lieu thereof. 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 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 ycarly 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 Schedule to 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. 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 increase or diminution, the schedule of apportionment shall set forth the events on the happening of which such increase or diminution is to take place, and the amount or rate of increase or diminution respectively. charge is to be increased or diminished. 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 be) respectively shall not have been made, and sent to the office not made 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 sioners may mine Disputes; 39. And be it enacted, That if any action or suit shall be depending touching the right to or amount of any fines or other hear and deter- 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 Westminster: Provided always, that if any such decision shall Proviso as 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 any such decision of the said commissioners or assistant commis- Decision may appeal by Issue sioner, may, if the yearly value of the payment to be made or at Law or on 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 E commissioner, at the request of the person dissatisfied (such request 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 commissioner 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 same, and 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: Provided always, that after such verdict given, and not set aside by the court, or after such decision of the court, the said commissioners or assistant commissioner shall be bound by such verdict 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. final. Costs. Proceedings not to abate by Death of Parties. In Case of ties before Actions brought, &c. the same to be brought and carried on in their Names. 41. And be it enacted, That no proceedings of or before the said commissioners or assistant commissioner, or in any action, or in any case stated, or reference, in pursuance of this Act, shall abate or cease by reason of the death of any person interested therein. 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 commissioner shall have been made shall die before any such action shall have been brought or case stated, and before the expiration of the time herein-before limited for that purpose, it shall be lawful for any person who might have brought such action, or have had such case stated, against the person so dying, to bring or have the same 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 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 acthe rent payable by him to his landlord, and shall be allowed the Landlord. same in account with his said landlord. count with his Provisions of 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 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 |