THE I^AW AGRICULTURAL HOLDINGS SYLVAIN MAYER, B.A. (Low.), Ph. D. ^ ly/' itie Middle Temple, Barrister-at-Law) NET. WATJIRLOW AND SONS LIMITED.LONDONWAlL.lOJroON. ^t .\1 ^/ »^ J^ THE LA\V OF AGRICULTURAL HOLDINGS COMPRISING The Agricultural Holdings Act, 1893, and County Court Rules ; The Law of Distress Amendment Acts, 1888 & 1895 ; The Tenants Compensation Act, 1890; and The Market Gardeners' Compensation Act, 1895. ALL FULLY ANNOTATED TOGETHER WITH Two Chapters on the Principe's of the Agricultural Hohiings Act, iS8j, and the Procedure for the Recovery of Compensation. ALSO AN APPENDIX OF FORMS AND PRECEDENTS OF AGREE- MENTS AND NOTICES. {Being in part a third edition and extension of Jeudwine's Agricultural Holdings Act, 1883.) BY SYLVAIN MAYER, B.A. (Lond.), Ph. D. {0/ the Middle Temple, Barrister-at-Law). AITHOR OF " A COIJK Ol- lllE LAW Ol' KA IINC; AND I'KOCEDURE ON APl'EAL," " IHE FRENCH CODE OK COMMERCE," ETC. ttoiiDon : WATERLOW and sons LINHTED, LONDON WALL. E.C. 1S98. 4 • ^V^C'v.^.- . O ^t»v WATERI.OW AND SONS LIMITED, PRINTERS, DUNSTABLE AND LONDON. *■ C C t C * PREFACE. «2 ALTHOUGH a portion of this work is offered as a 1^ third edition of Mr. Jeudwine's book on the Agri- Q|cultural Holdings Act 1883, it is, in view of the fact that £2 the second edition of that book was pubHshed before the Agricultural Holdings Act 1883 came into force, to all intents and purposes a new work. The author has endeavoured to incorporate and discuss the numerous decisions that have been given on the law <-3 of Agricultural Holdings, and has added the "Law of 22 Distress Amendment Acts 1888 and 1895," the " Tenants CO ^ Compensation Act 1890," and the " Market Gardeners' uj Compensation Act 1895," all of which must be read as part and parcel of the Law of Agricultural Holdings. The County Court Rules applicable to the Agricultural Holdings Act 1883, and the new rules under the Law of Distress Amendment Acts are also included. There are two introductory chapters, one devoted ^to the " Principles " of the Agricultural Holdings Act g 1883, and the other to the "Procedure" for the recovery of compensation. 38.3286 iv PREFACE. In the Appendix the author has retained Mr. Jeudwine's Precedents and Forms with such alterations and modifica- tions as alterations in the law and rules of procedure have rendered necessarw It is hoped that these agreements and clauses will be of assistance to the legal profession in drafting contracts of tenancy. The author takes this opportunity of thanking Mr. J. S. Henderson, of the Middle Temple, for kindly revising the references to the \'arious cases. SYLVAIN MAYER. I, Garden Court, Temple, E.C. July /, 1 8(^8. CONTENTS. PAGE Preface iii. Table of Cases vii Chapter I. — The Principles of the Agricultural Holdings Act, 1883 1 Chapter II. — Procedure for the Recovery of Compensation 23 The Agricultural Holdings Act, 1883 (^<5 d- 47 Vict c. 61) Part I. — Improvements . Part II. — Distress . Part III.— General 1'rovisions Schedules 41-99 41 84 91 98 The County Court Rules 1889, Order XL. and Forms 100-106 Law of Distress Amendment Act, 1888 (j/ (^ 52 Vict. c. 21) 107-110 Law of Distress Amendment Act, 1895 {58 er* sg Vict. c. 24) 111-112 Rules made pursuant to Law of Distress Amend- ment Acts 1888 and 1895 . 113-118 vl CONTENTS. PAGE Tenants Compensation Act, 1890 {53 6- 34 Via. c.j7) 119-120 Market Gardeners' Compensation Act, 1895 {58 and 5 g Vict. c. 27) 121-124 Appendix 1 125-134 First Precedent — Agreement for a lease . 125 Second Precedent — Ditto (short form) . . 133 Appendix II. — Notices to Quit and Miscellaneous Forms . 135-136 Appendix III. — Forms under the Compensation Clauses . 136-144 Appendix IV. — County Court Forms 145-149 Appendix V. — Forms under Distress Clauses . . . 149-150 Index 151 TABLE OF CASES CITED. ASTBURY, e.v parte, (1869), L.R. 4 Ch. 630 ; 38 L.J. Banky. 9 ; 20 L.T. 997 76 B Baily v. De Crespigny, (1869), L.R. 4 Q.B. 180 ; 38 L.J.Q.B. 98; 19 L.T. 681 ; I7\V.R. 494 71 Barlow v. Tf.al, (1885), 15 Q.B.D. 501 ; 54 L.J.Q.B. 564 ; 54 L.T. 63 ; 34 W.R. 54 ; 50 J-P- 100 3, 74 Bew, in re, ex parte Bull. See Bull ex parte, in re Bew. Black v. Clay, (1894), A.C 368 ; 71 L.T. 446 ; 6 R. 362 . 53 Bkadburn v. Foley, (1878), 3 C.P.D. 129 ; 47 L.J.C.P. 331 ; 38 L.T. 421 ; 26 W.R. 423 92 Bull, ex parte, in re Bew, (1887), 18 Q.B.D. 642 ; 56 L.J.Q.B. 270 ; 56 L.T. 571 ; 35 W.R. 455 ; 5i J-P- 7io • . . 6, 85 CooDE V. Johns, (1886), 17 Q.B.D. 714 ; 55 L.J.Q.B. 475 ; 55 L.T. 290; 35 W.R. 47 ; 51 J. P. 21 114 CORNFORTH 7^. GEER, (1715), 2 Vern. 705 .... 63 Davenport 7/. Reg., (1877), 3 App. Cas. 115 ; 47 L.J.P.C. 8 ; 37 L.T. 727 43 Davison v. Gent, (1857), 1 H. & N. 744; 26 L.J. Ex. 122 ; 3 Jur. N.S. 342 42 VI 11 TABLE OF CASES CITED. PAGE Day, in re, ex parte YoUNG, (1879), 4i L.'l . 40; 27 W.R. 942 43 Doe 7'. Archer, ( 1 811), 14 East. 245 82 Doe 7'. B.'\NCKS, (1821), 4 B. & Aid. 401 43 Doe v. Cox, (1846), 15 L.J.Q.B. 317 ; 4 D. & L. 75 ; 11 Jur. 991 63 East and West India Dock Co. %>. Hill, (1882), 32 Ch. D. 14 ; 52 L.J. Ch. 44 ; 47 L-T. 270 ; 31 W.R. 55 . . . 43 Edmunds v. Wallingford, (1884), 14 Q.B.D. 811; 54 L.J.Q.B. 305 ; 32 L.T. 720 ; 2>1> W.R. 647 ; 49 J-^'- 549 • 5i Elwes v. Mawe, (1802), 2 .Smith, L.C. (10 ed.) 183; 3 East. 38 ; 6 R.R. 523 76 Erne (Earl of) v. Armstrong, (1872), 20 W.R. 370 ; 6 Ir. R., C.L. 379 42 Farquh.-vrson %i. Morgan, (1894), i Q.B. 552 ; 63 L.J.Q.B 474 ; 70 L.T. 152 ; 42 W.R. 306; 58 J. P. 495 • Favell v. Gaskoin, (1852), 7 Ex. 273 ; 21 L.J. E.\. 85 . Foulds, in re, ex parte Learoyd, (1878), 10 Ch.D. 3 ; 48 L.J Banky. 17 ; 39 L.T. 525 ; 27 W.R. 277 •■ • 65 92 89 Gaslight and Coke Co. v. Holloway, (1885 , 52 L.T. 434; 49 J-P- 344 55 Gough v. GouGH, (1891), 2 Q.B. 665 ; 60 L.J.Q.B. 726 ; 65 L.T. no; 39 W.R. 593; 55 J.P. 807 69,96 Griffenhoofe v. Daubuz, (1854), 4 E. & B. 230 ; 24 L.J.Q.B. 20 ; affirmed at 5 E. & B. 746 51 Griffiths and Morris, in re, (1895), i Q.B. 866 ; 64 L.J.Q.B. 386; 72 L.T. 290; 43 W.R. 652; 59 J.P. 134; 15 I<- 301 10, 56, 57, 61, 103 TABLE OF CASES CITED. IX H PAOE Hanmer v. King, (1887), 57 L.T. 367 ; 51 J.F. 804 . . 89 Harnett %>. Maitland, (1847), 16 M. & W. 257; 16 L.J. Ex 134 ; 4 D. & L. 545 Hart-Dvke, cx parte, in re MORRISH, (1882), 22 CD. 410 ; 52 L.J.Ch. 570 ; 48 L.T. 303 43, 77 Hellawell v. Eastwood. (185 i), 6 Ex. 295 ; 20 L.J. Ex. 154 76 High AM, in re, (1840), 9 Dowl. 203 Hogarth v. Jenning.s, (1892), i Q.B. 907 ; 61 L.J.Q.B. 601 66 L.T. 821 ; 40 W.R. 517 ; 56 J. P. 485 Holland v. Hodgson, (1872), L.R. 7 C.P. 328 ; 41 L.J.C.P 146 ; 26 L.T. 709 ; 20 W.R. 990 Holme v. Brunskill, (1878), 3 Q.B.D. 495 ; 47 L.J.C.P. 610 38 L.T. 838 Holmes and Formby, /;/ re, (1895), ^ QI^- '74 ; 64 L.J.Q.B 391 ; 71 L.T. 842 ; 43 W.R. 205 ; 15 R. 114 . .51 Hutton v. Warren, (1836), i M. & W. 466 ; 5 L.J. Ex. 234 I T. & G. 646 59 109 76 42 , 54, 64 51 I iNCHiQUiN 7'. Lyons, (1887), 20 Ir. L.R. 474 . Johnson 7'. Goldswaine, (1817), 3 Anstr. 749 ... 51 Jones v. Phipps, (1868), L.R. 3 Q.B. 567 ; y] L.J.Q.B. 198 ; 18 LT. 813 ; 16 W.R. 1018 ; 9 B. & S. 761 ... 42 K King v. Eversfield, (1897), 2 Q.B. 475 ; 66 L.J.Q.B. 809 ; 77 L.T. 195 ; 46 W.R. 51 ; 61 J. P. 740 . . 3,74,96,123 L.\THAM, in re, (1881), 19 Ch.D. 7 ; 51 L.J.Ch. 367 ; 45 L.T. 484; 30 W.R. 144 // X TABLE OF CASES CITED. FACE Lavies, in re, ex parte Stephens, (1877), 7 Ch.D. 127 ; 47 L.J. Banky. 22 ; 37 L.T. 613 ; 26 W.R. 136 . . . . ■]^ Learoyd, ex parte, i?i re FouLDS. See FOULDS, in re. Levy, in re, ex parte Walton, (1881), 17 Ch.D. 746 ; 50 L.J. Ch. 657 ; 45 L.T. I ; 30 W.R. 395 43 London and Yorkshire Bank v. Belton, (1885), 15 Q.B.D. 457 ; 54 L.J.Q.B. 568 ; 34 W.R. 31 ; 50 J.P. 86 . 86 Longbottom v. Berry, (1869), L.R. 5 Q.B. 123 ; 39 L.J.Q.B. 37 ; 22 L.T. 385 ; 10 B. & S. 852 76 Lyon v. Reed, (1844), 13 M. & W. 285 ; 13 L.J. Ex. 377 ; 8 Jur. 762 42 M Masters v. Green, (1888), 20 Q.B.D. 807 ; 59 L.T. 476 ; 36 W.R. 591 ; 52 J.P. 597 87 Mather v. Fraser, (1856), 25 L.J. Ch. 361 ; 2 K. & J. 536 ; 2 Jur. N.S. 900 76 Mellor v. Watkins, (1874), L.R. 9 Q.B. 400 ; 23 W.R. 55 . 42 Meux v. Cobley, (1892), 2 Ch. 253; 61 L.J. Ch. 449; 66 L.T. 86 51, 77, 122 Miles v. Furber, (1873), L.R. 8 Q.B. 77 ■ 42 L.J.Q.B. 41 ; 27 L.T. 756; 21 W.R. 262 88 Mordue v. Palmer, (1870), L.R. 6 Ch. 22 ; 40 L.J. Ch. 8 ; 23 L.T. 752 ; 19 W.R. 86 58 Morgan v. Davies, (1878), 3 C.P.D. 260; 26 W.R. 816 . 74 MoRLEY V. Carter, (1898), i Q.B. 8 ; 77 L.T. 1,37 ; 46 W.R. 77 53 MoRRiSH, in re, ex parte Hart-Dyke. See Hart-Dyke, ex ^arte. N Nickell v. Atherstone, (1847), 10 Q.B. 944 ; 16 L.J.Q.B. 371 42 O Oastler v. Henderson, (1877), 2 Q.B.D. 575 ; 46 L.J.Q.B. 607 ; 37 L.T. 22 42 TABLE OF CASES CITED. xi I'AGE Paul, in re, ex parte Earl of Portarlington, (1890), 24 Q.B.D. 247 ; 59 L.J.Q.B. 30 ; 61 L.T. 835 ; 54 J.P. 644 • 52 Phen^ v. Popplewell, (1862), 12 C.B.N. S. 334 ; 31 L.J.C.P. 235 ; 6 L.T. 247 ; 10 W.R. 523 ; 8 Jur. N.S. 1104 . . 42 Phillips v. Rees, (1890), 24 Q.B.D. 17; 59 L.J.Q.B. i ; 38 W.R. 53 114 Portarlington (Earl of), ex parte, in re Paul. See Paul in re. Pratt z/. Brett (1817), 2 Madd. 62 51 Reg. v. Lee, (1866), L.R. i Q.B. 241 ; 35 L.J.M.C. 105 ; 7 B. & S. 188 ; 13 L.T. 704 ; 14 W.R. 311; 12 Jur. N.S. 225 76 SCHOFIELD V. HiNCKS, (1889), 58 L.J.Q.B. 147 ; 60 L.T. 573 ; 37 W.R. 157 43, 46, 52 Scottish Widows' Fund v. Craig, (1882), 20 ChT3. 208 ; 51 L.J.Ch. 363; 30 W.R. 463 69 Shrubb v. Lee, (1888), 59 L.T. 376 ; 53 J.P. 54 ■ • .60 Simmons v. Norton, (1831), 7 Bing. 640 ; j AL &. P. 645 -51 Smith v. Acock, (1885), 53 L.T. 230 ... 41, 49, 54, 97 Smith v. Richmond, (1898), i Q.B. 683 ; 67 L.J.Q.B. 439 ; 78 L.T. 174 ; 46 W.R. 401 77, 122 Stephens, ex parte, in re Lavies. See Lavies, //; re. Swire v. Leach, (1865), 18 C.B.N.S. 479; 34 L.J.C.P. 150; II L.T. 680 ; 13 W.R. 385 ; 11 Jur. N.S. 179 ... 88 Tanham v. Nicholson, (1872), L.R. 5 ILL. 561 . . 42 Tayleur v. Wildin, (1868), L.R. 3 Ex. 303 ; y] L.J. Ex. 173 ; 18 L.T. ^55 ; 16 W.R. 1018 42 xii TABLE OF CASES CITED. PAGE Vivian v. Moat, (i88i), i6 Ch.D. 730 ; 50 L.J. Ch. 331 ; 44 L.T. 210 ; 29 W.R. 504 43 W Wallis v. Hands, (1893), 2 Ch. 75 ; 62 L.J. Ch. 586 ; 68 L.T. 428 ; 41 W.R. 471 ; 3 R. 351 42 Walton, ex parte, in re LEVY. See Levy, /// re. Watherell 7^. HowELLS, (1808), I Camp. 227 ... 51 Wilkinson v. Calvert, (1878), 3 C.P.D. 360 ; 47 L.J.C.P. 679; 38 L.T. 813; 26 W.R. 829 74 Wrightson v. Bywater, (1838), 3 M. & W. 199; 7 L.J. Ex. 83 63 Young, ex parte, in re Day. See Day, in re. THE LAW OF AGRICULTURAL HOLDINGS. CHAPTER I. THE PRINCIPLES OF THE AGRICULTURAL HOLDINGS ACT, 1883. The Agricultural Holdings Act, 1883, applies only to Towiiathoui- those holdings which are " either wholly agricultural applies. S. 54 {a). or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden," and it does not apply to any holding let to the tenant during his continuance in any office, appointment or employment of the landlord. It applies onl}' to leases and yearly tenancies (d). The Law of Distress Amendment Act, 1888, the Law of Distress Amendment Act, 1895, and the Market Gardeners' Compensation Act, 1895 {/?d), must also be read and construed as part of this Act. Under the last-named statute if a holding is to be let or treated as a market garden, the parties must so agree in writing. (a) Post p. 91. {b) See definition of "contract of tenancy" in section 61 of the Agricultural Holdings Act, 1883, /c^j-/* p. 94. (bb) Post p. 121. I 2 Principles of the Agricultural Holdings Act, 1883. Permissive With the exceptioH of the clauses relatinsf to iinture of Act. ^ *-" compensation for nnex/iausted improvements, in respect of which it is professedly compulsory, the Act is s. 55(c). permissive. Sect. 55 makes void all contracts, agree- ments, or covenants, whereby a tenant deprives himself of his right to claim compensation under this Act. Great facilities are, however, given for Ss. 2, 3, 4, 5, 8 contracting out of the Act by means of agreements to be substituted for compensation under the Act. If it is desired to exclude it altogether, such clauses as those suggested below ie) may be inserted in the agreement, or penal rents may be imposed on the execution of improvements. This course, however, is not advisable, as it would probably result in litisration. Matters dealt with by the Act. The Act alters the law on the following points: — (i.) The length of notices to quit. (2.) The right of a Tenant to fixtures and buildings erected by him. (3.) The Law and Procedure under a distress. (4.) The right of a Tenant to have compensation for the unexhausted value of capital laid out upon his holding, called in the Act " com- " pensation for improvements." Notices to Quit. Notice to quit Before the Act where no agreement or custom under yearly " Ss"*3"376i (/). regulated the length of notice to be given under a [c) Post p. 91. {d) Post pp. 45-49, 54. {e) Post p. 18. (/) Post pp. 73, 94. Principles of the Agricultural Holdings Act, 1883. 3 yearly tenancy, a half-year's notice expiring with a year of the tetiancy, was by hnv necessary to determine it. The Act nf)w makes ^^ayears notice so expiring " Forms 2, 3 (^). necessary, and permits a landlord and tenant who wish to exclude this section to do so by writing under their hands. But sect. 33 does notappl)- where a half- current , . , . . , . tenancies. years notice or any other notice is expressly stipu- lated for (gg). It has also been decided by the Court of Appeal that a tenancy which provides for three calendar months' notice to quit on any day of the year may nevertheless be a tenancy from year to year (//). In what degree the section affects current tenancies is fully considered in the notes to sect. 33. The section is not to apply to a case where the tenant is bankrupt, or has filed a petition for a composition or for arrangement with his creditors. The Act also makes provision for the landlord .Resumption for ^ improvements. taking possession of part of the holding for certain ^- "♦' ^^"''*- purposes (specified in sect. 41). In such a case the landlord gives the tenant notice to quit the part that Form 4 (/). he requires, stating the purpose for which he requires it. The tenant may within 28 days after such notice, Form 5 (/t). if he please, give notice to the landlord that he accepts the landlord's notice as notice to quit the entire holding. If the tenant, however, accepts the landlord's notice for part of the holding, he will be entitled to a (i') Appendix II., /^5/ p. 135. (gg) Barlows. Teal, (1S85), 15 Q.B.D. 501 ; 54 L.J.(^).B. 564; 54 L.T. 63 ; 34 W.R. 54 ; 50 J. T. 100. Post p. 74. {h) King V. Evers/uhi, (1897), 2 Q.B. 475: 66 L.J.Q.B. 809; 77 L.T. 195 ; 46 W.R. 51 ; 51 J. P. 740. Post pp. 74, 96, 123. {hh) Post p. 80. (j) Appendix \l., post ^. 135. (/(•) Appendix II., post p. 135. I A Appendix i, Clause 28 (/). 4 Principles of tlie Agricultiiral Holditigs Act, 1883. proportionate reduction of rent, both in respect of the land comprised in the notice, and in respect of the depreciation in vakie caused to his holding by the withdrawal of such land from the holding, and he will also be entitled to compensation in respect of any improvements made on such land. It will probably be found always more convenient to insert in every agreement clause 28 of Appendix I., giving the landlord power to resume without any notice being necessary. Fixtures. S. 34 (til). Form 15 in). Form 16 {o) Fixtures. The Act allows the tenant to remove a fixture, machinery or building, erected after the commence- ment of the Act, to which he would not be entitled to compensation under the first part of the first schedule to the Act. Before he does so he must give a month's notice in writing of his intention to remove it. The landlord may then elect to purchase it, and if the parties cannot agree as to its value, disputes will be settled by reference as in case of compensation, but without appeal. The circumstances under which a tenant may remove fixtures are detailed in sect. 34 of the Act. This section is mainly a re-enactment of sect. 53 of the Agricultural Holdings (England) Act, 1875. (/) /Vjj/p. 66. (ot) Post p. 75. («) Appendix III., post p. 139. (0) Appendix III., post p. 139. Principles of the Agricultural Holdings ^t/, 1883. 5 By sect. 3 of the Market Gardeners' Compensation Act, 1895 (/), the provisions of sect. 34 are made to extend to every fixture or buildiny; affixed or erected by the tenant to or upon his holding for the purposes of his trade or business of a market gardener. Distress. The La^\' and Procedure under a distress were Distress, materially altered by sects. 44-52 of the Act. Sects. 49-52 are repealed by the Law of Distress Amend- ment Act, 1888, {q) and re-enacted with certain additions and modifications. The application of the provisions of the new Act is more general. Besides important modifications in the law and practice of making distress, sect. 46 provides a s. 46 ('■). new method of procedure for the decision of the many vexatious little questions which often arise under a distress ; namely, a summary trial either in the County Court or before justices with an appeal to Procedure per- missive. Quarter Sessions. This mode is not compulsory, and the tenant may still, if he pleases, replevy or bring his action in the High Court. Clauses 29 and 13A, ciauses29, 13A infra, if inserted in a farming agreement, may save a costly action in the High Court for illegal distress. Sect. 44 limits the landlord's right of distress toS-44('). one year's rent, but modifies this limitation by a proviso as to rent collected after it becomes legalh' due. (/>) Post p. 121. ('/) 51 ^^ 52 Vict. c. 21, post y. 107. (r) Post p. 88. (5) Post^^^. 132, 134. (t) Post p. 84. 6 Principles of the Agriailhwal Holdings Act, 1883. Appendix i, Clause 7 (.1). S.45(>'). Privilege from distress. S. 47 (2). Set-off against rent in arrear. A landlord may distrain for rent legally due, but not payable according to the course of dealing, and also for rent which has become legally due more than a year previously, but had become payable according to the custom of dealing less than a year previously, even although the total amount distrained for exceeds one year's rent («). Clause 7 of Appendix I. enabling the landlord to distrain in advance will probably be more often resorted to, and if more than one year's credit is required, the landlord may take a bill of sale over his tenant's effects. This course, however, should not be adopted if it can be avoided. Sect. 45 gives a conditional privilege from distress to live stock (defined by sect. 61) which are upon the premises by way of agisting, and absolutely protects machinery, and live stock taken in solely for breeding purposes, and which are on the premises under a bond fide agreement for hire, and are the bond fide property of a third person. Sect. 47 provides for a set-off, as against rent in arrear, of compensation ascertained, not only " under the Act," but under " any custom or contract." Other changes made by sects. 5, 6, 7, and 8 of the Law of Distress Amendment Act, 1888 ((I:), are the abolition of appraisement, except in cases where the tenant or owner of the goods and chattels by writing requires (?<) Ex parte Bull, in re ^t'w, (1887), 18 Q.B.D. 642 ; 56 L.J.Q.B. 270 ; 56 L.T. 571 ; 35 W.R. 455 ; 51 J.P. 710. Post p. 85. {x) Post p. 126. {y) Post p. 85. (2) Post p. 90. {a) 51 & 52 Vict. c. 21. Post pp. 107-110. Principles of the Agricultural HoUings Act, 1883. 7 such appraisement to be made ; extension of time for replevy ; distress to be levied by certified bailiffs, appointed by certificate in writing from the County Court Judge; and a fresh scale of charges under the rules made pursuant to sect. 8 {b). Compensation. The main object of the Act, more important than compensation for improve- all the matters above mentioned, is to provide coinpen- mems. ' ^ -^ Ss. 1-6 (c). sation for the tenant, if he be forced to leave his farm before improvements effected by the capital which he has invested in it have been exhausted. The principle on which the tenant's right to compensation is based " is precisely similar to his right to emblements, which right rests on the principle that a farmer is entitled to reap or be paid for the crop which he has sown, but which he is compelled to leave before it grows ripe." The Act provides a special mode of procedure for procedure to , f. . , - . , assess compensa- the assessment of compensation by referees, with an tion. appeal to the County Court, which will be found set out in the Chapter on Procedure {d). The Act only applies to improvements executed el^^^u7«"be"ore before January ist, 1884: (i) as to improvements |^""("'; '^^^" mentioned in the third part of the first schedule (/), when they have been executed within ten years previous to that date, (2) as to improvements men- tioned in the first or second part of the first (d) Post p. 1 10. {c) Post pp. 41-51. ((/) Post p. 23. (e) Post p. 45. if) Post p. 99. 8 Principles of the Agricultural Holdings Act, 1883. Improvements executed after Jan. ist, 1884, under tenancies current at that date. S. 5 W. Improvements executed under tenancies be- ginning after ist Jan., 1884. S. 61 (/). S. 1 {I). The "sitthig tenant. " schedule (^), when they hav^e been executed within ten years previous to that date and the landlord has consented, in writing, to the making of them within one year after that date. In either case only when the tenant is not entitled under any contract, custom, or the Agricultural Holdings Act, 1875, to compensation in respect of them. The Act does not interfere with contracts of tenancy current on January ist, 1884, where, under any agreement in writing, or custom, or the Agricul- tural Holdings Act, 1875, " specific compensation " is payable in respect of improvements executed after that date. Compensation will continue to be payable under such agreement, custom, or Act, until the con- tract of tenancy becomes one beginning after the Act, pursuant to sect. 61 (/). Where no such specific compensation is provided, the landlord can exclude the Act, as to the improvements in Part HI. of the First Schedule (/t), by executing a particular agree- ment with his tenant, providing " fair and reasonable compensation." Current tenancies from year to year soon become tenancies beginning after the commencement of the Act, but the provisions above-mentioned will con- tinue to apply to leases. {When right to compensation arises.) The right to compensation only arises on the tenant " quitting his holding on the determination of a (g) Post pp. 98, 99. {Ii) Post p. 48. {i) Post p. 94. {k) Sect. 5, post p. 48. (/) Post p. 94. Principles of the Agricultural Holdings ^r/, 1883. 9 tenancy." No attempt is made to provide for the contingency of the rent being raised upon the tenant's own improvements. Every change of tenancy in- volves expense and loss to the landlord ; the rent could only be raised either with the consent of the tenant, or b)- serving him with a notice to quit, and if a notice to quit were given by either party the landlord might be liable for compensation ; so he is hardly likely to rack-rent the tenant on his own improvements. Sect. 58 (/;/) provides for compensation for im- compensation provements made during a former tenancy, where the tenancy, tenant continues in his holding during a change of tenancy, as, for instance, where a lessee increases his holding during the currency of a lease. Where trustees are authorised to lease at the best Leases of Xmst 1 • 1 1 1 1 • -1 ^""^ Charity rent obtamable they need not, m renewmg leases, lands. •^ , ^^ s. 43 («)• raise the rent on the tenant's improvements. {^Matters in 7-espect of which compensation may be claimed.) The matters in respect of which compensation can be claimed are set out in the three parts of the Vwsi Schedule to the Act. So far as the improvements in Part I. are concerned, Schedule i. Part 1.(0). matters are left very much as they were before the Act. The co)isent of tJic landlord in writing must be obtained before they can be executed, and they are generally of a [permanent nature and involve a large outlay of capital. The landlord may give his consent upon any terms he pleases, and, in fact, arrange with his tenant as before. (m)rost p. 93. («) Post p. 83. {0) Post p. 98. lO Principles of the Agricultural Holdings Act, 1883. Schedule t, Part2(/). Drainage. S. 4 (?). Form 8 (r). Charge of drain- age on holding. S. 29 (s). Drainage by tenant in default. Schedule i, Part 3 (/). Part II. contains onl}' one improvement, namely, Drainage. Sect. 4 relating to drainage, provides that before drainage can be executed, the tenant must give not more than three and not less than two months' notice in writing of his intention to do the drainage (stating the manner in which he intends to do the work), to the landlord. The Act then provides three alter- native modes : — The landlord may do the drainage himself and charge the tenant interest at ^5 per cent, on the outlay for any length of time, or such a sum as will repay principal and interest at £'^ per cent, in a term not exceeding twenty-five years ; or, the landlord may stand by and see the tenant do the drainage at his own risk ; or the landlord and tenant may agree upon the terms " as to compensation or otherwise on which the improvement is to be executed by the tenant." If the landlord do the drainage himself he may charge the cost of it upon the holding. If the landlord undertakes to drain and does not comply with his undertaking within a reasonable time, the tenant may execute the draining and claim compensation. Part III. contains some improvements of a durable nature, such as chalking, liming, and so on, and others, the effects of which are very quickly exhausted, such as the application of artificial manures and con- sumption of feeding stuffs. (/) Post p. 99. ((/) Post p. 46. (;-) Appendix III., post p. 136. [s) Post p. 67. (/) Post p. 99. Principles of the Agricultural Holdings Act, 1883. 1 1 No consent or notice is necessary before these improvements in Part III. are executed, though notice of claim must be given [u). By sect. 3, sub-sect. (3) of the Market Gardeners' Market Garden . , , , ... Improvements. Compensation Act, 1895 {x), certam other improve- ments there mentioned are to be deemed to be comprised in Part III. of Schedule I. of the Agri- cultural Holdings Act, 1883, where it has been agreed between the parties that the holding shall be let or treated as a market garden. {Specific and fair and reasonable compensation.) The landlord and tenant may exclude the Act, as s. 5 (^o. to the improvements in Part ill., by " a particular agreement in writing, providing fair and reasonable compensation." In considering what constitutes such fair and reasonable compensation as would oust compensation under the Act, regard is to be had to the " circum- stances existing at the time of making such agreement." Thus a sudden increase in prices, or in the value of the land, will not affect the fairness or reasonableness of an agreement. If this provision is construed liberally, as it ought to be, and the state of things existing at the time of executing the agree- ment fairly weighed and considered, it ought not to be a difficult matter to draft an agreement providing fair and reasonable compensation. The provisions of the Act itself, taken with the customs of each par- ticular district, will form a fair test of what is fair and reasonable compensation. (m) Appendix III., form w^post-^. 137. (a-) 58 & 59 Vict. c. 27, post p. 121. (j') Post p. 48. 12 Principles of the Agricultuml Holdings Act, 1883. tlrnec?.''*^"' The Act does not provide any means for ascer- taining whether compensation by agreement is specific Procedure for r • i i i t-' reference applies or fair and rcasonable. The procedure for reference to substituted compensation. proN'ided by scct. 1/ appHcs to such substituted com- pensation only so far as to give the referees power, if compensation is claimed under the Act, to award compensation for improvements provided for by such agreements, " if and so far as the same can, con- sistently w^ith the terms of the agreement, if any, be ascertained by the referees or umpire " and the award is, when necessary, to distinguish such improvements and the amount awarded in respect thereof The effect of the section would, at first sight, appear to be that a tenant might claim compensation under the Act for matters contained in his agreement, and also for matters not covered by the agreement but included in the schedule to the Act, and that he could then obtain compensation for all such matters before a referee. But it must be remembered that the compensation provided by sects. 3, 4, and 5, is to be deemed to be substituted for compensation under this Act ; the object of the section is only to give the tenant the option of having the compensation due under his agreement assessed by referees as if it were compensation due under the Act, and it does not give the referee any power of ascertaining the validity and meaning of an agreement ; any tenant questioning the agreement on the ground that the compensation is not specific or fair or reasonable, must still seek the assistance of a court of law. It will, however, be very difficult for a tenant to upset the agreement, as (2) Post p. 59. Principles of the Agricultural Holdings /^r/, 1883. 13 the Court will not give him any assistance unless it is quite clear that the Act has been evaded. On the other hand, under any agreement providing Compuisoo- re- . . 1 /- ference— appeal. substituted conipejisation the tenant can always force ^^- 17, 23 '«)• his landlord to a reference with an appeal to the County Court, unless a provision like clauses 29 or 13c? of Appendix I. (/^) is inserted in such an agree- ment, and, it may be, even in spite of such an agreement. If the tenant claims more than ^100 under the Act, and less than iJ"ioo is awarded to him, either party may appeal under sect. 23, the test of the right to appeal being whether the sum claimed exceeds £100. It will, however, always be worth while, notwithstanding the ambiguous terms of sect. 17, to contract out of the Act, and to provide a mode of assessing compensation. There is nothino; in the Act to prevent a landlord Landlord may '-' ^ impose terms. from imposing terms upon his tenant as to what improvements should be executed, or prohibiting him from executing certain improvements without the landlord's consent. Sect. 55 ic) onl)' avoids an agree- ment depriving a tenant of his right to compensation for improvements already executed. If the agree- ment specifies certain improvements and gives specific compensation for them, stating it to be in substitution for compensation under the Act, such an agreement, even if it contains terms i)rohibiting improvements or regulating their execution, w ould hardly be considered by a court of law as unfair or unreasonable. Where an agreement provides for a reduction of rent as (a) Post pp. 59, 62. (b) Appendix I., /^jjV pp. 132, 134. {c) Post p. 91. 14 Prmciples of the Agricultural Holdings Act, 1883. compensation in consideration of the tenant executing improvements the fact should be distinctly stated. {Basis on ivhich compensation is calculated!) s- ' W- The basis upon which compensation is to be calculated is to be the " value of the impro\-ement to an incoming tenant," and not as in the Act of 1875 the unexhausted value of the "outlay." The criterion of the value to an incoming tenant will no doubt be in most cases the rental value, and part of this may be due to a general rise in the value of land, or causes other than the making of the improvement. This test of value is, however, limited as follow^s : — Restrictions .ind (i.) The valucrs are not, in estimating, to take into limitations on compensation. account what is justly due to the inherent s- ' ('^^ ... . capabilities of the soil. s. 6 w. (2.) The landlord may set-off against the tenant's claim arrears of rent, rates, taxes, tithes, waste, damages for breach of covenant, and benefits and allowances made in consideration of the improvements. Notice must be given as pro- s. 7 C/). vided by sect, 7. s. 59 is)- (3.) With the exception of the improvements numbered 22 and 23 (//), no compensation can be claimed for improvements begun after the following times : — If the tenant is a yearly tenant, and oititled to a year's notice — within one year before he quits {d) Post p. 41. {e) Post p. 49. {/)/'<75/p. 52. {g) Post^. 93. {h) Post p. 99. Principles of the Agricultural Holdings Act, 1883. 