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Penalty on
Tenant for
Default.

Valuers to take

cumstances of

consideration.

such mis-statement of age, unless the said commissioners shall see cause otherwise to direct; and any tenant falsely stating his or her age shall forfeit and pay such sum, not exceeding the sum 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 apportionment 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 commissioners 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.

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 intrusted 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 circumstances relating to the land which shall be included in such commutation, 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 respective 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,

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, and a Meeting steward for the time being of the manor, or if there shall be no 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

Expences of Proceedings under the Act.

ments, or schedules, with all notices received, as herein-after provided,) shall at such meeting or meetings hear and determine any objection which may then and there be made against the said valuations, apportionments, or schedules respectively, or any part thereof, or adjourn the further hearing thereof, if they or he shall think proper, to a future time, and may, if they or he shall see occasion, direct any further valuations, apportionments, or schedules, inquiries or statements, to be made, and from time to time fix further meetings for the hearing and determining objections, of which further meetings, when not holden by adjournment, notice shall be given in manner herein-before directed with regard to the original meeting: Provided that, unless upon cause shown to the satisfaction of the said commissioners, no person shall be entitled to make any objection to any such valuations, apportionments, or schedules, who, being the lord of the said manor, shall not have left notice in writing of such intended objection at the office of the said commissioners ten days before the time fixed for any such meeting, exclusive of the day of leaving such notice, but inclusive of the day of meeting, or who, being any person other than the lord of the said manor, shall not have left notice in writing of such intended objection with or for the steward or lord of the said manor with whom such copies shall be deposited, at the place of deposit thereof, ten days before the time fixed for any such meeting, exclusive of the day of leaving such notice, but inclusive of the day of meeting, forms of which notices shall be forwarded by the said commissioners to the said steward or lord or other person, and shall be by him delivered to any interested party requiring the same; and which last-mentioned notices the said steward or lord or other person shall, immediately on receipt thereof, annex to such copies or one of them, and shall note such objection on the copy to which the same relates, and allow the inspection of the said notices, in like manner and under the like penalty as aforesaid; and any default in any of the several matters and things herein-before required shall also subject such steward or lord or other person to the like penalty; and when the said commissioners or assistant commissioner shall have heard and determined all such objections they and he are and is hereby required to cause such valuations, apportionments, or schedules to be amended as occasion shall require, and also from time to time, whether at such meeting or not, to amend the steward's schedule, so as to show all deaths and alterations in ages of the tenants or otherwise taking place after making out the same, and before the apportionment herein-after provided for, on being satisfied by the affidavit or declaration, as the case may be, of the steward, sworn or taken before a master extraordinary in chancery, or by such other proof as they or he may deem sufficient, that such amendments and alterations are required.

30. And be it enacted, That the expences of the proceedings for effecting any commutation under this Act shall (except in 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 be valuations, apportionments, or schedules so settled the said com- made by the Commismissioners 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 com

the Clerk of

the Peace.

Notice to
Parties.

Commission

ers may correct errors with consent.

Lands to be discharged from Rents, Fines, and Heriots now

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 every 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 otherwise as the said commissioners may from time to time direct.

34. And be it enacted, That the said commissioners, if they 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.

35. And be it enacted, That it shall be lawful for the said commissioners to correct or supply any manifest error or omission in 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.

36. And be it enacted, That from the first day of January next following the confirmation of every such apportionment the lands of the said manor shall be absolutely discharged from the payment 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

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