No. IX.

c. 30.

other estate of freehold, or for years determinable on any life or lives, or for any term of years whereof one hundred years shall be unexpired, 4 & 5 W. 4, and for the guardian, trustee, feoffee for charitable or other uses, husband, or committee of such person who at the time of making any exchange authorized by this act shall be an infant, idiot, lunatic, or feme covert, or under any other disability, by such deed and with such consent as herein-after mentioned to grant and convey such land or any part thereof to any other person in lieu of and in exchange for any other land, whether lying in the same or any other common field, or for any inclosed land lying within the same or any adjoining parish, and to accept and take from such other person any land in lieu of and in exchange for the land in such common field.

land.

II. That it shall be lawful for any person who shall be seised or pos- All persons sessed of or entitled in possession to any land which it may be desirable enabled to give to exchange for the land in such common field, whether such person land in exshall be tenant in fee simple, or in fee tail, general or special, or for life change for such or lives, or by the curtesy of England, or for any other estate of free- common field hold, or for years determinable on any life or lives, or for any term of years whereof one hundred years shall be unexpired, and for the guardian, trustee, feoffee for charitable or other uses, husband, or committee of such person who shall be an infant, idiot, lunatic, or feme covert, or under any other disability, to consent and agree to such exchange, and to grant and convey such land to the person proposing to make such exchange in lieu of and in exchange for the land lying in such common field, subject to the provisions herein-after contained.

III. Provided always, That when any such exchange shall be made Land given in by any person having a less estate or interest than in fee simple in the exchange by land to be by him granted or conveyed in exchange, or shall be made persons having by any person under any disability, the land to be so taken in exchange limited interests shall at the time of making such exchange be, or shall by the payment value with to be of equal of a sufficient sum for equality of exchange be made, of equal value with lands taken. or not of less value than the land to be granted or conveyed inexchange.

consent of the

IV. That whenever any exchange shall be proposed to be made under the authority of this act, and either of the parties thereto shall have a If exchange less estate or interest in the land to be by him granted or conveyed in made by any exchange than a fee simple, or shall be under any disability, such person having exchange shall not be completed unless the person to whom the next only a limited immediate vested estate of freehold in remainder or reversion shall have interest, or been limited (provided such person shall be of the full age of twenty- being under one years, and being a female shall be unmarried,) shall consent thereto, disability, the and shall testify such consent by signing the draft deed of exchange herein-after mentioned, and such consent shall be sufficient for the pur- remainder to be person next in pose of authorizing such exchange notwithstanding the person giving obtained. the same may have an equitable estate only in the land intended to be conveyed in exchange, or may have previously disposed of or charged or incumbered his reversionary estate therein: Provided always, that if the person to whom such next immediate vested estate in remainder or In case the perreversion may have been limited shall at the time of such exchange son next in rehappen to be an infant or feme covert, or an idiot or lunatic, then and mainder should in such case it shall be lawful for the guardian or husband or committee be an infant, of such infant, feme covert, idiot, or lunatic (such guardian, husband, or committee not being himself the person by whom the exchange is proposed to be made) to consent to such exchange, and to sign the draft deed of exchange in his or her stead; Provided further, that whenever the guardian or husband or committee of such infant, feme covert, idiot, or lunatic shall himself be the person by whom such exchange is proposed to be made, then and in such case it shall be lawful for the court of chancery, upon petition, to be preferred to the said court in a summary way, to appoint a person to act as protector to such infant, feme covert, idiot, or lunatic for the purposes of this act, and, if he shall think fit so to do, to consent to such exchange, and to sign the draft

&c.

No. IX.

4 & 5 W. 4, c. 30.

Consent of patron and bishop necessary for ex

change of land held in right of a church.

Draft deed of

deed of exchange in the stead of such infant, feme covert, idiot, or lunatic, or of his or her guardian, husband, or committee.

