Charges which do not shift over. Equality of exchange. Valuation of copyhold land. New boundary fences. with separate tithe rentcharges, but are liable in common with other lands, the valuer should estimate and state the sum or sums which on an apportionment would be fairly chargeable on the lands dealt with, and he should also say whether the parties desire to have the amounts so stated legally fixed on the lands by means of an altered apportionment. No subdivision of tithe rentcharge in an altered apportionment can be less than 5s., but two or more parcels may be braced together to a charge of not less than 5s., where they are separately too small to bear that amount [see "Instructions for altered apportionments," issued by the Board of Agriculture (Tithe Department)]. 18. Special attention is called to the charges which do not shift over on an exchange under the Inclosure Acts, but remain charged upon the same lands as were previously liable, and which therefore require to be stated and deducted; such as land tax, tithe rentcharges, chief or quit rents on freehold lands, drainage or improvement rentcharges, and the rates levied by Drainage Commissioners. Quitrents on copyhold or customary lands do shift over, and therefore are not to be deducted. 19. Should the value in money of the respective lands or hereditaments given or taken in exchange not be equal, the circumstances and peculiarities must be stated which are assumed to counterbalance such inequality. There is no power to authorise a payment of money for equality of exchange or partition. The only provision for compensating a deficiency is by the creation of a perpetual rentcharge, to be charged on the land of greater value, or a sufficient part of it, in favour of that of less value, but such a rentcharge can only be created where the deficiency which requires to be compensated does not exceed one-eighth of the value of the lands which are deficient. It is found, however, that such rentcharges are often inconvenient in practice, and the Board recommend that, when possible, equality should be obtained either by adding land on one side or withdrawing a portion on the other. 20. In the exchange of copyhold land for freehold, the effect of which is to shift all the copyhold incidents from the land theretofore copyhold and attach them to the land which by the exchange becomes copyhold, it is obvious that to value one side as copyhold and the other as freehold would not afford a fair basis for comparison of values; both sides must therefore be valued as if they were freehold, and the valuer in such cases must distinctly state that he has done this. 21. It should be stated in the valuation by whom new boundary fences, if any, are to be made and maintained. 22. The valuation must bear appraisement stamps of an Stamp on amount calculated according to the following scale on the fee- valuation. simple value of each side of the exchange separately :— The total duty may, however, be expressed by one stamp, which must be impressed within fourteen days of the date of the valuation; but as the valuation may require alteration, it is desirable that it should in the first instance be sent to the office as a draft, without date or signature. 23. An exchange will generally be facilitated and expense The map. saved by using, if published, the ordnance map, the sheets of which can be obtained at very small cost. Otherwise the map which accompanies the application should be on tracing cloth, and may be a copy from any good tithe map, or from any other map of sufficient accuracy for estate purposes, of which the Board must be satisfied. When the exchange is of town property the map should be on a sufficiently large scale to show all details clearly. The map must be revised, if necessary, to represent the present state of the lands dealt with, and the names of the owners of the immediately adjacent lands must be written on it. A scale and meridian line must be drawn upon the map, and the lands in the first schedule should be edged with red, those in the second schedule with green. When the parcels are small or detached, sufficient surrounding details, or other well defined landmarks, must be given on the map to admit of the certain identification on the ground of the lands proposed to be exchanged. When portions only of fields are to be dealt with, the entire fields should be drawn upon the map, and the new boundaries should be fixed by distances given in figures, from actual measurements taken on the ground from the adjacent angles of the fields or other existing points. The new boundaries should also be marked out upon the ground. 24. On receipt of the application, plan, and valuation, by Mode of the Board, they are examined and tested, and any remarks or procedure. requisitions which may arise are sent for replies, and when these are satisfactory, and the application and plan are finally settled, the application is sent to be fair-copied and signed by the parties interested. 25. The application having been signed and returned to the Advertiseoffice is finally approved, and the exchange, partition, or ment. Objections. The order of exchange. Order of exchange conclusive, but errors may be corrected by the Board. Fees and expenses of Board of Agriculture. division, as required by the Inclosure Acts, is advertised in a local newspaper for three successive weeks. The Acts require that three months shall elapse after the last advertisement before the order of exchange, &c., can be issued. 