w.w.\.\wv«sx\\w« 00] N Settlf I. 2. 3- 4- 5- 6. 7- 8. 9- lO. II. 12. 13- 14. 15- 16. 17- 18. 19. 20. 21. 2Ifl!. 22. 23- 24. 25- 26. 27. 8. 18. 19. 22. THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES & FOEMS, \ 1881, FT PAPER e, Barrister-at- I . . each ) years Immon iortgagor not each rtgagor leeholds to a . . each r^holds by . . each iple. not being a . . each e Mortgagor each c Do. do. Freeholds .. .. .. .. ,, Appointment of a new Trustee in place of one who retires „ Deed discharging one of three (or more) Trustees, and vesting the Trust Property in the two (or more) continuing Trustees . . . . . . . . . . . . . . each Acknowledgment of right to production of Documents of Title . . . . . . . . . . . . . . each Power of Attorney of a Married Woman to execute a Deed . . . . . . . . . . . . . . each Power of Attorney for a Solicitor to execute a Deed of Conveyance on a Sale . . . . . . , . . . each Statutory Declaration by Attesting Witness Law. 5. d. o 6 o o I I o 6 6 6 o o o o o o 8 o 9 6 9 6 4 o o o 6 9 6 6 o 9 o 8 o 6 o 6 o 6 o 3 OLD FORMS. Conveyance in Fee , . . . :^ . . . . . . . . each o 6 Mortgage, Freeholds .. ..' .. .. .. ,, 16 Do. Leaseholds .. .. .. .. ., ,, 16 Memorandum of Equitable Deposit of Title Deeds .. ,, 06 BHAW & SONS, PETTEE LANE & OEANE OOUET, LONDON, E.G. Valuable Legal Works Recently Issued .BY Sha^v & Sons, 7, 8, & 9, FETTER LANE, 10, CRANE COURT, AND FLEUR-DE-LIS COURT, LONDON, E.G. Justices' Maiinal STONE'S JUSTICES' Manual, with Index of Cases, Appendix of Forms, and Table of Punishments. By the late SAMUEL STONE, Esq., late Town Clerk and Clerk to the Justices of the Borough of Leicester. This Edition has be^ji|t.cavefully prepared and revised to the end of 188.3.*' Twenty-second Ediiion. !884. By G. B. Kennett, Esq., Solicitor and Clerk to the Justices of the City of Norwich. [Price 25s. Bankruptcy Act THE BANKRUPTCY ACT, 1883, arranged in the form of an Alphabetical Index, with Cross References; and an Epitome of its prin- cipal provisions. By Fhancis Uoxburgu, B.A., LL M., of the Middle Temple, Barrister-at-Law. [Price 3s. 6d. Conveyancing Acts CONVEYANCING ACTS, 1881 & 1882, with all the re- ported decisions thereon, and the New Rules of January, 1883, and the Solicitors' Remuneration Act, 1881 , and the General Order issued thereunder. With Explanatory and Practical Notes, Cases, a Full Index, and Precedents in Conveyancing. Additional Notes to the Act of 188'? are printed in Red to facilitate reference. Revised Edition by Meryon White, M.A., of the Inner Temple, Barristei'-at-Law. [Price 8s. Qd. Supreme Court Eules THE OFFICIAL _ Rules of the Supreme Court, 1883, wtth a Digest and a Full Analytical Index. By Edward TtJRNER, M.A., LL.M., Barrister-at-Law. Price, bound in Cloth, 7s. 6d. Also the Digest and Index, separate, price 3s. 6d.,or the Rules, price 2s. 2d. A HANDBOOK ON THE Law of Settlement and Removal Law of Settlement , .......^. of Union Poor, as amended by-?tne 39 & 40 Vict. c. 61, v\ith a Collection of Statutes. By John F. Symonds, Solicitor, Clerk to the Guardians of the Chesterton Union. [Price 5s. SHAW & SONS, PETTEE LANE & OEAFE COURT, LONDON, E.G. [^Continued at end of Work. J THE /f-^i 1883, (46 & 47 VICT. CAP. 61,) WITH SUMMARY AND NOTES, EPITOME OF CUSTOMS OF THE COUNTRY, AND PRACTICAL DIRECTIONS AS TO YALUATION OF UNEXHAUSTED IMPROVEMENTS; ALSO STATUTES AND FORMS BY JAMES BROOKE LITTLE, M.A., Of the Inner Temple, Barrister-at-Laio. LONDON : SHAW & SONS, FETTER LANE AND CRANE COURT, E.C. PRINTERS AND PUBLISHERS. 1884. LONDON : PBIKTED BY SHAW AND SONS, FETTER LANE AND CRANK COURT. c c c < * C C C C C c ( (- t t « « K f- « c t Cc • « C C tf C c * * < c c < I c IBIl PREFACE. The compulsory character of the majority of the pro- iUvisions of the Agricultural Holdings (England) Act, >. 1883, as well as the important alterations it makes in ^ the existing law of distress, must necessarily prevent QP ^its sharing the fate of the Act of 1875. Whether it will answer all the expectations of its framers, or whether a further and more sweeping measure will hereafter be required, has already become ^ a topic of discussion in agricultural circles ; but it is 2> manifest that for some years this Act will be the law ^ of the land, and while it is so, it must afford special Q interest to three classes of persons, — landlords and tenants, lawyers, and valuers. The Author has endeavoured in this edition to meet the requirements of each of these classes. Simplicity ^ has been aimed at for the sake of the first; authorities are § given for legal propositions, and the construction of -^ doubtful sections fully discussed for the assistance of the profession; and special chapters on valuation 39a757 iv Preface. have been added for the benefit of valuers^ whose powers under the Act are very considerable^ and whose duties are by no means easy. By the kind permission of Sir J. B. Lawes, con- siderable use has been made of his valuable Manurial Tables. Being acknowledged as standard authorities, they are given in the actual words of the writer, the Author being of opinion that to alter or epitomise them would be to deprive them of their chief value. As in many cases claims may still be made under the custom of the country, an epitome of the report of the Committee of the Chambers of Agriculture in 1874, upon the various customs in respect of allowances for unexhausted improvements, has been added in the Appendix. The text of the Act, as well as that of the Act of 1875, is printed without the interruption of notes among the Statutes at the end of the volume. '& The Forms have been compiled by the Author to meet the ordinary requirements of landlords and tenants. J. B. L. Temple, November, 1883. INDEX OF STATUTES REFERRED TO. ^ W. & M. c. 5, s. 1 4 Anne, c. 16, s. 10 7 Anne, c. 12, s. 3 8 Anne, c. 14 38 Geo. 3, c. 5, s. 4 57 Geo. 3, c. 93 ... 57 Geo. 3, c. 97, s. 25 10 Geo. 4, c. 50, s. 8 3 & 4 Will. 4, c. 27, s. 42 3 & 4 Will. 4, c. 42, s. 40 3 & 4 WiU. 4, c. 74, s. 78 I & 2 Vict. c. 106, s. 126 5 & evict, c. 27, s. 15 ... 5 & 6 Vict, c, 35, s. 103 8&9 Vict. c. 18, s. 23 ... 9& 10 Vict. c. 95, s. 94... 10 Vict. c. 15, s. 14 II & 12 Vict. c. 43 11 & 12 Vict. c. 63, s. 123 13 & 14 Vict. c. 21, s. 4... 14 & 15 Vict. c. 25 17 & 18 Vict. c. 125 ... 19 & 20 Vict. c. 108 21 & 22 Vict. c. 74, s. 4... 23 & 24 Vict. c. 124 ... 24 & 25 Vict. c. 133, s. 38 26 & 27 Vict. c. 49, s. 8... 27&28 Vict. c. 114, s. 9 29 & 30 Vict. c. 62, s. 7 ... 132, 61 PAGE 133, 134, 136 5 124 130, 135 30 131, 138 103 102 121 44 70 111 110 30 47 62 124 128 36 17 33, 65, 95, 97 41,44 135, 136, 137 61 107 30 105 101 102 VI Index of Statutes referred to. 29&30 32&33 33&34 33 & 34 34&35 35&36 36&37 38&39 38 & 29 42&43 44&45 44&45 45&46 45 &46 46&47 Yict. c. Vict. c. Vict. c. Vict. c. Vict. c. Vict. c. Vict. c. Vict. c. Vict. 0. Vict. c. Vict. c. Vict. c. Vict. c. Vict. c. Vict. c. 72, s. 1 70,8.89 35 97 79 50,8.3 66,8.25 55 92 49 41 49,8.9 38 75 52 PAGE . 101 . 3a 19, 2» . 327 . 124 . 124 5 30,36 . 10 . 128 78,79 8 42, 73, 79 43, 63, 64 ... 92 INDEX OF CASES CITED. A. PAGE Adams v. DuDseath • • ■ • . • • 3,5 Axbuckle u Price • .« . . • ... 45 Armory V. Delamirie ... ... ... 127 Avery v. Cheslyn B. 94 Baker v. Stephens 40 Beck V. Rebow ... 94 Bickford v. Parson 29 Birch V. Dawson ... 95 Bishop V. Elliott ... 94 Bishop V. Howard ... 90 Booth V. Bank of England ... 140 Bradburn v. Foley ... 142 Bunch V. Kennington . . . ... 126 Burgess v. Northwich Local Board ... 36 C. Carr v. Stringer ... 55 Garrard v. Meek ... 122 Cassell, Re ... 40 Charnley v. Winstanley ... 43 Child V. Chamberlain ... ... 131 Clifton V. Furley ... 55 Cole V. Sury ... 121 Cook V. Moylan 5 VIU Index of Cases Cited. Coomljer v. Howard Coombs, Re Crawcour, Ex parte D Davies V. Powell... Davis V. Vass Doe d. Evans v. Page . . . Doe d. Green v. Baker ... Doe d. Hughes v. Bucknell Doe d. Martin v. Watts... Doe d. Prior v. Ongley . . . Doe d. Rigge v. Bell Doe d. Eodd v. Archer . . . Doe d. Shore v. Porter . . . Doe d. Thomson v. Amey E Eaton V. Southby Elliott v. Richardson Ellison v. Ackroyd Elwes V. Mawe... European and American Steamship Co. v. Croskey, Evans -y. Elliot ... Evans v. Lancashire and Yorkshire Railway Co. PAGE 121 55 125 126 47 91 89 90 89,90 90 90 115 89 90 .. 124 .. 141 .. 54 94, 95 .. 40 6 47, 51 Fearon v. Flinn ... Foley V, Addenhrooke Franks v. Silver... 54 95 34 George v. Lousley Gibbs V. Cruikshank G. 55 6 Index of Cases Cited. ix PAGE Gipps v. Hume ... ... ... ... ... ••• 141 Gladwin V. Chilcote 46 Gorton -y. Falkner 125 Greville ^;. Reilly 122 Griffiths ■?;. Stephens 34 Grimes v, Boweren ... ... ... ... • • • 95 H. Haigh's Estate, JBe 45 Hall V. Dyson ... ... ... ... ... ... "* 3 Harnett v. Maitland ... ... ... ... ... 2Q Harvey v. Harvey ... ... ... ... . • . 94 Hawley 1?. North Staffordshire Railway Com j)any ... 39 Hellawell ?;. Eastwood 124 Hemmino; i;. Parker ... ... ... ... ... 38 Hemsworth v. Brian ... ... ... ... ... 43 Herlakenden's Case 94 Hickman v. Machin ... ... ... ... •- 6 Hitchcock i;. Way ... 91 Hobbs V. Ferrars ... ... ... . . ■ . . • 43 Hopper, i?e 40,41 Hnntley v. Rnssell 99 Jacobs. King ... ... ... ... ... ... 134 Jeffries -y. Alexander ... ... ... 140 K. Keech V. Hall , 6 Keen v. Millwall Dock Company 115 V. Priest 125 L. Lawrence v. Hodgson ... ... ... ... ... 47 Lawton i;. Lawton ... ... ... 94 Index of Cases Cited, PAGE Lawton v. Salmon 94 Leach v. Thomas 29 Lee V. Risdon 94 Legh V. Hewitt ... 31 Lucas V. Tarleton 135 Lyon V. Tomkies M. 131 Martin v. Roe 99 Morton v. Woods ••• ••■ ••• 6 Moss V. Gallimore • •• ••* t.a 5 Moyle V. Jenkins • •• ••• ••• 115, 151 Murray v. Reeves N. 141 Nerot V. Wallace 140 Oliver V. Collins... 0. ... 4a Parsons t?. Hinde .. 99 Ponsford •y. Swaine .. 55 Pope i;. Biggs 5 Vov/qW, Ex farte... .. 125 Pow lev V. Walker .. 31 Quincey, Ex parte Q. 94 R. Reg. V. South Devon Railway Company Rex. V. Londonthorpe ... 55 95 Index of Cases Cited. XI Rex. V. Otley V. St. Dunstan V. Wix Ricliardson v. Worsley ... Right d. Fisher v. Cuthell d. Flower v. Darby Ringer v. Joyce Roberts v. Eberhardt Robinson v. Waddington Rodgers v. Parker Roe d. Henderson v. Charnock. Rogers v. Humphreys ... V. Kingston ... Rose V. Redfern ... PAGE . 99 94, 95 91 54 115 89 38 54 134 135 89^ 5, 6 141 55 S. Scott V. Van Sandau Simpson v. Hartop^) Smailes v. Wright Squier v. Mayer ... Staines v. Wain-ftTfight Standen v. Christmas Swift V. Jew.sbury Swire v. Leach ... .. 4& .. 124 .. 51 94, 95 .. 140 .. 29 11, 91 124 Taylerson v. Peters Torriano v. Young Trent v. Hunt . . . Tryer v. Shaw . . . Tyley v. Seed 13a 29 5 46 8^ W. Wakefield v. Llanelly Railway and Dock Company... 45 Walker v. Brown 54 Xll Index of Cases Cited. Wansbrongh. v. Maton . . . "Webb V. Austin V. Taylor West V. Downman West t. Fritchie Whitehead V. Bennett ... Wigglesworth v. Dallison Wilkins v. Wood Wilkinson v. Calvert ... Winn V. Ingilby Wood V. Hewett Yellowley v. Gower Y PAGE 99 6 44 36 6 95 31 31 . 89 95 99 29 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. INTRODUCTIOIN AIND SUMMARY. Summary T HE main object of this Act is to give to an Scope of agricultural tenant a legal right to receive from his landlord compensation for certain speci- fied improvements executed by the tenant during his tenancy. It also makes important alterations in the law regulating notices to quit, the tenant's right to fixtures, and the landlord's power to dis- train for rent. The Act comes into force on the 1st day of Com- mence- January, 1884. ment of The Act applies only to holdings in England ^ppUea. and Wales held under lease or from year to year, tion of It does not apply to a holding that is not either Sect. 64. wholly agricultural, or wholly pastoral, or in part ^H^] 54 agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, nor to any holding let to the tenant during his con- tinuance in any office, appointment, or employ- ment held under the landlord. xiv Agricultural Holdings {England) Act, 1883. Summary j^ certain cases relating to tlie execution of Act IS com- improvements and the compensation payable in pulsory. ^ i. r J Sects. 3, 4, respect thereof, the Act permits agreements to be made by the landlord and tenant substituting an agreed compensation for compensation under the Sect. 55. Act, but, -with the exception of such agreements, any contract, agreement, or covenant made by a tenant by virtue of which he is deprived of his right to claim compensation under this Act in respect of any improvement mentioned in the First Schedule, shall, so far as it deprives him of such right, be void both at law and in equity. Permission is also given to landlord and tenant to agree by writing under their hands to exclude •Sect. 33. the section which makes a year's notice to quit generally necessary to determine a tenancy from year to year. In all other respects the Act is compulsory. Right to Compensation. When The tenant is not entitled to claim compensa- tenant en- titled to tion under the Act until he has quitted the hold- c aim. .^g ^^ ^j^g determination of a tenancy. It is Sect. 1. immaterial, however, in what manner the tenancy is determined, whether from effluxion of time, or Sect. 61. by forfeiture, or from any other cause. It is not necessary that the improvement in respect of which compensation is claimed should have been executed Introduction and Summary. xv during the particular tenancy at the determina- Summary tion of which the tenant quits the holding. If the tenant has remained in the holding while his Sect. 58. contract of tenancy has been changed, he is not by reason only of such change or changes deprived of any right to obtain compensation on quitting the holding for improvements made during a former tenancy. The tenant has no claim for merely good hus- For what bandry ; he is entitled only to compensation for meuts, improvements which are specified in the First ^^^^' ^' Schedule, but customary allowances for fallows, growing crops, &c., are in no way affected by the Act. This Schedule is divided into three Parts, — The First Part includes such permanent improve- Schedule ments as are usually executed by the landlord. Their execution requires considerable outlay, and they are of a nature calculated to alter the character of the holding. To entitle the tenant to compen- Sect. 3. sation for making such improvements, the tenant must, previously to executing them, obtain the written consent of his landlord, and such consent may be given by the landlord unconditionally or upon any terms as to compensation or otherwise as may be agreed upon. The Second Part includes only drainage. Schedule Although necessitating considerable outlay, and being what is generally considered a landlord's xvi Agricultural Holdings [England) Act, 1885. Summary improvement, its great value as an agricultural improvement induced the legislature to permit the tenant to execute it even against the landlord's desire, and still to have a claim for compensation. Sect. 4. Several modes are, however, provided in the Act, for executing and apportioning the cost of drainage works : (i.) The landlord and tenant may come to an agreement on the subject, either in the lease or otherwise, as though this Act had not passed, (ii.) The tenant may, not more than three months and not less than two months before beginning to execute the improvement, give notice in writing to the landlord of his intention to do so, and of the manner in which he proposes to do it; and unless the landlord, after receipt of the notice, undertakes to do it himself (though not necessarily in the way pro- posed by the tenant), and does it within a reason- able time, the tenant may execute the work, and will become entitled to compensation under the Act for it. (iii.) After receipt of the tenant's notice the landlord may undertake to execute the improvement himself. A reasonable time must be given him to comply with his undertaking, and if he executes it he may charge the tenant either [a] with the payment of interest at five per cent, on the outlay ; or [b) with the payment of such annual sum as would repay the outlay with interest at Introduction and Summary. xvii three per cent, for 25 years (i.e., with £5 14*. \Qd. Summary per cent, on the outlay), (iv.) The landlord and tenant may, after notice, come to any agreement they please on the subject. Thus it will be seen that if a tenant is desirous of having part of his holding drained he should, in the first place, endeavour to come to some agree- ment with his landlord. If that is impossible, then he may give notice to the landlord that he intends to do the work himself. The landlord is then in this position : he may stand by and let the tenant do the work, and he will then have to pay, at the end of the tenancy, such compensation as Sect. 1 fairly represents the value of the improvement to an incoming tenant ; or he may do it himself and charge the tenant either with £5 per cent, on the outlay, so long as he remains tenant of the hold- ing, or with £5 14*. 10^. per cent, for 25 years, if he remains tenant so long. The advantage to the. landlord is so much greater, if he executes the work himself and charges the tenant with the £5 145. 10c?. per cent., that it is anticipated that few landlords will allow the tenant to do the work, and that claims for compensation in respect of drainage will be rare. The Third Part of the Schedule includes what Schedule generally comes under the head of " tenant's im- ^^^^ ^^^' provements," viz., manuring the soil with chalk, b xviii Agricultural Holdings [England) Act, 1883. Summary lime, &c., or witli artificial manures, or by the consumption on the holding of purchased feeding stuffs. For such improvements no previous con- sent of, or notice to, the landlord is necessary to entitle the tenant to compensation. The landlord and tenant are permitted, however, to come to an agreement in writing as to the amoimt of corn- Sect. 5. pensation payable, subject to the proviso that the compensation so agreed upon is fair and reasonable, regard being had to the circumstances existing at the time of making such agreement. Improve- No compensation is payable to a tenant for im- lastyearof provements other than those numbered 22 and sf^f^Kq' 23 in the Schedule (manures and feeding stuffs) begun by him, if a lessee, during the last year of his tenancy, or if a tenant from year to year, within one year before he quits his holding, or at any time after he has given or received final notice to quit. This provision, however, is subject to Exceptions the following exceptions : (i.) where a tenant, whether a tenant from year to year or a lessee, before beginning any such improvement, has served notice on his landlord of his intention to begin the same, and the landlord has either assented, or for a month after the receipt of the notice has failed to object to the making of the improvement ; (ii.) where a tenant from year to year, who is not entitled to a year's notice to quit. Introduction and Summary. xix lias begun sucli improvement during the last year Summary 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. In any case coming within either of these excep- tions the tenant is entitled to claim compensa- tion for the improvement as though it had been begun before the last year of the tenancy, or before notice to qait had been given. The Act recognizes two forms of compensation : Forms of 1 ii A J) 1 ^^ compensa- " compensation under the Act, and " compensa- tion. tion substituted for compensation under the Act.'' The former is the compensation payable in the absence of an agreement between the landlord and tenant regulating the amount of compensation. The latter is payable if the tenant executes an improvement in the First or Second Parts of the Schedule upon the terms of any agreement with the landlord, or an improvement in the Third Part of the Schedule upon the terms of an agreement with the landlord which provides /air and reason- able compensation for the same. The latter is also the form of compensation payable in the case of tenancies current at the commencement of the Act for improvements executed after the 1st January, 1884, in respect of which the tenant may be entitled to compensation by virtue of any custom, or the Agricultural Holdings Act, 1875, b2 XX Agricultural Holdings [England) Act, 1883. Summary or of an agreement in writing made before the Act, or of an agreement in writing made after th& Act which provides /air and reasonable compensa- tion for an improvement in the Third Part of the Schedule. The broad distinction between these forms of compensation lies in this, that '' compen- Sect. 1. sation under the Act " is to be assessed upon the basis of value to an incoming tenant, while '' com- pensation substituted for compensation under the Sect. 5. Act '' is to be assessed upon the terms of the Sect. 17. agreement^ custom^ or Act under which it is payable. Current No compensation is payable under this Act in tenancies. n 7 /. i -, Sect. 2. respect 01 improvements executed before the 1st January, 188-4^ if by any chance the tenant is entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such improvements ; but if he is not so entitled, then if the improve- ment was made within ten years before the com- Id. suL- mencement of the Act, and is an improvement comprised in the Third Part of the Schedule, or is an improvement comprised in the First or Second Parts of the Schedule and the landlord within one year after the commencement of the Act declares in writing his consent to the making thereof, the tenant may claim compensation for the same under the Act as though the Act had been in force at the time of making the improvement. Introduction and Summary. xxi If the tenancy is a current tenancy on the 1st Summary January^ 1884, and the tenant executes any im- Sect. 5. provement comprised in the First Schedule after ,that date, he is in general entitled to compensation under the Act in respect thereof ; but if payment of compensation for such improvements is provided for by any agreement in writing made before 1st January, 1884, or by custom, or the Agricul- tural Holdings Act, 1875, or by an agreement in Avriting made after the 1st January, 1884, which provides /air and reasonable compensation for im- provements comprised in the Third Part of the Schedule, then the compensation shall be i)ayable in pursuance of such agreements, custom, or Act, and shall be deemed to be substituted for compen- sation under this Act, If the current tenancy is a tenancy under a Duration of current lease, it continues to be a current tenancy until tenancies. the expiration of the lease. But if it is a tenancy from year to year it is, for the purposes of this Act, to be deemed to continue as a current tenancy only until the first day on which either the land- lord or tenant could, the one by giving notice to the other immediately after the commencement of the Act, cause such tenancy to determine, and on and after such day the tenancy shall be deemed to be a tenancy under a contract of tenancy beginning after the commencement of the Act. xxu Agricultural Holdings [England) Act, 1883, Notice of claim by tenant. Sect. 7. Counter- notice by landlord. Sect. 7. Summary Assessment of Compensation. No tenant will be entitled to obtain compen- sation under the Act for any improvement unless he shall, two months at least before the determina- tion of the tenancy, give notice in writing of his intention to make such a claim, stating, as far as reasonably may be, the amount and particulars of his intended claim. If the tenant gives notice of his intention to make a claim under the Act, the landlord may, either before, or within 14 days after, the deter- mination of the tenancy, give a counter-notice in writing of his intention to make a claim against the tenant for any waste or breach of covenant or other agreement connected with the tenancy. After notice of claim by the tenant, the land- lord and tenant may agree on the amount of com- pensation to be paid under this Act. No restric- tions are placed by the Act upon the terms of such an agreement. If such an agreement is made,, the money payable thereunder may be recovered in the county court. If no such agreement is made the difference between the landlord and tenant Keference. must be settled by a reference as provided by the Act, and the referees must ascertain the amount of compensation to which the tenant is entitled, in accordance with the rules laid down in the Act^ Compensa- tion agreed. Sect. 8. Sect. 24. Introduction and Summai'y. xxiii When the compensation payable is " compen- Summary sation substituted for compensation under this Basis of valuation. Act/'' the agreement, custom, or the Act of 1875, in pursance of which such compensation may be payable, itself supplies the basis of valuation. Where, however, compensation under the Act is claimed, the basis of valuation is "the fair value of the improvement to an incoming tenant," who Sect. l. presumably carries on the same kind of business and pays the same rent as the outgoing tenant ; subject, however, to this proviso, that in estimat- P™viso. ing the value of any improvement there shall not be taken into account as part of the improvement made by the tenant what is justly due to the in- herent capabilities of the soil. It may be noticed in passing that this proviso is Nature of one of the disfigurements which the bill received in its stormy passage through Parliament. When the bill was originally introduced, the basis of valuation, was simply " the value of the improve_ ment to an incoming tenant." That was a work_ able basisj substituted for another workable basis contained in the Act of 1875, viz., that of "outlay." Then the proviso was added as an amendment, but confined to Parts I. and II. of the Schedule. Finally the House of Lords extended it to the whole of the Schedule. The effect of the proviso on the original standard, is to make it in certain xxiv Agricultural Holdings {England) Act, 1883. Summary cases an impossible standard. It is possible, though difficult, in most cases to decide whether any part of an improvement is due to the inherent capabilities of the soil, but if some part is so due, human ingenuity has not yet discovered any means of accurately determining how much. The quan- tum is a purely speculative amount, and if the referees are of opinion that some part of an im- provement which they are required to value is due to the inherent capabilities of the soil, it seems ridiculous that they should go through an elaborate calculation to discover the value of the improvement to an incoming tenant, and then deduct a guess sum for " inherent capabilities." It would be quite as rational that they should guess the amount of compensation straight off, and save all parties time, trouble, and expense, Keduction The amount of compensation calculated upon mentation this basis of value is, however, liable to be reduced o compen- or augmented in respect of certain matters specified Sect. 6. in the Act. The matters to be taken into account in reduc* ing the tenant^s compensation are as follows : (1.) '^ Any benefit which the landlord has given or allowed to the tenant in considera- tion of the tenant executing the improve- ment.'' Upon which the chief question likely to arise is, whether granting a lease is Introduction and Summary. XXV a suflficient consideration for a covenant by Summary the tenant to execute all improvements at his own cost ; semble, not in respect of im- provements comprised in Part III. of the Schedule. (2.) In the case of compensation for manures^ the value of the manure that would have been produced by the consumption on the holding of any hay^ straw^ roots^ or green crops sold off or removed from the holding within the last two years of the tenancy, or other less time for which the tenancy has endured, ex- cept as far as a proper return of manure to the holding has been made in respect of such produce so sold off or removed therefrom : (3.) Any sums due to the landlord in respect of rent^ or waste^ or breach of covenant, or other agreement connected with the contract of tenancy, and any taxes, rates, and tithe rent- charge due or becoming due in respect of the holding to which the tenant is liable as be- tween him and the landlord; but no reduction is to be made in respect of waste or breach in relation to a matter of husbandry oc- curring more than four years before the determination of the tenancy. In augmentation of the tenant^s compensation, there must be taken into account : XXVI Agricultural Holdings {England) Act, 1883. Summary Any sum due to the tenant in respect oF breach of covenant or other agreement con- nected with a contract of tenancy and com- mitted by the landlord. When the amount of compensation under the Act has been fixed by the referees or umpire with due regard to the above-mentioned rules laid down in the Act for their guidance, it is to be declared in an award, which must fix a day not sooner than one month after delivery of the award for payment of the money awarded. The sum so awarded may, irrespective of its amount, be reco- vered by order of the county court. In case, however, the landlord is a trustee or a person not entitled to receive the rents and profits for his own benefit, the compensation cannot be re- covered personally against him ; but the tenant may, if not paid within a month after quitting his holding, obtain from the county court a charge upon the holding for the amount due. Fraudulent or exaggerated claims will no doubt be made from time to time both by the tenant and the landlord. To check such claims being put for- ward, absolute discretion is given to the referees to, award that the costs of the reference shall be borne by the parties as mayappear just,regard being had to the reasonableness or unreasonableness of the claim of either party in respect of amoimt or otherwise. Time for payment Sect. 21. Recoveiy of sum awarded. Sect. 24. Trustees. Sect. 31. Tenant's charge. Excessive claims. Sect. 20. Introduction and Summary. . xwii If either party, therefore, makes an excessive Summary claim which he cannot support, he may justly be punished by having to pay the whole or the greater part of the costs of the reference. Subject to special provisions in the Act Laudlord'a „ , , „ , , J, ■ interest respecting Crown lands, &c., the amount or m- imma- terest which a landlord has in the holding is im- §^"^42 material as regards the acquisition by the tenant of a right to obtain compensation. Every land- lord, that is, every "person for the time being entitled to receive the rents and profits," may give any consent, make any agreement, or do or have done to him any act in respect of which compen- sation is payable under this Act 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 pos- sessed of the whole estate of the leasehold. It is a matter of great doubt how far the Act Compen- ■I T T ■ T p -1 sation excludes the right of a tenant to compensation by under the custom of the country. It is clear, however, that ^^^^ ^^^ ^' if the tenant is entitled to compensation under the Sect. 57. Act for any improvements, he must claim it under the Act, and cannot resort to the custom of the country. But it is not clear whether, if he is not entitled to compensation under the Act because he has not observed such of the conditions of the Act as are xxviii Agricultural Holdings {England) Act, 1883. •Summary conditions precedent to his being so entitled, he is debarred from his right to claim by custom. For instance, if a tenant of a Nottinghamshire or Lincolnshire farm drains his land without giving notice to his landlord, or fails two months before the determination of his tenancy to give notice of his intention to claim compensation, can he still claim by the custom o£ the country compensation for liis improvement ? Different opinions on the subject were pronounced in the House of Commons, while the Bill was in Committee, but it is sub- mitted, for the reasons set out in the note to section 57, that the tenant might in such case still claim by custom. The only bar to a tenant's so claiming appears to be the fact that he is entitled to com- pensation under the Act, so that whenever he is not so entitled, no matter from what cause, he may still rely upon the custom of the country. Procedure. Eeference, When the tenant has given the necessary notice thorized" ^f his intention to claim compensation under the Sect. 8. ^p^^ jjg jjjay agree with his landlord as to amount and the mode and time of paying it. In default of such agreement the difference must be settled by a reference. Hence it will be seen that unless the tenant claims " compensation under the Act/' Introduction and Summary. xxix there can be no reference under the Act. If tlie Summary tenant only claims compensation by virtue of agreements, which is '' compensation substitated for compensation under this Act/^ he must enforce his claim by action in the ordinary way. If a reference takes place, the parties may Appolnt- 30intly appoint a single rereree, or may each referees. appoint their own referee. If two referees are appointed there must be an umpire. Either party Appolnt- , . . . . ment of may by giving written notice to the other at the umpire. time of appointing his referee, require the umpire to be appointed by the Land Commissioners for ^ect. lo (sub-sect. England, or by the county court ; but the other i). party may object to his appointment by the county sect 2)^' court, and if he does so object the umpire must then be appointed by the Land Commissioners. Where no such notice given, the umpire will be appointed by the referees, and the appointment must be made before the referees enter on the reference. If for any cause a single referee fails to act for Failure to ... act. seven days after notice requiring him to act, the Sect. 9 proceedings must begin afresh ; if one of two referees in the same way fails to act, the party appointing him must appoint another. If an umpire dies or becomes incapable of acting, a fresh umpire must be appointed in the same way as the original umpire was appointed. If either party, XXX Agricultural Holdings [England) Act, 1883. Summary after notice from the other party requiring him. to appoint a referee, delays doing so for 14 days, the county court will make the appointment ; it will also appoint an umpire, if the referees fail to do so for seven days after notice from either party. Submis- Submission to the reference is made by simply reference!