V. Provided always, That no exchange shall be made of any land held in right of any benefice, without the consent of the patron thereof, and of the archbishop or bishop to whose ordinary or peculiar jurisdiction the said benefice may be subject, such consent to be signified by the patron and archbishop or bishop respectively signing the draft deed of exchange herein-after mentioned; and such consent, when so given and signified, shall be a sufficient authority for such exchange, any law or statute to the contrary notwithstanding: Provided always, That if the patronage of such benefice shall happen to be in the crown, and the benefice shall exceed the yearly value of twenty pounds in the king's books, it shall be lawful for the lord high treasurer or the first lord commissioner of the treasury for the time being, but if it shall not exceed the yearly value of twenty pounds in the king's books, then for the lord high chancellor, lord keeper, or lords commissioners of the great seal for the time being, to consent to such exchange and to sign the draft deed of exchange on behalf of the crown, and if the patronage of such benefice shall happen to be in the crown in right of the duchy of Lancaster it shall be lawful for the chancellor for the time being of the said duchy to consent to such exchange and to sign the draft deed of exchange on behalf of the crown; and if the patronage of such benefice shall be part of the possessions of the duchy of Cornwall it shall be lawful for the duke of Cornwall for the time being, if of full age, but if not of full age, or in case such benefice shall be within the patronage of the crown in right of the duchy of Cornwall, then for the same person who is hereinbefore authorized to consent on behalf of the crown in respect of a benefice in the patronage of the crown to consent to such exchange and to sign the draft deed of exchange on behalf either of the duke of Cornwall, or, as the case may be, on behalf of the crown in right of the duchy of Cornwall; and if the patron of such benefice shall happen to be a minor, idiot, lunatic, or feme covert, it shall and may be lawful for the guardian, committee, or husband of such patron to consent to such exchange and to sign the draft deed of exchange in the stead of such patron, and on his or her behalf.

VI. Provided always, That no exchange shall be made under the exchange to be authority of this act by any bishop, dean, or other head of a chapter, signed or sealed archdeacon, prebendary, or other ecclesiastical corporation sole, unless, by ecclesiasti in the case of a bishop, with the consent of the archbishop of the procal person or vince, to be signified by such archbishop signing the draft deed of corporation exchange herein-after mentioned, or unless, in the case of a dean or consenting. other head of a chapter, with the consent of the chapter, to be signified by their affixing their common seal to the said draft deed of exchange, or unless, in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, with the consent of the archbishop or bishop of the diocese, to be signified by such archbishop or bishop signing the said draft deed of exchange.

Exchange to be made in the form given in the schedule.

In case of

VII. That every exchange under the authority of this act shall be made according to the form in the schedule to this act annexed, or as near thereto as the number of parties and the circumstances of the case will admit, and shall, when executed by the respective parties, be valid and effectual in the law to all intents and purposes, without livery of seisin made or taken, or any other act done, by any person or party to perfect or complete the same.

VIII. Provided always, That whenever any land held by copy of copyholds, the court roll shall be exchanged under the authority of this act, the deed of deed of ex- exchange, when executed by the respective parties, shall be produced to the lord of the manor of which the land may be parcel, or to his steward, or to the deputy of such steward, who shall cause the same to be entered on the court rolls of the manor.

change to be

entered on the court rolls.

Fees to stew

ards.

IX. That the fees and charges to be demanded by and paid to any

No. IX.

steward of a manor for entering on the court rolls of such manor any deed of exchange or other instrument required by this act to be entered 4 & 5 W. 4, thereon shall not exceed the sum of sixpence for every law folio of seventy-two words contained in such deed or other instrument.

c. 30.

X. That whenever any exchange shall be made under the authority of In case of this act by any archbishop, bishop, dean or other head of a chapter, church lands, dean or other head of a chapter and chapter, archdeacon, prebendary, deed to be enor other ecclesiastical corporation, or by the incumbent of any benefice, tered in the prothe deed of exchange, when executed by the respective parties, shall, in per ecclesiastithe case of the exchange being made by an archbishop or bishop, be cal registry. entered in his own registry, and in the case of the exchange being made by a dean or other head of a chapter, or by a dean or other head of a chapter and chapter, be entered in the registry of such chapter, and in the case of the exchange being made by an archdeacon, prebendary, or other ecclesiastical corporation, or by the incumbent of a benefice, be entered in the registry of the bishop of the diocese.