26. Any person having an estate in or charge on the land is, during these three months, entitled to dissent from the exchange, partition, or division, and such dissent, until removed, is a bar to further proceedings in the matter. 27. When the three months have expired, and if no notice of dissent has been received, the Board prepare a draft of the proposed order of exchange, partition, or division, and the necessary plans, which are sent for the approval of the parties, with a note of the costs incurred. On the return of the draft order and map approved, and payment of costs, the order of exchange, &c., is engrossed and confirmed by the Board. The original order is deposited in the office of the Board of Agriculture, and copies are furnished to the parties to the exchange, partition, or division, or their authorised agents. 28. An order of exchange, partition, or division operates without any further deed, or any transfer of title deeds, and the order is conclusive evidence that all the directions of the Acts have been complied with. But any fraudulent or other error, or omission, may be corrected by the Board. 29. The fees to be taken on exchanges, partitions, and divisions are on the following scale :— On an order of exchange, partition, or divi- £ Where the aggregate value exceeds 100%. and does not exceed 2007. s. d. 1 0 0 2 0 0 For every further 1007. or fraction of 1007. 0 5 0 For every 1001. or fraction of 1007. exceed- 0 2 6 Valuer's charges. But in no case shall the fee exceed 501. The expenses incurred by the Board are payable by the parties in addition to the fee, and comprise cost of advertising, of preparing plans to be attached to the order, of engrossing the order, and of Inland Revenue stamps. 30. The valuer's charges are paid by the parties direct, and the Board strongly recommend that an arrangement should be made with the valuer as to his remuneration before his valuation is undertaken. 31. Exchanges, &c., can be carried through by means of correspondence, without the necessity of employing a London agent, and, if proper arrangements are made, at moderate cost. The Board are at all times ready to afford information with a view to facilitating the proceedings. Board of Agriculture, 3, St. James's Square, London, S.W. Application for Exchange. N.B.-Every application for an exchange should, in the first instance, be sent up unsigned, and a map and valuation should accompany it. The only exception to the latter requirement is where there is a doubt whether the exchange can be carried out, in which case the Board will be ready to consider the circumstances before the parties go to the expense of a valuation. When sending up the draft application for the first time, be good enough to give the dates of any previous correspondence which may have passed with the Board on the subject. To the Board of Agriculture. We, the undersigned, and of of -, in the county in the county of of being the persons interested respectively, under the provisions of the Inclosure Acts, 1845 to 1882, in the lands and hereditaments hereinafter mentioned, with the easements and appurtenances thereunto belonging, and being desirous of effecting an exchange, as hereinafter mentioned, hereby apply to you to direct enquiries whether such proposed exchange would be beneficial to the owners of such respective lands and hereditaments, and in case you should be of opinion that such exchange would be beneficial, and that the terms thereof are just and reasonable, to proceed with the same under the provisions of the said Acts. LAND and HEREDITAMENTS in which the above-named is interested, situate in the -(a), in the county of (a) Parish, or township and parish. and proposed to be exchanged for the lands and hereditaments hereinafter specified (b). NOTE.-If the lands to be exchanged form part of an estate, it is desirable, for the sake of identity, that this should be stated; for the same reason, in the exchange of cottages, gardens or pieces of land not known by particular names, the occupiers' names should be given. When lands are in more than one parish, the lands of each parish must be kept distinct. Every parcel held under a different title, or for a different estate, as well as the land for which such parcel is exchanged, must be separately entered in the application, and the respective values of each must be shown to be equal in the valuation. Witness our hands to the foregoing application this —, in the year of our Lord one thousand eight hundred and day of [The consents of the bishop of the diocese, and the patron of the benefice, being necessary where lands are held in right of any church, chapel, or other ecclesiastical benefice, should be given as follows] We, the undersigned, and lord bishop of the diocese of of in the county of patron of the benefice hereinbefore mentioned, do hereby consent to the foregoing application. (Signed) [The consent of the lord of the manor, being necessary to the exchange of copyhold or customary land, should be given as follows] I, the undersigned, of lord of the manor of sent to the foregoing application. (Signed) -, in the county of aforesaid, do hereby con (b) There will be two schedules of this description in the application. |