Copyhold Act, 1887

Boundaries.

42. In all cases of lands enfranchised under the Copyhold Acts the following rules shall apply as between the lord and the tenant:—

(a.) Where the identity of any lands cannot be ascertained to the satisfaction of the valuers, such lands shall be taken at the quantities mentioned in the court books or rolls of the manor, if such quantities are therein stated to be in statute measure, and as to any lands the quantities of which are not so specified, the same shall be taken at such quantities as such valuers may determine:

(b.) Where the lands are not defined by a plan upon the court rolls, the valuers shall, if requested in writing so to do either by the lord or tenant, define the boundaries or limits of the lands by a plan; such plan when accepted by the Commissioners to be conclusive:

(c.) When valuers have been appointed it shall be lawful for any lord or tenant, in case of any doubt or difference of opinion as to the identity of any lands, to apply to the Commissioners to define the boundaries thereof for the purpose of any enfranchisement, and the Commissioners shall proceed in such manner as they shall see fit to ascertain and define such boundaries; and such definition of boundaries, when made by the Commissioners, shall be final and conclusive:

(d.) Except by agreement between the lord and the tenant, no such plan shall be undertaken in any case where it shall appear by the court rolls or otherwise that the boundaries of the lands proposed to be enfranchised have been for more than fifty years last past treated as being intermixed with the boundaries of other lands and as being incapable of definition.