^ delivering to the referee his appoiniment ; once Sect. 13. jjjade, it is irrevocable without the consent of the Sect. 22. other party. A submission under this Act cannot be made a rule of court or be removed by any process into any court. Produe- The referees have power to administer oaths and docu- to call for vouchers, samples, and documents, but sSt*i3 cannot compel the attendance of witnesses. Time for ^hc award must be ready for delivery within 28 award by . . •pit • i referees, days after his appomtment i± made by a smgle Sect. 16. j.gfgj.ge; and, if made by two referees, within 28 days after the appointment of the last appointed of them, or within such extended time as they may jointly fix, provided that the time does not in any case exceed 49 days after such appointment. Time for jf the referees do not make their award within award by . ,. . , i , i ^ n umpire. the time limited, or whenever they finally agree Sect. 18. ^^ differ, the matters in dispute thereupon stand referred to the umpire, who should make his award within 28 days after notice of the reference to him ; he may, however, obtain unlimited extension of time from the registrar of the county court. Introduction and Summary. xxxi The award must be in writing signed by tbe Summary person or persons making it, and must fix a day Form of 1 p • • 1 ^ T award. not less than one month after it is ready for de- Sect. 15. livery for the payment of the amount awarded. ^^' ' It must not merely award a lump sum to either Sect. 19. party, but must, so far as possible, specify every improvement for which compensation is awarded, and the amount awarded for each improvement ; the various matters and things taken into account in reduction or augmentation of the compensa- tion ; the time at which each improvement, act, or thing was made or done ; and at the request of the landlord, the time at which each improvement will be deemed to be exhausted. Thus the award will show both parties exactly how the referees have arrived at the total, and will give them every opportunity of appealing against it if it is unsatis- factory. Although the referees have no jurisdiction Compen- sation under the Act to enter upon a reference at all un- under less there is a claim for "■ compensation under the g^^ ^' ' ' Act,'' yet when there is such a claim, they must Sect. 17. also ascertain what, if any, compensation is due under any agreement made between the landlord and the tenant.in pursuance of sections 3, 4, and 5, and include the amount so ascertained in the award. The valuation in such cases must be made consis- tently with the tenor of such agreements, which the xeferees have no power to rectify or set aside. xxxii Agricultural Holdings {England) Act, 1883. Summary The costs of the reference are in the absolute Costs of discretion of the referees, but they are directed to Sect. 20. have regard to the reasonableness or unreason- ableness of the claim of either party in awarding payment thereof. Appeal No appeal is allowed against an award by either award. pai^'^yj when the amount claimed for compensation is less than £100. When it exceeds that sum, either party may within seven days after delivery of the award, appeal against it to the county court on the grounds specified in section 23, among which, it should be noticed, is not included the ground that the referees have placed too high or Award too low a value on any improvement. If no appeal is brought within seven days the award is final. Judgment The decision of the county court judge on court"final ^PP^al is final, save that- he must, if required by either party, state a special case on any ques- tion of law, for the judgment of the High Court of Sect. 27. Justice. The judge has absolute discretion as to costs in the county court. Eecovery When any money is agreed or awarded or ordered satio™^™" oil appeal to be paid for compensation or costs. Sect. 24. .^^^ jg j^Q^ pj^jj fQj, J4, (]ays after the time agreed, awarded, or ordered, such money is recoverable by order of the county court, irrespective of its amount, in the same way as money ordered by a county court under its ordinary jurisdiction to be Introduction and Summary. xxxiii paid is recoverable, i.e., by execution upon the Summary goods and chattels of the defaulting party. Every document under this Act may (that is, Service of ... notices, must) be served on the person to whom it is to be &c. given, either personally or by leaving it for him at ^^*' ^^' his last known place of abode in England, or by sending it there in a registered letter. If sent by post it is sufficient to prove that the letter was properly addressed and posted, and that it con- tained the document; it will then be deemed to have been received in the ordinary course of delivery. Charge of Tenant's Compensation. When a landlord has paid to a tenant a sum as Sect. 29. compensation, or has expended a sum of money on drainage after notice by the tenant of his in- tention to execute drainage works (section 4), he is 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 ; and the court being satisfied of the bona fides of the application may make an order charging the holding, or any part thereof, with repayment of the said amount with such interest and by such instalments as the court thinks fit. c xxxiv Agricultural Holdings {England) Act, 1883. Summary This charge differs from a rentcharge in being- Charge is personalty; the instalments and interest, though ' payable out o£ the land^ being charged in favour of the landlord, his executors, administrators, and assigns. Although the Act of 1875 contained a provi- sion similar to this, there is good authority for the statement that no such charge has ever been created under the provisions of that Act. The enactment is, therefore, to all intents and pur- poses, a new one. Duration The duration and incidence of the charge will deuce of ^ary according to the estate in the holding of the charge. ^]-,-g]^ the landlord is seised. A distinction is drawn, first, between those who are absolute owners of the holding for their own benefit, and those who are not ; and this latter class is again divided into those who are not tenants under a landlord, and those who are. This classification practically corresponds with (i.) owners in fee; (ii.) owners of a limited estate of freehold ; (iii.) leaseholders. Absolute No limitation is imposed as to the number of owners. years over which payment of instalments under the charge may extend when obtained by an abso- lute owner for his own benefit. Limited But when the owner has only a limited estate liolders. of freehold in the land, no instalment or interest Introduction and Summary. XXXV sliall be made payable after the time when the Summary improvement, in respect whereof compensation is paid, will be taken to be exhausted. The time at which an improvement will be taken to be ex- hausted must (if the landlord has so requested) be declared in the award ; if there has been no Sect. 19. award, as will be the case where the landlord and tenant have agreed on the amount of compensa- tion (section 8), it must be declared by the court. Subject to this single limitation the charge will Sect. 30. bind the interest of the landlord in the holding, and all interests subsequent to his. A further restriction is placed on the duration Lease- o£ a charge obtained by a leaseholder for compen- sation paid by him to a sub-tenant. Not only will no instalment be payable after the time when the improvement is taken to be exhausted, but the Sect. 30. charge is not to extend beyond the interest of the landlord, his executors, administrators, and assigns, in the tenancy. It will be seen that the only value of a charge ^^.lue of . charge, under this Act to a leaseholder lies in its being a means of obtaining a loan with which to pay the compensation due to his tenant. This is also its chief value to an owner in fee ; though in some cases, where there are numerous younger children to be provided for, the owner may prefer to charge the cost of improvements on the laud c2 xxxvi Agricultural Holdings {England) Act, 1883. Summary to reducing the portions of the younger children by paying for them out of his personal estate. To a tenant for life, however, in addition to its being a good security for a loan, it is valuable as enabling him to transfer part of the cost of improvements from himself to the remain- derman. As the interests of the tenant for life and the remainderman, with regard to the duration of the charge, are so antagonistic, it is strange that there is no provision in the Act for enabling the remainderman to appear before the county court and criticise the application of the tenant for life. As it is, the tenant for life may obtain a charge of which the remainderman may have no notice whatever until he comes into possession. He may then discover that it was fraudulently obtained by representing the improvements to be worth far more than they really were ; but it would then be probably too late to object to it in the hands of an innocent holder for value. A practical inconvenience arises out of the limitation of the payment of instalments under a charge to the time when the improvement, in re- spect whereof compensation has been paid, is taken to be exhausted. A landlord may have to pay compensation in respect of six improvements, all of which are taken to be exhausted at different times, ranging from one to fifty or more years. Introduction and Summary. xxxvii One charge cannot cover all these^ unless tlie Summary landlord is willing that none of the instalments should be payable beyond the lowest limit. Hence will arise the necessity of a series of charges for small amounts, each enduring for a different period, as to which questions of j)riority may arise more interesting to the legal profession than to the holders of the charges. Trustees and persons entitled to receive the rents Trustees. . Sect. 31. and profits of a holding otherwise than for their own benefit, though not liable personally to pay compensation to a tenant, may, if they please, do so and obtain a charge on the holding for the amount paid. Moreover they are not obliged to pay compensation first and obtain the charge after- wards, as a beneficiary must do, but they may obtain the charge before paying the compensation, so that they may have the charge ready to assign at any moment to a person willing to advance money on it. A beneficiary, on the contrary, can only offer as security for a loan an agreement to assign the charge when he has got it, which is not altogether the same thing. If trustees for ecclesiastical or charitable pur- Charity T"i*n st^pps poses are the landlord, they cannot obtain a charge ggct, 40, on the holding without the previous approval in writing of the Charity Commissioners. An archbishop or bishop cannot obtain a charge Bishops, &c. Incum- bents.j Sect. 39. iKXviii Agricultural Holdings [England) Act, 1883. Summary on the lands secured as an endowment of his see- Sect. 38. without the previous approval in writing of the Estates Committee of the Ecclesiastical Commis- sioners. An incumbent of an ecclesiastical benefice cannot obtain a charge on the glebe without the previous approval in writing either of the patron of the benefice, or of the Governors of Queen Anne's Bounty. The Governors of Queen Anne's Bounty may, if they think fit, pay on behalf of the incumbent, the compensation due to a tenant of the glebe, and themselves obtain a charge on the holding. A charge obtained by them, or by an incumbent with their approval, will bind the glebe in the hands of succeeding incumbents. Year's notice. Sect. 33. Notice to quit. Where no stipulation has been made between the landlord and tenant in the contract of tenancy as to the length of notice, and in all cases where a tenancy from year to year is implied by law, and where the length of notice is not regulated by local custom, the law has required a half-year's notice to quit expiring with a year of tenancy. For the future whenever htj law a half-year's notice to quit expiring with a year of tenancy is- Introduction and Stimmary. xxxix necessary and sufficient to determine a tenancy^ Summary a year's notice so expiring shall be necessary and sufficient. This provision is identical with that contained in section 51 of the Act of 1875, with the excep- tion that, under that Act, the landlord could ex- clude its operation by merely givinff notice to Exclusion ^ ^ . & & of sect. 33. that effect to the tenant. Under this Act, the landlord has no such one-sided advantage, but he and the tenant may come to an agreement, by writing under their hands, that the section shall not apply, in which case a half-year's notice shall be sufficient as before. The general effect o£ the section is, therefore, as follows : If a stipulation is made between the landlord and tenant at the time of making the contract of tenancy that less than a year's notice shall be given, and that stipulation forms one of the terms of the contract (whether in writing or parol), the notice stipulated will be sufficient, and it will not be necessary to further agree in writing that the operation of the section shall be excluded. But where no such stipulation is made as part of the contract, then the operation of the section must be expressly excluded by agreement. This point was decided by Lord Coleridge in Wilkinson y. Calvert, L. R. 3 C. P. D. 260 ; 47 L. J. C. P. 789, under the Act of 1875. xl Agricultural Holdings {England) Act, 1883. Summary Resump- tion for im- prove- ments. Sect. 41. Notice by- tenant to quit entire holding. Compensa- tion. A landlord may give a tenant notice to quit part only of his holding, if he is desirous of re- suming such part for certain specified purposes mentioned in section 41 , being the same as those specified in the Act of 1875, with the single addition of making a railway. Such notice must be of the same length as would be necessary to determine the tenancy of the entire holding. The tenant may, however, within 28 days after service of such notice, serve on the landlord a written notice that he accepts the same as notice to quit the entire holding at the expiration o£ the then current year of tenancy, and the notice to quit shall have effect accordingly. If the tenant remains on the holding he is entitled to compensation in respect of the part re- sumed by the landlord in the same "way as though the tenancy of the entire holding had determined; and in estimating the amount of compensation payable, regard shall be had to the damage to the tenant caused by the severance from the hold- ing of the part resumed. Tenant's right to remove fixtures. Sect. 34. Fixtures. The Act permits the removal by the tenant, before or within a reasonable time after the de- termination of his tenancy, of any engine. Introduction and Summary. >^li macMnery, fencing, or other fixture affixed by Summary him to, or building erected on the holding, for which he is not entitled to compensation under this Act or otherwise. This permission is, how- ever, subject to several conditions : (i.) The fixture or building must not have been placed on the holding in pursuance of any obligation, or instead of some fixture or building belonging to the landlord : Z. Note. Sect. 4. of the First Schedule, and provides four methods in which it can he done : — (1.) The landlord and tenant may agree upon the terms on which it shall he done as though this Act had not passed. (2.) The tenant may, not more than three months, and not less than two months, before begin- ning to execute the work, give a written notice to the landlord of his intention to execute it, and of the manner in which he proposes to do it. If the landlord does not undertake to execute the work himself, the tenant may, at the expiration of two months, proceed to do it, and will be entitled to com- pensation at the end of his tenancy. (.3.) The landlord may, upon receipt of the tenant's * notice, agree with the tenant upon the terms on which the work shall be done. (4.) The landlord may, upon receipt of the tenant's notice, undertake to execute the work him- self, and may charge the tenant either with five per cent, upon the outlay expended, or with such annual sum as would in twenty- five years repay the outlay with interest at three per cent. If the landlord dissents, the tenant cannot obtain compensation for drainage works begun by him during the last year of his tenancy, or, if he is a yearly tenant, after he has given or received final notice to quit (section 59). For the position of a lessee when notice is given to him by a sub- tenant under th^s section, see note to section 42. An appeal lies against an award on the ground that the special jirovisions of this section have been im- properly applied, or omitted properly to be aj)plied by the referees (section 23). For form of notice by tenant, see "post, Form 7; of 46 ^ 4:7 Vict. Caj). 61. 17 agreement as to execution of works, Form 8; of land- Sect. 4. lord's undertaking, Form 10; of charge by landlord on ^^q, tenant, Form 11. (a) Months Here and elsewhere in this Act mean calendar months (13 & 14 Vict. c. 21, s. 4). (b) Notice. It is not requisite that the notice " of the manner in which the tenant proposes to do the intended work " should be a specification of the intended works, but it should be sufficient to enable the landlord to judge of the advisability of allowing the tenant to execute the work, or of undertaking it himself, and at the same time should leave the tenant a certain amount of latitude in the execution of the details. It would seem that if the tenant executes the work he is bound to execute it according to the terms of his notice, but the mere service of notice does not in any way bind him to execute the work at all. If the landlord undertakes to execute the improvement he is not bound to do it in accordance with the terms of the tenant's notice, but may do it in any reasonable and proper manner he thinks fit. The notice must be given by the tenant not more than three, and not less than two, months Ipefore begin- ning to execute the work; care must therefore be taken by the tenant not to commence the work within two months, or to leave it uncommenced more than three months after giving notice, as in either case he would lose all right to compensation for the imj^rove- ment. If the landlord, however, undertakes to do the work, the tenant cannot proceed with its execution, but must wait a reasonable time to allow the landlord to comply with his undertaking. If the landlord does not comply with his undertaking within a reason- - able time, the tenant may execute the work himself. c 18 Agricultural Holdings {England) Act, 1883. Sect. 4. It would seem that where the landlord undertakes to j^Q^-g execute the work and foils to comply with his under- taking, the tenant is not bound to give a fresh notice, -even though more than three months have elapsed since the original notice was given before he begins to execute the work. (c) Peeviouslt withdrawn. That is withdrawn previously to the landlord under- taking to execute the improvement, not previously to his executing it ; so that if a landlord reply immediately on receipt of tlie tenant's notice that he undertakes to execute the works himself, and will charge the tenant with repayment of the outlay, the tenant cannot then withdraw his notice so as to prevent the landlord from executing the works and so charging him. {d) Charge the tenant. The charge is only payable by the sitting tenant. On a change of tenancy it merges in rent, so that the tenant gets rid of his liability on quitting the holding. The annual sum payable for a period of twenty-five years that will repay capital and interest at three per cent, is ,£5 14s. \0d. per cent, on the outlay. (e) Recoverable as rent. The annual sum charged hy the landlord will, it is presumed, begin to accrue from the date on which the landlord gives notice to the tenant that he has executed the whole of the works which the tenant proposed to do, and has decided on one of the alter- native charges allowed by this section. As the section mentions an "annual sum" to be recoverable as rent, it will be p.ayable once a year, the first payment becoming due one year from the day on which the tenant receives notice of the charge. The landlord may distrain for one annual payment and no more (section 44). If the tenant quits his holding at the 46 ^ 47 Vict. Cap. 61. ^ 19 determination of liis tenancy before a whole year has Sect. 4. elapsed since the last annual payment was made, the ^^, landlord may, on or after the date at which the next payment would, if the tenant had remained in the holding, have become due, recover an apportioned part thereof under the Apportionment Act, 1870.* (/) Dispense with notice. This clause appears in an indirect way to enable the landlord and tenant to contract themselves out of the Act so far as compensation for drainage is concerned. An agreement in a lease, notice being dispensed with, is to have the same validity as an agreement between the parties after notice by the tenant. Any agreement under this section between the parties after notice which provides compensation " to be substituted for compensation under this Act" is valid, although the amount of . the compensation agreed upon is merely nominal, inasmuch as an agree- * 33 & 34 Vict. c. 35. By section 1, " All rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) shall, like interest on money lent, be ■considered as accruing from day to day, and shall be apportionable in respect of time accordingly." By section 2, " The apportioned part of any such rent, &c., shall be payable or recoverable in the case of a con- tinuing rent, &c., when the entire portion, of which such apportioned part shall form part, shall become due and payable, and not before; and in the case of a rent, &c., determined by re-entry, death, or otherwise, when the next entire portion of the same would have been payable if the same had not been so detennined, and not before." By section 5, the word rents " includes rent service, rent- charge, and rent seek, and also tithes and all periodical payments or renderings in lieu of or in the nature of re^it or tithe." r *> 20 Agricultural Holdings {England) Act, 1883. Sect. 4. ment "■providing such compensation as is by this Act Note. permitted to he substituted for compensation under this Act " is expressly excepted from the operation of section 55, which avoids all other agreements incon- sistent with the Act. It would therefore seem that a clause in the lease dispensing with notice and providing that the tenant shall do all drainage works on the holding for a nominal compensation, if at all, would be valid, and that if a tenant took a lease containing such a stipulation, he would not subsequently be entitled to give notice and claim compensation under the former part of this section. Eeserva- 5. Where, in the case of a tenancy under a tion as to existing Contract of tenancy current at the commence- contractr^ ment of this Act {a) , any agreement in writing- of tenancy, or custom, or the Agricultural Holdings (England) Act, 1875, provides specific compensa- tion for any improvement comprised in the First Schedule hereto, compensation in respect of such improvement, although executed after the com- mencement of this Act, shall be payable in pur- suance 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 con- tract of tenancy beginning after the commence- ment of this Act, any particular agreement {b) in I writing secures to the tenant for any improve- ment mentioned in the third part of the First Schedule hereto, and executed after the com- 46 6f 47 Vict. Cap. 61. 21 mencement of this Act, fair and reasonable com- Sect. 5. pensation {c), having regard to the circumstances existing at the time o£ 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 subtsituted 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 improvement 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 Agricul- tural Holdings Act, 1875. The first and third parts of this sction apply only to tenancies current at the commencement of this Act, and deal with improvements executed after the 1st January, 1884 ; those executed before that date are dealt with by section 2. If the tenant of a current tenancy executes improvements after 1st January, 1884, and can claim specific compensation for them under a contract, or custom, or the Act of 1875, the amount of the compensation must be fixed by the terms of such contract, &c., but the tenant may use the procedure of this Act to obtain payment of such amount. If he is not entitled under a contract, custom, or the Act of 1875, he must observe all the provisions of, and may claim compensation under, this Act ; and he may also enter into an agreement with the landlord which "provides fair and reasonable" compensation. 22 Agricultural Holdings {England) Act, 1883. Sect. 5. for improvements in the third part of the First N^e. Schedule. If tlae referees improperly apply, or omit properly to apply, the special provisions of this section, an appeal lies against their award (section 23). (a) Tenancy current at the commencement of this ACT. A tenancy from year to year current at the com- mencement of this Act remains a current tenancy until the first day on which either the landlord or the tenant can by giving notice to the other immediately after the commencement of the Act cause such tenancy to determine (section 61). Where a customary half-year's notice to quit ex- piring with a year of tenancy is necessary and suffi- cient to determine the tenancy, a year's notice so expiring is, after the commencement of the Act, made necessary by section 33, whether the contract of tenancy was made before or after the commencement of the Act. Thus a Michaelmas tenancy current ort the 1st January, 1884, will remain a current tenancy till Michaelmas, 1885. (6) Any particular agreement. See note to section 6, post. (c) Fair and reasonable compensation. The standard of what is fair and reasonable must be sought in the general provisions of this Act, but may be shortly stated to be " the value to an incoming tenant" (section 1). By the Agricultural Holdings Act, 1875 (section 13), the tenant was not entitled to any compensation in respect of feeding stuffs or pur- chased manures consumed on or applied to land from which there had subsequently been taken a crop of corn, potatoes, hay, or seed, or any other exhaustive crop. Although in many cases there might still be a 46 Sr 47 Vict. Cap. 61. 