An Act to continue compositions for assessed taxes until the
fifth day of April, one thousand eight hundred and forty-
three. 4 & 5 Vict. c. 26, p. 16.
compositions for assessed taxes continued for a further term
of one year ending the fifth day of April, one thousand
eight hundred and forty-three. Id. s. 1, p. 17.
except in cases where parties shall give notice to determine
the same on the fifth day of April, one thousand eight
hundred and forty-two. Id. s. 2, p. 17.
An Act for the commutation of certain manorial rights in
respect of lands of copyhold and customary tenure
and in respect of other lands subject to such rights
and for facilitating the enfranchisement of such lands
and for the improvement of such tenure.
4 & 5 Vict. c. 35, p. 29.
appointment of commissioners. Id. s. 1, p. 30.
style of commissioners. Id. s. 2, p. 30.
to have a common seal. Id. s. 2, p. 30.
instruments sealed to be received in evidence. Id. s. 2, p. 30.
commissioners to report to secretary of state. Id. s. 3, p. 30.
annual report to be laid before parliament. Id. s. 3, p. 30.
power to appoint and remove assistant commissioners, secre-
Id. s.
4, p. 30.
no commissioner to sit in House of Commons. Id. s. 5, p. 31.
operation of Act as to appointments limited to five years.
salaries and allowances. Id. s. 7,
to be paid out of consolidated fund. Id. s. 8, p. 32.
Id. s. 9, p. 32.
declaration of commissioners.
commissioners may delegate powers, &c. Id. s. 10, p. 32.
in case of the lord or tenant of a manor shall be under dis-
abilities. Id. s. 11, p. 32.
agent may be appointed by power of attorney. Id. s. 12, p. 33.
revocation of power of attorney. Id. s. 12, p. 33.
form of power of attorney. Id. s. 12, p. 34.
meetings may be called of lords or tenants of manors on
twenty-one days notice for the purpose of agreeing on
terms of commutation. Id. s. 13, p. 34.
at such meetings the lords and three-fourths in number of the
tenants and three-fourths in value of the interest in the
manor may agree on terms for the general commutation
of rents, fines, &c. Id. s, 13, p. 34.
terms on which agreements may be made Id. s. 14, p. 34.
commutation may take place in consideration of a fine on
death or alienation or at a fixed period. Id. s. 15, p. 36.
provisional agreements may be made. Id. s. 16, p. 36.
proportional interest how to be computed for purpose of
voting. Id. s. 17, p. 36.
meetings may be adjourned, notice being given.
agreement to be in the form which commissioners shall
direct. Id. s. 19, p. 37.
commissioners to frame and circulate forms, &c.
Id. s. 20, p. 38.
suits and differences as to rights or boundaries may be
referred to arbitration. Id. s. 21, p. 38.
consents to be required to agreements. Id. s. 22, P. 38.
agreements to be confirmed by the commissioners.
appointment of valuers. Id. s. 24, p. 39.
valuation. Id. s. 25, p. 40.
valuers may enter on lands, &c. Id. s. 26, p. 40.
not to act until he shall have made a declaration.
Id. s. 26, p. 40.
stewards to furnish information required by the valuers or the
commissioners. Id. s. 27, p. 41.
and make a schedule or statement as the commissioners may
direct. Id. s. 27, p. 41.
stewards may require information from tenants, &c.
penalty on tenant for default. Id. s. 27, p. 42.
valuers to take particular circumstances of each case into
consideration. Id. s. 28, p. 42.
schedules of valuation to be deposited for inspection and a
meeting appointed for hearing objections.
hearings may be adjourned. Id. s. 29, p. 43.
expences of proceedings under the Act. Id. s. 30,
p. 44.
schedule to be made by the commissioners. Id. s. 31, p. 45.
schedule of apportionment to be inspected, errors pointed out,
and schedule then confirmed. Id. s. 32, p. 45.
copies to be deposited with steward of the manor and clerk
of the peace. Id. s. 33. p. 46.
notice to parties. Id. s. 34, p. 46.
commissioners may correct errors with consent.
lands to be discharged from rents, fines, and heriots now
payable, and a rent-charge and fixed fine to be paid in
lieu thereof. Id. s. 36, p. 46.
schedule to specify in what event a rent-charge is to be in-
creased or diminished. Id. s. 37, p. 48.
if valuers be not appointed within six months or valuation be
not made within that period commissioners may appoint.
Id. s. 38 p. 48.
commissioners may hear and determine disputes.
Id. s. 39, p. 48.
proviso as to rights to mines or minerals. Id. s. 39, p. 48.
persons dissatisfied with decision may appeal by issue at law
or on case stated. Id. s. 40, p. 49.
verdict to be final. Id. s. 40, p. 50.
costs. Id. s. 40, p. 50.
proceedings not to abate by death of parties. Id. s. 41, p. 50.
in case of death of parties before actions brought, &c. the
same to be brought and carried on in their names.
Id. s. 42, p. 50.
power to examine witnesses, call for papers, Id. s. 43, p. 51.
expences of witnesses, &c. Id. s. 44, p. 51.
tenant paying rent-charge to be allowed the same in account
with his landlord. Id. s. 45, p. 51.
lands exempted from provisions of this Act in certain cases.
