SECT. 58. Commissioners, before giving their consent to the agreement, shall upon the written request of any three or more tenants, parties thereto, satisfy themselves of the title to the manor; and the expenses of that investigation, as well as the general expenses, shall be borne by the parties, as may be agreed upon; and in default, as the commissioners shall direct. In case the lord shall refuse to afford the required information the agreement to be null and void. 59. Where the Lord is entitled only for a limited Interest, or shall be under Disability, the purchase money to be applied in manner after provided for. 60. Power to Tenants to defer, in certain cases, payment of a portion of the consideration for enfranchisement until the next event at which a fine would be payable. 61. When the Sum becomes due, the lord shall be entitled to the rents and profits of the land, and may proceed to obtain possession as in like cases of default. 62. Power to Tenant to defer Payment of Con sideration for Enfranchisement. It shall be [E.] [E.] [E.] [E.] [E.] [E.] [E.] SECT. thereupon the said commissioners, with the consent of the lord, but not otherwise, shall insert, in a column of the apportionment to be appropriated to that purpose, the number of years or period for which such charge is to be continued, and thereupon (subject as after mentioned) no proceedings shall be instituted during such term or period to enforce payment of the principal money so apportioned: Provided that lawful interest shall be paid halfyearly on the days to be mentioned in such apportionment, or if not mentioned therein, at the expiration of each half-year, computed from the date thereof, and that such proceedings may be instituted, and nothing in the Act contained shall extend to protect any tenant or other person from such proceedings, in case one and a half year's interest shall remain due on the said principal sum apportioned, or on any part thereof, to the extent of one half: Provided also, that during the term so fixed, the lord shall not be compellable to receive payment of the principal money without receiving twelve calendar months notice of intention to pay off the same, and that in case the interest on such principal sum shall be in arrear thirty days, it shall be lawful for party entitled to receive such interest money, to levy the same by distress and sale of the goods on the lands and tenements enfranchised and affected by such enfranchisement money. 63. Where Payments are deferred by Tenants, Provision made as to Lords being Tenants for Life. 64. Substituted Titles. Lands enfranchised shall be deemed to be held under the same title as that under which the same were held at the time of the enfranchisement, and shall not be subject to any estates, rights, titles, interests, incumbrances, claims, or demands affecting the manor of which the same were holden. SECT. 65. General Expenses and Recovery. Expenses [C. & E.] of valuations, and of making copies of apportionments, schedules, &c. required under the provisions of this Act, and all expenses attending commutations or enfranchisements (except otherwise provided for) shall be paid as commissioners may in apportionment or otherwise under their hands and seals direct; and if any difference shall arise as to amount to be paid by or to any person, the commissioners or assistant commissioner may, under their or his hand, certify amount; and in default of payment the same may, on production of certificate, or of a deposited copy of apportionment, be recovered before two justices of peace, by distress and sale, with costs of application and proceedings. 66. Action for Expenses. If expenses not levied [C. & E.] within two months after warrant of distress granted, the person entitled (if the same including costs of distress shall amount to forty shillings), his executors, &c. may recover same, with costs of suit, in any court of law at Westminster, against party named in certificate or apportionment, his executors, &c., in which action such certificate or copy of apportionment shall be satisfactory evidence of the amount of such expenses, and of the same being due from and to the parties therein named; and the certificate of such justices under their hands shall be evidence of the costs of such application, and the warrant which they are required to give in such cases shall be satisfactory evidence of non-recovery of such expenses and costs under the distress. 67. Expenses of Trustees. Every tenant of the [C. & E.] manor being a trustee (save as against an unadmitted mortgagee) shall be entitled to recover in like manner by distress or action respectively all expenses, costs, and charges which he may have to pay under any such certificate, apportionment, distress, or action, [C. & E.] [C.] [E.] SECT. from the person beneficially interested, at the date of such apportionment, in the lands, his executors, &c., or by like distress on the lands, and the occupiers thereof shall be entitled to deduct any such payments from any rent then or subsequently due; and should any dispute arise as to any trusteeship or right to recover, the same shall be determined by the commissioners or assistant commissioners, as in the case of causes of difference before mentioned; the like evidence of certificate, &c. to be admitted in any such proceedings or action. 68. Copyholders, &c. having limited Interests, may charge Costs in certain Cases. Tenants having limited interests may, with consent of commissioners, by a simple entry on court rolls, charge the lands with the costs and interest, the principal being however reduced one twentieth each year; the steward to charge only thirteen shillings and fourpence for such entry and copy, which is not to be liable to stamp duty. 69. Expenses payable by Lords of Manors. Expenses payable by lords having partial interests, or being trustees, may, together with reasonable expenses incurred in employing agents to protect their interests (in cases of commutation) be in like manner charged upon the manor, with interest at four per cent.; but the expenses of agents must have been previously approved of by the commissioners. 70. Lands to be charged with Enfranchisement Considerations as on Mortgage in Fee. From and immediately after date of final confirmation of apportionment the several and respective lands holden of the manor shall stand chargeable with the respective sums mentioned in the apportionment as payable to the lord and steward respectively, with the lawful interest from that day until payment; and the person or persons for the time being seised of SECT. the manor shall be deemed to be seised of the said lands as mortgagee in fee thereof for the benefit of the lord as to the sums payable to him, and of the steward as to the sums payable to him; and that (subject to the power of continuing the charge as herein before provided) it shall be lawful for the person so seised, or the lord or steward respectively in his name, from time to time to adopt such means and proceedings as a mortgagee in fee of freehold lands is entitled to, for the enforcing payment of such principal sums and interest, and with the like right to obtain payment of all attendant and incident costs. 71. To be First Charges. Such sums shall be first charges, and have priority over all mortgages, charges, and incumbrances, &c. (tithe rent-charge alone excepted). 72. Power to Mortgage. Any tenant whose lands shall be enfranchised may charge the same (or any of them, if he holds all under same right and for same estate,) with payment of such sums and costs of such charge and lawful interest, to any person advancing same, and his executors, administrators, and assigns, and for securing payment thereof to demise lands by way of mortgage, for any term of years, to such person, his executors, &c., or to such other person as he shall appoint; such demise to be made with a proviso or condition, declaring the term to be void on payment to the amount thereby secured, with interest, at a time to be therein appointed, and such charge shall have the like priority, &c., with powers and rights of first mortgagee. 73. To whom Monies for Enfranchisement from Lord's Rights to be paid. Monies to be received for enfranchisement from lord's rights to be paid to lord, his heirs or assigns, when absolutely entitled as tenant in fee; but when he shall be only entitled for [E.] [E.] [E.] |