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Disabilities.

shall be a minor, idiot, lunatic, feme covert, or under any other Manor shall legal disability, or shall be beyond the seas, the guardian, trustees, be under committee of the estate, husband, or attorney of such person respectively, or in default thereof, or in case the party interested shall be unknown or not ascertained, then such person as may be nominated for that purpose by the said commissioners under their hands and seal, after due inquiry shall have been made by them, as to the fitness of such person, shall for the purposes of this Act be substituted in the place of such lord, tenant, or other person: Provided always, that if any lord, tenant, or other person interested as aforesaid, shall be a trustee for charitable purposes, and the annual value of the charity estate shall exceed fifty pounds, such trustee shall not sign any agreement or power of attorney, or join in any proceedings under this Act, without an order of Her Majesty's High Court of Chancery, to be applied for by petition; but on such order being obtained, or if the annual value of the charity estate shall not exceed fifty pounds, such trustee may sign any agreement or power of attorney, and otherwise join in any proceedings under this Act, as if he had been beneficially interested in such charity estate.

Power of

Attorney.

12. And be it enacted, That it shall be lawful for any lord or Agent may be tenant of a manor, or any other person interested in any commu- appointed by tation under this Act, by a power of attorney given in writing under his hand, or in the case of a corporation aggregate under the common seal of such corporation, from time to time to appoint an agent to act for him in carrying into execution the provisions of this Act; and all things which by this Act are directed or authorized to be done by or in relation to any person may be fully done by or in relation to the agent so duly authorized of such person; and every such agent shall have full power, in the name and on behalf of his principal, to concur in and execute any agreement and vote in any question arising out of the execution of this Act, and make any inspection and sign any notice of objection under the provisions of this Act; and every person shall be bound by the Acts of any such agent, according to the authority committed to him, as fully as if the principal of such agent had so acted; and the power of attorney under which the agent shall have acted, or a copy thereof authenticated by the signature of two credible witnesses, shall, at the first meeting under the Act attended by such attorney under such power, or whenever requested by the chairman or by any other interested party present at such meeting, be delivered to the chairman for the time being, and the same or any like copy shall be appended to every agreement executed by any such attorney, and shall be sent with it to the office of the said commissioners as herein-after provided : Provided always, that if any person having made such an ap- Revocation of pointment shall deliver notice in writing, or under a common seal, Power of (as the case may require,) of the revocation thereof, to the chair- Attorney. man at any such meeting, no act which shall be done by the person so appointed after the delivery of such notice, without a

D

Form of Power of Attorney.

Meetings may
be called of

Lords or
Tenants of

Manors, on Twenty-one Days' Notice, for the purpose of agreeing on Terms of Commuta

tion.

fresh appointment, shall bind the principal; and any such power may be in the form following:

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'I A. B. of, &c., lord [or copyholder, customary tenant, or free-
'holder, as the case may be,] of the said manor, do hereby appoint
'C. D. of, &c., to be my lawful attorney, to act for me in all res-
'pects as if I myself were present and acting in the execution of
an Act passed in the fourth year of the reign of Her present
'Majesty, intituled [here insert the title of this Act]. Dated this
day of
one thousand eight hundred and

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13. And be it enacted, That any lord or lords of any manor whose interest shall not be less than one fourth of the whole annual value of such manor, or any tenant or tenants of any manor to the number of ten, or when there shall not be so many tenants as ten, then one half of the tenants of such manor, may call a meeting of the lords and tenants of such manor, by notice thereof in writing under his or their hands, to be affixed at least twenty-one days before such meeting on the principal outer door of the church of the parish within the limits of which the said manor or the greater part thereof in value extends, or on the door or on some conspicuous part of some house or building wherein the courts for the said manor are are usually held, and to be twice at least within such twenty-one days inserted in some newspaper (or once in each of two newspapers published in successive weeks) generally circulated in the county within which the said manor or the greater part thereof in value extends, for the purpose of making an agreement for the general commutation of the rents, fines, and heriots thereafter to become due in respect of lands holden of such manor, and of the lord's rights in timber; and every lord and tenant attending such meeting shall bear his own expences of attendance; and the lord and tenants who shall be present at any such meeting called as aforesaid, such tenants not being less in number than three fourths of the tenants of such manor, and the interest of the lord and the interest of the tenants in the manor and lands respectively not being less than three three fourths fourths of the interest in the value thereof respectively, computing the interest of tenants as herein-after is provided, may proceed to make and execute such an agreement as is herein-after mentioned for the commutation of the rents, fines, and heriots thereafter to become due in respect of the lands holden of the said manor, and of the lord's rights in timber; and if expressly agreed between such lord and tenants, the commutation may be made to extend to rights in mines and minerals, but otherwise shall not extend to or affect such rights; and thereupon such agreement shall be reduced into writing, and a memorandum or minute thereof shall be signed by the persons so agreeing to such commutation, or by their respective agents.

