refer the matter to the umpire, the Board of Agriculture may direct the umpire to act as valuer. (5.) The umpire shall give his decision on any matter referred to him within forty-two days after the matter is referred to him. Sub-sections (4) and (5) repeat certain of the provisions contained in sub-sect. (c) of sect. 10 of the Act of 1887. (6.) The valuers or umpire shall make their decision in such form as the Board of Agriculture direct, and shall deliver the same with the details thereof to the Board, and shall also deliver copies of their decisions to the lord or to the tenant. The provisions in this sub-section as to the form of the decision and its delivery, with the details thereof, to the Board are taken from sect. 11 of the Act of 1887; the provision as to the delivery of copies to the lord or tenant is a modification of a somewhat similar provision contained in sect. 8 of the Act of 1858. For forms of the decision, see pp. 485 and 486 of the Treatise. (7.) If, in the opinion of the Board, the valuation is imperfect or erroneous, they may remit it to the valuers or umpire, as the case may be, for reconsideration or correction. This provision is taken from sect. 11 of the Act of 1887. This power to remit is not confined to cases where the details show that there has been an error in principle, the power being available in any case where there appears to have been an error. (Regina v. The Land Commissioners for England, 23 Q. B. Div. 59.) The valuers are not arbitrators, but assessors and assistants to the Board. (Ibid.) (8.) If either (a) the valuers do not give their decision within the time allowed to them by or in pursuance of this Act, and the valuation is not referred to the umpire, either by the valuers or either of them or by the direction of the Board; or (b) the umpire does not give his decision within the time allowed to him by or in pursuance of this Act; or (c) the valuers or the umpire do not, when a decision is remitted to them by the Board for re-consideration or correction, amend it to the satisfaction of the Board, Compensation to be a rentcharge in certain cases. the compensation shall be determined by the Board after due notice to the lord and tenant. This sub-section embodies provisions contained in sect. 8 of the Act of 1858, and sect. 11 of the Act of 1887. (9.) Where the compensation is determined by the Board they shall take such proceedings and make such inquiries as they think necessary for the purpose, and shall take into consideration all matters which valuers are bound to take into consideration on a valuation under this Act, and shall communicate the result in writing to the lord and to the tenant, and shall fix a time within which any objection to their determination may be signified to them in writing by the lord or tenant, and shall consider every objection properly made and if necessary alter their determination accordingly. These provisions are taken from sect. 43 of the Act of 1887. 8.-(1.) In either of the following cases, namely- (b) Where the land can, in the opinion of the Board of unless the parties otherwise agree, or the tenant within ten days after the receipt by him of the draft of the proposed award of enfranchisement gives to the Board notice in writing that he desires to pay the compensation in a gross sum, the compensation shall be an annual rentcharge, commencing from the date of the notice to enfranchise and issuing out of the land enfranchised, equivalent to interest at the rate of four per cent. per annum on the amount of the compensation. (2.) Except where it is provided by this section that the compensation shall be charged by way of rentcharge, the compensation shall be paid in a gross sum before the completion of the enfranchisement. This section replaces the provisions of sects. 13 and 14 of the Copyhold Act, 1887. See sect. 26, sub-s. 3, of this Act for provisions applicable to cases where the title of the lord to whom enfranchisement compensation is paid is afterwards proved to be bad or insufficient. 9. On a compulsory enfranchisement the tenant shall Steward's pay to the steward the compensation mentioned in the compensation. second schedule to this Act. This section repeats the provisions of sect. 27 of the Copyhold Act, 1887. By virtue of the provisions of sect. 21 of the Copyhold Act, 1858, and of sect. 23 of the Copyhold Act, 1887, the tenant might, with the consent of the Board of Agriculture, charge the land enfranchised with the sum paid to the steward as compensation. Sect. 36 of this Act preserves this right to the tenant, and it would appear that the consent of the Board is no longer necessary. It may be noted that this Act does not repeat the provisions contained in sect. 56 of the Copyhold Act, 1841, as to the compensation to be paid to a steward on a voluntary enfranchisement, so that on a voluntary enfranchisement the amount to be paid to the steward must be a matter of arrangement between the parties. For other fees which may be claimed by a steward on, or after, enfranchisement, see sects. 3 and 62 of this Act. Award of Enfranchisement. chisement. 10.-(1.) When the compensation for a compulsory Board to enfranchisement has been ascertained under the provi- make award sions of this Act, the Board of Agriculture, having made of enfransuch inquiries as they think proper, and having considered any applications made to them by the parties, may make in such form as they provide an award of enfranchisement on the basis of the compensation, and may confirm the award. In sub-sects. (1), (3), (4) and (5) of this section, the provisions as to awards in the case of compulsory enfranchisements, which were contained in sects. 