c. 57. visions of the copyhold acts, and the church estates 16 & 17 Vict. commissioners and ecclesiastical commissioners shall respectively have the same powers over such consideration monies, or the interest accruing thereon, or upon land, rent-charges, or securities acquired in respect thereof, and also over or against any ecclesiastical corporation interested therein, as such commissioners respectively would have had if such enfranchisement had been effected with the consent of the said church estates commissioners, and under the provisions of the said act of the fourteenth and fifteenth of her Majesty; and where the consideration money for any such enfranchisement has been paid into the Bank of England to the credit of the accountant-general of the Court of Chancery ex parte the copyhold commission, and has not been invested, the said accountant-general shall, upon the order of the Court of Chancery to be made upon a petition to be presented to the said court by the said ecclesiastical commissioners, cause such money to be paid or transferred to such account in the Bank of England as the said church estates commissioners shall in each case appoint: provided always, that it shall be lawful for the said court to order that all the costs and expenses incurred in the obtaining of such order shall be paid out of such money previous to its payment or transfer to the account appointed by the said church estates commissioners, and in case of various funds being included in the said order to direct the distribution of such costs amongst the several funds in such manner as the court shall think fit. commis. have all such scope of V. And whereas in cases of enfranchisement by ec- Trustees apclesiastical corporations effected or purporting to be pointed by effected under the copyhold acts the monies paid for sioners to enfranchisement for the lord's rights have been paid powers as if into the hands of trustees nominated under the hands within the and seal of the copyhold commissioners, to be applied sect. 14 of by the said trustees, with the consent of the said commissioners, in the manner directed and specified in the said copyhold acts of and concerning any money to be paid for enfranchising under the said acts into the Bank of England in the name and with the privity of 6 & 7 Vict. c. 23. c. 57. 16&17 Vict. the accountant general of the Court of Chancery: be it enacted, that in all cases where trustees have been so appointed by the said commissioners, such appointments shall be deemed to be and the same are hereby declared to be valid and effectual, and within the scope and intent of the fourteenth section of the act of the sixth and seventh years of her Majesty, chapter twenty-three, and such trustees are hereby declared to have and to have had all such powers and liabilities, and all acts done by such trustees, and all consents and confirmations by the copyhold commissioners in relation to the acts of such trustees, shall be and are declared to have been as valid and effectual, as in the case of other trustees nominated according to the scope and intent of the said section of the said last-mentioned act (u). Trustees appointed by copyhold commissioners to VI. Provided always, that in all cases wherein trustees have been so appointed by the said copyhold commissioners, and shall stand possessed of monies paid transfer the for enfranchisement of lands subject to manorial or funds to ec clesiastical commissioners. Liability of trustees to cease. other rights of ecclesiastical corporations, or of land or securities in respect thereof, the copyhold commissioners shall, by an order under their hands and seal, direct such trustees to pay over the monies of which they may so stand possessed, or to convey such land or transfer such securities, to the ecclesiastical commissioners for England, who are hereby required to accept the same, and to apply such monies, land or securities respectively, and the land or securities to be purchased with such money respectively, in the manner directed and specified in the copyhold acts of and concerning any money to be paid for enfranchising under the said acts into the Bank of England in the name and with the privity of the accountant general of the Court of Chancery. VII. When such trustees shall have paid over, conveyed or transferred to the ecclesiastical commissioners in pursuance of this act the whole of the monies, land or securities of which they may so stand possessed as aforesaid, their liabilities as such trustees in respect of (u) See Copyhold Act, 1843, s. 14, ante, p. 378, and Copyhold Act, 1852, s. 39, ante, p. 405. c. 57. any such monies, land or securities shall cease and de- 16& 17 Vict. termine, and the expenses of all such payments, conveyances or transfers shall be paid by the ecclesiastical commissioners