Copyhold Act 1852
| Jurisdiction | UK Non-devolved |
(15 & 16 Vict.) C A P. LI.
[30th June 1852]
'WHEREAS an Act was passed in the Session of Parliament holden in the Fourth and Fifth Years of the Reign of Her present Majesty QueenVictoria , intituled And whereas the said Act was amended and explained by an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of Herpresent Majesty, and by an Act passed in the Session of Parliament holden in the Seventh and Eighth Yearsof the Reign of Her present Majesty: And whereas it is expedient to extend the Provisions of the said Acts in manner herein-after provided:' 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, as follows:
I For effecting Enfranchisement after next Admittance.
I. At any Time after the next Admittance to any Lands which shall take place on or after the First Day ofJuly One thousand eight hundred and fifty-three, in consequence of any Surrender, Bargain and Sale, or Assurance thereof (except upon or under a Mortgage in Cases where the Mortgagee is not in possession,) or in consequence of any Descent, Gift, or Devise, and whether such Surrender, Bargain and Sale, or Assurance shall have been made, passed, or executed, or such Descent shall happen, or such Gift or Devise shall take effect before or after that Day, it shall be lawful for the Tenant so admitted or for the Lord to require and compel Enfranchisement in manner herein-after mentioned of the Lands to which there shall have been such Admittance as aforesaid; provided that no such Tenant shall be entitled to require such Enfranchisement until after Payment or Tender of the Fine or Fines and of the Fees consequent on such Admittance: Provided also, that if from any Cause such Enfranchisement shall not take place until some Event shall have happened which may require a second or any subsequent Admittance, such second or subsequent Admittance shall be made, with all the Rights incident thereto, as if this Act had not passed, and it shall be competent for the Lord or Tenant to require and compel Enfranchisement upon or after such second or subsequent Admittance in the Manner hereby provided for Enfranchisement upon the next Admittance.
II Mode of effecting Enfranchisements.
II. In every Case where under the Powers of this Act any Lord or Tenant shall become entitled to require, and shall require the Enfranchisement of any Copyhold Lands, he shall give Notice in Writing, the Lord to the Tenant, or the Tenant to the Lord, as the Case may be, of his Desire that such Lands should be enfranchised, and the Consideration to be paid to the Lord for such Enfranchisement shall, unless the Parties agree about the same, be ascertained under the Direction of the Copyhold Commissioners, upon Application to them in Writing in the Manner following,viz. by Two Valuers, One to be appointed by the Lord, and the other by the Tenant; and such Two Valuers before they proceed shall appoint an Umpire to whom any Points in dispute between them shall be referred; and in case the Valuers or Umpire, as the Case may be, shall not make their or his Decision, and deliver the Particulars thereof in Writing to the Lord and Tenant, or the Solicitor or Agent of such Lord and Tenant, within Forty-two Days after the Appointment of such Valuers, or after the Matter shall have been referred to such Umpire, as the Case may be, then the Commissioners shall act as Umpire in fixing the Consideration to be paid or rendered to the Lord; and in any Case where either Party shall neglect or refuse for Twenty-eight Days after being called on so to do to appoint his Valuer, the Commissioners shall appoint a Valuer for him as soon as may be after the Expiration of such Twenty-eight Days; and in any Case where any Valuers appointed under this Act, either originally or in the Place of any other Valuer, shall for the Space of One Week after their Appointment be unable to agree in the Appointment of such Umpire, the Commissioners shall appoint such Umpire; and such Umpire shall give in his Award in manner and within the Time aforesaid, and if he shall neglect or refuse or on any account fail so to do, the Commissioners shall act as such Umpire as aforesaid: Provided always, that it shall be lawful for the Lord and Tenant to appoint One and the same Person as Valuer, and in such Case the Valuations, Acts, and Award of such single Valuer shall have the same Effect as the Valuations, Acts, and Award of the Valuers or Umpire under the Provision herein contained: Provided also, that it shall be lawful for the said Commissioners, on Application to them in Writing by such Lord or Tenant, or such Umpire as aforesaid, if the said Commissioners shall see fit, to extend the Time within which a Valuer may be appointed, or any Decision or Award under this Act may be given.
