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not be assem
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 after 31st December,
for the lord of any manor, or his steward, or the deputy of such 1841, grant
steward, to admit, at any time and at any place, either within or Admissions out of such manor, and without holding a court for such manor, out of the
any person as tenant to any lanols, parcel of such manor, to be Manors and
held by copy of court roll, or according to the custom of such out of Court.
manor, to and for which such person, shall for the time being be
entitled to be admitted. After 31st 89. And be it enacted, That after the thirty-first day of DeDecember,
cember one thousand eight hundred and forty-one, every surrender 1841, every
and deed of surrender which the lord shall be compellable to accept Surrender, &c. delivered to or shall accept, and also every will and codicil a copy of which the Lord or respectively shall be delivered to the lord of the manor of which Steward, and the lands affected by such surrender, deed of surrender, wil), and
codicil are parcel, or to his steward, or the deputy of such steward, proved to the Lord or
either at any court holden for such manor at which there shall not Steward, at be any homage assembled, or o it of court, and also every grant any Court
and admission by the lord of any manor, or his steward, or the whereat a
deputy of such steward, pursua it to this Act, shall be forthwith Homage shall
entered on the court rolls of the manor by such lord, or steward, bled shall be or deputy; and every entry made on the court rolls of any manor forthwith pursuant to this present clause shall for all purposes whatsoever be entered on the deemed and taken to be an entry made in pursuance of a presentCourt Rolls.
ment made at a court holden for such manor by the homage assembled thereat; and the stew:ırd, 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. After 31st
90. And be it enacted, That, after the thirty-first day of DeDecember, 1841, Present-cember one thousand eight hundred and forty-one, it shall not be ment by the essential in any case to the validity of the admission of any person, Homage shall 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 shall tial to the Validity of
be made by the homage assembled at any court holden for such an Admis
manor of the surrender, will, or other instrument, or fact, in pursion.
suance or in consequence of which such admission shall have been
granted. Lords of
91. Provided always, and be it enacted, That where by the Manors in certain Cases not custom of any manor the lord of such manor is authorized, with to grant
the consent of the homage of such manor, to grant any common Common or 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 without Con
or empower the lord to grant any such common or waste lands, sent of Homage of
without the consent of the homage assembled at a customary court the Manor. holden for such manor, nor shall any court holden for such manor
not be essen
are now re
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.
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 empɔwer the steward to give, by any
Portions, writing under his hand, to be afterwards entered upon the rolls of
where they 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 custonary 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 bis 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 tènement 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
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.
95. And be it enacted, That nɔ action or suit shall be commenced Limitation of against any commissioner, assistant commissioner, Justice of the Actions against
CommissionPeace, valuer, umpire, or surveyor, for any thing done under
ers, Assistant 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
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. Proceedings
96. And be it enacted, That no order, adjudication, or prounder this Act ceeding made or had by or before the said commissioners or any not to be
assistant commissioner under the authority of this Act, or any quashed for Want of
proceeding to be had touching any offender against this Act, shall Form nor re- be quashed for want of form, or be removed or removeable by moved by certiorari or any other writ or process into any of Her Majesty's Certiorari.
Courts of record at Westminster or elsewhere. Certain Pro- 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.
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 Jords 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. Act to apply
98. And be it enacted, That, subject as is herein-before expressly to Crown
provided, nothing in this Act contained shall be taken to apply Lands only
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 containe 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
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
102. And be it enacted, That in the construction and for the pur- Interpretation poses of this Act, unless there be something in the subject or
Clause. 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 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
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.
King William the Fourth, "for the more easy recovery
[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 5 & 6 W. 4, 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 Enactments 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 astical Dues
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 Courts in
Quaker, shall extend and be applied to all ecclesiastical courts in England.
sitions for Tithes from Persons of the Persuasion of the
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