§ Where in respect of any enfranchised land or in respect of any other land liable to any heriot, quit rent, chief rent, free rent, or other manorial incident, the manorial incidents affecting the land are by virtue of this Act extinguished upon the expiration of ten years from the commencement of this Act by reason of no compensation agreement having been made or notice given to ascertain the compensation before the expiration 455 of that period, the following provisions shall have effect:
§ (d) The costs and expenses of determining the compensation in any case to which this Section applies shall, notwithstanding anything contained in this Part of this Act, and in default of agreement, be borne by the lord and the tenant or either of them or by both in such proportions as the Minister may determine to be just according, as nearly as may be, to the advantages derived from the extinguishment by the lord and tenant respectively or by either of them.
§
Amendment made: In paragraph (d) leave out the words
lord and the tenant or either of them or by both in such proportions as the Minister may determine to be just according, as nearly as may be, to the advantages derived from the extinguishment by the lord and tenant respectively or by either of them.
and insert instead thereof the words
tenant, unless the Minister considers that the conduct of the lord has been unreasonable or that special considerations apply, in either of which cases the Minister may determine by whom and in what proportions, if any, the costs and expenses are to be borne, and in so determining he shall have regard to what would be just, accordingly as nearly as may be to the advantages derived from the extinguishment by the lord and tenant, respectively, or by either of them."—[Lieut.-Colonel Royds.]