ENFRANCHISEMENT CONSIDERATION-continued.

receive the same, to remain a charge on the land for person
entitled, 122

Receipts for, from persons to whom money is to be paid pur-
suant to this Act to be sufficient discharges, 123

Land to be subject to, after enfranchisement, 126

ENGLAND, Act to extend to, 136

ENTRY, may be made upon the lands by the owner of the rent-charge
in default of payment, 96

ERRORS in agreement, valuation, assessment, schedule, or apportion-
ment, may at any time be corrected by the commissioners, with
consent of parties, 85

ESCHEATS, right of lords to, not to be affected by any commutation,
unless expressly commuted under the Act, 127

EVIDENCE,

False, to be deem perjury, 133

Withholding or destroying, a misdemeanour, 133

What to be evidence of amount of expenses and costs, and of the
non-recovery thereof in an action at law for expenses incurred
under the Act, 115

EXPENSES,

Of lords and tenants at manorial meetings, how paid, 60

Of commissioners, assistant commissioners, &c., to be paid out
of consolidated fund, 54

Of commutation, may be provided for by agreement subject to
approbation of commissioners, 63

Of steward for ascertaining ages of tenants, how to be paid, 75
Of witnesses, how to be paid, 95

Of production of books, papers, &c., how paid, 95

Of all proceedings under the Act (except of commissioners and
assistant commissioners), how to be paid, 95

Tenant or occupier paying expenses chargeable on the land, may
deduct the same in account with his landlord, 96

Of trustees, how to be recovered, 115

Disputes as to, to be determined by the commissioners or
assistant commissioner, 116

Of valuations, schedules, and other proceedings for any com-
mutation or enfranchisement under the Act, how to be paid, 113
In case of dispute concerning, commissioners to certify amount
to be paid by and to each person, 114

Two justices may, by warrant under their hands and seals, cause
such expenses to be levied by distress and sale of the goods of
the person liable to pay the same, 114

If amount to 40s. and not levied within two months, persons
entitled may recover the same with costs in an action of
debt, 115

Tenants having limited interests may charge expenses incurred
under the Act, on their lands, 116

EXPENSES-continued.

Lord of a manor having a particular interest, or being a trustee,
may charge expenses of commutation on the manor, 116

One twentieth part of such expenses to be paid off annually,

117

Such expenses to be subject to previous mortgages, 117
Approval of the commissioners, or an assistant commissioner,
required in certain cases, 117

Of investigating the title of the lord to a manor, how to be paid, 108
Where lord has only a limited estate, or is a trustee, how to be
paid, 108

FAIRS, right of lords to, not to be affected by any commutation, un-
less expressly commuted under the Act, 127

FEME COVERT, when any party interested in any commutation or
enfranchisement is a, who to be substituted for, 56

FINES (ARBITRARY), how valued for purpose of voting at meetings,

65

FINE (CERTAIN), how valued for purpose of voting at meetings, 65
FINE (COMMUTATION),

On death or alienation, or at a fixed period, may be consideration
for commutation, 63

Payable on death or alienation, as commutation consideration, if
it exceeds twenty shillings to be variable according to price of
corn, 87

If under twenty shillings, amount of, to be mentioned in ap-
portionment, 87

To be recoverable as other fines, 88

Additional remedies as to recovery of, 101

May be altered at any time into corn rent-charge, 102

May be subject to increase or diminution, 63, 100

Apportionment of, may be made at any time by entry on the
court rolls, 103

FISHING, right of lords to, not to be affected by any commutation,
unless expressly commuted under the Act, 127

FORMS,

To be framed and circulated by the commissioners, 67

Of power of attorney, 58

Of declaration, 55

Of a deed of enfranchisement, [APPENDIX, No. I.] p. 139

FORMS OF PROCEDURE (issued by the commissioners)—[Ar-
PENDIX] p. 163

Instructions how to proceed, 163

Notice and advertisement of meeting by lords, 166

Notice and advertisement of meeting by tenants, 167

Declaration that notice has been duly affixed to church door,
&c., 167

Minutes of proceedings at the meeting, 168

FORMS OF PROCEDURE-continued.

commencement of meeting and appointment of chair-

man, 168

adjournment of, 169

notice of adjournment, 169

proceedings at adjourned meetings, 169

Minute as the basis of an agreement for commutation, 170
at a rent-charge and nominal fines, 170
entire rent-charge to be apportioned, 170

rent-charge to be subject to increase and diminution
by valuers, 170

amount of rent-charge to be fixed by valuers, 171
net rent-charge in respect of fines, &c., may be post-
poned till next Act, &c., 171

Appointment of valuers, 171

Agreement for commutation at rent-charge, &c., 172

Steward's statement for meetings, &c., 173

Minute of a meeting at which an agreement to commute has been
signed, 174

Minute of meeting at which a provisional agreement to commute
has been signed, 175

