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and whether the whole of such rent-charge, or whether only a part thereof, should be paid to the lord, being tenant for life or having other limited interest in the manor ; and when the tenant shall have only a life estate or other limited interest in his land it shall be lawful for the said valuers to state what proportion (if any) of the rent-charge to be paid in respect of such land should be deferred until the next act or event in which a fine would become due to the lord ; and the said valuers shall also state generally whether, and in what cases, in their opinion, the payment of the rent-charge, or of part thereof, should be deferred, and shall state such other particulars as may enable the said commissioners to defer payment of the whole rent-charge, or of any part thereof, if they shall think fit; and the said valuers shall state the amount of the fine (not exceeding five shillings) to be thereafter payable upon death or alienation in respect of each tenement; and they shall, if so instructed by the commissioners, make an apportionment of the costs of the proceedings under this Act, subject likewise to the approbation of the said commissioners; and it shall also be lawful for the said valuers to make such other allowances as they shall deem just for the particular circumstances of the several tenements, so that such allowances shall not be inconsistent with the said agreement for commutation, and the instructions received from the said commissioners.
29. And be it enacted, That as soon as the valuations, appor- Schedules of tionments, or schedules to be so made by the said valuers as Valuation to aforesaid shall have been sent to the said commissioners, they be deposited shall cause a copy of the same to be deposited in the hands of the for Inspection, steward for the time being of the manor, or if there shall be no
and a Meeting steward with the lord of the said manor, or with such person as for hearing
appointed they shall see fit, for the inspection of all persons interested Objections. therein within the manor, or within a parish wherein part of the manor is situated, and shall forthwith cause notice to be given, through such steward or lord, or in such manner as to the said commissioners shall seem fit, of such copy being so deposited for inspection, and which inspection shall at all reasonable times, up to the meeting after mentioned, be allowed by such steward or lord without fee (and for every neglect to allow which such steward or lord shall forfeit such sum not exceeding twenty shillings as the said commissioners shall order and direct, and which shall be deducted from the sums payable to such steward or lord under this Act); and in such notice such place and time, or places and times, shall be fixed as the said commissioners shall think fit (the first not earlier than twenty one days from the first giving such notice) for holding a meeting for hearing and determining ob- Hearings may jections to the said valuation, or the amount of costs claimed by be adjourned. the said valuers, or to the said steward's schedule, by any parties interested ; and the said commissioners or some assistant commissioner (to whom respectively such steward or lord shall on the day before or previous to the commencement of such first meeting, as required, deliver such copy of the said valuations, apportion
ments, or schedules, with all notices received, as herein-after
ments and alterations are required. Expences of 30. And be it enacted, That the expences of the proceedings Proceedings for effecting any commutation under this Act shall (except in under the Act.
cases where from special causes the said commissioners shall direct otherwise, and then as they shall direct, and except in cases where the parties to the said agreement shall therein otherwise provide, and then as they shall have provided,) be payable in manner following ; (that is to say,) where the valuers shall be appointed by the tenants, the costs of the valuations, apportionments, and schedules shall be paid by the tenants included in the commutation, in rateable proportion to the sum charged on their land respectively under and by virtue of this Act; but where the valuers shall be appointed by the lord and tenants as aforesaid, then if not more than two shall be appointed the lord shall pay half the costs, and the tenants as aforesaid shall pay half; and where more than two valuers shall be appointed the lord shall pay one third, and the tenants as aforesaid shall pay two thirds; and in all cases of dispute or difference as to the amount of the costs, or the persons on whom any costs should fall, the said commissioners shall have power to decide the same.
31. And be it enacted, That forthwith after the receipt of the Schedule to he valuations, apportionments, or schedules so settled the said com- made by the missioners shall cause a schedule of apportionment to be made,
sioners. wherein shall be stated the name or description, and the true or estimated quantity in statute measure, of the several lands to be comprised in the apportionment, and shall set forth the names and descriptions of the several proprietors and occupiers thereof, and the schedule of apportionment shall also state the amount of rent. charge charged upon the said several lands, or, where the commutation shall be for a fine payable on death or alienation, the amount of commutation fine to become payable in respect thereof upon death or alienation, and the periods at which the several rent-charges shall become due and payable ; and in cases of commutation for a rent-charge such schedule shall also state the amount of fine (not exceeding five shillings) to be thenceforth payable upon death or alienation in respect of each tenement; and such schedule shall further state to whom and in what right the same shall be respectively payable; and the said schedule shall contain all such other awards, orders, and declarations as shall be required for carrying the provisions of this Act into execution.
