26. (1) A certificate of charge under these Rules shall be under the seal of the Minister, and shall be countersigned by the person at whose instance the charge is made. (2) If the charge is by way of terminable annuity the certificate shall state the amount of the annuity and the term during which it is payable. (3) If the charge is for a principal sum and interest the certificate shall state the amount of the principal sum and the rate of interest, and shall contain a proviso declaring that the certificate shall be void on payment of the principal with any arrears of interest due thereon at a time specified in the certificate or at the expiration of an ascertained notice. (4) The manor or land charged by the certificate may be described by reference to the proceedings under these Rules in respect of which the charge is made, or otherwise as the Minister sees fit. (5) The certificate and the charge made thereby shall be transferable by endorsement on the certificate. (6) A certificate of charge taken by the lord of any manor or by the tenant or owner of any land shall not merge in the freehold or other estate in the manor or land unless the owner of the charge if by law entitled so to do, by endorsement on the certificate or otherwise, declares in writing his intention that the charge shall merge. (7) The owner for the time being of a certificate of charge shall have for the recovery of any sum in the nature of interest or periodical pay. ment becoming due under the certificate the like remedies as the owner of a compensation rentcharge under these Rules has in respect of his rentcharge, and shall also have, in respect of every sum whether in the nature of interest or periodical payment or principal sum secured by the certificate, the like remedies as a mortgagee by deed by way of legal mortage of freehold land has in respect of the principal sum and interest secured by his mortgage. (8) A certificate of charge and a transfer thereof may be in the forms contained in that behalf respectively in Part VI of these Rules or in forms to the like effect. 27. For facilitating the extinguishment of manorial incidents under these Rules the lord and the tenant respectively shall, in addition to any other information required by these Rules, furnish to the other and to the Minister any information in his possession, including any plan or map of the land affected, which the other or the Minister may reasonably require with a view to ascertaining what would be the proper amount of compensation. 28.-(1) Where the right to any manorial incidents is not vested in the lord but in some other person, these Rules shall in relation to such manorial incidents, have effect as if the person who on a sale would be able to dispose of those manorial incidents were substituted for the lord, and the manorial incidents were substituted for the manor. (2) Anything by these Rules required or authorised to be done by a lord or by a tenant may be done by him notwithstanding that his beneficial interest in the manor or land is a limited interest only. (3) Anything by these Rules required or authorised to be done by a lord or by a tenant may be done by him notwithstanding that he is a trustee or personal representative. (4) Where the lords or the tenants are trustees and one or more of the trustees is abroad or is incapable or refuses to act, any proceedings necessary to be done by the trustees under these Rules may be done by the other trustee or trustees, subject to the limitations imposed by law on a single trustee not being a trust corporation within the meaning of the Law of Property Act, 1925. (5) When a lord or a tenant or any person interested in an extinguishment or redemption or sale or other proceedings to which these Rules relate is an infant or a lunatic or defective, or is abroad or is unknown or not ascertained, anything by these Rules required or authorised to be done by or in respect of him shall be done on his behalf, if he is an infant and has a guardian, by his guardian, and if he is a lunatic or defective and there is a committee or receiver of his estate, by the committee or receiver, and if he is abroad and has an attorney authorised in that behalf, by his attorney, and in every other case by some fit person appointed by the Minister to represent him for the purposes of these Rules. 29. (1) A lord for the purposes of these Rules may act either on his own behalf, or by his steward, or may appoint an agent other than his steward. (2) Unless and until a lord has given to a tenant and to the Minister notice in writing that he intends to act on his own behalf, or has appointed an agent (to be named in the notice) other than his steward to act for him, the steward shall for the purposes of these Rules represent the lord in all matters of procedure, and the tenant and the Minister may treat the steward as the agent of the lord for the purpose of giving and receiving notices, and, except where these Rules expressly require a special authority from the lord, of making agreements, and of all other matters relating to proceedings under these Rules. 30.-(1) A lord or tenant or other person interested in any proceedings under these Rules may by power of attorney appoint an agent to act for him in the execution of these Rules. (2) The power of attorney must be in writing, and must be signed by the person giving it, or, if it is given by a corporation aggregate, be sealed or stamped with the seal of the corporation. (3) The power of attorney, or a copy thereof authenticated by the signature of two witnesses, must be sent to the Minister. (4) The appointment of an agent under this Rule may be revoked by the person who gave it sending to the Minister notice in writing, signed or sealed as the case requires, of the revocation. (5) When an agent has been appointed under this Rule and the agency is subsisting (a) everything which is by these Rules directed or authorised to be done by or in relation to the principal, may be done by or in relation to the agent; and (b) the agent may concur in and execute any agreement or application or document arising out of the execution of these Rules; and (c) every person shall be bound by the acts of the agent acting within his authority, as if they were the acts of the principal. (6) A power of attorney under this Rule may be in the form mentioned in that behalf in Part VI of these Rules or in a form to the like effect. 