XI. That an office copy of any deed of exchange or other instrument Office copies of which under the provisions of this act shall be entered on any such instruments deregistry as aforesaid (such office copy being certified by the registrar or posited in the his deputy) shall be allowed as evidence thereof in all courts and registry to be places, and every person shall be entitled to require any such office evidence. copy, and shall also be allowed at all usual and proper times to search for and inspect any deed of exchange or other instrument which shall be so entered; and the registrar shall be entitled to charge for the entry of every such deed of exchange or other instrument after the rate of sixpence for every law folio of seventy-two words contained therein, and the sum of one shilling, and no more, for allowing any such search or inspection as aforesaid, and after the rate of sixpence for every law folio of seventy-two words in any office copy to be made and certified as aforesaid.

tice thereof inserted in some

XII. That before any exchange shall be made under the authority of Draft of inthis act a draft of the intended deed of exchange, containing a correct tended exdescription of the several lands proposed to be exchanged, and signed change to be by the respective parties, and also by the several persons whose consent deposited with to such exchange is herein-before required to be given, and accom- the clerk of the panied by an estimate of the value as well of the land proposed to be peace, and nogiven as of the land proposed to be taken in exchange, and whenever the exchange shall be proposed to be made by or with any person under newspaper cirdisability, then accompanied also by a copy of the several limitations culating in the contained in the deed or will under which such person may be entitled, county. shall be deposited with the clerk of the peace of the county in which the greater part of the land may be situated; and a notice of such draft and estimate having been so deposited (such notice containing a description of the land intended to be exchanged) shall be published in some newspaper usually circulated in the county wherein such land is situated at three several times in three successive months after such draft and estimate shall have been so deposited: Provided always, That Proviso as to whenever a corporation aggregate shall be one of the parties to such certain corporaproposed exchange, or the consent of a corporation aggregate shall be tions. necessary thereto, the affixing of the common seal of such corporation to such draft deed of exchange shall be deemed a sufficient compliance with the provisions of this act.

XIII. That if any person claiming to have an interest in the land Persons having proposed to be exchanged shall object to such exchange, it shall be any objections lawful for him to state such objection in writing, and to deposit the to deposit them same with the clerk of the peace at any time not less than fourteen with the clerk days before the holding of the assizes at which such proposed exchange of the peace shall be taken into consideration as herein-after mentioned; and such within a certain draft deed of exchange, and estimate, and copy of limitations, and the said statement of objection, shall be open to the inspection of any person.

time.

XIV. That the justices of the peace for the several counties, ridings, Fees to be taken divisions, cities, towns, liberties, and precincts within England and by clerks of the

peace.

No. IX.

4 & 5 W. 4,

c. 30.

Clerk of the

Wales, shall in the manner directed by an act passed in the fifty-seventh year of the reign of King George the Third, intituled An Act to enable Justices of the Peace to settle the Fees to be taken by the Clerks of the Peace of the respective Counties and other Divisions of England and Wales, ascertain, make, and settle a table of fees and allowances to be taken by the clerks of the peace for such counties, ridings, divisions, cities, towns, liberties, and precincts, for their trouble in the execution of the duties imposed upon them by this act, and such fees shall be subject to alteration and regulation in the manner by the said act directed.

XV. That the clerk of the peace shall cause the said draft deed of peace to cause exchange, estimate, and statement of objection (if any), and all other the draft deed, papers relating thereto, to be laid before the senior judge of nisi prius &c., to be laid at the assizes to be holden next after the expiration of three months before a judge from the time of the deposit of such draft deed of exchange with the of assize, who clerk of the peace as aforesaid; and such judge shall appoint a barrister, shall appoint a of not less than five years standing, for taking into consideration the barrister to con- said draft deed and statement, who shall forthwith appoint a time for sider the same. that purpose.

Barrister may summon wit

nesses.

False swearing perjury. Barrister to examine wit

tions.

XVI. That such barrister shall be empowered to summon and to compel the attendance of witnesses, and to administer an oath; and that any person wilfully swearing falsely before such barrister shall be liable to all the penalties of wilful perjury.

XVII. That such barrister shall satisfy himself, by the production of deeds, the examination of witnesses, or by such other evidence as he nesses, and de- shall think fit to require, of the value of the lands proposed to be termine objec- exchanged, and that the person proposing to make such exchange is not under any disability, or if he is that the person stated to have the next immediate vested estate of freehold in reversion or remainder has such estate, and that the notices and the consents required by this act have been duly given; and such barrister shall hear and determine all objections (if any) which may have been made by any person claiming to have an interest in the land proposed to be exchanged.

After inquiry the barrister to certify as the case may be.

XVIII. That after such inquiry shall have been had before such barrister he shall grant a certificate under his hand, in which he shall state that the parties proposing to make such exchange are not under any disability, or if they are, or either of them is under disability, that the persons or person having the next immediate vested estate of freehold in remainder or reversion have concurred therein, that the persons whose consents are required under this act have consented to the exchange, and that the equality and fairness of the proposed exchange have been proved, or otherwise, as the case may be; and he shall suggest in such certificate such alterations as to him may seem expedient for the better protecting the rights of parties having an interest in the lands proposed to be exchanged.

