When less than 2001. 201. or interest and annual produce thereof shall from time to time, by order of the said court, be paid to the person or persons who would for the time being have been entitled to the rents and profits of the said manor had no enfranchisement been made as aforesaid. 74. Provided always, and be it enacted, That if any money to be paid for the enfranchisement from the lord's rights shall be less and exceeding than the sum of two hundred pounds, and shall exceed the sum of twenty pounds, after such allowance for deferred payments as aforesaid, then the same shall, at the option of the respective parties for the time being entitled to the said manor the right 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 accountant general, and be placed to his account as aforesaid, in order to be applied in manner herein-before directed; or otherwise the same may be paid, at the like option, to two trustees, to be nominated by the respective parties exercising such option, and such nomination and approbation to be signified in writing under the hands of the nominating parties; and the money so paid to such trustees, and the dividends and produce so arising therefrom, shall be by such trustees applied in like manner as is herein-before directed with respect to the money to be paid into the bank of England in the name of the accountant general of the Court of Exchequer. When not 75. Provided also, and be it further enacted, That when any exceeding 201. money so to be paid as last herein-before mentioned shall not exceed the sum of twenty pounds for all the enfranchisements in such manor, the same shall be paid, if the said commissioners shall so direct, to the respective parties for the time being entitled to the said manor, for his own use and benefit, or, in case of coverture, infancy, idiotcy, lunacy, or other incapacity, then such money shall be paid, for their use, to their respective husbands, guardians, committees, or trustees; and in case any dispute shall arise as to the proper application, appropriation, or investment of any enfranchisement money, according to the intention of this Act, it shall be lawful for the said commissioners to decide such question, and their decision shall be final and conclusive thereon. 76. Provided always, and be it enacted, That if any principal money shall be paid for enfranchisement to the lord of any manor Money be paid not entitled by the provisions of this Act to receive the same, the land in respect of which such principal money shall have been so paid shall continue charged with the payment thereof in favour of the person legally or equitably entitled to the same, but with such remedies against the person who shall have wrongfully received such money as purchasers are entitled to by the rules of law or equity. In case Enfranchisement to a Lord not entitled thereto. Payments to Stewards. Receipts to 77. And be it enacted, That all sums payable under this Act for compensation to the steward shall be paid to him, his executors or administrators. 78. And be it enacted, That the receipts of the persons to whom any sums of money shall be paid pursuant to this Act shall be be sufficient sufficient discharges for the same, and the person making such Discharges. payment shall not be liable to see to the application of any such sums, or be answerable for the misapplication or non-application thereof; and for the better evidencing such payment, the steward for the said manor for the time being shall, as to steward's compensation forthwith after payment thereof, and as to the payments for enfranchisements from the lord's rights forthwith after production of receipt for the same, signed by the party entitled to sign the same, enter on the copy apportionment to be deposited with him as aforesaid a memorandum of such payment, and which memorandum shall, in like manner as such receipt, be deemed sufficient evidence of such payment, and discharge the lands and the person paying the same from the sums mentioned to be paid. tionment, &c. and the lands like manner as 79. And be it enacted, That from and after the final confirma- After Contion of the apportionment, in the case of any commutation under firmation of this Act, or upon the execution of the deed whereby any volun- the Apportary commutation may have been effected, the several lands in cases of included in such commutation shall be held by copy or court roll, Commutation and shall be conveyed by surrender and admittance, in all cases in the Customary which the same shall have been previously so held and conveyed Modes of Desrespectively, and in all other cases shall be held and conveyed in cent to cease, such manner as the same are now by custom held and conveyed, to descend, and shall continue parcel of the same manors as such lands would and to be subhave been held of if such commutation had not taken place, but ject to dower the same lands shall thenceforth cease to be subject to the cus- and Curtesy, in toms of borough English or gavelkind, or to any other customary Freehold mode of descent, or to any custom relating to dower or freebench Lands. or tenancy by the curtesy of England; and all the laws relating to descents, or to estates of dower, or estates by the curtesy of England, which shall for the time being affect and be applicable to lands held in free and common soccage, shall thenceforth affect and be applicable to the lands included in every such commutation: Provided always, that nothing herein contained as to cur- Proviso. tesy or dower or freebench shall extend or be applicable to the case of any husband or widow who