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Commission- 20. And be it enacted, That the said commissioners shall frame ers to frame

and cause to be printed, so soon as conveniently may be after their and circulate

appointment or beginning to act, forms of notices and agreements, Forms, &c.

and such other instruments as in their judgment will further the purposes of this Act, and supply all or any of such forms to any person or persons requiring the same, or to whom the said commissioners shall think fit to send the same, for the use of any lord or copyholder or other tenant desirous of putting this Act into

execution. Suits and 21. And be it enacted, That if any action or suit shall be Differences as

pending touching the right to or amount of any fines, heriots, or to rights or Boundaries

other manorial rights, or touching the situation or boundary of may be re- any manor or lands, or if any difference shall arise whereby the ferred to making and executing of any such agreement, or of any enfranArbitration.

chisement under this Act, shall be hindered, it shall be lawful for he lord and tenants or claimants, being parties such action, suit, or difference, to submit the same to reference by any writing under their respective hands, containing an agreement that such submission shall be made a rule of any of Her Majesty's courts of law, upon such terms of reference as the said parties may agree upon; and the decision of the arbitrator or arbitrators named in the said reference shall be final and conclusive on all persons; and when such arbitrator or arbitrators shall be appointed for the purpose of determining any unknown or disputed boundary of any manor or lands, he or they shall and may have and exercise all the powers which may be exercised by any referee appointed under and by virtue of the provisions of an Act

passed in the third year of the reign of His late Majesty King 2 & 3 W. 4, William the Fourth, intituled An Act to authorize the identifying

of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations : Provided nevertheless, that no person, being owner of an estate in a manor or lands less in the whole than an immediate estate of fee simple or fec tail, or corresponding copyhold estate, shall be empowered to submit to any such reference, so as to bind any person in reversion, remainder, or expectancy, without the consent of the said commissioners ; and that it shall be lawful for the said commissioners, if they shall think fit so to do, but not otherwise necessary, to direct that any person in reversion, remainder, or expectancy, whom they shall deem to be

interested therein shall be made a party to such reference. Consents to be 22. Provided always, and be it enacted. That in every case in required to

which any manor or lands shall be held under any archbishop, Agreements. bishop, dean, dean and chapter, archdeacon, or any ecclesiastical

or other corporation, or any body politic, and in every case in which any such person, ecclesiastical or other corporation, or body politic, or patron of any living, shall be interested in any manor or lands to the extent of one third of the value thereof, computed as to such lands as aforesaid, or if it shall appear to the said commissioners that the interests of such person, ecclesiastical or other corporation, or body politic, would be affected by the

C. 80.

commutation or enfranchisement under this Act, no agreement to be made and executed under this Act shall be deemed to be executed by the said lord and tenants unless the consent of such person, ecclesiastical or other corporation, or body politic shall be given under the hand or seal of the person, ecclesiastical or other corporation, or body politic, or patron of such living giving the same; and such consent shall be annexed to the agreement for commutation or enfranchisement, and taken as part thereof.

23. And be it enacted, That every such agreement, as soon as Agreements to may be after it shall have been executed by the lord and tenants to be conto the number and value as aforesaid, shall be sent by the chair- firmed by the

Commisman of the meeting, or by the person in whose custody it shall

sioners. then be, to the office of the said commissioners; and the said commissioners, by themselves or by some assistant commissioner, shall cause inquiry to be made, and shall require such proof as will be satisfactory to them, whether or not it ought to be confirmed : and if they shall be satisfied that it ought to be confirmed, the said commissioners shall confirm the agreement under their hands and seal, and shall add to such agreement the date of the confirmation, and shall publish the fact of such confirmation, and the date thereof, within the manor, in such way as they shall deem fit; and every such confirmed agreement shall be binding on all persons interested in the said manor and on all persons interested in the said lands, and shall not be liable to be invalidated by reason of any doubt or question as to the sufficiency in the number and interest of the parties entering into such agreement: Provided always, that it shall be lawful for the said commissioners, by them. selves or by some assistant commissioner, at their discretion, if the circumstances of the case shall in their opinion require it, to direct that the rent-charge to be paid by any particular tenant or tenants shall not commence until the period of the next act or event on which the fine or other manorial right for which such rent-charge shall be commuted would have become due and payable, and that the amount of such rent-charge shall be then increased in such proportions as the said commissioners or assistant commissioner shall think proper.

