Where Rentcharge is in arrear for Twenty-one Days after half yearly Days of payment, the per son entitled thereto may distrain. When Rent- yearly Days of issued direct- to assess Arrears. Account, how to be rendered. 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. 47. And be it enacted, That in case the said rent-charge shall at any time be in arrear and unpaid for the space of twenty-one days next after any half-yearly day of payment, it shall be lawful for the person entitled to the same, after having given or left ten days notice in writing at the usual or last known residence of the tenant in possession, to distrain upon the lands liable to the payment thereof or any part thereof for all arrears of the said rentcharge, and to dispose of the distress when taken, and otherwise 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 recoverable by distress. 48. And be it enacted, That in case the said rent-charge shall be in arrear and unpaid for the space of forty days next after any half-yearly day of payment, and there shall be no sufficient distress on the premises liable to the payment thereof, it shall be lawful for any judge of Her Majesty's courts of record at Westminster, upon affidavit of the facts, to order a writ to be issued directed to the sheriff of the county in which the lands chargeable with the rent-charge are situated, requiring the said sheriff to summon a jury to assess the arrears of rent-charge remaining unpaid, and to return the inquisition thereupon taken to some one of Her Majesty's courts of law at Westminster on a day therein to be named, either in term time or vacation; a copy of which writ, and 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. 49. And be it enacted, That it shall be lawful for the court out 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 ments in respect of the same, and to pay over the surplus (if any) to the person for the time being entitled thereunto, after satisfaction of such arrears of rent-charge and all costs and expences as aforesaid, and thereupon a writ of supersedeas to issue to the said writ of habere facias possessionem, and also by rule of order of such court or judge from time to time to give such summary relief to the parties as to the court or judge shall seem fit. tend to Rent 50. And be it enacted, That the several provisions of an Act Powers of passed in the fifth year of the reign of His late Majesty King 4 & 5 W. 4, William the Fourth, intituled An Act to amend an Act of the C. 22, to exEleventh Year of King George the Second, respecting the Appor- charges under tionment of Rents, Annuities, and other periodical Payments, shall this Act. extend to all rent-charges payable under this Act. ma before the not to be 51. And be it enacted, That nothing in this Act contained shall Rents, &c. due affect any right to any rents, fines, or heriots, or any other norial right proposed as the subject of commutation, which shall have become due or have accrued on or before the first day of January next following the confirmation of the apportionment. 52. And be it enacted, That it shall be lawful for the lord of Power to effect any manor, and any one or more tenant or tenants of such manor, a voluntary (whatever may be their respective interests,) to enter into an Commutation. agreement, with the consent of the commissioners, for the commutation of the lord's rights to rents, fines, and heriots, or of any such rights respectively, and any other of the lord's rights affecting the land which shall be included in such agreement; and such agreement may include any apportionment of the rent-charge or other consideration for the commutation, and of the costs and expences of and attending the same, and may fix a scale of fees to be payable to the steward from and after the confirmation of the agreement, 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 behaviour; and every such commutation may be made in consideration of a rent-charge to commence and (where it shall exceed the sum of twenty shillings) to be variable as aforesaid, and of a fine certain (not exceeding in any case the sum of five shillings) upon death or alienation, or may be made in consideration of the payment of a fine on death or alienation; and every such rent-charge, or, where the commutation shall be a fine on death or alienation, every such fine may be made subject to a certain increase or diminution, to be stated in the agreement, or to be afterwards fixed by valuers, (as the case may be,) in any event which may be provided for by the agreement; and whenever so many as twelve persons, being tenants, or all the tenants of any manor, shall at the same time agree with the lord for any such commutation, and the agreement shall not include apportionment, it shall be lawful to effect such commutation by a schedule to be Proviso. Power of Manors to mutation Fines. prepared by the steward, and delivered by him to the said commissioners, and to be confirmed and sealed by such commissioners under this Act; and all the provisions herein-before contained for carrying into effect a commutation apportionment made by valuers, and for the deposit of copies thereof, shall be applicable to the case of a commutation agreed upon between the lord and such number of his tenants as aforesaid, save that the said commissioners shall not make any alterations or amendments in such schedule, or the terms of such commutation, without the consent of the parties interested therein: Provided always, that whenever the estate of any party to such commutation shall be less than an estate of fee simple in possession, or corresponding copyhold or customary estate, notice in writing shall be given by or on behalf of such party to the person entitled to the next estate of inheritance in remainder or reversion in the manor or land to be affected by such commutation, so that the assent or dissent or acquiescence of such person entitled in remainder or reversion may be stated in writing to the said commissioners when such a schedule of apportionment as aforesaid shall be sent to them, but the said commissioners shall notwithstanding cause such further notices to be given and such other inquiries to be made as they shall deem fit before confirming such apportionment; and in all cases, if the parties shall think fit, a commutation may be effected, with the consent of the said commissioners, by such conveyance, deed, or assurance as would or might be adopted for carrying into effect such commutation if the lord were seised of the manor for an absolute estate of inheritance in fee simple in possession, or by any agreement to be enrolled or entered on the court rolls of the manor, a copy thereof delivered to the tenant, as in cases of admission to lands copyhold of the manor. 