31. Proceedings under these Rules shall not abate by the death of the lord or tenant pending the proceedings. 32. All rights conferred and all liabilities imposed by these Rules on a lord or on a tenant shall be held to be conferred and imposed respectively on the successors in title of the lord and tenant unless a contrary intention appears. 33.—(1) The Minister may if he thinks fit required the lord or his steward to make a statutory declaration in such form as the Minister directs, stating who are the persons for the time being filling the character or acting in the capacity of lord, the nature and extent of the estate and interest of the lord in the manor, and the date and short particulars of the deed, will, or other instrument under which he claims or derives the title, and the name and style of the person in whose name the court of the manor was last holden, and the date of the holding of that court, and the incumbrances, if any, affecting the manor, and the Minister may accept a declaration made under this Rule for the purposes of these Rules. (2) If the lord or his steward does not make a declaration which he is required to make in pursuance of this Rule, or if in the opinion of the Minister the declaration does not fully and truly disclose all the necessary particulars, or if the lord refuses to give any evidence which the Minister thinks proper and necessary to show a satisfactory prima facie title in the lord, or if the Minister thinks that the incumbrancers should be protected, the Minister may, if he thinks the justice of the case requires it, direct the compensation where it is a gross sum to be paid into Court or to trustees in manner directed by these Rules. 34. On an extinguishment to which these Rules apply (1) Where the identity of any land cannot be ascertained to the satis. faction of the valuer, if the quantity of the land is mentioned in the court rolls of the manor, and is therein stated by be in statute measure, the land shall be taken to be of that quantity, and in every other case the quantity shall be determined by the valuer ; (2) Where the land is not defined by a plan on the court rolls the valuer shall, if requested in writing by the lord or the tenant, define the boundaries of the land by a plan; Provided that a plan shall not be so made by the valuer, except by agreement between the lord and tenant, where it appears by the court rolls or otherwise that the boundaries of the land have been for more than fifty years last past treated as being intermixed with the boundaries of other lands and as being incapable of definition; (3) Where, after the appointment of a valuer, there is any doubt or difference of opinion as to the identity of any land, the lord or tenant may apply to the Minister to define the boundaries of the land for the purposes of the extinguishment, and the Minister shall ascertain and define the boundaries in such manner as he thinks proper; (4) Where any land subject to any manorial incidents is intermixed with, or held or occupied together with other land, and the land subject to the manorial incidents cannot be identified on the Ordnance Survey map by the description thereof on the rolls of the manor, or otherwise, it shall be lawful for the Minister on the application in writing of the lord or the tenant by order to declare what part of the land so intermixed, or held or occupied together, shall be, or be deemed to be, the land subject to the manorial incidents in question, and to determine and declare the situation and boundaries thereof, and on such order being made, the land described in such order shall be, or be deemed to be, the land subject to the manorial incidents in question, and such land shall, if the lord or tenant so desire, be defined by reference to the Ordnance Survey Map. (5) A plan made under this Rule and approved by the Minister and a definition of boundaries by the Minister under this Rule shall be conclusive as between the lord and the tenant. 35. If any objection is made or question arises in the course of the valuation in a compulsory extinguishment in relation to any alleged custom, or the evidence thereof, or any matter of law or fact material to the valuation or arising on the extinguishment, the lord or tenant may require in writing that the question be referred to the Minister, and the Minister shall inquire into and decide the question. 36.-(1) The Minister or valuer may, for the purposes of these Rules, by summons under the seal of the Minister (a) call for the production, at such time and place as the Minister appoints, of any court rolls or copies of court roll, or any books, deeds, plans, documents or writings relating to any matter before them, in the possession or power of any lord or tenant or steward; and (b) summon to attend as witness any lord or tenant or other person. (2) The Minister or valuer may examine any witness on oath and may administer the oath necessary for that purpose. (3) A lord or tenant summoned under this Rule shall not be bound to answer any question as to his title. (4) If any person summoned under this Rule, to whom a reasonable sum has been paid or tendered for his expenses, without lawful excuse neglects or refuses to attend, or to give evidence, or to produce a document in pursuance of the summons, he shall be liable on summary conviction to a fine not exceeding five pounds. (5) If any person wilfully destroys or alters any document of which the production is required under this Rule, he shall be guilty of a mis demeanour. 37. The Minister may, if he thinks fit, order that the expenses of any inquiry by the Minister under these Rules, including the expenses of witnesses and of the production of documents, be paid by such of the parties to the inquiry and to such person, and in such proportions, as the Minister thinks proper. 38.