24. And be it enacted, That at the said meeting for commuta- Appointment tion, or at some adjournment thereof, or at some other meeting to of Valuers. be called in like manner, either before or after the confirmation of the agreement, such agreement not being an imperfected provisional agreement, valuers shall be appointed, in manner hereinafter mentioned, for the purpose of making such valuations, apportionments, and schedules as shall be required for carrying the said agreement into execution ; and in case such commutation shall be agreed to be made in consideration of a rent-charge payable to the lord, and fixed by the agreement, the tenants present at such meeting shall appoint a valuer or valuers; and in case the majority in respect of number and the majority in respect of value (computed as aforesaid) shall not agree upon the appointment, then they shall appoint two or such other even number of

valuers as shall be then agreed on by such tenants, half of such number of valuers to be chosen by a majority in respect of number and the other half by a majority in respect of value (computed as aforesaid) of the tenants then present in person or by their agents; but in case such commutation shall be made in consideration of a rent-charge, the amount whereof shall not be fixed by the agreement, but shall be liable to increase or diminution by the valuers, or shall be left to be determined by them, with the approbation of the said commissioners, then and in either of the said cases one half of the number of valuers shall be appointed by the lord, or the majority of the lords in value, and the other half by the tenants in manner aforesaid, or such respective parties may concur in the appointment of one or more valuer or valuers ; and any question which may arise as to the regularity of the appointment of such valuer or valuers shall be decided by the

said commissioners. Valuation. 25. And be it enacted, That as soon as may be after the

choosing such valuers, and after the confirmation of the said agreement, the said valuers shall apply to the said commissioners for instructions as to the duties to be performed by them pursuant to such agreement, and having received such instructions shall proceed to make and send in to the said commissioners such valuations, apportionments, and schedules as they shall require ; and whenever an even number of valuers shall be chosen, it shall be lawful for the said commissioners, by any writing under their hands and seal, (to be communicated either together with, or as soon as conveniently may be after the said instructions,) to appoint a fit and proper person to be an umpire between such valuers; and the decision of the umpire on the questions in difference between the valuers shall be binding on them respect

ively, and shall be adopted by them respectively in their valuation. Valuers may

26. And be it enacted, That the said valuers and umpires res

pectively (if as to such umpires it shall become necessary for them Lands, &c. to act respectively), and their agents or servants, at all reasonable

times, may, on producing an authority under the hand and seal of the said commissioners or assistant commissioners, enter upon any of the lands and premises affected by such agreement, and make an admeasurement, plan, and valuation or inspection of the

same, without being subject to any action or molestation for so Not to act doing : Provided always, that no valuer or umpire shall be until he shall capable of acting until he shall have made and subscribed before have made a

the said commissioners or some assistant commissioner, or a Declaration.

Justice of the Peace or master extraordinary in chancery, a solemn declaration to the same purport and effect as the declaration herein-before directed to be made by the said commissioners, substituting only the proper description of the office held by such person for that of a commissioner ; which declaration it shall be lawful for the said commissioners, assistant commissioner, Justice of the Peace, or master extraordinary to administer; and

every such declaration so made and subscribed shall be countersigned

enter on

by the person before whom the same shall have been made, and shall be sent by him to the office of the said commissioners.