shall have been or shall be married before the final confirmation of the commutation apportionment, or the execution of such deed as aforesaid, or to alter or lessen, or in any way affect, any right which the husband or widow of any person who shall be tenant of a manor at the time of the confirmation of the said apportionment would or might have had if such commutation had not been made. 80. Provided always, and it is hereby expressly enacted and Gavelkind declared, That nothing in this Act contained shall extend, or be exempted from held, deemed, or construed to extend, in any respect to affect, alter, Act. Operation of or vary the custom of gavelkind as the same now exists and prevails in the county of Kent, but the same custom shall in every respect prevail and continue to prevail and be exercised in the said county, in the said manner and to the same extent, in all respects and particulars, after this Act shall have passed, as it has prevailed F the Enfranchisement and existed heretofore, any thing herein contained notwithstanding. Lands to be- 81. And be it enacted, That in the case of any enfranchisement come Freehold, under this Act, from and after the final confirmation of the apporsubject to the tionment, or the execution of the conveyance, (as the case may Payment of be,) the several lands therein respectively comprised and enfranchised shall become and be in all respects of freehold tenure, but Consideration. subject to the payment of the enfranchisement consideration in favour of the lords and steward or other officer as aforesaid; and all mortgages affecting the same shall be deemed and become mortgages of the freehold of the same lands for a corresponding estate, if such enfranchisement consideration shall be paid off, and if not so paid off, mortgages of the equity of redemption thereof, subject to such mortgage interest as aforesaid for securing such Commonable consideration: Provided always, that nothing herein contained Rights to shall operate to deprive any tenant of any commonable right to remain. which he may be entitled in respect of such lands, but such right shall continue attached thereto notwithstanding the same shall become freehold: Provided also, that no such enfranchisement or conversion into freehold shall affect, except as aforesaid, any mortgage, or defeat the beneficial limitations of any will or settlement theretofore executed, or alter the descent or distribution of any estate or interest in land on the decease of any tenant or person entitled thereto in possession or remainder at the time of such enfranchisement or conversion. Proviso for Other rights of Restrictions as to this Act. Power to grant Rights of 82. And be it enacted, That no commutation under this Act shall operate to affect any rights of lords of manors to escheats, fairs, markets, appointments, franchises, royalties, rights, liberties, and privileges of chase and free warren, hunting, hawking, fowling, and of chasing and killing game and beasts of chase and free warren, and all ancient piscaries, fisheries, and rights of fishing, or any rights in any mines and minerals or quarries within or under the said lands and hereditaments, or any other manorial rights whatever, unless expressly commuted under this Act: Provided always, that nothing in this Act contained shall operate to authorize or empower any lord of any manor to enclose any common or waste lands or any part thereof. 83. And be it enacted, That nothing herein contained shall operate to prevent any commutation or enfranchisement which may be made independently of this Act; and that nothing in this Act contained shall revive any right to fines or other manorial claims which now or hereafter shall be barred by any law in force for the limitation of actions or suits. 84. And be it enacted, That, in aid of the reservation of the lord's rights in mines and minerals lastly hereinbefore contained, it shall be lawful for the tenants, upon any commutation or enfranchisement under this Act, to grant to the lord of the manor such rights of entry and way, and other easements, in or upon and Mining Pur- through their respective lands, as may be requisite for the purpose of enabling the said lord, or his agents or workmen, the more Manors for poses. effectually to win and carry away any mines or minerals under the lands of such tenants or any of them; and that for the purposes of such grant, it shall be sufficient, in the case of a commutation, to state the fact of such grant, and the consideration (if any) to be payable for the same, in the agreement for commutation; but in the case of an enfranchisement for lands (subject to the lord's rights in mines and minerals) such rights of entry and way, and other easements, shall be reserved and granted in the enfranchisement conveyance. tition of Lands 85. And whereas it is expedient that facilities should be afforded Courts of by courts of equity to parties desirous of obtaining a partition of Equity may their lands of copyhold or customary tenure, but doubts are enter- decree a Partained whether by the practice of such courts the same can now of Copyhold or be obtained; be it enacted and declared, That from and after the Customary passing of this Act it shall be lawful for any court of equity, in Tenure. any suit to be thereafter instituted therein for the partition of lands of copyhold or customary tenure, to make the like decree, for ascertaining the rights of the respective parties to the suit in such lands, and for the issue of a commission for the partition of the same lands, and the allotment in severalty of the respective