to rights in mines and minerals, but otherwise shall to mines if not extend to or affect such rights (a); and there- expressly agreed upon such agreement shall be reduced into writing, upon. and a memorandum or minute thereof shall be signed by the persons so agreeing to such commutation, or by their respective agents.

which

made.

14. And be it enacted, That such agreement for Terms on a commutation of the rights of the lord may be agreements for the payment of an annual sum by way of rent- may be charge (b), and of a small fixed fine (c) upon death or alienation, which shall in no case exceed the sum of five shillings, such rent-charge to commence, either in whole or in part according as the said commissioners shall direct, from the date hereinafter mentioned (except where otherwise directed by the said commissioners), and to be valued and variable (when such rent-charge shall exceed twenty shillings) according to the price of corn, in like manner as is mentioned and provided with regard to the tithe com- 6 & 7 Will. mutation rent-charge in and by the said Act for the (d). commutation of tithes in England and Wales; and the amount of every such rent-charge may be specifically stated in such agreement, or separate rentcharges may be therein agreed upon between the lord and any one or more tenants, parties to the agreement, or the agreement may provide that the entire rent-charge, though stated therein, shall be subject to increase or diminution by the valuers to be appointed as hereinafter mentioned to such amount per centum as shall be therein expressed, or that such separate rent-charges as aforesaid shall be

(a) See post, section 82.

See also post, sections 31 and 36.

This fine is to be fixed by the valuers. See sect. 28, post. (d) See Appendix, post, No. VI.

subject to increase or diminution to a given amount per centum, in certain events to be specified in the agreement; and the agreement may also determine the apportionment for each tenant, or it may provide that the entire rent-charge, or the apportionment thereof, shall be fixed by such valuers, subject to the approbation of the said commissioners; and it may be agreed that so much of the rent-charge, to be apportioned as aforesaid in respect of the lands of any tenant, as shall be in lieu of fines, or other manorial rights to which such tenant would not be liable thereafter during his tenancy, shall not commence until the period of the next act or event on which a fine or such other manorial right would have become payable or due, and that the amount of such rent-charge shall be then increased accordingly (a); but such agreement shall not fix the time for the commencement of the rent-charge to be apportioned in respect of the lands of any tenant who shall not be party to such agreement; and all other provisions may be made for carrying into execution the intention of the parties and of this Act, so that nothing in such agreement contained (unless every tenant included therein shall be a party thereto) shall exclude or prevent the exercise of the powers hereinafter contained for apportioning the rentcharge according to the particular circumstances of each tenement, and for the relief of tenants for life and other persons in the cases hereinafter provided for (b); and such agreement may fix a scale of fees to be payable to the steward from and after the con

(a) The commissioners may, if they think fit, direct this, although it is not provided for in the agreement. Section 23. (b) See section 28.

firmation of the apportionment, but so nevertheless as not to affect the interests of any steward in office at the time of the passing of this Act who shall hold his office for life or during good behaviour, or of any steward of a manor so in office as aforesaid where the usage shall have been such as in the opinion of the said commissioners to lead to a just expectation that the steward will hold his office during his life or good behaviour; and such agreement may provide for the costs of the proceedings under this Act, subject to the approbation of the said commissioners: Provided always, that in case of doubt or difference as to the sufficiency of interest of the parties to any such agreement, the decision of the said commissioners thereon shall be conclusive; and every agreement so made and executed, Agreement and confirmed in manner hereinafter mentioned (a), shall be binding on all persons interested in such terested. manor or lands.

to bind all

persons in

fine on

15. And be it enacted, That such agreement for Commutation may a commutation of the rights of the lord as aforesaid take place may also be for the payment of a fine on death or in considealienation (6), or at any fixed period or periods to be ration of a agreed upon by the parties, every such fine to be death or fixed by the agreement, or to be subject to increase or diminution by the valuers (c), to be appointed as fixed pehereinafter mentioned, to such an centum as shall be expressed in such agreement, but

amount per

in either case to be valued in bushels of wheat,

(a) Section 23.

(b) See also post, sections 31 and 36. These fines may at any time be altered for a rent-charge and fine limited in amount. Section 54.

(c) See section 28.

alienation,

or at a

riod.

6 & 7 W. IV. c. 71.

Provisional agreements may be made.

Propor

barley, and oats in the same manner as the tithe commutation rent-charge, and to be subject, in like manner as such rent-charge, to variation according to the prices ascertained by the advertisement provided for by the said Act for the Commutation of Tithes in England and Wales, to be published next before the time of the happening of the act or event on which the fine shall become payable.

16. And be it enacted, That the said lord and tenants present at such meeting 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 tional inte- interest of the tenants, so far as relates to their power to make such agreement or provisional agreeed for ment, or to appoint valuers, or to give any notice to

rest how to

be com

the said commissioners or assistant commissioners (a), purpose of as hereinafter provided, shall be computed in manner voting. hereinafter mentioned; that is to say, the interest of every tenant liable to fines arbitrary or uncertain in amount 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 (b), 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 (c); 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

(a) For the purpose of electing a chairman, the votes of the tenants are to be reckoned individually. See section 16. (b) This is the mode adopted of computing interest in the Tithe Commutation Act (6 & 7 Will. IV. c. 71, s. 19).

(c) This is a great responsibility placed in the hands of the chairman. Although the arbitrary fine is in almost all instances the amount of two years improved value at the time the fine was paid, still it would be no proof of the improved yearly value at the time of the meeting for commutation, which it is apprehended is the proportion of interest intended to be determined by the chairman. He is also in certain cases to ascertain the annual value of the lands of tenants liable to heriots in kind. But no doubt the commissioners will, in most instances, make special rules.