1 5 his holding, or after he has given or received notice resulting in his quitting ; — If he is a yearly tenant, and entitled to six i)i07iths' notice 07ily — within one year before he quits, if he gives notice resulting in his quitting ; if he has begun within the year and his landlord g\\&s him notice, he may go on and claim ; — If he is a lessee — within one year before the expiration of his lease. If the tenant previous to beginning the improve- Form 10 (/). ment has given notice of his intention to the landlord, and the landlord has assented, or has consent of /- -1 1 1 • r 1 r • ^landlord. failed to object lor a month alter receipt 01 notice, the tenant can claim compensation. (4.) Before the tenant can obtain compensation he s. ^ {k). must have given the notices required by sect. 7. On the other hand, the tenant may add to his claim Additions to , . J r 1 1 r claim for com- any sum due in respect 01 a breach of covenant or pensation. S. 6 (I). other agreement connected with a contract of tenancy and committed by the landlord. The " inherent capabilities of the soil " (if it means The inherent anything, and was not inserted ex viajori cautela) '^^^^ forms a field for speculation and dispute, as what such capabilities are must rest solely on the diverse decisions of valuers (;;/). The provision for set-off does not provide for one Setoff, what is a benefit. very common case. In most leases and agreements s. 6 (/). (i) Appendix III., /osip. 71. if) Chapter II., post p. 23. (2) Appendix I., post p. 133. Principles of the Agricultural Holdings Act, 1883. 19 A few remarks may here be made about the clauses and objects of the first Precedent («). Clause 2 excludes sect. 33 of the Act, providing for Notice to quit, one year's notice to quit. It may be questionable, however, whether it is expedient to exclude this section, having regard to the provisions of sect. 59. The clauses will necessarily be modified according Remsand penalties. to the customs, and the different relations of landlord and tenant in the different counties. The rents and penalties in clause 5 [b) will not by any means be universally applicable. Tenants in some counties are allowed great liberty as to rotation of crops, and as to the crops to be put upon the land, and at the present day it is inexpedient to press a tenant too closely. The same remark applies to clause 7 [c). In some Rent payable in 11 111 advance. counties no tenant wouki accept such a clause. In others it is frequent ; in others it is only the last half- year's rent which is made pa}'able in advance. Its effect is that, if the landlord is compelled to distrain, he can distrain for one year and a half's rent " accrued due." The agreement for compensation {d) referring to Compensation, the second schedule of the agreement, clause 12 {e) providing for payment of compensation by the in- coming to the outgoing tenant, and the second schedule itself, only extend to the matters in Part III. of the First Schedule to the Act (/). In practice the (fl) Appendix I., post p. 125. {b) Appendix I., /£;j-/' p. 126. (c) Appendix \., post ^. 126. (d) Clause 10 of First Precedent, Appendix I., post p. 127. {e) Appendix I., /iJj/ p. 128. (/) Post p. 99. 2 A 20 Principles of the Agricultural Holdings Act, 1883. compensation for tlie permanent and durable im- By whom paid, provcmcnts will be paid by the landlord, but for the transient improvements such as manures and feeding stuffs b}- the incoming tenant just as he now paj-s for seeds and tillages. The incoming tenant may leave himself before the value of a durable improvement is exhausted. If the landlord and tenant come to any agreement as to the execution of matters in Part I., they will probably do so by a separate agreement. Drainage. Clauscs Q (^) and 1 8 (/^) providc an agreement for drainage. Independently of such an agreement there is no clause in the Act giving the landlord any power to drain and charge the holding in the first instance where he has an obstinate tenant who refuses to drain. He must either give his tenant notice to quit, or do it himself under clause 3 (/) at his own expense, and charge the holding under section 29 {k) of the Act with the amount. Cultivation. As above mentioned the clauses as to cultivation may be dispensed with or greatly modified according to the variety of soils and climates in the countr}-. Those in the Precedent are applicable in the four course system only, as being the most general system in the country. Selling off crops. Clausc 1 5 {I) relating to selling off produce will, in many cases, require considerable modification in form [g) Appendix I. , /^jj'/ p. 127. {Ji) Appendix I., posi p. 129. (z) Appendix \., post p. 125. {k) Post p. 67. (/) Appendix I., /o.>V p. 128. Principles of the Agricultural Holdings Act, 1 883. 2 1 or in practice. In many counties tenants are allowed to sell off produce for the first two or three years. Clause 16 (;//) relating to samples of artificial Artificial \ / o 1 manures. manures may be sometimes found impracticable owing to the amount of labour which it would entail on the landlord, but where practicable it would be decided!)- useful by giving the landlord control over the qualit)' of the manure put upon the soil, and it would enable him to ascertain the value of the manures in the event of a reference, as otherwise the valuer on esti- mating the amount of compensation has nothing to guide him but the tenant's vouchers. Such a clause would not be within the provisions of sect. 55 (;/), nor would it render an agreement unfair or unreasonable. Manufactured manures and feeding stuffs are matters in which farmers are very liable to be imposed upon, some of them are hardly worth the cost of carriage. The clauses relating to the last year of the tenancy Last year, and _ quitting. and quitting vary greatly. Those which are most general have been inserted, and it is believed that the general valuation clause 24 ip) will be found in most cases to include the tenant right by custom not touched by the Act. It ma\' ver\- likely be objected that the procedure Arbitration clause. under the Act is not sufficient!)' satisfactory for general purposes of valuation, but it has been thought better to mal. 132. '<^ Procedure. CHAPTER II. PROCEDURE. The procedure under the Act is of three kinds : — (i.) Proceedings before a Referee P':'^"'^"''*^" ^ ' ' reference — Referees, or Umpire — Jefefee?^ (rt:.) To obtain compensation for unexhausted improvements. {b.) To assess the value of a fixture claimed by the tenant. (2.) Proceedings in the County Court — (a.) To appoint a referee or umpire. (=) i" 'he ^ ' ^ ^^ t County Court. (/;.) To extend the time for delivering the award. (c\) On appeal from a reference. {d^ To appoint a guardian or next friend. (^.) To tax costs. (3.) Summary Proceedings in the County Court, or before Justices — Procedure under Distress clauses. ((t.) To decide matters arising under the sections relating to distress. The two first will be treated together, as the)' both apply to the same matters, the Count)- Court being a Court of Assistance as well as a Court of Appeal from the reference. The forms for use in the proceedings will be found in Appendices II. to V. {a). (rt) Post pp. 135-150. 24 Procedure. Parties to Landlord and tenant are the parties contemplated proceedings. r^ i b}' the Act as takhig these proceedings ; but other persons ma\-, under sect. 46 {b), become parties to the proceedings under the distress clauses, and there is nothing in the Act to prevent mortgagees, remain- dermen, and others, from attending the reference or Count)' Court proceedings to see after their interests, though there is no provision in the Act for allowance of their costs if they do so. The costs of the Q°^'*' A I \ reference are in the discretion of the referees or OS. 20, 27, 40 \c). umpire, and the costs of County Court proceedings and proceedings before the Justices are in the dis- cretion of the Court. Appointment of By sect. 25, wherc a landlord or a tenant is an guardian. s. 25 W. infant without a guardian, or is of unsound mind not so found by inquisition, the County Court, on the application of any person interested, may appoint a guardian for the purposes of this Act, and may change the guardian if and as occasion requires. Married women. The County Court may also appoint a person to act as the next friend of a married woman for the purposes of this Act, and may remove or change that next friend if and as occasion requires. Forms 34, 36 (y^. No special mode of procedure is provided for such applications, and they may be made by summons. Service of Auy uoticc, requcst, demand, or other instrument notices, &c. 1 1 • \ , s. 28 {g). may be served on any person under this Act — (i.) Personally. (b) Post p. 88. (<:) Post^^. 61, 66,88. {d) Post p. 65. [e) Post p. 66. (/) Appendix IV., post pp. 145, 146. (g) Post p. 66. Procedure. 25 (2.) B}' leaving it at his last known place of abode in luigland. (3.) By sending it through the post in a registered letter addressed to him there. Under the compensation clauses all appointments, notices, and requests must be in writing (with the exception perhaps of the notice in sect. 14 (//) by the referees to the parties), and it will always be well to send notices in writing in any case. Procedure on Reference. Procedure on reference. Giving Notice. Where a tenant has executed an}' improvement in or the notices necessary before the Schedule to the Act, and he has agreed with his reference, landlord for substituted compensation under any of the sects. 2 — 5, he need not give notice of his intention to claim compensation in respect of such improve- ments, unless he desires to have the compensation coinpens.-ition by agreement. under the agreement assessed by reference under ■''^- ^~5 u). the Act, as pro\-idcci in sect. 17 {k). Otherwise the compensation is payable in pursuance of the agree- ment, and the agreement must he set aside in a court of law before either part)' can claim LUKJer the Act. Where, however, the tenant has made no agreement compensation •11-1111 11 -1 • u'lder the .\ct. witli his landlord, and he wishes to get compensation for unexhausted improvements under the compulsory clauses of the Act, or where he wishes to have the compensation payable under his agreement assessed ^°''|i^ ""^ ^'*""- {//) Post p. 58. (j) Post pp. 45-49. (k) Post p. 59. (/) Sec notes and cases to sect. 7, post p. 52. 26 Procedure. Form II (w). Counter notice by landlord. Ss. 6, 7(0). Form 12 (Z'). Tenant only can begin. Assessing the value of a fixture, S. 34 iq). Form 15 (r). b\' reference under the Act, he must be most careful not to neglect giving to his landlord notice in writing at least two months before the determination of his tenancy of his intention to claim compensation. If he neglect to give this notice or give it a day too late, his claim to all compensation under the Act is gone, and he must recover what compensation he can by custom or in any other manner allowed by sect. 57 in). On receipt of such notice the landlord may, on his part, before, or within fourteen days after, the deter- mination of the tenancy, give a counter-notice in writing that he claims to set-off against the tenant's claim a claim for compensation in respect of the matters mentioned in sect. 6. It must be noticed that the landlord cannot give notice to a tenant in the first place. The power of beginning proceedings for compensation lies with the tenant. When the tenant has once begun, the land- lord may go on with his counter-claim, even if the tenant's claim is withdrawn. When under sect. 34 the tenant intends to remove a fixture or building put up by him upon his holding, after January ist, 1884, he must give one month's previous notice in writing of his intention to remove it, and satisfy all the obligations which by that section are conditions precedent to its removal. {m) Appendix III., post p. 137. (m) Post p. 92. ((?) /"(jj/ pp. 49-54. (/) Appendix \\\., post p. 137. {q) Post p. 75. (r) Appendix III., post p. 139. Procedure. 27 The month's notice ought to be given before the determination of the tenancy, as it is only a tenant who can give the notice ; but it need not necessarily have expired before the tenancy has determined. The landlord may at any time before the expiration Counter notice , , , by landlord. of the notice of removal give notice in writing that he elects to purchase the fixture. Form 16 w. Agreement as to Compensation or Value of Fixture. The landlord and tenant may then by agreement ^^'^^"^^"- ^"'^ J Jo compensation or between themselves settle the question of compen- s?^!'). sation for unexhausted improvements, or the value of the fixture. They may agree as to the " amount, mode, and Form 13 («). time of payment of compensation " for improvements, or as to the value of the fixture. If they differ, the difference is to be settled by a reference in manner provided by the Act. Appointment of a Referee. A referee may be appointed — The referee. _ Ss. 9-14 (.V). (I.) By the parties jointly by agreement. (2.) By each party separately. (3.) By the County Court. (4.) By the Land Commissioners for England. The parties ma)' agree in writing in appointing a Appointment by agreement of a single referee. ^'ng'e referee. 5ub-s. I, Sub-s. I, 2 (^ . {$) Appendix III.,/(7j/p. 139. (0 Post p. 54. («<) Appendix III., post p. 13S. (jt) Post pp. 55-58. (j) Post p. 55. 28 Procedure. Form 17 (c). Revocation of submission. S. 12 (a). Forms 20, 21 (1^), Where parties do not agree. S.9. Sub-s. 3 (c). Sub-s. 4 {d). Forms 17, ig (^), Notice of appointment. S.9. Sub-ss. 5, 6 (/). Form 18 (g). S. 10 (A). Form 24 (;'). If before award the referee die, or become incapable, or if he fail to act after seven days' notice in writing requiring him to act from either of the parties, they may agree and appoint a fresh referee, or they may appoint separate referees as below. The delivery will be a submission to reference by the parties delivering it. Neither party can revoke a submission or the appointment of a referee without the consent of the other. The single referee will then consider the matters referred, and make his award. Where the parties do not agree, each shall appoint a referee in writing. If either of these referees before award die, or become incapable of acting, or if either fail to act after seven days' notice in writing from either of the parties requiring him to act, the party appointing him shall appoint a fresh referee. On each appointment the appointing party must give notice in writing to the other party stating the fact of the appointment, and requiring the other party, if he has not already done so, to appoint a referee. Either party may also b}^ such notice require that the umpire shall be appointed by the Land Commis- sioners or by the County Court. (z) Appendix \\\.,post p. 139. (a) Post p. 57. {p) Appendix III., /(?5/ p. 140. ( ^ (?)• the Judge of the County Court, or by consent of the parties the Registrar, may on Formss-. 33{r). the application (b}' summons in chambers) of the party giving notice, appoint a referee. (2.) Either party, if he has appointed a referee. Appointment of umpire by may give notice in writing to the other i.-and Commis- party that he requires that the umpire shall 5^^°s. i w. be appointed b)- the Land Commissioners. Forms 2^,25 (/). {k) Post p. 56. (/) Appendix III., /cj7 p. 142. (w) Post p. 56. («) Post p. 59. {6) Appendix III., post p. 142. {p) Post p. 56. {q) Post p. 55. (r) Appendix \\.,posi\>. 145. (j-) Post p. 56. (/) Appendix III.,/^jYp. 141. 30 Procedtire. Appointment of umpire by County Court on application. S. lO. Sub-s. 2, s. II («). Forms 25, 26, 32, 33 W. Appointment ot umpire by County Court in default. S.9. Sub-s. 9, s. II The Land Commissioners will then, on the application of either part}- to them, appoint an umpire or a fresh umpire. (3.) Either party ma\', if he has appointed a referee, give notice that he requires that the umjDire shall be appointed by the County Court. If the other party do not dissent, the Judge of the County Court (or by consent of the parties the Registrar) may, on the application of either party, by summons in chambers, appoint an umpire or a fresh umpire. The other party ma\', however, dissent in writing from this. If he do so, the Land Commissioners will, on the application of either party, appoint an umpire or a fresh umpire. (4.) Where the referee for se\"en da}-s after request from either party fail to appoint an umpire or a fresh umpire, the County Court shall in like manner, on the application of either party within fourteen days appoint an umpire. The procedure on application for appointment of a referee or umpire by the County Court is regulated by the County Court Rules, 1889, Order XL., Rule 7A {z). The appointment must be made b}- the County Court Judge unless the parties consent to the jurisdiction being exercised by the Registrar {a). {u) Post p. 57. (jf) Appendix \\\., post p. 141 ; Appendix IV., post p. 145. (y) Post pp. 56, 57. {2) Post p. 102. See also /;; re Griffiths and Morris. (1895), I Q.B. 866; 64 LJ.Q.B. 386; 72 L.T. 290: 43 W.R. 652 ; 59 J. P. I34 ; 15 R. 301. (a) County Court Rules, 1889, Order XL., rule 7A (2), post p. 102. Procedure. 3 1 The costs of proceedini];s in the County Court are costs, in the discretion of the Court. The referee, referees or umpire will then proceed to The hearing. consider the matters referred. Thev may proceed in the absence of parties after s. 14 (c). J J ^ ^ Form 29 W). giving notice. They ma\' call for the production of " an)' sample Evidence, ,1 1 -J ^- '3 W- or voucher, or other document, or other evidence which is in the possession or power of either party, or Form 30 (/). which either party can produce, and which," to them, " seems necessary for the determination of the matter referred," and they may examine the witnesses on oath. There is no provision in the Act enabling referees, in the event of persons disobeying their orders, to enforce production of documents or samples, or imposing a penalty on non-production. It must be noticed, too, that they can only call for the production of evidence " in the possession or power of either party, or which either party can produce." As a referee could disallow any claim which could only be supported by evidence which is not produced, and make the offending party pa)- the costs, the section will probably work in practice, notwithstand- ing the absence of means of enforcing the referee's orders. A referee must obtain evidence on all the points pj^/j^,^;,,), which must be specified in his award. If any such (b) Post p. 66. (f) Post p. 58. [d] Appendix III., post p. 142. {e) Post ^.S7. (/") Appendix III., post p. 142. (g) Post p. 60. [h) Appendix III., post ^. 143. 32 Procedure. Costs of reference. S. 20 (/). Form 31 {k). Time for delivery of award. By referee. S. 16 (/). Form 22 {>«). Form 28 («). By umpire. S. 18 (o). Form 28. evidence is wanting, he cannot award an\- compen- sation in respect of the matters covered by it. The costs of and attending tlie reference, including the remuneration of the referees or umpire, and " other proper expenses," are in their discretion. Such costs are subject to taxation by the Registrar of the County Court, on the application of either party, in chambers, in the same way as in an ordinary action in the County Court, and the taxation is subject to review by the Judge of the County Court. The times for delivering the award are as follows : — (i.) For a single referee, twenty-eight days after appointment. (2.) For two referees, twenty-eight days after the appointment of the last appointed of them, or — (3.) The two referees may, from time to time, jointly fix a further time by writing under their hands, not exceeding, in tlie whole, forty-nine days after the appointment of the last appointed of them. If the two referees fail to deliver their award within such time, the matters stand referred to the umpire. (4.) For the umpire, twenty-eight days after notice in writing, given to him by either party, or by the referees of the reference to him, unless — {{) Post p. 61. {k) Appendix III., post p. 143. (/) Post p. 58. (m) Appendix III., posi p. 141. (m) Appendix III., post p. 142. (o) Post p. 59. Procedure. 33 (5.) The Registrar of the County Court, from Extension of time by Registrar time to time, appoints an extended time, on of County court. the appHcation (jf the umpire, or of either part}', made before the twenty-eight days, Forms 35. 36 {;>). or time or times ah'eady extended b\' the Registrar, ha\-e expired. The Registrar may make what extension of time he pleases, as no Hmit is placed upon his discretion. The award must be in writing, signed by the what the award must contain. referee or referees, or umpire. s. i9(y). It must specify, "so far as possible," {a.) The several improvements, acts, and things, form 31 (»•). in respect whereof compensation is awarded. {b.) The time at which each improvement, act, or thing, was executed, done, or permitted. (r.) The sum awarded in respect of each improve- ment, act, or thing. Where the landlord desires to charge his estate with the amount of the compensation found due to the tenant — {d) The time at which, for the purposes of such charge, each improvement, act, or thing, in respect of which compensation is awarded, is to be exhausted. Also— (^.) In what proportion the costs of the reference s. 20 u). are to be borne by the parties, or b}- whom they are to be borne. (/>) Appendix IV., fast pp. 145, 146. ((/) Post p. 60. (/-)^ Appendix \\\., pos( y. 143. (^•)!/Wp. 61. 34 Procedure. S. 21 (/). Award when final. Appeal from award. S. 23 (k). The award cannot be questioned ex- cept by appeal. S. 22 (x). Time for appeal, s. 23 iy). (/.) A direction for payment of costs. (^.) A time, not sooner than one month after the delivery of the award, for the payment of money awarded for compensation, costs, or otherwise. When the sum " claimed for compensation " (which means, it is submitted, the sum claimed by either party, and not the aggregate of the sums claimed by both parties) is less than ;^ioo, the award is final. Either party may then appl)' to tax the costs of the reference. If the sum claimed exceeds ;^iOO, either party may appeal to the Judge of the County Court ; on such appeal the decision of the Judge is final, except on questions of law, on which he must state a case for the High Court, at the request of either party. The decision of the High Court, not only on the case, but on costs, and any other matter connected therewith, is final, and must be enforced as if it were a judgment of the County Court. The submission, or award, cannot be made a rule of Court, or be removable by process into any Court, and an award cannot be questioned in any other way than by appeal to the County Court as above. If either party intend to appeal he must do so within seven days after the delivery of the award to him, and if no appeal is brought within such time the award is final. (/) Post p. 61. («) Post p. 62. (.*■) Post p. 61. {y) Post p. 62. Procedure. 35 The appeal may be made on all or any of the Grounds of appeal. grounds set out in sect. 23. s. 23. The Procedure on Appeal is regulated by the County Court Rules, 1889, Order XL., rules i — 6(.s'). The Judge shall hear and determine the appeal Procedure on ' ^ appeal. and may in his discretion remit the case to be re-heard, as to the whole, or any part thereof, by the referee, or referees, or umpire, with such directions as he may think fit. Recovery of sums agreed, awarded, or ordered, to be paid. When the parties have agreed under sect. 8 {b\ as Compensation, how recovered. to the moneys to be paid — or where a sum has been Ss. 24, 31 («). awarded — or where an order has been made on appeal for a sum to be paid — for compensation, costs, Form 39(f). or otherwise ; then, if the money is not paid within fourteen days after the " time when it is agreed, or § ^^ awarded, or ordered to be paid," it is recoverable in the County Court as if it were money ordered to be paid by the County Court under its ordinary jurisdiction. Sect. 31 provides that, where the landlord is a Trustee or mortgagee, s, ■; i . trustee or person entitled to the rents in any character otherwise than for his o\\ n benefit, the amount shall not be recoverable from him personally, but he may charge it on the holding, either before or after it has been paid to the tenant, or in default of payment by the landlord the tenant ma)' charge it, within one month after he has quitted his holding. (z) Post pp. 100, lOI. (a) Post^^^. 63, 71. (b) Post p. 54. See also notes to sect. 2^, post p. 63. (c) Post p. 147. 3 A 36 Procedure. Obtaining a charge. Ss. 29-32 (d) Evidence required. S. 29 (/). Charge of Compensation. A landlord, on paying the amount due to the tenant for compensation, or on draining, under sect. 4, after notice to drain given by the tenant, may obtain from the County Court a charge on the holding to the amount of the sum so paid or ex- pended in draining. The case of a trustee, or person having no beneficial interest, is dealt with by section 3 1 (^). The Court will require from a beneficial owner, (i.) Proof of the payment, or expenditure, of the sum sought to be charged ; and it will also, in any case, require to be satisfied of— (2.) The observance, in good faith, by the parties of the conditions imposed by this Act. The Court must then make an order, charging the holding with the amount paid with such interest and by such instalments and with such directions for giving effect to the charge as the Court thinks fit. The instalments and interest will be charged in favour of the landlord, his executors, administrators, and assigns upon the landlord's interest in the land, and " for all interest therein subsequent to that of the landlord." Where, however, the landlord is himself a tenant who pays compensation to an underlessee he can only charge the land for the interests of himself Limited Owners, and liis representatives. Where the landlord is a limited owner only, the instalments and interest will (rf) Post pp. 67-73. [c] Post p. 71. (/) Post p. 67. (g) PostY>^. 67-71. Order of charge. Ss. 29, 30 (g). Underleases. Procedure. 37 be spread over a smaller number of years, regard being had to the time when the improvement is taken to have been exhausted according to the declaration of the award, or if no award h;is been made, accord- ing to the opinion of the Court. Incumbents of benefices cannot give consent to i"cumbent " benefices. improvements, or charge compensation on the glebe, ^' ^^ '''''• without the approval in writing of the patron, or the Governors of Queen Anne's Bounty, who may then pay the compensation, and take a charge on the holding. The landlord may assign the charge to a Land Assignment of charge. Company, and the Land Company may assign it to s. 32 (')• any person or persons whomsoever. No special rules of procedure have been made Procedure to obtain charge. under these sections 29-32 of the Act, [lu/iich are nearly identical tvitJi ss. 42-^^ of the Agricultural Holdings Act, /c^/j]. Proceedings may therefore be taken either by Petition. Form 40 (k). petition or plaint. Petition would appear to be the more convenient form. It could be served, if necessary, on any parties interested, such as remaindermen or mortgagees. There is no special provision for the costs of interested parties appearing, but the costs are in the discretion of the Court. Suviniary Procedure before fustices a) id at Quarter Sessions. Disputes as to the ownership of goods distrained, Procedure under ^ ' the distress the fairness of price for agisting and other matters set f^'^flk (h) Post p. So. (?) Post p. 73. (k) Appendix IV., post p. 148. (/) Post p. 88. .383286 38 Procedure. Before Justices. " An order on complaint.". out in the notes to sect. 46 relatin^r to a distress upon the holding, may (but the .section is not compulsory) be decided either by the County Court, or by a Court of Summary Jurisdiction [consisting of two or more Justices of the Peace, Suiiun. Jiirisd. Act, i8jg, S. 20, Subs, p.], with an appeal to Quarter Sessions. 1 11 County Court. li\\Q obscrvations above, as to the proceedings to obtain a charge, will apply to the proceedings in the County Court. In this case it would be more con- venient to begin them by plaint, and to frame the plaint as far as possible according to the ordinary forms of action in the County Court for damages, illegal or excessive distress, detinue, and so on. The disputes under these clauses are to be deemed to be matters "in which a Court of Summary Juris- diction has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction Acts." By sect. 6 of the Summary Jurisdiction Act, 1879, sums recoverable by a summary order on complaint are deemed to be civil debts and are recoverable as such. The proceedings will therefore be initiated by summons on complaint, and the subsequent forms will be those provided for the recovery of civil debts, that is to say : — The particulars of the claim will be annexed to or embodied in the summons. On the summons an order may be made for pay- ment of the sum adjudged as damages, or as the price of live stock or things unlawfully distrained, or otherwise, and for costs. The Court may allow time for payment of the sum adjudged ; may direct payment by instalments, or may direct an undertaking with security to be given for its payment. Order for pay- ment of money. S. J. A., 1879 >^. 7. Procedure. 39 In default of payment a distress warrant, to levy uefauUof payment. distress on the defendant's goods, may be obtained. In default of distress, a judgment summons must Default of ^ distress. be taken out, and the applicant must prove to the |- J^^^- '879- Court that the defendant has means to pa}-. If he do so, an order will be made for payment, or for commit- ment in the alternative. The forms for the recovery of money under such Forms. procedure may be obtained from the clerk to the magistrate, or from any law stationer. In addition, however, to the power of rnaking 9'^|j^jj.'"°j^^^^^^°''*- orders for the payment of money, the Court may ^•46(w). under the 46th section of the Act, " make an order for restoration" and may make declarations as to the property in goods. The form of order in such a case Form 44. differs from the forms mentioned above, and the procedure subsequent to the order is different. By sect. 34 of the S. J. Act, 1879, where a power " is |- J- a., 1879. " given by any future Act to a Court of Summary "Jurisdiction, of requiring any person to do, or " abstain from doing, any act or thing other than the " payment of mone\', or of requiring any act or thing " to be done, or left undone, other than the payment " of money, and no mode is prescribed of enforcing " such requisition, the Court may exercise such power " by an order or orders," with or without conditions, " and may suspend or rescind the order, on such " undertaking being given, or condition being per- " formed, as the Court may think just, and general!}' " may make such arrangement for carrying into effect " such power as to the Court seems meet." "A person making default in compl\'ing with an Disobedience to "order ma\-, in the discretion of the Court, be ordered " to pa)- a sum [to be enforced as a civil debt, (w) Post p. 88. 40 Procedure. Form 4 \n). » rccoverable summarily under this Act] not exceed- '"ing £\ for every day during which he is in default," and not exceeding, in the aggregate, ;^20, " or to be " imprisoned until he has remedied his default," such imprisonment not to exceed two months. It should be noticed that the punishment in default is in the alternative, and that the justices could send to prison in the first instance, without imposing a fine. Appeal. Any " person aggrieved " by the decision of the Court may appeal to Quarter Sessions. He must Time for appeal, appeal to the next practicable court having juris- S. J. A., 1879. ^^ ' 1 • 1, s- 31 (i). diction in the county, borough, or place, for which the said Court of Summary Jurisdiction acted, and holden not less than fifteen days after the day on which the decision was given, upon which the con- viction or order was founded. Notice of appeal. Hc must givc notice of appeal within seven days S. J. A., 1879. . . , s. 31 (2). after the day on which the decision was given, by serving on the other party, and on the Clerk of the Form 42 f;^). Court of Summary Jurisdiction, notice in writing of his intention to appeal, and of the general grounds of such appeal. Recognizance. He iTiust eutcr into a recognizance within three S.J. A 1879. ^ s. 31 (3). days after the day on which he gave notice of appeal, or, if the Court think fit, give security. The proceedings on appeal will be found set out in sect. 31 of the Summary Jurisdiction Act, 1879. («) Appendix v., ^(7J/ p. 149. \o) Post p. 88. (/) Appendix V., post p. 150. THE AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. [46 & 47 Vict. c. 61.] N.B. — Words w/iic'/i, by sect. 61, have a special meaning are throughout printed in italics. PART I. LmI'ROVEMENTS. Compensation for Improvements. 1. Subject as in this Act mentioned, where a toiant General right of has made on his holdins: any improvement comprised tenant to com- ) Post p. yi. (c) Sect. Si, post p. 91. (d) Smith V. Acock, (1885), 53 L.T. 230, post pp. 49, 54. (e) Post p. 93. 42 Agricultural Holdings {England^ Act, 1883. 