Copyhold Act 1843

Part of the Money received for Enfranchisement may be applied in paying of any Fee-farm Rent or other Charge.

Application of the Remainder.

Commissioners may direct that any other Security may be substituted for the Payment of Money into the Bank.

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 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 consider adequate, shall be paid into the Bank of England in 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 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 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 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.