to concur in the Receipt of the Rents, Issues, and Profits thereof, shall be so charged with seised or entitled for a particular Estate, (whether such Estate an annual Rent shall have been subsisting at the Time of the Enfranchisement Apportionment of such Lands or not,) then it shall be lawful for such Person, thereof. whether he shall be so seised or entitled in actual Possession, or in Remainder or Reversion expectant on the Determination of any Estate for a Term of Years, and with the Consent of the Copyhold Commissioners, to concur in any Division or Apportionment of such annual Rent, and to agree what Part and Proportion thereof shall be thenceforth severally charged upon each of the respective Parcels of such Lands between which such Apportionment is intended to be made: Provided nevertheless, that it shall not be lawful for any Person so seised or entitled as aforesaid in respect of an undivided Share only of such Lands to concur in or agree to any such Division or Apportionment, unless the Person for the Time being enabled either by this Act or otherwise to concur in such Division or Apportionment as respects the other undivided Share of such Land shall concur in or agree to such Apportionment. made without VI. Provided nevertheless, and be it enacted, That no Divi- No Apportionsion or Apportionment shall be made under this Act of an ment to be annual Rent charged on any Lands, unless with the Concur- Consent of the rence and Agreement of the Person seised of such Lands, or Person entitled entitled to the Receipt of the Rents, Issues, and Profits thereof to the Lands. for an Estate in respect of which he is enabled either by this Act or otherwise to concur in or agree to such Apportionment, so as to render the same permanent and effectual. VII. And be it enacted, That every annual Rent which shall Annual Rents be charged on any Lands under the Authority of this Act shall charged on be a First Charge on such Lands, and shall have Priority over all Mortgages, Charges, and Incumbrances whatsoever affecting such Lands, Tithe Rent-charge excepted, notwithstanding such Mortgages, Charges, and Incumbrances shall have been or shall be respectively made and created before such apportioned annual Rent shall be charged on such Lands. Lands under this Act to be First Charges on such Lands. the Payment of a greater Sum than they were before liable to. VIII. Provided always, and be it enacted, That a Sub-lessee Sub-lessees not under any Sub-lease, his Executors, Administrators, or Assigns, to be liable to shall not, in consequence of any Charge under this Act, either with an annual Rent, or in consequence of any Apportionment under this Act either of an apportioned annual Rent or of any Rent reserved in any Lease, be liable to the Payment of any greater Sum of Money than he would have been subject or liable to if such Charge or Apportionment had not been made. IX. Provided always, and be it enacted, That if at the Time If at the Time of the Conveyance under this Act, in consideration either veyance of any wholly or in part of the Commutation or Enfranchisement of Lands in conany Lands held by Copy of Court Roll, there shall be subsisting sideration of an in the Lands so conveyed any Lease (not being an Under- ment there shall lease), then the Lessee under such Lease, his Executors, Ad- be a Lease subministrators, and Assigns, shall pay, observe, and keep to and sisting, the Perwith the Person to whom such Lands shall be so conveyed, or such Lands shall other the Person for the Time being seised of or entitled to be conveyed such shall have the of the Con Enfranchise son to whom Reversion on such Lands expectant on the Determination of such Lease, and such Lease, and his Executors or Administrators, the Rent, Reservations, Covemay distrain for the Rents and nants, Conditions, and Agreements respectively reserved and enforce the contained in such Lease, or such and so many or such Part of Covenants, &c. the Rent, Reservations, Covenants, Conditions, and Agreements respectively reserved and contained in such Lease as are or ought to be thenceforth respectively paid, observed, and kept in respect of the Lands so conveyed; and the Person to whom such Lands shall be so conveyed, or other the Person so for the Time being seised of or entitled as aforesaid, shall and may from Time to Time make or bring all such Distresses, Actions, Suits, or Entries for Nonpayment of such Rent or Reservations, or for Nonperformance of the Covenants, Conditions, and Agreements in such Lease respectively reserved and contained, as could, in case such Conveyance had not been made, have been made or brought by the Person making such Conveyance, or other the Person for the Time being seised of or entitled to the Reversion expectant on the Determination of such Lease; and that in all such Distresses, Actions, Suits, and Entries the Rent, Reservations, Covenants, Conditions, and Agreements in such Lease reserved and contained on the Part of the Lessee, his Executors, Administrators, or Assigns, shall be deemed and taken to be annexed to an immediate Reversion vested in the Person to whom such Lands shall be so conveyed, or other the Person for the Time being so seised of or entitled to such Lands as aforesaid. If at the Time of the Com mutation or Enfranchisement of any Lands there shall be any therein, the Person seised of or entitled to such Lands shall have the Reversion on that Lease, and may distrain for