46 & 47 Vict. c. 61. Determination of tenancy defined. How a tenancy may be deter- mined. Notice to quit. Surrender. Riglits of an under-lessee on surrender. determination of a tenancy must make the best bargain that he can with his landlord. He has always the threat of quitting, to be followed by compensation, as a weapon in his hands to bring his landlord to terms. By the provisions of sect. 58, a tenant who remains in his holding during a change or changes of tenancy is not deprived of his right to claim compensation on quitting, so that a tenant who has given notice to quit to his landlord, when the rent has been raised on his improvements, if he afterwards agree with his landlord to withdraw his notice and stay, can claim for his improvements made before notice was given. By sect. 61 (/) " determination of a tenancy " means the cesser of "a contract of tenancy" (which is also there defined) " by reason of effluxion of time or from any other cause." A tenancy may be determined by the expiration of the term granted, or on the happening of any event on which it is made determinable (such as, in the case of a lease for lives, the death of the ces/iii que vie) or by merger of the term and the reversion in the same right. A tenancy may also be determined by notice to quit. By such notice a tenancy from year to year is determined on the expiration of the current year, and a waiver of the notice creates a new tenancy, taking effect on the expiration of the old one {g). The notice to quit may be given on behalf of the landlord either by himself or by his agent, and the agent may give the notice in his own name where the agency is a general agency to manage the property (/z.) The notice may be delivered to the servant of the tenant or to some person whose duty it would be to deliver it to the tenant (/). A tenancy may also be determined by surrender of the term granted. This may be either express, in which case it must be by deed (29 Car. II. c. 3, sect. 3, and 8-9 Vict. c. 106, sect. 3), or by operation of law. Surrender by operation of law takes place where the tenant has been party to some act, the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his tenancy had continued to exist [k). Such is, for instance, the grant of a new lease of the same premises to another with the tenant's consent (/). An agreement between the parties, followed by a virtual taking of possession on the part of the landlord, makes a surrender by operation of law [ni). A surrender of part of the premises and a proportionate reduction of rent does not create a new tenancy (»). An under-lessee's rights cannot be put an end to by a volun- tary surrender of his lessor's interest [0), nor can his liabilities be (/) Post p. 94. See notes and decisions thereunder. (g) Tayhurv. Wilding, (1868), L.R., 3 Ex. 303; 37 L.J. Ex. 173; 65s; 16 W.R. 1018; but see also Holme v. Bruns/cili, (1878), 3 Q.U.D. L.J C.P. 610 ; 38 L.T. 838 ; and Incldquin v. Lyons, (1887), 20 Ir. L.R. 474 ill) Jones V. Phipps, (1868), L.R. 3 Q-I^- 567 ; 37 LJ- Q-E. 198 ; 18 L 16 W.R. 1018 ; 9 B. & S. 761. Erne {Earl of ) v. Armstrong, (1S72), 20 W 6 Ir. R.C.L. 279. (0 Tanhavi v. Nicholson^ (U) Lyon v. Reed, (1844) Nichell V. Atherstone, (1847) (1893), 2 Ch. 75 ; 62 L.J. Ch. i (/) Davison v. Gctit, (1857), i H. & N. 744 3 Jur. N.S. 342. IVallis v. Hands, supra (/c). On) Phene v. Poppleiuell, (1862), 12 C.B.N. S. 334; 31 L.J. C.P. 235; 247 ; 10 W.R. 523 ; 8 Jur. N.S. 1104. Oastlerv. Henderson, (1877), 2 Q.B. 46 L.J Q.B. 607; 37 L.T. 22. («) Holme V. Brunskill, note {g), supra. io) Mellorv. JVaikins, (1874), L.R. 9 Q.B. 400 ; 23 W.R. 55. , (1872), L.R. 5 H.L. 561. , 13 M. & W. 285 ; 13 L.J. Ex. , 10 Q.B. 944 ; 16 L.J. Q.B. 371. 586 ; 68 L.T. 428 : 41 W.R. 471 ; 3 ' " 26 L.J. Ex. 18 L.T. 495 ; 47 ".T. 813; .R. 370; 377 ; 8 Jur. 762. ll^'allis V. Hands, R. 331. 122 ; 5 W.R. 229 ; 6 L.T. D- 575 ; Agncultural Holdings {England) Act, 1883. 43 affected (/). In the disclaimer by the trustee in bankruptcy of the lessee's 46 & 47 Vict. interest, the landlord may distrain on the undcrlessee for the original *" '' rents and sue him on the covenants as if he were lessee, but he cannot eject him from the property {q) ; and ii the underlease is made at a rent less tiian tlie rent reserved by the original lease, the underlessee is, after the disclaimer, entitled to prove in the bankruptcy for the value of the difference between the two rents ((/). The landlord would then, it is submitted, be liable to pay the sub-lessee compensation for his improvements. A trustee in bankruptcy, who has disclaimed, cannot claim com- Bankruptcy of pensation for improvements under this Act (;■)• lessee. It has been held that there is no right of set-off where the creditor l)ecomes a debtor to the bankrupt's estate after the bankruptcy, as would be the case as to compensation " on quitting the holding" (5). In the case of In re Morrish, exparte Hart Dyke (/), it was held that in respect of breaches of covenant committed by the tenant during his occupation, the remedy of the landlord was to prove for damages in the liquidation, and that he had no right of set-off as against moneys due by him to the trustees for severed crops. The tenancy may also be determined by forfeiture of the tenant's Forfeiture. interest. Any acts or defaults whiJi give rise to a forfeiture only render the lense voidable at the option of the lessor, and do not give the lessee power to avoid the lease, and if the lessor choose he may waive the forfeiture («). A disclaimer in writing of '.he landlord's title by the tenant operates Disclaimer of as a forfeiture, and the landlord will be entitled to eject the tenant '"'e. without any notice to quit [x). A tenant's interest may also be forfeited for non-payment of rent. Non-payment of or for breaches of covenant in a lease. Sect. 14 of the Conveyancing rent or breach of Act, iSSi (j'), prohibits the right of entry on forfeiture for a breach of coven.-int. any covenant or condition in a lease other than (as provided by sub- section 6) on ihe breach of a covenant against assigning or underletting, or of a condition for forfeiture on bankruptcy or taking in execution of the lessee's interest, or for a breach of certain conditions in mining leases, until notice has been served on the lessee specifying the breach and requiring that it shall be remedied, and requiring the lessee to make com])ensation in money for the l)reach, and the lessee has failed to comply witli these demands. By sect. 2, sub-section (2) of The Conveyancing Act, 1892(0) sub- sect. 6 of sect. 14 of The Conveyancing Act, i88i, is to apply to a condition for forfeiture on bankruptcy of the lessee, or on taking in execution of the lessee's interest only after the expiration of one year from the date of the bankruptcy, or taking in execution, and provided the lessee's interest be not sold within such one year, but in case the (/) 8 & 9 \"ict., c. 106, sect 9. (a) In re Levy, Ex parte Walton, (1881). 17 Ch. D. 746 ; 50 L.I. Ch. 657 ; 45 L.T. I ; 30 W.R. 3.i5. East and Wist India Dock Co. v. Hill, (1882), 22 Ch.D. 14 ; 52 L.J. Ch. 44 ; 47 L.T. 270 ; 31 W.K. 55. (r) Scho/i,-ldv. Ilincks, (1888), 58 L.J. Q.B. 147 ; 60 L.T. 573 : 37 W.R. 157. (s) In re Day, exparte Young, (1879), 41 L.T., 40; 27 W.R. 942. (0 (1882), 22 Ch. D. 410 ; 52 T,.J. Ch. 570 ; 48 L.T. 303. (m) Doev. Bancks, (1821), 4 B. & A. 401. Davenport v. Re?. (1877), 3 A.C. 115 ; 47 L.J. P.C. 8 ; 37 L.T. 727. (j-) Vivian v. Moat, (1881), 16 Ch. D. 730; 50 L.I. Ch. 131 ; 44 L.T. 210; 29 W.R. 504. 0') 44 & 45 Vi,;t., C. 41. (s) 55 & 56 Vict., C. 13. 44 Agricultural Holdings {England) Act, 1883. 46 & 47 Vict. c. 61. Basis on which compensation is calculated. Fair and reason- able compensa- tion. S. 5. Inherent capa- bilities. Valuations for mortgage or purchase. Compensation to tenants when mortgagee in possession. lessee's interest be sold within such one year, sub-sect. 6 shall cease to be applicable thereto. Sub-sect. (2), however, is not to apply to any lease of agricultural or pastoral land, and it therefore does not apply to leases under the Agricultural Holdings Act. The value of the improvement to an incoming tenant — It is submitted that where an improvement is due to good farming only, it ought not to be matter for compensation, and that valuers ought to construe this sect, so as not to give compensation to a tenant who has merely farmed, as he was bound to do according to tiie rules of good husbandry, but only when he has done something over and above that. According to the limits laid down by the Agricultural Holdings Act, 1875, which were calculated by outlay, the improvements in Parts i and 2 of the First Schedule of this Act would be deemed to be exhausted at the end of twenty years from the year in which the outlay was made (except Nos. 2 and 14, which were not included in the Schedule to that Act) ; the improvements in Part 3, Nos. 16-21, at the end of seven years, and those numbered 22 and 23 at the end of two years. It will be useful to bear this in mind, in dealing with the provisions of sect. 5, as the Act of 1875 may prove a useful guide to fair and reasonable agreements ; and looking to the difficulties raised by the provisions of sect. 17 {a) it will always be well for a landlord to frame his agreement according to some standard which a valuer cannot quarrel with. The "inherent capabilities of the soil" may mean anything or nothing. If a railway comes near a farm and doubles the rental value, is this due to the " inherent capabilities," or is the tenant to be com- pensated for his good fortune ? Beyond evidence of outlay, rental is practically the only means of arriving at a conclusion as to value, and rental might be very much affected by such a matter. This proviso will probably lead to considerable litigation. Valuations for mortgage or purchase will be conducted under some difficulty, as it will not be to the interest of either landlord or tenant to give any information as to the compensation due, and it will not be possible by enquiry to find what claims may have to be met. By the Tenants' Compensation Act, iSgo {d), an occupier of mortgaged land is entitled as against the mortgagee to any compen- sation which is or would, but for the mortgagee taking possession, be due to the occupier from the mortgagor with respect to crops, improvements, tillages, or other matters connected with the land. Any sum ascertained to be due to the occupier for such compensation or for any costs connected therewith, may be set-off against any rent or other sum due from him in respect of the land and recovered as compensation, but unless so set-off shall, as against the mortgagee, be charged and recovered in accordance with sect. 31 of the Agricultural Holdings Act, 1883 (<-)• An occupier is also entitled to six months' notice in writing from the mortgagee, of the latter's intention to deprive him of possession ; and if he is deprived of possession he is entitled to compensation for any exjjenditure upon the land which he has made in the expectation of holding the land for the full term of his contract of tenancy, in so far as any improvement resulting therefrom is not exhausted at the time of his being deprived of possession {dj. (a) Ante p. 12. i^) 53 & 54 Vict., c. SI, post p. 119. (c) Post p. 71. (d) 53 & 54 Vict., c. 57, sect. 2, sub-sect. (■2), post p. 120. Agricultural Holdings {England) Act, 1883. 45 As to Improvements executed before the Commencement 46s^47^vict. of Act. 2. Compensation under this Act shall not be .^^''"■'=''0" »» to , , . -^ -. . 1 1 r improvements pa}'able HI respect 01 improxements executed before before Act. the commencement of this Act, with the exceptions following, that — (i.) Where a tenant has within ten years before the commencement of this Act made an im- provement mentioned in the third part of the First Schedule hereto, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such improve- ment ; or (2.) Where a tenaiit has executed an improvement mentioned in the first or second part of the said First Schedule within ten years previous to the commencement of this Act, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such impro\-ement, and the landlord within one year after the commencement of the Actf"°™6(''^ declares in writing his consent to the making of such improvement, then such tenant on quitting his holding at the determination of a ioiancy after the commencement of this Act, may claim compensation under this Act in respect of such improvement in the same manner as if this Act had been in force at the time of the execution of such improvement. Withi)i ten years, d-V. — This limitation acts in two ways, it prevents Improvements the tenant from taking the benclu of an improvement in part 3, such as ["^t taking clay burning which lasts for a long time, and then claiming for it, """mediate effect, and it operates to give tenants compensation for improvements in parts I and 2 which do not take immediate effect, such as the laying down of permanent [lasture wliich may not bring in a return until after the time of quilling the holding. (e) Appendix \\\., post ■p. 136. 46 & 47 Vict. c. 61. 46 Af^ricnltural Holdhtgs {Englajtd) Act, 1883. The Agricultural Holdings Act, iS75(/), is repealed by sect. 62 of this Act. Determination of a Tenancy after the conwiencement of this Act — The effect of these words, coupled with the definition of " determination of a tenancy" in sect. 61, is that a \early tenant, whose tenancy determines after January 1st. 1884, whether the notice to quit was given before or after that date, is entitled to compensation {g). Consent of land- lord as to im- provement in First Schedule, Part I. Form 6 (/;). As to Iiiiprovevients executed after the Comviencenient of Act. 3. Compensation under this Act .shall not be payable in respect of an}^ improvement mentioned in the first part of the First Schedule hereto, and executed after the commencement of this Act, unless the Icindlord, or his agent duly authorised in that behalf, has, previously to the execution of the im- provement and after the passing- of this Act, consented ' in writing to the making of such improvement, and any such consent may be gi\'en by the landlord unconditionally, or upon such terms as to compensa- tion, or otherwise, as may be agreed upon between the landlord and the tenant, and in the ex'ent of any ao-reement being made between the landlord and the tenant, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act. This clause practically leaves parties much upon the same footing as they were before the Act. It is always desirable that the authority to the agent should be in writing, although this section does not render writing necessary. The tenant must obtain the consent of the landlord in writing previous to the execution of an improvement. Failure to obtain this is an absolute bar to compensation (/). Notice to land- 4. Compensation under this Act shall not be improtement in payable \\\ rcspcct of an)' improvement mentioned in First Schedule, ^^ sccoud part of the First Schedule hereto, and executed after the commencement of this Act, unless the tenant has, not more than three months and not less than two months before beginning to execute such (/) 38 & 39 Vict., c. 92. (g) See notes to sects, i and 33. i/i) Appendix l\\., post p. 136. (/) Schojleld V. lUncks (1888), 58 I..J.Q.B. 147 ; 60 L.T, 573 ; 37 W.R. 157 ; post p. 52. Agricultural Holdittgs {EngUmd) Act, 1883. 47 improvement cjivcn to the landlord, or his agent duly 46&47V1CT. authcjrised in that behalf, notice in writing of his — '■ — '— intention so to do, and of the manner in which he proposes to do the intended work, and upon such Form 7 (/). notice being given, the latidlord and teiiant may agree on the terms as to compensation or otherwise on which the improvement is to be executed, and in the event of any such agreement being made, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act, or the Form 9 (w). landlord ma)', unless the notice of the tenant is previously withdrawn, undertake to execute the im- provement himself, and may execute the same in an)- reasonable and proper manner which he thinks fit, and charge the tenant with a sum not exceeding five pounds per centum per annum on the outla)' incurred in executing the improvement, or not exceeding such annual sum payable for a period of twenty-five years as will rcpa)' such outlay in the said period, with interest at the rate of three per centum per annum, such annual sum to be recoverable as rent. In default of an)' such agreement or undertaking, and also in the event of the landlord iailing to compl)- with his undertaking within a reasonable time, the tenant may execute the improvement himself, and shall in respect thereof be entitled to compensation under this Act. The landlord and tenaiit may, if they think fit, Form7(«). dispense with an)' notice under this section, and come to an agreement in a lease or otherwise between themselves in the same manner and of the same validit)' as if such notice had been given. Second par/ of the Sihednle hereto — This deals only with drainage. Drainage. Drainage is not defined, it may l)e difficult sometimes to say whether cleaning out and renewing old drains, where the tenant is not under covenant to repair, may be called drainage. Strictly speaking, the Act only contemplates the making of new drains. Notice ill wntini^~T\\G notice need not specify anything more than Notice, the rough particulars of the work to he done. The tenant is not bound to estimate the cost, and he had better not do so. (k) Appendix III., />pst p. 136. (/) Appendix \\\., />ost \). 136. (tn) Appendix \\\., /'ost p. 137. in) Appendix Ill.,/<;j/p. 136, 48 Agriailtiiral Holdings {England) Act, 1883. 46 & 47 Vict. c. 61. Reservation as to existing and future contracts of tenancy. Tenancies after this Act. Fair and reason- able compensa- tion by agree- ment. Clause 10 ip). Unless (he notice of the tenant — These words are only inserted to prevent the tenant being aljsolutely bound by his notice, if the landlord elects to do the work. If, after notice, the landlord elects to drain, he will not be bound by the notice, but may improve on the particulars contained in it, and charge a percentage on the whole amount. The improvement is to be executed — The Act means "executed by the tenant " as the section provides, as an alternative, that the landlord may execute the improvement himself, and regulates the terms on which he may do so. If the landlord wish to do the drainage himself he must either exclude the Act by agreement under the last paragraph or charge the percentage allowed by the section. 5. Where, in a case of tenancy under a contract of tenancy current at the commencement of this Act, an}' agreement in writing or custom, or the Agri- cultural Holdings (England) Act, 1875, provides specific compensation for any improvement comprised in the First Schedule hereto, compensation in respect of such improvement, although executed after the commencement of this Act, shall be payable in pursuance of such agreement, custom, or Act of Parliament, and shall be deemed to be substituted for compensation under this Act. Where in the case of a tenancy under a contract of tenancy beginning after the commencement of this Act, any particular agreement in writing secures to the tejiant for any improvement mentioned in the third part of the First Schedule hereto, and executed after the commencement of this Act, fair and reason- able compensation, having regard to the circumstances existing at the time of making such agreement, then in such case the compensation in respect of such improvement shall be payable in pursuance of the particular agreement, and shall be deemed to be substituted for compensation under this Act. The last preceding provision of this section relating to a particular agreement shall apply in the case of a tenancy under a contract of tenancy current at the commencement of this Act in respect of an improve- ment mentioned in the third part of the First Schedule hereto, specific compensation for which is not provided by any agreement in writing, or custom, or the Agricultural Holdings Act, 1875. (0) Appendix \., post p. 127. Agricultural Holdings {England) Act, 1883. 49 Current at the co/iiinencewent of the Act — A notice by a tenant in 46 & 47 Vict. occupation of a tenancy current at the commencement of this Act, of a '^' ' claim for compensation for improvements executed after the commence- ment of the Act is good if given under the Agricultural Holdings Act, 1883, though tlic compensation is to he based upon the principles of the Agricultural Holdings Act, 1875 (/). Specific compensation — The Act does not necessarily mean that the Specific com- compensation must be ascertained beforehand, but that it must be pensation, what capable of ascertainment. A reduction of rent, or leave to commit '^' breaches of the covenant or waste, made or given in consideration of the execution of an improvement, and clearly referring to the imj^rove- ment, would be proijably held to be " specific compensation " within the section, but not such reduction or leave not referring to the improvement. This substituted compensation is payable "in pursuance of such How ascer- agreement, custom, or Act," and is therefore prima facie to be ascer- 'ained. tained and recovered in a Court of Law. By sect. 17, the provisions of the Act as to reference are so far extended to such agreements as to give the tenant the option of having compensation assessed by the referee. Partictilar agreement in writing — These words exclude custom after the commencement of the Act. "Particular" jirobably only means that if the Act is excluded, it must be excluded expressly and not by implication. Fair and reasonable — It is impo.ssible to define a " fair and reasonable " Fair and agreement," or to suggest any tests beyond those mentioned in reasonable." Chapter I. ((/). In those counties where the custom provides si^ecific compensation this will probably be held to be fair and reasonable. Where no such compensation is provided, some such clause as No. 10 of Form i, of Appendix I. (;■), and the 2nd Schedule to that appendix (j-), or No. 12a, of Form 2 (/), may be used. The "Circumstances same Court which decides whether or not compensation is fair and existing." reasonable will also decide what is included in " circumstances existing " at the time of executing the agreement. These may be very various, and in some cases involve a mass of evidence, as, for instance, if it is contended that a new branch line of railway has increased the value of the holding since the date of the agreement. Where the sum claimed for compensation exceeds ;^I00, either party may appeal («). Regulations as to Compeiisation for Luprovenients. 6. In the a.scertainment of the amount of the com- Deductions from pensation under this Act pa)'able to the tenant in forimprove- respect of any improvement there shall be taken into "'^"'''■ account in reduction thereof: [a.) Any benefit which the landlord has given or allowed to the tettant in consideration of the tenant executing the improvement ; and (/) Smith V. Acock, (1885), 53 L.T. 230, /m/ p. 54. (q) Ante p. n. (r) Post p. 127. is) Post p. 132. (t) Appendix I., /oj< p. 134. («) Sect. 23, fost p. 62. 50 Agricultural Holdings {England) Act, 1883. 46 & 47 Vict. (/;.) In the case of compensation for manures the *" '^ value of the manure that would have been produced b)' the consumption on the holding of any hay, straw, roots, or green crops sold off or removed from the holding wxIXvlXk the last two years of the tenancy or other less time for which the tenancy has endured, except as far as a proper return of ma7iur'e to the holding has been made in respect of such produce so sold off or removed therefrom ; and (r.) Any sums due to the landlord in respect of rent or in respect of an}- waste committed or permitted by the tenant, or in respect of any breach of covenant or other agreement con- nected with the contract of tenancy committed by the tenant, also any taxes, rates, and tithe rent-charge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord. Augmentation of Thcrc shall bc taken into account in augmentation compensation for , . mprovements. oi the tcnttut s compeusatiou : {d) Any sum due to the tenant for compensation in respect of a breach of covenant or other agreement connected with a contract of tenancy and committed by the landlord. Nothing in this section shall enable a landlord to obtain under this Act compensation in respect of waste by the tenant or of breach by the tenaiit com- mitted or permitted in relation to a matter of husbandry more than four )'ears before the determin- ation of the tenancy. What is a_ Ally benefit — Such as a reduction of rent, a nominal rent on "benefit." reclamation of waste land, leave to farm arable out of rotation, doing repairs and so on. It should be noted that the benefit must be " in consideration of the tenant executing the improvement," and must clearly refer to it. The value of the ?iiainire thai wottld have been produced . ■ a proper return of manure to the holding— ^\\\\o\xV such incessant over- looking of the farm, as no tenant would stand, and no landlord would be inclined to try, the landlord cannot tell how much hay and straw the tenant has sold off the holding, or how little manure he has brought AgriaUtiiral Holdings {Englatid) Act, 1883. 51 on. What is " a proper return " to the holding will always be a 46 & 47 Vict. troublesome question, and this sub-section will hardly be of much value '^- ^'' to the landlord. The limitation as to two years is in keeping with the usage on a great many large estates, where the tenant is allowed to sell off anything except in the last years of his tenancy. /;; respect of any waste — It is not waste at common law, either wilful What is waste, or permissive, to leave the land uncultivated (x), or to carry off straw and manure from the land {y). The most common acts of waste " in relation to matters of In relation to husbandry " are : jiloughing or breaking up ancient meadows (z), '^^^.l"^^^, ploughing up strawberry l)eds((r), sowing land with mustard seed, flax, ' ' or other pernicious crop [b], ploughing up meadow ground (c). Other acts of waste are cutting timber trees {d), opening gravel pits or mines, or digging for lime, clay, or stone {e), draining ponds, not repairing banks against rivers (/), and pulling down buildings (^■). There is also permissive waste, such as allowing buildings to fall out Permissive of repair. A tenant at will is not liable for permissive waste, and it is waste. questionable if a tenant from year to year is so outside the term of his tenancy [h). In a recent case it was said that the Agricultural Holdings Act, 1883, goes a long way towards getting rid of some of the old common law doctrines of waste (?"). Tithe rent-change — The remedy for tithe rent-charge is against the No personal land. No person 'is personally liable for it (/•). "elli'-char'^°e '"''^ Where a greater amount is awarded to the landlord in respect of waste and breaches of covenant than is awarded to the tenant as com- |^"j^;^ excess of pensation for improvements, the landlord cannot recover the balance tenant's claim, under the procedure given by the Aci(/). More than four years — The Act only limits the right to compensation Concurrent for waste '' under this Act,'' so that it leaves the landlord free to re'?'?<^|^^ '" ''^^ commence an action in the High Court, if he pleases, concurrently '^ °""" with his remedies under this Act. A landlord will probably find it more to his advantage to overlook his farm once every three years from the time when the tenant entered. Then if the tenant is unsatisfactory, he can give him notice to quit, and set-off the full amount of any waste in relation to a matter of husbandry. {x) Per Parke, B., in Hutton v. Warren, (1836), i M. & W. 466 ; 5 L.J. Ex. 234 ; I T. & G. 646. (.y) Johnson v. GoldsT.vainc . (1817), 3 Anst. 749. (z| Co. Litt., S3a. (rt) Watherell \. Ho^vells, (1808), i Camp. 227. (*) Pratt V. Brett, (1817), 2 Madd. 62. (c) Simmons v. Norton, (1831), 7 Bing. 640 ; 5 M. & P. 645. (d) Co. Litt. 53a. (e) Co. Litt. 53b. (/) Co. Litt. S3b. \gr) Co. Litt. 53a. (ti) Harnett v. Maitland, (1847), 16 ^L & W. 257 ; 16 L.J. Ex. 134 ; 4 D. & L. 545. (0 Per Kekewich, J., in Meux v. CoHey, (1892). 2 Ch. 253 ; 61 L.J. Ch. 440 : 66 L.T. 86. {k\ Griffenlioo/e v. Davhuz, (1859), 4 E. & B. 230 ; 24 L.J.Q.B. 20. AflTirmed in Ex. Chamber, 5 E. & B. 746. Explained in F.dmumls v. W'atlingford, (1884), 14 Q.B.D. 811 : 54 L.J.Q.B. 305 ; 52 L.T. 720 ; 33 W.R. 647 : 49 J-P- 549- (I) In re Holmes and Formby, (1895), i Q.B. 174 ; 64 L.J.Q.B. 391 ; 71 L.T. 842 ; 43 W.R. 205 ; 15 R. 114. 4A 52 Agricultural Holdings {^England) Act, 1883. Procedure, ''^^Vei^""^' ^- A /r;/rt;// claiming compensation under this /\ct — — - shall, two months at least before the deter?)iination of tended claim tkc teumtcy, g\\Q noticc in writing to the landlord oi his intention to make such claim. Form II («/). Where a tenant gi\'es such notice, the landlord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter-notice in Form 12 («). writing to the tenant of his intention to make a claim in respect of any waste or any breach of covenant or other agreement. Every such notice and counter-notice shall state, as far as reasonably may be, the particulars and amount of the intended claim. Claim under Compensation jinder this Act — A tenant is not entitled to claim custom, &c. compensation by custom or otherwise, except in the manner authorised by this Act, in respect of any improvement for which he is entitled to compensation under this Act. Where, however, he is not entitled to compensation under or in pursuance of this Act, he may recover compensation under any other Act of Parliament, or any agreement or custom in the same manner as if this Act had not been passed {o). Failure to give Although this Act does not make the failure to give notice in writing nonce. ^ ]^^j. jQ jj^g recovery of compensation, this seems to have been the opinion of Lord Coleridge, C.J., and Manisty, J. (/). It should be observed that the word "shall " and not '' may " is used. Holding over by Where a tenant of a farm was entitled, under the custom of the ^"f.l?,?,,*^*^ country, to hold over a portion of the land for four months after the expiration of his notice to quit the farm, it was held that the " deter- mination of the tenancy " took place when the tenant's holding under the custom of the country ended ; and therefore that a notice of his claim for compensation, given two months before that time, was good (17). Lord Coleridge, C.J., after referring to the right of the tenant to hold over part of the farm in accordance with the custom of the country, said : "I entertain no doubt that the words ' determination of the tenancy ' there mean the end of the tenant's holding, and not the time at which by the terms of the contract between the landlord and tenant the tenancy is expressed to come to an end. That, I think, is the fair construction of the clause, because if the words ' determination of the tenancy ' meant the time specified in the contract for the tenancy to determine, the landlord could not claim against the tenant in respect of waste or breach of covenant or agreement committed whilst the tenant was holding over part of the farm under the custom of the country." (?«) Appendix \\l., post p. 137. («) Appendix \l\., post ■p. 137. (o) Sect. S7, post p. ^2. (p) Schojieldw I/hicl-s, (1885), 58 L.J.Q.B. 147; 60 L.T. 573 ; 37 W.R. 157. (a) In re Paul, Ex parte Earl of Portarlington, (1889), 24 Q.B.D. 247; 59 L.J.Q.B. 30; 61 L.T. 835 ; 54 J. P. 644. country. Agricultural Holdings {England) Act, 1883. 