land and to the proposed regulation, required by the questions (d) hereunto annexed, believing such information to be correct: And we hereby apply to the Board, if satisfied that it is desirable, to issue a Provisional Order, and to certify that it is expedient that such Provisional Order should be confirmed by Parliament. (Signed) (e). (b) Parish or township, or several parishes or townships, or extraparochial place or places, as the case may be. If the land is in any district not here properly named, insert the proper description. (c) Or counties. (d) A printed form of the questions will, upon request, be sent to the applicants by the Board. (e) N.B.-All signatures under powers of attorney should be written thus-"A. B., by C. D., his attorney," and the powers, or certified copies thereof, must accompany this application. APPLICATION to the Board of Agriculture for a Provisional Order for the Inclosure of a Common under the provisions of the Inclosure Acts, 1845 to 1882. The land to which this application relates is situated in the (a) of in the county (b) of and is commonly known as We, the undersigned, being persons representing at least one-third in value of such interests in the land above mentioned as are to be affected, propose the inclosure of such land, under the Inclosure Acts, 1845 to 1882, and submit to the Board of Agriculture the information in respect to such land and to the proposed inclosure, required by the questions (c) hereunto annexed, believing such information to be correct: And we hereby apply to the Board, if satisfied that it is desirable, to issue a Provisional Order, and to certify that it is expedient that such Provisional Order should be confirmed by Parliament. (a) Parish or township, or several parishes or townships, or extraparochial place or places, as the case may be. If the land is in any district not here properly named, insert the proper description. (b) Or counties. (c) A printed form of these questions will, upon request, be sent to the applicants by the Board. (d) N.B.-All signatures under powers of attorney should be written thus" A. B., by C. D., his attorney," and the powers, or certified copies thereof, must accompany this application. E. H H APPENDIX III. COPYHOLD ENFRANCHISEMENT. Minute of the Board of Agriculture as to proceedings on compulsory Enfranchisements under the Copyhold Acts, 1852 to 1887, 15 & 16 Vict. c. 51 (1852), 21 & 22 Vict. c. 94 (1858), and 50 & 51 Vict. c. 73 (1887). 1. A lord or tenant can compel enfranchisement of any copyhold lands to which the tenant has been admitted, unless the tenant is a mortgagee not in possession, or the lands are held for a life or lives, or for years, where the tenant has not a right of renewal. But when the tenant was admitted before the 1st of July 1853, he cannot avail himself of this power until after payment or tender of such a fine, and, if the lands be heriotable, the value of such a heriot as would be payable on admittance on alienation subsequent to 1st July 1853, and also of two-thirds of such a sum as the steward would have been entitled to for his fees in respect of such admittance. 2. Any lord or tenant, or owner of any land liable to any heriot, or to any quit rent, free rent, or any other manorial incident whatsoever, may, subject to the provisions of the 48th section of the Copyhold Act, 1852, require and compel the extinguishment of such rights or incidents, and the release and enfranchisement of the lands subject thereto, and the proceedings thereon shall be the same as in the case of enfranchisement of copyhold lands. If the lands be heriotable and no heriot has become due or payable in respect of them since the 30th of June 1853, a tenant or owner cannot avail himself of this power until after payment or tender of the value of such a heriot as would become payable in the event of admittance or enrolment on alienation, and also of twothirds of such a sum as the steward would have been entitled to for fees in respect of such admittance or enrolment. 3. A lord or tenant requiring enfranchisement, or extinguishment of a manorial incident, must give notice thereof the one to the other, and send a copy of the notice to the Board, with an endorsement thereon, stating when and upon whom the notice was served, and how served. 4. The lord and tenant, after notice of the enfranchisement Lord and has been delivered, may agree upon the compensation to be tenant may paid for enfranchisement, subject to the approbation of the agree as to Board. A form, showing the information to be furnished by compensation. the steward in such cases, may be obtained on application to the Board (a). A memorandum of agreement will be found at the foot of page 4 of the form (b). 5. The lord and tenant may, after notice of the enfranchise- Lord and ment has been delivered, agree in writing that the Board shall tenant may determine the compensation to be paid for enfranchisement. agree to refer A form of agreement, applicable to such cases, may be ob- tion of comtained on application to the Board (c). between determina pensation to the Board. of valuers. 