|
|
Provisions for cases where derivative interests are entered upon the rolls.
|
47. The following provisions shall apply to every manor in which the fines are certain, and in which it is the practice for copyholders in fee to grant derivative interests to persons who are admitted as copyholders of the manor in respect of such interests:
|
|
| |
(a.) The tenant for the purposes of the Copyhold Acts shall be the person who is admitted or enrolled in respect of the inheritance, and who is in this section called the tenant-in-fee:
|
|
| |
(b.) The enfranchisement of the land to such tenant shall enure for the benefit of himself and every other person having any customary estate or interest subsisting in the same land, without any further enfranchisement, and all such persons shall be entitled to estates and interests in the land enfranchised corresponding with their customary estates and interests existing at the date of the enfranchisement:
|
|
| |
(c.) All rentcharges payable in respect of such enfranchisement, and all sums of money payable by the tenant in fee for compensation or the expenses of enfranchisement, and the interest thereon, shall, if the parties have not otherwise agreed, be borne and paid by the several persons for whose benefit the enfranchisement enures in proportion to their respective interests in the enfranchised land:
|
|
| |
(d.) If any dispute arises respecting the due apportionment of such charges, the Commissioners may, on the application of any party interested, and after, due inquiry, make an order apportioning the same. Such order shall be binding on all parties concerned, and the expenses of and incident to it shall be paid by the parties or any of them as the Commissioners direct:
|
|
| |
(e.)—
|
|
| |
(1.) On the request of the lord, or of one fourth in number of the copyholders for the time being on the court roll of any such manor, and upon such provision for expenses being made as the Commissioners may require, the Commissioners may make a local inquiry for the purpose of ascertaining whether the copyholders of such manor desire that enfranchisement shall be effected throughout the manor:
|
|
| |
(2.) If the Commissioners find that not less than two thirds in number of such copyholders desire such enfranchisement, they shall by order declare that all copyhold tenements of the manor are to be enfranchised; and thereupon they shall proceed to ascertain the amount of compensation due to the lord upon the enfranchisement of each tenement held by a tenant-in-fee, and to effect such enfranchisements accordingly as between the lord and the tenants-in-fee. The compensation in every case shall consist of a gross sum of money, unless the lord and tenant-in-fee otherwise agree:
|
|
| |
(3.) Upon the making of the declaration above mentioned, all the tenants-in-fee of the manor shall be liable to contribute rateably to the expenses of the local inquiry according to the amount of compensation payable by them respectively. The tenant-in-fee and all copyholders holding derivative interests in the same tenement shall be liable to contribute rateably, according to the value of their respective interests, to the compensation, and to all such expenses attending the enfranchisement as are payable on the part of tenants, including the contribution assessed on tenants-in-fee as last aforesaid:
|
|
| |
(4.) The Commissioners shall have power to apportion such contributions between the several tenants of each enfranchised tenement, and also between the several tenants-in-fee, and to make orders for the payment of such contributions and expenses by the persons from whom they are due. Such orders shall be conclusive upon all persons hereby, declared liable to contribute:
|
|
| |
(5.) Without the consent of the tenant-in-fee the Commissioners shall make no award for the enfranchisement of any tenement, unless and until they have apportioned the contributions between such tenant-in-fee and the tenants holding derivative interests in the same tenement, and have made orders for payment of the same, or otherwise have satisfied themselves that the tenant-in-fee has full security for the amounts which the tenants of derivative interests are to contribute.
|
