Fines, &c. to chisement of the land subject thereto, in like manner as nearly as possible as is provided by this Act with respect to the right to compel the enfranchisement of copyhold land and to the proceedings thereupon, and the provisions of this Act shall apply accordingly. This section repeats the provisions of sect. 7 of the Copyhold Act, 1887, with the exception of the words 'or owner "which 66 occurred after the word "tenant "in the Act of 1887; an owner," according to the definition in that Act, including every person entitled to hereditaments for any term of years originally granted for ninety-nine years or upwards, or for some greater estate." As the interpretation of the word "owner "in the Act of 1887 has not been incorporated in this Act, it seems that leaseholders holding under a term granted for ninety-nine years, or some greater estate, have now no special right of extinguishing any manorial incidents. As to the general rights of freeholders and lessees for years, see sect. 94. -heriot includes a money payment in lieu of a heriot. See sect. 94. 3. A tenant shall not be entitled to require an enfranbe paid before chisement of any land under this Act until after payment enfranchise ment. or tender (a) in case the land is copyhold and an admittance thereto has not been made since the thirtieth day of June one thousand eight hundred and fiftythree, of such fine and of the value of such heriot (if any) as would become payable in the event of admittance on alienation subsequent to that day, and of two-thirds of such sum as the steward would have been entitled to in respect of the admittance; and This sub-section embodies the provisions of sect. 1 of the Copyhold Act, 1852, as amended by sect. 6 of the Copyhold Act, 1858. (b) in case the land is freehold (including customary freehold) and subject to heriots and no heriot has become due or payable since the thirtieth day of June one thousand eight hundred and fifty-three, of the value of such heriot, if any, as would become payable in the event of an admittance or enrolment on alienation, subsequent to that day, and of two-thirds of such sum as the steward would have been entitled to for fees in respect of the alienation or admittance or enrolment; and (c) in every other case, of all fines and fees consequent on the last admittance to the land. Sub-section (b) embodies the provisions of sect. 6 of the Copyhold Act, 1858, as amended by sect. 9 of the Copyhold Act, 1887. -customary freehold.-These words are taken from sect. 6 of the Copyhold Act, 1858. It would appear that they refer to freeholds subject to custom, for "customary freeholds," properly so called, are of the nature of copyholds (Thompson v. Hardinge, 1 C. B. 940; Portland (Duke of) v. Hill, L. R. 2 Eq. 765), though at one time they were considered to be of the nature of freeholds. (See Co. Copyh. s. 32: and Bingham v. Woodgate, 1 R. & M. 32.) Sub-section (c) in effect repeats the provision contained in sect. 1 of the Copyhold Act, 1852. 4. A lord or tenant who requires enfranchisement under Notice of this Act must give notice in writing, the lord to the tenant desire to or the tenant to the lord, as the case may be, of his desire to have the land enfranchised. This section replaces the provision as to notice of desire to enfranchise contained in sect. 8 of the Copyhold Act, 1858. Forms of the notice applicable to the case of enfranchisement of copyhold land and the case of extinguishment of a manorial incident will be found on p. 477 of the Treatise. Section 57, sub-sect. (1), of this Act provides that notices required or authorised by the Act must be given in writing, but this enactment must be read subject to the provisions of sect. 20 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), which defines the meaning of the word "writing" in past and future Acts. Compensation for Enfranchisement. enfranchise. 5.-(1.) When a notice requiring an enfranchisement Proceedings has been given under this Act, the compensation for the for ascertainenfranchisement shall be ascertained in accordance with ing compensathe provisions of this section. (2.) The lord and the tenant may (a) determine the amount of the compensation by agreement in writing; or (6) agree in writing that the Board of Agriculture (c) appoint a valuer or valuers to determine the amount. tion. appointed by the justices at petty sessions holden for the division or place in which the manor or the greater part of it is situate, unless either party to the enfranchisement gives notice that he desires the valuation to be made by a valuer or valuers appointed by the lord and tenant, in which case he shall pay the additional expenses caused by that mode of valuation. These sub-sections embody the provisions in sects. 3 and 43 of the Copyhold Act, 1887, and sect. 8 of the Copyhold Act, 1858. For a form of agreement between the parties settling the compensation, see p. 480 of the Treatise; for an agreement that the compensation shall be determined by the Board of Agriculture, see p. 478; and for forms of appointment of valuers, see pp. 481, 482. See sect. 7, sub-sect. (9), post, for the steps to be taken by the Board when they determine the amount of the compensation. (3.) When a valuer is appointed by justices, a justice who is a lord of the manor shall not take any part in the appointment. This sub-section replaces the provisions contained in sect. 8 of the Copyhold Act, 1858, to the like effect. For the definition of "lord," see sect. 94, post. (4.) When the valuation is to be by a valuer or valuers appointed by the lord and tenant (a) The lord and the tenant may each appoint one valuer : (b) They may appoint one and the same person: (e) If either the lord or the tenant does not appoint a valuer within