23 certain amount of " unexhausted improvement," not- Sect. 5. withstanding such crop has been taken, Avhich would ^ . be of value to the incoming tenant, it can hardly be assumed that an agreement embodying the provisions of the Act (1875) would be held to be otherwise than " fair and reasonable." There is no special provision ill this Act directing who is to be the judge of what is fair and reasonable compensation. If the tenant becomes dissatisfied with the agree- ment, it might ajDpear at first sigut that two courses are open to him — (1) to apply to a court of equity to cancel the agreement; (2) to serve notice under section 7 of his intention to claim compensation under the Act in respect of the improvements provided for in the agreement and induce the referee to set it aside. It is submitted, however, that the referee would have no power to do so, and that the only proper course open to the tenant is to apply to a court of equity to cancel it. The jurisdiction of the referee (or referees and umpire) appointed under this Act is defined by sections 8 and 17. By section 8 he is empowered to settle the ditt'erence between the landlord and tenant as to the amount, or mode, or time of payment of " compensation under the Act." If the tenant makes no claim for " compensation under the Act," a referee has no power to act at all; but if some "compensation under the Act" is claimed, and the referee thereby acquires jurisdiction to act, his power is not limited to settling the difference as to " compensation under the Act," but by section 17 he may ascertain such com- pensation as under sections 3, 4, or 5 is to be deemed to be substituted for compensation under the Act, if and so far as he can do so consistently with the terms of the agreement by which, under the provisions of those sections, compensation is substituted for com- pensation under the Act. This, however, it is sub- mitted, does not empower the referee to examine an 24 Agricidtural Holdings {England) Act, 1883. Sect. 5. aj^reement made, or jjurporting to be made, tinder j^Qj.g section 5 to decide whether the compensation secured thereby to the tenant is "fair and reasonable." His authority is limited to ascertaining, consistently with the terms of the agreement, what compensation the agreement provides and awarding that amount. By section 23, sub-section 2, it is made a ground of appeal against an award that it proceeds wholly or in part iipon an improper ajiplication of or upon the omission properly to apply the special provisions of section 5. This is explained by what has been said respecting the limits of the referee's authority, viz., that it is a ground of appeal against an award if the referee assumes juris- diction to decide that the compensation secured by an agreement under section 5 is not " fair and reason- able," and awards a different compensation in respect of the improvements mentioned in the agreement from that which the agreement itself provides. The referee, therefore, having no power to set aside or to ignore an agreement, purporting to be entered into in pursuance of this section, on the ground that it does not secure to the tenant " fair and reasonable " compensation, the tenant must take the initiative and apply to a court of equity to cancel it. The onus of proof that the compensation is not fair and reasonable will of course lie upon the tenant. The application should be made as soon as possible after the agreement has been entered into, or the tenant may find that equity will not assist one who sleeps over his wrongs. Regulations as to Compensation for Improvements. Kegula- Q^ In the ascertainment of the amount of the tions as to . n i • a i i i compensa- compensation under this Act payable to the tenant tion for -j^ respect of any improvement there shall be ments. taken into account in reduction thereof: 46 ^^47 Vict. Cap. 61. 2c (a.) Any benefit which the landlord has given Sect. 6. or allowed to the tenant in consideration of the tenant executing the improvement ; and (b.) In the case of compensation for manures the value of the manure that would have been produced by the consumption on the holding of any hay, straw, roots, or green crops sold off (a) or removed from the holding within 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 manure to to the holding has been made in respect of such produce so sold off or removed there- from ; and (c.) Any sums due to the landlord in respect of rent (b) or in respect of any waste (c) com- mitted or permitted by the tenant, or in re- spect of any breach of covenant or other agreement connected with the contract of tenancy committed by the tenant, also any taxes, rates, and tithe rentcharge due or be- coming due [d] in respect of the holding to which the tenant is liable as between him and the landlord. There shall be taken into account in augmenta- of the tenant^s compensation — [d.) Any sum due to the tenant for compensa- tion in respect of a breach of covenant or 26 Agricultural Holdings {England) Act, 1883. Sect. 6. 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 tenant committed or permitted in relation to a matter of husbandry (e) more than four years before the determination of the tenancy. The most iniiDortant question likely to arise under sub-section (a) is whether the granting of a lease by the landlord at a reduced rent containing covenants by the tenant to do certain improvements, is a benefit which the landlord has given to the tenant in con- sideration of the tenant executing the improvements, so as to be taken in account in reducing (or extinguish- ing) the amount of compensation which wouhl other- wise be payable to the tenant for such improvements. It seems tolerably clear that in pursuance of the last clause of section 4, an agreement in a lease that the tenant shall do all drainage works at his own expense in consideration of a reduction of rent, however small, would be good. It is quite clear that an agreement inserted in the lease to the effect that the landlord thereby consents to the making of any improvement mentioned in Part I. of the First Schedule upon the terms of the landlord being liable to pay only a very small proportion of the outlay as compensation would be good (sections 3 and 55), and this small proportion might take the form of reduction of rent. There re- mains therefore only the question of manures, &c., and other improvements comprised in Part III. of the First Schedule. By section 55, "Any contract, agreement, i or covenant made by a tenant, by virtue of which he is deprived of his right to claim compensation under this Act (except an agreement providing compensation as is 46 &; 47 Vict. Cap. 61. ^7 hj this Act permitted to be substituted for compensa- Sect 6. tion under this Act) shall so far as it deprives him oi Note, such right be void both at law and in equity." If a tenant covenants in a lease to use certain quantities of manure, or to farm on a four-course system with " proper manures in the most approved system of hus- bandry " in consideration of obtaining the holding at a reduced rent, he either remains entitled to compen- sation under the Act for such manures as he may use, or is deprived of his right to claim compensation under the Act by the operation of his covenant. There does not seem to be much doubt that according to the natural interpretation of agreements, the only compensation that the tenant would be entitled to would be the reduction of rent, which is the expressed consideration for his covenant, and consequently that the agreement would deprive him of his right to " compensation under this Act." Such an agreement would be therefore void under section 55, unless it can be bromxht within the terms of the 2nd clause of section 5, In order to fall within the terms of that clause, it must secure to the tenant " fair and reasonable compensation" for the improvements which he covenants to do, and will therefore in any case be open to review in a court of equity, which would decide whether the reduction in rent is a fair and reasonable compensation for the im- proveinents. But it is doubtful whether it comes within the provisions of section 5 at all. The agreement under the second clause of that section must be a particular agreement securing compensation to the tenant for an improvement mentioned in the third part of the First Schedule. If particular has any definite meaning, it must be the opposite of general ; and there would then be a distinction between a particular agreement securing compensation for any specified improvements, and a general agreement in a lease securing compensation (in the shape of reduction of rent or fixity of tenure) for all such improvements as the application of manures, con- 58 Agricultural Holdings [England] Act, 1883. Sect. 6. sumption of feeding stuffs, &c. If such a distinction ■jj + exists between particular and general agreements, and such an agreement as that suggested above were inserted in a lease, it would not come within the terms of the second clause of section 5, and consequently not within the exception of section 55. It would therefore be void, as depriving the tenant of his right to compensation under the Act, and the tenant, notwithstanding his covenant, would be entitled to compensation for his improvements, suljject to a deduction equal to the amount of rent saved to him under the lease, in accord- ance with the provisions of sub-section (a). (a) Sold off the holding. Under sub-section (6) the valuer, after estimating the value of all the manures for which compensation is claimed, must ascertain whether any hay, straw, roots, or green crops have been sold or removed off the hold- ing. That being done, he must further ascertain whether any proper return of manure {i.e., artificial manure or purchased feeding stuffs consumed on the holding) has been made in the place of the crops so re- moved. If he has already allowed compensation for the manures brought on to the holding in place of the crops removed, he must of course deduct the whole value that would have accrued to the holding by the crops remaining on it. If the tenant has not claimed for the particular manures brought on in return for the crops removed, the valuer must ascertain whether their value is equal to that of allowing the crops to re- main on the holding. If it is, no deduction must be made ; if it is not, the difference in value must be deducted from the total amount allowed for manures applied generally to the holding. These rules apply whether the tenant is or is not prohibited by covenant from selling any of the crops. If he is prohibited, that would be also a matter for reduction under sub- section (c), but in such a case the two sub-sections 46 8f 47 Vict. Cap. 61. 29- sliould be read together. If a proper return of manure Sect. 6. has been made, the damages for breach of covenant ^^^ ■wouM be nominal, and no reduction should be made under either sub-section. If a proper return has not been made, the valuer should make a reduction either under sub-section (b), or for breach of covenant, but not for both. (6) Rent. By section 47, if the compensation has been ascer- tained before the landlord distrains for rent due, it may be set off against the rent due, and the landlord shall not be entitled to distrain for more than the balance. If the tenant quits his holding before the whole year's, half-year's or quarter's rent becomes due, an apportioned part must be deducted as " rent due." (See 33 & 34 Vict. c. 35, ante.) (c) Waste, &c. Waste is anything done or suffered by the tenant which causes injury to the reversion, such as digging mines or quarries, felling trees, pulling down buildings, breaking up permanent pasture, suffering buildings or fences to fall into disrepair, &c. It is either voluntary i.e., active, such as felling trees; or permissive, such as suffering a house to fall into decay for want of repair. I A tenant for years is liable both for voluntary and permissive waste. {Yellowley v. Goiver, 11 Ex. at p. 294 ; Harnett v. Maitland, 16 M.' & W. 257 ; 4 D. & L. 545.) A tenant from year to year is not liable for permis- sive waste {Torriano v. Young, 6 C. & P. 8 ; Leach v. Tliomas, 7 C. & P. 327), unless there is an express cove- nant or agreement to do repairs. {Standen v. Christmas, 10 Q. B. 135 ; Bickford v. Parson, 5 C. B. 920.) For the particular acts which constitute waste, see Youl on Waste (1863), Woodfall's Landlord and Tenant, 11th ed., p. 566, et seq. The words "committed or per- mitted by the tenant " do not give the landlord any right against the tenant which he had not before this •30 ' Agricultural IJoldings {England) Act, 1883. Sect. 6. Act, e.g., it does not give him the right to claim for ■M-Qfg permissive waste against a tenant from year to year. By section 7, the landlord may before the determina- tion of the tenancy, or vrithin fourteen days thereafter, give a counter-notice in writing to the tenant of his intention to make a claim in resjject of waste or any breach of covenant or other agreement, which shall state, as far as reasonably may be, the particulars and amount of the intended claim. It would therefore seem to have been the intention of the legislature to qualify section 6, sub-section (c), so far as deductions for waste or breach of covenant by the tenant are con- cerned, by allomng such deductions only if the land- lord has duly given a cou^nter-notice of his claim in respect thereof. (d) Taxes, rates, and tithe rentcharge due or be- coming DUE. The tenant is not liable for more than an apportioned part of the taxes, &c., becoming due. The liability to pay rates, taxes, &c., as between landlord and tenant, is regulated by any agreement that may be made between them, except in the case of the property tax, which is always ultimately payable by the landlord, and any agreement to the contrary is void (5 & 6 Vict, c. 35, s. 103). In the absence of any agreement, the I landlord is ultimately liable to pay the land tax (38 Geo. 3, c. 5, s. 4) ; sewers rates for extraordinary repairs (Callis on Sewers, 140), and for new sewerage works or improvements (24 & 25 Vict. c. 133, s. 38) ; one-half of any cattle-plague rate (32 & 33 Vict. c. 70, s. 89) ; general district rates under the Public Health Act, 1875, where the rateable value of the premises is less than £10, or the premises are let to weekly or monthly tenants, or are let in separate apartments, or , the rents are payable or are collected at any shorter period than quarterly (s. 211). Other rates and taxes (uuless regulated by some local Act) are, as between the landlord and the tenant, payable by the tenant. 46^47 Vict. Cap. 61. 31 {e) Breach in relation to a matter of husbandry. Sect. 6. In determining what is and what is not a matter of j^ote husbandly, it should be borne in mind that the limita- tion of the landlord's right to recover for waste or breach committed or permitted within four years before the determination of the tenancy, was intended to apply to breaches by the tenant of the common covenant (expressed or implied) to cultivate on a four- course shift— and the limitation should therefore only apply to matters directly connected with the cultivation of the land, and not to collateral matters, such as non- repair of farm buildings, field walls, &c. Where there is no express covenant regulating the cultivation of the holding by the tenant, a covenant or promise is implied on the part of the tenant that he will manage and cultivate the lands in a good and husbandlike manner, according to the custom of the country. (Pouiey v. Walker, 5 T. R. 373 ; Legh v. Eeund, 4 East, 154 ; Wilkins v. Wood, 17 L. J., Q. B, 319.) Such a covenant or promise will be implied in , all tenancies however created, whether verbal or in writing, unless excluded by the terms actually agreed on. {WriggUsworth w Dallison, 1 Doug. 190; 1 Smith, L. C. 594 (8th ed.) ; and see cases there collected : Woodfall, L. & T. (Uth ed.) 157. Procedure. 7, A tenant claiming compensation under this Notice of intended Act shall, two months at least before the deter- claim. mination of the tenancy [a), give notice [b) in writing to the landlord of his intention to make such claim. AVhere a tenant gives such notice, the landlord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter- 32 Agricultural Holdings {England) Act, 1 883. Sect. 7. notice (c) in writing to the tenant of his intention to make a claim in respect of any waste or any breach of covenant or other agreement {d) . Every such notice and counter-notice shall state, as far as reasonably may be, the particulars and amount [e) of the intended claim. Notice by the tenant under this section is only necessary when the tenant intends to claim " compensa- tion tinder the Act ;" and is not necessary where the tenant is entitled to " compensation substituted for compensation under this Act " in pursuance of an agreement with the landlord under sections 3, 4, or 5. In cases however where the tenant claims compensation under the Act for improvements which are not pro- vided for in any agreement, and where he is therefore bound to give notice of such claims under this section, it would be advisable to include in the notice his claim for any compensation substituted for compensation under the Act to which he may be entitled under an agreement, in order that both claims may be before the referees and be included in the award in accordance with the provisions of section 17. (a) Two MONTHS AT LEAST BEFORE THE DETERMINATION OF THE TENANCY. The determination of the tenancy means "the cesser of a contract of tenancy by reason of effluxion of time or from any other cause" (section 61). In cases where the tenancy is determined by effluxion of time, it will be easy to calculate the day on or before wliicli the two months' notice must be given. But among the various other causes which may determine a tenancy (for which see Woodfall, L. & T. 11th ed., p. 268, et seq.) there are two, where it would be diffi- cult if not impossible to give a proj)er notice under this section. First, in the case of a lease for a life or 46 ^ 47 Vict. Cap. 61. 35 lives where the cause determining the tenancy is the Sect. 7. death of the person on whose life the lease depends. ^. Secondly, in the case of forfeiture and re-entry or ejectment pursuant to some proviso or condition in the lease for breach of covenant or condition. In all cases of a lease for a life or lives, the tenant should, if he wishes to obtain compensation under the Act, give notice under this section to his landlord whenever he makes any durable or permanent improvement on the holding, and from time to time repeat the notice so as to include his claim for feeding stuffs and manures. It would be also advisable for all tenants, in view of a possible forfeiture, to give notice under this section whenever they make any durable or permanent im- provement, so that although the amount of their com- pensation may be reduced by deduction for breach of covenant under section 6, sub-sect, (c), if a forfeiture takes place, they may nevertheless not lose their com- pensation altogether. By 14 & 15 Vict. c. 25, s. 1, where the lease or tenancy of any farm or lands held by a tenant at rack- rent shall determine by the death or cesser of the estate of any landlord entitled for his life or for any other uncertain interest, the lessee or tenant continues to hold until the expiration of the then current year of his tenancy, at the end of which his tenancy deter- mines without any notice to quit. (6) Shall give notice. The words of the section being imperative upon the tenant, giving notice is a condition precedent to obtain- ing compensation under the Act. There is no provision in the Act which enables a tenant, by application to a court of equity or otherwise, to rectify an omission to give the full two months' notice. If due notice is not given, the tenant will be unable to obtain compensation under this Act, and it is a matter of doubt whether he will be entitled to rely upon the custom of the country D 34 A(jricvltural Holdings [England) Act, 1883. Sect. 7. prevalent in the district in which his holding is situated. (See, however, note to section 67, •post.) Note. (c) Counter-notice. If the tenant serves no notice of claim, the landlord can serve no counter- notice upon the tenant, and if he has a claim against the tenant for waste or breach, he must proceed to enforce it by action at law. When the tenant serves notice it is optional to the landlord to serve a counter-notice, but if he does not do so, it is submitted that he cannot in the reference claim any deduction for waste or breach under section 6, sub- sect, (c). By omitting to give a counter-notice, however, he is not debarred from bringing an action for damages for waste or breach, as section 57 only makes it im- perative on the tenant to follow the procedure autho- rized by the Act. {d) Any Breach of covenant or other agreement. The covenant or other agreement must be one connected with the contract of tenancy. (See section 6, sub-sect. (c). (e) Particulars ano amount. There is no provision in the Act limiting the tenant's compensation to the items particularized in the notice ; the omission of any item may probably be rectified in evidence. But if the notice is too general in its terms, it may be considered not to be a compliance with the requirements of the Act, and the tenant will then be in the position of having given no notice at all. See Franks v. Hilver <£■ Co., Law Journal, 27th May, 1882. By section 7 of the Employers Liability Act (1883), it is provided that, " Notice in respect of an injury under this Act shall . . . state in ordinary language the cause of the injury ..." and the County Court Kules, 1880, Order 39 h, r. 4, provide, with regard to the particulars of demand to be served with a summons under the Act, "The particulars of demand shall 46 ^47 Vict. Cap. 61. 35 state in ordinary language tlie cause of the injury Sect. 7. . . . ." The plaintiff's notice stated that " he had j^^^e heen injured in consequence of being directed to stand upon a loose board in running water," and the parti- culars ol demand attributed his injury " to defect in the condition of the ways, works, machinery or plant connected with, or used in the business of the em- ployer." It was held, that the notice and particulars "were so vague as not to be a compliance with the Act, and the plaintiff was non-su.ited. For forms of notice and counter-notice, see post, Forms 11 and 12. 8. The landlord and the tenant may agree on Compen- the amount and mode and time o£ payment of 3^°^^ ^r compensation to be paid under this Act. settled by ^ ^ reterence. If in any case they do not so agree (a) the -difference shall be settled by a reference. An agreement under this section, unless made by deed, does not dispense with the necessity of the tenant giving notice under section 7. Unless such notice is given, the landlord is under no legal obliga- tion to pay any compensation to the tenant, except in the districts where such compensation is payable by custom. A promise, therefore, by the landlord, not under seal, to pay compensation when there has been no notice of claim by the tenant luider section 7, being without consideration would be nudum pactum and not •enforceable. The agreement need not be in writing. Care should be taken that a day should be fixed for the payment of the compensation, and if the agreement is in writing, the day should be named in the agreement, &s under section 24 the amount can only be recovered in the county court when it has not been paid within fourteen days after the time when it is agreed to be paid. For form of agreement see post, Form 13. d3 36 Agricultural Holdings [England) Act, 1883. Sect. 8. (a) If in any case they do not so agree. Note. A reference is necessary "whenever the parties do not agree upon all three points, viz., the amount, the mode, and the time of payment of the compensation, and the compensation that is claimed is " compensation under the Act." But from the analogy of the com- pulsory compensation clauses in the Public Health Acts of 1848 and 1875 (11 & 12 Vict. c. 63, s. 123; 38 & 39 Vict. c. 55, .s. 179), it would seem that if the landlord disputes not only the amount of the compen- sation payable, but also his liability to pay compensa- tion under the Act at all, as where the landlord sets up that the tenant is a tenant at will (section 61), or has occupied the holding as his bailiff (section 54), the Act does not compel or authorize a reference, {West V. Bownman, L. R. 14 Ch. D. 111.) The mere assertion, however, of the landlord that he disputes his liability to pay anything is not sufficient to oust the jurisdiction of a referee duly appointed by the tenant; some primd facie ground, at all events, for the assertion of non-liability must be shown. (Burgess v. Northvnch Local Board, 37 L. T. (n.s.) 355.) The jurisdiction of the referees is not ousted by the assertion of the landlord that the tenant has not com- plied with the special provisions of sections 3, 4, and 5, and is therefore not entitled to any compensation. It is the duty of the referees or umpire to consider whether those provisions have been complied with, and an appeal lies to the county court against their decision (section 23, sub-sect. 2). AppniTit- Q_ Where there is a reference under this Act, ment ot referee or a referee, or two rel'erees and an umpire, shall be referees ■ j. j f> n and appointed as toilows : — i^mpire. (j^ jf ^jjg parties concur, there may be a single referee appointed by them jointly : 46 6f 47 Vict. Cap. 61. 37 (2.) If before award the single referee dies or Sect. 9. becomes incapable of acting, or for seven days after notice from the parties, or either of them, requiring him to act, fails to act (a), the proceedings shall begin afresh, as if no referee had been appointed : (3.) If the parties do not concur in the ap- pointment of a single referee, each of them shall appoint a referee : (4.) If before award one of two referees dies {b) or 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 by either party shall be given to the other ' party : (6.) If for fourteen days after notice by one party to the other to appoint a referee, or another referee, the other party fails to do so, then, on the application of the party giving notice, the county court (c) shall within four- teen days appoint a competent and impartial person to be a referee : (7.) Where two referees are appointed, then (subject to the provisions of this Act) (d) they shall before they enter on the refer- ence (e) appoint an umpire (/) : 38 Agricultural Holdings {England) Act, 1883. Sect. 9. (8.) I£ before award an umpire dies {g) or be- comes incapable of acting, 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. For forms of appointment, request, &c., see post, Forms 14—23. {a) Fails to act. The referee may " fail to act " either by refusing altogether to undertake the reference after accepting his appointment, or by refusing to perform the duties which belong; to the office of an arbitrator. He does not, however, " fail to act " in refusing to comjily with the request of either party when compliance with such request is a matter within his discretion, as where a referee having, by mutual agreement of the parties, closed his examination of the witnesses, refuses to give another sitting and take additional evidence {Ringer V. Joyce, 1 Marsh. 404), or where at the close of a plaintiff's case a referee intimated that he was of opinion that the plaintiflF had no case and that the verdict should be for the defendant, and refused to take further evidence which the plaintiff thereupon tendered. {Hemming v. Parker, 14 W. R. 328.) Per- 1 sistent neglect to attend meetings which have been fixed for the hearing of evidence may be a failure to act; but where an arbitrator failed to attend one meet- 46 ^ 47 Vict. Cap. 61. 39 ing -which had been appointed on a plea of business, it Sect. 9. was held that this was not a " refusal to act " within the meaning of the arbitration clauses of the Lands Clauses Consolidation Act. {Hawley v. North Stafford- shire Railway Company, 2 De G. & S. 33; 12 Jur. 389.) (b) One op two referees dies, etc. In ordinary cases, if one arbitrator dies or fails to act, and the party who appointed such arbitrator fails to a^jpoint another, the remaining arbitrator may pro- ceed with the reference by himself. In a reference under this Act, however, one of two referees cannot act by himself, but another must be appointed under sub-section (6) of this section. (c) The county court Means the county court within the district whereof the holding, or the larger part thereof, is situate (section 61); and (by section 11) the judge of the county court may exercise his powers of appointment of a referee or umpire within or without the district ; so that the party applying for the appointment of a referee or umpire may apply at a court holden in any district within the jvtdge's circuit, or, by consent, may apply to the registrar. Under the County Court Rules, 1875, regulating the practice under the Agri- cultural Holdings Act, 1875, which contained identical provisions with this Act as to the appointment of referees and umpires, it was ordered by Order xxxiv. r. 7, that " Every application for the appointment of a referee or umpire shall be by summons sealed with the seal of the court, and returnable not less than seven days from the date thereof, except by consent. Such summons shall be taken out by the party apply- ing, and shall be addressed to the other party, and shall direct the party summoned to attend at the judge's or registrar's chambers (as the case may be) on the return day thereof, for the purpose of proceeding with the appointment asked for. Such summons shall Note. 40 Agricultural Holdings {England) Act, 1883, Sect. 9. be personally served by the applicant's solicitor. The •jTT appointment may be made by endorsement on the summons." The same practice must be pursued until fresh rules (if auy) are made under this Act. {d) Subject to the provisions of this act. The provisions of this Act here referred to are con- tained in section 10, which enables a party, on appoint- ing a referee, to give notice in -writing to the other party, requiring that the umpire shall be appointed by the Land Commissioners for England or by the county court. If such notice is given, the referees need not wait for the appointment of the umpire by the Land Commissioners or the county court, but may proceed with the reference at once, and in case they differ, submit their difference to the umpire when he is appointed. (e) Enter on the reference Means "having the parties before them and beginning to enquire into the matter." {Baker v. Stephens, 8 B. & S. p. 445; L. R 2 Q. B. p. 527; 36 L. J. Q. B. 236.) (/) Appoint an umpire. The disapproval of the landlord or the tenant to an umpire appointed by the referees is immaterial. {Oliver V. Collins, 11 East, 367.) The referees must meet and agree on an umpire, but it is not necessary that they should sign his formal appointment in each other's presence. {Re Hopper, L. R. 2 Q. B. 367.) They must use their judgment in making their selection of an umpire; if they do not, but merely appoint an umpire by lot, the appointment is bad. {Re Cassell, 9 B. & C. 624; European and American Steamship Company v. Croskey, 8 C. B. (n.s.) 397 ; L. J. 29 C. P. 155.) But if each referee names an umpire, and each agrees that the umpire named by the other is a fit person, but not being able to agree which of the two nominees shall 46^47 Vict. Cap. 61. 