86.

Proceedings under this

Act not to be quashed for want of form,

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 expenses as between attorney and client.

And be it Enacted, That no order, adjudication or proceeding made 10 or had by or before the said Commissioners or any Assistant Commissioner under the authority of this Act, or any proceeding to be had nor to be re- touching any offender against this Act, shall be quashed for want of moved by form, or be removed or removable by Certiorari or any other writ or process into any of Her Majesty's Courts of Record at Westminster or 15 elsewhere.

Certiorari.

87. Certain provisions of this

Act to extend

to Crown Manors and Lands.

88. Act to apply to Crown Lands only where expressly provided.

89.

Act not to
extend to the
Duchy of
Cornwall.

And be it Enacted, That the provisions of this Act enabling tenants to grant rights of way or entry and other easements to the lord of the manor in or upon and through their respective lands for mining purposes; for enabling courts of equity to decree a partition of lands 20 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 25 out of the manors and out of court, and for requiring every surrender, wil 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 30 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 the stewards and tenants 35 for the time being of such manors.

And be it Enacted, That, subject as is hereinbefore expressly provided, nothing in this Act contained shall be taken to apply to any manors or hereditaments vested in Her Majesty in right of Her Crown or of the Duchy of Lancaster.

And be it further Enacted, That nothing in this Act contained shall extend or be construed to extend to, or to prejudice or derogate from the estate, right, title, interests, privileges or authority of The Queen's

most

40

5

5

10

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 o Cornwall for the time being.

90.

And be it Enacted, That this Act shall extend only to England and Limits of Act. Wales.

15

any

91.

And be it Enacted, That this Act may be amended or repealed by Act may be
Act to be passed in this present Session of Parliament.

altered this
Session.
92.

Clause.

And be it Enacted, That in the construction and for the purposes of Interpretation 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; the words "Lord" and "Steward" shall include the person or persons for the time being filling those respective characters, or acting in those 20 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 sub25 ject 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 land 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 "Services" "Services" not being service at the lord's court, and "Reliefs;" 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.

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COPY HOLD AND CUSTOMARY TENURE BILL.

ANALYSIS

OF

THE BILL

[AS AMENDED BY THE COMMITTEE, AND ON RE-COMMITMENT]

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.

Preamble, and Appointment of Commissioners.

SECT.

1. After reciting that it is expedient to provide the means for an adequate compensation for the rents, fines and heriots payable in respect of lands of copyhold and customary tenure, and of other lands subject to such payments, or any of them, and for facilitating the voluntary enfranchisement of such lands, it is enacted, That the Tithe Commissioners for England and Wales for the time being shall be the Commissioners for carrying the Act into execution, and that should the Act not be carried into execution before the Tithe Commissioners cease to act, other Commissioners may be appointed, &c. with power to supply vacancies.

2. Style of Commissioners, Seal, &c.

Enacts that the Commissioners shall be styled "The Copyhold Commissioners," and shall have their office and seal, and that instruments sealed are to be received in evidence, &c.

3. Report to Secretary of State, &c.

Commissioners to report to Secretary of State, and annual Report to be laid before Parliament.

4. Assistant Commissioners, &c.

Power to appoint and remove Assistant Commissioners, Secretary, &c.

5. No Commissioners or Assistant Commissioners to sit in House of Commons.

6. Operation of Act as to appointments limited to Ten Years.

7. Salaries and Allowances of Commissioners, Assistant Commissioners, Secretary, &c.

8. To be paid out of Consolidated Fund.

9. Declaration.

Commissioners and Assistant Commissioners to make declaration before acting. 10. Commissioners may delegate Powers.

11. Disabilities of lords or tenants provided for.

12. Power to appoint Attorney.

An attorney may be appointed, and at the first meeting the power, or a copy, shall be delivered to the chairman.

SECT.

13. Power to call a Meeting, &c.

Any one or more of the lords or tenants, whose interest shall not be less than one-fourth of annual value of manor or lands, may call a meeting of the lords and tenants (by notice to be affixed Twenty-one Days before the meeting on principal outer door of church of parish within the limits of which the manor or greater part in value extends, or on door or conspicuous part of some house or building where courts usually held, and twice advertised in some newspaper, or once in each of two newspapers, generally circulated in the county) for the purpose of making an agreement for the general commutation of the rents, fines and heriots thereafter to become due in respect of lands holden of such manor, and of the lord's rights in timber; and every lord or tenant present at such meeting shall bear his own expense of attendance; and the lords and tenants present at such meeting, the latter of whom being not less than Three-fourths of the tenants in number, and the lord's and tenant's interest in the manor and lands not being less than Three-fourths of the interest in the value thereof, may proceed to make and execute an agreement for commutation of the rents, fines and heriots thereafter to become due in respect of the lands holden of the manor, and of the lord's rights in timber; and if so expressly agreed between such lords and tenants, the commutation may be made to extend to rights in mines and minerals, but otherwise shall not extend to or affect such rights.

14. Terms on which agreement may be made.

Such agreement may be entered into for commutation of the lord's rights on payment to him of an annual sum by way of rent-charge, and of a small fixed fine upon death or alienation, in no case exceeding Five Shillings; the rent-charge to commence either in whole or in part, according as the Commissioners shall direct, from the date of the confirmation of such agreement (except where otherwise directed by the Commissioners), and to be valued and variable (when exceeding Twenty Shillings) according to the price of corn, in the same manner as the tithe commutation rent-charge; and the amount of the rent-charge may be fixed by the agreement, or separate rent-charges may be agreed upon between lord and tenant, or the rent-charge may be subject to diminution or increase to such an amount per centum as shall be agreed on; and the agreement may determine the apportionment for each tenant, or the rent-charge and apportionment may be left to be fixed by valuers; and it may be agreed that so much of the rent-charge as shall be in lieu of fines, &c. shall not cominence until the period of the next Act on which a fine would become payable, and the rent-charge shall then be increased accordingly; and the agreement may fix a scale of Steward's fees. In cases of doubt or difference as to the sufficiency of interest of the parties, the decision of the Commissioners thereon to be conclusive.

15. Commutation may take place in consideration of a fine on death or alienation to be fixed by the agreement, or to be subject to increase or diminution by the valuers, to such an Amount per centum as shall be expressed in such agreement.

16. A provisional agreement may be made.

17. Proportional interest how to be computed, for the purpose of voting.

18. Power to adjourn meetings, but notice of adjournment to be once advertised.

19. Agreement to bear date on the day on which the first signature shall be attached thereto, or to the memorandum or minute thereof, and to be in such form as the Commissioners shall from time to time direct.

20. Commissioners to frame and circulate Forms, &c.

21. Suits and differences as to rights or boundaries may be referred to arbitration.

22. Commissioners to require consents of ecclesiastical corporations, or other bodies, whose interests appear to be affected, to be annexed to the agreement.

23. Agreement to be confirmed by Commissioners. Power to the Commissioners to direct that the rent-charge to be paid by any particular tenant shall not commence until the period of the next act or event on which the fine for which such rent-charge shall be commuted would have become payable.

24. Appointment of Valuers.

At meeting, or adjourned meeting, valuers to be appointed to make valuations, apportionments and schedules, as follow; (i. e.) if the commutation is in consideration of a rent-charge payable to the lord and fixed by the agreement, the tenants

to