Duchy of Cornwall Act 1844

III Power to enfranchise Copyhold or Customary Lands.

And be it enacted, That it shall be lawful for the Council of His said Royal Highness and they are hereby authorized and empowered, at any Time during the Minority of His said Royal Highness, to enfranchise any Messuages, Lands, or Tenements holden of any Manor, Parcel of the Possessions of the said Duchy of Cornwall, either with or without the Mines, Minerals, Stone, Substrata, or any of them, in, upon, or under the same, and either together with or without all or any such Common Rights, Liberties, and Privileges as shall have been appendant or appurtenant to or held or enjoyed with such Messuages, Lands, or Tenements immediately before the Enfranchisement thereof, and with such Reservations, Exceptions, and Restrictions, (if any,) and at or for such gross Price or Consideration in Money, or such annual or other Rents or Payments, as the Council of His said Royal Highness shall think reasonable; and all Sums of Money agreed to be received for the Enfranchisement of any such Messuages, Lands, or Tenements shall be paid into the Bank of England, or to the Receiver General of the said Duchy, or other the Receiver or Agent to be appointed as aforesaid, in the same Manner as herein-before directed with regard to Purchase Monies on Sales by the said Council; and it shall be lawful for the said Council, upon Payment of the Enfranchisement Money in manner aforesaid, to cause to be executed any Deed or Assurance under the Great or Privy Seal of His said Royal Highness (which Deed may be according to the Form for that Purpose set forth in the said Second Schedule to this Act annexed, or in any other Form which may be deemed more convenient), granting unto the Copyhold or Customary Tenant of such Messuages, Lands, or Tenements, and his Heirs, or in such Manner as he shall direct or appoint, the Freehold and Inheritance of the same Messuages, Lands, and Tenements, to be holden as of the Manor within which the same are situate ; and every such Grant shall be valid and effectual against His said Royal Highness, His Heirs and Successors; and every Person taking under any such Grant, and his Heirs or Assigns, shall from thenceforth, according to the Estate which shall be granted, have, hold, and enjoy the Messuages, Lands, and Tenements which shall be so granted, with the Appurtenances, discharged from all Customary or Copyhold Tenures, and all manner of Quit Rents, Chief Rents, or Customary Rents, Fines, Heriots, and other Customary Payments, either annual or otherwise, which by or according to the Custom of the Manor of which the same shall have been previously holden would from thenceforth have been payable to His said Royal Highness, His Heirs and Successors, in respect of such Messuages, Lands, or Tenements, but subject nevertheless to such Rights and Powers to enter, get, carry away, and dispose of any Mines, Minerals, Stones, and Substrata which shall be excepted or reserved out of or upon any such Enfranchisement, and to all such other Reservations, Exceptions, Restrictions, Rights, Powers, Privileges, Rents, or Payments, (if any,) as may be excepted, reserved, granted, or made payable in consideration of or upon such Enfranchisement, and shall hold and enjoy, as Freehold Tenant of such Manor, all such Commons and Commonable Rights in and upon every or any of the Commons or Waste Grounds, Parcel of such Manor, as shall have been appendant or appurtenant to or held or enjoyed with the said Messuages, Lands, or Tenements immediately before the Enfranchisement thereof, and shall be thereupon granted as aforesaid.