41 be appointed they decide the choice by lot, the ap- Sect. 9. pointment is good. {Re Hopper, supra) ^j^^ {g) If before award an umpire dies, etc. This provision only applies to an nnipire originally appointed by the referees. If the origin umpire was appointed by the Land Commissioners or by the county court, any successor to the umpire so appointed must be appointed by the Land Commissioners or the county court respectively (section 10). No provisicm is made for an umpire refusing or failing to act, as in the case of a referee. If he refuses to accept the appointment, there has of course been no real appointment of an umpire, and the referees may appoint some one else who will accept the appointment. But if the umpire accepts the appointment and afterwards refuses to act (without becoming incapable of acting), there is no special power in this Act given to the referees to ap- point another umpire. It seems, however, that they might appoint one at any time within the period during which they have power to make an award in pursuance of the general powers conferred upon arbi- trators by section 14 of the Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125). For mode of service of any appointment, notice, or request, see section 28. 10. Provided that, where two referees are Requjsi- ' _ tion for appointed, an umpire may be apointed as follows : appoint- (1.) If either party, on appointing a referee, u^jpi^g by requires, by notice in writing to the other, LandCom- that the umpire shall be appointed by the etc Land Commissioners for England, then the umpire, and any successor to him, shall be appointed, on the application of either party by those commissioners. 42 Agricultural Holdings [England) Act, 1883. Sect^lO. (2.) In every other case, if either party on appointing 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 suc- cessor 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. In the Agricultural Holdings Act, 1875, the Inclosure Commissioners for England and Wales were the autho- rity whose duty it was to appoint an umpire. Tlie Land Commissioners for England are substituted by the Settled Land Act, 1882 (45 & 46 Vict. c. 38, s. 48), for the commissioners formerly bearing the three several styles of the Inclosure Commissioners for England and Wales, the Copyhold Commissioners, and the Tithe Commissioners for England and Wales : and all Acts of Parliament passed before the 1st January, 1R83, shall be read and have the same effect as if the Land Commissioners were therein mentioned instead of one or more of the three several bodies of commissioners aforesaid. For form of notice requiring umpire to be appointed by the Land Commissioners, see post, Form 24; by county court, Form 25; of notice of dissent to appoint- ment by county court. Form 26. 1 Exercise of H. The powers of the county court under county ttis Act relative to the appointment of a referee court. 46 ^ 47 Vict. Cap. 61. 4S or umpire shall be exercisable by the judge o£ the Sect. 11. court having jurisdiction, whether he is without or within his district, and may, by consent of the parties, be exercised by the registrar of the court. For the County Court Rules, 1875, regulatiug the procedure iu the county court in matters arising from the procedure clauses of the Agricultural Holdings Act, 1875, see post (Statutes). As the procedure in the county court under this Act is identical with that under the Act of 1875, these rules will probably be re-issued with a change inthemimeration of the sections referred to. 12. The delivery to a referee o£ his appoint- Mode of •^ _ submis- ment shall be deemed a submission to a reference sion to by the party delivering it ; and neither party shall have power to revoke a submission, or the appointment of a referee, without the consent of the other. The appointment must be in Avriting (sect. 9, sub- sect. 10), and must be served on the referee in the manner directed by sect. 28. The submission is appa- rently not revoked by the bankruptcy or insolvency of either party. (Hemsivorth v. Brian, 1 C. B. 131 ; Hobhs V. Ferrars, 8 Dowl. 779.) Before the Married Womens' Property Act, 1882, the marriage of a woman who was a party to a submission before the award was made, was a revocation of the submission. (Charnley v. Winstanley, 5 East, 266.) But since the passing of that Act a married woman retains all the civil rights of contract which she pos- sessed as a feme sole, and her marriage would not now operate in law as a revocation. 44 Agricultural Holdings {England) Act, 1883. Sect. 13. 13. The referee or referees or umpire may Power for f,^\ fQj. i\^q production of any sample, or voucher, referee, < . .... &c., to or other document, or other evidence which is m pTOduc- t^6 possession or power of either party, or which tion of either party can produce, and which to the referee ments, or referees or umpire seems necessary for deter- administer .,• r»ji ^^ £ j j j. ^ oaths &c. mination or the matters referred, and may take the examination of the parties and witnesses on oath, and may administer oaths and take affirma- tions ; and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury. Neither of the parties has power to compel the attendance of witnesses or the production of docu- ments or any kind of evidence. 3 & 4 Will. 4, c. 42, 8. 40, which provides for the compulsory attendance of witnesses and production of documents, applies only to references made by rule of court, or judge's order, or order of nisi prius in any action ; and section 7 of the Common Law Procedure Act, 1854, dealing with the same matter only applies to compulsory references made in actions brought in the Superior Courts, and to references made by consent of parties where the sub- mission is or may be made a rule or order of court, As by section 21 of this Act '' a submission or award shall not be made a rule of any court," neither the pro- visions of 3 & 4 Will. 4, c. 42, nor of the C. L. P. Act, 1854, apply to submissions under this Act, which in this respect are in the position of voluntary submis- sions, and the attendance of witnesses is in consequence purely voluntary and cannot be enforced by subpoena. {Webb V. Taylor, 1 D. & L. p. 683.) The referees or umpire, however, have more power over the parties than the parties have over each other, and, though 46 ^47 VicL Cap. 61. 45 they cannot compel the attendance of witnesses, Sect. 13 can nevertheless under this section insist upon the ^^q_ production of the document?, &c. which either party can produce ; and it is probable that compliance with their demand might be enforced by writ of attachment (Arbuckle v. Price, 4 Dowl. 174), to be obtained on application to a court or judge. For form of notice to produce, see post, Form 27. It is not absolutely necessary that the evidence before the referees or umpire should be taken on oath ; the parties may waive the solemnity. But unless both parties expressly agree to waive it, the evidence must be taken on oath. {Wakefield v. LlancUy Railway and Dock Co., 34 Beav. 245.) The referees or the umpire have full power to regu- late the course of proceeding in matters before them, but they are bound to observe the ordinary rules which are laid down for the administration of justice, and if either party is prejudiced by the non-observance of such rules, the award may be set aside. {In re Haiyh's Estate, 31 L. J. Ch. 420.) 14. The referee or referees or umpire may Power to proceed in the absence of either party where the absence/ same appears to him or them expedient, after notice given to the parties. It is not quite clear whether the notice required Ijy this section is simply notice of an appointment to go on with the reference, or a distinct notice that the reference will be proceeded with ex parte unless both parties attend. Where in an order for arbitration it ■was stated that, if either party should not attend after reasonable notice, the arbitrator might proceed ex parte, it was held that notice of an appointment of a meeting was sufficient, and that the arbitrator was justified in proceeding ex pa/rte without warning the party who 46 Agricultural Holdings [England) Act, 1883. Sect. 14. absented himself that he intended to do so. {Scott v. j^^_ Van Sandau, 6 Q. B. 237,) And where the notice was simply " to view the premises and to go into the refer- ence," it was held that the arbitrator was justified in proceeding with the reference ex fcirte on the non- attendance of one of the parties. (Tryer v. Shaw, 27 L. J. Ex. 320.) On the other hand, where the arbitrator had sent two notices of a meeting marked " peremptory," and had adjourned both of them in consequence of the non-attendance of one of the parties, and then sent a third notice which was not marked "peremptory," and did not state that the arbitrator would proceed in the party's absence if he did not attend, it was held that the arbitrator was not justified in proceeding exparte with the reference, and his award was set aside. {Gladwin v. Chilcote, 9 Dowl. 550.) On the whole it would seem to be more prudent to give notice of an intention to proceed ex parte in case of non-attendance, though it may not always be con- sidered absolutely necessarj' to do so. Such notice may be either verbal or in writing, and should by way of precaution be repeated on the occasion of every appointment. For form of notice, see piost, Form 28. 15. The award shall be in writing, signed by the referee or referees or umpire. For form of award see post, Form 30. 16. A single referee shall make his award referee or ready for delivery within twenty-eight days after referees. , . . , his appointment. Two referees shall make their award ready for delivery within twenty-eight days after the ap- pointment of the last appointed of them, or Form of award. Time for award of 46 ^ 47 Vict. Cap. 61. 47 -within such extended time (if any) as they from Sect. 16. time to time jointly fix by writing under their Note. 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. A single referee has no power under this Act to enlarge the time for making his award, and if the award is not made within the twenty-eight days limited by this section, it will be void {Evans v. The Lancashire and Yorkshire Raihvay Co., 1 E. & B. 754), in which case an award made by a single arbitrator in an arbitration under section 68 of the Land Clauses Consoli- dation Act, 1845, more than the three months after his appointment limited by section 23 of that Act, the other party having failed to appoint an arbitrator, was held to be out of time and void. Failure to make the award within 28 days would seem to be a " failure to act " within the meaning of section 9, sub-sect. 2, and the proceedings must begin afresh. Where there are two referees the enlargement of time should be made, if at all, before the expiration of the original twenty-eight days (Tidd's Practice, vol. 2, p. 827, 9th ed.), but an objection that the time for making an award has not been duly enlarged is, it seems, waived by proceeding on the reference with a knowledge of that fact {Latm-ence v. Hodgson, 1 Y. & J. 16.) Notice of the enlargement of time must be given to the parties. {Davis v. Vass, 15 East, 97.) For form of extension of time by referees, see post, Form 29. If the joint award of the two referees is not ready for delivery within the forty-nine days, the authority of the referees ceases, and the matters referred to them thereupon stand referred to the umpire. (Sect. 18.) 48 Agricultural Holdings [England) Act, 1 883. Sect. 17. \^ , In any case provided for by sections Award in three, four, or five, if compensation is claimed respect of . , compeusa- under this Act, such compensation as under any SioM ? o^ *^°^^ sections is to be deemed to be substi- 4, and 5. tuted for compensation under this 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 (a), dis- tinguish such improvements and the amount awarded in respect thereof ; and an award given under this section shall be subject to the appeal {b) provided by this Act. Under section 8 the powers of the referees or umpire are confined to settling the difference between the landlord and tenant as to the amount and mode and time of payment of "compensation under this Act," and do not extend to the settlement of any differences between the parties arising out of any agreement pro- viding compensation peimitted by sections 3, 4, or 5 to be substituted for compensation under this Act. This section does not give the tenant the right of com- pelling a reference merely to settle differences arising out of such agreements, which must be settled in a court of law. Where, however, the tenant has executed improvements for which compensation is not provided by an agreement made in pursuance of sections 3, 4, or 5, and can consequently claim to have the compen- sation for such improvements assessed by a reference, the referees or umpire are bound (at the instance of either party) to ascertain the amount of compensation provided for by any agreement under sections 3, 4, or 46 ^ 4^7 Vict. Cap. 61. 49 5, if and so far as they can do so consistently with the Sect. 17. terms of the a7 Vict. Cap. 61. 53 "be dealt with separately, e. g., in estimating the com- Sect. 19. pensation payable for manures, compensation must be ^^^ awarded to the full value to the incoming tenant of the manures applied; and then the full value of the manure that would have been produced by the con- sumption on the holding of roots, &c., sold off the holding must be estimated and deducted, so that both values may appear in the award and both parties may have complete means of knowledge to enable them to appeal against the award if so advised. For form of award see post, Form 30. 20. The costs (a) of and attending the refer- Costs of ' , reference. ence^ including the remuneration of the referee or referees and umpire {b), where the umpire has been required to act^ and including 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 unreasonableness 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 wliole 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 appli- cation of either party, but that taxation shall be subject to review by the judge o^he county DEC.1920 . 54 Agricultural Holdings {England) Act, 1883. Sect. 20. (a) Costs. Note. This section gives the referees or umpire absolute ■ discretion in awarding costs either wholly or in part to- either party, but it also implies that they shall make some award as to the costs. If no direction is given in the award as to costs, it will not be final, and will therefore be invalid. {Richardson v. TForsley, 5 Ex. 613.) In that case an agreement of reference con- tained a stipulation " that the costs of the agreement and of the reference and award shall be in the dis- cretion of the arbitrator, and be defrayed as he shall direct." The arbitrator awarded that the defendant should pay a certain sum to the plaintiff, but made no mention of costs. It was held that the award was bad in consequence, Alderson, B., remarking, "The meaning of the agreement of reference is that the arbi- trator shall award respecting the costs, but that it shall be in his discretion to direct in what manner they shall be paid." Such appears to be exactly the mean- ing of this section. But it is no ground of appeal under section 23 that the referees or umpire have made what may appear to be an unreasonable order respecting the costs of the reference; even a successful party may be ordered to pay all costs of the reference. {Fearon v. Flinn, L. R. 5 C. P. 34.) The costs of the reference include the costs of pre- paring and making the award. ( Walker v. Brown, 51 L. J. Q. B. D. 424.) If the referees undertake the reference, but fail to make an award by reason of their disagreement, and the matter is referred to the imipire, the fees due to the referees form part of the costs of the umpirage, not of the reference. {Ellison v. Ackroyd, ^ 20 L. J. Q. B. 193.) ' (6) Remuneration of the referee or referees and UMPIRE. The referee or umpire cannot conclusively or judi- cially settle his own fee. {Roberts v. Eherhardt, 28- 46 6f 47 Vict. Cap. 61. 55 L. J. C. P. 74.) The award ought not to fix the Sect. 20. amount of the referee's or umpire's fee, or direct the jj . manner in which it is to be paid {hi re Coombs, 4 Exch. 839); if it does, it may be set aside as to that part {George v. Lousley, 8 East, 13), though an alfidavit must be made that the amount so fixed is excessive. {Bose V. Redfern, 10 W. R. 91). The proper course is for the referee or umjiire to dechxre in the award that both parties are to share in certain proportions, or tliat one party is to pay " the costs of the award, including • the remuneration to the referee [or to the referees and umpire] " without specifying any particuh\r sum. The amount of the remuneration should, however, be stated in the notice sent to the parties by the referees or umpire to inform them that the awakl is ready for deliver)^, and the award should not be delivered to either party until such remuneration is paid. (Ponsford V. Swaine, 1 Johnst. & Hem. 433; Reg. v. South Devon Raihvay Company, 15 Q. B. 1043.) No scale of costs has been drawn up applicable to proceedings in a reference under this Act or under the Act of 1875, The decision of the judge on reviewing the taxation of costs cannot be appealed against to a superior court (Carr v. Stringer, E. B. & E. 123; 4 Jur. (n.s.) 439); nor can a superior court order a judge to review a taxation {Clifton v. Fiirley, 7 H. & N. 783 ; 31 L. J, Ex. 170). 21. The award sliall fix a day, not sooner Day for payment. than one month after the delivery of the award, for the payment of money awarded for compen- sation, costs, or otherwise. 22. A submission or award shall not be made Submis- 1,1 sion not to a rule or any court, or be removable by any pro- 56 Agricultural Holdings [England) Act, 1883. Sect. 22. cess into any court, and an award shall not be questioned otherwise than as prorided by this Act. be remov- able, &c. Appeal to county court. Unless the sum claimed by the tenant as compensa- tion exceeds ^100, the award cannot be questioned at all. When the sum claimed exceeds .£100, an appeal against the award lies to the county court in which the holding or the greater part thereof is situate (section 61), on the grounds and within the period limited by section 23, irrespective of the amount awarded. 23. Where the sum claimed for compensation exceeds one hundred pounds, either party may, within seven days after delivery of the award, appeal against it to the judge of the county court on all or any of the following grounds : (1.) 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 sections three, four, or five of this Act ; (3.) That compensation has 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 not entitled to compen- sation ; (4.) That compensation has not been awarded for improvements, acts, or things, breaches of 46^-47 Vict. Cap. 61. 5/ covenants or agreements, or for committing Sect. 23. or permitting waste, in respect of which the party claiming was entitled to compen- sation ; and the judge shall hear and determine the ap- peal (a), and may, in his discretion, remit the case to be 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. If no appeal is so brought, the award shall be final. The decision of the judge of the county court on appeal shall be final, save that the judge shall, at the request of either party, state a special case {b) 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 connected therewith, shall be final, and the judge of the county court shall act thereon. The objections to an aAvard under sub-section (1) on Objections the ground that it is invalid, are such as may be urged under sub- against any award, viz., informality in some of the ' ^' stages of the proceedings, misconduct, mistake, or want of jurisdiction on the part of the referees or umpire, or that it was not made within the time limited. The objections to an award Under sub-section (2) Objections may be :- under sub- . sect. (2). I. If a sum is awarded as compensation under the Act in respect of an improvement comprised in. the first part of the First Schedule — 58 Agricultural Holdings {England) Act, 1883. Sect. 23. (1.) That the improvement was executed before ■j^~Z the commencement of the Act (1st January, 1884). (2.) That the tenant did not previously obtain the consent of the landlord or his duly authorized agent. (3.) That if such consent was obtained it was not in writing. (4.) That such consent was given before the passing of the Act (25th August, 1883). (5.) That such consent was conditional, and the tenant has not observed the conditions. If a sum is awarded as " compensation substituted for compensation under the Act " (in pursviance of section 17) — (6.) That the agreement made between the land- lord and tenant provided a different compensation from that awarded. (7.) That the tenant has not observed the terms and conditions of the agreement. II. If a sum is awarded as compensation under the Act in respect of drainage — (1.) That the tenant did not give notice to the landlord of his intention to execute the work, and of the manner in which he proposed to do it. (2.) That such notice was given more than three months or less than two months before beginning to execute the work. (3.) That such notice was not in writing. (4.) That the notice of the manner in which the tenant proposed to do the work did not give suf- ficient particulars. (5.) That the work was not executed in accordance with the notice. (6.) That the landlord undertook to execute the work, and the tenant did not wait a reasonable time to allow him to comply with his undertaking. If a sum is awarded as " compensation substituted for compensation under the Act " — 46 ^ 47 Vict. Cap. 61. 59 (7.) That the referees or umpire have not awarded Sect. 23. the compensation provided by the agreement made jq - between the landlord and the tenant. (8,) That the tenant was not entitled to compen- sation by reason of his not having observed the con- ditions of the agreement. III. If a snm is awarded as compensation substi- tuted for compensation under the Act in respect of improvements mentioned in the third part of the First Schedule — That the compensation awarded has not been ascertained in accordance with the terms of the agreement. (See note to section 5, ante, and to section 17, ante.) TV. If the tenancy was a tenancy current at the commencement of the Act, and a sum is awarded for compensation in respect of any improvements men- tioned in the First Schedule executed after the com- mencement of this Act, it may be objected — That compensation has been awarded under this Act in respect of such improvements, instead of in pursuance of some agreement, or custom, if any such exist, or of the Agricultural Holdings Act, 1875, if that Act applies to the holding, and such agreement, custom, or act provides specific compensation for the t-ame. The objections to the award under sub-section (3) Objections include the following :— "i^der sub- . sect. (3). I. If the improvement is one mentioned in the first or second part of the First Schedule, and was exe- cuted before the commencement of the Act (section 2) — (1.) That the improvement was executed more than ten years before the commencement of the Act. (2.) That the landlord has not declared his consent to the making of such improvement. (3.) That such consent has not been declared in writina;. 60 Agricultural Holdings {England) Act, 1883. Sect. 23. (4.) That sucli consent was declared in \mting ■jTT more than one year after the commencement of the Act. (5.) That such consent is not in the handwriting or signed by the landlord. (6.) That notwithstanding such consent has been declared, the tenant is not entitled to compensation nnder the Act, but under some contract, custom, or the Agricultural Holdings Act (1875), and that the referee has awarded compensation in excess of that provided by such contract, custom, or Act. II. If the improveinent is one mentioned in the third part of the First Schedule, and was executed before the commencement of the Act — (1.) That such improvement was executed more than ten years before the commencement of the Act. (2.) That compensation is not payable under this Act, but under some contract, custom, or the Agri- cnltural Holdings Act (1875), and that the referee has awarded compensation in excess of that provided by such contract, custom, or Act. III.— (1.) That the tenant did not give notice to the landlord two months before the determination of the tenancy of his intention to make a claim for com- pensation nnder the Act (section 7). (2.) That compensation has been awarded for matters not included in the tenant's notice of claim. IV.— (1.) That the landlord did not give a counter- notice to the tenant before the determination of the tenancy or within fourteen days thereafter of his intention to claim for waste or breach of covenant (section 7), and that compensation has been awarded I to the landlord, or that the tenant's compensation has been reduced, in respect of waste or breach of covenant not specified in the landlord's counter- notice. 46 &;47 Vict. Cap. 61. 61 {a) The judge shall hear and determine the Sect. 23- APPEAL. l^e. Until new County Court Rules are made regulating the procedure in the countj^ court under this Act, Order xxxiv. of the County Court Rules, 1875, must, so far as applicable, be followed. (See pout, Statutes.) Special case. The procedure in appeal by special case is regu- lated by Order xxix. of the County Court Rules, 1875 {'post, Statutes), and is applicable to appeals by special case under this Act. The judge has no dis- cretion under this section to refuse to state a special case on a question of law. If any party is aggrieved by the refusal of the judge to state a case, he may apply to a divisional court of the High Court of Justice for a rule (substituted for writ of mandamus) calling upon the judge to show cause why he should not state such case. (19 & 20 Vict. c. 168, ss. 43, 44 ; 21 & 22 Vict. c. 74, s. 4. See post, Statutes.) OA Where any money asrreed (a) or awarded Recovery •' ./ox/ of compen- or ordered on appeal to be paid for compensa- satlou. tion, costs^ or otherwise, is not paid within four- teen days after the time when it is agreed or awarded [b) or ordered to be paid, it shall be recoverable [c), upon order made by the judge of tbe county court, as money ordered by a county court under its ordinary jurisdiction to be paid is recoverable. (a) Money agreed to be paid. It seems probable that the "money agreed to be paid for compensation " in this section was meant to refer only to the amount agreed between the landlord ■63 Agricultural Holdings [England) Act, 1883. Sect^24. and tenant after notice by the tenant in pursuance of Note. section 8, and not to compensation agreed under sec- tions 3,4, or 5, which by section 17 must be included in the award when the award is made. As, however, the words of this section are general, and " the money agreed to be paid " is not limited to " money agreed to be paid for compensation under the Act" (as provided by section 8), there seems to be no reason why the compensation (if any) agreed under sections 3, 4, or 5 should not be included in the terms " money agreed to be paid for compensation or otherwise," and be re- coverable in the manner provided by this section, in the event of there being no reference, or in the event of the referees not including it in the award on account of their being unable to ascertain the amount " con- sistently with the terms of the agreement." (6) Awarded. The award must fix a day for payment not sooner than one calendar month after the delivery of the award (section 21). (c) Recoverable, &c. That is by execution against the goods of the person, upon whom the order for payment is made, under sec- tion 94 of The County Courts Act, 1846, and Order xix. rr. 1-5, of The County Court Rules, 1875 (jpost, Statutes). Appoint- 25. Where a landlord or tenant is an infant ment of _ guardian without a guardian, or is of unsound mind, not so found by inquisition, the county court, on the ap- plication of any person interested, may appoint a guardian of the infant or person of unsound mind for the purposes of this Act, and may change the guardian if and as occasion requires. 46 6f 47 Vict. Cap. 61. 