be deemed or taken to be a good or sufficient customary court for such purpose unless the same shall have been duly summoned and holden according to the custom of such manor in such cases used and accustomed before the passing of this Act, and unless there shall be present at such court a sufficient number of persons holding lands of such manor by copy of court roll to constitute according to such custom a homage assembled at such court. tenants to are now re 92. And whereas by the custom of certain manors the lords Power to Lords are restrained from granting licences to their tenants to alien their to grant Liancient tenements otherwise than by entireties; be it enacted, that cences to from and after the passing of this Act it shall be lawful for any alienate their tenant of any such manor, by and with the licence of the lord of ancient Tenethe manor, or the steward thereof (which licence such lord is here- ments in by authorized to give, or to empower the steward to give, by any Portions, where they writing under his hand, to be afterwards entered upon the rolls of the manor,) to dispose of his ancient tenement, or any part thereof, strained by the by devise, sale, exchange, or mortgage, in such parcel or parcels Custom from as he shall think proper, but subject to the payment of such portion so doing. or portions of the yearly customary lord's rent payable for the whole of such ancient tenements as shall be set and apportioned upon such parcel or parcels by the lord of the manor of which such ancient tenement is holden, or his steward, or the deputy of such steward; and such parcel or parcels shall, except so far as the tenure or descent thereof shall be affected by this Act, be held of the lord of the same manor in all respects, and shall be from time to time conveyed in such manner, as any such original tenement has by custom been held and conveyed. 93. And be it enacted, That no agreement, award, schedule of Awards, &c apportionment, or power of attorney, made or confirmed or used not liable to under this Act, shall be chargeable with any stamp duty. Stamp Duties. 94. And be it enacted, That if any person under the provisions False Evidence of this Act shall wilfully give false evidence he shall be deemed to be deemed guilty of perjury; and if any person shall make or subscribe a Perjury. false affidavit or declaration for the purposes of this Act, he shall · suffer the penalties of perjury; ar d if any person shall wilfully refuse to attend in obedience to any lawful summons of any commissioner or assistant commissioner, or to give evidence, or shall wilfully Withholding alter, withhold, destroy, or refuse to produce any book, deed, con- Evidence a tract, agreement, account, or writing, terrier, map, plan, or survey, Misdemeanor. or any copy of the same, which may be lawfully required to be produced before the said commissioners or assistant commissioner, he shall be deemed guilty of a misdemeanors. Commission ers, Assistant 95. And be it enacted, That no action or suit shall be commenced Limitation of against any commissioner, assistant commissioner, Justice of the Actions against Peace, valuer, umpire, or surveyor, for any thing done under the authority of this Act, until twenty-one days notice thereof Commissionshall have been given in writing to the party against whom such ers, Justices, action or suit is intended to be brought, or after sufficient satisfaction &c. or tender of amends shall have been made to any party aggrieved, or after three calendar months shall have expired from the com Proceedings under this Act not to be quashed for Want of Form nor re moved by Certiorari. Certain Pro mission of the act for which such action or suit shall be so brought and every such action shall be brought, laid, and tried in the county or place where the cause of action shall have arisen, and not in any other county or place; and if it shall appear that such notice of action or suit was brought before twenty-one days notice thereof given as aforesaid, or that sufficient amends were made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before limited in that behalf, or such action shall be laid in any county or place other than as aforesaid, then the jury shall find a verdict for the defendant therein, or the court, upon summary application by motion in any such suit, may dismiss the same against such defendant; and if a verdict shall be found for such defendant, or such suit shall be dismissed upon application as aforesaid, or if the plaintiff in such action or suit shall become nonsuit, or suffer a discontinuance of such action, or if upon any demurrer in such action or suit judgment shall be given for the defendant therein, then such defendant shall have costs, charges, and expences as between attorney and client. 96. And be it enacted, That no order, adjudication, or proceeding made or had by or before the said commissioners or any assistant commissioner under the authority of this Act, or any proceeding to be had touching any offender against this Act, shall be quashed for want of form, or be removed or removeable by certiorari or any other writ or process into any of Her Majesty's Courts of record at Westminster or elsewhere. 97. And be it enacted, That the provisions of this Act enabling visions of this tenants to grant rights of way or entry and other easements to Act to extend the lord of the manor in or upon and through their respective to Crown Ma- lands for mining purposes; for enabling courts of equity to nors and Lands. Act to apply to Crown Lands only decree a partition of lands of copyhold or customary tenure; for enabling lords of manors or their stewards to hold customary courts although no copyhold tenant be present, and for enabling lords or their stewards to make, out of the manors and out of court, grants of lands to be held by copy of court roll; for enabling lords or their stewards to grant admissions out of the manors and out of court; and for requiring every surrender, will, and codicil, a copy of which shall be delivered to the lord or steward, and every fact proved to the lord or steward at any court whereat a homage shall not be assembled, to be forthwith entered on the court rolls; and determining that presentment by the homage shall not be essential to the validity of an admission, shall extend and apply to manors or lands vested in Her Majesty in right of her crown and the duchy of Lancaster, and to any enfranchisement of lands held of such manors to be effected under the powers given by any existing Act or Acts of Parliament, and to the stewards and tenant for the time being of such manors. 