53. And be it enacted, That the lord of any manor shall, in addition to other his remedies for enforcing admittances, and for recovery of the fine thereon now possessed in respect of fines recover Com- arbitrary, be entitled to adopt and take in all cases of commutation fines, and the admittance of any person whomsoever to lands held subject thereto, the like proceedings as are authorized in the admittance of infants, femes coverts, and lunatics, and recovery of fines in such admittances, in and by an Act passed in the session of the eleventh year of the reign of His late Majesty King George the Fourth and the first year of the reign of his late Majesty King William the Fourth, intituled An Act for the consolidating and 1 W. 4, c. 65. amending the Law relating to Property belonging to Infants, Femes Coverts, Idiots, Lunatics, and Persons of unsound Mind. 54. And be it enacted, That from and after any commutation supplemental to be effected under this Act which shall not comprise all the maor substituted norial rights under which the lands the subject thereof shall be Commutation. held, it shall and may be lawful for the lord and tenants for the 11 G. 4, & Power to effect time being, and in like manner as aforesaid, from time to time to commute any rights not previously commuted, and either in consideration of a rent-charge and fines limited as aforesaid, or of fines payable on death or alienation, and whether the original commutation was in the one mode or the other; also to provide that such additional payments shall, if of the same class, be added to and increase the payments under the original commutation or be made separately payable; also that it shall be lawful in like manner, and at any time after any such commutation or supplemental commutation, to substitute a commutation at a rent-charge and fines limited in amount as aforesaid for a commutation under this Act at fines payable on death or alienation. and Fines. 55. And be it enacted, That after any commutation apportion- Apportionment shall have been effected under this Act, any apportionment ment of Rent of the commutation rents or fines, whether on the subdivision of the lands subject thereto, or whenever otherwise required, shall and may be effected by an entry of apportionment on the court rolls in like manner and with the like consent as is now used and adopted in apportionment of quit rents; and which entry the steward for the time being is hereby directed to make, whenever required and authorized so to do, by a warrant or authority in writing under the hands of the lord and tenant for the time being, stating the terms of apportionment, and requiring the entry of apportionment on the court rolls. Tenants to effect volun 56. And be it enacted, That for the purpose of enabling lords Power to and tenants of manors to effect either general or partial enfran- Lords and chisements, it shall be lawful for the lord of any manor, whatever may be his estate or interest therein, with the consent of the said tary Enfrancommissioners under this Act, at any time or times after the chisements. passing of this Act, to enfranchise all or any of the lands holden of his manor, in consideration of such sum or sums of money, whether payable forthwith or at a future time, as shall be agreed to be paid by the tenant or tenants whose lands are to be enfranchised; and it shall be lawful for any tenant, whatever may be his estate or interest, with the like consent of the said commissioners under this Act, to accept such enfranchisement on the terms so agreed on; and whenever so many as twelve persons being tenants, or all the tenants of any manor, shall at the same time agree with the lord for the enfranchisement of their lands, then it shall be lawful to effect such enfranchisement by a schedule of apportionment which shall have been specifically agreed upon between the lord and tenants, and where none such shall have been agreed upon, then by a schedule of apportionment to be prepared by the steward and delivered by him to the said commissioners, such schedule to be in either case afterwards confirmed and sealed by such commissioners; and such schedule shall state the sums to be paid for enfranchisement by the several tenants, or charged on their respective lands, and the periods of the payment of the principal money respectively, or the commencement of interest, either pursuant to some apportionment to be made by valuers to be appointed by the lord and tenants, parties to the agreement, or as shall seem just to the said commissioners, having regard to all the circumstances of the case; and where any com Proviso. pensation shall have been agreed to be paid to the steward or other officers of the manor for the loss he or they may sustain by such enfranchisement, which compensation shall in all cases be provided for where a steward shall hold his office by patent or other instrument for the term of his life or during good behaviour, or where, in the absence of such patent or other instrument, 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 life or good behaviour, the schedule shall contain an apportionment of the sum agreed to be paid; and every such schedule shall contain all such other matters as shall be requisite for carrying into effect the provisions of this Act; and all the provisions herein-before contained for carrying into execution a commutation apportionment made by valuers shall, so far as the same are capable of application, be deemed and taken to be applicable to the case of an enfranchisement under the provisions herein contained, save that the said commissioners shall not make any alterations or amendment in such schedule without the consent of the parties interested therein: Provided always, that whenever the estate of any party to such enfranchisement shall be less than an estate of fee simple in possession, or corresponding copyhold or customary estate, notice in writing shall be given by or on behalf of such party to the person entitled to the next estate of inheritance in remainder or reversion in the manor or land to be affected by such enfranchisement, so that the assent or dissent or acquiescence of such person entitled in remainder or reversion may be stated in writing to the said commissioners, when such a schedule of apportionment as aforesaid, or when such conveyance, deed, or assurance as herein-after mentioned, shall be sent to them, but the said commissioners shall notwithstanding cause such further notices to be given and such other inquiries to be made as they shall deem fit before confirming such apportionment, or consenting to such conveyance, deed, or assurance: Provided also, that in case the person so next entitled in remainder or reversion as aforesaid shall be a minor, idiot, lunatic, feme covert, or under any other legal disability, or shall be beyond the seas, such notice as aforesaid shall be given to the guardian, trustees, committee of the estate, husband, or attorney of such person respectively, or in default thereof, or in case the person so entitled shall be unknown or not ascertained, then such notice shall be given to some person, to be nominated for that purpose by some writing under the hands and seal of the said commissioners, after due inquiry shall have been made by them as to the fitness of such person to judge of the propriety of assenting to or dissenting from any such agreement; and that in every case in which dissent in writing shall have been expressed, the commissioners shall withhold their confirmation of the apportionment, or their consent to the conveyance, deed, or assurance herein-after mentioned, until upon further inquiry they shall be satisfied that the agreement is not fairly open to objection. |