c. 51.

15 & 16 Vict. all lords seised of any manor, whether they have or have not an absolute power of selling or disposing of the same; and the word "steward" shall extend to and include a deputy steward or clerk acting as such for the time being.

This act to

be deemed

acts.

Incorporation of Act with preceding Acts.

LIII. This act shall be taken and construed as part part of other of the first-recited act, and the acts amending and excopyhold plaining the same; and all the enactments therein contained as to enfranchisements effected under the provisions thereof shall be deemed and taken to apply to enfranchisements under this act, and to the rights of all parties thereto, as if such enactments were here again repeated, except so far as is herein before otherwise provided for; and all enfranchisements which may have taken place under such acts or any of them, and all matters and things incident thereto, shall be of the same force, validity and effect as if the provisions of this act had been contained in the said first-recited act.

Titles of acts.

Not to impede enfran

Short Titles of Acts.

LIV. In citing or referring to the said recited acts and this act, or any of them, in other acts or legal instruments, it shall be sufficient to use the expression "The Copyhold Acts," or "The Copyhold Act, 1841," "The Copyhold Act, 1843," "The Copyhold Act, 1844," or "The Copyhold Act, 1852," as the case may be.

Reservation of other Powers of Enfranchisement. LV. Provided always, that nothing herein contained chisement ir- shall interfere with or prevent or impede the enfranrespective of chisement of any lands whatsoever which may be enfranchised irrespective of this act, where parties comparliament. petent to do so shall agree on such enfranchisement, or the exercise of any powers contained in any other acts of parliament (r).

this act, or

powers in other acts of

(r) See Copyhold Act, 1841, s. 83, ante, p. 359, and pp. 249

SCHEDULE.

No. 1.

FORM of DEED of ENFRANCHISEMENT.

This indenture, made the

year

day of

in the

between A. B., lord of the manor of of the one part, and C. D. of in the county of a tenant of the said manor, of the other part:

day of

Whereas on or about the
the said
[tenant] was admitted tenant to the lands parcel of the
said manor described in the schedule hereto, upon an
absolute surrender passed to his use by Tor by
virtue of a bargain and sale from

or by virtue of

the will of
or as customary heir of
as the
case may be]: Now this indenture witnesseth, that in
consideration of the sum of pounds sterling by
the said [tenant] to the said [lord] now paid, the receipt
of which the said [lord] hereby acknowledges [or in
consideration of the rent-charge to be reserved, as the
case may be], he the said [lord], in exercise of any
power given him by the said copyhold acts, or any
other power whatsoever, and with the consent of the
copyhold commissioners, hereby enfranchises and re-
leases unto the said [tenant], his heirs and assigns, all
the lands to which the said [tenant] was so admitted
tenant as herein before recited, and which are described
in the schedule hereto, together with their appurte-
nances, to hold the said lands (subject to the [here
state the gross sum of money or rent-charge] secured to
the said by the certificate of the copyhold com-
missioners, as the case may require) unto the said [te-
nant], his heirs and assigns [here state any uses which
may be required] as freehold, henceforth and for ever,
discharged by these presents from all fines, heriots,
reliefs, quit-rents and all other incidents whatsoever of
copyhold or customary tenure: provided always, that
nothing in this deed contained shall prejudice or affect
the rights or remedies of the said [lord] in respect of
any lands held of the said manor, other than those
comprised in the schedule hereto, nor any of the rights
reserved by the Copyhold Act, 1852, section forty-
eight. In witness, &c.

The Schedule.

15&16Vict.

c. 51.

15& 16Vict. c. 51.

No. 2.

CERTIFICATE of CHARGE affecting LANDS comprised in an Enfranchisement in the Manor

of

We,

's Enfranchisement.

the copyhold commissioners, do hereby certify, that the [here state the gross sum of money, or the annual rent-charge, which is the consideration for the enfranchisement, as the case may be] has been awarded on account of the enfranchisement of the lands described in the schedule hereto, and we hereby charge the same lands with the payment of the [here state the gross sum of money, or annual rent-charge, as the case may be; and, if a gross sum of money, add, with interest thereon at the rate of pounds per centum per annum] [here insert the terms of payment of the principal and interest (if any), and the place (if any) agreed on for payment thereof]; and we certify, that the whole principal money charged on the said lands under certificates of charge amounts to the sum of pounds, and that the said lands were enfranchised subject to [mention any gross sums or annual rentcharges (other than tithe rent-charges) subject to which the lands were enfranchised]. In witness whereof we the said have hereunto set our hands and the seal of the said commissioners, this

and

day

[Seal of the said Commissioners.]