Agreement with two or more tenants for the commutation of
manorial rights, when the rent-charge is not apportioned by
the parties in the agreement, but is left to be apportioned by the
steward, 175

Schedule, 176

Agreement with two or more tenants for the commutation of
manorial rights where the rent-charge or other consideration
for the commutation is apportioned by the agreement, 177

1st Schedule, 177
2nd Schedule, 177

Agreement with 12 or more tenants for the enfranchisement of
certain lands where the rent-charge is not apportioned by the
agreement, but is left to be apportioned by the steward, 179

Schedule, 179

Schedule of apportionment for an enfranchisement, by twelve or
more tenants, 180

Agreement with twelve or more tenants for the enfranchisement
of certain lands where the rent-charge is intended to be appor-
tioned by the parties, 181

Schedule, 181

Declaration by steward as to value and incidents, 182
Declaration by valuer as to value of lands, 183

Power of attorney, 184

FOWLING, right of lords to, not to be affected by any commutation,
unless expressly commuted under the Act, 127

FRANCHISES, right of lords to, not to be affected by any commuta-
tion, unless expressly commuted under the Act, 127

FRAUD, confirmation of agreement obtained by, 70, n.

FREEBENCH, CUSTOMARY,

To cease after final commutation, except in certain cases, 125
When and how to cease after enfranchisement, 126

FREEHOLD,

Copyhold lands to become, after enfranchisement, 126

Laws relating to descent, dower, and curtesy of England in, to be
applied to copyhold lands after commutation, except in certain
cases, 125

FREE WARREN, right of lords to, not to be affected by any commu-
tation, unless expressly commuted under the Act, 127

GAME, right of lords to, not to be affected by any commutation, unless
expressly commuted under the Act, 127

GAVELKIND,

Custom of, to cease after commutation, 124

In the county of Kent, not to be affected by the Act, 125
HAWKING, right of lords to, not to be affected by any commutation,
unless expressly commuted under the Act, 127

HERIOTS,

Meaning of word, 138

In kind, how valued for the purpose of voting at meetings, 66
Rules as to value of, may be made by the commissioners, 66

HOMAGE,

Presentment by, after 31st December, 1841, not to be essential
to the validity of an admission to copyholds, 131

Surrenders, deed of surrender, wills and codicils, grants and ad-
missions, at courts at which the homage is not assembled, to be
entered on the court rolls, 130

Lord not to grant common or waste lands in any case without
consent of, 131

HOUSE OF COMMONS, no commissioner or assistant commissioner
to sit in, 53

HUNTING, right of lords to, not to be affected by any commutation,
unless expressly commuted under the Act, 127

IDIOT, when party interested in any commutation or enfranchisement
is an idiot, who to be substituted for, 56

INCREASE,

Rent-charge may be agreed to be subject to, in certain events, 61
Commissioners may direct that rent-charge shall be subject to, in
certain cases, 71

Amount of, to be determined by valuers, 77

Where rent-charge subject to, schedule of apportionment to set
forth in what event and amount of increase, 88

Consideration for voluntary commutation may be subject to, 61,
63, 100

INFANTS, when party interested in any commutation or enfranchise-
ment is an infant, who to be substituted for, 56

INTEREST,

On enfranchisement consideration may be recovered by distress,

118

On money advanced on mortgage to pay enfranchisement conside-
ration, 119

INTERESTED PERSON, when abroad or under disability, who to be
substituted for, 56

INTERPRETATION OF WORDS,

Manor, 136

Lord, 137

Steward, 137

Tenant, 137

Land, 137

Enfranchisement, 138

Heriots, 138

Rents, 138

Person, 138

Singular to include plural, and vice versa, 138
Masculine gender to include female as well as male, 138

IRELAND, Act to extend to, 136

ISSUE AT LAW,

Parties dissatisfied with decision of the commissioners may appeal
by issue at law, 90

Proceedings in such issue, 90

Production of documents in, 91

JUDGE,

May extend time for trial at law, or direct trial to be in a different
county, 91

May order writ to be issued to sheriff to assess arrears, 97

May order owner of rent-charge in possession of the lands under
a writ of possession to account for rents and produce, 98
May order writ of supersedeas to issue, 98

JUSTICES OF THE PEACE,

Two may administer declaration to commissioner or assistant
commissioner, 55

One may administer declaration to a valuer or umpire, 74
Limitation of actions against, 133

May, by warrant, under their hands and seals, cause expenses
incurred under this Act to be levied by distress on the lands of
the person liable to pay the same, 114

Warrant of, to be evidence of the non-recovery of such expenses,

115

Certificate of, to be evidence of amount of the costs of the appli-
cation, 115

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