Commissioners. Seal. Report proceedings. Assistant commission ANALYSIS OF THE ACT. Clause 1 enacts, that, "The Tithe Commissioners for England and Wales" for the time being shall be the commissioners for carrying this Act into exe cution. 2 enacts, that the commissioners be styled "the Copyhold Commissioners," and shall have a common seal, and that all instruments sealed therewith shall be received in evidence, &c. 3. The commissioners to report their proceedings from time to time to the Secretary of State, and a general report thereof to be annually laid before Parliament. 4 empowers the commissioners to appoint and remove assistant-commissioners, secretaries, clerks, ers and others. &c., with a proviso that the said commissioners shall not appoint more than ten such assistant-commissioners to act at any one time, unless with the consent of the Lord High Treasurer, &c. proviso as to the number of clerks, &c.) Limited to (Similar 5 disqualifies the commissioners and assistantcommissioners from sitting in the House of Com mons. 6 limits the operation of the Act as to the apfive years as to pointment of commissioners, assistant-commisappointments. sioners, &c., to five years after the passing of the Salaries. Act. 7 enacts, that the salaries of the commissioners, assistant-commissioners, &c., shall be from time to time regulated by the Lord High Treasurer, or by the Commissioners of Her Majesty's Treasury, &c., with a proviso that they shall not exceed the sums therein mentioned. (The salaries of commissioners, &c., to be inclusive of those to which they may be entitled under the Act 6 and 7 William IV. (the Tithe Commutation Act). 8. The above salaries and expenses to be paid out of the consolidated fund of Great Britain and Ireland. 9 sets forth the form of declaration to be made Form of by the commissioners, &c., before entering upon declaration. the duties of their office. 10. The commissioners may delegate such of their powers to the assistant-commissioners as they shall think fit (with certain exceptions). guar nants under disabilities. 11 enacts, that in the case of lords or tenants of Lords or temanors being under legal disabilities, &c., the dian, trustees, or attorney (or such person as shall be nominated for the purpose by the commissioners, &c.) shall be substituted in the place of such lords or tenants, with a proviso that if the latter shall be trustees for charities, the annual value of whose estates shall exceed 50l., such trustees shall not sign any agreement or power of attorney, &c., without an order of the Court of Chancery, to be applied for on petition, &c. 12 empowers any lord or tenant of a manor, by Appointment a power of attorney given in writing under his of agents. hand, to appoint an agent to act for him in carry ing into execution the provisions of this Act, &c. 13 empowers any lords of any manor whose in- General terest shall not be less than one-fourth of the whole commutation. annual value of such manor, or any tenant or tenants of any manor to the number of ten, or when there shall not be so many tenants as ten, then onehalf of the tenants of such manor to call a meeting of the lords and tenants of such manor, for the purpose of making an agreement for the general commutation of the rents, fines, and heriots thereafter to become dne in respect of lands holden of such manor, &c., which shall bind all, &c. (such meeting to be twice advertised, and twenty-one days' notice of it to be given.) 14 enacts the terms on which such agreement Terms of may be made. 15. Such agreement for a commutation of the rights of the lord as aforesaid may also be for the payment of a fine on death or alienation, or at any fixed period or periods to be agreed upon by the agreement. Provisional agreement. Proportional interests. Adjourned meetings. Form of agreement. Commission parties, every such fine to be fixed by the agreement, or to be subject to increase or diminution to such an amount per centum as shall be expressed in such agreement, &c. 16. In case it shall appear at any such meeting as aforesaid that the persons present are not sufficient in number and in interest, &c., it shall be lawful, notwithstanding, for any number of the persons present to execute a provisional agreement, 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, &c. 17 directs how proportional interest is to be computed for the purpose of voting, &c. 18. Any such meeting may be adjourned, if necessary, from time to time, &c., due notice of every such adjourned meeting being given by the chairman. 19. Every such agreement shall be in such form as the commissioners shall from time to time direct, &c. 20. Commissioners to frame and circulate forms ers to circulate of notices and agreements and such other instruments as, in their opinion, will further the purposes of this Act, &c. forms. Suits and differences. Ecclesiastical and corporate manors. 