Meetings may be called of

lords or tenants of manors, on twenty-one days' notice,

for the pur

ing on terms

of commuta

tion.

XIII. And be it enacted, that any lord or lords of any manor whose interest shall not be less than one-fourth of the whole annual value of such manor, or any tenant or tenants of any manor to the number of ten, or when there shall not be so many pose of agree- tenants as ten, then one-half of the tenants of such manor, may call a meeting of the lords and tenants of such manor, by notice thereof in writing under his or their hands, to be affixed at least twenty-one days before such meeting on the principal outer door of the church of the parish within the limits of which the said manor or the greater part thereof in value extends, or on the door or on some conspicuous part of some house or building wherein the courts for the said manor are usually held, and to be twice at least within such twenty-one days inserted in some newspaper (or once in each of two newspapers published in successive weeks) generally circulated in the county within which the said manor or the greater part thereof in value extends, for the purpose of making an agreement for the general commutation of the rents, fines, and heriots thereafter to become due in respect of lands holden of such manor, and of the lord's rights in timber; and every lord and tenant attending such meeting shall bear his own expences of attendance ; and the lord and tenants who shall be present at ings the lord any such meeting called as aforesaid, such tenants not being less in number than three-fourths of the number of the tenants of such manor, and the interest of the lord and the interest of the tenants in the manor and

At such meet

and three

fourths in

tenants and

three-fourths

in value of the lands respectively not being less than three-fourths of the interest in the value thereof respectively, agree on terms computing the interest of tenants as herein-after is

interests in the manor may

commutation of rents, fines,

provided, may proceed to make and execute such for the general an agreement as is herein-after mentioned for the commutation of the rents, fines, and heriots there- &c. after to become due in respect of the lands holden of the said manor, and of the lord's rights in timber; and if expressly agreed between such lord and tenants, the commutation may be made to extend to rights in mines and minerals, but otherwise shall not extend to or affect such rights; and thereupon such agreement shall be reduced into writing, and a memorandum or minute thereof shall be signed by the persons so agreeing to such commutation, or by their respective agents.*

XIV. And be it enacted, that such agreement Terms on which agreefor a commutation of the rights of the lord may be ments may be for the payment of an annual sum by way of rent- made. charge, and of a small fixed fine 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 Commutation Rent-charge in and by the said Act for the Commutation of Tithes in England and Wales; and the amount of every such

*It will be better for tenants, where they have the power, to commute for the lord's rights in mines and minerals, however valueless in some instances such rights may appear in such cases the commutation sum would be but trifling; and there is some satisfaction (if nothing more) in feeling that one's lands are, in truth, free.

rent-charge may be specifically stated in such agreement, or separate rent-charges 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 herein-after mentioned to such an amount per centum as shall be therein expressed, or that such separate rent-charges as aforesaid shall be 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 rentcharge, 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; bút 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

herein-after 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 herein-after provided for; and such agreement may fix a scale of fees to be payable to the steward froin and after the confir- Steward's mation of the apportionment, but so nevertheless as compensation. not to effect 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, and confirmed in manner herein-after mentioned, shall be binding on all persons interested in such manor or lands.*

XV. And be it enacted, that such agreement for Commutation a commutation of the rights of the lord as aforesaid may take place

*The only objection which a lord desirous of commuting his rights can have to this measure is, the uncertainty which hangs over the long-debated question of the corn-laws. Opinions are so conflicting with regard to the merits or demerits of the present laws, that it is enough to call attention to this point; and lords must judge for themselves. I think, however, that ecclesiastical lords should watch the course of events for a season before they incur the responsibility of a change which, at any rate, might grievously affect

tion of a fine

on death or

at a fixed

period.

in considera- may also be for the payment of a fine on death or alienation, or at any fixed period or periods to be alienation, or agreed upon by the parties, every such fine to be fixed by the agreement or to be subject to increase or diminution by the valuers, to be appointed as herein-after mentioned, to such an amount per centum as shall be expressed in such agreement, but in either case to be valued in bushels of wheat, 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.

Provisional agreements may be made.

XVI. 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

the interests of their successors. My own opinion is that the present sliding scale of duties is a protection to the farmer, and that such protection is necessary; and that, were it withdrawn, poor lands would go out of cultivation, and, in consequence no rent-charge be forthcoming: it is true enough that those holding such lands would be in a deplorable condition; but still they might plant, which the owner of a rent-charge could not.

The chairman should first ascertain that all the forms which the Act requires have been complied with in calling the meeting; because, if not, all subsequent proceedings would fall to the ground.