 7 & 8 Vict. c. 55. former acts as to re covery of expenses, costs, &c. THE COPYHOLD ACT, 1844. 7 & 8 VICTORIA, c. 55. An Act to amend and explain the Acts for the Com- Recovery of Expenses. WHEREAS an act was passed &c. (g) and it is expedient further to amend and explain the said acts in cerProvisions of tain respects: be it enacted, that the provisions of the aforesaid acts, or either of them, as to the recovery of expenses, costs, and charges to be paid by any tenant, being a trustee, and not beneficially interested in the to extend to lands of which he stands admitted tenant, to be affected by any commutation or enfranchisement under the aforesaid acts or this act, shall extend as well to cases in which there shall not be an apportionment on commutation or enfranchisement in pursuance of the said aforesaid acts or this act, as to cases in which there shall be an apportionment on commutation or enfranchisement in pursuance thereof (h). cases where there shall not be an apportionment. Persons having a limited Charge on Lands. II. That every person beneficially interested in the said lands, having a limited beneficial interest only, and (f) In citing or referring to this act, in other acts, or legal instruments it is sufficient to use the expression "The Copyhold Act, 1844" 15 & 16 Vict. c. 51 s. 54. (g) The reference is to 4 & 5 Vict. c. 35, and 6 & 7 Vict. c. 23. (h) See sect. 67 of Copyhold Act, 1841, ante, 349. c. 55. expenses on who shall pay any such expenses, costs, and charges to 7 & 8 Vict. any tenant, being such trustee as aforesaid, may, with the consent of the copyhold commissioners under their beneficial hands, and by a simple entry on the court rolls of the interest only manor, and for which entry the steward shall only may charge charge thirteen shillings and four pence, and which the lands, shall not be subject to any stamp duty, charge such &c. expenses, costs, and charges, with interest thereon at the rate of four pounds per centum per annum, on the lands to which the same relate; but so, nevertheless, that the principal charged on such lands be lessened in every year following such charge one twentieth at least of such original charge, and shall be subject to previous mortgages (i). Who to be deemed beneficial Owner. tee is tenant, terested, the ficially in of commuta III. That as to any lands to be affected by any com- Where trusmutation or enfranchisement without apportionment (k) and not beunder the aforesaid acts or this act, or any of them, of neficially inwhich the tenant, being a trustee and not beneficially person beneinterested therein, stands admitted tenant, the person terested at beneficially interested therein at the date of the con- the date of firmation of the commutation agreement, or at the date confirmation of the conveyance deed, or other assurance by which tion, &c. shall the enfranchisement is made, as the case may be, shall be deemed be deemed, for all purposes in regard to expenses, costs interested. and charges, which any such trustee may have to pay under the aforesaid acts or this act, to be the person beneficially interested in such lands, within the meaning of the aforesaid acts, and this act respectively. Extension of Power to charge. beneficially for charging IV. That the provisions of the aforesaid acts, or Provisions either of them, charging and securing, and authorizing and securing the charging and securing of the consideration money of the conof any enfranchisement under the said acts, and the costs of the charges, with interest, and also as to the enfranchisepriority of the charges and securities of or for the same, and otherwise in reference thereto, shall, mutatis (i) See sect. 68, Copyhold Act, 1841, ante, p. 350. (k) See sect. 67 of Copyhold Act, 1841, ante, p. 349. mu sideration money of any ment to ex tend to cases in which there shall not be an apportionment, &c. |