(d) Bract. CO b; Fleta, lib. 2, cap. 57.
(e) See Articuli observanda per provisionem episoporum Angliae, s. 25, Matth Paris, 951; Additamenta, p. 201 (Wats's ed.
(f) By the custom of the manor of South Tawton, otherwise Itton, in the county of Devon, heriots arc still due from the freeholders of the manor; Damerell v. Pro-theroe, 10 Q. B. 20; mid in Sussex and some parts of Surrey heriots from freeholders are not un-frequent.
(g) 2 Walk. Cop. 129.
All kinds of estates in copyholds, as well as in freeholds, may be held in joint tenancy or in common; and an illustration of the unity of a joint tenancy occurs in the fact, that the admission, on the court rolls of a manor, of one joint tenant, is the admission of all his companions; and on the decease of any of them the survivors or survivor, as they take no new estate, require no new admittance (h). The jurisdiction of the Court of Chancery in enforcing partitions between joint tenants and tenants in common did not formerly extend to copyhold lands (i). But by an enactment of the present reign (j) this jurisdiction has been extended to the partition of copyholds as well as freeholds.
The rights of lords of manors to fines and heriots, rents, reliefs and customary services, together with the lord's interests in the timber growing on copyhold lands, have been found productive of considerable inconvenience to copyhold tenants, without any sufficient corresponding advantage to the lords. An act of parliament (k) was accordingly passed a few years ago, by which the commutation of these rights and interests, together with the lord's rights in mines and minerals, if expressly agreed on, has been greatly facilitated. The machinery of the act is, in many respects, similar to that by which the commutation of tithes was effected. The rights and interests of the lord are changed, by the commutation, into a rent-charge varying or not, as may be agreed on, with the price of corn, together with a small fixed fine on death or alienation, in no case exceeding the sum of five shillings (l). By the same act facilities were also afforded for the enfranchisement of copyhold lands, or the conveyance of the freehold of such lands from the lord to the tenant, whereby the copyhold tenure, with all its incidents, is for ever destroyed. The enfranchisement of copyholds was authorized to be made, either in consideration of money to be paid to the lord, or of an annual rent charge, varying with the price of corn, issuing out of the lands enfranchised, or in consideration of the conveyance of other lands (m). Provision was also made for charging the money, paid for enfranchisement, on the lands enfranchised, by way of mortgage (n). The principal object of these enactments was to provide for the case of the lands being in settlement, or vested in parties not otherwise capable of at once entering into a complete arrangement; but no provision was made for compulsory enfranchisement. More recently, however, acts have been passed to make the enfranchisement of copyholds compulsory at the instance either of the tenant or of the lord (o). If the enfranchisement be made at the instance of the tenant, the compensation is to be a gross sum of money, to be paid at the time of the completion of the enfranchisement, or to be charged on the land by way of mortgage; and where the enfranchisement is effected at the instance of the lord, the compensation is to be an annual rent charge, to be issuing out of the lands enfranchised; subject to the right of the parties, with the sanction of the commissioners appointed under the act, to agree that the compensation shall be either a gross sum or a yearly rent charge, or a conveyance of land to be settled to the same uses as the manor is settled (p). It is also provided that in any enfranchisement to be hereafter effected under the before-mentioned act, it shall not be imperative to make the enfranchisement rent charge variable with the prices of grain; but the same may, at the option of the parties or at the discretion of the commissioners, as the case may require, be fixed in money or be made variable as aforesaid (q). Enfranchisements under these acts are irrespective of the validity of the lord's title (r). By the Copyhold Act, 1858, an award of enfranchisement, confirmed by the Commissioners, has been substituted for the deed of enfranchisement required by the act of 1852 (s). The acts also provide for the extinguishment of heriots due by custom from tenants of freeholds and customary freeholds (t). But the curtesy, dower or freebench of persons married before the enfranchisement shall have been completed, is expressly saved (u); and all the commonable rights of the tenant continue attached to his lands, notwithstanding the same shall have become freehold (x). And no enfranchisement under these acts is to affect the estate or rights of any lord or tenant in any mines or minerals within or under the lands enfranchised or any other lands, unless with the express consent in writing of such lord or tenant (y). And nothing therein contained is to interfere with any enfranchisement which may be made irrespective of the acts, where the parties competent to do so shall agree on such enfranchisement (2). Where all parties are sui juris and agree to an enfranchisement, it may at any time be made by a simple conveyance of the fee simple from the lord to his tenant (a).
Joint tenancy and in common.
Act for commutation of certain manorial rights.
(h) 1 Watk. Cop. 272, 277.
(i) Jope v. Morshead, 6 Beav. 213.
(j') Stat. 4 & 5 Vict. c. 35, s. 85. See also stat. 13 & 14 Vict. c. 60, s. 30.
(k) Stat. 4 & 5 Vict. c. 35; amended by stat. 6 & 7 Vict. c. 23, further amended and explained by stat. 7 & 8 Vict. c. 55, continued by stat. 14 & 15 Vict. c. 53, extended by stat. 15 & 16 Vict. c. 51, amended by stat. 21 & 22 Vict, c. 94, continued by stats. 21 & 22 Vict. c. 53; 23 & 24 Vict. c. 81; 25 & 26 Vict. c. 73, and 30 & 31 Vict. c. 143; and amended by stat. 31 & 32 Vict. c. 89.