53 Since this decision a similar point came before the House of Lords in a 46 & 47 Vict. a Scotch case. It was there held(r) that where a lease is to run for a ^- ^'- definite period from the entry of the tenant, which entry took place, as to the houses, grass, and fallow land, on May 26, i860; as to the J^^ereMi'e'Je are arable land in corn crop, at the separation of the crop of the same year tj,ree terms of from the ground ; and as to the barns and barn yard and two cot-houses, removal, at Whitsunday, 1861, a notice of claim for compensation for unexhausted improvements, in order to comply with sect. 7 of the Agricultural Holdings (Scotland) Act, 1883 (which requires that a tenant must give notice to his landlord, in writing, of his intention to make a claim y^w;- months at least before the termination of the tenancy) must be given four months prior to the separation of the crop {i.e. Martinmas) in the year in which the lease terminates. This case decides that where there are three terms of removal in regard to different portions of the subject- matter of the lease, a notice four months \Jn England two would be sufficient) before the separation of the crop (or its equivalent term, Martinmas) is sufficient. The tenant must be in possession of a tenancy within sect. 35 of the Scotch Act [which is identical with sect. 54 of the English Act] when he gives the notice. Lord Watson said: "The respondent's holding, in so far as it consisted of lands in crop after Whitsunday, 1892, was agricultural, and that is, in my opinion, sufficient for the disposal of this appeal. But I entertain serious doubts whether, after his removal in the autumn of 1892, the respondent remained in possession of any holding within the meaning of the Act. I do not think that the bare possession of a barn, barn-yard, and two cot-houses, unconnected with any land either pastoral or agricultural, is possession of a holding recognised by the Act." In a more recent case {s), where a tenant on a farm on a yearly Notice necessary tenancy was by the terms of his lease to hold the land from February 2, where there are and the buildings from May I, it was held that the tenancy determined, foHand? another within the meaning of the Agricultural Holdings Act, 1883, on for buildings. February 2, and not on May i, and that a notice of claim given on February 26, claiming compensation for unexhausted improvements, was too late. Wright, J., said : " I think with the assistance of the opinion expressed in Black v. Clay (/) we can have little doubt as to how this case ought to be decided. Sect, i gives a tenant a general right to compensation, ' on quitting his holding at the determination of the tenancy.' Then by sect. 54 the Act is not to apply ' to a holding that is not either wholly agricultural or wholly pastoral, or in part agri- cultural, and as to the residue pastoral'; and by sect. 61 'holding' means any parcel of land helcl by a tenant. Therefore the Act contemplates compensation l)eing given only on the determination of the tenancy of a holding that is either agricultural or pastoral, or partly one and partly the other. Here after February 2 there was no tenancy by the appellant of any holding of such a description. It was, therefore, too late for him then to claim compen.sation under the Act." A notice by a tenant in occupation of a tenancy current at the Notice whore commencement of the Agricultural Holdings Act, 1883, of a claim for compensation compensation for improvements executed after the commencement of Ag^iculmral ^ Holdings .Act, (r) BlacJc V. Clay, (1894) A.C. 368 ; 71 L.T. 446 ; 6 R. 362. '^^5* (s) Morley v. Carter, (1898), i Q.B. 8; 66 L.J.Q.B. 843; 77 L-T. 337: 46 W.R. 77. (t) Su/-ra. 54 Agricultural Holdings {England) Act, 1883. 46 & 47 Vict. c. 61. Set-off and counter-claim. A sum must be specified. the Act is good if given under the Agricultural Holdings Act, 1883, though the compensation is to he based upon the principles of the Agricultural Holdings Act, 1875 (")■ This was decided by Field, J., who said : " Therefore the question is, whether or no, looking at sect. 62 of this Act, the proceedings to l^e taken by a tenant for compensation in a case like the present, where it is an improvement to which the Agricultural Holdings Act of 1875 applies, the remedy is under the Act of 1883, or under the Act of 1875. I have come to the conclusion that the proceeding is really and truly under the Act of 1883. And the reason why I do say so is this, on account of the language of sect 62 ; because sect. 62 carefully avoids saying anything about a right under the Act. All it says is a right to compensation, not 'under the Act,' which it might have done, but a right 'to compensation in respect of any improvement to which that Act applies.' The words are really descriptive of the improvement ; that is, any improvement to which that Act applies. It means the compensation under the first, second, and third class in sect. 5. It therefore seems to me that the Legislature did not intend to keep the Act of 1875 ^ili^'e fo'' the purposes of procedure under it, but intended that the parties should proceed under this Act, and under this Act should be entitled to compensation in respect to improvements to which that Act applied." The landlord may . . . make a claim — The landlord can by sect. 6 set-off against the tenant's claim any benefit allowed to the tenant in consideration of the improvement, the value of manures produced by crops soUl off, arrears of rent, rates, and taxes, and so on ; but under this section he may make a claim for waste, or a breach of covenant or agreement. Where a greater amount is awarded to the landlord in respect of waste and breaches of covenant committed by the tenant than is awarded as compensation for improvements, the landlord cannot recov'er the balance under the procedure given by this Act(jr). As far as reasonably may be . . — These words ought not to prevent an increase of the claim afterwards, if the claimant finds that he has estimated it too low, but they will be sufficient to prevent a party from setting up an entirely fresh claim before the referee in respect of other matters. The party claiming must, it should be noticed, claim a specific sum in respect of compensation. No right of appeal is given unless the "sum claimed" exceeds ;^ioo (j') ; this refers to each party's original claim, and not to the sum total of the claims both of landlord and tenant. The limitation " as far as reasonably may be " should make parties careful to prevent all kinds of bolstered up claims by means of an ambiguous notice, and in support of which there is no evidence. Compensation 8- TIic landlord and the tenant may ai^ree on the by7efir°nce"'^'' a-inoLuit and mode and time of payment of compensa- Formi3 tion to bc paid under this Act. If in any case they do not so agree, the difference shall be settled by a reference. («) Smith V. Acock, (1885), 53 L.T. 230. (x) [n re Holmes and Formby, (1895), i Q.B. 174 ; 64 L.J.Q. B. 391 ; 71 L.T. 842 ; 43 W.R. 205 ; 15 R. 114. (y) Sect. 23, post p. 62. (z) Appendix \\\., post -f. 138. Agricultural Holdings (^England) Act, 1883. :):> A claim for compensation by a tenant, if disputed, mus/ be referred 46 & 47 Vict. to arbitration, and cannot form the sul)jcct of a counter-claim in an c. 61. action for rent l)rought by the landlord (a). Manisty, J., said : "The Lejjislature has thought right that these new claims for compensation in Reference respect of agricultural improvements should be matters for reference, '^°"'P" '''"^* and not submitted to the decision of a jury. To allow this counter- claim to remain on the record would be a violation of the Act of Parliament, and it is one which is beyond the jurisdiction of the High Court to entertain." 9. Where there is a reference under this Act, a Appointment of referee, or two referees and an umpire, shall be Jeferees°and appointed as follows : — umpire. (i.) If the parties concur, there may be a single Form 17 f*). referee appointed by them jointly : (2.) If before award the single referee dies or Forms 17, 19 (c). becomes incapable of acting, or for seven days after notice from the parties, or either of them, requiring him to act, fails to act, the pro- ceedings shall begin afresh, as if no referee had been appointed : (3.) If the parties do not concur in the appointment Form 17 (i^). of a single referee, each of them shall appoint a referee : (4.) If before award one of two referees dies or Forms 17, 19 (c). becomes incapable of acting, or for seven days after notice from either party requiring him to act, fails to act, the party appointing him shall appoint another referee : (5.) Notice of every appointment of a referee b\' Form is {any v. Hollmvay (1885), 52 L.T. 434 ; 49 J. P. 344. (/') .\ppendi.\ ni.,/£)j/ p. 139. (c) .Appendix \\\., post -p^. 139, 140. (d) Appendix \\\., />ost ^. 140. (e) Appendix V4 ., post p. 145. 56 Agncultiiral Holdings {England) Act, 1883. 46 & 47 Vict. c. 61. Form 27 (y). Form 27. Form 23 (.9). Forms 32, 33. Single referee. Application to County Court for appointment of referee or umpire. (7.) Where two referees are appointed, then (subject to the provisions of this Act) they shall before they enter on the reference appoint an umpire : (8.) If before award an umpire dies or becomes incapable of actintj, the referees shall appoint another umpire : (9.) If for seven days after request from either party the referees fail to appoint an umpire, or another umpire, then, on the application of either party, the county court shall within fourteen days appoint a competent and im- partial person to be the umpire : (10.) Every appointment, notice, and request under this section shall be in writing. Sub-sect, (i) — The single referee will proceed to the reference with- out anything further being clone under this section. The procedure on application for appointment of referee or umpire under this sub-section, and under sub-sect. 9 of this section is now regulated by Order XL., Rule 7a, of the County Court Rules, 1889 (/^). The application is heard by the judge unless the parties consent to its being heard by the registrar (/). Sub-sect. (7) — " Subject to the provisions of this Act." See sect. 10 {k). Sub-sect. (8) — It will be noticed that the Act does not provide for the contingency of the umpire failing to Act. Sub-sect. (9) — See note to sub-sect (6). Requisition for appointment of umpire by Land Com- missioners, &c. Forms 24, 25 26 10. Provided that, where two referees are appointed, an lunpire may be appointed as follows : (i.) If either party, on appointing a referee, re- quires, by notice in writing to the other, that the umpire shall be appointed by the Land Commissioners for England, then the umpire, and any successor to him, shall be appointed, on the application of either party, by those Commissioners. (/) Appendix \\\., post \>. 142. (g) Appendix \\\., post \>. 141. (h) Post p. 102. (i) hi re Griffiths and Morris, (1895), i Q.B. 866 ; 64 L.J.Q.B. :(86 ; 72 L.T. 290 ; 43 W.R. 652 ; 59 J. P. 134 ; 15 R. 301. County Court Rules, 1889, Order XL., rule 7A, (2) & (3). Post p. 102. (k) In/ra. (t) Appendix 111., post p. 141. Agficultural Holdings {England) Act, 1883. 57 (2.) In every other case, if either party on appoint- 46&47V1CT. ing a referee requires, by notice in writing to — — '— the other, that the umpire shall be appointed by the county court, then, unless the other party dissents by notice in writing therefrom, the umpire, and any successor to him, shall on the application of either party be so appointed, and in case of such dissent the umpire, and any successor to him, shall be appointed on the application of either party, by the Land Commissioners for England. Sub-sect, (i) on appointing a referee — The appointment of a referee is a condition precedent to such a requisition, and notice can only be given on such appointment. Sub-sect. (2) — There is no date for the dissent. He must be allowed a reasonable time. 11. The powers of the cotinty court under this Act Exercise of \ .- . ,\ • . . r r ■ powers of relative to the appomtment or a referee or umpire Coumy Court, shall be exerciseable by the judge of the court having jurisdiction, whether he is without or within his district, and may, b}' consent of the parties, be exercised by the registrar of the court. Bj' consent — The power to appoint a referee or umpire under this Act is exercisable by the judge unless the parties consent to its e.xercise by the registrar (w.) 12. The deliver}' to a referee of his appointment Modeofsubmis- shall be deemed a submission to a reference by the ^'°" party delivering it ; and neither party shall have power to revoke a submission, or the appointment of Forms 20. 2 1 («^. a referee, without the consent of the other. 13. The referee or referees or lunpire may call for Power for the production of any sample, or voucher, or other reqmVe' ^^Jc- document, or other evidence which is in the possession ^^^"^°J^^"' or power of either part)-, or which either party can minister oaths, produce, and w hich to the referee or referees or ' umpire seems necessary for determination of the Form 30 (17). (/«) /« >r Griffiths ami Morris, (1S95), 1 Q.B. 866 ; 64 L.J.Q.B. 386 : 72 L.T. 290 ; 43 W.R. 65J ; 59 J. P. 134 ; 15 K. 301. («) Appendix \\l../>osi p. 140. (o) .Appendix III.,/c'^/ p. nz. 58 Agricultural Holdings {England) Act, 1883. ''^ ^c^^"^^' rn^tters referred, and may take the examination of the parties and witnesses on oath, and may administer oaths and take affirmations ; and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury. Which is in the possession or power — This limitation considerably narrows the value of this section, as, unless samples, vouchers, and documents, are kept by the parties, the referee may call in vain for the production of them (/). Power to proceed 14. The referee or referees or umpire may proceed in the absence of either party where the same appears Form 29 {q). to him or them expedient, after notice given to the parties. Form of award. 15. The award shall be in writing, signed by the referee or referees or umpire. Form 31 (r). 'Y\\t referee should be very careful in making his award, as a mistake once made cannot be altered when the award is executed [s). The only remedy in such a case is by appeal to the County Court to impeach the awarcl as invalid, and this can only be done when the sum claimed is over £\oo. The Court will then amend the award, or remit it to be reheard as to whole or part it). The award must be stamped at the rate of 3d. for every ;i^5 up to ;^200; under ;f500, 15s. ; under ^^750, ^l ; under ^1,000, ^l 5s. ; and above ;i^ 1,000, £,\ 15s. Time for award of referee or referees. Form 22 {u). 16. A single referee shall make his award ready for delivery within twenty-eight days after his appointment. Two referees shall make their award ready for delivery within twenty-eight days after the appoint- ment of the last appointed of them, or within such e.xtended time (if any) as they from time to time jointly fix by writing under their hands, so that they make their award ready for delivery within a time not exceeding in the whole forty-nine days after the appointment of the last appointed of them. (/*) See Appendix I., clauses 16 and 8a, /cj/ pp. 128, 134. (?) Appendix \\\.^ post ■p. 142. (r) Appendix \\\., post \i. 143. (j) MorJue V. Palmer, (1870), L.R. 6 Ch. 22 ; 40 L.J. Ch. 8; 23 L.T. 752 19 W.R. 86. (/) .Sect. 23, post p. 62. («) Appendix III., post p. 141. Agricultural Holdi)igs {England) Act, 1883. 59 •• 17. In any case provided for by sections 3, 4, or 5, 46&47V1CT. if compensation is claimed under this Act, such com- '^•^'- pensation as under any of those sections is to be Award in respect deemed to be substituted for compensation under this of compensation i under ss. 3, 4, 5. Act, if and so far as the same can, consistently with the terms of the agreement, if any, be ascertained by the referees or the umpire, shall be awarded in respect of any improvements thereby provided for, and the award shall, when necessary, distini^uish such im- provements and the amount awarded in respect thereof; and an award given under this section shall be subject to the appeal provided by the Act. If and so far as the same can — This section is by no means clear. The most reasonable construction would be that the section would only apply when the substituteil agreement provides no »iode of assessing compensation, such as clauses 29 and 13a ix). But where there is an agreement jiroviding compensation and a mode of assessing it, there seems to be nothing to prevent the tenant from claiming under the Act, or the referee from making an award, and in doing so deciding on the fairness of the compensation agreed upon, or upon the application of the Act to the holding. 18. Where two referees are appointed and act, if Reference to and they fail to make their award ready for delivery uJJ^p^fe!'^ within the time aforesaid, then, on the expiration of that time, their authorit\- shall cease, and thereupon the matters referred to them shall stand referred to the umpire. The umpire shall make his award ready for delivery Form 28 (y). within twenty-eight days after notice in writing given to him by either party or referee of the reference to him, or within such extended time (if any) as the registrar of the county court from time to time pornisss, 36 (s). appoints, on the application of the umpire or of either party, made before the expiration of the time appointed by or extended under this section. 'Jwenly-eis^fit days after — Exclusive of the day on which matters were referred (a). Application of the umpire, etc. — The application must be by sum- mons in chambers. The .\ct does not fix any limit to extension of time by the Registrar. (-r) Appendix I., post pp. 132, 134. (y\ .Appendix III., p. 142. (s) .\ppendix IV., pp. 145, 146. (a) In re Hi^kain, (1840). 9 Mo wl. 203, 46 & 47 Vict. c. 6i. Award to give particulars. Form 31 (S). Corrimon law reference includ- ing matters within the Agricultural Holdings Act. 60 Agricultural Holdings (^England) Act, 1883. 19. The award shall not award a sum generally for compensation, but shall, so far as possible specify — {a) The several improvements, acts, and things in respect whereof compensation is awarded, and the several matters and things taken into account under the provisions of this Act in reduction or augmentation of such compen- sation ; {b) The time at which each improvement, act, or thing was executed, done, committed, or permitted ; (^.) The sum awarded in respect of each improve- ment, act, matter, and thing ; and {d.) Where the Imidlord des'wQs to charge his estate with the amount of compensation found due to the tenant, the time at which, for the purposes of such charge, each improvement, act, or thing in respect of which compensation is awarded is to be deemed to be exhausted. A common law reference may include matters within the Agricultural Holdings Act. In Slirubb v. Lee{c), a tenant gave notice of claim for compensation under the Act, and the landlord gave notice to the tenant of a counter-claim for dilapidations and breaches of covenant. The parties not agreeing as to the amounts payable under their respective claims, the landlord gave the tenant notice, under the Act, appointing D. to act on his behalf. The tenant acted in the matter as his own arbi- trator. The arbitrators did not appoint an umpire before entering upon the reference, but, differences having arisen, they appointed W. to act as umpire. The appointment of the umpire was in the fost p. 143. (c) (1888), 59 L.T. 376; 53J.P. 54- Agricultural Holdings [England) Act, 1883. 61 two sets of claims ; (3) that the award was bad, as it awarded a sum 46 & 47 Vict. generally for compensation, and did not, as required by sect. 19 of the '^- ^'' Act, specify (a) the several improvements in respect of which compen- sation was awarded ; (b) the time at which each improvement was executetl ; (c) the sum awarded in respect of each improvement. Ihe Court (Lord Coleridge, C.J., and Mathew, J.) held that the reference was a common law reference, and that the award was outside the Agricultural Holdings Act, and none the less so because it may have included some matters which were within the Act ; and that the award was linal and conclusive between the parties. 20. The costs of and attendinor the reference, Costs of including the reinuneration of the referee or referees ''''"''""• and umpire, where the umpire has been required to act, and inchichng other proper expenses, shall be borne and paid by the parties in such proportion as to the referee or referees or umpire appears just, regard being had to the reasonableness or unreason- ableness of the claim of either party in respect of amount or otherwise, and to all the circumstances of the case. The award may direct the payment of the whole i''^>"m 31 (.j^). or any part of the costs aforesaid by the one party to the other. The costs aforesaid shall be subject to taxation by the registrar of the county court, on the application of either party, but that taxation shall be subject to review by the judge of the county court. A referee or umpire making an award under this Act cannot award Costs, costs to be paid as between solicitor and client [e). 21. The award shall fix a day, not sooner than one Day for month after the delivery of the award, for the pay- p^'y'"^"'- ment of money awarded for compensation, costs or ^^^^ ^ , otherwise. 22. A submission or award shall not be made a Submission not . f. , 111 to be removable, rule 01 any court, or be removable by any process &c. into any court, and an award shall not be questioned otherwise than as provided by this Act. The question of appeal is dealt with in the next section. ((/) Appendix III., /(7j/ p. 143. (.) In re Griffiths <5- Morris, (1895), i Q.B. 866 ; 64 L.J.Q.B. 386 ; 72 L.T. 290 ; 43 W.R. 652 ; 59 J. P. 134 ; 15 R. 301. 62 Agricultural Holdings {England) Act, 1883. 46 & 47 Vict. c. 61. Appeal to county court. Form 37 {/). Forms 38 (a) (b) 39 ig)- Appeal to High Court on point of law. The "sum claimed." 23. Where the sum claimed for compensation exceeds £\(X), either party ma}-, within seven days after dehvery of the award, appeal against it to the judge of the coujity court on all or any of the following grounds : (i.) That the award is invalid ; (2.) That the award proceeds wholly or in part upon an improper application of or upon the omission properly to apply the special pro- visions of sects. 3, 4, or 5 of this Act ; (3.) That compensation has been awarded for im- provements, acts, or things, breaches of cove- nants or agreements, or for committing or per- mitting waste, in respect of which the party claiming was not entitled to compensation ; (4.) That compensation has not been awarded for improvements, acts, or things, breaches of covenants or agreements, or for committing or permitting waste, in respect of which the party claiming was entitled to compensation ; and the judge shall hear and determine the appeal, and ma}-, in his discretion, remit the case to be reheard as to the whole or any part thereof by the referee or referees or umpire, with such directions as he may think fit. If no appeal is so brought, the award shall be final. The decision of the judge of the comity court on appeal shall be final, save that the judge shall, at the request of either party, state a special case on a question of law for the judgment of the High Court of Justice, and the decision of the High Court on the case, and respecting costs and any other matter con- nected therewith, shall be final, and the judge of the county court shall act thereon. Sum claimed J or compensation exceeds ;{!i^ioo. — If the claim comes anywhere near this sum it will probably be increased so as to reserve the right of appeal. The a]:>pellant has, however, only seven clays in which to consider about appealing. By sect. 7, the amount claimed must be stated in the notice. It is submitted that the "sum claimed" (/) Appendix IV.,/<7^/p. 146. (,g) Appendix lV.,/ost p. 146, 147. Agricultural Holdings {England) Act, 1883. 63 means the sum claimed by either party in the first instance, and not the 46 & 47 Vict. aggregate of all sums claimed hy both parties or the sum claimed by c. 6i. the tenant only. Eitlier party may apl'eal. — This section (with the exception of sub- Practice on sect. 2), is a re-enactment of sect. 36 of the Agricultural Holdings "J^^fV°om (England) Act, 1875. It was, with other sections of the Act of 1875, *^°"" ^ ""^""^ ' originally incorporated in the present Act merely by reference to the Act of 1875 ; but in deference to a generally expressed opinion in committee that such a course would be objectionable, the Government re-numbered the sections and embodied the whole in one Act. Order XL., rules i — 6 of the County Court Rules, 1889 (/i), provide for the procedure on appeal under this section. It is contrary to all precedent to allow an appeal against an award made by arbitrators chosen by the parlies, but under this section the parties, even if they have agreed upon their umpire, can appeal. 7'o the Judge of the Couu/y Court. — This would seem to exclude the right to call for a jury. An improper application. — Having regard to sect. 17(0) it- ^^'^^ ^^ ^ matter entirely in the discretion of the referee whether he awards com- pensation under a substituted agreement, or whether he refuses to make an award on the ground that he cannot ascertain compensation con- sistently with the terms of the agreement. Where there is any specific compensation provided by the agreement, and any arbitration clause, this latter would appear to be the proper course for the referee to take. If there is no arbitration clause, he will assess the compensation due under the agreement by his award, in the manner provided by the Act. Unit the award is invalid. — The award, generally speaking, will be When award invalid, if it goes beyond the submission ; if it does not decide all the '"vahd. points submitted (unless the terms of the submission shew that the parties did not intend every point to be decided by the referee (k) ), that is to say, if it is not a complete determination of all the matters submitted by the parties to the referee or umpire, but is uncertain, or not final or impossible ; if the amount is uncertain, as, for instance, if the referee ordered the payment of arrears of rent without saying how much the arrears were ; if the award upon the face of it shews a plain mistake (/). If the award is bad in part and good in part, and the parts can be separated, the good part may be enforced (w). Shall hear and determine . . aitd may . . remit. — The Court must hear the case and determine the points in dispute. It may then, if it thinks fit, remit the case to the referees or um]iire to make a further award. But the Court may also make an award itself on the hearing instead of remitting to the referees. 24. Where any money agreed or awarded or Recover>- of ordered on apjDcal to be paid for compensation, costs, '"""^^""'^ '""■ or otherwise, is not paid within fourteen days after (/() Post pp. TOO, lOI. (0 ^H/tp. 59. {k) Wrightson wBywater, (1838), 3 M. & W. 199; 7 L.J.Ex. 83. (/) Ccrnfprth v.Geer, (1715), 2 Vern. 705. (ill) Doe V. Cox, (1846), 15 L.J.Q.15. 317 ; 4 D. & L. 75 ; ti Jur. 991. 64 Agricultural Holdings [E?igla7id) Act, 1883. 46 & 47 Vict, the time when it is asfreed or awarded or ordered to — '- — ^ be paid, it shall be recoverable, upon order made by the judge of the county court, as money ordered by a FQrm39(«). comitj court uuder its ordinar}- jurisdiction to be paid is recoverable. Within fourteen days. — The fourteen days will run from the date of the agreement between the parties under sect. 8, or from the date when the award is delivered to the party sought to be charged. " After the time when it is awarded," can hardly mean from the date of the award, as hardship might occur if the referee did not notify the award to the parties charged. The time limited for payment is very short, and if the incoming tenant pays the valuation, the provisions of the section may lead to some inconvenience. As money ordered by a county cojirt, etc. — See, however, the pro- visions of sect. 31 {0). Money ordered by a county court under its ordinary jurisdiction to be paid is recoverable by (i) execution against the goods of the debtor, by (2) commitment under a judgment summons, and by (3) attachment of debts under a garnishee order. Proceedings ^ summons would in most cases appear to be necessary under this under this Section for an order on which to ground the execution, as the section section. i^^ys that the sum shall be recoverable only "upon order made by the judge of the county court." The ordinary form of summons on a plaint for a liejuidated sum will, therefore, be applicable to every such case, except the case where the money is ordered to be paid on appeal. In this latter case, the warrant of execution will be grounded on the order of the court. Application by a When the application is made by some person not a party to the person not a action, an order must be obtained upon sunmions for payment. The ^^^ ^' leave of the registrar must then be obtained before the execution can issue. Award to It has been held (/) that where a greater amount is awarded to the landlord in landlord in respect of waste and breaches of covenant committed by excessof tenant s j-jj^. tenant than is awarded to the tenant as compensation for improve- ''^""' ments, the landlord cannot recover the balance under the procedure given by the Act. Grantham J. said : "The Act was intended to give them {i.e. the tenants) compensation for unexhausted improvements, which, it was supposed, they could not otherwise get, and to provide a procedure for the ascertainment and recovery of such compensation. While the matter was in course of debate it was urged that it would be a hardship upon a landlord, having a good claim against his tenant, and being saddled perhaps with the payment of a considerable sum for unexhausted improvements, if the tenant were able to put the money in his jjocket and go off, leaving the landlord unable to get payment of what was due to him. Two provisions were therefore inserted in the Act. First, the landlord, on paying compensation to a tenant under the Act, was entitled to obtain from the county court a charge on the holding to the amount of the compensation paid ; and, secondly, if he («) Appendix IV., post p. 147. (0) Post p. 71. (/) /« re Holmes and Forinby, (1895) i Q.B. 174; 64 L.J.Q.B. 391 ; 71 LT. 842 ; 43 W.R. 205 ; 15 R. 114. Agricultural Holdings {England) Act, 1883. 65 had any chiiiii againsl ihe lenanl less than or equivak-nt to the tenant's 46 & 47 Vict. claim against him, he could set-off his claim against that of the tenant. '^- "'• I feel confident that if, as has been contended, the Legislature had intended to give the landlord power to claim as fully as the tenant the Act would have been very different." A County Court Judge cannot make an order to enforce an award by County Court execution under this section where the umpire has allowed compensation Ju<'ge cannot in respect of matters which are not the subject of compensation under "_J^ respeift'^of'"" the Agricultural Holdings Act, 1S83. It has been decided that where award outside a County Court Judge has exceeded his jurisdiction in this way, a writ Agricultural of prohibition ought to issue with respect to so much of the award as lo'*^'"^^ Af'' , > • , " ■ . , A • 1 . IT 1 ,• . . 11- '883 — pronibi- deals with matters outside the Agricultural Holdings Act, and this tio„_ notwithstanding that the lease provides that compensation in respect of matters outside the Act shall be ascertained u]:>on the basis provided by that Act (f/) Lord Halsbury, L.C. , in giving judgment, said : '• It has been long settled that where an objection to the jurisdicticjn of an inferior court appears on the face of the proceedings, it is immaterial by what means, and by whom the court is informed of such objection. The Court must protect the prerogative of the Crown and the due course of the administration of justice by prohibiting the inferior court from proceeding in matters as to which it is apparent that it has no jurisdiction. The objection to the jurisdiction does not in such a case depend on some matter of fact as to which the inferior court may have been deceived or misled, or which it may have unconsciously neglected to observe, and the judge of such court, therefore, must or ought to have known that he was acting beyond his jurisdiction. I find no authority justifying the withholding of a writ of prohibition in such a case. Looking to what appears on the face of the award in this case, and applying to that the provisions of the Agricultural I loldings Act and the power of enforcing awards given by that Act, I think it is im- possible to doubt that there is that on the face of the proceedings which shows that the judge in granting execution under the provisions of that Act was acting beyond his jurisdiction. The Act specifies the matters which are to be the su!)ject of compensation under it ; and it appears on the face of the award that there are matters included in the com- pensation awarded which are outside the provisions of the Act. Sect. 24 of the Act provides in substance that a sum awarded as compensation under the Act may be recovered on the order of the County Court Judge as money recovered by an ordinary county court judgment. It is ap]x\rent that, in applying that section to subject-matters which are not included in the provisions of the Act, the county court was exceeding its jurisdiction. Under these circumstances, reluctant as I am to aid the appellant in this case, I am unable to resist the conclusion that the writ ought to issue." 25. Where a landlord ox tenant is an infant without JPSn"!'"'°^ a guardian, or is of unsound mind, not so found by- inquisition, the county court, on the apphcation of any Forms 34, 36 (f-). person interested, may appoint a guardian of the (17) Farqtiharson v. Morgan, (1894), i O.B. 552; 63 L.J.Q.R. 474; 70 L.T. 152; 42W.R. 306; 58J.P. 49S. {r) Appendix IV.,/('j/pp. 145, 146. 66 Agricultural Holdings {England) Act, 1883. 46^^47 Vict, infant (ix person of unsound mind for the purposes of — '-^ this Act, and may change the guardian if and as occasion requires. Costs. On the application of any person interested — No provision is made for the costs of the person applying. They should be asked for at the hearing of the summons, under sect. 27 {s). Provisions respecting married women. 