63 By section 61 " a tenant " includes " the guardian of Sect. 25. a tenant." The guardian of a landlord is not person- j^^. ally liable for the payment of compensation under or in pursuance of this Act (section 31). Although this section is identical with section 38 of the Act of 1875, no rules of procedure have been laid down applicable to it. Unless otherwise provided by rules to be made hereafter, the best course would be for the "person interested" to make the application by motion, ex parte in the first instance ; the judge may then decide whether the applicant is prima facie *' a person interested," and, if so, may direct upon whom notice of the hearing of the motion shall be served. 26. Where the appointment of a person to Provisions n ■ -, r • 1 • respecting act as the next friend of a married woman is re- married quired for the purposes of this Act, the county court may make such appointment, and may re- move or change that next friend if and as occasion requires. A woman married before the commencement of the Married Women's Property Act, 1882, en- titled 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 (a) as if she was unmarried. Where any other woman married before the commencement 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 women. 64 Agricultural Holdings [England) Act, 1883. Sect. 26. before such commencement as aforesaid, her hus- band's concurrence shall be requisite {b), and she shall be examined apart from him by the county court, 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 in- tended act, and it shall be ascertained that she is acting freely and voluntarily. A next friend is only required by the county court for a married woman when she is unable to give security for costs. Order 5, r. 7 (County Court Rules, 1875). A woman married after 1st January, 1883, re- quires no next friend. For the purposes of this Act married women are divided into three classes, according to the proprietary powers which they possess : I. Women married after the commencement of The Married Women's Property Act, 1882 (1 Jan. 1883), and women married before that Act, but whose title to land accrued after that date. Their powers are regulated by that Act, i.e., subject to the provisions of their marriage settlements (if any), they are for all purposes of holding and dealing with property as if they were unmarried. II. Women married before the 1st January, 1883, entitled for their separate use to land, their title to which accrued before that date, and not restrained from anticipation. Such married women are for the purposes of this Act as if they were unmarried. III. All other married women entitled to land. When any married woman, not included in the first j two classes, is desirous of doing any act under this Act in respect of land, she m^^st (1) obtain her husband's concurrence; (2) be examined separately by the judge of the county court for the place where she for the 46 ^ 47 Vict. Cap. 61. 65 time being is. There is some difficulty in ascertaining Sect. 26. what is meant by " any act under this Act in respect -^q, of land." In the first place, it is an act done in the capacity of either landlord or tenant. (See sections 38 and 39 for the words used where a landlord's powers only are affected.) The possible "acts under this Act in respect of land " which can be done by a tenant are : 1. Making improvements mentioned in the First Schedule. 2. Removing fixtures from the holding and mak- ing good the damage caused by such removal (section 34). 3. Giving notice to the landlord that he accepts the landlord's notice of resumption of part of the holding as notice to quit the entire holding (section 41). There is no difficulty about (3). Giving the notice to the landlord is clearly an act in respect of land, and being only operative under the provisions of this Act, is therefore an act " under this Act." The same may be said with rejgard to (2), in so far as the removal of the fixtures is not provided for by 14 & 15 Vict. c. 25, s. 3, or by custom. But with regard to (1), it is submitted that a distinction must be made between the various kinds of improvements. " Making an improvement " is not in itself " an act under this Act," i.e., it is not an act which but for this Act would be either illegal (as the removal of fixtures) or inoperative (as notice to the landlord under section 41). But in the case of improvements men- tioned in the first and second parts of the First Schedule, if the tenant does certain acts in the nature of conditions precedent specified in sections 3 and 4, he thereby acquires a new right, viz., that of receiving compensation for his improvements. To take the case of drainage. A tenant may drain a field independently of this Act. If he does, he may be en- titled under the terms of a particular agreement, or by F 66 Agricultural Holdings [England) Act, 1883. Sect. 26. custom, to some compensation; but in the absence of Note agreement or custom, he cannot recover any of his out- lay on quitting his holding. But by the pro\nsions of this Act, if he does a particular act, viz., if he gives his landlord a written notice of his intention to execnte the drainage works, he becomes entitled to compensa- tion for them. Giving such notice is an act to which new consequences are attached by this Act : without the Act it would be inoperative; it is, therefore, an " act under this Act." Moreover, giving a notice that a tenant intends to drain land is clearly an act " in respect of land," which is a phrase of the widest exten- sion. So that it would seem that while the actual execution of drainage works is not " an act under this Act in respect of land;" giving the due notice to the landlord of the intention to execute the improvement is such an act; or if giving the notice and proceeding to the execution of the works is regarded as one con- tinuous act, then the whole proceeding is " an act under this Act." The same reasoning applies to im- provements mentioned in the first part of the First Schedule; obtaining the previous consent of the land- lord being the act to Avhich new consequences are attached by this Act, and being therefore "an act under this Act." In the case, however, of improvements mentioned in the first or second parts of the First Schedule being executed upon terms, as to compensation or otherwise, as may be agreed upon between the landlord and tenant, it is doubtful whether they can be considered as "acts under this Act." It is true that this Act sanctions such agreements, and provides a certain course of procedure by which the money payable thereunder can be more readily recovered; but in- dependently of this Act the same agreements could have been made and the same improvements executed, with exactly the same consequences, except such as are involved in the,-,change of legal procedure. If, for 46 af 47 Vict. Cap. 61. 67 instance, a tenant agreed with the landlord to build a Sect. 26. new barn in consideration of the landlord granting Note. a fresh lease of the holding for twenty-one years, it would be impossible to say whether the agreement was entered into in pursuance of section 3 or not, and consequently whether or not building the barn was "an act under this Act." It would seem, therefore, that improvements executed in pursuance of agreements made between the landlord and tenant are not " acts under this Act," unless it is specially stated in the agreements that they are entered into under the pro- visions of the Act. In the case of improvements mentioned in the third part of the First Schedule, the tenant is not bound to observe any conditions precedent before executing them. The tenant will execute them in precisely the same way as he did before this Act, though he will be entitled to claim compensation for them on quitting his holding. They cannot, therefore, be said to be " acts under this Act." Indeed, the consequences would be absurd if they could, as a married woman, every time she was desirous of manuring a field, would have to obtain her husband's consent, and be separately examined touching her knowledge of the nature and effect of the intended act. To summarise : it is submitted that the execution of improvements mentioned in the first and second parts of the First Schedule, if the conditions precedent to such execution imposed by the Act are observed so as to entitle the tenant to claim compensation under' the Act, are " acts under this Act in respect of land;" but that the execution of such improvements under agree- ments with the landlord not stated to be entered into in pursuance of the Act, and the execution of im- prowments mentioned in the third part of the First Schedule are not "acts under this Act," so as to necessitate a married woman's obtaining her hus- band's consent thereto, and being separately examined f2 68 Agricultural Holdings [England] Act, 1883. Note. Sect. 26. l^y the county court judge toucMng her knowledge thereof. The " acts under this Act in respect of land " which may be done by a landlord appear to be : — (1.) Giving unconditional consent to the tenant's executing an improvement mentioned in the first part of the First Schedule; or undertaking to execute drainage works after notice has been given by the tenant of his intention to execute them, and charging the tenant with the repayment of the outlay. As conditional consent might be given, and as drainage works might be executed by the landlord without notice from the tenant independently of this Act with the same consequences as under this Act, such acts, as before stated, do not appear to be "acts under this Act." (2.) Obtaining a charge on the holding, under sec- tion 29, for the amount paid as compensation to the tenant, or expended in the erecting drainage works, (3.) Electing to purchase fixtures from the tenant i;nder section 34, sub-sect. 5. (4.) Resumption of part of the holding, with a view to the use thereof, for any of the improvements under section 41. A landlord, therefore, who is a married woman coming within the provisions of the third clause of this section, must obtain her husband's consent and be privately examined by the judge of the county court before doing any of the Acts here enumerated. It is not obvious what will be the result of non- compliance with the provisions of this section. If a married woman, without the concurrence of her hus- band, or without being separately examined by the county court, gives her written consent to a tenant's executing an improvement mentioned in the first part of the First Schedule, does the tenant thereby lose his right to compensation for the improvement 1 It may be that he does, on the ground that he ought 46 ^ 47 Vict. Cap. 61. 69 to have required the consent to be signed by the Sect. 26i husband as well as the wife. Or if a married ^T woman, being tenant, and acting without the con- currence of her husband, &c., obtains the previous consent of her landlord to the execution of an im- provement mentioned in the first part of the First Schedule, is she debarred from claiming compensation in respect thereof? Or if a married woman, being landlord, after notice from a tenant of his intention to execute drainage works, undertakes without the con- currence of her husband to execute them herself, is she debarred from charging the tenant with repayment of the outlay under section 4 ? It is submitted that on equitable grounds the want of the husband's concur- rence cannot be set up as a defence in the one case to the payment of compensation to the tenant, or in the other to the payment of the charge by the tenant. The section seems to admit of being interpreted so as allow the husband to prevent his wife from incurring any liability without his concurrence by "an act imder this Act," but not so as to give the other party a means of escaping from any obligation to the wife by .setting up the non-conciirrence of her husband as a defence to her claim. Where, however, the powers given either to the land- lord or tenant may be exercised to the detriment of the other, it is submitted that, if exercised by a married woman, the provisions of this section must be strictly observed. Thus, if a married woman, being landlord, wishes to resume part of the holding under section 41, or to deprive the tenant of his right to remove any fixtures by exercising her right of pre-emption under section 34, sub-sect. 5, or, being tenant, to deprive the landlord of his common law right to the fixtures on the holding under section 34, the husband's concur- rence must first be obtained, and the married woman separately examined, or the other party may treat the notices wliich are made conditions precedent to such 70 Agriciiltnral Holdings {England) Act, 1883. Sect. 26. acts by the said sections as nullities, and resist the j^Q^g^ exercise of the powers under these sections, on the ground that the notices required by the Act have not been given. (a) Land. All corporeal hereditaments consisting of substantial and permanent objects are comprehended under the general denomination of land, which includes not only any ground, soil, or earth whatever, but everything under or over it. (See 2 Black. Comm. 18.) (h) Her husband's concukeence shall be requisite, etc. No provision is made for testifying the husband's concurrence in his wife's act. But where the act con- sists either wholly or in part of giving a written notice or consent, it is submitted that the husband must sign such notice or consent, on the analogy of 3 & 4 Will. 4, c. 74, s. 78. Costs in f^—f county Ai. 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 prescribe a scale of costs for those proceedings, and of costs to be taxed by the registrar of the court. No scale of costs has yet been drawn up in pursu- ance of this section. The costs to be taxed by the registrar, are the costs of the reference (section 20). This section is identical with section 40 of the Act of 1875. By Order 38 of the County Court Rules, 1875, the ordinary costs of proceedings in a county court were made applicable to proceedings under the Act of 1875, and it is probable that they will, remain so for proceedings under this Act. court. 4^6^47 Vict. Cap. ei. 71 28. Any notice, request, demand, or other Sect. 28. instrument under this Act may be served on the Service of HotlCG &C person to whom it is to be given, either personally ' or by leaving 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 contain- ing it would be delivered in ordinary course ; and in order to prove service by letter it shall be suffi- cient to prove that the letter was properly addressed and posted, and that it contained the notice, request, demand, or other instrument to be served. As in some of the cases arising under the pro\'isions of this Act it is necessary to serve the landlord himself with notice, it will always be advisable for a tenant in the first instance to serve the landlord in one of the modes provided by this section ; if the landlord then gives notice to the tenant to serve sul)sec[uent notices on his agent, the tenant may safely do so ; if not, he • should continue to serve them on the landlord. Charge of Tenant's Compensation. 29. A landlord, on paying to the tenant the Power for amount due to him in respect of compensation j^^ paying under this Act, or in respect of compensation cpmpenaa- authorized by this Act to be substituted for com- obtain pensation under this Act, or on expending such ^ ^^^^' amount as may be necessary to execute an im- 73 Agricultural Holdings [England) Act, 1883. Sect. 29. provement under the second part of the First Schedule hereto, after notice given by the tenant (a) of his intention to execute such improvement 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 payment or expenditure, and on being satisfied of the observ- ance in good faith by the parties of the conditions imposed by this Act, make an order charging the holding, or any part thereof, with repayment of the amount paid or expended, with such interest, and by such instalments, and with such directions for giving effect to the charge, as the court thinks fit. But, where the landlord obtaining the charge is not absolute owner of the holding for his own % benefit, no instalment or interest shall be made payable after the time when the improvement in respect whereof compensation 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 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 4G ^' 47 Vict. Cap. 61. 73 in favour of the landlord^ his executors, adminis- Sect. 29. trators, and assigns. The estate or interest of any landlord holding for an estate or interest determinable or liable to forfeiture 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 instru- ment to the contrary thereof notwithstanding. Capital money arising under the Settled Land Act, 1882 (b), 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 authorized 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 authorized by the said Settled Land Act to be discharged out of such capital money. 30. The sum charged by the order of a county lucidence 1 1 • * 1 11 1 1 1 of charge. court under this Act shall be a charge on the holding, or the part thereof charged, for the land- lord's interest therein, and for all interests therein subsequent to that of the landlord ; but so that 74 Agricultural Holdings [England) Act, 1883. Sect. 30. the charge shall not extend beyond the interest of the landlord, his executors, administrators, and assigns, iD the tenancy where the landlord is him- self a tenant of the holding. The object of the two preceding sections sanctioning the creation of a charge upon the holding for repay- ment of the amount paid for compensation or expended by the landlord in drainage is threefold. First, to enable the owners of limited estates in land to impose part of the burden of improving the land upon their successors in title. Secondly, to provide a simple method by which owners of land may transfer the cost of improvements from their personal to their real estate. Thirdly, to enable an owner of land to offer good real security for a loan for the purpose of paying compensa- tion to an outgoing tenant without parting with his legal estate in the land, or depositing his title deeds by way of mortgage. The nature and incidence of the charge will vary according to the interest which the landlord has in the holding ; and three kinds of interests are provided for in these sections. 1. Where the landlord is absolute owner of the holding for his own benefit. 2. Where the landlord, though not absolute owner , of the holding for his own benefit, is not a tenant under a landlord, i.e., has a freehold estate in the holding. 3. Where the landlord is himself a tenant of the holding. There is no definition in this Act of " an absolute owner." In the Agricultural Holdings Act, 1875, " ab- solute owner " is defined in section 4 as " the owner or person capable of disposing, by appointment or oth erwise, of the fee simple or whole interest of or in freehold, copyhold, or leasehold land, although the land or his 46 ^ 47 Vict. Cap. 61. 75 interest therein is mortgaged, incumbered, or charged Sect. 30. to any extent." Although in this definition " absolute -^q^q^ owner " includes the owner of leasehold land, it is sub- mitted that the owne^ of a term of years in a holding, is not an " absolute owner of the holding " within the meaning of section 29, as by section 61 " holding " means " the parcel of land held by a tenant," not an estate or interest in the land ; a leaseholder, therefore, falls within clause 3 of section 29, as " a landlord who is not absolute owner of the holding." Where the landlord is absolute owner of the holding for his own benefit, no limit of time is imposed by sec- tion 29 for the payment of the instalments or interest of the capital sum charged upon the holding. In the case of absolute owners, the chief value of the charge lies in its being an easy means of raising money on the security of the land for the payment of compensation to the outgoing tenant. An absolute owner of land possessed of small per- sonal estate may also find a charge under these sections useful, as a means of throwing the whole burden of improving the land upon his real estate to the exonera- tion of his personal estate. Being a charge upon the land the instalments and interest are payable by the landlord's heii- or devisee, and by clause 4 of section 29 they are charged in favour of his executors and administrators. By creation of the charge, therefore, the eldest son will take the land cum onere, and the portions of younger children will not be diminished by expensive improvements made upon it. "Where the landlord is not absolute owner of tbe holding for his owti benefit, restrictions are placed upon the duration of the charge. If the landlord has a limited estate of freehold in the land, as if he is tenant for life, or for widowhood, or imr autre vie, the charge may endure beyond the interest of the present owner of the settled estate and bind the interests of the remainderman or successive remaindei-men, subject, 76 Agricultural Holdings {England) Act, 1883. Sect. 30. liowever, to the limitation that no instalment or interest l^(j^.g shall be made j^ayable after the time when the improve- ment, in respect of which compensation is paid, will, either according to the declaration in the award, or in the opinion of the court, be taken to be exhausted. This limitation introduces a certain amount of intricacy into the form of the charge. For instance, if a tenant for life pays compensation to an outgoing tenant in pursuance of an award in respect of the following im- provements : 1. Erection of buildings ; improvement deemed to be exhausted in fifty years, £600; 2. Making fences ; improvement deemed to be exhausted in twenty-five years, £200; 3. Drainage ; improvement deemed to be ex- hausted in twelve years, £300; 4. Liming land ; improvement deemed to be ex- hausted in eight years, £120; 5. Application of manures ; improvement deemed to be exhausted in two years, £150; it will be necessary either to create five separate charges upon the holding securing repayment of the amounts paid for the several improvements by instal- ments extending over periods varying from two to fifty years (or to such time as the court may think fit) ; or, if only one charge is obtained, the tenant for life must siibmit to the payment of the instalments being only spread over the shortest period within which any one of the improvements is deemed to be exhausted, viz., two years, in wliich case the charge would be practically useless to him, unless he died almost immediately after it was made. It will be noticed that by clause 2 of section 29, it is obligatory on the county court to make an order 1 charging the holding, on proof of the payment or ex- penditure, and on being satisfied of the observance in good faith of the parties of the conditions imposed by this Act ; but the number and amount of the instalments 46^47 Vict. Cap. 61. 77 is left to the discretion of the court. No provision is Sect. 30. made for bringing any other persons before the court n^. than the landlord who applies to the court for the charge, or such witnesses as may be necessary to prove that the conditions of the Act have been observed. Now it is evidently the interest of a tenant for life, to have payment of the instalments spread over a long- term of years, so that as many of them as possible may be payable by the remainderman to his executors or assigns. It would be still more to his interest to have the amount charged on the holding made payable by unequal instalments, small at first, and increasing in subsequent years, so that the liability of paying the larger instalments might fall upon the remainderman. Again, it would often be to the interest of the tenant for life, where the improvements are declared by the award not to be exhausted for a considerable length of time, to delay applying to the court for a charge so that the number of instalments payable in his lifetime may be diminished and those payable by the remainder- man may be increased. It is evident, therefore, that the interest of the tenant for life and the remainderman are antagonistic, and although the court will make as fair an order as the facts of the case before it permit, it would be more equitable if some provision were made for withholding the order iintil after proof that notice of the application had been given by the tenant for life to the person or persons representing the inheritance, so that cause might be shown for limiting the number of instalments, &c. A further limitation upon the duration of the charge is introduced where the landlord is himself a tenant of the holding. Not only do the limitations apply, which apply in the case of a landlord having a limited freehold estate in the holding, viz., that no instalment or interest shall be made payable after the time when the improvement in respect whereof compensation is paid shall be taken to be exhausted, 78 Agricultural Holdings {England) Act, 1883. Sect. 30. but the charge is not to extend beyond the interest jZT which the Landlord has as tenant. Thus if the improve- ments above mentioned were made by the sub-tenant of a tenant for a term of twenty-one years, and the tenant for the term paid the compensation and obtained a charge on the hokling, the instalments payable even in respect of the improvements which are not taken to be exhausted for fifty or twenty-five years, must be made payable within a period not exceeding the re- maining portion of the term of twenty-one years. Where the landlord is holder of a lease for years, there will be no difficulty in making the proper calculations to ascertain the number and amount of the instalments payable under each charge. But if the landlord is a tenant for a life or lives, these will have to be fixed by reference to the probable duration of his own tenancy ; and if the tenancy determines before some of the in- stalments have been paid, the charge will cease to be effectual as a security for the unpaid instalments. As the power of charging the holding is only valuable to the owner of a chattel interest in the land, on account of its enabling liim to offer a security for a loan to pay the compensation due to his sub-tenant, it is not probable that a tenant for a life or lives will often take the trouble to obtain a charge, which would only afford an uncertain security to a lender, and so be of little value for the only purpose for which it would be created. If the holding upon which a tenant has executed improvements is mortgaged, the person entitled to ob- tain a charge on the holding will be either the mort- gagor or the mortgagee according as the one or the other pays the compensation to the outgoing tenant and falls within the definition of " landlord " in section 61. (See note to section 1, ante.) A charge under this Act falls within the definition of a mortgage in the Conveyancing Act, 1881, s. 1. If the charge is made by deed, the holder will therefore have 46 8r 47 Vict. Cap. 61. 79 all the powers of sale, insurance, appointing a receiver, Sect. 30. and cutting timber conveyed upon a mortgagee by sec- jjote. tion 19 of that Act, provided that a contrary intention does not appear in the instrument creating the charge. {a) After notice given by the tenant. By section 4 a landlord may after due notice by the tenant of his intention to execute drainage works, undertake to execute them himself, or he may dispense with such notice and come to a valid agreement with regard to the execution of such works as though the notice had been given. Power is given to the land- lord by section 29 to obtain a charge on the hold- ing for the amount of his expenditure upon drainage works ; but it is limited to cases where the tenant has given notice of his intention to execute the works ; if therefore, the landlord dispenses with the notice and executes the works in pursuance of an agreement with the tenant, he will not be entitled to obtain under this Act a charge on the holding for his expenditure. {b) Settled land act, 1882. Under the Settled Estates Act, 1882, a tenant for life, defined by section 2 for the purposes of that Act to be " the person who is for the time being, under a settle- 45 & 4G nient, beneficially entitled to possession of settled land Vict. c. 38. for his life," and the various other limited owners who by section 58 have the same powers as a tenant for life are empowered by section 3 to sell or exchange the settled land or any part thereof (except the man- sion-house and park), and by section 19 to apply the ' capital moneys arising from such sale or exchange in discharge, purchase, or redemption of incumbrances affecting the inheritance of the settled land, or in pay- ment for any improvement authorized by that Act. The improvements authorized by that Act (section 25) are of a much more comprehensive nature than those com- prised in the first and second parts of the First Schedule of this Act, but, on the other hand, do not include (3) 80 Agricultural Holdings [England) Act, 1883. Sect. 30. li^yi^g down of permanent pasture, (4) making and ■jTT planting of osier beds, (6) making of gardens, (10) planting of hops, and (11) jDlanting of orchards or fruit bushes. By section 26 of that Act, the application of capital moneys arising under that Act is restricted by requiring the following provisions to be observed : — "(1.) When the tenant for life is desirous that " capital money arising under this Act shall be applied " in or towards payment for an improvement autho- " rized by this Act, he may submit for approval to " the. trustees of the settlement, or to the court, as " the case may require, a scheme for the execution of " the improvement, showing the j)roposed expenditure " thereon. " (2.) When the capital money to be expended is " in the hands of trustees, then, after a scheme is " approved by them, the trustees may apply that " money in or towards payment for the whole or part " of any work or operation comprised in the improve- " ment, on " (i. ) A certificate of the Land Commissioners, " certifying that the work or operation, or some " specified part thereof, has been properly executed, "and what amount is properly payable by the " trustees in respect thereof, which certificate shall " be conclusive in favour of the trustees as an " authority and discharge for any payment made " by them in pursuance thereof ; or on " (ii.) A like certificate of a competent engineer " or able practical surveyor nominated by the " trustees and approved by the commissioners, or " by the court, which certificate shall be conclusive " as aforesaid ; or on " (iii.) An order of the court directmg or autho- " rizing the trustees to 'so apply a specified portion " of the capital money. " (3.) Where the capital money to be expended is " in court, then, after a scheme is approved by the 46 ^ 47 Vict. Cap. 61. 