10 and 12 of the Copyhold Act, 1858, as amended by sect. 22 of the Copyhold Act, 1887, are re-enacted without material alteration. See p. 397 of the Treatise. --such inquiries as they think proper. A print of the inquiries, which the Board require to be answered in every case of enfranchisement, will be found on pp. 478-480 of the Treatise. (2.) The award shall state whether the compensation is a gross sum or a rentcharge, and the amount thereof, and where it is a rentcharge shall make the land subject thereto and chargeable therewith. The provision in this sub-section appears to be new, but it does not alter the practice. (3.) The Board shall fourteen days before confirming the award send to the tenant and to the steward, unless the proposed award has been already perused by them respectively, a copy of the proposed award. Power for (4.) Where the compensation is a gross sum the award shall not be confirmed until the receipt of the person entitled to receive the compensation has been produced to the Board. (5.) The Board shall send a copy of the confirmed award sealed or stamped with the seal of the Board to the lord, and the lord shall cause the copy to be entered in the court rolls of the manor. (6.) The date at which a compulsory enfranchisement shall take effect may be fixed by the confirmation of the award of enfranchisement, and if not so fixed, shall be the date of the confirmation of the award. This sub-section repeats the provisions to the like effect contained in sect. 18 of the Copyhold Act, 1858, and removes the doubt which was raised by the provisions contained in sects. 14 and 31 of the Copyhold Act, 1887. See the Treatise, p. 398. Restrictions on Enfranchisement. 11.-(1.) Where a notice requiring the enfranchisement lord in certain of any land under this Act is given by the tenant, and the chase tenant's lord shows to the satisfaction of the Board of Agriculture cases to pur interest. that any change in the condition of the land which but for the enfranchisement would or might be prevented by the incidents or conditions of the tenure of the land, will prejudicially affect the enjoyment or value of the mansion house, park, gardens, or pleasure grounds of the lord, the lord may give to the tenant notice in writing that he offers to purchase the tenant's interest in the land. (2.) If the tenant accepts the offer he shall do so by sending to the Board, within twenty-eight days after he has received notice of the offer, notice in writing of his acceptance, and thereupon the offer and the acceptance shall be binding on the lord and the tenant. (3.) If the tenant does not accept the offer the enfranchisement shall not take place unless the Board think fit to impose such terms and conditions as are in their opinion sufficient to protect the interests of the lord. (4.) Where a purchase is being made under this section, if the consideration for the purchase is not within a time allowed by the Board settled by agreement between the lord and the tenant, the Board may appoint a valuer to ascertain the value of the tenant's interest, or may refer it to the valuers, if any, acting in the enfranchisement. (5.) When the value of the tenant's interest has been agreed on or ascertained, the Board shall issue, under their seal, a certificate which shall define the land included in the purchase, and shall state the consideration for the purchase, and fix a time for the payment of the consideration. (6.) On the payment of the consideration the tenant shall execute a conveyance of his interest in the land to the lord in such form as the Board direct, and on the execution of the conveyance the land shall vest in the lord accordingly. (7.) If the consideration is not paid within the time fixed by the certificate or such further time as the Board allow, and the Board are of opinion that the nonpayment arises from the default of the lord, they may cancel the certificate, and thereupon the enfranchisement shall be proceeded with (but subject to the provisions of this section as to expenses) as if this section had not been passed. (8.) Where a purchase is made under this section all the costs of the valuation and all the expenses attending the purchase, including the expenses of the conveyance, shall be paid by the lord. (9.) Where a purchase is, by the default of the lord, not completed, all expenses which the Board certify to have been incurred by the tenant in consequence of the offer, acceptance, and default shall be paid by the lord to the tenant. This section repeats the provisions contained in sect. 25 of the Copyhold Act, 1852. See sect. 36, sub-s. 3, of this Act, as to the power of the lord to charge the land purchased, and the manor and any land settled therewith to the same uses, with the purchase-money and the expenses of the purchase. suspend en 12.-(1.) The Board of Agriculture may suspend any Power for proceedings for a compulsory enfranchisement under this Board to Act where any peculiar circumstances make it impossible, franchisement in their opinion, to decide on the prospective value of the in certain land proposed to be enfranchised, or where any special cases. hardship or injustice would unavoidably result from compulsory enfranchisement. The two sub-sections of this section repeat the provisions of sect. 35 of the Copyhold Act, 1852. In Reynolds v. The Lord of the Manor of Woodham Walter, L. R. 7 C. P. 639, it was held by the Court of Common Pleas that the determination of the question whether, in any particular case, there |