26. Where the appointment of a person to act as the next friend of a married woman is required for the purposes of this Act, the county court may make such appointment, and may remove or change that next friend if and as occasion requires. A woman married before the commencement of the Married Women's Property Act, 1882, entitled for her separate use to land, her title to which accrued before such commencement as aforesaid, and not restrained from anticipation, shall, for the purposes of this Act, be in respect of land as if she was unmarried. Where any other woman married before the com- mencement of the Married Women's Property Act, 1882, is desirous of doing any act under this Act in respect of land, her title to which accrued before such commencement as aforesaid, her husband's con- currence shall be requisite, and she shall be examined apart from him by the county conrt, or by the judge of the county court for the place where she for the time being is, touching her knowledge of the nature and effect of the intended act, and it shall be ascertained that she is acting freely and voluntarily. Costs in county court. Service of notice, &c. 27. The costs of proceedings in the county court under this Act shall be in the discretion of the court. The Lord Chancellor may from time to time pre- scribe a scale of costs for those proceedings, and of costs to be taxed by the registrar of the court. All costs not otherwise specially provided for, are, by sect. 113 of the County Courts Act, 1888, in the discretion of the court. 28. Any notice, request, demand, or other instru- ment under this Act may be served on the person to (s) Infra. Agricultural Holdings {Eyigland) Act, 1883. dj whom it is to be i^iven, either personally or by leaving 46&47^vict. it for him at his last known place of abode in England, —^ — '— or by sending it through the post in a registered letter addressed to him there ; and if so sent by post it shall be deemed to have been served at the time when the letter containing it would be delivered in ordinary course ; and in order to prove service by letter it shall be sufficient to prove that the letter was properly addressed and posted, and that it contained the notice, request, demand, or other instrument to be served. Charge of Tenant's Compensation. 29. A landlord, on paying to the tenant the amount ^° j"^^'^„„ due to him in respect of compensation under this paying compen- A , . . c A • ii • J I il • sation to obtain Act, or m respect 01 compensation authorised by this charge. Act to be substituted for compensation under this Form4o(/). Act, or on expending such amount as may be neces- sary to execute an improvement under the second part of the First Schedule hereto, after notice given by the teiuxjit of his intention to execute such im- provement in accordance with this Act, shall be entitled to obtain from the county court a. charge on the holding, or any part thereof, to the amount of the sum so paid or expended. The court shall, on proof of the pa}'ment or ex- penditure, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, make an order charging the liolding, or any part thereof, with repa\-ment of the amount paid or expended, with such interest, and by such instal- ments, and with such direction for giving effect to the charge, as the court thinks fit. But, where the landlord obtaining the charge is not absolute owner of the holdi)/g for his own benefit, no instalment or interest shall be made pa}'able after the time when the improvement in respect whereof com- pensation is paid will, where an award has been made, be taken to have been exhausted according to the declaration of the award, and in any other case (t) .\ppcndix IV., p. 148. 5 A 68 Agricultural Holdings [England) Act, 1883. 46 & 47 Vict. c. 61. 43 & 46 Vict., c. 38. Checks upon limited owners. Powers of sale, &c. after the time when any such improvement will in the opinion of the court, after hearing such evidence (if any), as it thinks expedient, have become exhausted. The instalments and interest shall be charged in favour of the landlord^ his executors, administrators, and assigns. The estate or interest of any landlord holding for an estate or interest determinable or liable to for- feiture by reason of his creating or suffering any charge thereon shall not be determined or forfeited by reason of his obtaining a charge under this Act, anything in any deed, will, or other instrument to the contrary thereof notwithstanding. Capital money arising under the Settled Land Act, 1882, may be applied in payment of any moneys expended and costs incurred by a landlord under or in pursuance of this Act in or about the execution of any improvement mentioned in the first or second parts of the schedule hereto, as for an improvement authorised by the said Settled Land Act ; and such money may also be applied in discharge of any charge created on a holding under or in pursuance of this Act in respect of any such improvement as aforesaid, as in discharge of an incumbrance authorised by the said Settled Land Act to be discharged out of such capital money. A landlord on paying — See sects. 30, 31 and 56 (?<). These words exclude the incoming tenant who pays compensation to the outgoing tenant from charging his payments on the holding. He may himself obtain compensation on quitting. The court shall, etc. — This provision it will be noticed is imperative. It is not very easy to understand to what the " observance in good faith " and so on, refers But it is probably meant to be a check to prevent limited owners from obtaining money from a land company under sect. 32 for compensation which has never been paid. In such case, proof of the consent and notice required by sects. 3 and 4 and of the due execution and unexhausted value of the improvement (if there has been no award), will be necessary before the court will charge the holding. Directmi for giving effect to the charge — Such as a power of sale. In addition to the powers of distress and entry conferred u]>on it, a land company having a charge for drainage works executed by them upon («) Infra. Agricultural Holdings {England) ^^/, 1883. 69 glebe lands belonging to a rectory, were held entitled to sell the glebe 46 & 47 Vict. to pay the arrears of the charge (a). This would appear to be the most c. 61. reasonable course to take when the charge is in arrear, as no tenant would be found to take lands with the liability of distress for the charge in arrear. The Act may create a great hartlship on those clergy whose sole Hardship on the endowment is glebe lands. If times are bad and rents fall the glebe clergy, mjty be sold by the mortgagee to pay the charges, and thus the endow- ment will be lost to the incumbency. By sect. 39, however, " the powers by this Act conferred," which it is presumed includes the power of charging the holding with sums paid for compensation, shall not be exercised by an incumbent-landlord except with the previous approval in writing of the Governors of Queen Anne's Bounty. In every such case, the Governors may, if they think fit, advance the money to pay compensation, and take a charge on the holding themselves. Where the landlord . . . is not absolute owner — A landowner Limited owner, entitled in fee will obtain no benefit by a charge. A life tenant or other limited owner may obtain a charge m his own favour, in which case if he die his representatives may continue to take the benefit of the charge or he may recoup himself his capital by mortgaging the land under sect. 32 (y), and then if he die the remaindermen will bear part of the cost. This jmrt of the section is for the benefit of the remain- dermen, as it prevents the life-owner from recouping himself entirely at the expense of the estate, by limiting the number of years over which the instalments are to be spread. The executors of a landlord, tenant for life, who have been compelled Executors of under the Act to pay compensation for improvements to an outgoing landlord who tenant, who had claimed conipensation, and whose tenancy had been pepjation ''°'"' determined before the death of the landlord, are entitled to a charge upon entitled to a the holding in respect of the amount which they have so paid. In a charge upon recent case (z) a petition asked for an order, charging the holding with homing, payment to the petitioners of ^35 paid by them to an outgoing tenant, H. The deceased was the tenant for life of a farm, and H. was yearly tenant of the farm under him. II. 's tenancy was determined by him ijy a notice to quit expiring on March 25, 1S90, and before the expiration of his tenancy he claimed compensation under the Act for improvements. Two valuers were appointed, and they, on April 5, agreed upon ^35 as the amount of compensation to be paid under sect. 8 of the Act. On April 8, the tenant for life died, having up to that time been in receipt of the rents and profits of the lands in question as tenant for life. The ownership then passed to the remaindermen in fee. On April 24, the executors of the tenant for life paid the £t,S) to H., and afterwards presented a petition to the county court in order to obtain a charge upon the holding for that amount. Lord Esher, M.R., in the course of his judgment, said : "In my opinion the appellants cannot succeed unless they can l)ring themselves within the final clause of sect. 61. I agree with V'aughan \Viliiams, J., that prima facie the definition of ' landlord ' in that section shuts out the executors of a landlord. The definition says that ' landlord ' means (it does not say ' includes ') (x) Scottish Widows' Fund w Craig; (1882), 20 CD. 208; 51 L.J.Ch. 363; 30W.R. 463. (y) Infra. (=) Goui;h V. Gough, (1891), 2 Q.B. 665; 60 L.J.Q.B. 726; 65 L.T. no; 39W,R. 59i; 55 J. P. 807. 70 Agricultund Holdings {Englmid') Act, 1883. 46 & 47 Vict, 'any person for the time being entitled to receive the rents and profits c. 61. of any holding.' I doubt whether the executors of a landlord would come within that definition. It is a hard and fast definition, and the result is that you cannot give any other meaning to the word ' landlord ' in the Act than that which is mentioned in the definition. It is quite difierent in the case of a tenant. There the draftsman has dropped the word ' means,' and has said that ' tenant ' ' includes executors, admini- strators, etc., of a tenant ' — that is, the word as used in the Act includes the ordinary meaning, and adds something to it. In the case of a landlord, on the contrary, the word can have no other meaning than that which is stated in the definition. Then we come to another clause — the final clause — of sect. 6i, which would be idle if the words ' land- lord ' and ' tenant' in it are to be restricted to the meaning given in the prior definitions. The clause provides that the ' designations of landlord and tenant'- that is, the words used in the Act to designate those persons — ' shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements.' There is, therefore, a time when the terms ' landlord ' and ' tenant ' are not to be strictly construed according to the prior definitions, but the designations are to continue to apply to the parties although the definitions would not apply. ' To the parties ' — the question is whether, in such a case as the present, the phrase will include the executors of a landlord who was tenant for life of the property. The proceedings under the Act were commenced during the life of the tenant for life, and they were to go on till they were con- cluded. While they were going on the tenant for life died. Were the proceedings concluded by his death ? No, they went on. His executors had to pay the sum awarded for compensation, and they became parties to the proceedings. Does the word ' parties' in the final clause of sect. 61 mean the ' parties to the original contract of tenancy' only ? . . . Sect. 61 of the Act of 1883 says 'ajiply to the parties,' omitting the words 'to a contract of tenancy' [which were in the Act of 1875]. The phrase used in the Act of 1875 was a more limited one, and applied to a more limited class. The word ' parties ' is now left at large, and w^e must give effect to the alteration ; and we can do that only by saying that the word ' parties ' includes a larger number of persons than ' parties to a contract of tenancy.' To whom does the word ' parties' in the later Act apply ? It must have some limitation, and I think it must mean parties to the proceedings which are initiated, and are to be carried out under the Act. It will, therefore, include the executors of a landlord when they have become parties to the proceedings. Although the executors of a tenant for life do not come within the definition of ' landlord,' yet, if a (juestion of compensation has arisen, the term ' landlord ' is to continue to apply to the parties to the proceedings until the conclusion of the proceedings. According, therefore, to the ordinary rules of construction, this will bring in the executors of a tenant for life who has died during the pending of the proceedings, and in this way justice will be done, and an injustice, which one of my learned brethren has characterised as both monstrous and senseless, will be avoided." Mortgages. Charges will of course rank in order of time. Where land is in mortgage, the rights of mortgagees are preserved by sect. 30 (a), limiting the charge to the interest of the landlord and to interests subsequent to that of the landlord. (a) Jn/ra. AgricidUi7-al Holdings [England) Act, 1883. / By sect. 5 of the Settled Land Act, 1882, it is enacted that, 4'5 & 47 Vict. " Where on a sale exchange or partition there is an incumbrance '^' affecting the land sold or given in exchange or on partition, the tenant for life with the consent of the incumbrancer, may charge that incum- incumbrance on brance on any other part of the settled land, whether already charged other part of therewith or not, in exoneration of the part sold or so given, and, by ''"ind. conveyance of the fee simple, or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, make provision accordingly." 30. The sum charged by the order of a county incidence of court under this Act shall be a charge on the holdings ^ ^'^^'' or the part thereof charged, for the la/idlord's interest therein, and for all interests therein subsequent to that of the landlord ; but so that the charge shall not extend beyond the interest of the landlord, his executors, administrators, and assigns, in the tenancy where the landlord is himself a tenant of the holding. All interest subsequent to that of the landlord — i.e., subsequent in order of time and inferior to the landlord's interest. The Act, by making the charge liind only subsequent interests, saves the rights of mortgagees and other persons having interests superior to the landlord, whilst it will extend to bind the land in the hands of a subsequent Searches for mortgagee or purchaser. An intending purchaser or mortgagee of charges by Agricultural Holdings will therefore have to make searches for charges in the county court. IVhere the landlord is himself a tenant — i.e., where a tenant under- Underleases, leases, and the underlessee obtains compensation from the tenant, who charges it upon his holding. Though the executors or administrators of the deceased tenant and the assignee of his interest will take it burdened with the charge, such a charge will not bind the underlessee's interest. Assigns — The word " assigns " is a term of well-known signification, Who are assigns, comprehending all those who lake either immediately or remotely from or under the assignor, whether by conveyance, devise, descent or act of law [b). A trustee in bankruptcy is probably included in the word " Assigns," as he might disclaim the tenant's interest if the charge was onerous. (By sect. 61 tenant includes trustee in bankruptcy of a tenant.) But with this and like exceptions it is presumed that the Act means "volun- tary assigns," and not assigns thrust upon him by Act of Parliament, such as a company taking land under compulsory pow-ers (■:). 31. Where the landlord is a person entitled to Provision in case receive the rents and profits of an}- holding as trustee, ° or in any character otherwise than for his own {!>) Baity v. DeCrespigny, (1869), L.R. 4 Q.B. 180 ; 38 L.J.Q.B. 98 ; 19 L.T. 681 ; 17 W.R. 494. (c) Baity v. De Crespigny, supra{l>). 72 Agricultural }Ioldiiigs {Euglaud) Act, 1883. 46 & 47 Vict, benefit, the amount due from such landlord m respect '— of compensation under this Act, or in respect of compensation authorised b)' this Act to be substituted for compensation under this Act, shall be charged and recovered as follows and not otherwise ; (that is to say,) (i.) The amount so due shall not be recoverable personally against such landlord, nor shall he be under any liability to pay such amount, but the same shall be a charge on and recoverable against the hold lug only. Form 40 00. (2.) Such a lajidlord shall, either before or after having paid to the tenant the amount due to him, be entitled to obtain from the county court a charge on the holding to the amount of the sum required to be paid, or which has been paid, as the case may be, to the tenant. (3.) If such landlord neglect or fail within one month after the toiaut has quitted his holding to pay to the tenatit the amount due to him, then after the expiration of such one month the tenant shall be entitled to obtain from the county court in favour of himself, his executors, administrators, and assigns, a charge on the holding to the amount of the sum due to him, and of all costs properly incurred by him in obtaining the charge or in raising the amount due thereunder. (4.) The court shall, on proof of the tenants title to have a charge made in his favour, make an order charging the holding with payment of the amount of the charge, including costs, in like manner and form as in case of a charge which a landlord is entitled to obtain. 1)1 any character otherwise than for his ow>i benefit — A mortgagee in possession might be such a person. Charge before Either before or after — This section is altogether an exception. The payment. procedure for the recovery of compensation provided by sect. 24 does ((/) Appendix \\\., fast ■p. 148. Agricultural Holdings {England) ^r/, 1883. "j"}^ not apply, and the main condition, which by sect. 29 must be satisfied 4'5 & 47 Vict. before a charge can he obtained, namely, payment or expenditure of '^' ^'' compensation, is here dispensed with. The landlord is to be entitled to obtain the charge, and the court can only recjuire the observance in good faith of the conditions imposed by the Act, proof of the agreement or award. On proof of the teuanCs title — i.e.^ on proof of the agreement or award. It is provided by sect. 3 of the Tenants' Compensation Act, 1890 ((/osty>. 125. (f) Appendix \\.,J>ost p. 135. 74 Agricultural Holdings {England) Act, 1883. 46 & 47 Vict. A half-yeai's 7iotice expiring with a year of tenancy — i.e.y when the c. 61. tenant enters on March 25th he is now entitled to a half-year's notice, given at such a time that it shall expire on March 25th next after the notice was given. In future he will be entitled to a year's notice so expiring. As to when current tenancies become tenancies under the Act, the reader is referred to sect. 61 (f). The provisions of this section apply to contracts of tenancy " made either /before or after the commencement of this Act." Meaning of ^ by This section does not apply where a half-year's notice or any other notice is expressly stipulated for. This was decided by the Court of Api^eal in Bar/oiu v. Teal[li). There was a clause in the tenancy under a written agreement from year to year that the tenancy should continue " until six months' notice shall have been given .... in the usual way to determine the tenancy." The Court of Appeal held that the tenancy was not one '' where a half-year's notice . . . . is by law necessary" within this section. Brett, M.R., said: "I am of opinion upon the true construction of the Act that the section applies where there is no express stipulation as to the termination of the tenancy, and that it does not apply where there is an express stipulation. Where there is no express stipulation, the mode of determining the contract of demise is governed by the law and not by the contract entered into between the parties. Whenever a tenancy from year to year is created by implication of law, there must be a half-year's notice to quit ; if no stipulation is con- tained in the demise for the determination of the tenancy, a stipulation would be introduced, by law that it should be determined by a half-year's notice. But where the parties to a demise have agreed that a half-year's notice shall be given, that is a stipulation created by the contract entered into between the parties, and it is not a stipulation created by the law. In the present case a six months' notice to quit has been made a term of the demise by the contract and agreement of the parties, and the present case does not fall within the provisions of sect. 33. It follows that the contract of tenancy is without those provisions ; but that is not a fatal objection to the valitlity of the notice to quit, for where the landlord and the tenant agree in writing that the section shall not apply, the contract as to the notice to quit is nevertheless good. Whenever there is an express contract as to the time of quitting, or as to the mode of giving notice to quit, the enactment does not apply ; the case does not fall within the section." A similar decision was given under the corresponding section of the Agricultural Holdings Act, 1875 (0- Notice to quit— A six months' notice to determine a yearly tenancy commencing on vear""^"^ ^'^^ '^^ ^^ Ordinary Feast-days, means a "customary six months," that is, from one of the usual quarter-days to the quarter-day next but one following, though such six months should exceed or fall short of the number of days which constitute a half-year. Consequently a notice served on March 26 to quit on September 29 then next, is insufficient notice [k). (g) Post p. 94. (A) (1885), 15 Q.B.D. 501; 54 L.J.Q.B. 564; 54 L-T. 63; 34 W.R. 54; 50 J. P. 100. See also King\. Ez'ei-sjield,(\'&^-]) 1 Q.B. 475; 66 L.J.Q.B. 809; 77 L.T. 195 ; 46 W.R. 51 ; 51 J.P 7.J0 ; post p. 123, wfiere it was held by the Court of Appeal that a tenancy which provided for three calendar months' notice to quit on any day of the year was nevertheless a tenancy from " year to year." (0 Wilkinson V. Calvert, (1878), 3 C.P.D. 366 ; 47 L.J.C.P. 679 ; 38 L.T. 813 ; 26 W.R. 829. (Ji) Morgan v. Davies, (1878), 3 C.P.D. 260 ; 26 W.R. 816. year. Agricultural Holdings {England) Act, 1883. 75 34. Wliere, after the commencement of this Act, a ■** *i.'*^7'"' tenant affixes to his holding any engine, machinery, fencin"', or other fixture, or erects any buiklincr, for '^'^nam's pro- 1 . , ^ . , 1 • > , ■ ! , 1 ?<=•"(>' Ill fixtures, which he is not under this Act or otherwise entitled '"achinery.&c. to compensation, and which is not so affixed or erected in pursuance of some obHgation in that behalf or instead of some fixture or building be- longing to the landlord, then such fixture or building shall be the property of and be removable by the tenant before or within a reasonable time after the termination of the tenancy. Provided as follows : — (l.) Before the removal of any fixture or building the tenant shall pay all rent owing by him, and shall perform or satisf)' all other his obligations to the landlord in respect of the holding : (2.) In the removal of any fixture or building the tenant shall not do any avoidable damage to any other building or other part of the Jiolding : (3.) Immediately after the remo\-al of an}' fixture or building the tenant shall make good all damage occasioned to any other building or other part of the holding by the removal : (4.) The tenant shall not remove any fixture or Form 15 w. building without gi\"ing one month's pre- vious notice in writing to the landlord of the intention of the toiant to remove it : (5.) At any time before the expiration of the notice Form 16 (w). of removal, the landlord, by notice in writing given b}' him to the tena)/t, may elect to purchase an\- fixture or building comprised in the notice of removal, and an}- fixture or building thus elected to be purchased shall be left by the tenant, and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming ^°™^ '7. 31 («). (/) Appendix III., /£>^/ p. 139. (ill) .\ppcndix \\\.,/>ost p. 139. («) .Vppeiidix III.,/<».f/ pp. 139, 143. ^6 Agnciiltural Holdings {England^ Act, 1883. 46 & 47 Vict. c. 61. What are fixtures. Fixtures erected previous to Jan. ist., 188;. tenant of the Jiolding; and any difference as to the value shall be settled by a reference under this Act, as in case of compensation (but without appeal). Fixtures : — The word " fixture " is apparently here used in the usual sense of anything annexed to the soil [0). It is to be presumed, however, that the Act only applies to what are generally called "landlord's" fixtures, such as engines and machinery, used for the purpose of agriculture, and things ejusdem generis, and not to " tenant's" fixtures put up for ornament or domestic use, such as book- cases, chimney-pieces, stoves, grates and so on. In deciding what are fixtures, the questions to consider are, /?rj/, the mode of annexation to the soil, whether the chattel can be removed without injury to itself or to the freehold ; and, secondly, the object and purpose of the annexation, whether it was a permanent improvement or merely for a temporary purpose (/). Thus, cotton spinning machines fixed by screws into the wooden floor and into lead poured in a melted state into holes in the floor were held not to be fixtures {q). So chattels only resting on the ground by their own weight, though they may have sunk into the ground, or deposited in holes dug in the ground and lined with brickwork are not fixtures (r). It should be remembered that all chattels not fixed to the soil are distrainable for rent. After the commencement of this Act: — This section only applies to chattels fixed to the soil after the ist of January, 1S84. With respect to chattels fixed prior to that date, the general rule is, that a tenant who has affixed anything to the freehold during his tenancy cannot remove it without his landlord's consent. To this rule there are considerable exceptions in favour of trade governed mainly by the principles laid down in H ELLA well v. Eastwood [s), but these exceptions do not extend to agriculture. The Landlord and Tenant Act. 1851 (/) contained provisions enabling a tenant of a farm or lands to remove any farm building, either detached or otherwise, or any other building, engine, or machinery, erected either for agricultural purposes, or for the purposes of trade and agriculture, erected with the consent in writing of the landlord, which shall not have been erected or put up in pursuance of some obligation in that behalf. Under such Act the tenant before removal must give his landlord a month's notice in writing, to enable him to elect to purchase the fixtures ; the value to be ascertained by two referees, one chosen by each party, or their umpire. (Vic\\ person as the Duke of Cornwall for the time being, or other the personage for the time being entitled to the revenues and possessions of the Duch)' of Cornwall, from time to time, by sign manual, warrant, or otherwise, appoints, shall represent the Duke of Cornwall, or other the personage aforesaid, and be deemed to be the landlord, and ma}' do any act or thing under this Act which a landlord is authorised or required to do thereunder. An}' compensation pa}'able under this Act by the Duke of Cornwall, or other the personage aforesaid, in respect of an improvement mentioned in the first or second part of the First Schedule to this Act shall be deemed to be pa}'able in respect of an improve- ment of land within sect. 8 of The Duch}' of f8'/^'"'•■"=•■'9■ Cornwall Management Act, 1863, and the amount thereof may be advanced and paid from the money mentioned in that section, subject to the provision therein made for repayment of sums advanced for improvements. Ecclesiastical a)id Charity Lands. 38. Where lands are assigned or secured as the Landlord, .irch- endowment of a see, the powers by this Act conferred '^'"p""" '^ °p- So Agricultural Holdings {England) Act, 1883. Landlord, in- cumbent of benefice. 46 & 47 Vict. Oil a landlord shall not be exercised by the archbishop '^•^'' or bishop, in respect of those lands, except with the previous approval in writing of the estates committee of the I^cclesiastical Commissioners for England. 39. Where a landlord is incumbent of an ecclesi- astical benefice, the powers by this Act conferred on a landlord shall not be exercised by him in respect of the glebe land or other land belonging to the benefice, except with the previous approval in writing of the patron of the benefice (that is, tlie person, officer, or authority who, in case the benefice were then vacant, would be entitled to present thereto), or of the Governors of the Queen Anne's Bounty (that is, the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy). In every such case the Governors of Queen Anne's Bounty may, if they think fit, on behalf of the incumbent, out of any money in their hands, pay to the tenant the amount of compensation due to him under this Act ; and thereupon they may, instead of the incumbent, obtain from the county court a charge on the holding, in respect thereof, in favour of them- selves. Every such charge shall be effectual, notwithstand- ing any change of the incumbent. See notes to sect. 29. 40. The powers by this Act conferred on a land- lord in respect of charging the land shall not be exercised by trustees for ecclesiastical or charitable purposes except with the previous approval in writing of the Charity Commissioners for England and Wales. Landlord, charity trustee, &c. Resumption of possession for cottages, &c. Form 4 (b). Resumption for Improvements and Miscellaneous. 41. Where on tenancy fj'om year to year a notice to quit is giv^en by the landlord with a view to the use of land for any of the following purposes : The erection of farm labourers' cottages or other houses, with or without gardens ; (b) Appendix 11., />osi p. 135. Agricnltiiral Ho/di/ii^s ( ling' and) Act, 1.SS3. ,Si The providing of gardens for existing farm ''^ ^c^ei^'"' labourers' cottages or other houses ; The allotment for labourers of land for gardens or other purposes ; The planting of trees ; The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connection therewith ; The obtaining of brick earth, gravel, or sand ; The making of a watercourse or reservoir ; The making of any road, railway, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith ; and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the Jiolding. In ever\' such case the provisicMis of this Act respecting compensation shall apply as on dete7'niina- tion of a toiaiuy in respect of an entire holding. The tenant shall also be entitled to a proportionate Form 5 (c-). reduction of rent in respect of the land comprised in the notice to quit, and in respect of an\- depreciation of the value to him of the residue of the holding, caused b)' the withdrawal of that land from the holding or by the use to be made thereof, and the amount of that reduction shall be ascertained by agreement or settled by a reference under this Act, as in case of compensation (but without appeal). The tenant shall further be entitled, at an)' time within twenty-eight days alter service of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expiration of the then current )ear of tenancy ; and the notice to quit shall have effect accordingly. (c) Appendix II., /('j/ p. 135. 82 Agriadtiiral Holdings {England) Act, 1883. 46 & 47 Vict. c. 61. Then current year. Relates to part only of the /^oM«^— Independently of the Act, and of agreement, a notice for part only of the holding is a bad notice {d) . Settled by a reference— Tht whole expense of a reference must be undertaken to ascertain some very minute reduction, unless the parties can agree. The tenant shall further be entitled— T\\Q words " then current year " give the tenant power to determine the tenancy at less than a year's notice ; for instance in a Lady-Day tenancy a landlord might, on March 25, give notice under this section to quit on March 25 year, and the tenant could, within twenty-eight days, accept such notice as notice to quit the entire holding. Provision as to 42. Subjcct to the provisions of tliis Act in relation limited ou-ners. ^^ ^-own, duchy, ccclesiastical, and charity lands, a landlord, whatever may be his estate or interest in his holding, may give any consent, make any agreement, or do or have done to him any act in relation to improvements in respect of which compensation is payable under this /\ct which he might give or make or do or have done to him if he were in the case of an estate of inheritance owner thereof in fee, and in the case of a leasehold possessed of the whole estate in the leasehold. Settled Land Act, 1882, s. 25-29, scheme to be submitted to trustees. Do or have done to him any act — This section should be considered with the provisions of sects. 25-29 of the Settled Land Act, 1882, referring to the execution of improvements by a tenant for life or trustees. By sects. 