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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.
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.
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
Commutation norial right proposed as the subject of commutation, which shall
not to be have become due or have accrued on or before the first day of affected. 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
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 Proviso. 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 ad
mission to lands copyhold of the manor. Power of
53. And be it enacted, That the lord of any manor shall, in Lords of addition to other his remedies for enforcing admittances, and for Manors to recovery of the fine thereon now possessed in respect of fines recover Com- arbitrary, be entitled to adopt and take in all cases of commutamutation
tion 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 11 G. 4, &
William the Fourth, intituled An Act for the consolidating and i W.4, c. 65. amending the Law relating to Properly belonging to Infants, Femes
Coverts, Idiots, Lunatics, and Persons of unsound Mind. Power to effect 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
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.
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 and Fines. 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.
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,
Tenants to whatever
effect volunmay 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
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 enfranchisemert 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.
57. And be it enacted, That if such agreement for enfranchise- For effecting ment shall not be entered into by all the tenants of the manor, or such Enfrantheir number shall be less than twelve, or, whatever may be their
Agreement number, if the parties shall think fit, an enfranchisement may not entered effected, with the consent of the said commissioners, by such con- into by all veyance, deed, or assurance as would or might be adopted for the Tenants, effecting such enfranchisement if the lord were seised of the or their Num
ber be less manor for an absolute estate of inheritance in fee simple in
than 12. possession. 58. And be it enacted, That in every case in which any
such Commissionagreement for enfranchisement shall be so entered into, and shall ers before be proposed to be carried into effect by a schedule of apportion- giving their ment, the said commissioners, before they shall signify their consent to saconsent thereto, shall, upon the written request of any three or selves of the more tenants, parties to the agreement, but not otherwise, satisfy Title to the themselves, in such way and by such evidence as they shall see fit, Manor ; and of the title of the lord to the manor ; and the expences of inves- the Expences
of the Investitigating the title to the manor, and the other expences attending
gation as well every such agreement, whether carried into effect by a schedule of as the general apportionment or otherwise, and the confirmation thereof and the Expences, to schedule of apportionment (if any), shall be borne by the lord and be borne by
the parties as tenants, parties to such agreement, in such proportions as they
may be agreed may agree, or in default of agreement as the said commissioners
upon, and in may direct : Provided always, that the expences payable by lords default as the of manors having particular interests or being trustees shall, with Commission
ers shall any other expences they may reasonably incur in or about any
direct. such agreement (the amount of such last-mentioned expences being subject to the approval of the said commissioners), be paid out of the first monies to be received out of the enfranchisements to be effected under this Act: Provided always, that if the lord shall refuse to afford such information as may enable the commissioners to be satisfied of his title, or if the commissioners shall for any other reason not be satisfied of such title, the said agreement so entered into shall be null and void.
59. And be it enacted, That in all cases in which the lord for Payment, &c. the time being shall be only entitled to the manor for a limited of Purchase estate or interest therein, or shall be under any legal disability, the Lord's
Money where the sum or sums of money to be paid for enfranchisement shall be Interest is a paid and applied in manner herein-after provided for.
partial one, &c. 60. And be it enacted, That whenever any such agreement as Tenants may aforesaid which shall be proposed to be carried into effect by a defer, in cerschedule of apportionment it shall have been stipulated that any
tain Cases, the tenant shall be at liberty to defer the payment of a portion of the portion of the
payment of a sum charged in respect of his lands or any portion thereof, and Consideration such tenant shall give notice under his hand to the steward or for Enfranlord, as herein-before directed with respect to notices in cases of chisement
until the next commutation, of his desire to defer payment accordingly, at any Event at reasonable time after the execution of any such agreement for which a fine enfranchisement, and before the delivery of the schedule to the would be commissioners, it shall be lawful for the said commissioners in payable.