Page images
PDF
EPUB

Notice of

and meet

to steward's

commissioners shall from time to time require relative to the said manor, and which schedule and information the said lord and steward respectively are required to furnish, and from time to time give, in like manner and with and under the like powers and provisoes and penalties as are herein before enacted with respect to voluntary enfranchisement; and a duplicate of such schedule and of such information, or so much thereof as the said commissioners shall direct, shall be kept by the said steward or lord within the said manor, or a parish wherein part of the lands copyhold thereof are situate, for inspection by all interested parties, for such periods as the said commissioners shall from time to time direct, and in default of such direction during the whole period which shall intervene between the sending such schedule and information to the commissioners, and the first meeting to be held as hereinafter mentioned; and the commissioners shall furnish such steward or lord with forms of notice of objection to such schedule, and which shall be delivered by such steward or lord to all interested parties upon request.

Clause 40 enacted, That forthwith after receipt inspection of such schedule and information, the commissioners ing to hear shall cause notice to be given, in such manner as objection they may deem expedient, of the said duplicate reschedule, maining in the hands of the said steward or lord for and to the inspection of any person interested; and shall appoint also in such notice appoint some convenient place and such time or times as they shall think necessary (the first not earlier than twenty-one days from the first giving of such notice) for holding a meeting to hear objections to the said schedule by any person interested, and who shall give five days previous

valuers.

notice in writing to the said steward of the ground of such objection, and to appoint valuers as after mentioned; and the said commissioners or some assistant commissioner shall at such meeting hear and determine any objections which may be then and there so made, or adjourn the further hearing thereof, if they or he should think proper, to a future meeting; and at such meeting or adjourned or subsequent meeting (such subsequent meeting to be called in like manner, or otherwise as herein before provided in the case of voluntary enfranchisements) such objections shall be heard and determined, and such amendments made in the said schedule as shall be necessary by reason of such objections, or the deaths of tenants, or other alterations, during the progress of such inquiries or meetings; and the amount of compensation to be paid to the steward shall also be determined at such meeting or meetings by the said commissioners or assistant commissioner; and valuers shall be appointed as is hereinbefore provided on voluntary agreements, in cases where one half the number of such valuers are to be appointed by the lords, and the other half by the tenants; and which valuers respectively, and their respective umpires (to be appointed in like manner as herein before is provided with respect to voluntary agreements) shall make the like declaration, and act in like manner, and with the like powers, and under the like provisoes as if their appointments respectively had taken place under a voluntary agreement for enfranchisement, as herein before mentioned and provided.

Clause 41. And be it enacted, That if upon the In all cases

under the Act, if

valuers not

in six

months, or

not made

in that pe

expiration of six calendar months after the day of the first meeting for appointment of valuers in the appointed cases lastly hereinbefore provided, or if within the like period from the confirmation of any voluntary valuation agreement to be made as hereinbefore mentioned, no valuers shall have been appointed, or their valuariod, com- tion, apportionments or schedules (as the case may missioners be) respectively shall not have been made and sent to the office of the commissioners, it shall be lawful for the commissioners from time to time to 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 expenses shall be payable in like manner as is herein before provided with respect to valuers to be appointed and acting under any voluntary agreement for enfranchisement.

may ap

point.

Schedules of valua

tion to be

and meet

tions.

Clause 42. And be it enacted, That as soon as the said valuers shall have made such valuation and inspected, schedules, and the same shall have been sent to the commissioners, they shall cause a copy thereof reing held to hear objec- spectively to be deposited in the hands of the steward or lord, or other person, as hereinbefore provided with respect to the case of voluntary enfranchisement, for the inspection of all tenants and parties interested, and which inspection shall be allowed as fully, and in like manner and subject to the like provisoes and penalties as are herein before enacted with respect to voluntary enfranchisement; and the commissioners shall in like manner cause notice to be given of, and hold, such meeting or meetings for hearing and determining objections to such schedules respectively, and shall proceed thereon, and to amend the same, as is hereinbefore provided with re

spect to voluntary enfranchisements, and shall in like manner from time to time make the requisite amendments in such schedule, in consequence of deaths or otherwise as aforesaid.

Clause 43. And be it enacted, That the costs and Expenses. expenses of such valuation and schedules, and the costs of the apportionment after mentioned, shall be payable and paid in like manner as is herein before provided with respect to costs and expenses under voluntary enfranchisements.

Clause 44. And be it enacted, That the commis- Apportionsioners shall also forthwith after such schedules re- ment. spectively shall be so settled and amended, cause an apportionment to be made of the sums to be paid by each tenant and otherwise in like manner as is herein before provided with respect to voluntary enfranchisements, and shall cause a like apportionment to be made of the compensation (if any) payable to the steward or other officers of the manor, and of the costs of the proceedings; and the commissioners shall in like manner cause a schedule of such apportionment and a copy thereof to be made, and shall cause the like inspection thereof as is hereinbefore provided with respect to voluntary enfranchisements, and shall in like manner proceed to confirmation and engrossment thereof, and the deposit of copies thereof, and of the schedules and papers relating thereto, with the steward of the manor and clerk of the peace in manner hereinbefore mentioned.

Clause 45. And be it enacted, That before con- Notice. firmation of any such compulsory enfranchisement, notice shall be given to such persons, and in like

Apportion

to be ques

confirma

manner on the same being required by the commissioners, as is herein before provided with respect to voluntary enfranchisement.

Clause 46. And be it enacted, That no confirmed ment not valuation, apportionment or schedule under any tioned after compulsory enfranchisement, shall be impeached after the confirmation thereof by reason of any mistake or informality therein, or in any proceedings relative thereto, except with the consent of all parties interested therein.

tion.

Bill of 1840.

The compulsory powers given to the Copyhold Commissioners are much the same, mutatis mutandis, as those given to the Tithe Commissioners, in the cases of Tithe Commutation; this bill passed through the Lower House, although without the compulsory clauses we have above given, but was rejected in the House of Lords. In 1840, a bill was introduced in the Upper House by Lord Brougham, similar, I believe, to Mr. Stewart's bill of the previous session, as it passed the Commons, except as to certain clauses, providing, instead of enfranchisement being entirely at the option of the lord, that, in the event of a very large preponderance of the tenants wanting an enfranchisement, the lord should be bound (with proper protection and power of appeal) to give his consent. counter bill was also presented by Lord Redesdale, intituled "A Bill for the Commutation of certain Manorial Rights in respect of Lands of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights; and for facilitating the EnBill of franchisement of such Lands." These two bills were again presented by Lord Brougham and Lord Redes

1841.

A

« PreviousContinue »