IV. & V. VICT.

Cap. XXXV.

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.

[21st June 1841.]

F

SYNOPSIS OF THE ACT.

THE first 10 sections of the Act contain provisions relating to the appointment and general powers of the commissioners and assistant-commissioners, and the respective salaries to be paid to them and to the secretaries and other officers to be appointed under the Act.

The 11th section provides for those cases in which lords or tenants may be under legal disabilities.

The 12th empowers lords or tenants to appoint agents on their behalf.

The 13th to the 51st (inclusive of both sections) relate to general commutation of rents, fines, and heriots in a manor.

The 52nd to the 55th (inclusive) empower lords of manors and any one or more tenant or tenants to effect a voluntary commutation.

The 56th to the 78th section (inclusive) relate to voluntary enfranchisement.

The 79th enacts, that after confirmation of the apportionment, &c., in cases of commutation, the customary modes of descent shall

cease, and the lands descend and be subject to dower and curtesy, in like manner as freehold lands.

The 80th exempts gavelkind land from the operation of this Act.

The 81st provides that enfranchised lands shall become freehold; but commonable rights to remain.

The 82nd to 85th (inclusive) preserve various privileges of lords, empower tenants to grant rights of way, &c. to lords of manors for mining purposes, and empower courts of equity to decree partition of lands.

The 86th to 92nd (inclusive) empower lords of manors to hold courts, though no copyhold tenant be present; to admit tenants out of court and out of the manor; provide for cases in which no homage shall be present at a court; declare that presentment by the homage shall not be essential to the validity of an admission; provide that in certain cases lords shall not grant waste lands without consent of homage, and empower lords of manors to grant licences to tenants to alienate their ancient tenements in portions.

The 93rd enacts, that no agreement, &c. under this Act shall be liable to stamp duty.

The 94th to 96th (inclusive) relate to parties giving false evidence, refusing to give evidence, or neglecting to attend after being summoned

by commissioners; to limitations of actions brought against commissioners, &c.; and provide that proceedings under this Act shall not be quashed for want of form, or be removable elsewhere.

97, 98, and 99 declare that certain provisions of this Act shall extend to crown lands, and except the crown lands in the Duchies of Lancaster and Cornwall.

The 100th limits the Act to England, Wales, and Ireland; after which follow the clause for repealing or amending during present session of Parliament, and the interpretation clause. In all, 102 clauses.