[Here may follow receipts for principal and interest

respectively.]

THE COPYHOLD AMENDMENT ACT,

1853.

16 & 17 VICTORIA, CAP. 57.

An Act to explain and amend the Copyhold Acts. [4th August, 1853.]

c. 57.

66 To
4 & 5 Vict.

35.

c. 23.

c. 51.

Whereas doubts have arisen as to the construction of 16 & 17 Vict. "The Copyhold Acts," and also the act of the fourteenth and fifteeth years of her present Majesty, facilitate the Management and Improvement of Epis- c. copal and Capitular Estates in England," and as to the 6 & 7 Vict. powers under the provisions of the first-recited acts of 15 & 16 Vict. ecclesiastical corporations, sole or aggregate, to en- 14 & 15 Vict. franchise lands, and of the copyhold commissioners to c. 104. confirm or consent to such enfranchisements, and to nominate trustees to receive and apply money paid for such enfranchisements; and it is expedient to remove such doubts, and further to amend the said copyhold acts be it therefore enacted and declared as follows:

enfranchise

of ecclesias

tions.

I. The provisions of the copyhold acts concerning Removing the commutation of manorial rights in lands and the doubts as to enfranchisement of lands, and concerning the payment ment, &c. of of monies to be paid for enfranchisement where the land holden lord is only entitled to a limited estate or interest or is tical corporaunder legal disability, shall be deemed to have extended, and subject to the provisions herein contained shall continue to extend, to lands holden of any ecclesiastical corporation, sole or aggregate, and lands parcel of any manor belonging to any such corporation, and the application of the said provisions, or any of them, to such lands, shall not be deemed to have been interfered with by the said act of the fourteenth and fifteenth years of her Majesty (s).

(s) See this act, post, pp. 421-427.

16 & 17 Vict. . 57.

C.

Commuta

tions or enfranchise

II. No commutation or enfranchisement by any ecclesiastical corporation sole or aggregate already made or purporting to be made under the copyhold acts or any of them, or to be made in pursuance of any agreement ments in con- already approved of by the copyhold commissioners, sideration of shall be impeached by reason of the consideration or part of the consideration for the same having been or firmed. being a surrender of any lands held for a life or lives or years without right of renewal, or for any terminable or limited estate or interest.

surrender of

limited in

terests con

Enfranchisements that may be ef

fected under may also be

other acts

effected under copyhold acts.

Application of considera

tion money in cases

where enfranchise

have been

effected under the

14 & 15 Vict. c. 104.

III. All lands, except as hereinafter excepted, which are capable of enfranchisement by the exercise of any powers contained in any other act of parliament, or which may be otherwise enfranchised irrespectively of the copyhold acts, shall also be capable of being enfranchised under the powers and provisions of the copyhold acts, and by the sole authority of those powers and provisions, and without any other consent or authority than such as is required by the provisions of the same acts! provided always, that lands held for a life or lives or for years of any manor belonging either in possession or reversion to any ecclesiastical corporation, where the tenant of such lands hath not a right of renewal, shall not hereafter be dealt with under the copyhold acts, except in the cases hereinafter particularly mentioned (t).

IV. Whenever proceedings which have been or shall be commenced under the provisions of the copyhold acts for the enfranchisement of any lands shall terminate in enfranchisement, and it shall appear to the ment might copyhold commissioners that the enfranchisement was one which might have been effected under the provisions of the said act of the fourteenth and fifteenth of her Majesty, the monies or rent-charges which form the consideration of such enfranchisement shall be paid and applied to the same account and in the same manner as if such enfranchisement had been effected under the said act of the fourteenth and fifteenth years of her Majesty, and all the provisions of the said last-mentioned act which affect the application of enfranchisement monies under that act shall be applicable to such enfranchisements as aforesaid made under the pro

(t) See s. 8, post, p. 419.