8i " court, the court may, if it thinks fit, on a report or Sect. 30. " certificate by the commissioners, or of a competent j^^ " engineer or able practical surveyor, approved by the " court, or on such other evidence as the court thinks " sufficient, make such order and give such directions " as it thinks fit for the application of that money, or " any part thereof, in or towards payment for the " whole or part of any work or operation comprised in ' " the improvement." The question may arise whether these provisions must be complied with in order to authorize the application of capital money arising under the Settled Land Act in payment of any moneys expended by a landlord (being a tenant for life) under this Act for improve- ments comprised in the first and second parts of the First Schedule. From the words of section 29, autho- rising the application of capital money arising under the Settled Land Act, 1882, in payment of moneys ex- pended by a landlord in or about the execution of any improvement mentioned in the first or second parts of the schedule hereto as for an improvement authorized by the said Settled Land Act, it would apparently follow that the conditions requisite to be observed before capital money arising under the Settled Land Act could be applied in payment for an improvement authorized by that Act, must be also observed before it could be applied in payment for improvements under this Act. This would clearly be the case if the landlord himself were to execute the improvements (except drainage after notice by the tenant). But as in all cases where the landlord has to pay compensation, the improvements have already been executed, it is evident that the provision requiring the tenant for life to submit a scheme to the trustees of the proposed im- provements could not be complied with ; and if this Act impliedly dispenses with one of the restrictions imposed by the previous Act, it is presumable that it dispenses with the whole system of restrictions when G 8^ Agricultural Holdings [England] Act, 1883. Sect. 30. the improvements, for })ayment of which the capital Note. money is desired to be applied, are any of those men- tioned in the first or second parts of the First Schedule, and the payment is made by way of compen- sation under or in pursuance of this Act. It is submitted, therefore, that the tenant for life of a settled estate may pay the compensation for improve- ments mentioned in the first and second parts of the First Schedule of this Act, or the amount expended in executing drainage works, after notice by the tenant, out of the capital money arising under the Settled Land Act, 1882, without any certificate of the Land , Commissioners or of a surveyor nominated by the trustees of the settlement. Another consideration points to this conclusion. By the latter part of sec- tion 29 of this Act, capital money arising under the Settled Land Act, 1882, may be applied in discharge of any charge created on a holding in pursuance of this Act, as in the discharge of aq incumbrance authorized by the Settled Land Act to be discharged out of such capital money. Now an incumbrance may be dis- charged out of such capital money without any of the previous formalities necessary for the payment for im- provements. A tenant for life might, therefore, on paying the compensation due for improvements men- tioned in the first and second parts of the First Schedule, obtain a charge on the holding under this Act, and immediately discharge it out of capital money arising under the Settled Land Act. It is not reasonable, then, to suppose that the formalities of section 26 of the Settled Land Act must be observed in order to apply the capital money arising under that Act in payment for improvements comprised in the first and second parts of the First Schedule of this Act, when by the simple device of interposing a charge obtained under this Act, these formalities can be dis- pensed with. The holder of a charge created under the provisions 46 § 47 Vict, Cap. 61. 83 of these sections does not obtain any priority over Sect. 30. previous incumbrancers. Note For tables to calculate the amount of instalments and interest spread over a given number of years, see post, Appendix B. 31. Where the landlord is a person entitled to Provision receive the rents and profits or any holding as trustee. trustee, or in any character otherwise than for his own benefit, the amount due from such landlord in respect of compensation under this Act, or in respect of compensation authorized by this Act to be substituted for compensation under this Act, shall be charged and recovered as follows and not •otherwise ; (that is to say,) (1.) The amount so due shall not be recover- able 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 holding only. (2.) Such landlord 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 tenant has quitted his hold- ing to pay to the tenant the amount due to him, then after the expiration of such one G 2 84 Agricultural Holdings {England) Act, 1883. Sect. 31. 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 in- curred by him in obtaining the charge or in raising the amount due thereunder. (4.) The court shall on proof of the tenant's title to have a charge made in his favour make an order charging the holding with payment of the amount of the charge, includ- ing costs, in like manner and form as in case of a charge which a landlord is entitled to obtain. A landlord wlio is entitled to receive the rents and profits as a trustee, or in any fiduciary character, has two courses open to him. He may pay the compensa- tion due to the outgoing tenant, and obtain a charge on the holding for the amount of the compensation : or he may allow the tenant himself to obtain a charge as payment of the compensation. If he elects to pay the compensation, he has one advantage over a landlord whd( is a beneficiary, in that he can obtain the cliarge on the holding before payment of the compensation claimed, while a beneficiary can only obtain the charge on payment of the compensation (section 29). Where, however, a trustee executes drainage works after notice from the tenant under section 4, he is in the same position as any other landlord, and can only obtain a charge on the holding on expending the amount neces- sary to execute such works, sub-section (2) of this section not applying to such a case. The duration and incidence of the charge to which a 46 ^47 Vict. Cap. 61. 85 trustee may be entitled under this section, Avill, it is Sect. 31. presumed, be regulated by the same considerations as Note, would aflect a charge obtained by the cestui que trust, if the beneficiary were entitled to the charge instead of the trustee. Thus a charge obtained by a trustee of a term of years will only bind the land for the residue of the term. (Section 30.) And as a trustee is a person who " is not absolute owner of the holding for his own benefit" no instalment or interest of the amount charged can in any case be made payable after the time when the improvement in respect of which com- pensation is paid is taken to be exhausted. (Section 29.) When a trustee does not pay the compensation to the tenant, and the tenant becomes entitled to a charge on the holding under sub-sects. 3 and 4 of this section, a fresh matter must be taken into consideration in deter- mining what shall be the duration and incidence of the charge. Is it to be an absolute charge upon the land, or subject to the same limitations as a charge obtainable by his landlord, the trustee, would be ? If he is not entitled to an absolute charge, he may in some cases lose his right to compensation altogether. For in- stance, a trustee of a term of twenty-one years grants, during the currency of the term, a lease for the unex- pired residue thereof less one day. The tenant quits « the holding one day before the expiration of the trustee's interest. Now if the trustee, who is " a land- lord who is himself a tenant of the holding," pays the outgoing tenant the compensation due, he could not obtain a charge ujjon the holding extending beyond his own interest ; that is, the charge would cease to bind the land after the expiration of the term of twenty-one years, or more properly, a charge could not be granted by the county court extending beyond that time. If, therefore, the tenant is restricted to obtaining a charge Bunilar to that obtainable by the trustee, this will hap- pen : he must wait a mouth after quitting his holding to see whether the trustee will pay him compensation 86 Agricultural Holdings [England) Act, 1883. Sect. 31. (sub-sect. (3) ) ; by that time the trustee's interest will 'Note have expired ; and as the trustee himself couhl no longer obtain a charge, so the tenant can no longer do so. Such a state of things would be in direct opposition to both the language and intention of sub-sect. (1). It is submitted, therefore, that sub-sect. (4), which pro- vides that the court shall make an order charging the holding in favour of the tenant " in like manner and form as in case of a charge which a landlord is entitled to obtain," must be considered as giving general dii'ec- tions as to the nature of the charge to which the tenant is entitled, and not as limiting it to the particular form which his landlord would be entitled to obtain ; so that the tenant's charge will bind the land in every case for the trustee's interest therein and all interests therein subsequent to that of the trustee. When a landlord having a limited estate in a holding obtains a charge, it is often his interest, as before observed (note to section 30), to have the instalments of the amount charged made payable over as long a period as possible. The interest of a tenant who desires to obtain a charge lies in the contrary direction, for if the amount charged is made payable in one lump sum, he will obtain payment of his compensation all the sooner, « There is no provision, however, made in the Act for the beneficial owner of the land sought to be charged by the tenant, being represented before the county court ; nor for his receiving any notice of the tenant's application. The sub-sections (3) and (4) must be read in con- nection with the other sections of the Act. Thus the tenant is only entitled to "compensation under this Act " at all " subject as in this Act mentioned " (sec- tion 1). One of the limitations implied in that plii'ase is that he is only entitled to such "compensation under this Act " as the referees may award htm, or as he may agree with the landlord. If there is a reference, then by section 21 the award must fix a day, not sooner 46 6f 47 Vict. Cap. 61. 87 than a month after the delivery of the award, for pay- Sect. 31. ment of the compensation, &c., awarded. Nothing, jr ^ therefore, is due to the tenant until the day named in the award for payment has arrived. Thus it is dif- ficult for the trustees " within a month after the tenant has cj^uitted his holding " to pay him the compensation due to him, because in most cases it will not be due for at least two months after he has quitted the hold- ing. But if the trustees and the tenant agree on the amount of compensation- to be paid, that amount will become due at the time fixed by the agreement, which may be within a month after the tenant quits the holding, and the tenant may then api^ly for a charge at the expiration of the month. In the same way, if all the compensation to which the tenant is entitled is provided for by agreements under sections 3, 4, or 5, and there has been no reference under the Act, nothing will be due until the time limited by those agreements has elapsed. The county court must, therefore, refuse an application by a tenant for a charge unless he can prove that he has quitted his holding for a month, and that something is actually due to him for compensa- tion. 32. Any company now or hereafter incor- Advance T 1 -r. T T 1 • made by a porated by Parliament, and having power to company. advance money for the improvement of land, may take an assignment of any charge made by a county court under the provisions of this Act, upon such terms and conditions as may be agreed upon between such company and the person en- titled to such charge ; and such company may assign any charge so acquired by them to any person or persons whomsoever. 88 Agricultural Holdings {England) Act, 1883. Sect. 32. This section is identical with section 43 of the Agri- ■S^. cultural Holdings Act, 1875. That section, by expressly sanctioning assignments of a charge to land companies, has given rise to a doubt whether an assignment could be validly made to other persons than land companies. As, however, section 29 of this Act declares that the instalments and interest shall be charged in favour of the landlord and his assigns general!}', there does not appear to be any good reason for entertaining a doubt on the matter. The object of the section is merely to enable land companies who are permitted by their memorandum of association to invest in mortgages and real securities, to acquire assignments of chaiges under this Act without any risk of thereby acting ultra vires. Notice to Quit. Time of 33. Where a half-year's notice, expiring quit. with a year of tenancy is by law necessary and sufficient for determination of a tenancy from year to year, in the case of any such tenancy under a contract of tenancy made either before or after the commencement of this Act, a yearns notice so expiring shall by virtue of this Act be necessary and sufficient for the same, unless the landlord and tenant of the holding, by writing under their hands, agree (a) that this section shall not apply, in which case a half-year's notice shall continue to be sufficient; but nothing in this section shall extend to a case where the tenant is adjudged bankrupt [b], or has filed a petition for a composition or arrangement with his creditors. 46 5) 47 Vict. Cap. 61. 89 A notice to quit is defined as "a certain reasonable Sect. 33. notice required by law, or by custom, or by special jjote. agreement to enable either the landlord or tenant, or the assignees or representatives of either of them, without the consent of the other, to determine a tenancy from year to year, or from two years to two years, or other like indefinite period." (Cole Ejec. 30). The length of the notice is fixed either (1) by agree- ment, (2) by custom, or (3) by law. Where there is an express agreement as to the length of notice to be given, such notice, whether more or less than a half-year's notice, must be given, and will be sufficient to determine the tenancy. (Doe d. Green v. Baker, 8 Taunt. 241; Cole Ejec. 31; Wood- fall, L. & T. (11th ed.) 302.) Where there is no express agreement on the subject, but there exists a local custom regulating the notice, then tlie notice required by the local custom is neces- sary and sufficient to determine the tenancy, the custom being deemed to be an implied term in the contract of tenancy. (Tyley v. Seed, Skin. 649; Roe d. Henderson v. Char nock, Peake, 6.) Where there is no express agreement and no local custom fixing the length of notice, then a half-year's notice expiring with a year of tenancy is hy law neces- sary and sufficient to determine a tenancy from year to year. {Right d. Flower v. Darby, 1 T. E. 159 ; Doe d. Shore v. Porter, 3 T. R. 13 ; Doe d. Martin v. Watts, 7 T. R. 83; Woodfall, L. & T. (11th ed.) 302.) The effect of this section is to make a yearns notice, instead of a half-year's notice, requisite in all cases where a half-year's notice w^as before the passing of this Act by laxo necessary and sufficient to determine a yearly tenancy. It does not therefore apply to tenan- cies where there is either an express agreement as to notice, or where the notice is fixed by local custom. In such cases the same rules will apply as have hitherto been in force (see Wilkinson v. Calvert, L. R. 3 90 Agricultural Holdings {England) Act, 1883. Sect. 33. C. P. T). 360 ; 47 L. J. C. P. 679, a case decided upon j^~^ section 51 of the Act of ]875). But a year's notice expiring with a year of tenancy will henceforth be necessary (1) where a yearly tenancy has been created by express conti'act without any stipulation as to notice; and (2) where a tenancy from year to year is not created by express contract, but is ijriplied by law, as where a tenant is let into possession under a mere agreement for a future lease, or under a void lease^ and pays or agrees to pay any part of the annual rent thereof reserved {Doe d. Thomson v. Amey, 12 A. & E. 476; Doe d. Rigge v. Bell, 5 T. R. 471; 2 Smith L. C. (8th ed.) 100), or where a tenant holds over after the expiration of his lease, and pays or agrees to pay any subsequent rent at the previous rate {Bishop v. Howard, 2 B. & C. 100; Hyatt v. Griffiths, 17 Q. B. 505), or attorns and pays rent to a mortgagee whose mortgage was subsisting at the time that the tenant became lessee of the mortgagor {Doe d. Hughes v. BucJcnell, 8 C. & P. 567; Doe d. Prior v. Ongley, 10' C. B. 25), or where a remainderman accepts rent re- served in a lease granted by the previous tenant for life (which became void by the death of the tenant for life by reason of his having exceeded his leasing powers), but does not confirm or establish such lease by a memorandum in writing pursuant to 13 Vict. c. 17, s. 1. {Doe d. Martin v. TFatts, 7 T. R 83.) As this section applies to tenancies current at the commencement of this Act, it will be necessary for the landlord or tenant who desires to determine his tenancy, without the consent of the other, at Mid- summer, Michaelmas, or Christmas, 1884, to give notice to quit before the 1st January, 1884, otherwise the tenancy will continue until the corresponding ! quarter day in 1885. A doubt is raised by the word- ing of the section whether even a notice less than a year's notice given before the commencement of the Act will be sufficient to determine a tenancy after the 46 ^ 47 Vict. Cap. 61. 91 commencement of the Act, e. g., a notice given at Sect. 33. Christmas, 1883, to quit at Midsummer, 1884. It is -^^q, submitted, however, that if the notice to quit, although less than a year's notice, is given before the com- mencement of the Act, such a notice will be sufficient. A right or power to determine the tenancy at the end of a current year of tenancy is acquired immediately upon giving at least a half-year's notice to quit. By section 60 all rights and powers in respect of a con- tract of tenancy are preserved unless expressly taken away by the Act; from which it would follow that as this section does not expressly either include or exclude such a case as that here suggested, it falls within the general saving clause. (See for interpre- tation of a statute where a right has been acquired before its commencement Hitchcock v. JVay, 6 A. & E. 943 ; R. V. TVix, 2 B. & Ad. 197 ; Doe d. Evans v. Page, 5 Q. B. 767.) (a) By writing under their hands agree. It would seem that as by sections 3 and 4 an agent is substituted for the landlord for certain special pur- poses of this Act, the landlord must act personally where an agent is not so substituted, unless the thing to be done comes within the ordinary scope of the agent's business. {Swift v. Jewsbury, L. R. 9 Q. B. 301.) It is doubtful whether the exclusion of the operation of this section would be held to be within the ordinary course of an agent's business, so that it would be advisable in all cases where an agreement is made to exclude it to have such agreement signed by the landlord personally. As this section does not apply to cases where there is any special stipulation in the contract of tenancy with respect to the length of notice (see supra), it follows that an agreement pro- viding tor a half-year's or shorter notice need not be in writing if it is made at the time of entering into and forms part of a verbal contract of tenancy from 92 Agricultural Holdings {England) Act, 1883. Sect. 33. year to year, nor need the operation of this section be Note. expressly excluded by the terms of the contract if the contract itself is in writing and provides for less than a year's notice. If, however, the agreement to shorten the length of notice is made after the contract of tenancy, then it must be in writing, and expressly declare that this section shall not apply. (6) Bankrupt. By section 55 of the Bankruptcy Act, 1883, it is provided that where any part of the property of the bankrupt consists of land of any tenure burdened with onerous covenants, the trustee, notwithstanding that he has taken possession of the property, or exercised any act of ownership in relation thereto, may by writing signed by him, at any time within three months after the first appointment of a trustee, dis- claim the property. But the trustee shall not disclaim a lease without the leave of the court, which may make such orders with respect to fixtures, tenant's improvements, and other matters arising out of the tenancy as the court thinks just. Fixtures. Tenant's 34. Where after the commencement of this property in fixtures, Act a tenant affixes to his holding any engine, mac inery, jjj^(,]^i^gj.y^ fencing, or other fixture [a), or erects any building for which he is not under this Act or otherwise entitled to compensation, and which is not so affixed or erected in pursuance of some obligation in that behalf or instead of some fixture or building belonging to the landlord, then such fixture or building shall be the pro- 46 ^ 47 Vict. Cap. 61. 9S perty of and be removable by the tenant before or Sect. 34. within a reasonable time after the termination of the tenancy. Provided as follows : — 1. Before the removal of any fixture or build- ing the tenant shall pay all rent owing by him_, and shall perform or satisfy all other his obligations to the landlord in respect to 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 holding : 3. Immediately after the removal of any 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 building without giving one month's pre- vious notice in writing to the landlord of the intention of the tenant to remove it : 5. At any time before the expiration of the notice of removal the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture or building comprised in the notice of re- moval, and any fixture or building thus elected to be purchased shall be left by 94 Agricultural Holdings {England) Act, 1883. Sect. 34. ^]jg tenant, and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming tenant of the holding ; and any difference as to the value shall be settled by a reference under this Act, as in case of compensation (but without appeal). To the common law rule that whatever is affixed by the tenant to the freehold becomes the property of the freeholder and cannot be severed by the tenant either during the continuance or after the determination of his term (Year Book, 17 E. 2, p. 518; Herlakenden^s Case, 4 Co. 64; Ekves v. Mawe, 5 East. p. 51; 2 Smith L. C. (8th ed.) 169) exceptions have been admitted by the courts with respect to fixtures erected by a tenant (1) for the purposes of mere ornament and con- venience; (2) for the purposes of trade. The various articles which have been held to be removable as fixtures set up for mere ornament and convenience, provided they can be removed with little or no damage to the freehold, are enumerated in Woodfall's L. & T. (11th ed.)pp. 591, 592, as follows: — hangings, tapestry, and pier glasses, whether nailed to the walls or panels, or put up in lieu of panels (Squier v. Mayer, 2 Freem. 249; 2 Eq. Cas. Abr. 430; Beck v. Eebow, 1 P. Wms. 94; cornices (Avery v. Cheslyn, 3 A. & E. 75); marble or other ornamental chimney-pieces {Law- ton V. Lawton, 3 Atk. 15; Lawton v. Salmon, 1 H. Bl, 260, n.; Bishop v. Elliott, 11 Ex. 113); window blinds (Amos & F. 341) ; wainscot affixed by screws (Lawton V. Lawton, supra; Ex parte Quincy, 1 Atk. 477; grates, ! ranges, and stoves, although fixed in brickwork (Lee v. Eisdon, 7 Taunt. 191 ; Rex v. St. Dunstan, 4 B. & C. 686); beds fastened to the walls or ceiling (Ex parte Quincy, supra); iron backs to chimneys (Harvey v. Harvey, 2 46 ^ 47 Vict. Cap. 61. 95 Stra. 1141); fixed tables (Amos & F. 187, 342); Sect_34. furnaces and coppers {Squier v. Mayer, supra); -^^^^ pumps {Grnjmes v. Boiveren, 6 Bing. 437; 4 Moo. & P. 143); maslitiibs, fixed water tubs, and clock cases (Amos & F. 342) ; coffee and malt mills {R. v. Londonthorpe, 6 T. R. 379) ; cupboards fixed with holdfasts (Rex v. St. Dunstan, supra); book-cases standing on brackets and screwed to the walls (Birch V. Dawson, 2 A. & E. 37; 6 C. & P. 658); iron ovens and the like (?Fwm v. Ingilhy, 5 B. & Aid. 625.) When machimry and fixtures are set up for the pur- poses of trade, they are removable, but buildings for the purposes of trade are not removable (Wliitchead v. Bennett, 27 L. J. Ch. 474; Foley v. Addenbrooke, 13 M. & W. 174). The exception in favour of trade fixtures was not, however, extended to fixtures erected for agricultural purposes. Thus in the leading case of Elwes v. Mawe, 3 East, 38; 2 Smith L. C. (8th ed.) 169, where a tenant of a farm had erected at his own expense a beast-house, a carpenter's shop, a fuel-house, a pump-house, and a fold-yard, all of which were necessary and com-enient for the occupation of his farm, and was held liable to an action for waste for removing them during his term. Lord Ellenborgugh, delivering the judgment of the court, said : " No adjudged case has yet gone the length of establishing that buildings subservient to purposes of agricultm-c, as distinguished from those of trade, have been removable by an executor of tenant for life, nor by the tenant himself who built them during his term." The rigour of the law was to some extent modified by 14 & 15 Vict. c. 25, which in its third section enacts : — " Sec. 3. That if any tenant of a farm or lands shall, after the passing of this Act, with the consent in writing of the landlord for the time being, at his own cost and expense, erect any farm-building, either detached or otherwise, or put up any other building, engine, or 96 Agricultural Holdings {England) Act, 1883. Sect. 34. macliinery, either for agricultural purposes or for the Note. purposes of trade and agriculture (which shall not have been erected or put up in pursuance of some obligation in that behalf), then all such buildings, engines, and machinery shall be the property of the tenant, and shall be removable by him, notwithstanding the same may consist of separate buildings, or that the same or any part thereof may be built or permanently fixed to the soil, so as the tenant making any such removal do not in anywise injure the land or buildings belonging to the landlord, or otherwise do put the same in like plight or condition, or as good plight and condition, as the same were in before the erection of anything so removed : Provided nevertheless, that no tenant shall, under the provisions last aforesaid, be entitled to re- move any such matter or thing as aforesaid without first giving to the landlord or his agent one month's previous notice in writing of his intention so to do ; and thereupon it shall be lawful for the landlord, or his agent on liis authority, to elect to purchase the matters and things so proposed to be removed, or any of them, and the right to remove the same shall thereby cease, and the same shall belong to the landlord ; and the value thereof shall be ascertained and determined by two referees, one to be chosen by each party, or by an umpire to be named by such referees, and shall be paid or allowed in account by the landlord who shall have so elected to purchase the same." The benefit of this statute is still preserved by sec- tion 60 of this Act. It will be observed that it applies to a tenant of any farm or lands, whereas the present Act does not apply to a tenant to whom a holding is let during his continuance in any office, appointment, or employment held under his landlord, or to a tenant of a holding which is not either wholly agricultural or ' wholly pastoral, or in part agricultural and as to the resi- due pastoral, or in whole or in part cultivated as a market garden (section 54). In a case, therefore, where a 46 ^47 Vict. Cap.Gl. 97 holding is occupied in part as a manufactory, while Sect. 34:. the residue is cultivated as a farm, the tenant, being ji^ excluded from the benefit of this Act, must still resort to the provisions of the earlier statute if he is desirous of acquiring or retaining his property in any agricul- tural fixtures. Whenever the holding is such that this Act applies, the provisions of this section are more favourable to the tenant than those of section 3 of 14 & 15 Vict. c. 25, in the following points : — (1.) This section applies to any fixture without regard to the purposes for which it is affixed. 