-(1) Where, in the course of an extinguishment it is found that a manor, or the lord's estate and interest in the manorial incidents affected by the extinguishment, is subject to the payment of a fee-farm rent or to any other charge, the Minister may, on the application of the person for the time being bound to make the payment or defray the charge, by order under his seal, direct that the rent or charge shall be a charge on any freehold land specified in the order of adequate value and held under the same title as the manor or such estate and interest as aforesaid respectively, or on an adequate amount of Government stocks or funds to be transferred into Court by the direction of the Minister or into the names of trustees appointed by the Minister. (2) From and after the sealing of the order the manor and such estate and interest as aforesaid shall be discharged from the rent or charge, and the rent or charge shall be a charge on the land or the funds specified in that behalf in the order. (3) There shall by virtue of these Rules be attached, so far as the nature of the case will admit, to every charge under this Rule the like remedies, as against the land or funds made subject thereto, for the recovery of the amount charged as might have been had in respect of the original charge. 39.-(1) A notice required or authorised by these Rules to be given to any person must be given in writing and may be given (a) by leaving it at his usual or last known place of abode or business in Great Britain or Northern Ireland; or (b) by sending it by post in a registered letter addressed to him at that place; or (c) where he is a tenant of any premises, by delivering the notice or a true copy of it to some person on the premises, or if there is no person on the premises to whom it can be delivered with reason. able diligence, by fixing it on some conspicuous part of the premises. (2) Where a notice is required by these Rules to be given by the Minister or a valuer and no other mode of giving the notice is directed, the notice may be either in the name of the Minister or valuer, as the case may be, or on their behalf respectively in the name of any person authorised by the Minister to give notices. 40.-(1) A valuation or power of attorney under these Rules shall not be chargeable with stamp duty. (2) Where manorial incidents have been extinguished before the first day of January nineteen hundred and thirty-six by agreement or notice the agreement, determination of compensation, compensation charge or certificate of charge shall not be charged with stamp duty, but subject to this provision a certificate of charge under these Rules and a transfer thereof shall be chargeable with the like stamp duty as is chargeable in respect of a mortgage and a transfer of mortgage respectively. 41.-(1) Where manorial incidents have been extinguished before the first day of January nineteen hundred and thirty-six by agreement or by notice, the Minister shall not require the payment by either party of any office fees or other expenses of the Ministry, except in the case of an application to the Minister which the Minister considers to be unnecessary or unreasonable. (2) Subject as aforesaid the Minister may require the payment of all office fees and other expenses of the Minister from either lord or tenant requesting the delivery of any instrument executed by the Minister under these Rules before delivering it. 42. (1) The Minister may at any time if he thinks fit, on the application of any person interested in any instrument made or executed or having effect under these Rules, correct or supply any error or omission arising from inadvertence in that instrument. (2) Before making an alteration under this Rule the Minister shall give such notice as he thinks proper to the persons affected by the alteration. (3) An alteration shall not be made in an instrument relating to a voluntary extinguishment without the consent in writing of the person affected by the alteration. (4) Subject to the provisions in these Rules as to the expenses of the Minister, the expenses of and incidental to an application under this Rule shall be paid by the persons interested in the application or some of them if and as the Minister directs. 43.-(1) The execution by the Minister of a compensation agreement under these rules shall be conclusive evidence of the due fulfilment of all the requirements of these rules with respect to proceedings to be taken before the execution. (2) Any instrument made or issued under these Rules shall not be impeached by reason of any omission, mistake, or informality therein or in any proceedings relating thereto, or of any want of any notice or consent required by these Rules or of any defect or omission in any previous proceedings in the matter of the extinguishment. 44. The Minister shall frame and cause to be printed forms of notices and agreements and such other instruments as in his judgment will further the purposes of these Rules, and shall supply any such form to any person who requires it or to whom the Minister thinks fit to send it, for the use of any lord or tenant desirous of putting these Rules into execution. 45. (1) An order or proceeding under these Rules by, or before, or under the authority of the Minister or a conviction under these Rules shall not be quashed for want of form, and shall not be removed by certiorari or otherwise into the High Court or any other court. (2) All decisions or orders of the Minister made under these Rules shall be final, subject only to such appeal to the court within the meaning of the Law of Property Act, 1922, as may be prescribed by rules of court. PART IV. Application of Rules to Special Manors. 46.-(1) These Rules shall extend to manors or lands vested in His Majesty in right of the Crown, or of the Duchy of Lancaster, or in right of the Duchy of Cornwall or possessions thereof, or in the Duke of Cornwall for the time being, for any estate, whether in possession, reversion or remainder; and as respects (a) land belonging to His Majesty in right of the Crown, the Commissioners of Crown Lands; (b) land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; (c) land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints; shall, for the purposes of these Rules, be entitled to act in the name and on behalf of His Majesty or of the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall, as the case may be. (2) Anything contained in these Rules shall not extend to or affect any condition, stipulation or restriction imposed by the Commissioners of Works under the Law of Property Act, 1922, for the protection of any royal park or garden. 47.