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described in the apportionment, and shall be recoverable by him in like manner as any fine upon death or alienation is now by law

recoverable. Schedule to 37. Provided always, and be it enacted, That in every case in specify in what which by the agreement entered into as aforesaid any rent-charge Event a Rent

or rent-charges shall have been left subject, in certain events, to charge is to be increased or

increase or diminution, the schedule of apportionment shall set diminished. forth the events on the happening of which such increase or dimi

nution is to take place, and the amount or rate of increase or

diminution respectively. If Valuers be 38. And be it enacted, That if upon the expiration of six calennot appointed dar months after the confirmation of any agreement to be made within six

as herein before mentioned, no valuers shall have been appointed, months, or

or their valuation, apportionments, or schedules (as the case may Valuation be not made

be) respectively shall not have been made, and sent to the office within that of the said commissioners, or if any valuer appointed under or by period, Com- virtue of this Act shall die or become incapable of acting, it shall missioners

be lawful for the said commissioners from time to time to appoint may appoint. such competent person or persons as they shall deem fit as valuer

or valuers, with the like powers and duties, and whose costs and expences shall be payable in like manner as is herein-before provided with respect to valuers to be appointed and acting under

any such agreement for commutation as aforesaid. Commis- 39. And be it enacted, That if any action or suit shall be sioners may

depending touching the right to or amount of any fines or other hear and determine Disputes;

manorial payments or incidents (except mines and minerals), or any question shall arise thereon, it shall be lawful for the said commissioners or assistant commissioner to appoint a time and place in or near the manor for hearing and determining the same, and to inquire into, hear, and determine such right or amount, or such question or questions as aforesaid; and the decision of the said commissioners or assistant commissioner at such meeting, or any adjourned or renewed meeting, shall, subject to the provisions herein-after contained, be binding and conclusive on all persons to whom twenty days notice of the time, place, and intent of such meeting shall have been given, or left at their usual place of abode, or left with the occupying tenant of the lands to which such meeting shall relate, his, her, and their heirs, executors, administrators, and assigns, and the successors of any body politic or corporate ; and such occupying tenant shall forthwith send such notice by post or otherwise to the party for whom the same was left, and in default of so doing shall be liable to the penalty of not less than five pounds and not more than twenty pounds, to be recovered before two of Her Majesty's Justices of the Peace on summary application in manner herein-after mentioned, and shall also be liable to pay and make good to such party all damage which he may sustain by such default, to be recovered, with full

costs of suit, in an action in any of Her Majesty's courts of law at Proviso as to Westminster : Provided always, that if any such decision shall Rights to

directly or indirectly affect any right to mines or minerals, such Mines or decision so far as it relates to any such right, shall be null and Minerals. void, and of no effect whatever, either at law or in equity.

40. Provided always, and be it enacted, That any person claim. Persons dising to be interested in any lands, who shall be dissatisfied with satisfied with

Decision may any such decision of the said commissioners or assistant commissioner, may, if the yearly value of the payment to be made or at Law or on

appeal by Issue withholden according to such decision shall exceed the sum of Case stated. twenty pounds, cause an action to be brought in any of Her Majesty's courts of law at Westminster against the person in whose favour such decision shall have been made, within three calendar months next after such decision shall have been notified in writing, in such manner as the said commissioners or assistant commissioner shall direct to the parties interested therein, or to their known agents, in which action the plaintiff shall deliver a feigned issue, whereby such disputed right may be tried, and shall proceed to a trial at law of such issue at the sittings after the term or at the assizes then next or next but one after such action shall have been commenced to be holden for the county within which the lands or the greater part thereof are situated, with liberty nevertheless for the court in which the same shall have been commenced, or any judge of Her Majesty's courts of law at Westminster, to extend the time for going to trial therein, or to direct the trial to be in another county, if it shall seem fit to such court or judge so to do : and every defendant in any such action shall enter an appearance thereto, and accept such issue; but in case the parties shall differ as to the form of such issue, or in case the defendant shall fail to enter such appearance or accept such issue, then the same shall be settled under the direction of the court in which the action shall be brought, or by any judge of Her Majesty's courts of law at Westminster, and the plaintiff may proceed thereon in like manner as if the defendant had appeared and accepted such issue ; and the parties in such action shall produce to each other, their respective attornies or counsel, at such time and place as any judge may order, before trial, and also to the court and jury upon the trial of any such issue, all books, deeds, papers, and writings, terriers, maps, plans, and surveys, relating to the matters in issue, in their respective custody or power ; and it shall be lawful for the judge by whom any such action shall be tried, if he shall think fit, to direct the jury to find a verdict subject to the opinion of the court upon a special case ; and the verdict which shall be given in any such action, or the judgment of the court upon the case subject to which the same may be given, shall be final and binding upon all parties thereto, unless the court wherein such action shall be brought shall set aside such verdict, and order a new trial to be had therein, which it shall be lawful for the said court to do if it shall see fit: Provided also, that in case any such decision shall involve a question of law only, and the parties in difference shall be agreed upon the facts relating thereto, and whereon such decision shall have been founded, the said commissioners or assistant

