which the valuers have proceeded, which will do an injustice to the parties or either of them. Even if the valuers amend their valuation, but the conclusion is still unsatisfactory to the Board, it would appear that the Board are not bound by such amended valuation. On this point reference may be made to the remarks by Lord Esher, M.R., as to the powers of the Land Commissioners (now the Board of Agriculture) in the case of Regina v. The Land Commissioners for England (y). "I see nothing in the section to confine the action of the Commissioners to one objection only, so as to bind them by a partial amendment made by the valuers, but not satisfactory to the Commissioners. I do not, however, think that they are obliged to send the valuation back to the valuers a second time, but when it comes back to them after they have once remitted it, they may then deal with it and make their award of the sum they deem just and reasonable. To my mind there is nothing in the Act to make the decision of the valuers binding on the Commissioners. The truth is, the valuers are not arbitrators but assessors and assistants to the Commissioners, and the award is made by the Commissioners under the authority given by the statute." Questions of law and fact arising in valuation to If any objection is made or any question arises in the course of the valuations in any enfranchisement to be effected by an award under the Copyhold Acts in relation course of to any alleged custom, or the evidence thereof, or in be referred relation to any matter of law or fact material to the to Board. valuation or arising on the enfranchisement, such objection or question is on the request in writing of either of the parties to be referred to the Board, or to any officer of the Board assigned by them to exercise their powers and discharge their duties under the Copyhold Acts, and the decision of the Board or of such officer after inquiry is to be final. But if any of the parties is dissatisfied with the (y) 23 Q. B. Div. 59, 63, 64. Allowance to valuers or umpire. decision of the Board or their officer on any matter of law, he may, within twenty-eight days after the decision and upon fourteen days' notice in writing to the other parties affected by it, request the Board to direct a case to be stated for the opinion of the High Court of Justice. The decision of the Court on the case submitted to it will be binding on all parties, including the Board (2). It will be observed that it is only on a matter of law that an appeal will lie to the Court from the decision of the Board or their officer. Accordingly, in a case where a question arose whether there was a special custom in the manor entitling the lord to claim one-third of the timber on the copyholds, and the Copyhold Commissioners after due inquiry found that there was such a custom and that the lord was entitled to compensation upon enfranchisement in respect of his rights under the custom, the Court of Common Pleas held, on a case stated for their opinion, that the only question as to a special custom which the Court could entertain was whether there was evidence of it. If there was evidence, then it was the exclusive province of the Commissioners to determine, as a question of fact, whether such evidence proved the existence of the custom; and being of opinion that there was evidence of the special custom alleged, the Court declared that the finding of the Commissioners with regard to it could not be disturbed (a). The costs of stating the case and of obtaining the decision of the Court are in the discretion of the Court to which the case is submitted, and it may order the costs to be taxed, and execution may issue for them, as if they had been recovered upon a judgment of record (b). Under the provisions of the Copyhold Act, 1887, the Board of Agriculture are empowered to print and publish a scale of allowance to valuers or umpires for services (z) 15 & 16 Vict. c. 51, s. 8; 4 & 5 Vict. c. 35, s. 40. (a) Reynolds v. Woodham Walter Manor (Lord of), L. R. 7 C. P. 639, 645. (b) 4 & 5 Vict. c. 35, s. 40. performed in the execution of the Copyhold Acts (c). A print of the latest scale published by the Board will be found in the Appendix hereto, but it is to be observed that the scale is intended to be for guidance only and is not to be taken as binding in any particular case as a matter of law. tion of award. In any case of enfranchisement or extinguishment of Preparation manorial rights and incidents conducted before the Board and confirmaof Agriculture, when the amount of the compensation has been duly ascertained, the Board, after having made such inquiries concerning the circumstances of the case as they think necessary, will prepare an award of enfranchisement on the basis of the compensation and in such form as they may provide, and they may afterwards confirm the award (d). A print of the inquiries which the Board require to be answered in every case of enfranchisement or extinguishment of manorial rights and incidents under