persons except one whose right of entry or action has not existed for that period1.

(3) Compulsory Acquisition for Public Purposes.

There are certain modes of acquiring land by what may be called a process of involuntary alienation, where the law provides means for depriving a person of his property upon proper compensation being made to him, and vesting it in other persons, or in a corporation, notwithstanding any opposition by the owner. Thus the legislature provides machinery for compelling persons to divest themselves of lands which may be required for certain purposes of public utility; for instance, a railway, public elementary schools, or certain public works. This is principally effected by the machinery provided by the Lands Clauses Consolidation Act 2. This Act contains a set of general provisions, which are usually incorporated in the special Acts authorising and regulating individual undertakings, providing for a mode of compulsorily vesting the property required in the company or other body undertaking the public works by the giving certain notices, and taking the requisite steps to assess and pay the proper compensation for the lands taken.

(4) Acquisition under Inclosure Acts.

The legislature has also provided special means for acquiring modified the provisions of the earlier statutes. The new law does not come into force till Jan. 1, 1879.

1 Observe that if the occupancy began during the continuance of a particular estate, the period of limitation does not begin to run against the remainderman or reversioner till his estate vests in possession (see above, p. 224). For instance, if lands have been given to A for life, remainder to B in fee, and during A's life C wrongfully obtains possession, as against A the period of limitation will begin to run from the commencement of C's possession, but as against B, not till the death of A, for not till then can B enter or bring ejectment. Contra non valentem agere non currit praescriptio. 28 Vict. c. 18.

and divesting rights over common and waste lands. The limits within which the lord might by himself exercise his rights of ownership over the land have already been noticed 1. Of course a 'common' might always be dealt with, as any other piece of property, by the concurrence of all the persons having rights over it, that is to say, by the concurrent action of the freeholder or lord of the manor and all the commoners. But owing to the practical impossibility of obtaining the consent of all the commoners, it became usual for the legislature to pass private Acts of Parliament, authorising inclosures in particular places, and providing compensation to the lord and the commoners for the rights of which they were deprived, usually by giving them the benefit of the exclusive ownership of a portion of the soil of the common discharged of rights of common, in lieu in the former case of the seignory of the whole, and in the latter of the rights of common which were extinguished.

The Inclosure Acts, of which the Statute 8 and 9 Vict. c. 118 is the most important, contains provisions for carrying out inclosures through the Inclosure Commissioners. The consents of the requisite number of persons interested in the land, and of the lord of the manor, must be obtained. If the inclosure is carried out, the Commissioners may award certain portions of the waste for recreation, for allotments to the labouring poor, and for roads; the residue is divided amongst the persons who previously had rights over the land, and the lord of the manor. Upon the allotment being made, the common or other rights enjoyed over the land previous to the inclosure are extinguished 2.

The land allotted to the various persons who already were the owners of adjoining lands becomes part of and is held by the same tenure as the lands to which it is annexed: if annexed to freeholds, the land becomes freehold, and is held for the same estate as the land to which it is annexed; if the adjoining land is copyhold, the annexed land becomes copyhold also.

1 Chap. III. § 18 (2).

2 8 and 9 Vict. c. 118. s. 106.

(5) Compulsory Enfranchisement of Freeholds.

Another species of compulsory alienation takes place under the Acts by which either a lord of a manor or a copyhold tenant is entitled to compel enfranchisement through the medium of the Copyhold Commissioners1. Enfranchisement, as has been seen, consists in the conveyance of the freehold by the lord to his copyhold tenant 2. Either lord or tenant may now under the provisions of the above-mentioned Acts obtain an award of enfranchisement, compensation in money paid down or secured, or in land, being awarded to the lord.

(6) Bankruptcy.

Estates in land are lost and acquired by the bankruptcy of the tenant. Upon the appointment of the trustee in bankruptcy under the provisions of the Bankruptcy Act, 1869, the whole of the bankrupt's freehold, leasehold, and copyhold estates vestin the trustee, in trust for the creditors.

The following table shows in a concise form the classification of modes of acquisition which has been presented in this chapter.

§ 1. Alienation.

(1) Of Freeholds.

TABLE IV.

§ 2. Succession or Devolution.

(2) Of Leaseholds.

(3) Of Copyholds.

§ 3. Miscellaneous,