'Verdict to be final.

Costs.

Proceed

abate by Death of Parties.

ment, 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 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.

41. And be it enacted, That no Proings not to ceedings 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.

In Case of Death of Parties before Actions brought, &c. the same to be brought and carried on in their

Names.

42. And be it enacted, That if any Person in whose Favour any 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 Disability; and the Costs of every such Action or Case shall be in the Discretion of the Court as aforesaid.

examine

43. And be it enacted, That the said Power to Commissioners or any Assistant Commis- Witnesses, sioner may, by Summons under their or his call for Hands or Hand, require the Attendance of Papers, &c.

Expences of Wit

nesses, &c.

all such Persons as they or he may think fit to examine upon any Matter brought before them or 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 Persons 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 Assistant Commissioner, in any Case where they or he may see fit, may 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.

Rent

be allowed

45. And be it enacted, That every Tenant Tenant or Occupier who shall pay any such paying Rent-charge as aforesaid, or any Expences charge to legally chargeable under this Act upon the Land which he shall be such Tenant or Occupier, shall be entitled to deduct the Amount from the Rent payable by him to his Landlord, and shall be allowed the same in account with his said Landlord.

the same in account

with his

Landlord.

46. Provided always, and be it enacted, Lands ex

any

Tenant or

empted from Pro

certain

Cases.

That in every Case in which Occupier shall show to the Commissioners visions of that he holds Copyhold Lands for a Term this Act in of Years of a Tenant of any Manor at a lower Rent than the Sum about to be imposed on the 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 the Authority of this Act null and void so

E

When Rentcharge is in arrear

for Twenty one Days yearly Days of Payment, the

after half

Person en

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 titled there- Tenant in Possession, to distrain upon the Lands liable to the Payment thereof or any Part thereof for all Arrears of the said Rent-charge, 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.

to may

distrain.

When

Rentcharge is in arrear

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 Payment, shall be lawful for any Judge of Her Majesty's Courts of Record at Westminster, upon

for FortyDays after half-yearly Days of

and no

sufficient