6. If the enfranchisement terms be not agreed upon the lord and tenant, or determined by the Board, the con- Appointment sideration to be paid must be decided by a valuer, valuers, or umpire, duly appointed in manner following, that is to say:The lord and tenant may, in any case, jointly appoint one Joint appointvaluer. ment of justices. When the manorial rights consist only of heriots, rents, valuer. In all other cases the person who has given notice of his Appointment When the notice of the appointment of valuer has been (a) P. 478, post. (b) P. 480, post. Failure by lord or tenant to appoint a valuer. Appointment of umpire. Declaration of valuers or umpire. Instructions to be given to valuers. Circumstances to be considered by valuers. In any case where, after due notice as aforesaid, either party shall neglect or refuse for 28 days to appoint his valuer, the appointment devolves upon the Board, who, on being requested by either party, will appoint a valuer. 7. The valuers, within 14 days after their appointment, and before they proceed, shall appoint an umpire, to whom the whole matter, or any point in dispute between them, may be referred. A copy of such appointment should be forwarded. to the Board. If the valuers fail to appoint within 14 days, the appointment devolves upon the Board, who, on being requested by the valuers, or one of them, will appoint an umpire. 8. Before any valuer or umpire shall enter upon his valuation, he must, in the presence of a justice of the peace, make and subscribe a declaration in the following form, which should be annexed to the decision when forwarded to the Board: : "I do declare that I will faithfully, to the best of my ability, value, hear, and determine the matters referred to me under the Copyhold Acts. Made and subscribed in the presence of this 9. As the decision of the valuers must be delivered within 42 days, each party should, without delay, furnish his valuer with a description of the lands to be enfranchised and all other necessary information; but should either party neglect or refuse to do so, the valuers must proceed upon such information as they can otherwise obtain. 10. The circumstances to be considered by valuers are mentioned in section 16 of the Act of 1852, which is as follows:"In making any valuation under this Act the valuers shall take into account the facilities for improvement, customs of the manor, fines, heriots, reliefs, quit rents, chief rents, escheats, forfeitures, and all other incidents whatsoever of copyhold or customary tenure, and all other circumstances affecting or relating to the land which shall be included in such enfranchisement, and all advantages to arise therefrom, and shall make due allowance for the same." Except that the value of escheat for want of heirs is not to be taken into consideration, as under section 4 of the Copyhold Act, 1887, the lord will continue to be entitled, after the enfranchisement, to the same right and interest in the land in case of escheat for want of heirs as he would have had if the land had not been enfranchised. of umpire. 11. The valuers should determine the value of the manorial Decision of valuers or and other rights and incidents, such value in all cases to be a gross sum of money (d). The valuers' decision must be forwarded to the Board within 42 days after their appointment, with the details of the valuation separately given. A copy the decision should also be sent at the same time to the lord or steward and to the tenant or his attorney. If the valuers are unable from any cause to come to a decision within the 42 days, they, or either of them, must, before the expiration of that period, refer the matter to the umpire, whose duty it will then be to make the decision, and furnish details and copies of the same as before mentioned within 42 days of the reference to him. 12. The Board are empowered to extend the time for ap- Extension of pointing valuers or an umpire, or the time within which they time for should respectively deliver their decision, provided application of valuers and appointment is made to them within the respective periods of 28, 14, and delivery of 42 days previously mentioned. decisions. 13. A schedule containing the exact description under which Description the lands are to be enfranchised should be annexed to every of land to be enfranchised. decision. The court-roll description by which the tenant was admitted or enrolled should be given in the schedule. If, however, the parties agree to a more modern description of the lands, in addition to the court-roll description, the same should be signed by the steward of the manor, and by the tenant or his attorney. 14. When the identity of the lands cannot be ascertained, Identity of they are to be taken at the quantities mentioned, if in statute lands. measure, in the court books or rolls, and if not so specified, the quantities are to be determined by the valuers. When the lands are not defined by a plan on the court-rolls, Maps. the valuers, if requested in writing by either lord or tenant, are to define the lands by a plan. The ordnance map, or a tracing from it, will generally be found most convenient for the purpose. Ordnance maps on the % and 6-inch scales, and larger scales for town properties, can be obtained from Mr. Stanford, 26 and 27, Cockspur Street, Charing Cross, London, S.W., who will afford full information respecting them. Except by agreement between the lord and tenant, a plan is not to be required or made in any case in which it shall appear that the lands have been for more than 50 years treated as intermixed with other lands, and with boundaries incapable of definition. When valuers have been appointed, a lord or (d) See Par. 30 as to the scale on which compensation should be based. |