shares therein, as, according to the practice of such court, may now be made with respect to lands of freehold tenure. Copyhold 86. And be it enacted, That after the thirty-first day of Decem- Lords of ber, one thousand eight hundred and forty-one, it shall be lawful Manors, or for the lord of any manor, or his steward, or the deputy of such their Stewsteward, to hold a customary court for such manor, notwithstand-ards, may after 31st December, ing at the time of holding the same there shall not be any person 1841, hold who shall hold lands of such manor by copy of court roll, and also Customary notwithstanding, if there shall, at the time of holding such court, Courts, albe any person or persons who shall hold lands of such manor by though no copy of court roll, there shall not be any such person present at Tenant be such court, or there shall not be more than one such person present. present at such court; and every court so holden shall be deemed and taken for all purposes whatsoever to be a good and sufficient customary court: Provided always, that no proclamation made at any court so holden shall affect the right, title, or interest of any person not present at the same, unless notice of such proclamation having been made shall be duly served, within one month after such meeting shall have been holden, on the persons whose right, title, or interest may be affected by such proclamation. 87. And be it enacted, That after the thirty-first day of De- Lords or their cember, one thousand eight hundred and forty-one, it shall be Stewards, may, lawful for the lord of any manor, or his steward, or the deputy of after 31st December, such steward, to grant, at any time and at any place, either within 1841, make, or out of such manor, and without holding a court for such manor, out of the any lands, parcel of such manor, to be held by copy of court roll, Manors and or according to the custom of the said manor, which such lord out of Court, shall for the time being be authorized or empowered to grant out Lands to be to be held by copy of court roll, or according to such custom, held by Copy so nevertheless that such lands be granted for such estate only, of Court Roll. Grants of and to such person only, as such lord, steward, or deputy shall for the time being be authorized or empowered to grant the same, Lords, or their 88. And be it enacted, That after the thirty-first day of Destewards, may, cember one thousand eight hundred and forty-one, it shall be lawful for the lord of any manor, or his steward, or the deputy of such steward, to admit, at any time and at any place, either within or out of such manor, and without holding a court for such manor, any person as tenant to any lands, parcel of such manor, to be held by copy of court roll, or according to the custom of such manor, to and for which such person, shall for the time being be entitled to be admitted. after 31st After 31st proved to the not be assem bled shall be forthwith entered on the Court Rolls. After 31st December, 1841, Presentment by the Homage shall not be essential to the Validity of an Admission. Lords of Manors in cer tain Cases not to grant Common or 89. And be it enacted, That after the thirty-first day of December one thousand eight hundred and forty-one, every surrender and deed of surrender which the lord shall be compellable to accept or shall accept, and also every will and codicil a copy of which respectively shall be delivered to the lord of the manor of which the lands affected by such surrender, deed of surrender, will, and codicil are parcel, or to his steward, or the deputy of such steward, either at any court holden for such manor at which there shall not be any homage assembled, or out of court, and also every grant and admission by the lord of any manor, or his steward, or the deputy of such steward, pursuant to this Act, shall be forthwith entered on the court rolls of the manor by such lord, or steward, or deputy; and every entry made on the court rolls of any manor pursuant to this present clause shall for all purposes whatsoever be deemed and taken to be an entry made in pursuance of a presentment made at a court holden for such manor by the homage assembled thereat; and the steward, or his deputy, shall be entitled to the same fees and other charges for making such entry on the court rolls as he would have been entitled to in respect of such entry in case the same had been made in pursuance of a presentment made at a court holden for such manor by the homage assembled thereat. 90. And be it enacted, That, after the thirty-first day of December one thousand eight hundred and forty-one, it shall not be essential in any case to the validity of the admission of any person, as tenant of any lands held of any manor by copy of court roll, or according to the custom of such manor, that a presentnent sha'l be made by the homage assembled at any court holden for such manor of the surrender, will, or other instrument, or fact, in pursuance or in consequence of which such admission shall have been granted. 91. Provided always, and be it enacted, That where by the custom of any manor the lord of such manor is authorized, with the consent of the homage of such manor, to grant any common waste lands of such manor to be holden of the lord by copy of Waste Lands court roll, nothing in this Act contained shall operate to authorize or empower the lord to grant any such common or waste lands, without the consent of the homage assembled at a customary court holden for such manor, nor shall any court holden for such manor without Con sent of Homage of the Manor. |