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 Board may accept a declaration made under this section for the purposes of this Act.

(2.) If the lord or his steward does not make a declaration which he is required to make in pursuance of this section, or if in the opinion of the Board the declaration does not fully and truly disclose all the necessary particulars, or if the lord refuses to give any evidence which the Board think proper and necessary to show a satisfactory prima facie title in the lord, or if the Board think that the incumbrancers should be protected, the Board may, if they think the justice of the case requires it, direct the compensation or consideration where it is a gross sum to be paid into Court or to trustees in manner directed by this Act.

(3.) Where the lord applies to the Board to effect an enfranchisement under this Act, the Board shall, if the tenant of the land proposed to be enfranchised so requires, satisfy themselves of the title of the lord.

Sub-sections (1) and (2) of this section incorporate and re-enact the provisions contained in sect. 22 of the Copyhold Act, 1852, and sect. 32 of the Act of 1887; and sub-section (3) repeats the provisions of sect. 23 of the Act of 1852. See the Treatise, pp. 366, 376, 377.

Questions arising in Proceedings under Act. 52. On an enfranchisement under this Act(1.) Where the identity of any land cannot be ascertained to the satisfaction of the valuers, if the quantity of the land is mentioned in the court rolls of the manor, and is therein stated to 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 valuers:

(2.) Where the land is not defined by a plan on the court rolls the valuers 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 made except by agreement between the lord and tenant where it appears by the court rolls or otherwise that the

Boundaries.

Power for Board to decide ques

in enfranchisements.

boundaries of the land have been for more than fifty years last past treated as being intermixed: (3.) Where, after the appointment of valuers, there is any doubt or difference of opinion as to the identity of any land, the lord or tenant may apply to the Board of Agriculture to define the boundaries of the land for the purposes of the enfranchisement, and the Board shall ascertain and define the boundaries in such manner as they think proper:

(4.) A plan made under this section and approved by the Board, and a definition of boundaries by the Board under this section, shall be conclusive as between the lord and the tenant.

This section re-enacts the provisions of sect. 42 of the Copyhold Act, 1887. See the Treatise, p. 391.

53.-(1.) If any objection is made or question arises in the course of the valuation in a compulsory enfranchisetions arising ment under this Act 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 enfranchisement, the lord or tenant may require, in writing, that the question be referred to the Board of Agriculture, and the Board shall inquire into and decide the question, and their decision shall, subject to the appeal provided by this section, be final.

This sub-section repeats the provisions to the like effect contained in sect. 8 of the Copyhold Act, 1852, as amended by sect. 29 of the Copyhold Act, 1887.

(2.) Either party may appeal to the High Court by way of special case from a decision of the Board on a matter of law, subject to the following provisions, that is to say :(a) an application to state a case must be made to the Board within twenty-eight days after the decision appealed from:

(b) the person applying for the case must give to the other party to the inquiry not less than fourteen days' previous notice in writing of the intended application:

(c) the case shall, if the parties differ, be settled by the Board:

(d) the judgment of the Court on a special case shall

be final and binding on the parties and on the

Board.

This sub-section repeats the provisions of sect. 8 of the Copyhold Act, 1852, which incorporated certain of the provisions contained in sect. 40 of the Copyhold Act, 1841, as to appeals from the decisions of the Copyhold Commissioners (now represented by the Board of Agriculture). See the Treatise, pp. 395, 396.

54.-(1.) The Board of Agriculture, or a valuer, may, for the purposes of this Act, by summons under the seal of the Board

Power to call for produc

tion of documents and

(a) call for the production, at such time and place as the examine Board appoint, of any court rolls or copies of witnesses. 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 Board or a valuer may examine any witness on oath and may administer the oath necessary for that purpose.

(3.) A lord or tenant summoned under this section shall not be bound to answer any question as to his title.

(4.) If any person summoned under this section, 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 gives false evidence in any proceeding under this Act he shall be guilty of perjury. (6.) If any person wilfully destroys or alters any document of which the production is required under this section he shall be guilty of a misdemeanour.

