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PARLIAMENTA

RY FORMS.

Private Act
Estates

holds).

and to fix the

annual value for assessing fines upon admis

sions;

subject to cer

tain restrictions.

exceeding years, commencing from the respective times of granting such licences, or for any one or more of the purposes aforesaid; and further, that it shall and may be lawful to and for (leasing copy- the said lord archbishop and his successors, and his or their steward or stewards in manner aforesaid, with consent of the copyhold tenant or tenants whose estate shall be the subject of such licence, to fix the sum which, during the term to be mentioned in such licence, shall be considered as the annual value for assessing the fines payable to the lord upon admission of any new tenant to any tenements which shall have been built on or improved, or for the building on and improvement of which such licence shall be or shall have been granted; but so that the sum to be fixed shall not in any case be less than the best annual rent which might at the date of such licence be reasonably obtained on a demise of the premises therein mentioned for a term of years, or for such shorter term as shall be expressed in any such licence, without taking any fine, premium or foregift for the making of such demise, the same to be ascertained by the oath of or more competent witnesses, and to be entered upon the court-rolls or in the court-books of the said manor respectively, which oath the said steward or stewards of the said respective manors are hereby severally authorized to administer, either in court or out of court, as the case may require; and so that the sum so to be fixed shall not be considered as the annual value according to which the fine is to be assessed for any greater number of years than the term of years, to commence from the date of such licence; and so that no fine, premium or foregift shall be taken by the said lord archbishop or his successors, or by his or their steward or stewards, for the making or granting such licence, save and except the customary fine of year of the term to be expressed in such licence, and such fees as shall from time to time be presented by the homage juries of the said manor as reasonable in that behalf; and so that upon the grant of such licences there be saved and reserved to the lord of the said manor respectively for the time being, all fines, heriots, rents, customs, and services due and to grow due in respect of the tenements therein comprised.

Confirmation of licences already granted, and of

leases made in

pursuance thereof.

for every

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And be it further enacted, That all licences which have been lord archbishop of or any granted by the said of his predecessors, to any of the copyhold tenants of the said manor to demise their copyhold tenements, or any part of thereof, and all leases made in pursuance thereof, for any term of years not exceeding years, for the purposes aforesaid, shall,

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RY FORMS.

Private Act
Estates

subject to the limitations herein contained, be as valid and effectual PARLIAMENTA to all intents and purposes whatsoever as if the same had been authorized by this act, except only for the purpose of ascertaining the annual value of the tenements therein comprised with reference to fines, (leasing copywhich shall and may be fixed as hereinafter mentioned.

And be it further enacted, That in every case in which a licence to demise any copyhold tenements within the said manor of for any term not exceeding

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years, has been granted before the passing of this act, and in which the premises comprised in such licence have been actually demised or agreed to be demised to any person or persons for the purposes aforesaid, pursuant to such licence, it shall be lawful for the said lord archbishop and his successors, or his or their steward or stewards for the time being, by writing under his or their hand or hands, with consent of the copyhold tenant whose estate shall be the subject of such licence, to fix the sum which, during the term specified in such licence, or during such shorter term as may be deemed reasonable, shall be considered as the annual value of the said premises, or any part thereof, for assessing the fines payable to the lord upon admission of any new tenant, in such and the same manner as if such licence had been granted after the passing of this act; and the sum so to be fixed shall be estimated according to the state and condition of the premises, and the value of the same, with a view to the purposes aforesaid, at the time of making the agreement for demising the same.

holds).

Lord or his steward, with consent of copy

holders, em

powered to fix

the annual value of copyholds already demised.

tenants not to be

fines upon ad

mission other

wise than according to the

sum so fixed.

And be it further enacted, That during the term specified in The copyhold every such licence or writing as aforesaid, the copyhold tenements liable to pay therein comprised, and the tenants thereof, shall not, whensoever a fine shall become payable, be liable to a greater fine than they would have been liable to if at the period at which such fine shall be assessed the sum fixed by such licence or writing had been the best improved annual value of the said tenements; but so nevertheless, that during the last years of such term the improved annual value of the premises in reversion, expectant on the determination of the said term, may be taken into calculation, according to the age or ages of the life or lives to be admitted.

And be it further enacted, That if at any time or times hereafter any copyhold tenement, the annual value of which, with reference to fines, shall have been fixed under the authority of this act, shall be divided, the homage juries of the said respective manors shall from time to time, as often as it shall be necessary, apportion the said annual sum which shall have been so fixed as aforesaid among the different parcels of the said tenement, in such manner as they shall

Where tenevided, the homage-juries apportion the sums so fixed.

ments are di

empowered to

PARLIAMENTA deem equitable and just, and such apportionment shall continue in full force till further subdivisions (if any) of the same tenement, or any part thereof, shall take place.