25-27 and 29 of that Act, a tenant for life may execute or may "join or concur with any other person interested "in executing the improvements mentioned in sect. 25 of the Act (which include, roughly speaking, all the improvements in Parts i and 2 of the schedule to this Act), or in contributing to the cost thereof By sect. 26 of the Settled Land Act the tenant for life must submit the scheme of improvement to the trustees if the money is in their hands, or to the court, if the money is in court, before he can apply the capital money arising by sale or otherwise in payment for the improve- ment, and he must also obtain a certificate of the land commissioners or of an engineer or able practical surveyor approved by them, or an order of court, certifying that the work has been properly executed, or directing the trustees so to apply the money. By sect. 28, the tenant for life and his successors must maintain and repair the improvements made. If then the landlord joins with the tenant in executing an improve- ment, and bears part of the cost, he may charge any compensation paid to the tenant in respect of his share on the land under the present section. If he wish to have his own share of the cost, and the compensation paid to the tenant repaid him out of capital moneys, he must obtain the approval and certificate above mentioned. id) Doe V. Archer, (1811), 14 East 245. See clauses 28 and loA, Appendi-x I., post pp. 131, 134. Agricultural Holdings (lingland) Act, I- the ig) Ex parte Bull in re Bew, (1887), 18 Q.B.D. 642 ; 56 L.J.Q.B, 270 ; 56 L.T. 571 ; 35 W.R. 455; 51 J. P. 710. 86 Agricultiiral Holdings {E)igland) Act, 1883. 46 it 47 Vict. c. 61. Machinery and live stock for breeding purposes. lividlord {(>\ rent where there i.s other sufficient distres.s to be found, and if .so distrained by reason of other sufficient distress not being found, there shall not be recovered b)^ such distress a sum exceeding the amount of the price so agreed to be paid for the feeding, or if any part of such price has been paid exceeding the amount remaining unpaid, it shall be lawful for the owner of such stock, at any time before it is sold, to redeem such stock by paying to the distrainer a sum equal to such price as aforesaid, and an}' payment so made to the distrainer shall be in full discharge as against the tenant of any sum of the like amount which would be otherwise due from the owner of the stock to the tenant in respect of the price of feeding : Provided always, that so long as any portion of such live stock shall remain on the said Jioldins: the right to distrain such portion shall continue to the full extent of the price originally agreed to be paid for the feeding of the whole of such live stock, or if part of such price has been bond Jide paid to the tenant under the agreement, then to the full extent of the price then remaining unpaid. Agricultural or other machinery which is the lunid fide property of a person other than the tenant, and is on the premises of the tenant under a bond fide agreement with him for the hire or use thereof in the conduct of his business, and live stock of all kinds which is the botid fide property of 2i person other than the teiuDit, and is on the premises of the tenant solely for breeding purposes, shall not be distrained for rent in arrear. Fair price." Livestock — Include.s by sect. 61 "any animal capable of being distrained." A fair price — Some precautions against fraud are necessary to prevent abuse of this section, otherwise it will be found that on a distress being made all the cattle belong to some relation under an agreement for agistment. The words "fair price" in this section do not necessarily imply a money payment. It was held(/i) by Lord Coleridge, C.J., and Mathew, J., that cows delivered for agistment on the terms "milk for meat," [i.e., that the cows should feed on the farm, and the farmer (A) London and Yorkshire Bank v. Bclton, (1885), 15 Q.B.D. 457 ; 54 L.J.Q.B. 568; 34 W.R. 31; soJ.P. 86. Agricultural Holditigs {England) Act, 1883. 87 should have their milk ill return) were exempt from distress. In the 46 & 47 Vict. course of his judgment, Lord Coleridjje, C.J., said: "The simple c. 6x^ question is, whether under sect. 45 of 46 & 47 Vict., c. 61, a ' fair price' to be paid for agistment will include an agreement of barter as well as an agreement for payment in cash. The County Court Judge has found (and I (juite understand and accejH his finding) that agreements of this kind are very common in the part of the country in which he has to administer justice, and it is obvious that if the Act did not ajiply to them the use and operation of this Act is very considerably narrowed. The conclusion that the Act has failed to that extent is one from which I shrink. The question is, what is the meaning of the words ' fair price'? Putting aside pedantic and scholastic refinements and deri- vations, ' price ' in ordinary colloquial language does not always mean money, and 'fair price' does not always mean 'coin of the realm.' We say that a man got something and paid a ' fair price ' for it without meaning that he paid down so many pounds, shillings, and pence, but meaning only that he paid a fair equivalent for what he got. This Act has said that if the agister has paid a ' fair price' certain consequences shall follow — not that he is to escape a fair payment in meal or malt — but that he is not to have his cattle taken from him by the landlord. I think that it was the intention of the Legislature to alter the state of things which previously existed, and these agreements must have been known to the Legislature. If the Legislature has used words which without stretching cover a case of this kind, the inclination of my mind is to put such a construction upon the statute as will give effect to it — not because it is an alleviating statute, but because it is right to give to the words their full meaning. There are expressions in the section, such as the 'amount of the price so agreed to be paid,' ' exceeding the amount remaining unpaid,' and ' equal to such price as aforesaid,' which are, at all events, patient of the interpretation that ' price ' is to have a wide meaning, and that if a fair price is paid by the owner his cattle are to be protected to the extent of that fair bargain." Where the tenant allowed an owner of cattle " the exclusive right to "Exclusive feed the grass on the land for four weeks " in consideration of ^z, the "^ht to feed on Court (Field and Wills, JJ.) held that the cattle were not " taken in by f^'e^eks."'^ the tenant to be fed at a fair price," and were therefore not privileged from distress (/). Field, J., said : " At a certain period of the yeara tenant farmer wishes to dispose of his aftermath. He may not himself have live slock enough to consume it. Of course under these circumstances he may himself mow it, but he may also render available this part of his interest in the land in one of two ways. He may take some other person's cattle on to the farm and agist them, or, if his holding is on terms such as to enable him to do so he may demise to some other person for a given time the ' herbogium ' or ' vestura terra\' In the latter case Lord Coke says that the person to whom the land is thus demised 'shall have an action of trespass quart claiisuin fregit^ (/•). The two transactions are therefore essentially different. In the present case I am not concerned to decide whether this agreement by which the tenant gives to another ' the exclusive right to feed the grass on the land for four weeks ' amounts to a demise of the surface of the soil. The only question is whether the cattle which are on the land under this agreement are 'taken in by the tenant to be fed at a fair price.' It (/■) Masters v. Green, (1888), 20 Q.B.D. 807 ; 59 L.T. 476; 36 W.R. 591 ; 52 J-^- 597;, (A) Coke upon Littleton, 4 b. 88 Agricultural Holdings {England) Act, 1883. 46 & 47 Vict, -appears to me that the tenant does not at,'ree either to 'lake in' or to _f^-_ ' feed ' the cattle, and that the sum which he is to receive is not the ' price' of the feed of the cattle, but a payment in the nature of a rent for use and occupation. The object of the Act, like that of the Lodger's Goods Protection Act, is to prevent the goods of one man being taken to pay the debt of another, and, so far as its policy is concernetl, I see no valid distinction between the cases, and no reason why these cattle, just as much as cattle taken on the farm to be agisted, should not be exempt from distress. The duty of the Court is, however, to apply the words of the Act, and in my opinion this transaction is not within them." Principle of IVhere there is other siiffirieiit distress to l)e found — Independently of privilege from jhig section, Cattle which are upon the land by way of agisting mav be distress. distrained for rent (/). Mellor, J., in Miles v. Furber (w)> remarks— " I cannot help thinking that if it were shown that a person exercised the trade of agisting cattle, the same principle would apply as in the case of a pawnbroker," i.e., that the cattle would be absolutely privi- leged from distress as things delivered to a person exercising a public trade to be managed in the way of his trade. The amount of the price — See sect. 46 as to procedure for settling the fairness of the price. Ai^riciiltiiral and other iiiacliinery — There is no definition of the word machinery in the Act. It would prol>ably be held to be confined to mills, steam engines, thrashing machines and chattels of a like nature. If it includes ploughs and all kinds of farming implements, it may have the effect of developing a trade in the hire of such implements, and so leaving a farmer's capital free to increase his stock, instead of spending it in expensive implements and machinery. Remedy for 46. WhcfC RHV cHsptltC ai'i.SeS wrongful distress iinderthisAct. ^^^^ j,.| rcspcct of ally distfess having been levied contrary to the provisions of this Act ; or [b) as to the ownership of any live stock distrained, or as to the price to be paid for the feeding of such stock ; or (<;•.) as to any other matter or thing relating to a distress on a holding to which this Act applies : such dispute may be heard and determined by the count}' court or by a court of summary jurisdiction, and any stich county court or court of summary jurisdiction may make an order for restoration of any Form4i(«)- live stock OX things unlawfully distrained, or may {I) II Geo. II., c. 19, sect. 8. (m) Miles v.Furher, (1873), L.R. 8 Q.H. 77; 42 L.J.Q.B. 41; 27 L.T. 756; 21 W.R. 262; following .9to/W V. Leach, (1865), 18 C.B.N. S. 479; 34 L.J.C.P. 150; II L.T. 680 ; 13 W.R. 38s ; 11 Jur. N.S. 179. (n) Appendix \.,/>ost-p. 149. Agricultural Holdings {England) Acl, 1883. 89 declare the [irice aL;recd to be paid in the case where ^^\*\^'"- the price of the feeding is required to be ascertained, or may make any other order which justice requires : any such (Uspute as mentioned in this section shall be deemed to be a matter in which a court of summary jurisdiction has authorit)' by law to make an order on C(jm[)laint in pursuance of the Summary Jurisdiction Acts ; but any person aggrieved by any decision of such court of summary jurisdiction under this section Form42(()). ma)', on giving such security to the other party as the court may think just, appeal to a court of general or quarter sessions. Levied contra)-}' to the provisio)is of this Act — for instance (l) distress for rent clue more tlian a year l)efore the making of the distress, sect. 44 ; (2) distress of live stock or agricultural machinery C(jntrary to the provisions of sect. 45 ; (3) distraining for more than the balance, after set-off of compensation under sect. 47. . Any other matter or thing — for instance, Who is the " landlord," " tenant," or " owner " of goods distrained ; whether proper notice tliat the chattels were privileged was given ; what is " machinery " ; what is the "conduct of his business"; the dona /cies of the property in machinery, and of the agreement for its hire and use (sect. 45) ; the amount of security to be given on appeal (sect. 46). Jl/aj' be heard and determined— \.\\(i section is voluntary, and does not bar the existing remedy in the High Court for illegal or excessive distress. Clause 29 of A}5pendix I. {/) will generally be found useful. Court of summary jurisdiction — The procedure before a court of summary jurisdiction is dealt with in the chapter on Proceilure (//)■ Which justice requires — Such as an order for payment of the price declared or damages for the unlawful distress Any person aggrieved ■ As the decision of the court of summary jurisdiction, unless appealed from, would be conclusive as to the property in the goods, it would appear reasonable to adopt the con- struction of the Court of Appeal in E. p. Lk.vrovd /;/ re FoULDS {q) on the words " person aggrieveil," namely, that a third person whose title to property is affected by the decision, such as a bill of sale holder, is entitled to appeal. Appeal from county court— An appeal lies from the decision of a county court judge in the matter of a dispute heard and determined by him under this section. Smith, J., said : " I do not think that the ei^fect of the latter jjart of the section is to exclude an appeal from a county court judge " (r). (o) .\ppcndix y.,^ostp. 150. (/) /'ost p. 132. (//) .hid pp. 37-40. if) (1878), 10 Ch. D. 3 ; 48 L.J. Banky. 17 ; 39 L.T. 525 ; 27 W.R. 277. (r) Haunter v. King-, (1887), 57 L.T. 367 ; 51 J. P. 804. 90 Agricultural }{oldi)igs [Eiiglajul) Act, 1883. 46 & 47 Vict. Appeal from quarter sessions — II is in ihe discretion of the court of '^ quarter sessions to state a case for the High Court. Cases so stated are now deemed to be appeals (j). Set-off of compensation against rent. 47. Where the compen.sation due under this Act, or under any custom or contract, to a tenant has been ascertahied before the landlord cHstrains for rent due, the amount of such compensation may be set-off against the rent due, and the landlord shall not be entitled to distrain for more than the balance. Any custom or contract — Valuations for away-going crops, uncon- sumed produce or tillages, may be set-oft" against arrears of rent. E.xclusion of certiorari. 48. An order of the county court or of a court of summary jurisdiction under this Act shall not be quashed for want of form, or be removed by certiorari or otherwise into any superior court. 49. 50. 51. 52. Repealed by sect. 9, Law of Distress Amendment Act, 1888 (/), by which Act the majority of the provisions of these sections have been re-enacted. (s) Judicature Act, 1894 (57 & 5^ Vict., c. 16), sect. 2. it) 51 & 52 Vict., c. 21, post p. 107. Agricultural Holdi)igs {England) Act, 1883. 91 PART III. General Provisions. 53. This Act shall come into force on the 1st clay 46&47V1CT. ol January, 1884, which day is in this Act referred to ^' as the commencement of this Act. Commencement of Act. 54. Nothini^ in this Act shall appK- to a /^^Vc//;,;^ Exception of .1 , . ^ .,, 1 11 • li 1 1 1 1' non-aKricultural that IS not either wholly agricultural or wholly and smaii pastoral, or in part agricultural, and as to the residue '''^''■'"g^- pastoral, or in whole or in part cultivated as a market garden, or to any holding let to the tenant during his continuance in an}' office, appointment, or employ- ment of the landlord. Shall apply to a holJiiii^ — The referee must decide whether the Act applies. As many nice (jiiestions may arise as to the apphcation o{ the Act this is an additional inducement to exchide it. It will be very difficult to decide under this section whether a tenant requires a year's notice under sect. 33 as being within the Act or not. Holdings on which there is a country house or shooting box or shop are not strictly within the section, but, considering the ol>ject and scope of tlie Act, a court of law would probably try and bring them within it. Market gardens — Market gardens are brought within the Act by the Market Gardeners' Compensation Act, 1895 (")• Officii appointment, or employment — This would seem to give an opening for an evasion of the Act. This will seriously affect sub- agents and other persons who, in return for their services, hold small amounts of land. 55. Any contract, agreement, or covenant made by Avoidance of , . ri-ii • 1 • 1 <-i- •! agreement in- a tenant, by virtue ot which he is deprived of his right consistent with to claim compensation under this Act in respect of'^"" any improvement mentioned in the First Schedule hereto (except an agreement providing such comi)en- sation as is by this Act permitted to be substituted for compensation under this Act), shall, so far as it depri\-es him of such right, be void both at law and in equity. («) 58 & 59 Vict., c. 27, fiost p. 121. 92 Agricultural Holdi)igs (Englaiid) Act, 1883. 46 & 47 Vict. c. 61. Whether tenant can contract himself out of the Act. Deprived of his right to claim coDipensalion — Tlie right to claim compensation does not arise until the tenant has executed the improve- ments and given the necessary notices. There would appear, therefore, to be nothing in the Act to prevent a tenant contracting not to execute improvements at all, or without leave of his landlord, though if he broke his contract he might claim compensation, and leave his landlord to his action for the breach. Right of tenant in respect of improvement purchased from outgoing tenant. 56. Where an incoming tenant has, with the consent in writing of his landlord, paid to an outgtjing tena)it an)' compensation pa}'able under or in pursuance of this Act in respect of the whole or part of any im- provement, such incoming tenant shall be entitled on quitting the holding to claim compensation in respect of such improvement or part in like manner, if at all, as the outgoing tenant would have been entitled if he had remained tenant of the holding, and quitted the holding at the time at which the incoming tenant q^\\\.s the same. Ill like iiiaiiiier if at all — Probably the provisions of this section will be largely used, as they will enable landlords to avoid the indebtedness and mortgages to companies contemplated by sects. 29-32. In many cases the improvements will have exhausted themselves before the in- coming tenant quits the holding. The landlord, though he may have been taking reduced rent in consequence of the incoming tenant's outlay, will not be paying money out of pocket or charging the holding. The incoming tenant should be most careful to keep all receipts and vouchers in respect of such payments, and the award made for com- pensation, so as to be able to prove his claim when the time arises, as otherwise it might be impossil)le, owing to lapse of time, to obtain evidence of value. Compensation due by custom — It is customary for incoming tenant to pay outgoing tenant compensation, apart from this Act. There is always, however, an miplied contract on the part of the landlord that, if there be no incoming tenant, he will pay the compensation due to the out- going tenant according to custom (.r). A custom that the outgoing tenant shall look to incoming tenant for payment, to the exclusion of the landlord, cannot be supported {y). Compensation 67. A tenant shall not be entitled to claim com- betxdusWe.*^' '" pensation by custom or otherwise than in manner authorised by this Act in respect of any improvement for which he is entitled to compensation under or in pursuance of this Act, but where he is not entitled to (-1') Favellv. Gaskoin, (1852), 7 Ex. 273 ; 21 L.J. Ex. 85. (y) Bradburti v. Foley, (1878), 3 C.P.D. 129; 47 L.J.C.P. 331 ; 38 L.T. 421 ; 26 W.R. 423. Agricultural Holdings {England) Act, 1%%}^. 93 compensation under or in pursuance of this Act he ''^^^^^g^'"' may recover compensation under any other Act of — '- — — l^arh'ament, or any agreement or custom, in the same manner as if this Act had not been passed. Entitled to compensation — If the tenant neglect to give the proper notices he will not be entitled to compensation. A)iy other Act of J'ar/iaincnt — See sect. 62 (h.) and (c.) (z). Custom — This section does away with the "custom of the country" in respect of improvements to wliich this Act applies and which have been executed since its commencement. It has no application to special stijiulations for compensation under sects. 3, 4, and 5. 58. A tenant who has remained in his //^A//;/^ Provision as to diu'ing a change or changes of tenanc}', shall not \m2n^\ thereafter on quitting his holding at the determination of a tenancy be deprived of his right to claim compen- sation in respect of improvements by reason only that such improvements were made during a former tenancy or tenancies, and not during the tenanc}- at the determination of which he is quitting. Change or changes of tenancy — This section was intrexluced, accord- Object of ing to Mr. Dodson, to strengthen the words in sect, i, "on quitting section, his holding" in the interests of a tenant, who, during the currency of a lease had taken more land. This section will also apply to a tenant holding over at the expiration of the term ; and it would appear to have this effect, that if a tenant have a dispute with his landlord about an increase of rent which he thinks is due to improvements made by himself, and notice to cjuit is given, but afterwards withdrawn, and the parties come to a com- prtjmise, the tenant, on quitting at any future time, can claim for the improvements made before such notice to quit was given. 59. Subject as in this section mentioned, a z"^;/,-?';// Restriction in , , , , • 1 1 • • r fe^jx^'^t of im- shall not be entitled to compensation in respect ot provements by any improvements, other than niannres as defined by ^^^".'^"' ='^""° this Act, begun b\- him, if he holds from year to year, within one year before he quits his holding, or at an}' time after he has given or received final notice to quit, and, if he holds as a lessee, within one year before the expiration of his lease. A final notice to quit means a notice to quit which has not been waived or withdrawn, but has resulted in the tenant quitting his holding. (s) Post pp. 96, 97. 94 Agricultural Holdings [England) Act, 1883. 46 & 47 Vict. c. 61. Form 2 {a). Forms lo, 6 {b). General saving of rights. Interpretation. The foregoing provisions of this section shall not apph' in the case of any such improvement as aforesaid — (i.) Where a tena)it from j^ear to year has begun such improvement during the last year of his tenancy, and, in pursuance of a notice to quit thereafter given by the landlord, has quitted his holding at the expiration of that year ; and (2.) Where a tenant, whether a tenant from year to year or a lessee, previously to beginning any such improvement, has served notice on his landlord of his intention to begin the same, and the landlord has either assented or has failed for a month after the receipt of the notice to object to the making of the improve- ment. 60. Except as in this Act expressed, nothing in this Act shall take away, abridge, or prejudicially affect any power, right, or remedy of a landlord, tenant, or other person vested in or exercisable by him by virtue of an}' other Act or law, or under any custom of the country, or otherwise, in respect of a contract of tenancy or other contract, or of any improvements, waste, emblements, tillages, away-going crops, fixtures, tax, rate, tithe rent-charge, rent, or other thing. The right to bring actions for waste and illegal or excessive distress in the High Court are instances of remedies saved l3y this section. The custom as to valuation between incoming and outgoing tenant is preserved {c) . 61. In this Act— " Contract of tenancy " means a letting of or agreement for the letting land for a term of years, or for lives, or for lives and years, or from year to year : A tenancy from year to year under a contract of tenancy current at the commencement of the (a) Appendix \\., post ■p. 135. {h) Appendix III., /o.y/ pp. 136, 137. (f) See note "custom " to sect. 56, ante p. 92. Agricultural Holdings {England) ^f^, 1883. 95 Act shall for the purposes of this Act be 46&47V1CT. deemed to continue to be a tenancy under a " contract of tenancy current at the commence- ment of this Act until the first day on which cither the landlord or tenant of such tenancy could, the one by giving notice to the other immediately after the commencement of this Act, cause such tenancy to determine, and on and after such day as aforesaid shall be deemed to be a tenancy under a cotitract of tenancy beginning after the commencement of this Act: " Determination of tenancy " means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause : " Landlord " in relation to a holding means any person for the time being entitled to receive the rents and profits of any holding : " Tenant " means the holder of land under a land- lord for a term of years, or for lives, or for lives and years, or from year to year : "Tenant" includes the executors, administrators, assigns, legatee, devisee, or next-of-kin, husband, guardian, committee of the estate or trustees in bankruptcy of a tenant or any person de- riving title from a tenant ; and the right to receive compensation in respect of any im- provement made by a tenant shall enure to the benefit of such executors, administrators, assigns, and o\her persons as aforesaid : " Holding " means any parcel of land held b)- a tenant : " County court," in relation to a holding, means the county court within the district whereof the holding or the larger part thereof is situate : " Person " includes a body of persons and a cor- poration aggregate or sole : " Live stock " includes any animal capable of being distrained : "Manures" means any of the improvements num- bered twenty-two and twent\'-three in the third part of the First Schedule hereto : 96 Agricultural Holdings {Englaiid) Act, 1883. *^%*6i^"''^' . ^^^ designations of landlord z.\\^ tenant shall con- tinue to apply to the parties until the conclusion of an}' proceedings taken under or in pursuance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act. A tenancy from year to year .... ivimediately after the com- mencement of the Act— i.e., for a Lady Day tenancy, the 25th of March, 18S5, and for a Michaehnas tenancy, the 29th of September, 1885. Tenancy with three months' notice — A tenancy agreement with a clause providing that it may be determined by either party giving to the other three calendar months' notice to quit on any day of the year may be a tenancy from "year to year" where the notice clause is not acted upon until after the expiration of a year. The question whether the agreement creates a tenancy from " year to year " or a quarterly tenancy depends on the construction of the agreement taken as a whole (d). Landlord .... entitled to receive the rents and profits — It may be a question whether a mortgagor who has attorned tenant to the mortgagee can be said to be entitled to receive the rents and profits. So long as the mortgagee received only his interest, the mortgagor presumably would be so entitled, but if the mortgagee entered into possession of the rents under the attornment clause, he would then be the person entitled to the receipt of the rents and profits. Executors of landlord—The executors of a landlord, tenant for life, who have been compelled under the Act to pay compensation to an outgoing tenant, who had claimed compensation, and whose tenancy had been determined before the death of the landlord, are entitled to a charge upon the holding in respect of the amount which they have so paid. Primd facie the definition of landlord shuts out the executors, but the final clause of the section covers this case (. 114. (/) Post p. 1 10. 7 A lOO Agricultural Holdings {England) Act, 1883. THE COUNTY COURT RULES, 1889. ORDER XL. Interpretation, 46 & 47 Vict, c. 61. Statement ot grounds of appeal to be filed. AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1 883. 1. When an appeal is made to the judge against an award made under the Agricultural Holdings (England) Act, 1883, the party prosecuting the appeal shall be called the appellant, and the party supporting the award the respondent. 2. The appellant shall, within seven days after the delivery of the award, file a copy thereof, together with a concise statement in writing of his grounds of appeal, which shall contain the following par- ticulars : — (i.) If the appeal shall be made on the ground mentioned in sect. 23, sub-sects, i and 2, of the said Agricultural Holdings Act, a statement of the several objections to the validity of the award on which he relies : (2.) If the appeal is on any of the grounds mentioned in sect. 23, sub-sect. 3, of the said Agricultural Holdings Act, a statement show- ing in respect of what matters compensation is alleged to have been improperly awarded : (3.) If the appeal is made on any of the grounds mentioned in sect. 23, sub-sect. 4, of the said Agricultural Holdings Act, a statement show- ing in respect of what matters compensation is alleged to have been improperly withheld : (4.) No ground of appeal shall be allowed at the trial unless the foregoing provision of this rule shall, in respect of such ground, have been complied with : (5.) The full names and addresses of the respondent and of the appellant and his solicitor, if the proceedings are commenced through a solicitor. Agricultural Holdings {England) Act, 1883. loi 3. The registrar shall, within twenty-four hours ^^^^^l^^^Xnx. after the filing of the concise statement, transmit a to respondent, copy thereof by post to every respondent at the address furnished to him, accompanied by a notice requiring the respondent to comply with the pro- visions of the next following rule, according to the form in the Appendix {a). 4. The respondent shall, within seven days after Respondent to . \ r 1 ir I'll-- deliver statement the transmission of the grounds ol appeal to nim, in reply, deliver to the registrar a statement in writing, signed by himself or his solicitor, disclosing the following matters : — (i.) Whether he disputes the validity in law of all, or any, and which of the grounds of objection to the award : (2.) Whether he disputes the truth in fact of all, or any, and which of the grounds of appeal : (3.) Whether he admits the validity in law and and truth in fact of all, or any, and which of the grounds of appeal : (4.) Whether he prays that the case may be remitted to be re-heard : (5.) His full name and address, and that of his solicitor, if the statement be delivered through a solicitor. 5. Upon the receipt of the statement in the last ^°P^'„V/t,^f<;'{^ preceding rule mentioned, the registrar shall transmit sent to the a copy thereof, and of the award and grounds of appeal to the judge, who shall, as soon as conveniently may be, appoint a time and place for the hearing of the appeal, and instruct the registrar to give notice thereof forthwith to the parties. 6. The judge shall hear and determine the appeal, and the order thereupon may be enforced in the same manner as any other judgment of the court (Ji). [a) Form 311A, post p. 104. (f>) Form 312, post p. 104. 102 Agricultural Holdings {Eugland) Act, 1883. Procedure on y.^, (i,) Where E oartv dcsircs to make application application for ^ ' '■ ^ . , *^_ appointment of to the coLii't for the appointment ot a reieree or unfph-l."'^ umpire under sub-sect. 6 or sub-sect. 9 of sect. 9, or 46 & 47 Vict. sub-sect. 2 of sect. 10 of the said Agricultural O. 01. _ _ c> s. 9 (sub-ss. 6, Holdings Act, 1883, he shall apply in writing to the s.' 10 (sub-s. 2). registrar to fix a time and place for the hearing of such application. {2.) If the party so applying produces to the registrar proof that the parties consent to the registrar exercising the powers of the court, the registrar shall fix a time for the hearing of the application before himself Such time shall be within fourteen days from the date of the application to the registrar, but shall not be less than seven days from the date of such application, unless the parties or their solicitors agree to the application being heard at an earlier date. (3.) In any other case the registrar shall fix the hearing of the application before the judge for any court appointed to be held within fourteen days from the date of the application to the registrar, but so that the registrar shall not, except by consent of the parties, fix the hearing for a day less than seven days from the date of such application. (4.) If there is no available court, the registrar shall send notice of the intended application to the judge, who shall, as soon as conveniently may be, fix a time and place for the hearing of the application. Such time shall be within fourteen days from the date of the application to the registrar, but shall not, except by consent of the parties, be less than seven days from such date. (5.) On the time and place for the hearing of the application being fixed, the registrar shall issue to the applicant a summons under the seal of the court, according to the form 312A in the Appendix, addressed to the other party, and requiring him to attend on the hearing of the application {c). (c) Form 312A, />os( p. 105. Agricultural Holdings {E}igland) Act, i8• void by a judge of that county court, and so much of section seven of that Act as refers to the cancellation of certificates is hereby repealed. This section repeals part of sect. 7 of the Law of Distress Amend- ment Act, 1888(a). 