-(1) The Keeper of Land Revenue Records and Inrolments shall, for the purpose of preserving a record of extinguishments under these Rules of manorial incidents affecting land held of manors vested in His Majesty, provide a book in which shall be entered a memorial of every compensation agreement of determination in relation to any such land, and of every grant of a rentcharge on the extinguishment and of every conveyance of land purchased with the compensation money. (2) The memorial, where the instrument operates as a conveyance of land, shall be accompanied by a plan of the land. (3) The memorial of any instrument under this Rule shall be signed by one of the parties to the instrument. (4) An instrument of which a memorial is required to be enrolled under this Rule shall not take effect until there has been written thereon a certificate signed by the Keeper of Land Revenue Records and Inrolments, or by any person acting as his deputy or assistant, that a memorial thereof has been lodged at the office of Land Revenue Records and Inrolments. (5) A certificate purporting to be signed by the Keeper of Land Revenue Records and Inrolments, or by any person acting as his deputy or assistant. shall be admissible as evdence of the facts stated therein. (6) A copy of the inrolment of the memorial purporting to be signed and certified to be a true copy by the Keeper of Land Revenue Records and Inrolments, or by any person acting as his deputy or assistant, shall be admissible as evidence of the deed or instrument or facts referred to in the memorial. (7) The Treasury may direct what reasonable fees shall be paid in respect of an inrolment under this provision, and fees paid for an inrolment shall be deemed to be expenses of the extinguishment in respect of which the inrolment is made. 48. Where land affected by manorial incidents proposed to be extin guished under these Rules with respect to compulsory extinguishment is held of a manor in which an ecclesiastical corporation is interested in possession or reversion, the Ecclesiastical Commissioners shall have notice of the proceedings, and shall have the like power of expressing assent to or dissent from the proceedings as is provided by these Rules with respect to a person beneficially entitled in reversion or remainder, and these Rules with respect to the notice and the proceedings thereon, shall apply accordingly. 49.-(1) Any compensation money to be paid under these Rules for the use of any spiritual person in respect of his benefice or cure may at the option of the lord be paid to Queen Anne's Bounty, and the receipt of the treasurer shall be a sufficient discharge. (2) Money paid under this Rule shall be applied by the Bounty as money in their hands appropriated for the augmentation of the benefice or cure, as the case may be. 50. Where on an extinguishment under these Rules it appears to the Minister that if the land had not been enfranchised an enfranchisement might have been effected under the Episcopal and Capitular Estates Act, 1851, or any Act amending the same (a) the compensation for the extinguishment shall be paid and applied in like manner as if the extinguishment had been an enfran. chisement effected under the said Episcopal and Capitular Estates Act and the Acts amending the same; and (b) the Church Estates Commissioners and Ecclesiastical Commissioners respectively shall have the same powers over the compensation money and the interest thereon, and over any land, rentcharges or securities acquired in respect of the extinguish. ment, and over or against any ecclesiastical corporation interested therein respectively, as they would have had if the extinguishment had been an enfranchisement effected with the consent of the Church Estates Commissioners under the said Acts; Provided that where an ecclesiastical corporation or the Ecclesiastical Commissioners have only a reversionary interest in the manorial incidents extinguished, the compensation, if it is a gross sum, shall be paid into Court or to trustees, and applied under these Rules accordingly until the time when the reversionary interest would if it were not extinguished have come into possession, and the consideration money and the investments thereof shall then be paid or transferred to the Church Estates Commissioners as persons absolutely entitled thereto. 51.-(1) Where a corporation, or any person, lord of a manor held on a charitable trust within the provisions of the Charitable Trusts Acts, 1853 to 1891, is not authorised to make an absolute sale otherwise than under those Acts or the Settled Land Act, 1925, the compensation payable to the lord for an extinguishament or for the redemption or sale of a rentcharge under these Rules may at the option of the lord be paid to the Official Trustees of Charitable Funds in trust for the charity. (2) Any principal money paid to the Official Trustees under this Rule shall be applied by them under the order of the Charity Commissioners for the like purposes as if it had been paid into Court under these Rules, and in the meantime the money shall be invested, and the income of the investments applied, under the provisions of the said Charitable Trusts Acts with respect to charitable funds paid to the Official Trustees. 52. Any compensation to be paid under these Rules to the use of a corporation, lord of a manor, other than a manor held for charitable purposes within the meaning of the Charitable Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855, may at the option of the lord be paid to trustees appointed by the Minister for the purposes of these Rules. 53. Where any manor belonging to any university or college to which the Universities and College Estates Act, 1925, applies is held by any person on a lease for years terminable by notice on the dropping of a life or lives, or for a term of years granted by any such university or college, that university or college and lessee shall jointly constitute the the lord of the manor within the meaning of these Rules, and any rentcharge created under these Rules on the extinguishment of manorial incidents affecting land held of that manor shall be in favour of, and the compensation for the extinguishment may be paid to, the person who at the date of the extinguishment is entitled in possession to the profits of the manor, his executors and administrators, but without prejudice to any question as to the further disposal of any money paid in respect of the rentcharge or other compensation respectively. Provided that any part of the rentcharge representing an instalment of principal shall be invested by the person receiving the same, and also that on the determination of such lease as aforesaid any money so received or any securities in which the same may have been invested shall be paid or applied as capital money is directed to be paid or applied by the Universities and College Estates Act, 1925. 