RY FORMS.

Private Act Estates (leasing copyholds).

Licences, &c.

to be enrolled,

And be it further enacted, that every such licence and writing as aforesaid (whether under the hand of the lord or steward of the said manor) shall be entered on the respective court-rolls or court-books and copies there of the said manor, and such entry, or a copy thereof, signed by the steward or respective stewards, shall be evidence of such writing for and against the lord and the tenants for the time being of the said manor respectively.

of to be evidence.

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Provided always, and be it further enacted and declared, That nothing in this act contained shall be construed or extend to lessen or abridge any power or authority whereby the said lord archbishop of and his successors, as lord of the said manor of was or were enabled at or before the passing of this act to grant to the copyhold tenants of the same manor respectively licences for demising their copyhold tenements, or to bind or oblige the said lord archbishop or his successors to grant any such licences as last aforesaid, or any licences or writings for the purposes in this act mentioned, otherwise than as the said lord archbishop and his successors shall in his or their discretion think fit, or as he or they would have been bound or obliged to grant the same in case this act had not been made; and that nothing in this act contained shall be construed or extend to invalidate or impeach any licence heretofore granted by the said lord archbishop or any of his predecessors, or any lease which may have been granted pursuant to such licence, but that all such licences and leases shall be of the same force and validity as if this act had not been made; or to subject any copyhold tenant of the said manor of , whether applying for licences for the purposes of this act or not, to pay any fine upon his or her admission to any tenement, copyhold of the said manors respectively, except in such cases in which such tenant would have been liable to pay a fine according to the custom of the said manors respectively, if this act had not been made, or to pay any greater fine upon any such admission than such tenant would have been liable to pay if this act had not been made.

As to expenses of the act.

And whereas said manor of

of, &c. one of the copyhold tenants of the hath (if so) undertaken and agreed to defray the costs, charges, and expenses of applying for, obtaining, passing, presenting, and enrolling this act, for the benefit of himself and the other copyhold tenants of the said manor; be it further enacted, that it shall and may be lawful to and for the steward or respective

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and

PARLIAMENTA

RY FORMS.

Private Act
Estates

holds).

stewards of the said manors for the time being to ascertain and certify, by writing under their or his hands or hand, the amount of such costs, charges, and expenses so incurred by the said to cause the same to be presented to the homage juries of the said (leasing copymanor respectively, and to be entered on the court-rolls or courtbooks of the same manors respectively, and thereupon to ask, demand, and receive, for the use of the said his executors, administrators, or assigns, of and from all and every the copyhold tenants of the said manors respectively, who shall, within the space of

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years next after the passing of this act, apply for licences or writings to be granted to them for the purposes in this act mentioned, such contributions towards defraying the costs, charges, and expenses aforesaid as shall be reasonable, not exceeding in the whole

parts of the amount so to be ascertained and certified as aforesaid, together with lawful interest thereon, and one shilling in the pound for receiver's fees, and not exceeding in each case one half years' reserved rent of the premises to be comprised in any such licence or writing as aforesaid: provided always, that the amount of every such contribution shall be expressed in the licence or writing in respect of which the same shall be paid, and shall be entered in the court-rolls or court-books of the said manors respectively; and that no tenant who shall before the passing of this act have paid to the said any contribution towards such costs, charges, and expences, shall be liable to any further contribution for the same.

Saving always to the King's Most Excellent Majesty, his heirs and Saving clause. successors, and to all other persons, bodies politic and corporate, and

their respective heirs, successors, executors, and administrators, (other

than the said

lord archbishop of

and his suc

and all persons claim

,

cessors, lord of the said manor of
ing by, from, through, under, or in trust for him and them), all such
estate, &c. (1).

(1) See ante, pp. 289. 301. and add Evidence clause as in p. 289.

PARLIAMENTA

RY FORMS.

Private Act Estates (partition).

No. CCCCXIV.

A Bill or Private Act for making or confirming a Partition between
Joint-tenants, Tenants in Common, or Co-parceners (1).

1. Notice of Application to Parliament (2).

2. The Petition for leave to bring in the Bill (3).

Preamble.

3. THE BILL.

An Act for making and confirming a Partition made by

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WHEREAS [recite settlement, will, or other instrument or means by which the premises to be divided became vested in the parties in undivided parts, and the infancy or other cause impeding a partition.]

and

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And whereas the said being desirous to benefit and improve their said respective estates, have agreed that a partition shall be made of the messuages, lands, and hereditaments situate, lying, and being in the parish of aforesaid, holden

by them in undivided moieties, and which are mentioned and speci

(1) See ante, "PRACTICAL DIRECTIONS," chap. II. sec. v.

(2) See ib. pl. 1.

(3) See ib. pl. 2. and ante, p. 283.

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