Copyhold Act 1894
| Jurisdiction | UK Non-devolved |
| Citation | 1894 c. 46 |
| Year | 1894 |
Copyhold Act, 1894.
(57 & 58 Vict.) CHAPTER 46.
An Act to consolidate the Copyhold Acts.
[25th August 1894]
B E it 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 assembled, and by the authority of the same, as follows:
PART I.
Compulsory Enfranchisement.
Right to enfranchise.
1 Power to enfranchise copyholds.
1. Where there is an admitted tenant of copyhold land the lord or the tenant may, subject to the provisions of this Act, require and compel enfranchisement of the land.
Provided that this section shall not apply where the tenant is admitted in respect of a mortgage and the mortgagee is not in possession.
2 Power to extinguish manorial incidents.
2. A lord or tenant of any land liable to any heriot, quitrent, free rent, or other manorial incident whatsoever, may require and compel the extinguishment of such rights or incidents affecting the land, and the release and enfranchisement of the land subject thereto, in like manner as nearly as possible as is provided by this Act with respect to the right to compel the enfranchisement of copyhold land and to the proceedings thereupon, and the provisions of this Act shall apply accordingly.
3 Fines, &c. to be paid before enfranchisement.
3. A tenant shall not be entitled to require an enfranchisement of any land under this Act until after payment or tender—
4 Notice of desire to enfranchise.
4. A lord or tenant who requires enfranchisement under this Act must give notice in writing, the lord to the tenant or the tenant to the lord, as the case may be, of his desire to have the land enfranchised.
Compensation for Enfranchisement.
5 Proceedings for ascertaining compensation.
(1)5.—(1.) When a notice requiring an enfranchisement has been given under this Act, the compensation for the enfranchisement shall be ascertained in accordance with the provisions of this section.
(2) (2.) The lord and the tenant may—
(a ) determine the amount of the compensation by agreement in writing; or
(b ) agree in writing that the Board of Agriculture shall determine the amount; or
(c ) appoint a valuer or valuers to determine the amount.
Provided that—
(i.) If the compensation is not otherwise determined, it shall be ascertained under the direction of the Board, on a valuation made by a valuer or valuers appointed by the lord and tenant; but
(ii.) If the manorial rights to be compensated consist only of heriots, rents, and licences at fixed rates to demise or to fell timber, or of any of these, or the land to be enfranchised is not rated for the relief of the poor at a greater amount than the net annual value of thirty pounds, the valuation shall be made by a valuer to be appointed by the justices at petty sessions holden for the division or place in which the manor or the greater part of it is situate, unless either party to the enfranchisement gives notice that he desires the valuation to be made by a valuer or valuers appointed by the lord and tenant, in which case he shall pay the additional expenses caused by that mode of valuation.
(3) (3.) When a valuer is appointed by justices, a justice who is a lord of the manor shall not take any part in the appointment.
(4) (4.) When the valuation is to be by a valuer or valuers appointed by the lord and tenant—
(a. ) The lord and the tenant may each appoint one valuer:
(b. ) They may appoint one and the same person:
(c. ) If either the lord or the tenant does not appoint a valuer within twenty-eight days after notice has been given to him by the other party to do so, or within such further time, if any, as the Board of Agriculture by order allow, the Board shall appoint a valuer for him:
(d. ) The appointment of a valuer by either party cannot be revoked, except with the consent of the other party:
(e. ) Where there are two valuers they shall, before proceeding with the valuation, appoint an umpire:
(f. ) If they do not within fourteen days after their appointment appoint an umpire, the Board of Agriculture shall appoint an umpire for them.
(5) (5.) The Board of Agriculture may, on the application of either the lord or the tenant, remove a valuer or umpire for misconduct or for refusal or omission to act.
(6) (6.) If a valuer or umpire dies, or becomes incapable, or refuses to act, or is removed, another valuer or umpire, as the case may be, shall, within a time to be fixed by the Board of Agriculture, be appointed in his place by the person and in the manner provided by this section with regard to the valuer or umpire in whose place he is appointed, and in default by the Board. A valuer or umpire appointed under this provision may adopt and act upon any valuation or proceeding agreed on or completed by the valuer or valuers or umpire previously acting.
(7) (7.) Before a valuer or umpire enters on his valuation he shall, in the presence of a justice of the peace, make and subscribe a declaration in the form mentioned in that behalf in the First Schedule to this Act.
(8) (8.) The declaration made by a valuer or umpire must be annexed to the valuation.
(9) (9.) If a valuer or umpire having made a declaration under this section wilfully acts contrary thereto he shall be guilty of a misdemeanor.
6 Circumstances to be considered by valuers.
(1)6.—(1.) In making a valuation for the purpose of ascertaining the compensation for a compulsory enfranchisement under this Act, the valuer shall take into account and make due allowance for the facilities for improvements, customs of the manor, fines, heriots, reliefs, quitrents, chief rents, forfeitures, and all other incidents whatsoever of copyhold or customary tenure, and all other circumstances affecting or relating to the land included in the enfranchisement, and all advantages to arise therefrom.
Provided that they shall not take into account or allow for the value of escheats.
(2) (2.) The value of the matters to be taken into account in the valuation shall be calculated as at the date of the notice to enfranchise.
7 Duties of valuers.
(1)7.—(1.) Valuers appointed for the purpose of ascertaining the compensation for a compulsory enfranchisement shall determine the value of the matters to be taken into account in the valuation at a gross sum of money.
(2) (2.) If the valuers do not agree as to the compensation or any point arising in the valuation, the valuers or either of them may refer the whole matter or the point in dispute to the umpire.
(3) (3.) The valuers shall give their decision within forty-two days after their appointment or within such further time, if any, as the Board of Agriculture by order allow.
(4) (4.) If the valuers do not give their decision within the time allowed by or in pursuance of this Act, and do not refer the matter to the umpire, the Board of Agriculture may direct the umpire to act as valuer.
(5) (5.) The umpire shall give his decision on any matter referred to him within forty-two days after the matter is referred to him.
(6) (6.) The valuers or umpire shall make their decision in such form as the Board of Agriculture direct, and shall deliver the same with the details thereof to the Board, and shall also deliver copies of their decisions to the lord or to the tenant.
(7) (7.) If, in the opinion of the Board, the valuation is imperfect or erroneous, they may remit it to the valuers or umpire, as the case may be, for reconsideration or correction.
(8) (8.) If either—
(a ) the valuers do not give their decision within the time allowed to them by or in pursuance of this Act, and the valuation is not referred to the umpire, either by the valuers or either of them or by the direction of the Board; or
(b ) the umpire does not give his decision within the time allowed to him by or in pursuance of this Act; or
(c ) the valuers or the umpire do not, when a decision is remitted to them by the Board for re-consideration or correction, amend it to the satisfaction of the Board,
the compensation shall be determined by the Board after due notice to the lord and tenant.
(9) (9.) Where the compensation is determined by the Board they shall take such proceedings and make such inquiries as they think necessary for the purpose, and shall take into consideration all matters which valuers are bound to take into consideration on a valuation under this Act, and shall communicate the result in writing to the lord and to the tenant, and shall fix a time within which any objection to their determination may be signified to them in writing by the lord or tenant, and shall consider...
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