14 & 15 Vict. c. 25, applies only to a farm huilding, or any huilding, engine, or machinery put up for agricultural purposes, or for the puipose of trade and agriculture. (2.) Under this section the previous consent of the landlord to the erection of the fixtiire (required by 14 «& 15 Vict. c. 25) is dispensed with. Under this section the tenant only acquires the proj)erty in any engine, machinery, fencing, building or other fixture for which he is not under this Act or otherwise entitled to compensation. He cannot become entitled under this Act to compensation for any engine or machinery or other fixture except fencing or a building affixed to the holding, as they are not " improvements " comprised in the First Schedule. But making fences (which includes " affixing fenc- ing " of stone, iron, or wood) and erecting buildings are "im^jrovements" comprised in the First Schedule, for which a tenant may become entitled to compen- sation under this Act. If he is entitled to compen- sation for any such improvement, the property in the building or fencing vests in the landlord as formerly, and the improvement is not removable by the tenant. A somewhat difficult question may, therefore, arise as to a tenant's right to remove such fixtures during Ms tenancy. If a tenant erects a building with H 98 Agricultural Holdings [England] Act, 1883. Sect. 34. the previous consent in writing of his landlord j^Qjjg in pursuance of section 3, he at once acquires an inchoate right to receive compensation for the same on quitting his holding. But in order to perfect his title to compensation he must give the written notice to his landlord of his intention to claim compen- sation required by section 7. Unless he does this, he never becomes actually entitled to receive com- pensation. Can, therefore, a tenant remove the fixture before giving the written notice of his claim for compensation under section 7 ? It is submitted that he can, on the ground that it cannot be rightly said that a tenant is entitled to compensation when the landlord may legally refuse to pay it, and while some- thing still remains for the tenant to do before he can place himself in a position to enforce his right to recover it. If this is the correct view, a tenant of a holding to which this Act applies may, subject to the provisions contained in the sub-sections of this section, remove any fixture which he has erected or afiixed at any time before giving notice under section 7 of his intention to claim compensation for the same on quitting his holding, whether he would be entitled to compensation if he duly gave the notice, or not. A tenant may, however, if he is not entitled to compensa- tion under this Act for fixtures which he has erected or affixed during his tenancy, be entitled to comi^ensation for them by custom. Thus, in some parts of Lincoln- shire, in Nottinghamshire, in Yorkshire (Barnsley dis- trict), and in North Cheshire, a tenant is entitled to compensation, varying in amount, for labour and materials in erecting stone, wood, and iron fencing ; in the Ripon district of Yorkshire, the tenant is entitled to compensation for erecting buildings of brick or stone ; in North Hampshire and Gloucestershire (dis- trict east and north of Cheltenham), and some other counties, he is entitled to compensation for fixed steam engines and driving gear, if put up in the last year of 46 6f 47 Vict. Cap. 61. 99 the tenancy. If, therefore, a tenant is entitled by Sect. 34. custom to compensation for fixtures (which does not -^~" happen until he quits the holding), he comes within the term " otherwise " entitled (custom being preserved by section 60) ; the proi:)erty in such fixtures accord- ingly vests in the landlord, and the tenant is not entitled to the benefit of this section. If, however, he is entitled by law or custom to remove his fixtures, this Act does not in any way limit his right to do so, or make it necessary to give notice under this section to the landlord, nor does it give the landlord a right of pre-emption (section 60). (a) Other fixture. This applies only to other fixtures m pari materid with those specially mentioned, viz., such as a tenant has no right, according to the existing law, to remove without the landlord's consent. Tenants' fixtures, therefore, remain the property of and are removable by the tenant as before the Act, whose right is not affected by the limitations imposed by the sub-sections of this section. All the fixtures enumerated ante, p. 88, and any barn, granary, shed, mill, stable, or other erection, however large and however sub- stantial, if so constructed as merely to rest upon a brick or other foundation, and not actually fastened or let into the freehold, though it may have sunk into the ground by its own weight, is a tenant's fixture and removable independently of this Act. (Amos & F. 43; Huntley v. Russell, 13 Q. B. 572 ; Rex v. Otley, 1 B. & Ad. 161 ; Wanshrough v. Maton, 4 A. & E. 884 ; Wood V. Hewett, 8 Q. B. 913 ; Martin v. Roe, 7 E. & B. 237 ; Parsons v. Hind, 14 W. R. 860.) Any right in respect of fixtures affixed before the 1st January, 1884, to a holding to which the Agricultural Holdings Act, 1875, applied, is expressly reserved by section 62. A tenant of such a holding will, therefore, be unable to obtain compensation for a steam engine affixed to H 3 100 Agricultural Holdings {England) Act, 1883. Sect. 34. the holding before that date, unless he has given to j^^ his landlord notice in writing of his intention to do so, or if the landlord has by notice in writing to the tenant objected to the erection thereof. (Agricul- tural Holdings Act, 1875, s. bZ, post, Statutes.) Crown and Duchy Lands. Applica- 35. This Act shall extend and apply to land tion of Act . ^^ -^ to Crown belonging to Her Majesty the Queen, her heirs and successors, in right of the Crown. With respect to such land, for the purposes of this Act, the Commissioners of Her Majesty^s Woods, Forests, and Land Revenues, or one of them, or other the proper officer or body having charge of such land for the time being, or in case there is no such officer or body, then such person as Her Majesty, her heirs or successors, may ap- point in writing under the Royal Sign Manual, shall represent Her Majesty, her heirs and suc- sessors, and shall be deemed to be the landlord. Any compensation payable under this Act by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or either of them, in respect of an improvement mentioned in the first or second part of the First Schedule hereto, shall be deemed to be payable in respect of an improvement of land within section one of the Crown Lands Act, 1866, and the amount thereof shall be charged and repaid as in that 46 S^ 47 Vict. Cap. 61. 101 section provided with respect to the costs, charges, Sect. 35. and expenses therein mentioned. Any compensation payable under this Act by those Commissioners, or either of them, in respect of an improvement mentioned in the third part of the First Schedule hereto, shall be deemed to be part of the expenses of the management of the Land Revenues of the Crown, and shall be pay- able to those Commissioners out of such money and in such manner as the last-mentioned ex- penses are by law payable. By 29 & 30 Vict. c. 72, s. 1, it is enacted :— " Where at any time after the passing of this Act any operation, work, matter or thing, being within the description of the improvement of land contained in section 9 of the Act of the session of the 27th and 28th years of Her Majesty's reign, chapter 114 (The Im- provement of Land Act, 1864), is effected or done in or with reference to any part of the possessions and land revenues of the Crown under the management of the Commissioners of Her Majesty's Woods, Forests, and Land Eevenues (hereinafter referred to as the Commis- sioners of Woods), the Commissioners of Her Majesty's Treasury (hereinafter in this Act referred to as the Commissioners of the Treasury) may, if they think fit, direct, with respect to any such ojieration, work, matter, or thing, that the costs, charges, and expenses of and connected with the same shall be charged as a principal sum to the account of the capital of the land revenue of the Crown ; but in every case where such direction is given the principal sum so charged shall be rei3g,id out of the income of the land revenue of the Crown in such manner and within such time as in each case the Commissioners of the Treasury from time to time direct, 102 Agricultural Holdings {England) Act, 1883. Sect. 35. so nevertheless that in every case provision be made for -»rT the complete repayment of principal out of income as- aforesaid within a period not exceeding thirty years from the time at which the principal sum becomes a charge as aforesaid." Possessions and land revenues of the Crown are placed under the management of the Commissioners of Woods and Forests by 10 Geo. 4, c. 50, s. 8. The management of foreshores, which include the shore and bed of the sea, and of every channel, creek, bay, estuary, and of every navigable river in the United Kingdom, as far up the same as the tide flows, is transferred by 29 & 30 Vict. c. 62, s. 7, to the Board of Trade, excepting the foreshores of the Thames, the Tees, and the county palatine of Durham. Applica- 30^ This Act shall extend and apply to land tion of Act 1-1 to land of belonging to Her Majesty, her heirs and suc- Lancaster. ccssors, in right of the Duchy of Lancaster. With respect to such land for the purposes of this Act, the Chancellor for the time being of the Duchy shall represent Her Majesty, her heirs and successors, and shall be deemed to be the land- lord. The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the first or second part of the First Schedule to this Act shall be. deemed to be an expense incurred in improve- ment of land belonging to Her Majesty, her heira or successors, in right of the Duchy, within sec- tion twenty-five of the Act of the fifty-seventh 46 ^47 Vict. Cap. 61. 103 year of King George tlie Third, chapter ninety- Sect. 36. seven, and shall be raised and paid as in that sec- tion provided with respect to the expenses therein mentioned. The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the third part of the First Schedule to this Act shall be paid out of the annual revenues of the Duchy. By 57 Geo. 3, c. 97, s. 25, it is enacted : — "And whereas tliere are certain siuns or funds standing in the books of the Governor and Company of the Bank of England, in the Three Pounds per Centum Consolidated Annuities, in the name or to the account of the Duchy of Lancaster, which have arisen and been produced by sales of certain parts of the possessions of the said Duchy, and it will tend to the improvement of other parts of the possessions of the said Duchy if a sufficient part of the said Bank Annuities was sold, and the produce thereof applied in the manner and for the purposes hereinafter men- tioned : Be it therefore further enacted That it shall and may be lawful to and for the Chancellor and Council of the Duchy of Lancaster, by any order or orders to be made in the Court of Revenue of the said Duchy, from time to time to order or direct that any part or parts of the Three Pounds per Centum Con- solidated Annuities now standing or which may here- after stand in the books of the Governor and Company of the Bank of England, in the name or to the account of the Duchy of Lancaster, shall be sold and disposed of; and that the moneys arising by any such sale or sales shall be applied and appropriated in or towards payment, satisfaction, and discharge of any sum or sums 104< Agricultural Holdings {England) Act, ]883. Sect. 36. of money or expenses whicli shall be incurred in the Note. division, inclosure, drainage, embankment, or other improvement of any messuages, lands, or tenements belonging to His Majesty, his heirs or successors, in right of his said Duchy, which shall be certified by the Surveyor-General of the said Duchy upon oath, to be filed in the Duchy Office, to be proper, necessary, advantageous, and beneficial to His Majesty's said possessions; and the Governor and Company of the Bank of England shall, and they are hereby authorized and required, upon requisition to them for that pur- pose to be made by any order or orders of the said Chancellor and Council, and under the hand of the Attorney-General of the said Duchy, to permit such person as shall in and by such order be named and empowered for that purpose to make any sale or sales, transfer or transfers, of all or any part of the said Bank Annuities which now do or shall hereafter stand in the books of the said Governor and Company in the name or to the account of the Duchy of Lan- caster ; and which sale or sales, transfer or transfers, being made by the person so to be authorized by the signature of his own proper name, for and on behalf of the King's Majesty in right of his Duchy of Lancaster, shall be valid, legal and effectual for the sale or trans- fer of the said Annuities, anything in any Act or Acts of Parliament, or any practice, usage, or custom to the contrary notwithstanding." It will be noticed that by that statute the certificate upon oath of the Surveyor-General of the Duchy, to be filed in the Duchy Office, that the improvements are proper, necessary, advantageous, and beneficial to the Duchy, is requisite before any expense incurred in an improvement can be paid out of the fund. It is probable, though it is not quite clear, that the Sur- veyor-General's certificate may be dispensed with in cases of improvements mentioned in the first and second parts of the "First Schedule of this Act; the 46 c^ 47 Vict. Cap. 61. 105 referees' or umpire's award being considered sufficient Sect. 36. evidence of the benefit conferred on the Duchy lands ]jjot«. by the works executed by the tenant. 37. This Act shall extend and apply to land ^PP^^f : , ^ * • ^^ '' tion of Act belonging to the Duchy of Cornwall. to land of With respect to such land, for the purposes of cwnwall. this Act, such 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 Duchy 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 land- lord, and may do any act or thing under this Act which a landlord is authorized or required to do thereunder. Any compensation payable 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 payable in re- spect of an improvement of land within section eight of the Duchy of Cornwall Management Act, 26 & 27 1863, and the amount thereof may be advanced and paid from the money mentioned in that sec- tion, subject to the provision therein made for repayment of sums advanced for improvements. By 26 & 27 Vict. c. 49, s. 8, it is enacted : — " All gross sums of money to arise and be received 106 Agricultural Holdings [England) Act, 1883. Sect. 37. mider the authority of this Act for or in respect of any Note. ^^^^' lie said committee and the said arclibisliop or bishop, j^~^g and his or their tenants interested in such iniprove- I aents." (a) The powers by this act conferred on a landlord. There are certain acts which, if done by a landlord, entail special consequences by virtue of this Act, and must therefore be considered as '"'powers conferred on a landlord," though they are not embraced in the popular conception of that phrase. Of this nature is the giving a written consent to the tenant's executing an im- provement mentioned in the tirst part of the First Schedule (section 3). Such a consent might have been given before the Act, but the effect would then only have been to waive any forfeiture for waste which might technically have been the result of the improve- ment. By virtue of this Act, such consent empowers the tenant to obtain compensation from the landlord for the improvement. If the tenant could obtain the compensation only from the landlord who gave the consent, or fi'om him and his heirs, it would be a misuse of words to call giving such a consent a 'power conferred on the landlord. But in the case of bishops and incumbents, the liability to pay the compensation does not necessarily fall upon the landlord who gives the consent, and never upon his heirs. His successor in the see or living is the person liable to pay if the tenant does not quit the holding during the lifetime or incumbency of the consenting landlord, and therefore section 3, which enables a landlord to make the landlord, ■i.e., the person for the time being entitled to receive the rents and profits (section 61), liable to pay compensa- tion for permanent improvements executed by a tenant, confers a power upon a bishop or incumbent to bind his successor in the see or living to make the payment if the tenant should quit the holding during the life tenancy of such successor. Such a power is therefore restrained by the provisions of this section. A com- 46 3f 47 Vict. Cap. 61. 109 plete enumeration of the powers conferred by this Act Sect. 38. on a landlord would include — 1^^ (i.) Giving a written consent under section 2 (sub- section 2). (ii.) Giving a written consent under section 3. (iii.) Executing drainage works and charging the tenant with repayment of the outlay (section 4). (iv.) Giving counter-notice in writing of his inten- tion to claim in respect of waste or breach (section 7) . (v.) Obtaining a charge on the holding for the amount of compensation paid (section 29). (vi.) Electing to purchq^e fixtures (section 34, sub- section 5). (vii.) Giving notice to a tenant to quit part of the holding with a view to resumption of the same for improvements (section 41). (viii.) Selling goods and chattels distrained for rent without causing them to be previously appraised. Of these (iii.), (v.), and (vii.) are obviously pmoers in the strict sense of the word conferred by this Act. Independently of it the landlord would not be entitled to enter upon the land to drain it without the tenant's consent, or to charge him with repayment of the outlay ; nor could he obtain a charge on the holding ; nor give the tenant a valid notice to rpiit a part only of the holding. As to (vi.) it may be said that the power of electing to purchase fixtures instead of allow- ing the tenant to remove them is not a power conferred by this Act on the landlord, but a limitation of his common law right to take the fixtures without paying anything for them at all. Although it may seem ridiculous to require the written consent of the Eccle- siastical Commissioners to sell a distress without ap- praisement (viii.), the right to do so is evidently a power conferred by the Act on the landlord. As to (iv.), it is doubtful whether it is properly called a " power," but it is included here on the ground that without the provisions of the Act such a notice would 110 46 ^c 47 Vict. Cap. 61. Sect. 38. be inoperative, whereas by virtue of the Act the land- -xTT" lord can, by giving such notice, recover damages against his tenant for breach of covenant without resorting to an action at law. Landlord, 39. When a landlord is incumbent of an incumbent of bene- ecclesiastical benefice (a) . the powers by this Act conferred on a landlord (b) 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 bene- fice {c), that is the person, officer, or authority who, in case the benefice were vacant, would be entitled to present thereto, or of the Governors of 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 {d), 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 themselves. Every such charge shall be effectual (e), not- withstanding any change of the incumbent. (a) Benefice. This word is defined by section 15 of 5 & 6 Vict, c. 27, an " Act for better enabling incumbents of eccle- 46 6f 47 Vict. Cap. 61. Ill siastical benefices to demise tlie lands belonging to Sect. 39. tbeir benefices on farming leases," as comprehending Note. " every rectory, vicarage, perpetual curacy, donative, endowed public chapel, parochial chapelry and district chapelry, the incumbent of which in right thereof shall be a corporation sole. " {b) Powers by this act coxferred on a landlord. (See note to section 38, arite.) (c) Patron of the benefice. No special provision is made in this Act for obtaining the approval in writing of the Crown when the Crown is patron of the living. It is submitted, however, that in such case the provisions of 1 & 2 Vict. c. 106, s. 126,* will be applicable to this Act. * " In any case in which the consent of the patron of any benefice shall be required to the exercise of any power given by this Act, or in which any notice shall be required by this Act to be given to the patron of any benefice, and the patronage of such benefice shall be in the Crown, the consent of the Crown to the exercise of such power shall be testified, and such notice shall be given respectively in the manner hereinafter mentioned (that is to say): if such benefice shall be above the yearly value of ^20 in the Queen's books, the instrument by which the power shall be exercised shall be executed by, and any such notice shall be given to the Lord High Treasurer, or First Lord Commis- sioner of the Treasury for the time being ; and if such benefice shall not exceed the yearly value of £20 in the Queen's books, such instrument shall be executed by, and any such notice shall be given to the Lord High Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal, for the time being ; and if such benefice shall be within the patronage of the Crown in right of the Duchy of Lancaster, such instrument shall be executed by and any such notice shall be given to the chancellor of the said duchy for the 112 Agricultural Holdings [England) Act, 1883. Sect. 39. ((J) May, if they think fit. Note. It will be noticed that an incumbent may exercise the powers by this Act conferred on the landlord if he obtains the previous approval either of the patron or of the Governors of Queen Anne's Bounty. If the approval of the Governors of Queen Anne's Bounty is obtained, it is hardly to be assumed that they will refuse to pay any compensation to a tenant which becomes due in respect of improvements made with their approval. But it may often happen that where the patron's ap- proval only has been obtained, they may refuse to pay the compensation. It would be advisable, therefore, in most cases, for an incumbent before giving his con- sent to the tenant's executing any improvements in Part I. of the First Schedule, to obtain the approval of the Governors of Queen Anne's Bounty rather than » that of the patron. If the incumbent has to pay compensation to a tenant of the glebe lands he may, with the approval of the patron or of the Governors of Queen Anne's Bounty, himself obtain a charge on the holding under sec- tion 29. As, however, he has only a life interest in the lands, he is not " absolute owner of the holding for his own benefit," and therefore no instalment or in- terest charged shall be made payable after the time when the improvement in respect whereof compensa- tion is paid will be taken to be exhausted. If the improvement for which compensation is paid is not exhausted at the death of the incumbent who has paid the compensation, the charge wall bind the lands during the incumbency of his successor (section 30). time being ; and the execution of such instrument by and any such' notice given to such person or persons shall be deemed and taken for the purposes of tlus Act to be an execution by and a sufficient notice to the patron of the benefice." 46 ^ 47 Vict. Cap. 61. 113 (e) Every such charge will be effectual, etc. Sect. 39. No form of charge is prescribed which the Governors Note. of Queen Anne's Bounty can obtain in favour of them- selves. As they are not in any sense of the word " land- lords" of the holding, the special limitations of section 29, which apply only to " landlords," are inapplicable to them. It follows, therefore, that the duration of the charge is limited only by the discretion of the county court, and not by the date at which the improvements, for which compensation has been paid, are taken to be exhausted, as in the case of landlords who are not abso- lute owners for their own benefit. 40. The powers by this Act conferred on a Landlord, landlord in respect of charging the land shall not trustees, be exercised by trustees for ecclesiastical or chari- table purposes, except with the previous approval in writing of the Charity Commissioners for Eng- land and Wales. Subject to the limitation in this section, trustees for ecclesiastical or charitable purposes fall within the general provisions of section 31 respecting trustees. Resumption for Improvements and Miscellaneous. 41. Where on a tenancy from year to year a Resump- notice to quit (a) is given by the landlord with possession a view to the use of land for any of the following ^°^ ^'^\ " ° tages, &c. purposes : The erection of farm labourers cottages or other houses, with or without gardens ; The providing of gardens for existing farm labourers cottages or other houses ; I 114 Agricultural Holdings {England) Act, 1883. Sect. 41. 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 con- struction 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 holding. In every such case [b) the provisions of this Act respecting compensation shall apply as on deter- mination of a tenancy in respect of an entire holding. The tenant shall also be entitled to a pro- portionate reduction of rent (c) in respect of the land comprised in the notice to quit, and in re- spect of any depreciation of the value to him of the residue of the holding, caused by the with- drawal 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 46 ^ 47 VicL Cap. 61. 115 settled by a reference under tliis Act, as in case Sect. 41. ■of compensation (but without appeal) . The tenant shall further be entitled, at any- time within twenty-eight days after the 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 year of tenancy; and the notice to quit shall have effect accordingly, ^a) Notice to quit. The length of the notice must be the same as it would be necessarj'^ to give if the notice applied to the entire holding instead of to a part only. As this sec- tion applies only to tenancies from year to year, this will in general be a year's notice (section 33). By the common law a notice to quit part only of the demised premises is bad. (Right d. Fisher v. Cuthell, 5 East, 498 ; Doe d. Rodd v. Archer, 14 East, 224.) The notice to (]uit must be in writing. This follows from the following considerations : It must state that the land is being resumed for one of the purposes mentioned in this sec- tion ; it is " a notice under this Act," service of which is regulated by section 28, none of the provisions of which are applicable to a verbal notice ; and by the last clause of this section the tenant has twenty-eight days after service of the notice, within which he may give a counter-notice that he accepts the same as a notice to quit the entire liolding. (See Moylev. Jenkins, L. R. 8 Q. B. D. 116 ; 51 L. J., Q. B. D. ] 12 ; Keen v. Millwall Dock Company, 51 L. J., Q. B. D. 277; 46 L. T. (n.s.)472.) For form of notice by landlord, see Form 34; by tenant, Form 35. I 3 116 Agricultural Holdings [Englana) Act, 1883. Sect. 41. (5) In every such case, etc. ]jfQ^g_ This claiise does not mean that the tenant is entitled to compensation for improvements executed tipon the entire holding, but only to such as have been executed upon that part to which the notice to quit relates. In order to obtain compensation for these, the tenant must give two months' previous notice in writing to his landlord of his intention to claim compensation (sec- tion 7), and may then agree with the landlord on the amount and mode and time of payment thereof, or pro- ceed to a reference (section 8). The proportionate reduction of rent may be settled in the same reference. (c) Proportionate reduction of rent. There must necessarily be a great variation in the amount of compensation that may be due to a tenant for severance of part of his holding. If a piece of land is taken by the landlord, and labourers' cottages built upon it, it is probable that the value of the whole holding will thereby be consider- ably improved ; while, on the other hand, the resump- tion of a tract of meadow or marsh land, usually let with an upland farm, may render the rest of the holding entirely valueless to the tenant. Between these extremes every gradation of damage or supposed damage may occur, so that it is impossible to lay down any general rule for the assessment of the com- pensation which is to take the form of reduction of rent. Provision 42. Subject to the provisions of this Act in limited relation to Crown, duchy, ecclesiastical, 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 owners. 46 6f 47 Vict. Cap. 61. 117 respect of which compensation is payable under Sect. 42. this Act 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 iJ. the case of a leasehold possessed of the whole •estate in the leasehold. This section is an amplification of the definition of "landlord" in section 61, and brings into prominence one result that may follow from the Act, in respect of which proper precautions must be taken. If a tenant under a lease for a term of twenty- one years lets the holding to a sub-tenant for the residue of the term less one day, the sub-tenant may at any time before the last year of his tenancy (section 59) give notice to his land- lord under section 4 of his intention to execute drainage works upon the holding. The lessee has three courses open to him; he may allow the sub-tenant to execute the works; or he may execute them himself without giving notice to his own landlord of his intention so to do; or he may as soon as he receives the notice from the sub-tenant himself give a similar notice to his own landlord, the reversioner. If he simply allows the sub-tenant to execute the works, he will suffer a considerable loss, for he will have to pay the sub-tenant compensation for the improve- ments and will have no remedy against his own land- lord to recover any part of it, and his own tenancy having expired, he will be unable to get a charge on the land. So, if he executes the works himself without giving notice to the reversioner under section 4, he will lose a considerable part of his outlay, inasmuch as he can obtain no compensation himself from the reversioner, and he can only charge the sub-tenant with interest on, or repayment by instalments of, the outlay (under 118 Agricultural Holdings {England) Act, 1883. Sect. 42. section 4) so long as the sub-tenancj continues, which Note. ^^ *h<^ case supposed is for a period less than twenty- five 3'ears. It is evident therefore that the best course for the lessee to pursue is immediately to give his own land- lord a notice similar to that which he himself received from the sub-tenant. If the reversioner does not undertake to execute the works himself, the lessee may do them and charge the sub-tenant with payment of interest on, or repayment by instalments of, the outlay while the sub-tenancy lasts, and when his own term expires may claim compensation from the reversioner for the unexhausted improvement. If the reversioner executes the works himself and charges the lessee with interest on, or repayment by instalments of,, the outlay, the question will arise whether the lessee can in his turn charge the sub-tenant with payment to him of the interest or instalments which he has to pay to the superior landlord. This appears to be a casus omissus in the Act. As the sub- tenant gets the whole benefit of the improvement and the lessee none, it is only equitable that the ultimate payment of the interest or instalments should be made by the sub-tenant. But under section 4, it would seem that only the landlord who actually executes the ivorks is entitled to charge his tenant with interest or repayment of the outlay incurred. As the lessee in the case supposed has not executed the works or incurred any outlay in executing the improvement, he does not apparently come within the terms of section 4 so as to be able to charge the sub-tenant. . It would appear then that when a sub-tenant gives notice of his intention to execute drainage works, his immediate landlord must (unless there is a long residue of his own term unexpired), in order to avoid an in- evitable loss, give a similar notice to his own landlord; if his own landlord allows him to execute the works he will be recouped his outlay; but if his own landlord 46 ^ 47 Vict. Cap. 61. 