twenty-eight days after notice has been given to him by the other party to do so, or within such further time, if any, as the Board of Agriculture by order allow, the Board shall appoint a valuer for him: (d) The appointment of a valuer by either party cannot be revoked, except with the consent of the other party: Where there are two valuers they shall, before pro ceeding with the valuation, appoint an umpire: (f) If they do not within fourteen days after their appointment appoint an umpire, the Board of Agriculture shall appoint an umpire for them. This sub-section repeats the provisions as to the appointment of valuers and umpires contained in sect. of the Copyhold Act, 1858, as amended by sect. 10 of the Copyhold Act, 1887. The provision in clause (c) above as to the power of the Board to extend the time for the appointment is taken from sect. 9 of the Act of 1858; and the provision in clause (d) that the appointment cannot be revoked replaces a like provision in sect. 3 of the Copyhold Act, 1852. For forms of appointment and notice, see pp. 481-484 of the Treatise. (5.) The Board of Agriculture may, on the application of either the lord or the tenant, remove a valuer or umpire for misconduct or for refusal or omission to act. This sub-section repeats the provision to the like effect contained in sect. 3 of the Copyhold Act, 1852. (6.) If a valuer or umpire dies, or becomes incapable, or refuses to act, or is removed, another valuer or umpire, as the case may be, shall, within a time to be fixed by the Board of Agriculture, be appointed in his place by the person and in the manner provided by this section with regard to the valuer or umpire in whose place he is appointed, and in default by the Board. A valuer or umpire appointed under this provision may adopt and act upon any valuation or proceeding agreed on or completed by the valuer or valuers or umpire previously acting. The provisions in this sub-section are taken from sect. 12 of the Copyhold Act, 1887, in which reference was made to "valuers' only; but by virtue of sect. 52 of the Copyhold Act, 1852, and sect. 49 of the Copyhold Act, 1887, the term "valuer" at that time included an umpire. (7.) Before a valuer or umpire enters on his valuation he shall, in the presence of a justice of the peace, make and subscribe a declaration in the form mentioned in that behalf in the first schedule to this Act. (8.) The declaration made by a valuer or umpire must be annexed to the valuation. (9.) If a valuer or umpire having made a declaration under this section wilfully acts contrary thereto he shall be guilty of a misdemeanor. Sub-sects. (7)-(9) replace sect. 28 of the Copyhold Act, 1852. For the right of a valuer or umpire to call for production of documents, and examine witnesses, see sect. 54, post; as to his entry on the land proposed to be dealt with, see sect. 92; and as to the penalty for obstructing a valuer or umpire, see sect. 93. considered by 6.-(1.) In making a valuation for the purpose of Circumascertaining the compensation for a compulsory enfran- stances to be chisement under this Act, the valuers shall take into valuers. account and make due allowance for the facilities for improvements, customs of the manor, fines, heriots, reliefs, Duties of valuers. quit rents, chief rents, forfeitures, and all other incidents whatsoever of copyhold or customary tenure, and all other circumstances affecting or relating to the land included in the enfranchisement, and all advantages to arise therefrom. Provided that they shall not take into account or allow for the value of escheats. This sub-section repeats the provisions contained in sect. 16 of the Copyhold Act, 1852, as amended by the provisions of sects. 4 and 5 of the Copyhold Act, 1887, with the exception that in sect. 4 of the Act of 1887 the escheat was expressed to be "escheat for want of heirs.” An escheat happens to the lord when a copyhold tenant dies intestate and without heirs. It is doubted whether a copyhold might not escheat for outlawry upon an indictment for a capital felony. The Act 54 Geo. III. c. 145, was not considered to apply to copyholds, and the same reasoning may apply to 33 & 34 Vict. c. 23, ss. 1 and 32. For decisions under the former Acts as to the circumstances which may be taken into account, see Lingwood v. Gyde, L. R. 2 C. P. 72; Arden v. Wilson, L. R. 7 C. P. 535; Reynolds v. Woodham Walter Manor (Lord of), L. R. 7 C. P. 639; Brabant v. Wilson, L. R. 1 Q. B. 44; and Padwick v. Tyndale, 1 E. & E. 184. (2.) The value of the matters to be taken into account in the valuation shall be calculated as at the date of the notice to enfranchise. This provision is not contained in any of the former Acts, but it makes no alteration, for the practice seems always to have been to value the matters as at the date of the notices. 7.-(1.) Valuers appointed for the purpose of ascertaining the compensation for a compulsory enfranchisement shall determine the value of the matters to be taken into account in the valuation at a gross sum of money. This provision is taken from sect. 11 of the Copyhold Act, 1887. (2.) If the valuers do not agree as to the compensation or any point arising in the valuation, the valuers or either of them may refer the whole matter or the point in dispute to the umpire. This sub-section repeats the provision contained in sub-sect. (d) of sect. 10 of the Copyhold Act, 1887. (3.) The valuers shall give their decision within fortytwo days after their appointment, or within such further time, if any, as the Board of Agriculture by order allow. This sub-section embodies provisions contained in sects. 8 and 9 of the Copyhold Act, 1858. (4.) If the valuers do not give their decision within the time allowed by or in pursuance of this Act, and do not |