the Copyhold Acts will be found in the Appendix hereto. But before the Board can confirm the award they must have served a copy of it in the form in which it is proposed to be confirmed upon the steward of the manor (e), unless the award in draft has been perused by him (ƒ). Where service of the copy of the award is necessary, it must take place fourteen clear days at least before the award is confirmed (g). Again, in cases where the consideration is either a gross sum of money immediately payable or land, the Board cannot confirm the award until the receipt of the person entitled to the consideration money has been produced or the conveyance of the land has been confirmed by them (h). A copy of the award, sealed or stamped with the seal of the Board, has to be sent by the Board to the lord, who must cause it to be entered on the manorial court-rolls (i). (c) 50 & 51 Vict. c. 73, s. 30. (d) Ibid. s. 22. (e) 21 & 22 Vict. c. 94, s. 10. (f) 50 & 51 Vict. c. 73, s. 22. (g) 21 & 22 Vict. c. 94, s. 10. (i) 50 & 51 Vict. c. 73, s. 22. Effect of confirmation of award, &c. Commencement of enfranchisement. Form of compensation. When the Board of Agriculture have confirmed an award of enfranchisement, or have executed any deed or other instrument whereby an enfranchisement or extinguishment of manorial rights is effected, the confirmation or execution, as the case may be, is to be taken as conclusive evidence that all the necessary directions in relation to the enfranchisement or extinguishment have been duly complied with, and the award or deed cannot afterwards be impeached by reason of any omission, mistake, or informality in any of the proceedings, or on account of any want of notices or consents which may be required by any of the Copyhold Acts (). But the Board have power at any time, on the application of any person interested, to correct and supply all errors or omissions arising from inadvertence in an award or deed of enfranchisement, or in any other instrument which the Copyhold Acts authorise them to make or issue. Before making any correction, the Board will give due notice to all persons interested, and they may order all expenses incident to the correction to be paid as they may direct (1). It was provided by the Copyhold Act, 1858, that the commencement of every enfranchisement, or of every commutation or extinguishment of manorial rights, might be fixed by the memorandum confirming the instrument whereby the enfranchisement or commutation or extinguishment was effected, and that, in default of being so fixed, it was to take place on the day of confirmation (m) ; but now it appears from the provisions of the Copyhold Act, 1887, that compulsory enfranchisements take effect from the date of the notice of desire for enfranchisement or extinguishment (»). Where the enfranchisement is effected at the instance of the lord, or when the compensation payable to him amounts to more than one year's improved annual value of the land, (k) 15 & 16 Vict. c. 51, s. 33. (n) See 50 & 51 Vict. c. 73, 88. 14, 31. and the land can in the opinion of the Board of Agriculture be sufficiently identified, the compensation must, unless the lord and tenant otherwise agree or the tenant gives notice to the Board of his desire to pay the amount in a gross sum of money, consist of an annual rent-charge issuing out of the land enfranchised, equivalent to interest at the rate of 47. per centum per annum on the compensation money. Where the enfranchisement is effected at the instance of the tenant, the compensation will in the absence of agreement be payable in money, unless it amounts to more than one year's improved annual value of the land enfranchised and the land can be sufficiently identified, in which case the tenant can discharge his obligation by the grant of an annual rent-charge calculated in the manner above mentioned. In cases where the enfranchisement is effected by award, and the tenant desires to pay the compensation in a sum of money, he must give notice to the Board of his desire so to pay within ten days after receiving the draft of the proposed award (0). The Copyhold Act, 1887, provides in the case of com- Commencepulsory enfranchisements that the rent-charge is to be ment of rent-charge. equivalent to interest at the rate of 47. per centum per annum on the amount of the compensation, and is to commence in every case from the date of the notice of desire to enfranchise (p). rent-charges. All rent-charges created under the provisions of the Date of Copyhold Acts are now payable on the first day of payment of January and the first day of July in each year, and in the case of an enfranchisement taking place between these dates in any year, a proportionate payment will be made for the interval elapsing between the commencement of the rent-charge and the half-yearly day of payment which next follows the date of the award or memorandum or deed of enfranchisement (q). (0) 50 & 51 Vict. c. 73, ss. 13, 14. (p) Ibid. s. 14. (2) 50 & 51 Vict. c. 73, s. 15. |