8 Vict. o. 18, s. 94. Promoters of the ing may purchase undertak insist on expense of bridges, &c. exceeds the value. XCIV. If any such land (a) shall be so cut through and divided as to leave on either side of the works a piece of land of less extent than half a statute acre, or of less value than the expense of making a bridge, culvert, or such other communication between the land so divided as the promoters of the undertaking are, under the provisions of this or the Special Act, or where any Act incorporated therewith, compellable to make, and if the owner of such lands have not other lands adjoining such piece of land, and require the promoters of the undertaking to make such communication, then the promoters of the undertaking may require such owner to sell to them such piece of land, and any dispute as to the value of such piece of land, or as to what would be the expense of making such communication, shall be ascertained as herein provided for cases of disputed compensation; and on the occasion of ascertaining the value of the land required to be taken for the purposes of the works, the jury (b) or the arbitrators (c), as the case may be, shall, if required by either party, ascertain by their verdict or award the value of any such severed piece of land, and also what would be the expense of making such communication. (a) Sec. 93. (b) Sec. 38. (c) Sec. 25. The operation of this section is not confined to lands not situate in a town or not built upon, but applies to all intersected lands enabling the promoters to compel the sale to them of the severed land: E. Counties Ry. Co. v. Marriage, 9 H. L. C. 32. Costs. It was held that costs were not provided for at all, either by sec. 93 or by sec. 94, and that the Court had no power to supply the omission by giving costs against the promoters, though they were in the wrong: Cobb v. MidWales Ry. Co., L. R. 1 Q. B. 342. P 8 Vict. c. 18, 8. 95. Conveyance of copyhold lands to be enrolled. AND WITH RESPECT TO COPYHOLD LANDS, be it enacted as follows: XCV. Every conveyance (a) to the promoters of the undertaking, of any lands which shall be of copyhold or customary tenure, or of the nature thereof, shall be entered on the rolls of the manor of which the same shall be held or parcel; and on payment to the steward of such manor of such fees as would be due to him on the surrender of the same lands to the use of a purchaser thereof he shall make such enrolment; and every such conveyance, when so enrolled, shall have the like effect in respect of such copyhold or customary lands, as if the same had been of freehold tenure, nevertheless, until such lands shall have been enfranchised by virtue of the powers hereinafter contained, they shall continue subject to the same fines, rents, heriots, and services as were theretofore payable and of right accustomed. (a) Sec. 81, and Schedule A. and B. The powers given by this and the following sections may be exercised by the persons under disability described in sec. 7, ante, p. 22, by virtue of sec. 8, ante, p. 26. The conveyance of land to a company by a copyholder in fee, passes only such interest as the copyholder has the power of conveying without the lord, and does not bar the lord from seizing quousque for want of a tenant, and maintaining ejectment: Dimes v. Grand Junction Canal Co., 9 Q. B. 469. The lord of the manor must be separately dealt with under the ensuing sections and the enfranchisement effected before the company's title can be complete. The conveyance may be in the form prescribed by Schedules A and B to this Act, referred to in sec. 81, ante, p. 185. See Forms 48 and 49. Under this section the steward of the manor can claim only "such fees as would be due to him on a surrender" -therefore he cannot claim one fee on the surrender and another on admittance, although such fees are customary : Cooper v. Norfolk Ry. Co., 3 Exch. 546; nor can he claim any 8 Vict. c. 18, s. 95. lands to be XCVI. Within three months after the enrolment (a) s. 96. of the conveyance of any such copyhold or customary Copyhold lands, or within one month after the promoters of enfranthe undertaking shall enter upon and make use of chised. the same for the purposes of the works (b), whichever shall first happen, or if more than one parcel of such lands holden of the same manor shall have been taken by them, then within one month after the last of such parcels shall have been so taken or entered on by them, the promoters of the undertaking shall procure the whole of the lands holden of such manor so taken by them to be enfranchised, and for that purpose shall apply to the lord of the manor whereof such lands are holden to enfranchise the same, and shall pay to him such compensation in respect thereof as shall be agreed upon between them and him, and if the parties fail to agree respecting the amount of the compensation to be paid for such enfranchisement the same shall be determined as in other cases of disputed compensation (e); and in estimating such compensation the loss in respect of the fines, heriots, and other services payable on death, descent, or alienation, or any other matters which would be lost by the vesting of such copyhold or customary lands in the promoters of the undertaking, or by the enfranchisement of the same, shall be allowed for. (a) Sec. 95. (b) Sec. 85. (c) Secs. 22 and 24; secs, 23 and 25-37; secs. 38-57; secs. 58-67. Vict. c. 18, s. 97. Lord of the manor to enfranchise on payment of compensation. s. 98. Apportionment of copyhold rents. XCVII. Upon payment or tender of the compensation so agreed upon or determined, or on deposit thereof in the Bank in any of the cases hereinbefore in that behalf provided, the lord of the manor whereof such copyhold or customary lands shall be holden shall enfranchise such lands, and the lands so enfranchised shall for ever thereafter be held in free and common soccage; and in default of such enfranchisement by the lord of the manor, or if he fail to adduce a good title thereto to the satisfaction of the promoters of the undertaking, it shall be lawful for them, if they think fit, to execute a deed poll (a), duly stamped, in the manner herein before provided (b) in the case of the purchase of lands by them, and thereupon the lands in respect of the enfranchisement whereof such compensation shall have been deposited as aforesaid shall be deemed to be enfranchised, and shall be for ever thereafter held in free and common soccage. XCVIII. If any such copyhold or customary lands be subject to any customary or other rent, and part only of the land subject to any such rent be required to be taken for the purposes of the Special Act, the apportionment of such rent may be settled by agreement between the owner of the lands and the lord of the manor on the one part and the promoters of the undertaking on the other part, and if such apportionment be not so settled by agreement, then the same shall be settled by two justices (a); and the enfranchisement of any copyhold or customary lands taken by virtue of this or the Special Act, or the apportionment of such rents, shall not affect in other respects (a) Sec. 3. any custom by or under which any such copyhold or customary lands not taken for such purposes shall be held; and if any of the lands so required be released from any portion of the rents to which they were subject jointly with any other lands, such last-mentioned lands shall be charged with the remainder only of such rents; and with reference to any such apportioned rents, the lord of the manor shall have all the same rights and remedies over the lands to which such apportioned rent shall have been assigned or attributed as he had previously over the whole of the lands subject to such rents for the whole of such rents. 8 Vict. c. 18, s. 98. s. 99. tion for where held of a manor, &c., how to be paid. AND WITH RESPECT TO ANY SUCH LANDS, BEING COMMON OR WASTE LANDS, be it enacted as follows: XCIX. The compensation in respect of the right in the soil of any lands subject to any rights of Compensacommon shall be paid to the lord of the manor, in common case he shall be entitled to the same, or to such lands. party, other than the commoners, as shall be entitled to such right in the soil; and the compensation in respect of all other commonable and other rights in or over such lands, including therein any commonable or other rights to which the lord of the manor may be entitled other than his right in the soil of such lands, shall be determined and paid and applied in manner hereinafter provided with respect to common lands the right in the soil of which shall belong to the commoners; and upon payment or deposit in the Bank of the compensation so determined all such commonable and other rights shall cease and be extinguished. C. Upon payment or tender to the lord of the s. 100. manor, or such other party as aforesaid, of the com- Lord of the pensation which shall have been agreed upon or to convey manor, &c. |