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commissioner, at the request of the person dissatisfied (such re-
quest to be made in writing within three calendar months after
such decision, and at least fourteen days previous notice in writing
of such request to be given in like manner to the other parties in
difference, or to their known agents), shall direct a case to be
stated for the opinion of such one of Her Majesty's courts of law
at Westminster as the said commissioners or assistant commis-
sioner shall think fit, which case shall be settled by them or him,
or under their or his direction, in case the parties differ about the

may be set down for argument, and be brought before
the court in like manner as other cases are brought before the

court; and the decision of such court upon every case so brought Verdict to be before it shall be binding upon all parties concerned therein: Profinal. vided always, that after such verdict given, and not set aside by

the court, or after such decision of the court, the said commis

sioners or assistant commissioner shall be bound by such verdict Costs. or decision ; and the costs of every action, or of stating such case,

and obtaining a decision thereon, shall be in the discretion of the
court in or by which the same shall be decided, which

may

order the same to be taxed by the proper officer of the court, and the like execution may be had for the same as if such costs had been

recovered upon a judgment of record of the said court. Proceedings

41. And be it enacted, That no proceedings of or before the

said commissioners or assistant commissioner, or in any action, by Death of

or in any case stated, or reference, in pursuance of this Act, shall Parties.

abate or cease by reason of the death of any person interested

therein. In Case of 42. And be it enacted, That if any person in whose favour any Death of par- such decision of the said commissioners or any assistant commis

sioner shall have been made shall die before any such action shall Actions brought, &c. have been brought or case stated, and before the expiration of the the same to be time herein-before limited for that purpose, it shall be lawful for brought and any person who might have brought such action, or have had such carried on in

case stated, against the person so dying, to bring or have the same their Names.

within the time so limited as aforesaid nominally against such
person as if living, and to serve the said commissioners or assistant
commissioner with process and notices relating thereto in the same
manner as the person deceased might have been served therewith
if living; and it shall be lawful for every person entitled to the
benefit of such decision as aforesaid, or in case of any

such

person being a minor, idiot, lunatic, feme covert, beyond the seas, or labouring under any other legal disability, the guardian, trustee, committee of the estate, husband or attorney respectively, or in default thereof such person as may be nominated for that purpose by the said commissioners, and whom they are hereby empowered to nominate under their hands and seal, to appear and defend such action or argue such case ; and proceedings shall be had therein in the like manner and the rights of all persons shall be equally bound and concluded by the event of such action or the decision of such case as if such person had been living or free from dis

ties before

ability ; and the costs of every such action or case shall be in the discretion of the court as aforesaid.

43. And be it enacted, That the said commissioners or any Power to assistant commissioner may, by summons under their or his hands examine witor hand, require the attendance of all such persons as they or he nesses, call for may think fit to examine upon any matter brought before them or

Papers, &c. him, or respecting which they or he have or hath power to act as herein-before mentioned, relating to any such commutation as aforesaid, or to any enfranchisement in pursuance of the provisions herein-after contained, and also make any inquiry and call for any answer or return as to such matter, and also administer oaths, and examine all such persons upon oath, and cause to be produced before them or him, upon oath, all deeds, documents, and writings, books, court rolls, rentals, contracts, agreements, accounts, writings, papers, maps, plans, and surveys, or copies thereof respectively, in anywise relating to any such matter : Provided always, that no such person shall be required, in obedience to any such summons,

to travel more than ten miles from the place of his abode to give evidence, or produce any deeds, papers, or writings relating to the title of any lands, unless such production shall appear to the said commissioners or assistant commissioner essentially requisite in making the inquiries to be made under this Act,