98. And be it enacted, That, subject as is herein-before expressly provided, nothing in this Act contained shall be taken to apply to any manors or hereditaments vested in Her Majesty in right where express- of Her crown or of the duchy of Lancaster. ly provided. 99. And be it further enacted, That, nothing in this Act contain- Act not to ed shall extend or be construed to extend to, or to prejudice or extend to the derogate from, the estate, right, title, interests, privileges, or Duchy of Cornwall. 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. 100. And be it enacted, That this Act shall extend only to Limits of England, Wales, and Ireland. the Act. 101. And be it further enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present session of altered this parliament. Session. 102. And be it enacted, That in the construction and for the pur- Interpretation Clause. poses of 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; the words "lord" and "steward" shall include the person or persons for the time being filling those respective characters, or acting in those respective capacities, whether those persons shall be rightfully or lawfully entitled to fill such characters or act in such capacities, or not, and the word "steward" shall also include the clerk of any manor; 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, 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, and whether in fee or for life or lives, 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 or 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 include any 5 & 6 W. 4, c. 74. body politic or corporate or collegiate 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. CAP. XXXVI. An Act to amend an Act of the Fifth and Sixth Years of King William the Fourth, "for the more easy recovery of Tithes; and to take away the Jurisdiction from the Ecclesiastical Courts in all Matters relating to Tithes of a certain Amount. [21st June, 1841.] WHEREAS it is expedient to extend all the provisions of an Act passed in the fifth and sixth years of His late Majesty King William the Fourth, intituled An Act for the more easy Recovery of Tithes, to all suits in the ecclesiastical courts hereafter to be commenced for the recovery of any tithes, oblations, or compositions of or under the yearly value of ten pounds, and of any great or small tithes, moduses, compositions, rates, or other ecclesiastical dues or demands whatsoever, of or under the value of fifty pounds, withheld by any Quaker: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present and Provisions Parliament assembled, and by the authority of the same, That of recited Act from and after the passing of this Act all the enactments and prorespecting Proceedings visions of the said recited Act passed in the fifth and sixth years for the Reco- of His late Majesty King William the Fourth, respecting suits or very of certain other proceedings in any of Her Majesty's courts in England, in other Ecclesi- respect of tithes, oblations, and compositions of or under the yearly value of ten pounds, and of any great or small tithes, moduses, extended to all compositions, rates, or other ecclesiastical dues or demands whatEcclesiastical soever, of or under the value of fifty pounds, withheld by any Quaker, shall extend and be applied to all ecclesiastical courts in England. Enactments Tithes and astical Dues Courts in England. CAP. XXXVII. An Act for the more easy Recovery of Arrears of Compositions for Tithes from Persons of the Persuasion of the People called Quakers, in Ireland. [21st June, 1841.] CAP. XXXVIII. An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools. [21st June, 1841.] WHEREAS it is expedient that greater facilities should be given for the erection of schools and buildings for the purposes of educa tion: May it therefore please your Majesty that it may be enacted: and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act Repeal of 6 & 7 an Act passed in the session held in the sixth and seventh years W. 4, c. 70; of the reign of His late Majesty King William the Fourth, intituled but things done in purAn Act to facilitate the Conveyance of Sites for School-rooms, shall suance thereof be and the same is hereby repealed; provided that all matters and declared valid, things done in pursuance of the said Act shall be and remain valid and those comas though the said Act was not repealed; and all matters and menced to be things commenced in pursuance of the said Act shall be continued continued according to according to the provisions of this Act, if the same shall be applica- this Act. ble, otherwise shall be continued conformably to the said recited Act, which shall be deemed to be still in force with regard to such proceedings. Sites for 2. And be it enacted, That any person, being seised in fee Landlords simple, fee tail, or for life, of and in any manor or lands of free- empowered to hold, copyhold, or customary tenure, and having the beneficial convey Land interest therein, or in Scotland being the proprietor in fee simple to be used as or under entail, and in possession for the time being, may grant, Schools, &c. convey, or enfranchise by way of gift, sale, or exchange, in fee simple or for a term of years, any quantity not exceeding one acre of such land, as a site for a school for the education of poor persons, or for the residence of the schoolmaster or schoolmistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge; provided that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless the person next entitled to the same in remainder, in fee simple or fee tail, (if legally competent,) shall be a party to and join in such grant: Provided also, that where any portion of waste or commonable land shall be gratuitously conveyed by any lord or lady of a manor for any such purposes as aforesaid, the rights and interests of all persons in the said land shall be barred and divested by such conveyance: Provided also, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become a portion of the said estate held in fee simple or otherwise, or of any manor or land as aforesaid, as fully to all intents and purposes as if this Act had not been passed, any thing herein contained to the contrary notwithstanding. caster empow 3. And whereas it may be expedient and proper that the chan- Chancellor and cellor and council of Her Majesty's duchy of Lancaster, on Her Council of the Majesty's behalf should be authorized to grant, convey, or enfran- Duchy of Lanchise, to or in favour of the trustee or trustees of any existing or ered to grant intended school, lands, and hereditaments belonging to Her Lands to the Majesty in right of Her said duchy, for the purposes of this Act; Trustees of be it therefore enacted, That it shall and may be lawful for the any existing or |