At such

Meetings the
Lord and three

fourths in

number of the Tenants and

in value of the
Interests in
the Manor

may agree on
Terms for the
general Com-

mutation of Rents, Fines, &c.

Terms on which Agree

14. And be it enacted, That such agreement for a commutation

made.

of the rights of the lord may be for the payment of an annual ments may be sum by way of rent-charge, and of a small fixed fine upon death or alienation, which shall in no case exceed the sum of five shillings, such rent-charge to commence, either in whole or in part, according as the said commissioners shall direct, from the date herein-after mentioned (except where otherwise directed by the said commissioners), and to be valued and variable (when such rent-charge shall exceed twenty shillings) according to the price of corn, in like manner as is mentioned and provided with regard to the tithe commutation rent-charge in and by the said Act for the commutation of tithes in England and Wales; and the amount of every such rent-charge may be specifically stated in such agreement, or separate rent-charges may be therein agreed upon between the lord and any one or more tenants, parties to the agreement, or the agreement may provide that the entire rentcharge, though stated therein, shall be subject to increase or diminution by the valuers to be appointed as herein-after mentioned to such an amount per centum as shall be therein expressed, or that such separate rent-charges as aforesaid shall be subject to increase or diminution to a given amount per centum, in certain events to be specified in the agreement; and the agreement may also determine the apportionment for each tenant, or it may provide that the entire rent-charge, or the apportionment thereof, shall be fixed by such valuers, subject to the approbation of the said commissioners; and it may be agreed that so much of the rent-charge, to be apportioned as aforesaid in respect of the lands of any tenant, as shall be in lieu of fines, or other manorial rights to which such tenant would not be liable thereafter during his tenancy, shall not commence until the period of the next act or event on which a fine or such other manorial right would have become payable or due, and that the amount of such rent-charge shall be then increased accordingly; but such agreement shall not fix the time for the commencement of the rent-charge to be apportioned in respect of the lands of any tenant who shall not be party to such agreement; and all other provisions may be made for carrying into execution the intention of the parties and of this Act, so that nothing in such agreement contained (unless every tenant included therein shall be a party thereto) shall exclude or prevent the exercise of the powers herein-after contained for apportioning the rent-charge according to the particular circumstances of each tenement, and for the relief of tenants for life and other persons in the cases herein-after provided for; and such agreement may fix a scale of fees to be payable to the steward from and after the confirmation of the apportionment, but so nevertheless as not to affect the interests of any steward in office at the time of the passing of this Act who shall hold his office for life or during good behaviour, or of any steward of a manor so in office as aforesaid where the usage shall have been such as in the opinion of the said commissioners to lead to a just expectation that the steward will hold his office during his life or good beha

Commutation may take

place in consideration of a Fine on Death or Alienation, or at a fixed Period.

Provisional Agreements may be made.

Proportional Interest how to be computed for purpose of voting.

viour; and such agreement may provide for the costs of the proceedings under this Act, subject to the approbation of the said commissioners: Provided always that in case of doubt or difference as to the sufficiency of interest of the parties to any such agreement, the decision of the said commissioners thereon shall be conclusive; and every agreement so made and executed, and confirmed in manner herein-after mentioned, shall be binding on all persons interested in such manor or lands.