2. If any person not holding a certificate for the Penalty for time being in force under the Law of Distress «riificrt?°"' Amendment Act, 1888, levies a distress contrary to the provisions of that Act, he shall without pre- judice to any civil liability be liable on summary conviction to a fine not exceeding ten pounds. 3. The power to make rules under the Law of Duration of Distress Amendment Act, 1888, shall extend ^q *=" ' '-^'"• making provision for fixing the duration of certi- ficates granted, or to be hereafter granted, to bailiffs. 4. A court of summary jurisdiction, on complaint Unlawful that goods or chattels exempt under section four of'''^"'^^^' the Law of Distress Amendment Act, 1888, from distress for rent, have been taken under such distress, ma}', by summar)' order, direct that the goods and chattels so taken, if not sold, be restored ; or, if they have been sold, that such sum as the court may (a) Ante p. 109. 112 Law of Distress Avicndnicnt Act, 1895. 58 & 59 Vict. c. 24. determine to be the value thereof shall be paid to the complainant by the person who levied the distress or directed it to be levied. Evidence by accused. Short title. 5. In any proceeding against any person for an offence under this Act such person shall be com- petent, but not compellable, to give evidence, and the wife of such person may be required to attend to give evidence as an ordinary witness in the case, and shall be competent, but not compellable, to give evidence. 6. This Act may be cited as the Law of Distress Amendment Act, 1895. Distress for Rent Rules, 1888. 113 RULES MADE PURSUANT TO SECTION EIGHT OF THE LAW OF DISTRESS AMENDMENT ACT, 1888. 1. These Rules may be cited as the Distress for Rent Rules, 1888. 2. Certificates granted under the Law of Distress Amendment Act, 1888, herein-after called the Act, may be either general or special. A special certificate shall specify the particular distress or distresses to which it applies. Certificates shall be in the Forms Nos. I and 2 in Appendix I. to these Rules, with such variations as circumstances may require. 3. A special certificate may be granted by the judge or registrar, but a general certificate shall only be granted by the judge in person. 4. A general certificate shall authorise the bailiff named in it to levy at any place in England or Wales. 5. Any person (not being an officer of a County Court) holding a certificate under the Agricultural Holdings Act, 1883, shall on application be entitled to obtain, without fee, a general certificate. 6. No certificate shall be granted to any officer of a County Court. 7. Any practising solicitor of tlie Supreme Court shall, on application, and on payment of the pre- scribed fee, be entitled to a general or special cer- tificate. 8. A general or special certificate may, on pa_\'ment of the prescribed fee, be granted to an)' applicant who satisfies the authority granting the same that he is a fit and proper person to hold the certificate. 9. Where the applicant for a certificate is not a ratepayer, rated on a rateable value of not less than £2$ per annum, he may, if the authorit}- applied to thinks fit, be required to give securit}- for the due performance of his duties. 8 114 Distress for Rent Rules, 1888. 10. The security shall be security to the satisfaction of the registrar. In the case of a general certificate the amount shall be i^20, and in the case of a special certificate the amount shall be £^. 11. The security shall be given to the registrar. It may be given by deposit, or by bond, or by guarantee, as the registrar may think fit. 12. On any application to cancel a certificate the judge may, whether he cancels the certificate or not, order that the security shall be forfeited either wholly or in part, and that the amount directed to be forfeited shall be paid to the party aggrieved. 13. Where the judge orders that the security shall be forfeited, either wholly or in part, but does not cancel the certificate, he may direct that the bailiff shall give fresh security as a condition of retaining his certificate. 14. Subject to Rule 12, where a certificate is can- celled by the judge, the security shall also be cancelled, and the deposit (if any) returned. 15. No person shall be entitled to any fees, charges, or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those specified in, and authorised by, the table in Appendix II. to these Rules. The bailiff and not the landlord is entitled to the percentage for levying distress (a). The table of fees, charges, and expenses in Appendix \\.{b), has replaced the charges, etc., under schedule 2 of the Agricultural Iloldings Act, 1883. 16. Where the rent due exceeds ^20 the fees, charges, and expenses specified in Scale I. shall be allowed, and where the rent due does not exceed ^20 the fees, charges, and expenses specified in Scale II. shall be allowed. 17. In case of any difference as to fees, charges, and expenses between the parties, or any of them, the fees, charges, and expenses shall be taxed by the registrar of the district in which the distress is levied. (a) Philipps V. Rees, (1889), 24 Q.B.D. 17 ; 59 L.J.Q.B. i ; 38 W.R. 53 ; overruling Coode v. Johns, (1886), 17 Q.B.D. 714 ; 55 L.J.Q.B. 475 ; 55 L.T. 290 ; 35 W.R. 47; 51J.P. 21. {b) Infra, p. 116. Distress for Rent Rules ^ 1888. 115 The registrar may make such order as he thinks fit as to the costs of such taxation. 18. A copy of the table of fees, charges, and expenses authorised b}' these Rules shall be posted up by the registrar in a conspicuous place in his office, and every bailiff levying a distress shall, on the request of the tenant, produce to him his certificate and a copy of the table. 19. "Judge" means a judge of County Courts. "Certificate" means a certificate to act as a bailiff under section seven of the Act. " Registrar " means registrar of a County Court, and each registrar where there is more than one, and includes a deput}- registrar. APPENDIX I. Form i. General Certificate. [Date.] In the County Court of , holden at Pursuant to section seven of the Law of Distress Amendment Act, 1888, I hereby authorise A.B., of , to act as bailiff to levy distresses for rent in England and Wales. Signed Judge. Form 2. Special Certificate. [Date.] In the County Court of , holden at Pursuant to section seven of the Law of Distress Amendment Act, 1888, I hereby authorise A.B., of , to act as a bailiff to levy a distress on the premises of CD., of , for rent alleged to be due to E.F., of /-' N Signed ( ^•^- j Judge. ^- ^ or Registrar. 8 A ii6 Distress for Rent Rides, 1888. APPENDIX II. TABLE OF FEES, CHARGES, AND EXPENSES. Scale I. Distresses for Rent ivhere the Sum deinanded and due shall exceed ;^2o (c). For levying distress. Three per cent, on any sum exceed- ing ;^2o and not exceeding ;£5o. Two and a half per cent, on any sum exceeding ^50 and not exceeding ;2^2oo ; and one per cent, on any additional sum. For man in possession, 5s. per day ; to provide his own board in every case. For advertisements the sum actually and necessarily paid. For commission to the auctioneer. On sale by auction seven and a half per cent, on the sum realised not exceeding ;^ioo, five per cent, on the next ^200, four per cent, on the next ;^2oo ; and on any sum exceeding ^500 three per cent, up to ;^i,ooo, and two and a half per cent, on any sum exceeding ;^ 1,000. A fraction of ;^i to be in all cases reckoned j[^\. Reasonable fees, charges, and expenses (subject to Rule 17) where distress is withdrawn or where no sale takes place, and for negotiations between landlord and tenant respecting the distress. For appraisement, on tenant's written request, whether by one broker or more, 6d. in the pound on the value as appraised, in addition to the amount for the stamp. Scale II. Distresses for Rent where the Sum demanded and due shall not exceed J[^'2q. For levying distress, 3s. For man in possession, 4s. 6d. per day ; to provide his own board in every case. [c) This scale differs materially from that under schedule 2 of the Agricultural Holdings Act, 1883, which is repealed. Distress f 07' Retit Rules, 1888 & 1895. 117 For appraisement, on the tenant's written request, whether by one broker or more, 6d. in the pound on the value as appraised, in addition to the amount for the stamp. For all expenses of advertisements, if any, los. Catalogues, sale and commission, and delivery, is. in the pound on the net produce of the sale. For removal at tenant's request, the reasonable expenses (subject to Rule 17) attending such removal. RULES, DATED NOVEMBER 29, 1895, UNDER THE LAW OF DISTRESS (AMENDMENT) ACT, 1895. 1. An applicant for a general certificate shall satisfy the judge that he is resident or has his principal place of business in the district of the court, and shall state whether he has ever been refused a certificate or had a former certificate cancelled. 2. A general certificate shall (unless previously determined) have effect until the ist of February next after the expiration of twelve months from the granting thereof, provided that the judge of the court where the certificate was granted may renew the same from time to time for the like period. This Rule shall apply to every certificate granted before the passing of these Rules as if it had been granted at the date of the commencement of the Act. 3. A certificate shall have effect, notwithstanding cancellation or expiration by non-renewal, for the purpose of any distress w^here the bailiff has entered into possession before the date of cancellation or expiration. 4. On the renewal of a certificate the registrar shall be satisfied that the securit)- required under Rules 9 and 10 of the Distress Rules, 1888, is subsisting. The fee on the application for renewal shall be two shillings and sixpence. ii8 Distress for Rent Rules, 1895. 5. A renewed certificate shall be under the hand of the judge in the Form No. i in the Distress Rules, 1888, except that instead of the word "hereby" the words " by this renewed certificate " shall be inserted, and that the date at which the renewed certificate shall become terminable shall be added at the foot thereof. 6. There shall be made and signed by the registrar on the 1st of February in every year, and exhibited in the office of every court a list of the bailiffs holding certificates for the time being ; and the fact of the subsequent cancellation of any such certificate shall be notified by the registrar on such list and published by him in some local newspaper. 7. Wherever " cancel " occurs in the Distress Rules, 1888, add " or make void." 8. The following form of cancellation shall be used : — Form 3. Cancellation of Certificate. Date. In the County Court of holden at In pursuance of sect, i of the Law of Distress Amend- ment Act, 1895, I hereby cancel and make void the certificate granted to A.B. of , to act as bailiff to levy distress for rent in England and Wales, or (terms of special certificate) save and except as to any distress whereon the said A.B. has distrained and is in possession of the goods. (Signed) Judge. The 29th of November, 1895. 119 TENANTS COMPENSATION ACT, 1890. [53 & 54 VICT. C. 57.] 1. This Act shall be construed as one with the Construction ana i\gricultural Holdings Act, 1883, and the Allotments and Cottage Gardens Compensation for Crops Act, 1887 (in this Act referred to as the principal Acts), and this Act may be cited as the Tenants Compen- sation Act, 1890. 2. Where a person occupies land under a contract [;°antT when '° of tenancy with the mortgagor, whether made before mortgagee in or after the passing of this Act, which is not binding p"""^^^^'""- on the mortgagee of such land, then — (i.) The occupier shall, as against the mortgagee who takes possession, be entitled to any compensation which is, or would but for the mortgagee taking possession be due to the occupier from the mortgagor as respects crops, improvements, tillages, or other matters con- nected \\'ith the land, whether under the principal Acts or the custom of the country, or agreements sanctioned by the principal Acts; Provided that any sum ascertained to be due to the occupier for such compensation or for any costs connected therewith, ma}- be set off against an)- rent or other sum due from him in respect of the land, and recovered as compensation under the principal Acts, but unless so set off shall, as against the mort- gagee, be charged and recovered in accordance I20 Tenants Compensation Act, 1890. 53 & 54 Vict. Qiily With sectioii thirty-oiie of the Agricultural ' Holdings Act, 1883, as if the mortgagee were t. 6i!l. i'tlk). the landlord within the meaning of that section. (2.) Before the mortgagee deprives the occupier of possession of the land otherwise than in accordance with the said contract, he shall give to the occupier six months' notice in writing of his intention so to deprive him, and if he so deprives him compensation shall be due to the occupier for his crops, and for any expenditure upon the land which he has made in the expectation of holding the land for the full term of his contract of tenancy, in so far as any improvement resulting therefrom is not exhausted at the time of his being so deprived, and such compensation shall be determined in like manner as compensation under the principal Acts, and shall be set off, charged, and recovered in manner before provided in this section. This sub-section shall only apply where the said contract is for a tenancy from year to year, or for a term of years not exceed- ing twenty-one, at a rack rent. 51 & 52 Vict 3. Where compensation for improvements com- compensation priscd in Part One or Part Two of the First Schedule v^^feV to the Agricultural Holdings (England) Act, 1883, is s. 3i(«). charged by an order under section thirt}'-one of that Act, the charge shall be a land charge within the meaning of the Land Charges Registration and Searches Act, 1888, and shall be registered accord- ingly. Exception of 4. T\\\s Act shall not apply to provisions for the tithe rent-charge, - . , i 6& 7 Will. IV. payment of tithe rent-charge arising under the Tithe Commutation Act, and subsequent Acts relating thereto. c. 71 Extent of Act. 5. This Act shall not apply to Scotland or Ireland. {a) Ante p. 71. 121 MARKET CARDENEKS' COMPliXSA- TION ACT, 1895. [58 & 59 VICT. C. 27.] 1. This Act may be cited as the Market Gardeners' ^^ZuucllT.'^ Compensation Act, 1895, and shall be read and construed as part of the Agricultural Holdings (England) Act, 1883, herein-after called the principal Act, as amended by the Tenants Compensation Act, 1 890. 2. This Act shall come into operation on the first Commencement day of January one thousand eight hundred and ninety-six, which date is herein-after referred to as the commencement of this Act. 3. Where after the commencement of this Act it is Amendment and 1 I 1 • 1 1 1 1 1 extension of agreed in writing that a holdmg shall be let or treated 46&47 vict. as a market garden, the following provisions shall l^i^provements Uavp f^ffprt • executed in or nave enccr . upon market . . ^ . , . ^ r 1 gardens (a). (i.) The provisions of section thirty-four of the principal Act shall extend to every fixture or building affixed or erected by the tenant to or upon such holding for the purposes of his trade or business of a market gardener. (2.) The improvements numbered (i) "erection or enlargement of buildings," (6) " making of gardens," and (ii) "planting of orchards or fruit bushes," in Part I. of the First Schedule to the principal Act shall, as far as regards such holding, cease to be comprised in the said schedule. (Tnentof 12. In addition to the valuations hereinafter mentioned, compensation by . ' incoming to out- the tenant Will pay to the outgoing tenant any allowances ^^^Ik)^^^' o^ compensation which may be due to him in respect of any of the matters in the second schedule hereto. Cultivation. j^. The tenant shall farm and manage all parts of the i^°J«rf~^"'i^^ f^^"^ ^" ^ good husbandlike manner, keeping and leaving it a////ca<^& /-(J /A^ clean, free from weeds, and in good condition. He shall tan. '^rZyJut'i have at least one-fourth of the arable land in clean summer be varied accord- qj- turnip fallow in every year, and shall also, with the first z«^ to the rota- / i r u i i tion of cropping cxo-\^ oi com after such tallow, sow good clover or grass {if any) intended g^pH c to be enforced.] =<=eub. Rotation of 14. The tenant shall not from any of the lands take crops. more than two white crops under the same course of tillage, nor two successive crops of the same kind of corn, and he shall with one of such white crops lay down the land with clover grass seeds. \_Here will come any special covenatits rendered necessary by the custom of the estate or district in ivhich tlie farm is situated^ To consume hay, jc The tenant shall consume upon the farm all hay, straw and r i 1 1 1 1 rr i manure, &c. straw, foddcr, haulm, chaff, roots, and green crops, grown s. 6 (b.) (/). thereon, and spread thereon all manure (except as herein- after mentioned) arising thereon. He shall not sell or dispose of any part thereof without the landlord's consent in writing. If the same or any part thereof shall be taken and sold under a distress for rent, or an execution for debt, or otherwise, it may be sold, subject to a condition that it shall be consumed upon the farm, and the manure arising from such consumption shall not be removed from the farm. Vouchers and 16. Samples taken from the bulk of all the manufactured artificial manures spread upon the farm shall, in each year, be submitted to and sent to the landlord, and the landlord may at any time call for all proper })roof and evidence of use and application of such manures, and may call for and inspect all bills, vouchers, and receipts, showing the descrip- tion of and outlay upon any of the matters mentioned in (z) Ante p. 90. (li) Ante p. 92. (/) Ante p. 50. samples. Appoidix I. 129 the 2nd Schedule hereto, \or if the Schedule is not used mentioned in the ist Schedule to the Agricultural Holdings Act, 1883]. 17. The tenant shall not mow any meadow or grass land To mow grass , , •' . ° land. except water meadow more than once in any one year, nor shall he mow the same in two successive years without manuring the same before the second mowing to the satisfaction of the landlord. 18. The tenant shall maintain, keep and leave all ditches, Drainsand drains, cesspools, watercourses and outfalls properly cleansed °"'''^"s- and scoured out, and he shall plash and lay the fences in regular succession in the best form and so leave them on cjuitting. When the tenant is to do all drainage. — The tenant shall Drainage by do all new draining required upon the farm at his own cost, s. 4(w). subject to the approval of the landlord or his agent as to the land to be drained and the method of draining, and shall be paid compensation for the outlay incurred in respect thereof [less the cost of labour and haulage, or as the case may be\ at the rate of . This Agreement, etc. as in clause g. 19. Where tenant does all repairs and landlord finds Repairs. materials. — The tenant shall keep all buildings and out- buildings on the farm in a good tenantable condition \or in as good condition as they were in when he entered or may be put into by the landlord] and shall put and keep all fences, walls, gates, posts, arches, bridges and stiles on the farm in good condition and repair. Where landlord does repairs. — The tenant sliall paper, glaze, and whitewash such parts of the farm house and buildings as are now or may hereafter be papered, glazed and whitewashed, and shall maintain and leave all the landlord's fixtures and fittings in the farm house and in and about the farm generallv in good repair and condition, and shall find straw for thatching, and shall do the haulage gratis within a distance of miles from the farm house of all materials for repairs, or for new erections or drainage, or for any improvements upon the farm. 20. The tenant shall not assign or underlet any part of ^°"° ""''"'"• the farm [except cottages and gardens to labourers] without the previous consent in writing of the landlord, and he shall at all times reside upon the farm. (/«) Ante p. 46, clause 9, supra. ISO Appendix I. Proviso for re- entry. 21. If and whenever any part of the rents and other payments before reserved .shall be in arrear for twenty-one days, whether the same shall have been legally demanded or not, and no sufficient distress can be found upon the farm to satisfy such arrears, or if and whenever there shall be a breach by the tenant of any of the conditions and agreements herein contained, or if and whenever the tenant shall become bankrupt or compound with his creditors, or execute any bill of sale or assignment of his effects, or suffer his effects or any part thereof to be taken in execution then and in any of such cases [save as provided by the Convey- ancing and Law of Property Acts, 1881 and 1892], the landlord may re-enter upon any part of the farm in the name of the whole, and thereupon this tenancy shall be absolutely determined, and the tenant shall pay a proportionate part of all rents, tithe rent-charges, rates, taxes, and other outgoings then accruing due for the part of the current quarter up to the date of such determination. Ploughings for incoming tenant Not to turn animals on mowing grass. General valua- tion clause. The Last Year of TenaJicy and Quitting. {For a Lady-Day Tenancy only.) 2 2. The tenant shall, before the ist day of pre- ceding the determination of the tenancy, in a husbandlike manner plough the stubbles for the incoming tenant, for which he shall be paid by valuation. If he shall neglect to do so the landlord or incoming tenant may on or at any time after such day enter and do such acts, and in such case shall have accommodation for a servant and for horses on the farm. 23. The tenant shall not, after the 2nd of February next before the end of his tenancy, turn any animal upon any meadow or grass land in rotation or intended for mowing the following harvest, or after the ist of November upon any land seeded down the preceding spring. 24. In addition to any compensation to which the tenant may be entitled under clause 10 of this agreement, or under the Agricultural Holdings (England) Act, 1883. the land- lord or incoming tenant shall, upon the termination of the tenancy [unless the tenancy is determined under condition 21], if the tenant pays the rents and performs the stipula- tions herein contained, but not otherwise, pay to the tenant the amount (if any) of a valuation to be made by two arbitrators or their umpires, under clause 29 of this agreement. («) See clause 24, infra. Appendix I. 131 The valuation shall include : — \The various payments for clover^ seeds, share of wheat, U7iconsumed hay., strazv, haulm, fodder., chaff, manure, ploughings and preparations, and so on, provided for by the customs of the country. Sometimes, instead of a valuation in Lady-Day takes, there is provision for the outgoing tenant having a room in the farmhouse, and boosy pasture on ivhich his stock may consume the hav and fodder ; and in Michaelmas takes, for the outgoing tc/iant to have barn, granary, ami stack- yard room in which to stack and thresh his last year's crops?[ For a Michaelmas Tenancy only. 25. The tenant shall allow the landlord or incoming Cultivation, tenant to enter upon, cultivate and manure, [here follotv the amoutits of land to be reserved to an incoming tenant on J course, 4 course, and ^ course tillages]. 26. The tenant shall sow, or permit the landlord or To sow grass incoming tenant to sow clover or other proper grass seeds ^^^'^^' with the summer corn, and shall harrow and roll in the same gratis. The tenant shall give the landlord or incoming tenant notice to supply the seeds days previous to the time at which such grass seeds should be sown. If the seeds are not supplied within days, then the tenant shall provide proper seeds, and shall be paid for the same as hereinafter mentioned. The tenant shall not graze or feed young seeds after harvest. 27. After the day of preceding the determination .Accommodation of the tenancy the tenant shall provide for the landlord or tenant."""'"^ incoming tenant accommodation for a servant and for horses on the farm with the joint use of the cartsheds, and stackyard room for corn and hay for such horses, and dry straw fur their litter, and room for implements and for storing and preparing artificial manure. [/-/ere 7vill folhnv general valuation clause {24) as /V/ Gener.-ii vaiua- Z7 7-1 , -\ tioii clause. ady-Day tenancy.] GENERAL CONDITIONS. 28. The landlord may at any time resume possession of ^^^^"^J^^ any part or parts of the farm (provided any such part shall s. 4i(")- not exceed acres) for the purpose of executing thereon any of the improvements mentioned in sect. 41 of the Agricultural Holdings (England) Act, 1883, or in the first Schedule thereto, without any notice whatever to the tenant being necessary. (0) Ante p. 80. 9A I ^2 Appendix J. Arbitration clause. Ss. 7, 10, 23 (/). S. 46 (?). 29. All claims or matters in dispute arising under this agreement and all compensation, allowances, payments, and valuations to which either party may claim to be entitled under this agreement, or under the Agricultural Holdings (England) Act, 1883, or otherwise, and all questions as to the construction of this agreement or as to the perform- ance or observance of any of the conditions herein contained shall be ascertained and settled by a referee in manner provided by the i\gricultural Holdings (England) Act, 1883, but without any appeal in any case to the county court, and the provisions of sects. 7 and 23 of such Act relating to notices and appeals to the county court, and of sect. 10 relating to the appointment of referees and umpires by the county court or the Land Commissioners, shall not apply to this tenancy. All questions relating to the validity of or arising under any distress made under the provisions of this agreement shall be determined by a court of summary jurisdiction as provided by sect. 46 of the Agricultural Holdings (England) Act, 1883. 1ST SCHEDULE. (Names of Fields and Acreage.) 2ND SCHEDULE. Particulars of Outlay. Bones ground to \ in. Lime Peruvian Guano Bone Superphosphate and Turnip Manure . )> )) Good Stable Manure purchased , >> >j Oil Cake, Cotton Cake, or Linseed, &c., &c. . . . Application. To Fallows & Root Crops To Pasture . i To Tillage Land and to \ Pasture . To Fallow and Root Crop I To Fallow and Root Crop To Pasture . I To Tillage Land . To Pasture . } Consumed on the Farm Last Year of Tenancy. ( Amotints of in different tenancy. ) [N.B.— Chalk ing, claying, haulage and ances may a similar Last but one. compensation years of ing, clay burn- and marling, other allow- be included in schedule.] With such variations as may be advisable. (/) Antex,^. 54, 56, 62. (q) Ante p. 88. Appendix I. 133 SECOND PRECEDENT. AGREEMENT FOR A LEASE. Short Form. Note. — This precedent is intended for use when the parties desire at once to reduce into tvriting the terms of a verbal agreemetit tvith the intention of executing a more complete agreement at a future date. The referetices are to the clauses of the first precedent. An Agreement made the day of Clause i. between A.B. of hereinafter called the landlord of the one part and CD. of hereinafter called the tenant of the other part. la. The landlord shall let to the tenant the farm for one year from the day of and so on from year to year at a rent of f[^ per annum, payable quarterly, to be determined by six months' [one year's] notice to quit, expiring at the end of any year of the tenancy. 2a. (Here insert clause 2, supra., if desired.) Clauses. 3a. xAll trees, plantations, mines, minerals, quarries, and Clause 3. game are reserved to the landlord. 4a. (Here insert clause 7, supra, if desired.) Clause;. 5a. The tenant shall keep the premises in as good *-'^"*^^'*^' '9- condition as they were in when he entered, or shall be put into by the landlord, the landlord finding all materials in the rough for repairs {or as the case may be), and shall keep all ditches, drains, watercourses and sewers properly cleansed and scoured out. 6a. The tenant shall pay all rates, taxes, and outgoings cliuscn 11,12. of every description, except landlord's property tax now or hereafter payable in respect of the farm, and shall pay to the outgoing tenant any allowances or compensation which may be due to him in respect of any of the matters mentioned in paragraph 12a of this agreement. 7a. The tenant shall farm according to the custom of the Clauses as to country and the rules of good husbandry. cultivation. 134 Appoidix 1. Clauses 15, 16. Clause 20. Clause 28. Clauses 9, 18. Clauses 10, 24. 2nd Schedule. Clause 29. Clause 21. Sa. The tenant sliiill not sell off the farm any hay, ijtraw, green crops and manure without the landlord's consent, and he shall produce to the landlord on request, samples taken from the bulk of all manufactured artificial manures spread upon the farm. 9a. The tenant shall not assign or underlet any part of the farm. loa. No notice under clause 41 of the Agricultural Holdings (England) Act shall be necessary for resumption of possession. iia. The landlord shall do all new drainage, and the tenant shall pay a rent of ^ per annum on the outlay \or the tenant shall do all new drainage subject to the approval of the landlord, and shall be paid for his outlay at the rate of ]. This agreement shall be in substi- tution for the provisions of section 4 of the Agricultural Holdings (England) Act, 1883. 12a. On the termination of the tenancy the tenant shall be paid by valuation for \)natters set out in clause 24 supra]. The tenant shall also on quitting be paid allowances in respect of the following matters, namely : \_t/ie matters in the 2)id sdiedule to form I supra p. ]. Such allowances shall be in substitution \_etc. as in clause 10 supra\ 13a. All such allowances and valuations, and all claims and disputes arising under this agreement shall be ascer- tained and settled by a reference in manner provided by the Agricultural Holdings (England) Act, 1883, but the provisions of sects. 7, 10, and 23 of that Act relating to notices, appointment of referees and umpire and appeals shall not apply to this tenancy. Any questions relating to distress shall be decided by a court of summary juris- diction as provided by sect. 46 of that Act. 14a. If any rent is in arrear for twenty-one days, and there is no sufficient distress upon the farm, or if the tenant becomes bankrupt, or compounds with his creditors, or executes a bill of sale, or an assignment of his effects, or suffers his effects to be taken in execution, the landlord may re-enter. 15a. The tenant will at once \()r when required] execute an agreement embodying the terms of this agreement and all usual covenants and conditions. Appendix /I. 135 APPENDIX 11. Notices to Quit, and Miscellaneous Forms. (2.) Sir, the day of 18 grtareHS'- I hereby [as agent for A.B. and on his behalf] give you notice to cjuit [(>r that I intend to quit] and dehver up possession of the \^particulars of premises\ premises on the day of next, at the end of such year of your [my tenancy as will expire next after one year [c?r one half year from the service of this notice. To the tenant, or landlord, Landlord or tetiant. or his agent. the day of 18 ^^;3Xi'rnot" We [^landlord or his agent^ and [tenant or his agent] hereby apply U). agree that the provisions of sect. 33 of the Agricultural Holdings (England) Act, 1883, shall not apply to any contract of tenancy now existing [or which may hereafter exist] between us in respect of [particulars of premises]. Landlord or agefit. Tenant or agent. ^4-) . . . S'R. ^ . the day of 18 p^^rof-S, In accordance with sect. 41 of the Agricultural umiers. 41 (/). Holdings (England) Act, 1883, I hereby give you notice to quit and deliver up possession of [particulars of premises such as, 2 acres i rood being that part of a field called Lower Leys which is next to the field called Upper Leys, part of a farm now in your possession called ] at the end of such year [etc., as in No. 2 supra], as I desire to resume possession thereof for the purpose of executing thereon the following imjjrovements namely [set them out]. To tenant. Landlord or agent. (5-) Sir, the day of 18 .