Id. s. 46, p. 51.
where rentcharge is in arrear for twenty-one days after half
yearly days of payment, the person entitled thereto may
distrain. Id. s. 47, p. 52.
when rentcharge is in arrear for forty days after half-yearly
days of payment, and no sufficient distress on the pre-
mises, writ to be issued directing sheriff to summon jury
to assess arrears. Id. s. 48, p. 52.
account, how to be rendered. Id. s. 49, p. 52.
powers of 4 & 5 W. 4, c. 22, to extend to rent-charges under
this Act. Id. s. 50, p. 53.
rents, &c. due before the commutation not to be affected.
power to effect a voluntary commutation.
proviso. Id. s. 52, p. 54.
power of lords of manors to recover commutation fines.
power to effect supplemental or substituted commutation.
apportionment of rent and fines.
power to lords and tenants to
Id. s. 54, p. 54.
Id. s. 55, P. 55.
effect voluntary enfranchise-
ments. Id. s. 56, p. 55.
proviso. Id. s. 56, p. 56.
for effecting such enfranchisement if agreement not entered
into by all the tenants or their numbers be less than
twelve. Id. s. 57. p. 57.
commissioners, before giving their consent, to satisfy them-
selves of the title to the manor; and the expences of the
investigation, as well as the general expences to be
borne by the parties as may be agreed upon, and in
default as the commissioners may direct. Id. s. 58, p. 57.
payment, &c. of purchase money where the lord's interest is
a partial one, &c. Id. s. 59, p. 57.
tenants may defer in certain cases the payment of a portion
of the consideration for enfranchisement until the next
event at which a fine would be payable. Id. s. 60. p. 57.
when such sum becomes due, the lord to be entitled to the
rents and profits of the land, and may proceed to obtain
possession, &c. Id. s. 61, p. 58.
of consideration
for enfranchisement. Id. s. 62,
power for other tenants to defer payment
where payments are deferred by tenants, provision to be made
for such lords as are only tenants for life.
substituted titles.
general expences.
action for expences.
expences of trustees.
Id. s. 64,
p. 60.
ld. s. 65, p. 60.
Id. s. 66, p. 60.
Id. s. 67,
copyholders having limited interests may charge costs on the
lands in certain cases. Id. s. 68,
expences payable by lords of manors may be charged on the
manors. Id. s. 69, p. 61.
lands to be charged with enfranchisement considerations as
on mortgage on fee. Id. s. 70, p. 62.
such sums to be first charges on the lands. Id. s. 71, p. 62.
power to mortgage. Id. s. 72, p. 62.
to whom monies for enfranchisement from lords' rights to be
paid. Id. s. 73,
p. 63.
in case of a limited estate or disability the money, if amounting
to 2007., in certain cases to be paid into the bank of England,
under 1 G. 4, c. 35. Id. s. 73, p. 63.
when less than 2001. and exceeding 201. Id. s. 74, p. 64.
when not exceeding 201. Id. s. 75, p. 64.
in case enfranchisement money be paid to a lord not entitled
thereto. Id. s. 76, p. 64.
payments to stewards. Id. s. 77, p. 64,
receipts to be sufficient discharges. Id. s. 78, p. 64.
after confirmation of the apportionment, &c. in cases of com-
mutation the customary modes of descent to cease and the
lands to descend and to be subject to dower and curtesy in
like manner as freehold lands. Id. s. 79, p. 65.
proviso. Id. s. 79, p. 65.
gavelkind exempted from operation of Act.
lands to become freehold subject to the payment of the
enfranchisement consideration.
commonable rights to remain. Id. s. 81, p. 66.
COPYHOLD-continued.
proviso for mortgages, wills, &c.
other rights of lords not to be affected. Id. s. 82, p. 66.
restrictions as to this Act. 1d. s. 83, p. 66.
power to tenants to grant rights of way, &c. to lords of
manors for mining purposes. Id s. 84, p. 66.
courts of equity may decree a partition of lands of copyhold
or customary tenure. Id. s. 85, p. 67.
lords of manors or their stewards may after the thirty-first
day of December, one thousand eight hundred and forty-
one hold customary courts, although no copyhold tenant
be present. Id. s. 86, p. 67.
lords or their stewards may, after the thirty-first day of
December, one thousand eight hundred and forty-one,
make, out of the manors and out of court, grants of lands
to be held by copy of court roll. Id. s. 87, p. 67.
lords or their stewards may after the thirty-first day of
December, one thousand eight hundred and forty-one,
grant admissions out of the manors and out of court.
Id. s. 88, p. 68.
after the thirty-first day of December, one thousand eight
hundred and forty-one, every surrender, &c. 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, shall be forthwith entered on the court rolls.
Id. s. 81, p. 68.
after thirty-first day of December, one thousand eight hun-
dred and forty-one, presentment by the homage shall
not be essential to the validity of an admission.
Id. s. 90, p. 68.
lords of manors in certain cases not to grant common or waste
lands without consent of homage of the manor.
Id. s. 91, p. 68.
power to lords to grant licenses to tenants to alienate their
ancient tenements in portions where they are now
restrained by the custom from so doing. Id. s. 92, p. 69.
awards, &c. not to be liable to stamp duties. Id. s. 93, p. 69.
false evidence to be deemed perjury. Id. s. 94, p. 69.
withholding evidence a misdemeanor. Id. s. 94, p. 69.
limitations of actions against commissioners, assistant com-
missioners, Justices, &c. Id. s. 95, p. 69.
proceedings under this Act not to be quashed for want of
form, nor removed by certiorari. Id. s. 96, p. 70.
certain provisions of this Act to extend to crown manors and
lands. Id. s. 97, p. 70.
Act to apply to crown lands only where expressly provided.
Id. s. 98, p. 70.
Id. s. 99, p. 71.
Act not to extend to the duchy of Cornwall.
limits of the Act. Id. s. 100, p. 71.
Act may be altered this session. Id. s. 101, p. 71.
interpretation clause. Id. s. 102, p. 71.
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