54. In the case of a manor in which the fines are certain, and in which, before the commencement of the Law of Property Act, 1922, it was the practice for copyholders to grant derivative interests to persons who were admitted as copyholders of the manor in respect of those interests, or where by virtue of that Act or by the Law of Property Act, 1925, legal estates derived out of the fee simple are created for giving effect to former equitable interests, these Rules shall apply, subject to the following modifications: (a) The derivative interests and the fee simple subject thereto shall be treated separately, and the person entitled to or having power on a sale to dispose of each separate interest shall (save as other. wise provided by these Rules) only be liable to pay compensation for the extinguishment of manorial incidents to the extent to 55.-(1) The Minister may by order under his seal direct that a part of a manor specified in the order shall be considered as a manor for the purpose of effecting an extinguishment under these Rules, and these Rules shall apply accordingly. (2) An order shall not be made under this Rule for the purposes of a voluntary extinguishment without the consent of the lord in writing under his hand and seal. 56. The Minister shall in every year make a general report of his proceedings in the execution of these Rules, and the report shall be laid before both Houses of Parliament as soon as may be after it is made. 57.-(1) The Minister may delegate to any officer of the Ministry any of his powers under these Rules except the power to confirm agreements or determine compensation or to frame forms, or to do any act required by these Rules to be done under the seal of the Minister. (2) The powers so delegated shall be exercised under such regulations as the Minister directs. (3) The Minister may recall or alter any power delegated under this Rule, and may, notwithstanding the delegation, act as if no delegation had been made. (4) All acts done by an officer of the Ministry lawfully authorised in pursuance of this Rule shall be obeyed by all persons as if they proceeded from the Minister, and the non-observance thereof shall be punishable in like manner. 58.-(1) An officer of the Ministry and a valuer appointed under these Rules and their agents and servants respectively, may enter on any land proposed to be dealt with under these Rules and may make all necessary measurements, plans, and valuations of the land. (2) A person before entering on land under this Rule must give reason. able notice of his intention to the occupier of the land. (3) If a person does any injury in the execution of the powers of this Rule he shall make compensation therefor. 59. If any person obstructs or hinders an officer of the Ministry or a valuer acting under these Rules, he shall be liable on summary conviction to a fine not exceeding five pounds. 60.-(1) In these Rules unless the context otherwise requires The expression "ecclesiastical corporation" means an ecclesiastical corporation within the meaning of the Episcopal and Capitular Estates Act, 1851, and the Acts amending the same : The expression "heriot includes a money payment in lieu of a heriot : The expression "lord " includes the person for the time being filling the character of or acting as lord whether lawfully entitled or not, and, where the context so requires, means any person having power to effect a compensation agreement in right of the manorial incidents : The expression "includes a reputed manor: manor The expression "Minister means the Minister of Agriculture and Fisheries: The expression steward" includes a deputy steward and a clerk of a manor and any person for the time being filling the character of or acting as steward whether lawfully entitled or not: 66 The expression tenant means the person in whom the land enfranchised under Part V of the Law of Property Act, 1922, is thereby or by the Law of Property Act, 1925, or the Settled Land Act, 1925, made to vest and the persons deriving title under him, and includes the person entitled to the legal estate in or the possession of any other land subject to manorial incidents, whether or not those incidents have been severed from the manor. (2) Where under the Law of Property Act, 1922, the period of ten years from the commencement of that Act has by order of the Minister been extended in respect of a manor any reference in these Rules to the said period of ten years or to the first day of January, nineteen hundred and twenty-six, shall be construed in respect of that manor as if the extended period and the date of its expiration had been substituted for the said period and date. 61. Nothing in these Rules shall interfere with any extinguishment which may be made independently of these Rules or with the exercise of any powers contained in any Act of Parliament. 62. Nothing in these Rules shall affect any right acquired in pursuance of registration under the Land Registry Act, 1862, or the Land Registra. tion Act, 1925, except to such extent as may be recorded by registration in pursuance of those Acts. thereon this certificate shall be void. In witness whereof the Minister has caused his Official Seal to be hereunto affixed this day of 19 " SCHEDULE. [Property charged.] 