^.Xt^.T I hereby give you notice that I accejit your notice to '«"^' (')• me of the day of , 18 , requiring me to quit (r) Ante pp. 73, 94. (j) Ante p. 73. (J) Ante p. So, clauses 28 and loa. Appendix I., suj/ra. 136 Appendix II. \particulars of premises, folloiving landlord's notice to quit\ as notice to quit the entire holding of which such premises form part, to take effect at the expiration of the now current year of my tenancy, and I intend to quit the same accordingly ; and I give you notice \liere may follow notice of intention to claim compensation., nnder Form 11]. To landlord or agent. Tenant. APPENDIX III, Consent to tenant executing improvement or to improvement already executed in the first part of the schedule. S. 3 («)■ Forms under the Compensation Clauses. (6.) Sir, the day of 18 I give my consent to your executing the following improvement [or, I consent and approve of the improve- ment executed by you in the year 18 ] namely [here specify the inproveme?it'\ upon your holding the [name of the farm], subject to the following condition, that is to say [here insert conditions, such as limitation as to cost, compensation, carriage and quality of material, set off to landlord, and so 01l\. To tenant. Landlord or agent. (7-) Clause in agree- ment dispensing with notice under. S. 4 W. Notices by tenant of inten- tion to drain holding. S. 4 W. [See supra. Appendix I., clauses 9, 18, iia.] (8.) Sir, the day of 18 I give you notice that I intend to drain the following parts of my holding the [_name of the farm] namely [set out the acreage and situation of the part to be draified, the quality of the soil, the size of the pipes and depth, and distance apart of drain. For instance — "the lower part of the field called Big Meadow, being about 4 acres 3 roods of clay soil to be drained with 2. I inch pipes; the drains to be eight yards apart, three fee't six inches deep, and to be discharged into the ditch at the south boundary by a main drain laid with four inch pipe." If a rough plan can be added to the notice it ivould be better i\ To landlord or agent. Te?ia?it. (»<) Atite p. 46. (x) Ante p. 46. execute improve- ment. Appendix 111. 137 (9-) Sir, the day of 18 Nonce by laml- ' •' lord that he I trive vou notice that I intend myself to undertake intends to under- ~ . ■' . , . , r take draining. the execution of any necessary drainage on that part ot .s. 4 (.t). your holding mentioned in your notice to me of the day of , and I shall charge you with jQe^ per cent, per annum on the outlay incurred in executing the same [or such a sum as will repay me the outlay in 25 years with interest thereon at ^3 per cent.] To tenant. Landlord. And see Appendix /., clauses g and 18. (10.) Sir, the day of 18 Notice by tenant . under s. 59 of I give you notice that I mtend forthwith to execute intention to the following improvements upon my holding the " "' farm. [Specify them ivith dates and particulars as in No. ii s. 59 (:>'). infra?\ To landlord or agent. Tenant. (II.) Sir the day of 18 Notice by tenant _ . of his claim for I hereby give you notice that 1 intend to claim and compensation, do claim [Note. — Apparently no further clai/n need be made '''^^'' but the parties go at once to reference'] the sum of ^^ as compensation in respect of the unexhausted value of the fcjllowing improvements executed by me upon my holding the farm [specify them with the dates, and " as far as possible" the particulars of the intetided claijn as for instance — Laying down the ten acres field (11 acres 3 roods) to permanent pasture in 1884. Draining 4 acres 3 roods of Big Meadow in 1S84. Five tons of superphosphate applied to Upper Slench Field for turnips, in the year 18 ; and so on.] To landlord or agent. Tenant. (12.) Sir, the day of 18 Counter notice of . ... r claim for com- I hereby give you notice that in consequence 01 pensation by your notice of the day of 18 [No. 11 supray^'^f°^f■ l intend to claim and do claim the sum of jQ as Cx) Ante p. 46. (y) .hi if p. 93. (2) A/ih- p. 52. 138 Appendix TIL compensation in respect of the following matters connected with your contract of tenancy or your holding, namely : — s. 6 (ra. Appendix fl J. 1 39 J^ fur compensation due to him fri. 58. if) Ante p. 56. (>«) Anfi- p. 56. (;;) Ante p. 57. 14- Appendix III. Appointment of umpire or fresh umpire by referees. S.p. Sul)-s. 7 (<)). Notice to umpire of the reference to him. S. i8(/). (27-) the clay of i8 We E.F. of \addrcss and OLCiipatio)i\ and G.H. of \address and occupation\ referees on behalf of A.B. and CD. respectively appointed to assess \etc., as in form i8\ do hereby appoint L.AI. umpire [in the place of CD. etc., as ill form //], in respect of the matters so referred to us. Signed bv both referees. (28.) Sir. the day of i8 I \or we] hereby give you notice that I \or we, or A.B. and CD., referees duly appointed] cannot agree in making an award in the matter of [etc., as in form ig\ and you as umpire can proceed to consider the matters referred to them. Signed by either, or both parties., or To U7npire. either., or both referees. Notice to pro- ceed with reference in absence of parties. S. 14 ('/). Notice to pro- duce by referees or umpire. S. .3('). (29-) Sir, the day of i8 [In the matter of the Agricultural Holdings (England) Act, 1883, and of a reference between yourself and A.B. relative to a holding named ] I [we] shall consider or shall continue to consider] the matters referred to me us] at o'clock in the noon, on the day of 18 , at [specify place\ and if either party be absent I [we] shall proceed with the same in their absence. To either party. Signed (30.) Sir, the day of 18 [In the matter of the Agricultural Holdings (England) Act, 1883, and of a reference between yourself and A.B., relative to a holding named J. 'J'ake notice, that I [we] require you to produce at o'clock in the noon, on the day of 18 , at \specify place\ for my [our] inspection the following documents, vouchers, and samples namely \set them out as : — all receipts, vouchers, letters, and other documents in your possession relating to the holding, or a letter from CD. to E.F., dated the 7th day of February, 1884, or a memorandum of agreement, etc., with date and (o) Ante p. 56. (/) Ante p. 59. (f/) Ante p. 58. (r) Ant,: p. 57. Appendix 111. 143 parties^ or the plans and specifications for the erection of /yi/i/difii:;s, or drai/iai^e, or a receipt for, or a sample from the hulk of 40 tons of Peruvian guano put by you upon the fields in the year 18 atid so 0/7]. To Referee, or referees, or umpire. (3I-) To all to whom these presents shall come we A.B. of f'ormofawar \address and description^ and CD. of [or if ifiade />y a '^o'.lVis)! ^'^' single 7-eferee 0/ umpire, I A.B. of send greeting. Whereas E.F. of claims compensation from G.H. of under the provisions of the Agricultural Holdings (England) Act, 1883, in respect of the following matters and things, namely : — \set out the matters referred to in the words of the appointment of the referee, form ij\. And whereas the said G.H. claims from the said E.F. like compensation in respect of the following matters and things, namely: — [set out items of counterclaim, as above] \or Whereas the said E.F. and G.H. are unable to agree as to the value of a [fixture or buiiding] which the said E.F. has erected upon his holding the form]. And whereas [here set out all the ci?ru?nsta?ices relating to the appointment of a referee or umpire ; if award made l>v single referee the said E.F. and G.H. have jointly appointed me sole referee, and have referred all the said matters and things to my decision and award, if award made by two referees the said E.F. and G.H. have respectively appointed us the said A.B. and CD. referees on their behalf, and have referred, etc. ; if award tnade by an umpire or ly referees or umpire appointed by the county court or Land Commissioners or /// the place of a deceased or incapable referee or of one failing to act, or if time has been extended, etc., state the facts\ Now these presents witness that we [I] the said do hereby order and award as follows : — The said E.F. is entitled to compensation from the said ^- '^O- G.H. in the sums and in respect of the matters following [set them out as for instance : — The unexhausted value of a barn built by the said E.F, giving particulars of size, material, and so on, in August, 18 \ £ {$) .Ante pp. 58-61. {/) Ante p. 60. 144 Appendix III. The unexhausted value of the drainage done by the said E.F. in the Bank Field, givins^ particulars, in March, 18 £ The unexhausted value of forty tons of lime laid upon the Home Field, containing acres, in February, 18 . jQ — and so onP\ The said E.F. is not entitled to any compensation from the said G.H. in respect of the matters following [scf them out as above]. The said G.H. is entitled to compensati(jn from the said E.F. in the sums and in respect of the matters following [set t twill out, as for instance : — Seventeen acres of arable land called the Lower Slench and the Lark Leys left in foul condition from twitch and other noxious weeds contrary to covenant. ^ chains of ditches, watercourses and drains, in the fields called, naming them, silted up and blocked. ^ Dilapidations in respect of a cow-house and two barns left wholly out of repair, particulars, jQ — and so on.] Value of fixture. \^Q,. the valuc of the Said engine erected by the said E.F. in October, 18 , is ;^ .] And we [I] further award that the value of the said improvements will be exhausted as follows : — [Set them out, as for instance — The barn built by the said E.F. as aforesaid in the year 18 , etc., etc.] Ss. 20, 21 (k). And we [I] further award and direct that all costs of and attending tliis reference and award shall be paid bv the said to the said And we [I] further award that the said pay to the .said the sum of ;£ being the balance due from him in respect of such claims for compensation and costs within six weeks from the date of this award, namely, on the day of 18 . In witness whereof we [I] have set our [my] hand[s] this day of 18 . Referee, referees or umpire. (u) .Ante p. 61, Appendix IV. 145 APPENDIX IV. County Court Forms. (32.) [For forms of summons on appHcation for appointment ^County Court referee or mnpire, see County Court Rules, i88g, Order XL., appiSnfor Form JI2\ (x).^ appointment of v ' J referee or I appoint F.F referee on behalf of CD. in the above Appointment [by matters, or I appoint F.F umpire to decide the above ^"^"^^^^^"j^^^"" matters in question between A.B. and C.F>. [state // ^^v referee or ^<'«^^'^^]- rrsub-s. 6. The day of 18 Judge or Registrar. S'- ^°' " <>•)• (34.) Heading as in For in 312 k {x), and proceed as in that Summons to form zvith the variations "for an order to api)oint a guardian appo"ua°"'' "^ [or a next friend] for the purposes of the Act to A.B. an guardian of infant [or a person of unsound mind not so found, or a mfant orof**" married woman! unsound mind, -I or next friend of Dated, etc., as in Form 312 a {x). Registrar. t^t^an'^*^ Ss. 25, 26 (z). (35-) Heading as in Form 312 \ {x), and proceed as in that fortn Summons to zvith the variations, " an application on the part of F.F. [the S'lend'tfr^e for" umpire or as the case may be'\ for an order to enlarge the makins award, time limited for the said F.F. to make his award until ^' '^ ^"^^ the day of 18 . Dated, etc., as in Form 312 x{x). Registrar. (jr) Ante p. 105. Cc) Ante pp. 55-57. See also County Court Rules, 1S89, Order XL., rule 7A(9) ante p. 102. («) Ante pp. 65, 66. (a) Ante p. 59. 10 146 Appendix IV. (36.) Heading as in Foi-m 312 \ (an). Order by regis- Upoii heating the parties concerned [or the sohcitors for Courfw""'^' the parties concerned] I appoint J^.K guardian [or next appoi'i^ing^^ friend] of the said C.B., or, I order that the time Umited nextfHe"nd'or(2)for thc Said £.J^. to make his award be enlarged until Z'^t' the day of 18 . sr:8;.5.^6(^). Dated the day of 18 . J^egisfrar. Concise state- ment in writing of grounds of appeal. S. 23(c). (37-) In the County Court of holden at The Agricultural Holdings (England) Act, 1883. Between A.B. Appellant, and CD. Respondent. I A.B. desire to appeal from the award made by E.K dated the day of 18 sent herewith, and the grounds of my appeal are as follows, viz. : — [Set them out, e.g. — [I/ere set out particulars to comply with Order XL., Rule 2, of the County Court Rules, i88g\d)?\ Dated the day of 1 8 . The appellant or his solicitor. Notice to a respondent to comply with 3, 4, and Form 3iia(4 (38.) Heading as in Form jy. [The Registrar sliall send a copy of the particulars in form jy, supra, to every respondent?\ Take notice, that you are required within eight days of the delivery of this notice to you, to file in court a state- ?'^^''^a^H^i.'Sm^^ ment, signed by you or your solicitor, in reply to the grounds of appeal sent herewith, and that your statement must disclose the following matters : (i.) Whether you dispute the validity in law of all or any, and which of the grounds of objection to the award : (2.) Whether you dispute the truth in fact of all or any, and which of the grounds of appeal : (act) Ante p. 105. \b) Ante pp. 59, 65, 66. (c) Ante p. 62. (d) Ante p. 100. («) Ante pp. loi, 104. Appendix IV. 147 (3.) Whether you admit the validity in law and truth in fact of all or any, and which of the grounds of appeal : (4.) Whether you pray that the case may be remitted to be re-heard : (5) Your name and address, and that of your solicitor, if the statement be delivered through a solicitor. Dated this day of 18 . Registrar of the Coiirt. To the above-named respondent. (38-^.) Heading as in Form jy. 1. I dispute the validity in law of the first ground of Statement of objection to the award. ~ ':^:u:lZ^^y 2. I dispute the truth in fact of the second ground of R^l^g^"^' ^'^•' appeal. 3. I do not admit the validity in law and truth in fact, etc. 4. I do not pray that the case may be remitted to be re-heard, and so on. 5. My name and address is , and the name of my solicitor is The day of 18 . Signed To tiie Registrar of t/ie Court. (39-) In the County Court of holden at In the matter of " The County Courts Act, 1888," and 9^^^^ °" ^'pp^^' •' in County Court. In the matter of " The Agricultural Holdings s. 23 (g). (England) Act, 1883," and In the matter of an appeal by A.B. the day of 18 . Upon the hearing this day of an appeal by [fiame and description of appei/ant\ iiga.m?,i an award dated [^state date\ given under the hand of [referee's /ia>ne\ whereby [state shortly the substance of the award], and on reading the said award, and on hearing the said A.B. and CD. the respondent. It is ordered that [state order, e.g., the said CD. do, within fourteen days of the date of this order, pay to the C/) AttU p. 101. (g-) Ante p. 62. See also County Court Rules, 1889, Order XL., Form 312, afitt: p. 104. 10 A 148 Appendix IV. said A.B. the sum of £ , and £ for costs, and in default of such payments, at the time aforesaid, the said A.B. may proceed to execution]. (40.) Heading as in Form 312 k (gg). The Humble Petition of the said A.B. Petition for QKp,vpt-Vi charge of holding one\\ern with moneys paid JJ-'/iere landlord is petitioner — Your petitioner is entitled for compensa- -^ /- / j tion. [for his life, etc., or state whether as trustee oj settlement, Ss. 29-32 {It). charity trustee, mortgagee in possession, ificumbent, owner in fee, or as the case may be'] to the rents and profits of a certain agricultural holding called situate at in the county of and containing acres, or thereabouts [state whether agricultural or pastoral, etc.], as landlord thereof, and C.£>. occupied the same up to the day of last past, as tenant thereof, from year to year [or as the case may be]. Where teiiant is petitiotier — Your petititioner occupied a certain agricultural \-\o\dAng [etc., leaviitg out the words "as landlord thereof, and CD. occupied the same "]. CD. is the landlord of the said holding. 2. On [the said CD. quitting the said holding, at the determination of his tenancy, the said CD. [your petitioner] claimed to receive from your petitioner [the said CD. the sum of £ in respect of [state claini]. 3. Your petitioner [the said C.D?\ claimed to receive from the said CD. [your petitioner] the sum of £ in respect of [state counterclaim]. 4. All proper notices were given and proceedings taken under the provisions of the Agricultural Holdings (England) Act, 1883, and E.F. was duly appointed sole referee [or state agreement between parties or as the case may be] to decide and award upon the matters in difference between your petitioner and the said CD. 5. The said E.F., by his award given under his hand the day of 18 , awarded and o\di&xt^[set out so much of the award as is necessary]. 6. UHiere landlord is petitioner — In accordance with the said award your petitioner has paid to the said CD. the sum of £ for compensation [or for balance of com- pensation or for costs or otherwise]. (A) Ante pp. 67-73. Appendix IV. 149 Where trustee is petitioner omit this clause. Where tenant is petitioner and landlord is trustee omit the clause and insert the follotving: — The said CD. has neglected and failed to pay your petitioner the amount due to him under the said award \or order or agreement^ Your petititioner therefore prays : — ■ 1. JFhere landlord is petitioner — For an order that the said holding [specify premises'] do stand charged with the repayment to your petitioner, his executors, administrators and assigns of the sum of ;£ paid by him to the said CD. as aforesaid, in such instal- ments and with such interest and with such power of sale and other directions for giving effect to the charge as the court may think fit. Where trustee is petitioner omit the ivords — paid by him to the said CD. as aforesaid. Where tenant is petitioner omit these words and insert after the words "the sum of £, " — and all costs properly incurred in obtaining the charge, or in raising the amount due thereunder. 2. Such further or other relief as the nature of the case may require. Note. — It is intended that this petition shall be served on \_necessa7'y parties]. APPENDIX V. Forms under Distres.s Clauses. (41.) In the \county of . Pettv Sessional Division of ]. Order for the ' ..... restoration of Before the Court of Summary Jurisdiction sitting at . .1 chattel, 4c. The day of 18 . '•'''^'^• A.B. having made a complaint that CD. (hereinafter (Summ.jurisd. called the defendant) on the day of at [state the ^"' '^^e. s. 34.) facts entitling the complainant to the order], and the defen- dant having appeared [or the defendant not having appeared, (i) Anfe p. 88. 150 Appendix V. but proof having been given that the defendant was duly summoned to appear], and on hearing the matter of the complaint, it is this day adjudged and ordered by this court that the defendant do \state the tnatter i-equired to be done ivith conditions as to time or mode of action ittiposed by the coiirt\ And if on a copy of a minute of this order being served on the defendant, either personally or by leaving it for him at his last or usual abode, he neglects or refuses to obey this order, then it is adjudged that the defendant for such his disobedience be imprisoned in Her Majesty's prison at for the space of \tiot exceeding two months\ or until he has remedied his default. \_0r forfeit and pay to the clerk of this court {or otiier the person to ivhom paymetit is to be made) at the sum of {a?nount of fine not exceeding ^i for every day, and not exceediftg in the aggregate ^20) for every day in which he shall be in default in obeying the said order.] Aftd it is also adjudged and ordered that the defendant pay to the complainant the sum of for costs forthwith \or on the day of or by instalments, etc.]. And if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods. {Signed) of Her Majesty's Justices of the Peace ^ ^ for the [county] of (42.) Notice of appeal To A.B of [address and description^ Sessions against I CD. of [address and description\ hereby give you notice unde'i-°s?X(/tr ^'^^^ ^ intend to appeal to the next general \_or quarter] sessions of the peace to be holden at in and for the [county or borough] of against an order made upon or about the day of , by G.H. and L.AI. of Her Majesty's justices of the peace for the said [county or borough] of whereby it was ordered \sef out flrdcr\ And I give you notice that my grounds of appeal are [set out grounds for appeal\ The day of . {Signed) {k) Ante p. 88, 151 INDEX AGREEMENT, compensation due under, 2, 8, il, 12, 13, 25, 46, 47, 54, 55, 1 38. for "fair and reasonable coiiipensalion," 8, li, 12, 48, 49. referee to award compensatitjn under, 12, 59. depriving tenant of compensation, avoidance of, 13, 91. inconsistent with Agricultural Holdings Act, avoidance of, 91, 92- to do drainage, 20, 127, 129. as to amount of compensation or value of fixture, 27, 54. for a lease, form of, 1 25- 134. that sect. 33 shall not apply, 73, I35- clause in, dispensing with notice under sect. 4, 136. AGRICULTURAL HOLDING, to which Act applies, 1,91. when treated as market garden, I, 121. when Act does not apply to, I, 91. what notice to quit necessary, 2, 3, 42, 73, 74, 81, 135. writing necessary to exclude notice to quit, 3, 73, 135. resumption of possession by landlord for improvements, 3, 80, 81. reduction in rent in case of resumption of possession by landlord, 4, 81. compensation in case of resumption of possession by landlord, 3, 81. removal by tenant of fixtures, 4, 75, 139. limit to right of distress by landlord, 5, 6, 84. set-off by landlord of rent in arrear, 6, 49, 50, 54. to what improvements Agricultural Holdings Act applies, 7, 8, 41. when right to compensation arises, 8, 9, 41. compensation on change of tenancy, 9, 93. cost of drainage a charge on, lO, 20, 67. improvements requiring consent of landlord, 9. 46, 98. improvements not re(|uiring consent of landlord, 10, il, 99- improvements of, when let as market garden, li, 121, 122. agreement for compensation, 8, il. 12, 13, 25, 46-49, 54, 55, 59'- 'j^- avoidance of agreement depriving tenant of compensation, 13, 91, 92. when yearly tenant not entitled to compensation, 14, 15. 93. when lessee is not entitled to compensation, 14, 15, 93. notice to be given by tenant of claim for compensation, 15, 16, 25, 26, 49, 52, 137- addition to claim for compensation by tenant, 15, 50. when compensation charge on, 17, 18, 35, 36. 67-72. notice by landlord of set-off to compensation, 26, 50, 52, 137. inherent cajiabililies of soil of, 41, 44. tenant of, holding over by custom, 52, 53. when executor of landlord entitled to charge on, 69, 70. 152 INDEX. AGRICULTURAL HOLDING— ((W///««^ 55> 138- notice by tenant to, of intended improvement, when necessary, 46, 47, 137- when improvement may be done by, 47. award to, in excess of award to tenant, 51, 64, 65. notice by, to tenant, of counterclaim, 52, 137, 138. executors of, when entitled to charge on holding, 69, 70, 96. when consent of Ecclesiastical Commissioners necessary to exercise of powers by, 79, 80. consent necessary when, incumbent of ecclesiastical benefice, 80. when consent of Charity Commissioners necessary to exercise of powers by, 80. set-off by tenant of compensation against rent due to, 90. consent of, to incoming tenant paying compensation to outgoing, 92, 138. defined, 95, 96. form of consent of, to improvement, 136. LEASE, Agricultural Holdings applies to, i, 94. of trust and charity lands, 9, 83. form of agreement for, 125-132. short form of agreement for, 133, 134. LESSEE, when not entitled to compensation, 14, 15, 93. bankruptcy of, 43. LIMING, of land, 99. LIVE STOCK, when privileged from distress, 6, 85, 86. dispute as to ownership of, how settled, 37-40, 88, 89. defined, 95. M MACHINERY, when privileged from distress, 6, 85-87. MANURE, clauses in agreement relating to, 21, 12S, 134. deduction from compensation for, 50. defined, 95. application to land of purchased, 99. II l62 INDEX. MARKET GARDEN, when holding treated as, i, 121. provisions of Agricultural Holdings Act, as to fixtures apply to, 4, 5, 121, 122. improvements to holding treated as, 11, 1 21-123. application of Market Gardeners' Compensation Act, 1895, to current tenancies, 122, 123. definition of, 124. MARLING, of land, 99. MARRIED WOMAN, appointment of next friend of, 24, 66. when concurrence of husband necessary, 66. MORTGAGEE, rights of, where holding charged, 70, 71. in possession, compensation to tenant when, 44, 119, 120. N NEXT FRIEND, appointment of, of married woman, 24, 66, 145, 146. NOTICE, to quit, what necessary, 2, 3, 42, 73, 74, 81. writing necessary to exclude statutory, 3, 73, 135. three months', may be yearly tenancy, 3, 74, 123. Act does not apply where tenant bankrupt, etc., 3, 73. where landlord resumes possession for improvements, 3 4. 81, 135. improvements after, 16, 93. form of, 135. by tenant of intention to remove fixtures, 4, 5, 26, 27, 175, 139. of intention to do drainage, 10, 46, 47, 136. of claim for compensation, 15, 16, 25, 26, 49, 52, 137. of intention to do improvements, 46, 47, 137. under section 41, 135. by landlord, of set-off, 17, 26, 52, 137, 138. of intention to purchase fixture, 27, 75, 139. that he intends to do drainage, 10, 46, 47, 137. service of, under Agricultural Holdings Act, 24, 25, 66, 67. when must be in writing, under Agricultural Holdings Act, 25. failure to give, of compensation, 52. of claim for compensation where two or more terms, 53. where compensation based on Agricultural Holdings Act, 1875, 53, 54, 97- of appointment of referee or umpire must be in writing, 56, 139, 140. form of, to a respondent to appeal, 104. to referee requiring him to act within seven days, 140. to umpire of reference to him, 59, 142. by referee or umpire to proceed in absence of parties, 58, 142. to produce by referee or umpire, 57, 142. of appeal to Quarter Sessions from justices, 150. to respondent to appeal to comply with Order XL., rules 3 and 4, 146, 147. INDEX. 163 ORCHARDS, planting of, 98. ORDER, enforcement of, of County Cy, 32, 141. must sign award, 33, 58. when, may proceed in absence of party, 58, 142. cannot award costs between solicitor and client, 61. form of notice of appointment of, 139, 140. notice to, requiring him to act within seven days, 140. request to appoint umpire, 56, 141. appointment of umpire by, 56, 142. REFERENCE. See Arbitration. REGISTRAR, when, may appoint referee or umpire, 30, 57, 103. to tax costs of reference, 32, 61. extension of time for award by, ^^, 58, 141. to send copy of grounds of appeal to respondent, loi. RENT, reduction in, when landlord resumes possession for improvements, 4, 81. distress for, limits of, 5, 6, 84-86. in arrear, set-off by landlord, 6, 14, 49, 50. when improvement not to be taken into account in estimating, 83. due more than year previous to distress, when it can be distrained for, in arrear, set-olT by tenant of compensation against, 90. fees and charges in case of distress for, 11 4- 117. REPEAL, of Acts by Agricultural Holdings Act, 1883, 96. INDEX. 165 REPLEVY', time for, 6, 7, 108. RESPONDENT, registrar to send copy of grounds of appeal to, loi. to deliver statement in reply, loi, 147. notice to, on appeal, 104, 146, 147. REVOCATION, of submission to reference, 28, 57, 140. ROADS, making of, 98. RULES, for regulating distress, no, 113-118. SERVICE, of notices under Agricultural Holdings Act, 24, 25, 66, 67. SET-OFF, by landlord against claim by tenant, 6, 14, 17, 26, 49, 50, 52, 54. no right to, where creditor becomes delitor to bankrupt's estate, 43. by tenant of compensation against rent due, 90. SILOS, formation of, 98. SLUICES, making of, 98. SOLICITOR, costs as between, and client cannot be awarded by referee or umpire, 61. SUBMISSION, revocation of, 28, 57, 140. SUMMARY JURISDICTION, disputes under distress clauses may be settled by, 37-40, 88, 89. power of justices of Ccnirt of, 39, 40. disobedience to order of Court of, 39, 40. order for restoration of a chattel by Court of, 149. SUMMONS, form of, on application for appointment of referee or umpire by County Court, 105, 145. form of, to County Court to appoint guardian or next friend. 145. 146. to County Court to extend time for making award, 145. 146. SURRENDER, determination of tenancy by, 42. rights of under-lessee on. 42, 43. 1 66 INDEX. TAXATION, of costs, 32, 61. TAXES, set-off" by landlord against claim for compensation, 14, 50. TENANCY, Agricultural Holdings Act applies to yearly, i, 91. with three months' notice to quit may be a yearly, 3, 1 23. compensation on change of, 9, 93. right of tenant to compensation on determination of, 41. how determined, 42, 43. current at commencement of Agricultural Holdings Act, 1883, 48. contract of, meaning of, 94 determination of, defined, 95. Market Gardeners' Compensation Act applies to current, 122, 123. TENANT, general right to compensation, 8, 9, 41. Act does not apply when in office or employment of landlord, i, 91. power to exclude statutory notice to quit, 3, 73. notice to quit where bankrupt, etc., 3, J^. where landlord resumes possession for improvements, 3, 4, 81, 135- compensation to, where landlord resumes possession for improvements, 4, 80, Si. removal of fixtures by, 4, 5, 75, 76. notice by, of intention to remove fixtures, 4, 26, 27, 75, 139. may require appraisement in case of distress, 6, 7, 107. time for replevy by, 6, 7, 108. must give notice to landlord of intention to do drainage, 10, 46, 47, 136 when, may do drainage, 10, 46, 47. may agree with landlord for compensation, 8, 1 1, 46, 48, 49, 54, 55, 138. appeal by, to County Court, 13, 34, 62. avoidance of agreement depriving, of compensation, 13, 91, 92. set-off by landlord against claim for compensation by, 14. 17, 26, 52, 54- yearly, when not entitled to compensation, 14, 15, 93. notices to be given by, of claim for compensation, 15, 16, 25, 26, 49, .52,137. addition to claim for compensation by, 15, 50. when charge on holding may be obtained by, 18, 35, 71, 72. improvements by, after notice to quit, 16, 93. compensation payable by incoming, 20, 92. notice to, by landlord of intention to purchase fixture, 27, 75, 76. compensation to, when mortgagee in pi^ssession, 44, 119, 120. notice to landlord of intended improvement, when necessary, 46, 47, 137- award to landlord in excess of award to, 51, 64, 65. holding over by custom, 52, 53. reduction of rent payable by, when landlord resumes possession for improvements, 81. live-stock on holding of, when privileged from distress, 85, 86. remedy of, in case ot wrongful distress, 37-40, 88-90. INDEX. 167 TENANT— (coftiinned). set-off by, of compensation against rent due, 90. right of incoming, to compensation paid by him with consent of landlord, 92. 138. compensation payable to, when not entitled under Agricultural Holdings Act, 92, 93. defined, 95. improvements by, to market garden, 121 -124. TIME, for delivery of award by referee or umpire. 32, 33, 58, 59, 141. extended by registrar, ^;^, 59, 145, 146. to appeal from award, 34, 62. length of notice to quit, 73, 74 TITHES, set-off by landlord against claim for compensation, 14, 50, 51. TRUST lands, leases of, 9, 83. TRUSTEE, charge on holding when landlord, 35, 36, 71, 72. in bankruptcy cannot claim compensation, 43. u UMPIRE, appointment of, 28-30, 55-57, 102, 105, 141, 142, 145. death of, or failure to act, 29, 56. failure of parties to appoint, 29, 30, 55, 56. power to call for evidence, 31, 57, 58, 142. remuneration of, 32, 61. time for delivery of award by^ 32, 33, 59. must sign award, 33, 58. when may proceed in absence of party, 58. may award compensation under agreement, 59. cannot award costs between solicitor and client, 61. appeal from, 13, 34, 62. request to referee to appoint, 56, 141. notice of dissent from appointment of, by County Court, 56, 141. notice to, of reference to him, 59, 142. UNDER-LESSEE, where landlord, extent of charge on holding, 36, 71. rights of, on surrender, 42, 43. UNSOUND MIND, appointment of guardian to person of, 24, 65, 66, 145, 146. w WASTE, set-off by landlord against claim for compensation. 14, 17, 49, 50, 52. what is, 51. land, reclaiming of, 98. l68 INDEX. WATER, making supply for agricultural or domestic purposes, 98. WRITING, necessary if holding to be treated as market garden, i, 121. necessary to exclude notice to quit required by Act, 3, "j;^. when notices under Agricultural Holdings Act must be in. 25. award must be in, 33, 58. notice of appointment of referee or umpire must be in, 56. WRONGFUL, distress, remedy for, 88-90, iii, 112. evidence in case of, distress, 112. Y YEARLY, tenancy. Act applies to, I, 94. with three months' notice to quit, 3, 96. tenant, when not entitled to compensation, 14, 15, 93. 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BANKING ALMANAC, DIRECTOR"!, AND DIARY.— A Year Book of Statistics and complete Banking Directory, The Edition for 1898 is the .'51th year of publication of this invaluable book, which has long been patronized by the Bank of England and the Private and Joint Stock Banks throughout the Kingdom. In cloth, 12s. Gd. net. BANKRUPTCY ACTS, 1883 TO 1890, with the General Rules, Forms, Scales of Costs, Fees and Percentages, Board of Trade and Court Orders, Debtors Act, 18G9, Deeds of Arrangement Act, 1887, Rules as to Administration Orders, &c., and a Commentary thereon. By His Honour Judge Chalmers and E. Hough, Inspector in Bankruptcy, Board of Trade. Fourth Edition, revised to October, 1896. By M. IMuiR Mackenzie, Barrister-at-Law, and E. Hough. In cloth, 2.5s. BILLS OF EXCHANGE ACT, 1882.— An Act to Codify the Law relating to Bills of Exchange, Cheques, and Promissory Notes. With Comments and Explanatory Notes. By His Honour Judge Chalmers. Eighth Edition. In cloth, 3r. fid. 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