27. And be it enacted, That for the purpose of enabling the Stewards to said valuers to make such valuations, apportionments, and sche- furnish Infordules, and otherwise to facilitate commutations under this Act, mation rethe steward of the manor for the time being shall, on request by Valuers or the the said valuers, or any of them respectively, or the chairman of Commisany meeting or adjournment thereof, or of any three tenants sioners ; having signed the notice of an intended meeting, make out, so far as his information may enable him, within such period and in such manner as the said commissioners shall direct, a correct statement in writing of the several tenants of the said manor, and of the respective lands to which they shall respectively stand admitted for life or otherwise, or which they shall hold subject to fines, heriots, or other manorial rights, and of the amount to which the same lands are rated to the relief of the poor, so far as he can distinguish or estimate the same, and of the amounts received by the lords on account of the three last heriots in respect of any such lands, and of any other information which the said commissioners shall from time to time direct, and which as such steward he can procure and produce without prejudice to the rights and interests of the lord of the said manor; and the said steward shall produce the said statement for inspection at any such meeting or adjournment thereof, on being paid for the same as herein-after provided, and shall veliver to or allow any extracts thereof as to such rating to be taken by the chairman of such meeting, and shall, upon request by the said valuers, and being paid as aforesaid, deliver to them respectively a true copy of such statement or the parts thereof required by them; and for preparing such statement the said steward shall receive from the person requiring the same such a remuneration as shall have been agreed upon, or, in case of difference, such a sum as the said commissioners shall under their hands and seal order and direct, and for copies or extracts thereof the sum of four-pence for every seventy-two words; and the said steward for the time being, or, and make a if there shall be no steward, the lord, shall, within three calendar Schedule or months after the signature of the said agreement, or whenever Statement as

the Commisrequired by the said commissioners, make out and send to the

sioners may said commissioners such information and in such form as the said direct. commissioners shall from time to time require, and as the said steward, or, if there shall be no steward, the lord, can procure and produce, without prejudice as aforesaid ; and for the purpose of Stewards may ascertaining the ages of any tenants it shall be lawful for the require infor

mation from steward or lord to apply personally, or by letter sent by post, and

Tenants, &c. addressed to the particular tenant at his usual place of abode, for such information, and every tenant refusing or neglecting for the space of twenty-one days to give such information shall not be entitled to have any amendment made in such schedule by reason of any error the steward may commit in inserting such age, or to object to the apportionment herein-after mentioned by reason of

such mis-statement of age, unless the said commissioners shall see Penalty on cause otherwise to direct; and any tenant falsely stating his or Tenant for

her age shall forfeit and pay such sum, not exceeding the sum Default.

of ten pounds, as the said commissioners shall under their hands
order and direct, and which shall be added to the amount to be
payable by him or her under the apportionment, and recoverable
in like manner, and applied in and towards the costs of appor-
tionment or other costs of commutation as the said commissioners
shall direct, or shall be recoverable by distress or action as
herein-after provided with respect to costs payable under this
Act; and the said steward shall receive for the said schedule, and
the expence of application as to ages and rates, such sum as the
said commissioners shall think fit and proper to allow for the
same, with the other costs of apportionment; and in like manner
such steward or lord shall from time to time make out and send
to the said commissioners, upon request, all statements, schedules,
and information which they shall from time to time require, from
the court rolls, quit rentals, and other documents of the like
nature; and in case default shall be made by the steward or lord
in complying with any such request he shall forfeit such sum and
sums, not exceeding the sum of five pounds, as the said commis-
sioners shall from time to time in their discretion order and
direct, and which sums shall be deducted from any compensation

to be awarded or sum to be allowed to him under this Act.
Valuers to take 28. And be it enacted, That when the said valuers shall be so
particular Cir. instructed by the said commissioners, pursuant to such agreement,
each case into they shall accordingly proceed in the discharge of the duty in-
consideration. trusted to them; and in every case in which the agreement shall

have provided that the rent-charge or (where the commutation
shall be for the payment of a fine on death or alienation) that the
commutation fine shall be subject to increase or diminution by the
valuers, or that the amount of the rent-charge shall be fixed by
them, the said valuers shall proceed to determine, within the
limit prescribed by the agreement, the amount of increase or
diminution, or shall ascertain the amount to be paid by way of
rent-charge (as the case may require); and the said valuers sha!!
afterwards, or where the rent-charge shall be specifically stated in
the agreement, and shall not have been apportioned thereby, shall
at once proceed to apportion the total sum to be paid by way of
rent-charge; and in regulating the amount of rent-charge, and
also in making such apportionment, the said valuers shall take
into account the facilities for improvement and all other circum-
stances relating to the land which shall be included in such com-
mutation, and shall make due allowance for the same ; and shall
also take into consideration the relative situations of the lord
when tenant for life or having other limited interest, and the res-
pective rights of such lord and of those entitled in remainder or
reversion to the manor, and what portion of such rent-charge
should be paid to such lord, being tenant for life or having other
limited interest, and how the residue thereof should be applied,

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