3. Certificate of Charge for Annual Instalments. The Minister of Agriculture and Fisheries hereby certifies that the property mentioned in the schedule to this certificate is charged with the payment to A.B. and the persons deriving title under him of the sum of pounds to be paid by twenty equal annual instalments, the first instalment to be paid on the first day of January nineteen hundred and with interest on the said sum at per cent. per annum as from the hundred and nineteen day of and the subsequent annual instalments to be paid on the first day of January in each subsequent year with interest at the rate aforesaid on the capital amount outstanding. In witness whereof the Minister has caused his Official Seal to be hereunto affixed this I, A.B., of day of 19 (1) In fine arbitrary cases where a fine is payable on alienation by, as well as on the death of, a tenant, the compensation for fines shall not exceed the number of years' annual value of the land according to the age of the tenant as set forth in the table annexed to this scale. (2) The table is calculated on the principle that a fine based on two years' annual value is payable on each change of tenancy; therefore, in those manors in which the customary fine on alienation by, or on the death of, a tenant, is based on more or less than two years' annual value, a proportionate increase or reduction shall be made in the amount of the compensation. (3) In estimating the annual value of the land, no deduction shall be made for land tax or landlord's property tax, but the quit rent shall be deducted, and, where there are buildings, allowance shall be made for keeping the buildings in repair. In default of agreement the gross annual value of the land as separately assessed for the purposes of Schedule A of the Income Tax Act, shall (save as hereinafter provided and unless the Minister for any special reason otherwise directs) be used as the basis for ascertaining the annual value: Provided that either party may in any case require the annual value to be assessed by an agreed valuer or by a valuer appointed by the Minister. (4) Where there are facilities for improvement or the land has a present or prospective building value, one twentieth part of the capital value of the land as freehold to be determined (in default of agreement) by a valuer appointed by the Minister, shall be used as a basis for ascertaining the annual value. Fines Certain. (5) In fine certain cases where a fine is payable on alienation by, as well as on the death of, a tenant, the compensation for fines shall be calculated by multiplying the amount of the fine by one half of the number of years' purchase given in the table according to the age of the tenant. Reliefs. (6) The amount of compensation for a relief shall be circulated in like manner as a fine certain. Heriots. (7) The compensation for a heriot payable on alienation by, as well as on the death of, a tenant, shall be calculated by multiplying the value of the heriot by one half of the number of years' purchase given in the table according to the age of the tenant. (8) The value of a heriot shall be ascertained from the average value of the last three heriots taken or paid in respect of the land enfranchised. If that information cannot be obtained without undue expense the follow. ing circumstances shall be taken into account in fixing the value of the heriot, namely, the nature of the heriot, the character and value of the land, the condition in life of the tenant, and whether the heriot can be seized without as well as within the manor. When Fine or Heriot payable only on one of the Events of Alienation or Death. (9) The table being calculated on the assumption that fines and heriots are payable both on alienation inter vivos by a tenant and on his death, when a fine, whether arbitrary or certain, or a heriot, is payable only on one of those events, then only one half of the compensation calculated as previously directed shall be given. When Fine or Heriot payable on Death of Lord. (10) In manors in which fines or heriots are payable on the death of the lord, as well as on alienation by, or on the death of a tenant, the compensation on the extinguishment of manorial incidents shall be increased according to the nature and amount of the customary fine or heriot pay. able in the manor on the death of the lord. Quit Rents and other Annual Payments. (11) The compensation for quit rents, free rents, and other annual rents, services, or payments, shall be calculated at 20 years' purchase. Timber. (12) Compensation for timber shall be ascertained as follows:-Where by a special custom of the manor the lord could enter upon the land, and cut and carry away the timber without the consent of the tenant, its whole value, after making a sufficient allowance for repairs, shall be given to the lord. But where there is no special custom, so that the ordinary law of copyholds would be applicable and therefore the lord could not enter and cut without the consent of the tenant, one half only of its value, after making a sufficient allowance for repairs, shall be given. If there be any other special custom in the manor relating to timber, such custom shall be regarded. Other Incidents. (13) The compensation for forfeitures and all other incidents of copyhold tenure extinguished or not saved by virtue of the Law of Property Act, 1922, and not otherwise provided for shall be twenty per cent. of the annual value of the land ascertained as provided in paragraphs (3) and (4) or where the copyhold interest liable to forfeiture is less than a customary fee simple or is subject to a lease binding on the lord twenty per cent. of the annual value of such copyhold interest to be ascertained in such manner as the Minister may determine to be proper. This paragraph extends to forfeitures, whether or not for the conveyance or attempted conveyance of an estate of freehold in the land or for alienation without licence by way of sale, lease, mortgage, or otherwise : Provided that where by the custom of the manor the tenant has had an unrestricted right of demising and otherwise dealing with the land without the licence of the lord no compensation shall be payable under this paragraph unless the Minister otherwise determines; and where the unrestricted right relates to part only of the land the compensation shall be adjusted accordingly. Perpetually Renewable Copyholds. (14) In the case of perpetually renewable copyhold land the compensation for the extinguishment of the manorial incidents payable on renewal shall be 20 years purchase of the yearly rent (including additional rent) which would have been payable under the 15th Schedule to the Law of Property Act, 1922, if that Schedule were applicable, and until the incidents are extinguished the said rent (including as aforesaid) shall be payable as a quit or free rent in respect of the land, and except in so far as the same shall have been paid shall be added to the compensation. Escheat and other Rights reserved. (15) The right of escheat being abolished for the benefit of the Crown, or the Duchy of Lancaster or the Duke of Cornwall, its value is not to be taken into consideration. If any rights reserved to the lord by the Twelfth Schedule to the Law of Property Act, 1922, are acquired by the tenant the amount of the compensation therefor