32. And be it enacted, That the said commissioners shall forth- Schedule of with after making such schedule cause a copy thereof to be Apportiondeposited with the steward, lord, or other person as aforesaid, for ment to be
inspected, inspection, within the manor, or within some parish where part of
Errors pointed the manor is situate, by any parties interested, and give notice of out, and such power to inspect, and which inspection during such period as Schedule then the said commissioners shall direct shall be allowed as aforesaid, confirmed. under the penalty aforesaid, recoverable as aforesaid ; and at the expiration of that period the said steward, lord, or other person as aforesaid shall return the same copy or copies to the said commissioners, together with any notice he may have received during that period, pointing out any errors therein, and a statement of any errors which he may have discovered therein; and the said commissioners shall forthwith inquire into and rectify any such
errors therein, and shall cause the said schedule of apportionment to be ingrossed on parchment or paper, and annex thereto any agreements, schedules, maps, plans, or other documents or writings required for elucidation thereof, and shall confirm such apportionment under thair hands and seals, and shall add thereto the date
of such confirmation. Copies to be 33. And be it enacted, That two copies of every confirmed indeposited with strument or schedule of apportionment and confirmed agreement, the steward of and schedules to be annexed thereto or written in the same book the Manor and
therewith, shall be made, and sealed with the seal of the said comthe Clerk of the Peace. missioners, and one such copy shall be delivered to the steward
of the manor, to be deposited and kept with the court rolls thereof, and the other copy shall be deposited with the clerk of the peace for the county or jurisdiction within which the said manor or the greater part thereof in value, computed as aforesaid, shall be situated, to be by him and his successors in office kept with the papers and books of the clerk of the peace for the time being; and all persons interested therein may have access to the said copies respectively, and shall be furnished with copies of or extracts from any such copy, on giving reasonable notice to the party having the custody of the same, and on payment of two shillings and sixpence for each inspection, and after the rate of two-pence for every seventy-two words contained in such copy or extract ; and
recital or statement in, or agreement, schedule, map, plan, document, or writing annexed to such confirmed apportionment, shall be deemed satisfactory evidence of the matters therein recited or stated, or of the accuracy of such map or plan ; and such deposit shall be notified by an advertisement or other
wise as the said commissioners may from time to time direct. Notice to 34. And be it enacted, That the said commissioners, if they Parties.
shall see fit, before confirming any agreement, valuation, assessment, schedule, or apportionment, may require notice thereof to be given in such manner as they shall direct to the person next in remainder, reversion, or expectancy of an estate of inheritance in any manor or lands, or any other person to whom they may think notice ought to be given, and may by themselves or by some assistant commissioner hear and determine any objection
made to such confirmation by any person so interested therein. Cominission- 35. And be it enacted, That it shall be lawful for the said comers may cor- missioners to correct or supply any manifest error or omission in with con
any agreement, valuation, assessment, schedule, or apportionment, at any time after the same shall respectively have been made or confirmed, with the consent in writing of all the parties affected
by such error or omission, but not otherwise. Lands to be 36. And be it enacted, That from the first day of January next discharged following the confirmation of every such apportionment the lands from Rents, of the said manor shall be absolutely discharged from the payment Fines, and Heriots now
of all the lord's rents, fines, and heriots, (save and except, in the payable, and a case of a commutation for a rent-charge, a fixed fine not exceedRent-charge ing the sum of five shillings, to be stated in every such apportion
ment as aforesaid, and which shall be payable to the lord in every and fixed fine case of death or alienation,) and from the lord's right of timber, to be paid in and any other right of the lord which may be the subject of lieu thereof. commutation, and instead thereof there shall be payable thenceforth, or from such time as shall be fixed by the said commissioners, to the person in that behalf mentioned in the said apportionment, the yearly sum of money mentioned therein, where the same shall not exceed twenty shillings, and in other cases a yearly sum of money which shall be deemed to be of the value of such number of imperial bushels and decimal parts of an imperial bushel of wheat, barley, and oats respectively as such sum would have purchased if equal third parts thereof had been invested in the purchase of those respective descriptions of grain at the prices ascertained by the advertisement provided for by the said Act for the commutation of tithes in England and Wales next preceeding the passing of this Act; that is to say, at the price (for wheat) of six shillings and eleven-pence three farthings per bushel, for barley of four shillings and one penny per bushel, and for oats of two shillings and tenpence three farthings per bushel, such respective yearly sum to be payable instead of the said rents, fines, and heriots, and other rights as aforesaid, in the nature of a rentcharge issuing out of the lands charged therewith; and such yearly sum shall be payable by two half-yearly payments on the first day of July and the first day of January in every year, the first payment (except where deferred by the said order of the said commissioners) being made on the first day of July next after the lands shall have been discharged from rents, fines, and heriots, and other rights as aforesaid ; and such rent-charge may be recovered, at the suit of the person entitled thereto, by distress and entry, as herein-after mentioned; and after every first day of January the yearly sum of money thenceforth payable in respect of such rent-charge, where it shall exceed the sum of twenty shillings, shall vary so as always to consist of the price of the same number of bushels and decimal parts of a bushel of wheat, barley, and oats respectively, according to the prices ascertained by the then next preceding advertisement; and any person entitled from time to time to any such varied rent-charge shall have the same powers for enforcing payment thereof as are hereinafter contained concerning the original rent-charge; and that whenever the commutation shall be in consideration only of a fine to be payable upon death or alienation, the amount of the fine to be mentioned in the apportionment (if the same shall not exceed twenty shillings), and in other cases the value of the respective quantities of wheat, barley, and oats, which equal third parts of such fine would have purchased at the respective prices per bushel herein-before set forth, such value to be ascertained by the prices stated in any such advertisement so provided for as aforesaid, next preceding the event or act upon which the fine shall have become payable, shall be paid to the person in that behalf mentioned or