the Rents and X. Provided always, and be it enacted, That if at the Time of any Commutation or Enfranchisement under the said Act or under this Act of any Lands there shall be subsisting in such Lands any Lease (not being an Under-lease), then the Lessee under such Lease, his Executors, Administrators, and Lease subsisting Assigns, shall pay, observe, and keep to and with the Person for the Time being seised of or entitled to the Lands so commuted or enfranchised, and his Executors or Administrators, the Rent, Revervations, Covenants, Conditions, and Agreements respectively reserved and contained in such Lease, or such and so many or such Part of the Rent, Reservations, Covenants, Conditions, and Agreements respectively reserved and contained in such Lease, as are or ought to be thenceforth respectively paid, observed, and kept in respect of the Lands so commuted or enfranchised; and the Person for the Time being seised of or entitled to the Lands so commuted or enfranchised shall and may from Time to Time make or bring all such Distresses, Actions, Suits, or Entries for Nonpayment of such Rent or Reservations, or for Nonperformance of the Covenants, Conditions, and Agreements in such Lease respectively reserved and contained, as could have been made or brought by the Person who would for the Time being have been entitled to the Lands so commuted or enfranchised in case such Commutation or Enfranchisement had not been made; and in all such Distresses, Actions, Suits, and Entries the Rents or Reservations, Covenants, Conditions, and Agreements enforce the Covenants, &c. in in such Lease reserved and contained on the Part of the Lessee, his Executors, Administrators, or Assigns, shall be deemed and taken to be annexed to an immediate Reversion vested in the Person for the Time being seised of or entitled to the Lands so commuted or enfranchised. 6 where Six XI. And whereas it is provided by the said Act that when A Schedule of ever so many as Twelve Persons being Tenants or all the Apportionment • Tenants of any Manor shall agree with the Lord for the Com- may be used mutation or Enfranchisement of their Lands, it shall be Tenants agree lawful to effect such Commutation or Enfranchisement by a to enfranchise. Schedule of Apportionment; and it is desirable to permit ' a Schedule of Apportionment to be adopted when a less 'Number of Tenants of any Manor than Twelve are desirous of effecting a Commutation or Enfranchisement;' be it enacted, That it shall be lawful to effect a Commutation or Enfranchisement by a Schedule of Apportionment, in the Manner provided by the said Act, whenever so many as Six Persons being Tenants of any Manor shall at the same Time agree with the Lord for the Commutation or Enfranchisement of their Lands. Part of the for Enfranchise- applied in Fee-farm Rent XII. And be it enacted, That if any Manor, or any Part thereof, shall be subject to the Payment of any Fee-farm Rent or other Charge not exceeding the Amount of the annual Quit Rents payable to the Lord of such Manor, it shall be lawful for the said Commissioners to direct that so much of the Money to be received for Enfranchisement in any such Manor under the Provisions of the said recited Act or this Act, as they shall Repealed consider adequate, shall be paid into the Bank of England in 7 Vic. c. 73 58757 the Name and with the Privity of the Accountant General of the Court of Chancery, to be placed to his Account there ex parte the Copyhold Commissioners, and to be applied under the Directions of the said Court of Chancery in paying or redeeming the said Charge, and in exonerating therefrom the Land which shall be enfranchised, and indemnifying the Owners of such Land, and otherwise as the said Court shall direct, on Petition in a summary Way, as provided for in the Case of other Money to be paid into the Bank of England under the said Act; and every such Fee-farm Rent or other Charge shall be paid to the Person entitled thereto at the same Time, and subject to the same Deductions for Land Tax or otherwise, but to no others, as if no Enfranchisement had taken place; and Application of when Provision shall have been so made for any such Charge, it shall be lawful for the said Commissioners to direct that the Remainder of the Money to be paid for Enfranchisement and the surplus Income of the Money so paid into the Bank of England, after Payment of all Expences attending the Payment of such Fee-farm Rent or other Charge to the Person entitled thereto, shall be applied in like Manner as if no such Charge had existed; and thenceforth no Land which shall be enfranchised in such Manor shall be chargeable with or liable to the Payment of any greater Part of the said Fee-farm Rent or other Charge than the Amount of the Quit Rent theretofore payable the Remainder. Commissioners may direct that any other Security may be substituted for the Payment of Money into the Bank. Altering Provision in recited Act as to Notice of Person entitled to next Estate of Inheritance. Payment of Enfranchisement Money of the Manor has only a limited Interest. payable out of such Land, but to that Extent the said Land shall continue and be chargeable with and liable to the Payment of the said Fee-farm Rent or other Charge, and shall be subject to the like Remedies for the Recovery thereof as if such Quit Rent continued payable; and the said Commissioners shall state in the Deed, Schedule, or other Instrument of Enfranchisement the