shall be ascertained by agreement. When Land held by Joint Tenants or on behalf of Tenants in Common. (16) In the case of an extinguishment of manorial incidents by joint tenants, the compensation for fines, and heriots, if any, shall be based upon such a single life as may be equivalent to the expectation of survivorship of the joint lives according to the rules and tables appended to the Succession Duty Act, 1853. This provision shall apply to an extinguishment of manorial incidents by trustees for sale (whose expectation of survivorship shall be taken into account) on behalf of persons interested as co-parceners or tenants in common in the net proceeds of sale. Interest. Where the compensation to the Lord Does not exceed £1. Exceeds £1 but does not exceed £5. Exceeds £5 but does not exceed £10. Exceeds £10 but does not exceed £15. Exceeds £15 but does not exceed £20. Exceeds £20 but does not Exceeds £25 but does not For every additional £25 In fine certain cases. Where the compensation to the Lord Does not exceed 12s. For every additional £15 Amount of compensation to the steward. 1. A steward appointed after the twenty-ninth day of June, nineteen hundred and twenty-two, shall not be entitled to compensation for loss of office. 2. Where the compensation agreement, or notice to ascertain the compensation, relates to more than one tenement, the steward's compensation shall be calculated on the amount of the compensation payable to the lord under the agreement or notice. 3. The remuneration of solicitors in connexion with the extinguishment of manorial incidents shall from time to time be prescribed and regulated by general orders made by the Committee in England constituted or nominated under section two of the Solicitors Remuneration Act, 1881, and that the Act shall apply accordingly, and, if any dispute arises as to costs or expenses, the same shall be taxed by the registrar of the county court. 4. Where the lord is a solicitor, he shall, if he acts for himself, be entitled to costs and expenses in place of the steward, but (there being no steward) not to any steward's compensation unless otherwise agreed. PART IX. Short Title, Commencement and Application. 66. (1) These Rules shall come into operation on the first day of January, nineteen hundred and twenty-six, and may be cited as the Manorial Incidents (Extinguishment) Rules, 1925. (2) These Rules do not extend to Scotland or Ireland. RENEWABLE LEASEHOLDS THE RENEWABLE LEASEHOLDS REGULATIONS, 1925, dated AUGUST 1. For the purposes of paragraph 12 (6) of the Fifteenth Schedule to the Law of Property Act, 1922, as amended by the Law of Property (Amendment) Act, 1924, five per cent. shall be the prescribed percentage applicable generally except where the Minister in any particular instance with a view to maintaining any existing practice prescribes any other percentage. 2. (1) Where any question or dispute is under paragraph 16 of the Fifteenth Schedule to the Law of Property Act, 1922, submitted to the Minister of Agriculture and Fisheries for determination, the matter shall be determined under and in accordance with the provisions of the Arbitration Act, 1889, and (a) unless either party to the arbitration shall, within seven days after receipt of a written notice by the Minister that he proposes that a person to be appointed by him shall act as arbitrator, give notice in writing to the Minister that he objects to such proposal, the Minister may appoint an officer of the Ministry of Agriculture and Fisheries or other person to act as the arbitrator, in which case the award made by the person so appointed shall be deemed to be an award by the Minister; or (b) the Minister may appoint any officer of the Ministry or other person to hear on his behalf the parties or their solicitors or counsel and the witnesses in the arbitration and to report thereon to the Minister to enable him to make an award, and for the purposes of or in connection with such hearing the person appointed shall have all the powers of an arbitrator. (2) If any person appointed to act under this Regulation shall die or in the judgment of the Minister become incapable or unfit the Minister may appoint another person to act in his place. (3) The remuneration of any person, other than an officer of the Ministry, who is appointed to act under this Regulation shall be fixed by the Minister. (4) The submission of any question or dispute to the Minister for determination shall be in writing signed by or on behalf of the party submitting the same and shall set out the question or dispute to be determined. Provided that the submission may, with the sanction of the Minister or any person appointed by him to act under this Regulation, be amended or varied on such terms as to payment of costs or otherwise as the Minister or such person as aforesaid may determine. (5) These Regulations shall come into operation on the first day of January, Nineteen hundred and twenty-six, and may be cited as the Renewable Leaseholds Regulations, 1925. (6) These Regulations do not extend to Scotland or Ireland. In witness whereof the Official Seal of the Minister of Agri- REDEMPTION OF RENT RULES 1925 THE REDEMPTION OF RENTS RULES, 1925, dated JULY 30, 1925, made by the MINISTER OF AGRICULTURE AND FISHERIES under the powers vested in him by SECTION 191 (9) of the LAW OF PROPERTY ACT, 1925 (15 Geo. 5, c. 20). The Minister of Agriculture and Fisheries in exercise of the powers conferred upon him by sub-section (9) of section 191 of the Law of Property Act, 1925, and of every other power enabling him in this behalf hereby makes the following Rules for regulating proceedings to be taken under the said section and as to the manner in which costs of such proceedings are to be borne by the respective parties. In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this thirtieth day of July, Nineteen hundred and twenty-five. (3) The names and addresses of the trustees, if any, under such instrument; and (4) the incumbrances, if any, affecting the rent. 6. The costs of proceedings for the redemption or apportionment under the said section of any compensation rentcharge created as the consideration for the extinguishment of manorial incidents shall be dealt with on the same footing as the expenses incurred in redeeming a mortgage; and the costs of proceedings for the redemption or apportionment of any other rent under the said section shall be borne by the person making the requisition or application, unless the Minister considers that the conduct of the other party has been unreasonable or that that party has unreasonably refused a proposal made by the person making the requisition or application, in which case the Minister may disallow the payment of the whole or any part of the costs incurred as the Minister may consider just. 7. (1) These provisions shall come into operation on the first day of January, nineteen hundred and twenty-six, and may be cited as the Redemption of Rents Rules, 1925. (2) These provisions do not extend to Scotland or Ireland. PART II.