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Mode of effecting compulsory Enfranchisements.
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VIII. When any Lord or Tenant shall, under the Provisions of the Copy hold Act, 1852, or of this Act, require the Enfranchisement of any Land held of a Manor, he shall give Notice in Writing (the Lord or his Steward to the Tenant, or the Tenant to the Lord or his Steward) of his Desire that such Land shall be enfranchised; and the Consideration to be paid to the Lord for such Enfranchisement, and also the Sum to be paid to the Lord in respect of such Fine or Heriot as mentioned in the last preceding Clause, shall, unless the Parties agree about the same, be ascertained under the Directions of the Copyhold Commissioners, and upon a Valuation to be made in the Manner following; that is to say,
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Where the Manorial Rights to be compensated shall consist only of Heriots, Rents, and Licences at fixed Rates to demise or fell Timber, or any of these, or where the Land to be enfranchised shall not be rated to the Poor’s Rate at a greater Amount than the net annual Value of Twenty Pounds, then the Valuation shall be made by a Valuer to be nominated by the Justices at a Petty Sessions holden for the Division or Place in which the Manor or the chief Part thereof is situate; provided that no Justice, being Lord, either in whole or in part, of such Manor, shall take any Part in nominating such Valuer; subject, however, to these Provisoes: First, that if the Parties agree to recommend to the Commissioners any Person to be the Valuer, such Person shall be nominated by the Commissioners; and Second, that either Party may, upon paying the Charges of his own Valuer, have the Valuation made as next herein-after provided:
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But when the Manorial Rights to be compensated do not consist only of Rents and Heriots and such Licences as aforesaid, or when the Land to be enfranchised is rated to the Poor’s Rate at a greater Amount than the net annual Value of Twenty Pounds, or where the Valuation to be made is of the Sum to be paid to the Lord in respect of such Fine or Heriot as mentioned in the last preceding Clause, then the Valuation shall, unless the Parties agree to refer it to One Valuer, be made by Two Valuers, One to be appointed by the Lord, and the other by the Tenant; and such Two Valuers, before they proceed, shall appoint an Umpire, to whom any Points in dispute between them shall be referred; and in case the Valuer or Valuers or Umpire, as the Case may be, shall not make a Decision and deliver the Particulars thereof in Writing to the Lord or the Steward and to the Tenant, and to the Copyhold Commissioners, within Forty-two Days after the Appointment of such Valuers, or Reference of the Matter to the Umpire, as the Case may be, then the Commissioners shall fix the Consideration to be paid or rendered to the Lord; and in any Case where, after Notice to the Lord or to the Steward or to the Tenant so to do, either Party shall neglect or refuse, for Twenty-eight Days, to appoint his Valuer, the Commissioners shall appoint a Valuer for him as soon as may be after the Expiration of such Twenty-eight Days; and in any Case where any Valuers shall, for the Space of Fourteen Days after the Appointment, be unable to agree in the Appointment of an Umpire, the Commissioners shall appoint an Umpire.
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