In case of an XIX. That in any case of an exchange to be made under this act in exchange in which there shall be a difference of not more than one-fifth in the value which there of the lands proposed to be exchanged, it shall be lawful for the said shall be a dif- barrister to allow or insert a provision in such exchange for the payference in value ment in money of such difference in value: Provided always, That no of not more than exchange shall be made under the authority of this act in which there one-fifth. shall be a difference of more than one-fifth part in the value of the lands proposed to be exchanged.

Certificate, with XX. That the said certificate, together with the said draft deed of draft deed, &c. exchange, and estimate, and such statement of objections, if any, and to be laid before all other papers relating thereto, shall be laid before the said judge of the judge, who assize, who shall thereupon make such order therein, either for conshall make

order there

upon.

firming the said exchange, or for annulling the same, or for altering the same, as to him may seem expedient; and the said draft deed of exchange when so confirmed or altered by the said order shall be immediately engrossed and executed by the necessary parties, and shall, when so executed, be binding upon the owners and proprietors of the

pieces of land so exchanged, and all other parties interested therein: Provided always, That before making such final order it shall be lawful for such judge to institute or cause to be instituted such further inquiry, by the means aforesaid, into the several matters relating to any such agreement, as he may think necessary.

No. VIII. 4 & 5 W. 4,

c. 30.

Judge may in

charges of

stitute further inquiry. XXI. Provided also, That such barrister shall further certify to the Costs and said judge by whom and in what proportions the costs and charges of such proceedings relative to such agreement ought to be borne, and ceedings. thereupon the said judge shall make such order for payment of such costs and charges as he may think right: Provided always, That in the case of any disagreement respecting the amount of such costs, such costs shall be taxed by the master or secondary of the court of king's bench.

pro

XXII. That every barrister before whom any inquiry shall be had Remuneratic under the authority of this act shall be entitled to be paid at the rate of to barrister. five guineas for every day that he shall be employed in making such inquiry, over and above his travelling and all other expences; and every such barrister shall after the termination of such inquiry transmit a statement of the number of days during which he shall have been so employed, and an account of the travelling and all other expences incurred by him in repect of such employment, to the judge by whom he shall have been appointed, or, in case of the death or illness or retirement of such judge, to any other judge of the superior courts of record at Westminster, who shall examine and allow the same, or so much or such parts thereof as he shall see fit; and the same when so allowed shall be paid in the same manner as the other costs and charges incident to such exchange are herein-before directed to be paid: Provided always, That if more than one case of exchange shall be referred to the same barrister, the remuneration to such barrister shall not be cumulative, but shall be considered as fixed for the day and not for the case.

to same under

XXIII. That in case any money shall be directed to be paid by either Application of party to the other of them for equality of exchange, and the party to money paid for whom such money shall be directed to be paid shall (in case it shall equality of exexceed the sum of twenty pounds) be paid with all convenient speed change when into the bank of England in the name and with the privity of the party entitled accountant general of the court of chancery, to be placed to his account disability. there ex parte the person entitled to the rents and profits of the land for or in respect of which such money shall be payable, to the intent that such money shall be applied, under the direction of the court, to be signified by an order made in a summary way upon a petition to be preferred by or on behalf of the person who would have been entitled to the rents and profits of the said land, either in the purchase or redemption of the land tax, or in discharging any debt or incumbrance affecting the said land, or affecting any other lands standing settled therewith to the same or the like uses, or in the purchase of other lands, which shall be conveyed to the same or the like uses, or such of them as shall be then subsisting and capable of taking effect; and in the meantime and until such purchase shall be made the said money shall, by order of the said court, upon application thereto, be invested by the said accountant general in his o me in some of the public funds, and the dividends thereof shall from time to time be paid to the person who would have been entitled to the rents of the land so to be purchased and settled; but in case such money shall not exceed the sum of twenty pounds, then the same shall be paid to the person entitled to the rents and profits of the land for or in respect of which the same may be payable, or in case of infancy, lunacy, idiotcy, or coverture, to his or her guardian, committee, or husband, as the case may be.

XXIV. That from and immediately after such deed of exchange as Lands given in herein-before is mentioned shall have been duly executed by the neces- exchange to be

I