-MINISTRY OF AGRICULTURE AND FISHERIES. Forms of Requisition for Redemption and Application for Apportionment. FORM A. REDEMPTION OF A RENT UNDER SECTION 191 OF THE LAW OF PROPERTY ACT, 1925. Requisition by Owner of Land or a Person interested therein. Whereas a rent amounting to per annum issues out of the lands described in Part I. of the Schedule hereto. Now I, being the owner of the said lands or a person interested therein, do hereby require the Minister of Agriculture and Fisheries to certify the amount of money in consideration whereof the said rent may be redeemed (or the part of the said rent to be apportioned on the lands described in Part II. of the Schedule hereto may be redeemed). Dated this day of THE SCHEDULE. PART (1). Short description of Lands charged with the Rent. 192 Signature and Address. Date and short particulars of instrument creating the Rent. SCHEDULE. PART I. 1. (1) A requisition by the owner of any land or any person interested in such land made under Section 191 of the Law of Property Act, 1925, to the Minister of Agriculture and Fisheries (hereinafter called the Minister") shall be in the form A 'set forth in Part II. of this Schedule or to the like effect. (2) The rents to which such requisitions are applicable are- (a) a quit rent, chief rent or other annual or periodical sum issuing out of land; or (b) a rent reserved on a sale, or made payable under a grant or licence (not operating as an agreement for a lease or tenancy) for building purposes; or (e) a compensation rentcharge created as the consideration for the extinguishment of manorial incidents. 2. Where any person interested in the whole or any part of the land affected by the rent to which the requisition relates desires to effect a dis charge of part of the land, and the remainder of the land is not exonerated or indemnified from the rent by means of a charge on the aforesaid part, and an application is made by any such person to the Minister under subsection (7) of the said section the application shall be in the form B set forth in Part II. of this Schedule, or to the like effect. 3. Any requisition or application by a corporation to which these Rules apply may be signed by the secretary or the clerk of the corporation, and in any other case may be signed by the owner or person interested in the land or part thereof or by his solicitor or by any other person authorised in that behalf. 4. (1) Any person requiring the Minister under the said section to certify the amount of money in consideration whereof a rent may be redeemed shall serve a copy of his requisition on the person entitled to the rent and any applicant to the Minister under the said section for an apportonment of a rent shall serve a copy of his application on the person entitled to the rent and on each person, other than the applicant, who is interested in the land out of which the rent issues or any part of such land. (2) A copy of a requisition or application by these Rules required to be served on any person shall be sufficiently served (a) by leaving the copy at the usual or last known place of abode or business in the United Kingdom of such person; or (b) by sending the copy by post in a registered letter addressed to such person at that place unless the letter is returned through the post office undelivered; or (c) where service cannot be effected in manner aforesaid by such other mode of service as the Minister may direct. 5. For the purposes of any proceedings under the said section the Minister may accept as sufficient evidence of the title to the rent a statutory declaration by the person in receipt of the rent or his solicitor stating (1) the nature and extent of such person's estate and interest in the rent; (2) the date and short particulars of the instrument under which his estate or interest is derived; PART (2). Short description of Lands proposed to be discharged from the Rent. 1. State the name and address of the owner of the rent. 2. State the name and address of the collector of the rent. 3. State whether the rent is (a) a quit rent, chief rent or other annual or periodical sum; or (b) a rent reserved on a sale or made payable under a grant or licence (not operating as an agreement for a lease or tenancy) for building purposes; or (c) a compensation rentcharge created as the consideration for the extinguishment of manorial incidents. 4. Is the rent perpetual or terminable? If terminable, state the period for which it is payable and the date on which it terminates. 5. Is the rent payable yearly, half-yearly, or otherwise? 6. State the nature of the interest in the land of the person making this requisition. 7. Has a copy of this application been served on the person entitled to the rent in accordance with paragraph 4 of Part I. of the Redemption of Rents Rules, 1925 ? Note.-Section 191 of the Law of Property Act, 1925, does not apply to tithe rentcharge or a charge or other payment redeemable under the Tithe Acts, 1836 to 1918, or to a rent reserved by a lease or tenancy. FORM B. APPORTIONMENT OF A RENT UNDER SECTION 191 OF THE LAW OF PROPERTY Аст, 1925. Application by a Person interested in the whole or a Part of the Land. Whereas a rent amounting to per annum issues out of the lands described in Part I. of the Schedule hereto; And whereas I, the undersigned, of being interested in the whole or a part of the land affected by the said rent desire to effect a discharge of the part of the land described in Part II.. of the said Schedule ; And whereas the remainder of the land is not exonerated or indemnified from the rent by means of a charge on the aforesaid part; Now I do hereby apply to the Minister of Agriculture and Fisheries to apportion by a certificate the said rent between the part of the land |