Propor.. tional In

terest how to be computed for

shall elect a Chairman (the Vote of the Lord being reckoned as equal to One Third of the whole Number of Votes, and the Votes of the Tenants being reckoned individually), who shall forthwith proceed to ascertain the Number and Interest of the Lord and Tenants then present in Person or by their Agents; and in case it shall thereupon appear that the Persons present at such Meeting are not sufficient in Number and Interest, or a sufficient Portion are not willing to make and execute such an Agreement as shall be binding on all Persons interested therein, it shall be lawful, notwithstanding, for any Number of the Persons present to make and execute a provisional Agreement of the like Form and Tenor; and every such provisional Agreement which shall be executed within Six Calendar Months from the Day of such Meeting by such Persons as would have been sufficient in Number and Interest to make a binding Agreement at such Meeting shall be as binding as if the same had been sufficiently executed at such Meeting.

17. And be it enacted, That the proportional Interest of the Tenants, so far as relates to their Power to make such Agreement or provisional Agreement, or to appoint Purpose of Valuers, or to give any Notice to the said Commissioners or Assistant Commissioners, as herein-after provided, shall be computed in manner herein-after mentioned; that is to say, the Interest of every Tenant liable to Fines arbitrary or uncertain in Amount

Voting.

shall be estimated according to the proportional Sum at which their Lands shall be rated to the Relief of the Poor in the Parish or Place wherein the same are situated, and if any Lands shall not be distinctly rated, then in respect of such Lands according to the Rules by which Property of the same Kind is in the said Parish rated to the Relief of the Poor; and when such rating cannot be ascertained, then the Interest in respect thereof shall be estimated at such Proportion, not exceeding Two Thirds of the last Fine arbitrary paid on Admission to the said Lands, as the Chairman at the said Meeting shall consider nearest in Amount to the yearly Value of the same Lands; the Interest of Tenants liable to Fines certain shall be estimated according to such Rule as shall be specially made for the Occasion by the said Commissioners on the Application of the Lord or Tenants by whom the Meeting shall have been called, or, for Want of such Rule, as if the annual Value of their respective Lands were One Half of the Amount of such Fine certain; the Interest of Tenants liable to Heriots in Kind shall in respect of such Liability be estimated according to such Rate as shall be specially made for the Occasion by the said Commissioners on such Application as aforesaid, or for Want of such Rule at One Fifth of the annual Value of their respective Lands, as nearly as the same can be estimated by the Chairman at any such Meeting; and the Interest of no Person shall be computed in respect of a

C

Meetings

may be ad

journed, Notice being given.

Copyhold Estate who has not been admitted Tenant thereof according to the Custom of the Manor, or who has made an absolute Surrender of all his Estate and Interest therein; and it shall be lawful for the said Commissioners to make special Rules respecting the Computation of the Interests of Tenants liable to Fines certain, Heriots, Rights in Timber, and other Manorial Rights (if any) which may be the Subjects of any proposed Commutation, on the Application or with the Consent of a Majority of the Parties interested, and previous to the Execution of any Agreement, and such Rules shall have the same Force as if made by this Act.

18. And be it enacted, That in case an Adjournment of the said Meeting shall for any Cause be desired by a Majority in Number of the Persons attending such Meeting in Person or by Attorney as aforesaid, the Chairman shall adjourn the Meeting to any Time and Place then by him to be declared, and so from Time to Time in case the same shall be in like Manner desired by a Majority in Number of the Persons attending such Meeting as aforesaid; and Notice of every such adjourned Meeting shall be given under the Hand of the Chairman, and shall be affixed in a conspicuous Place on the Outside of the Building in which such Meeting, or the last Adjournment thereof, shall have been holden, and shall be once advertised in a Newspaper as aforesaid; and the like Order of Proceeding shall be

6

observed at every such adjourned Meeting; and every thing done at any such adjourned Meeting shall be as valid as if done at the original Meeting.

Agreement

to be in the Form

which Com

19. And be it enacted, That every such Agreement shall bear Date on the Day on which the first Signature is attached thereto, or to the Memorandum or Minute thereof, missioners and shall be in such Form as the Commissioners shall from Time to Time direct, or to the like Effect.

shall direct.

frame and

Forms, &c.

20. And be it enacted, That the said CommisCommissioners shall frame and cause to be sioners to printed, so soon as conveniently may be circulate after their Appointment or beginning to act, Forms of Notices and Agreements, and such other Instruments as in their Judgment will further the Purposes of this Act, and supply all or any of such Forms to any Person or Persons requiring the same, or to whom the said Commissioners shall think fit to send the same, for the Use of any Lord or Copyholder or other Tenant desirous of putting this Act into execution.

as to Rights

to Arbi

21. And be it enacted, That if any Suits and Action or Suit shall be pending touching Differences the Right to or Amount of any Fines, or BoundHeriots, or other Manorial Rights, or touch- aries may ing the Situation or Boundary of any Manor be referred or Lands, or if any Difference shall arise tration. whereby the making and executing of any such Agreement, or of any Enfranchisement under this Act, shall be hindered, it shall be lawful for the Lord and Tenants or Claimants, being Parties to such Action,

Suit, or Difference, to submit the same to Reference by any Writing under their respective Hands, containing an Agreement that such Submission shall be made a Rule of any of Her Majesty's Courts of Law, upon such Terms of Reference as the said Parties may agree upon; and the Decision of the Arbitrator or Arbitrators named in the said Reference shall be final and conclusive on all Persons; and when such Arbitrator or Arbitrators shall be appointed for the Purpose of determining any unknown or disputed Boundary of any Manor or Lands, he or they shall and may have and exercise all the Powers which may be exercised by any Referee appointed-under and by virtue of the Provisions of an Act passed in the Third Year of the Reign of His late Majesty King William the Fourth, intituled 2 & 3 W. 4. An Act to authorize the identifying of Lands and other Possessions of certain Ecclesiastical and Collegiate Corporations: Provided nevertheless, that no Person, being Owner of an Estate in a Manor or Lands less in the whole than an immediate Estate of Fee Simple or Fee Tail, or corresponding Copyhold Estate, shall be empowered to submit to any such Reference, so as to bind any Person in Reversion, Remainder, or Expectancy, without the Consent of the said Commissioners; and that it shall be lawful for the said Commissioners, if they shall think fit so to do, but not otherwise necessary, to direct that any Person in Reversion, Remainder, or Expectancy whom they shall

c. 80.