This section re-enacts the provisions of sect. 5 of the Copyhold Act, 1852.

before Board.

55. The Board of Agriculture may, if they think fit, Expenses of order that the expenses of any inquiry by the Board under inquiries this Act, including the expenses of witnesses and of the production of documents, be paid by the parties to the inquiry, and to such person, and in such proportions, as the Board think proper.

This section re-enacts the provisions contained in sect. 44 of the

Power to transfer charges on

manor to

stock.

Copyhold Act, 1841. Under 31 & 32 Vict. c. 89, s. 1, the Board have power to take security for the payment of any costs they may incur in making inquiries under the Copyhold Acts. See the Treatise, p. 422, n.

56. (1.) Where, in the course of an enfranchisement under this Act, it is found that a manor or the lord's estate and interest in any land belonging thereto, which may be other land or the subject of enfranchisement, is subject to the payment of a fee-farm rent or to any other charge, the Board of Agriculture may, on the application of the person for the time being bound to make the payment or defray the charge, by order under their 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 land respectively, or on an adequate amount of Government stocks or funds to be transferred into Court by the direction of the Board, or into the names of trustees appointed by the Board.

Notices.

(2.) From and after the sealing of the order the manor and land 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 this Act, be attached, so far as the nature of the case will admit, to every charge under this section the like remedies, as against the land or funds made subject thereto, for the recovery of the amount charged as might have been had as against the manor or land in respect of the original charge.

This section re-enacts the provisions of sect. 21 of the Copyhold Act, 1887.

Notices, Instruments, and Forms.

57.-(1.) A notice required or authorised by this Act 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 the United Kingdom, 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 reasonable

diligence, by fixing it on some conspicuous part

of the premises.

(2.) Where a notice is required by this Act to be given by the Board of Agriculture or a valuer and no other mode of giving the notice is directed, the notice may be either in the name of the Board or valuer, as the case may be, or on their behalf respectively in the name of any person authorised by the Board to give notices.

This section incorporates and re-enacts the provisions of sect. 20 of the Copyhold Act, 1858, and sect. 36 of the Copyhold Act, 1887. -a notice in writing. See the Interpretation Act, 1889, s. 20, as to the meaning of writing" in Acts of Parliament.

-sending by post. -See the Interpretation Act, 1889, s. 26, as to the meaning of the words "sending by post," when occurring in Acts of Parliament.

58.—(1.) An agreement, valuation, or power of attor- Stamp duty. ney under this Act shall not be chargeable with stamp duty.

(2.) An enfranchisement award shall be chargeable with the like stamp duty as is chargeable in respect of an enfranchisement deed.

(3.) A certificate of charge under this Act and a transfer thereof shall be chargeable with the like stamp duty as is chargeable in respect of a mortgage and a transfer of a mortgage respectively.

This section incorporates and re-enacts the provisions of sect. 93 of the Copyhold Act, 1841; sect. 50 of the Copyhold Act, 1852; and sect. 32 of the Copyhold Act, 1858.

An enfranchisement deed is stamped as a " conveyance on sale" as defined by the Stamp Act, 1891. See the Treatise, pp. 369 and

574 et seq.

59. The Board of Agriculture may require the payment Payment of of all office fees and other expenses of the Board from office fees. either lord or tenant requesting the delivery of any award,

deed, or order under this Act, before delivering it.

This section re-enacts sect. 34 of the Copyhold Act, 1887.

A table of fees authorised to be taken by the Board of Agriculture in respect of transactions under the Copyhold Act will be found at p. 493 of the Treatise.

correct errors

60. (1.) The Board of Agriculture may at any time if Power for they think fit, on the application of any person interested Board to in an award or deed of enfranchisement or charge or other in instruinstrument made or issued or having effect under the pro- ments. visions of this Act, correct or supply any error or omission arising from inadvertence in that instrument.