44. And be it enacted, That the said commissioners or assis- Expences of tant commissioner, in any case where they or he may see fit, may

Witnesses, &c. order such expences of witnesses, and of the production of any books, deeds, court rolls, contracts, accounts, or writings, maps, plans, and surveys, or copies thereof, and all other expences (except the salaries or allowance to any of the said commissioners or assistant commissioner provided for as aforesaid) incurred in the settlement of any suit or difference, or in the hearing or determining any objection, valuation, schedule, or apportionment before the said commissioners or assistant commissioner, to be paid by such parties interested in the production thereof respectively, or in the event of such suit, difference, or objection, and to such person or persons and in such proportions as the said commissioners or assistant commissioner may think fit and reasonable.

45. And be it enacted, That every tenant or occupier who shall Tenant paying pay any such rent-charge as aforesaid, or any expences legally Rent-charge to chargeable under this Act upon the land of which he shall be such be allowed the tenant or occupier, shall be entitled to deduct the amount from same in ac

count with his the rent payable by him to his landlord, and shall be allowed the

Landlord. same in account with his said landlord.

46. Provided always, and be it enacted, That in every case in Lands exwhich any tenant or occupier shall show to the commissioners that empted from he holds copyhold lands for a term of years of a tenant of any this Act in

Provisions of manor at a lower rent than the sum about to be imposed on the

certain cases. same for commutation or enfranchisement, or for the expences incurred under the provisions of this Act, it shall be lawful for the said commissioners to declare all agreements entered into under

thereto may

the authority of this Act null and void so far as regards such lands, and such lands shall be exempted from the provisions of this Act, unless the tenant on the court roll shall give such security, for the payment of all sums so to be charged on such lands, as shall be satisfactory to the said tenant or occupier, and to the

commissioners. Where Rent- 47. And be it enacted, That in case the said rent-charge shall charge is in

at any time be in arrear and unpaid for the space of twenty-one arrear for

days next after any half-yearly day of payment, it shall be lawful Twenty-one Days after

for the person entitled to the same, after having given or left ten half yearly

days notice in writing at the usual or last known residence of the Days of pay

tenant in possession, to distrain upon the lands liable to the payment, the per- ment thereof or any part thereof for all arrears of the said rentson entitled

charge, and to dispose of the distress when taken, and otherwise distrain. to act and demean himself in relation thereto as any landlord

may for arrears of rent reserved on a common lease for years, provided that not more than two years arrears shall at any time be recover

able by distress. When Rent- 48. And be it enacted, That in case the said rent-charge shall charge is in

be in arrear and unpaid for the space of forty days next after any arrear for

half-yearly day of payment, and there shall be no sufficient disForty Days after half

tress on the premises liable to the payment thereof, it shall be yearly Days of lawful for any judge of Her Majesty's courts of record at WestPayment, and minster, upon affidavit of the facts, to order a writ to be issued no sufficient

directed to the sheriff of the county in which the lands chargeable Distress on the Premises,

with the rent-charge are situated, requiring the said sheriff to Writ to be summon a jury to assess the arrears of rent-charge remaining unissued direct- paid, and to return the inquisition thereupon taken to some one of ing Sheriff to Her Majesty's courts of law at Westminster on a day therein to be summon Jury named, either in term time or vacation ; a copy of which writ, and Arrears.

notice of the time and place of executing the same, shall be given to the owner of the land, or left at his last known place of abode, or with his known agent, ten days previous to the execution thereof; and the sheriff is hereby required to execute such writ according to the exigency thereof; and the costs of such inquisition shall be taxed by the proper officer of the court; and thereupon the owner of the rent-charge may sue out a writ of habere facias possessionem, directed to the sheriff, commanding him to cause the owner of the rent-charge to have possession of the lands chargeable therewith until the arrears of rent-charge found to be due, and the said costs, and also the costs of such writ, and of executing the same, and of cultivating and keeping possession of the lands, shall be fully satisfied : Provided always, that not more than two years arrears, over and above the time of

such possession, shall be at any time recoverable. Account, how 49. And be it enacted, That it shall be lawful for the court out to be rendered. of which such writ shall have issued, or any judge at chambers,

to order the owner of the rent-charge who shall be in possession by virtue of such writ from time to time to render an account of the rents and produce of the lands, and of the receipts and pay

to assess

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