out of any monies that may come into their possession in respect of the money, land or securities so to be paid over, conveyed or transferred. be com VIII. All agreements for the enfranchisement of Pending prolands held of any ecclesiastical corporation for a life ceedings to or lives or for years, where the tenants thereof have pleted. not a right of renewal, which have been entered into with the consent of the copyhold commissioners before the passing of this act, shall be valid and effectual, and such enfranchisements shall be capable of being completed under the copyhold acts, notwithstanding the proviso hereinbefore contained, but the money to be paid for such enfranchisements shall be paid and applied in the manner hereinbefore particularly mentioned; and a recital in the instrument of enfranchise- Recital or enment or an indorsement thereon, under the seal of dorsement to the copyhold commissioners, that the agreement for such enfranchisement was entered into, with such consent as aforesaid, before the passing of this act, shall be conclusive evidence thereof. be evidence. commissioners to randum of payment, or transfer. IX. In all cases where any trustees as aforesaid shall Ecclesiastical have paid over, conveyed or transferred any monies, land or securities to the ecclesiastical commissioners in give memopursuance of any order under the hands and seal of the copyhold commissioners, or when any money shall be conveyance paid to the ecclesiastical commissioners for enfranchisements, the proceedings in respect of which were commenced before the passing of this act, the ecclesiastical commissioners shall, at the request of the copyhold commissioners, deliver to the copyhold commissioners a memorandum of the payment of the monies or the conveyance of the land, or the transfer of the securities, as the case may be, and such memorandum Memoranshall be evidence of the fact of such payment, convey- evidence. ance or transfer. dum to be be settled. X. That in all cases of enfranchisement under the Costs how to copyhold acts all costs properly payable by any persons interested in the enfranchisement of any land shall be J c. 57. 168 17 Vict. settled and ascertained by the commissioners or assistant commissioners (pursuant to the provisions of the act passed in the fifteenth and sixteenth years of her present Majesty) (w); and that no costs or expenses shall be recoverable from any person whomsoever of or relating to or by reason of any enfranchisement, until the same shall have been certified under the hands and seal of the said commissioners or of an assistant commissioner to have been reasonably and properly incurred. Act to be part XI. This act shall be taken and construed as part of of copyhold the recited copyhold acts (x). acts. (w) See Copyhold Act, 1852, s. 30, ante, pp. 400, 401. MANAGEMENT AND IMPROVEMENT OF ESTATES BELONGING TO THE CHURCH. 14 & 15 VICTORIA, CAP. 104. An Act to facilitate the Management and Improvement of Episcopal and Capitular Estates in [8th August, 1851]. England. c. 104. Whereas it would tend to the improvement of epis- 14 & 15 Vict. copal and capitular estates in England, without prejudice to the interests of persons holding leases granted thereof, if facilities were given for such dealings as hereinafter mentioned between ecclesiastical corporations and their lessees: be it therefore enacted as follows: clesiastical proval of missioners to change or to pur other lessees. 1. It shall be lawful for any ecclesiastical corporation, Power of ecsole or aggregate, with the approval in writing of the corporations, church estates commissioners, who shall pay due regard with apto the just and reasonable claims of the present holders church of land under lease or otherwise arising from the long estate comcontinued practice of renewal, to sell to any lessee sell, enfranunder any lease granted by such corporation the rever-chise or exsion, estate and interest of such corporation in all or church lands, any of the lands comprised in such lease, for such con- chase the insideration, upon such terms and in such manner as such terests of corporation and lessee may, with such approval as aforesaid, think fit; and it shall be lawful for any such ecclesiastical corporation, with such approval as aforesaid, to enfranchise any copyhold or customary land held of any manor belonging to such corporation, or to exchange with any lessee under any lease granted by such corporation all or any of the lands therein comprised, or the reversion, estate and interest therein of such corporation, for any other lands, whether of freehold, copyhold or customary tenure, or for the estate and interest of such lessee in any other lands belonging to such corporation, and upon any such exchange either to receive or pay any money by way of equality |