21. Suits and differences as to rights or boundaries may be referred to arbitration, the decision of the arbitrators to be final and conclusive on all persons, &c. 22. In every case in which any manor or lands shall be held under any archbishop, bishop, dean, &c., and in every case in which any such person, ecclesiastical or other corporation, or body politic, shall be interested in any manor, &c., to the extent of one-third of the value thereof, &c., every agreement to be executed under this Act must receive the consent of such person, ecclesiastical or other corporation, or body politic, &c.; such consent to be annexed to the agreement for commutation, and taken as part thereof. 23. Every such agreement shall be confirmed Agreement to by the commissioners, if satisfactory, &c., to the be confirmed latter, &c., with a proviso for deferring payment of by commisrent-charge under certain circumstances. sioners. 24. At the meeting for commutation, valuers Valuers. shall be appointed for the purpose of making such valuations, &c., as shall be required for carrying the said agreement into execution, &c. 25. The said valuers shall apply to the commissioners for instructions, and shall, upon receipt thereof, proceed to make such valuations as the latter shall require. 26 empowers the said valuers to enter on lands, &c., with a proviso that they must first make a declaration before the commissioners, similar to that made by the said commissioners themselves. 27 enacts, that the stewards of manors shall be Stewards to required to furnish necessary information, schedules, furnish infor&c., to the said valuers, for which remuneration mation. shall be made to the said stewards. 28. The valuers are to take the particular circumstances of each case into consideration. 29 enacts, that the schedules of the valuation shall be deposited with the steward of the manor for inspection, and that a meeting shall be appointed for hearing objections, &c. 30 directs, that the expenses of the proceedings Expenses for effecting any commutation under this Act shall how payable. be payable, in cases where the valuers shall be appointed by the tenants, by the tenants included in the commutation, in rateable proportion to the sum charged on their land respectively under this Act; but where the valuers shall be appointed by the lord and tenants, 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 two-thirds, &c. Schedule describing lands, &c. Copy of schedule to be deposited with steward. Notice to be given to remaindermen, &c. Errors how corrected. Rent-charge to become payable. If valuers not appointed within six months. Disputes. 31 enacts, that a schedule shall be made by the commissioners of the names and descriptions, and of the quantities of the several lands to be comprised in the apportionment, &c. 32 directs, that a copy of the schedule of apportionment shall be deposited with the steward or lord for inspection, within the manor, by any parties interested, &c., and that at the expiration of the period allowed for such inspection the copy shall be returned to the commissioners, with a statement of errors (if any). 33 enacts, that two copies of every confirmed instrument or schedule of apportionment shall be made, one to be delivered to the steward of the manor, and the other to the clerk of the peace, &c. 34 empowers the commissioners, before confirming any agreement, &c., to require notice thereof to be given to the person next in remainder, reversion, or expectancy, &c. 35 empowers the commissioners to correct errors in any agreement, with the consent of all the parties affected by such error, but not otherwise. 36. From the 1st of January next after the confirmation of every such apportionment the lands of the said manor shall be absolutely discharged from all the lord's rents, fines, and heriots now payable (except in the case of a commutation for a rentcharge), and that, instead thereof, there shall be payable thenceforth to the person mentioned in the said apportionment a rent-charge and fixed fine, &c. 37 provides that the schedule of apportionment shall specify in what events any rent-charge is to be increased or diminished, &c. 38. If valuers be not appointed within six months after the confirmation of any agreement, or if their valuations shall not have been made, the commissioners may appoint other valuers, &c. 39 empowers the commissioners to hear and determine disputes touching the right to, or amount of, any fines or other manorial payments, &c. 40. Parties interested, who shall be dissatisfied |