III Revoking Appointment of Valuer; Commissioners may remove for Misconduct, &c.
III. The Appointment of a Valuer by the Lord or by the Tenant shall not be afterwards revoked, except by the mutual Consent of the Lord and Tenant; provided always, that it shall be lawful for the Commissioners at any Time, on Complaint of either Party, to remove any Valuer or Umpire for Misconduct, or for Refusal or Omission to act.
IV In case of Death, &c. of Valuers, others to be appointed.
IV. Upon the Death, Incapacity, or Refusal to act, or Removal, from Time to Time, of any Valuer, another Valuer shall, by a Time to be fixed for such Purpose by the Commissioners, in the Manner and by the Means aforesaid, be appointed in his Stead; and in case such Death, Incapacity, or Refusal to act, or Removal, shall be of a Valuer who may have been chosen by the Lord and Tenant, then the Lord and the Tenant may in manner herein before directed or authorized as regards them respectively substitute One other Person as Valuer, or the Lord may nominate One Valuer on his Behalf, and the Tenant another on his Behalf; and in any such Case where either Party shall neglect or refuse for Twenty-eight Days after being called on so to do to appoint his Valuer, the Commissioner shall appoint a Valuer for him as soon as may be after the Expiration of such Twenty-eight Days; and after every or any Substitution the new Valuer or Valuers for the Time being may adopt and act upon any Valuations and other Matters or Proceedings which shall have been completed or agreed upon by the Valuer or Valuers previously acting.
V Commissioners, &c. may call for and enforce Production of Books and Documents.
V. The Commissioners, Assistant Commissioners, and Valuers may, by Summons under the Seal of the Commissioners, call for the Production for any of the Purposes of this Act, at such Time and Place as the Commissioners shall appoint, of any Court Rolls or Copies of Court Roll in the Possession or Power of any Lord or Tenant, or of the Steward of any Manor; and may by Summons under such Seal summon and examine any Lord or Tenant, or other Person on Oath, and administer the Oath necessary for that Purpose; and every Person who shall have been summoned, and to whom a reasonable Sum shall have been paid or tendered for his Expenses, and who shall without lawful Excuse neglect or refuse to attend or to produce any such Documents so called for as aforesaid, shall, being convicted thereof before any Two Justices of the Peace for the County wherein such Proceedings were held, forfeit the Sum of Five Pounds; and any Person who shall wilfully give false Evidence in any Proceeding under this Act shall be guilty of Perjury; provided always, that no Lord or Tenant so summoned shall be bound to answer any Questions as to his Title.
VI Power of Entry for Purposes of Act.
VI. It shall be lawful for the Commissioners, Assistant Commissioners, and Valuers, and their Agents or Servants respectively, upon giving reasonable Notice to the Occupier, to enter upon any of the Lands and Hereditaments proposed to be dealt with under the Provisions of this Act, and to make all necessary Admeasurements, Plans, and Valuations of the same, without being subject to any Action, Obstruction, or Hindrance, making Compensation for all Injury, if any occasioned thereby.
VII Valuers how to proceed.
VII. The Valuers shall determine the Value of the Manorial Rights and Incidents of Tenure from which the Lands proposed to be dealt with are to be enfranchised, and shall determine the Compensation to be received by the Lord for such Enfranchisement in manner herein-after mentioned; that is to say, where such Enfranchisement shall have been effected at the Instance of the Tenant, the Compensation shall be a gross Sum of Money to be paid at the Time of the Completion of the Enfranchisement, or in Cases where the Compensation exceeds Twenty Pounds, the same, if the said Commissioners shall so direct, and if all Persons (if any) who shall have any Mortgage, Charge, or Incumbrance affecting the Lands enfranchised, and which shall have been in existence at the Time of the passing of this Act, shall consent thereto, may remain as a First Charge, under the Provisions of this Act, on the Lands enfranchised, until the Expiration of such Time from the Day of such Completion as the...
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