Copyhold Act 1858

Arbitration in case of Difference as to Terms of Enfranchisement in Crown Manors.

XLI. In any Case in which the Commissioners of Her Majesty’s Woods, Forests, and Land Revenues or either of them, on behalf of Her Majesty in right of Her Crown, or the Chancellor and Council of the Duchy of Lancaster, on behalf of Her Majesty in right of Her said Duchy, shall at any Time hereafter have proceeded, in exercise of the Powers vested in them, to negotiate the Terms for the Enfranchisement of any Hereditaments held of any Manor vested in Her Majesty in right of Her Crown or of Her Duchy of Lancaster, either in possession, or in remainder expectant on any Estate less than on Estate of Inheritance, and either solely or in Coparcenary with any Subject or Subjects, and a Difference of Opinion shall arise between the said Commissioners or either of them, or the said Chancellor and Council, on the one hand, and the Tenant of the said Hereditaments on the other hand, touching the Amount of the Consideration Money to be paid by the Tenant to the said Commissioners or to the said Receiver General of the Duchy of Lancaster for such Enfranchisement, it shall be lawful for the said Commissioners or either of them, or for the said Chancellor and Council, if they or he respectively shall so think fit, on the Request of the Tenant, and upon an Agreement for the Enfranchisement being entered into by them or him with such Tenant, to refer it to the Copyhold Commissioners to appoint, as they are hereby authorized to do, some practical Land Surveyor to determine the Amount of the Consideration Money to be paid to the said Commissioners or to the said Receiver General of the Duchy of Lancaster for such Enfranchisement, and the Award of such Land Surveyor shall be final and conclusive, and shall not be subject to Appeal or Revision; and the Costs and Expenses of and incident to any Reference to the Copyhold Commissioners, to be made as herein-before provided, shall be treated as Costs and Expenses incurred in the Case of a compulsory Enfranchisement at the Instance of a Tenant.