Amount of such Quit Rent or Liability in every Case, and such Statement shall be conclusive against the Owners of the said Land: Provided nevertheless, that it shall be lawful for the said Commissioners, whatever may be the Amount of such Fee-farm Rent or other Charge, with the Consent of the Person entitled thereto, to direct, if they shall see fit, that any other Security in Land or Money which they shall consider sufficient for the Purpose, shall be substituted for the Payment of Money into the Bank of England in manner aforesaid, and in that Case, or in any Case, and whatever may be the Amount of such Fee-farm Rent or other Charge, with the Consent of the Person entitled as aforesaid, to direct that all or any Part of the Land to be enfranchised shall be entirely released from the Payment of the said Fee-farm Rent or other Charge, and the same Land shall thenceforth be released accordingly. XIII. And whereas it is provided by the said Act that whenever the Estate of any Party to an Enfranchisement under the said Act shall be less than an Estate of Fee Simple in Possession or corresponding Copyhold or Customary Estate, Notice in Writing shall be given to the Person entitled to the next Estate of Inheritance in Remainder or • Reversion in the Manor or Land to be affected by such • Enfranchisement;' be it enacted, That in case any Tenant whose Estate shall be less than an Estate of Fee Simple as aforesaid shall be a Party to an Enfranchisement under the said Act or this Act, and shall pay the whole of the Price of Enfranchisement, so that no Part thereof or of the Expences thereof shall be charged on the Inheritance of the Land to be enfranchised, it shall not be necessary that the Person entitled to the next Estate of Inheritance or Remainder or Reversion shall have Notice of such Enfranchisement. XIV. And be it enacted, That when any Lord of a Manor shall be only entitled for a limited Estate or Interest therein, when the Lord or shall be under any legal Disability, any Money to be paid under the said Act or under this Act for Enfranchisement from the Lord's Rights, shall, at the Option of the respective Parties for the Time being entitled to the said Manor the Rights of which shall be enfranchised, or of their respective Husbands, Guardians, or Committees, in case of Coverture, Infancy, Idiotcy, Lunacy, or other Incapacity, be paid into the Bank of England in the Name and with the Privity of the said Accountant General, and be placed to his Account, in order to be applied in manner as in the said Act directed, or otherwise the same may be paid, at the like Option, to the Trustees acting under the Will, Conveyance, or Settlement under which such Lord having such limited Interest shall hold or be entitled to or interested in the said Manor of which the Lands so to be enfranchised shall be Parcel, or if there are no such Trustees, then into the Hands of Trustees to be nominated under the Hand and Seals of the said Commissioners; and the Money, when so paid to such Trustees, shall be applied by the said Trustees, with the Consent of the said Commissioners, in the Manner directed and specified by the said Act of and concerning any Money to be paid for Enfranchisement under the said Act, into the Bank of England, in the Name and with the Privity of the said Accountant General; and upon every Vacancy in the Office of such Trustee some other fit Person shall be appointed by the said Commissioners in like Manner. XV. And be it enacted, That the said recited Act and this Act shall be construed to extend to all Lands holden by Copy of Court Roll or by a Custom of a Manor for Life or Lives or for Years, whether the Tenant thereof have or have not a Right of Renewal; and that the Words "Land or Lands" shall extend to all Corporeal and Incorporeal Hereditaments whatsoever, whether subject to Manorial Rights or otherwise, or any undivided Part or Share therein. To what the construed to XVI. And be it enacted, That this Act shall be taken and This Act Part construed to be a Part of the said recited Act. CAP. XXIV. of recited Act. An Act to continue, until the Fifth Day of April One 78b thousand eight hundred and forty-five, Compositions for Assessed Taxes, and to amend the Laws relating to the Land and Assessed Taxes, and also the Laws relating to the Duties on Profits arising from Property, Professions, Trades, and Offices. [27th June 1843.] WHEREAS by an Act passed in the Fifth and Sixth Years of the Reign of Her Majesty, intituled An Act to 5&6 Vict. c. 37. 'continue, until the Fifth Day of April One thousand eight hundred and forty-four, Compositions for Assessed Taxes, and to amend the Laws relating to the Land and Assessed Taxes, the Compositions for Assessed Taxes, entered into or renewed under the Authority of an Act passed in the Fourth and Fifth Years of the Reign of His late Majesty King William 4&5 W.4.c.54. the Fourth, were continued until the Fifth Day of April One ' thousand eight hundred and forty-four; and it is expedient to continue the same for the further Term of One Year:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament asCompositions sembled, and by the Authority of the same, That all Contracts for Assessed of Composition for the Duties of Assessed Taxes now in force Taxes conshall be and the same are hereby continued in force for a further Term of One Year, to be computed from the Fifth Day tinued for a further Term of One Year ending of 5th April 1845; |