15. And be it enacted, That such agreement for a commutation of the rights of the lord as aforesaid may also be for the payment of a fine on death or alienation, or at any fixed period or periods to be agreed upon by the parties, every such fine to be fixed by the agreement or to be subject to increase or diminution by the valuers, to be appointed as herein-after mentioned, to such an amount per centum as shall be expressed in such agreement, but in either case to be valued in bushels of wheat, barley, and oats in the same manner as the tithe commutation rent-charge, and to be subject, in like manner as such rent-charge, to variation according to the prices ascertained by the advertisement provided for by the said Act for the commutation of tithes in England and Wales, to be published next before the time of the happening of the act or event on which the fine shall become payable.

16. And be it enacted, That the said lord and tenants present at such meeting shall elect a chairman (the vote of the lord being reckoned as equal to one third of the whole number of votes, and the votes of the tenants being reckoned individually), who shall forthwith proceed to ascertain the number and interest of the lord and tenants then present in person or by their agents; and in case it shall thereupon appear that the persons present at such meeting are not sufficient in number, and interest, or a sufficient portion are not willing to make and execute such an agreement as shall be binding on all persons interested therein, it shall be lawful, notwithstanding, for any number of the persons present to make and execute a provisional agreement of the like form and tenor; and every such provisional agreement which shall be executed within six calendar months from the day of such meeting by such persons as would have been sufficient in number and interest to make a binding agreement at such meeting shall be as binding as if the same had been sufficiently executed at such meeting.

17. And be it enacted, That the proportional interest of the tenants, so far as relates to their power to make such agreement or provisional agreement, or to appoint valuers, or to give any notice to the said commissioners or assistant commissioners, as herein-after provided, shall be computed in manner herein-after mentioned; that is to say, the interest of every tenant liable to fines arbitrary or uncertain in amount shall be estimated according to the proportional sum at which their lands shall be rated to the relief of the poor in the parish or place wherein the same are situated, and, if any lands shall not be distinctly rated, then in

respect of such lands according to the rules by which property of the same kind is in the said parish rated to the relief of the poor; and when such rating cannot be ascertained, then the interest in respect thereof shall be estimated at such proportion, not exceeding two thirds of the last fine arbitrary paid on admission to the said lands, as the chairman at the said meeting shall consider nearest in amount to the yearly value of the same lands; the interest of tenants liable to fines certain shall be estimated according to such rule as shall be specially made for the occasion by the said commissioners on the application of the lord or tenants by whom the meeting shall have been called, or, for want of such rule, as if the annual value of their respective lands were one half of the amouut of such fine certain; the interest of tenants liable to heriots in kind shall in respect of such liability be estimated according to such rate as shall be specially made for the occasion by the said commissioners on such application as aforesaid, or for want of such rule at one fifth of the annual value of their respective lands, as nearly as the same can be estimated by the chairman at any such meeting; and the interest of no person shall be computed in respect of a copyhold estate who has not been admitted tenant thereof according to the custom of the manor, or who has made an absolute surrender of all his estate and interest therein; and it shall be lawful for the said commissioners to make special rules respecting the computation of the interests of tenants liable to fines certain, heriots, rights in timber, and other manorial rights (if any) which may be the subjects of any proposed commutation, on the application or with the consent of a majority of the parties interested, and previous to the execution of any agreement, and such rules shall have the same force as if made by this Act.

18. And be it enacted, That in case an adjournment of the Meetings may said meeting shall for any cause be desired by a majority in num- be adjourned, Notice being ber of the persons attending such meeting in person or by attorney given. as aforesaid, the chairman shall adjourn the meeting to any time and place then by him to be declared, and so from time to time in case the same shall be in like manner desired by a majority in number of the persons attending such meeting as aforesaid; and notice of every such adjourned meeting shall be given under the hand of the chairman, and shall be affixed in a conspicuous place on the outside of the building in which such meeting, or the last adjournment thereof, shall have been holden, and shall be once advertised in a newspaper as aforesaid; and the like order of proceeding shall be observed at every such adjourned meeting; and every thing done at any such adjourned meeting shall be as valid as if done at the original meeting.

19. And be it enacted, That every such agreement shall bear Agreement to date on the day on which the first signature is attached thereto, be in the form or to the memorandum or minute thereof, and shall be in such which Comform as the commissioners shall from time to time direct, or to missioners the like effect.

shall direct.

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