119 executes them himself and charges him with interest on Sect. 42. or repayment by instalments of the outlaj^, he cannot -^^q recover any such payments from the sub-tenant. 43. When, by any Act of Parliament, deed, Provision . fill- ■ ^^ ^^^^ '^^ or other instrument, a lease or a nolamg is reservation authorized to be made, provided that the best °^ ^^'^*- rent, or reservation in the nature of rent, is by such lease reserved, then, whenever any lease of a holding is, under such authority, made to the tenant of- the same, it shall not be necessary, in estimating such rent or reservation, to take into account against the tenant the increase (if any) in the value of such holding arising from any improvements made or paid for by him on such holding. This section is to the great advantage of good tenants- Formerly, if a tenant improved his holding, trustees at the expiration of his lease might be bound by a deed of settlement to raise his rent, so that it might be the best rent obtainable; otherwise they would have been guilty of a breach of trust. By this section they are relieved from such an obligation, and the tenant may obtain a new lease at the same rent if the trustees, &c., are willing to grant it. The trustees, however, have an option in the matter. 130 Agricultural Holdings {England) Act, 1883. PART II. Distress. Sect^44. 44_ ^ftgj. ^jjg commencement of this Act it Jf distress'' ^^^^^ °«* be la^f^l for any landlord entitled to in respect the rent of any holding to which this Act applies of amount j- • p and time, to distram for rent, which became due in respect of such holding, more than one year before the making of such distress, except in the case of arrears of rent in respect of a holding to which this Act applies existing at the time of the passing of this Act, which arrears shall be recoverable by distress up to the first day of January one thousand eight hundred and eighty- five to the same extent as if this Act had not passed. Provided that where it appears that according to the ordinary course of dealing between the landlord and tenant of a holding the payment of the rent of such holding has been allowed to be deferred until the expiration of a quarter of a year or half a year after the date at which such rent legally became due, then for the purpose of this section the rent of such holding shall be deemed to have become due at the expiration of such quarter or half year as aforesaid, as the case 46 ^ 47 Vict. Cap. 61. 121 may be, and not at the date at whicli it legally Sect44. became due. This section applies only to the power of distra ut exerciseable by a " lamllord entitled to the rent of any holding." It does not affect the right of the owner of • a rentcharge to distrain, as he does not fall within the definition of a "landlord." The power of a landlord to distrain for rent was at the passing of this Act regulated by 3 & 4 Will. 4, c. 27, s. 42, which provided that no arrears of rent should be recovered by any distress but within six years next after the same should have become due, or next after an acknowledgment of the same in writing should have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable or his agent. The limit of one year within which by this section the landlord must distrain is absolute; it must be calculated from the day on which the rent became due, and cannot as formerly be extended by an acknowledgment signed by the tenant that the rent is due. When the rent is reserved generally and no stipula- tion is made as to its being paid quarterly or half- yearly or otherwise, it is payable yearly and BOthing is due until the end of a year of tenancy. (Cole v. Sury, Latch. 264; Coomber v. Hoivard, 1 C. B. 440.) It will be noticed that only two particular cases are excepted from the general rule that a landlord may not distrain for rent which became due more than a year before the making of such distress, viz., where the payment of the rent is by custom deferred until the expiration of a quarter of a year, or where it is de- ferred until the expiration of half a year after it became legally due. The selection of the two par- ticular periods of a quarter of a year and a half year at the expiration of which the rent is to be deemed due, 122 Agricultural Holdings [England) Act, 1883. Sect, 44. and from the expiration of lohich the year is to be cal- Note. culated within which a distress may be made, shows that where the rent is by custom payable on some day either more or less than a quarter of a year or a half year after it became legally payable, the year's limit within which the landlord may distrain will begin to run from the day on which the rent became legally payable, and not from the customary rent day. Thus if payment of the Michaelmas rent is customarily made on the 1st January (see Greville v. Reilly, L. R. Ir. 10 C. L. 333), the year's limit will begin to run from Michaelmas, not from the 1st January, as that day does not correspond with the expiration either of a quarter of a year or half a year after the time when the rent became legally due. The expression " on the expiration of" a specified period has been interpreted as meaning just as the period was about to exi^ire. Thus in regard to section 9 of the Bills of Sale Act, 1878, whicli avoids a bill of sale made " on the expiration of seven days " after the execution of a prior unregistered bill of sale, it was held in Garrard v. Meek, 60 L. J., C. P. 187; 29 W. R. 244, that a subsequent bill of sale executed two months after the execution of a prior unregistered bill of sale was not void as having been executed " on the expiration of seven clays" after the execution of the prior bill, as those words did not mean "after seven days had expired." So in this section it would seem that the words " allowed to be deferred until the expiration of a quarter of a year or half a year" and " deemed to have become due at the expiration of such quarter or half year " cannot, in accordance with the decision in Garrard v. Meek, be taken to mean " de- ferred until some time after a quarter of a year or a j half year have expired," but must be construed as ' referring only to the exact period of a quarter or haK year after the day on which the rent becomes legally- payable. 46 af 47 Vict. Cap. 61. 123 45i Where live stock belonging to another Sect. 45. person has been taken in by the tenant of a hold- Lumtatiou . , , . . oi distress ing to which this Act applies to be fed at a fair in respect price agreed to be paid for such feeding by the ^^ te^dfs- owner (a) of such stock to the tenant, such stock trained, shall not be distrained by the landlord for rent where there is other sufficient distress to be found, and if so distrained by reason of other sufficient distress not being found, there shall not be re- covered by 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, and it shall be lawful for the owner of such stock, at any time before it is sold {b), to redeem such stock by paying to the distrainer a sum equal to such price as aforesaid, and any 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 holding 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 bona fide paid to the tenant under the agreement. 124 Agricultural Holdings [England) Act, 1883. Sect. 45. then to the full extent of the price then remaining unpaid. Agricultural or other machinery which is the bona fide property o£ a person other than the tenant, and is on the premises of the tenant under a bona 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 bona fide property of a person other than the tenant, and is on the premises of the tenant solely for breeding pur- poses, shall not be distrained for rent in arrear. The following things are, independently of this Act, absolutely privileged from distress : — {a) Fixtures. {h) Amnidls, ferce natures. (c) Goods delivered to a person in the way of his trade. {d) Things in actual use. (e) Things in the custody of the law. (/) The goods of an ambassador. {g) The goods of a lodger. {h) Gas meters, if the property of a gas company incorporated by Act of Parliament. {%) Railway rolling stock in any works not belong- ing to the tenant of the works. [(a) Hellaivell v. Eastwood, 6 Ex. 295 ; (b) Co. Lit. 47; (c) Sivire v. Leach, 34 L. J. C. P. 150; (d) Simpson v. IIartop2), 1 Smith L. C. (7th ed.) 439; (e) Co. Lit. 47a; Eaton v. Southby, WiUts, 131; (/) 7 Ann. c. 12, s. 3; (g) 34 & 35 Vict. c. 79; (h) 10 Vict. c. 15, s. 14; (t) 35 & 36 Vict. c. 50, s. 3.] i The following things are privileged from distress provided only that there is other sufficient distress on the premises : — (Jc) Beasts of the plough and sheep. 46 ^47 Vict. Ca]}. 31. 125 (/) Tools of trade in actual use. Sect. 45. [(k) Keen v. Priest, 4 H. & N. 236; (0 Gorton v. n^. Falhier, 4 T. R. 565. See Woodfall, L. & T. (llth ed.) p. 395.] Subject to the above exceptions, all cattle, goods, and chattels, whether belonging to the tenant or to a stranger, which are found upon the premises in respect of which rent is in arrear, for whatever purpose they may be upon the premises, are, apart from this Act, distrainable by the landlord. (Gilb. Distr. 33; 3 Bl. Com. 7; Woodfall, L. &T. (llth ed.), p. 396.) By virtue of this section, if the holding is one to which this Act applies (section 54), there is added to the list of things absolutely privileged from distress : — (1.) Machinery which is the bond fide property of any person other than the tenant, and is on the premises under a bond fide agreement with the tenant for the hire or use thereof in the conduct of his business. (2.) Live stock which is the bond fide property of some person other than the tenant, and is on the premises solely for breeding purposes. It is a growing practice with farmers in many districts to buy machinery on what is known as the " hire system." The agreement which regulates the transaction usually provides for the payment of in- stalments by the hirer on specified days, and that the machinery shall become the property of the hirer upon due payment of the last instalment, with a proviso that, until tlae whole of the instalments have been paid, the machinery shall remain the sole and absolute proj^erty of the lessor, and that meanwhile it is only lent on hire to the hirer. It has been decided that under an agree- ment of this kind the goods lent on hire do remain the bond, fide property of the lessor until the whole of the instalments are paid. {Ejc parte Poivell, 1 Ch. D. 501 ; 45 L. J., Bkcy. 100; Ex parte Crawcour, 9 Ch. D. 420.) The machinery is therefore meanwhile the ''bond 126 Agricultural Holdings [England) Act, 1883. Sect. 45. fide property of a person other than the tenant," but j^^_ the question may arise whether it is on the tenant's premises " under a bond fide agreement with him for the hire or use thereof," and therefore privileged from distress under this section. On the one hand it may be urged that if the agreement is in other respects bond fide, the provision that the machinery is to become the property of the hirer at the end of the hiring in no way detracts from the agreement being " a bond fide agreement for the hire or use thereof" until it becomes the hirer's property; consequently, that it is meanwhile privileged from distress. On the other hand it may be said that the contract is only in form a contract of hire, but in reality a contract of purchase, and that although the tenant has no property in the goods, he has an interest that a mere hirer of a chattel has not. It will be for a court to decide the question, but in the meantime it is submitted that machinery, &c., on the premises on the "hire system" is not protected from distress. And by virtue of this section, if the holding is one to which the Act applies, there is added to the list of things privileged from distress, provided there is other sufficient distress on the premises : — " Live stock belonging to another person taken in by the tenant of the holding to be fed at a fail- price agreed to be paid for such feeding by the owner of such stock to the tenant." By section 61, "Live stock" includes any animal capable of being distrained; that is, any animal except cats, ferrets, &c., which are considered to be either vermin or of no value, and animals feroe naturce. (Co. Lit. 47; Woodfall, L. & T. (11th ed.) 399). It is still a matter of doubt whether dogs are distrainable. Lord j Coke thought they were not (Co. Lit. 47a), but the opinion of modern judges has been that they are. (Davies v. Powell, Willes, 48; Bunch v. Kermington, 1 Q. B. 679.) 46 ^ 47 Vict. Cap. 61. 127 (a) Owner. Sect. 45. It is probable that the phrase " owner of such Note, stock" will be interpreted as including every person who could maintain trover for conversion of the stock by a wrong doer, and not be confined to merely the rightful or absolute owner. (See Armory v. Delamirie, 1 Smith, L. C. 315 (7th ed.) and cases there col- lected.) Otherwise the intention of the Act would in certain cases be frustrated, e.g., if a farmer has hired rams from a breeder for the season, and depastured them on the land of a tenant of a holding to which this Act applies, at a fair price agreed upon between him and the tenant, they would not be protected from distress unless he was considered as the "owner of such stock." It would seem that if the price agreed upon is not a " fair price," the stock is not privileged from distress at all. If, therefore, the bailiff is not satisfied as to the amount tendered by the owner to redeem the stock, he should not part with it, but let the owner try the question under the provisions of section 46. (b) At any time before sold. By section 61, the period for replevying goods dis- trained is extended to fifteen days, " if the tenant or owner make a request in that behalf, in writing, to the landlord or person levying the distress." And by sec- tion 50, the goods distrained must, at the request in writing of the tenant or owner, be removed to a public auction room, or to some other fit and proper place specified in the request. 46. Where any dispute arises — Remedy {aj in respect of any distress having been levied fu[(iCtr°88 contrary to the provisions of this Act ; or ander this CbJ as to the ownership of any live stock dis- trained, or as to the price to be paid for the feeding of such stock ; or 128 Agricultural Holdings {England) Act, 1883. Sect. 46. (cj as to any other matter or thing relating to a distress on a holding to which this Act ap- plies ; such dispute may be heard and determined by the county court or by a court of summary jurisdic- tion, and any such county court or court of sum- mary jurisdiction may make an order for restora- tion of any live stock or things unlawfully distrained, or may declai'e the price agreed 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 dispute as mentioned in this section shall be deemed to be a matter in which a court of summary jurisdiction has authority by law to make an order on com- plaint in pursuance of the Summary Jurisdiction Acts ; but any person aggrieved by any decision of such court of summary jurisdiction under this section may, on giving such security to the other party as the court may think just, appeal (a) to a court of general or quarter sessions. The Summary Jurisdictioa Acts include llie Sum- mary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and any Act past or future amending either of those Acts. (See 42 & 43 Vict. c. 49, s. 50.) The complainant may apply for relief under this section either to the county court or to a court of sum- mary jurisdiction ; and either court may, besides the particular orders specified, make " any other order which justice requires," where there is a dispute " as 46 ^ 47 Vict. Cap. 61. 129 to any other matter or tiling relative to a distress on a Sect. 46. holding to whicli this Act applies." Taken in their .jTT widest sense these words would confer on a court of summary jurisdiction the power to grant a replevy in every case of a distress levied upon a holding to which this Act applies. Apart from the fact that there is no machinery in a court of summary jurisdiction for issu- ing a replevy, it is submitted that as the matters specified in the section in respect of which orders may he made by a court of summary jurisdiction, are limited to offences or disputes arising by reason of the new pro- visions of this Act, its jurisdiction is not extended by the general words of the section so that it can take cognizance of disputes relative to distresses which do not arise out of the provisions of this Act. For instance, it is submitted that a court of summary jurisdiction would properly entertain a complaint from an owner of machinery upon a holding showing that it had been distrained by the landlord and requesting an order that it should be delivered to him as owner ; but would not have jurisdiction to entertain a complaint from the tenant or from the o^\^ler of goods upon the holding not privileged from distress, requesting a replevy of such goods. (See Wilberforce, Statute Law, p. 171, et seq.) (a) Appeal. The provisions respecting an appeal to quarter ses- Set-off of sions from an order of a court of summary jurisdiction compensa- are contained in section 31 of the Summary Jurisdic- '^ , tion Act, 1879. (See ])ost, Statutes.) An appeal from pg^^ the county court to the High Court will, it seems, lie as at present. 47. Where the compensation due under this Act, or under any custom or contract, to a tenant has been ascertained before the landlord distrains for rent due, the amount of such compensation K 130 Agricultural Holdings (England), Act, 1883, Sect. 47. may be set off against the rent due, and the land- lord shall not be entitled to distrain for more than the balance. No compensation is due under this Act (section 1), or under any custom until the tenant has quitted the holding upon the determination of his tenancy. There- fore no such compensation can be ascertained until he has quitted the holding. By 8 Ann. c. 14, ss. 6, 7, the landlord's right to distrain for rent in arrear continues for six calendar months after the determination of any lease for a life or lives, or for years, or at -will. But it has been held that where a tenant has quitted posses- sio7i of a farm at the determination of his lease without any intention of returning, the landlord was not after- wards entitled under that statute to distrain on any goods he may have left behind. (Taylerson v. Peters, 7 A. & E. 110.) But in most districts there is a custom for the tenant to enter upon the land after the determination of his tenancy to carry away a crop he has sown, unless it has been taken at a valuation by the incoming tenant, and this crop the landlord is entitled to distrain under the statute to the extent that it is now modified by this section. Exchision 48. An order of the county court or of a court of cer- tiorari, 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. Limitation 49. No person whatsoever making any dis- of costs in 1 1 T case of tress for rent on a holdmg to which this Act applies when the sum demanded and due shall ex- ceed the sum of twenty pounds for or in respect of such rent shall be entitled to any other or more 46 ^ 47 Vict. Cap. 61. 131 costs and charges for and in respect of such dis- Sect. 49. tress or any matter or thing done therein than such as are fixed and set forth in the Second Schedule hereto. By 57 Geo. 3, c. 93 {post, Statutes), the charges, where the sum distrained for is less than ^20, are as follows: — £ s. d. 3 2 6 Levying distress Man in possession, per day Appraisement, whether by one broker or more, 6d. in the pound on the value of the goods Stamp, the lawful amount thereof All expenses of advertisements, if any such ... ... ... 10 Catalogues, sale and commission, and delivery of goods, Is. in the pound on the net produce of the sale When a distress is made for rent in arrear exceeding ^20, the above statute does not apply, though the goods distrained are appraised and sold at less than £20. {Child V. Chamberlain, 5 B, & A. 1049.) In such a case the Second Schedule to this Act will for the future apply. Hitherto when the distress was made for a sum exceeding ^20 the only limit to the costs and charges was tbat they must be reasonable. {Lyon V. Tomkies, 1 M. & W. 603.) In case the landlord or bailiff retains from the sum. realized by the sale of the goods distrained any greater costs, and charges than those sanctioned in the Second Schedule hereto the tenant may apply to the county court or to court of summary jurisdiction for redress under the provisions of section 46 of this Act, and the court shall make such order as justice requires. K 2 133 Agricultural Holdings {England) Act, 1883. Sect. 50. 50. So mucli of an Act passed in the second Repeal of year of the reign of their Majesties King William Is^c.Tf^ the Third and Mary, chapter five, as requires B. 1, as to appraisement before sale of goods distrained is merit and hereby repealed as respects any holding to which public this Act applies, and the landlord or other person auction, leyying a distress on such holding may sell the goods and chattels distrained without causing them to be previously appraised ; and for the pur- poses of sale the goods and chattels distrained shall, at the request in writing of the tenant or owner of such goods and chattels, be removed to a public auction room or to some other fit and proper place specified in such request, and be there sold. The costs and expenses attending any such removal, and any damage to the goods and chattels arising therefrom, shall be borne and paid by the party requesting the removal. By 2 W. »& M. sess. 1, c. 5, s. 2, it was enacted, "Where any goods sliall be distrained for rent re- served and due upon any demise, lease, or contract whatsoever, and the tenant or owner of the goods so distrained shall not, ivithinfive days next after such dis- tress taken and notice thereof (with the cause of such taking) left at the chief mansion house or other most notorious place on the premises rej^Ievy the same, in such case the person distraining shall cause the goods so distrained to be a])]praised by tivo appraisers, and after such appraisement may sell the same for the best price ' that can be gotten for them, towards satisfaction of the rent and charges of the distress, appraisements, and .sale, leaving the overplus (if any) for the owner's use." 46 ^47 Vict. Cap. 61. 133 Either the tenaut or the owner of the goods dis- Sect. 50. trained may request that the goods distrained be -^^q removed to a public auction room or other fit and proper place for the purposes of sale. The section does not state on whom the request is to be served, but presumably it may be served either on the landlord or his bailiff, the latter being an " other person levying a distress" (see section 51). But if the goods distrained belong partly to the tenant and partly to some person other than the tenant, it would appear from the words of the section that the tenant may, by request in writing, have the whole of the goods removed ; whereas the owner of goods (other than the tenant) can only insist upon the removal of such of the goods distrained as belong to him. For forms of request to remove goods, see post, Forms 36, 37. • For mode of service of request, see section 28. 51. The period of five days provided in the Extension . time to said Act of William and Mary, chapter five, withm replevy at which the tenant or owner of goods and chattels [eaant ^ distrained may replevy the same shall, in the case of any distress on a holding to which this Act applies, be extended to a period of not more than fifteen days, if the tenant or such owner make a request in writing in that behalf to the landlord or other person levying the distress, and also give security for any additional costs that may be occasioned by such extension of time. Provided that the landlord or person levying the distress may, at the written request or with the written consent of the tenant, or such owner as aforesaid, 134 Agricultural Holdings {England) Act, 1883. Sect. 51. sell the goods and chattels distrained or part of them at any time before the expiration of such extended period as aforesaid. For 2 W. & M. c. 5, s. 2, see note to the previous section. For proceedings in replevin see Woodfall, L. & T. (11th ed.), p. 454, et seq. If the separate property of two persons he unlawfully distrained they cannot join in a replevin, hut eacb must reple\'y his own goods. (Co. Lit. 1456; Bro. Abr. tit. " Replevin," pi. 12; Gilh. Repl. 152.) If, there- fore, the goods of the tenant and of some person other than the tenant be distrained, separate requests must be made under this section by the tenant and the other owner to the landlord or other person levying the distress to extend the period of five days, and separate securities must be given for the additional costs. No particular time is specified withm which the request for the extension of time must be made. As the tenant or owner might before this Act avail himself of the right to replevy ai any time, notwithstanding the goods had been removed from the premises after the five days limited by 2 W. & M. c. 5, s. 2, and appraised, so long as they remained unsold (Jacob v. King, 5 Taunt. 451 ; Griffiths v. Stephens, 1 Chit. Rep. 196), it would seem that the request for extension of time under this section may be validly made at any time before the expiration of the fifteen days from making the distress, provided the goods have not been sold. Under the statute 2 W. & M. c. 5, it has been held that the five days must be calculated exclusively of the day of taking and also exclusively of the day of sale. (Robinson v. IVadclington, 13 Q. B. 753.) The fifteen days limited by this section must therefore be calcu- I " lated in the same way. So that if a distress be taken and notice given on the 1st day of January, and the tenant requires extension of time to replevy under this section, the goods and chattels distrained may not be 46 6f 47 Vict. Cap. 61. 135 sold until the I7tli day of January, or if that day is a Sect. 51. Sunday, untU the following day. {Lucas v. Tarleton, -^^ 3 H. & N. 116.) No action, however, will lie for selling too soon unless actual damage be shown. (Lucas V. Tarleton, supra; Rodgers y. Parker, 18 C. B. 112.) By 8 Ann. c. 14, s. 1, it is provided that the rent due to the landlord of any premises on which an execution is levied (not exceeding one year's rent), must be paid by the execution creditor to the landlord or his bailiff before the removal of any of the goods from the pre- mises. By 19 & 20 Vict. c. 108, s. 75, it is however enacted that : — " Section one of the Act of the eighth year of the reign of Queen Anne, chapter fourteen, shall not apply to goods taken in execution under the warrant of a county court, but the landlord of any tenement in which any such goods shall be so taken, may claim the rent thereof at any time within five clear days from the date of such taking, or before the removal of the goods, by deliver- ing to the bailiff or officer making the levy any writing signed by himself or his agent, which shall state the amount of rent claimed to be in arrear, and the time for and in respect of which such rent is due ; and if such claim be made, the bailift' or officer making the levy shall in addition thereto distrain for the rent so claimed and the costs of such distress, and shall not, within Jive days next after such distress, sell any i^art of the goods taken unless they be of a perishable nature, or upon the request in vrriting of the party whose goods shall have been taken ; and the bailiff shall afterwards sell such of the goods under the execution and distress as shall satisfy, first, the cost of and incident to the sale ; next, the claim of such landlord, not exceeding the rent of four weeks, where the tenement is let by the ■week, the rent of two terms of payment where the tenement is let for any other term less than a year, and the rent of one year in any other case ; and, lastly, the amount for which the warrant issued ; and if any 136 Agricultural Holdings {England) Act, 1883. Sect. 51. replevin be made of the goods so taken, the bailiff shall, j^g notwithstanding, sell such portion thereof as will satisfy the costs of and incident to the sale under the execu- tion, and the amount for which the warrant issued ; and in either event the overplus of the sale, if any, and the residue of the goods shall be returned to the tlefendaut ; and the poundage of the high bailiff and broker for keeping possession, appraisement, and sale under such distress, shall be the same as would have been payable if the distress had been an execution of the county court, and no other fees shall be demanded or taken in respect thereof." It is clear that the " five days next after such distress " mentioned in this statute within which the bailiff or officer making the levy may not sell any of the goods taken, are the period of five days granted by 2 W. & M. c. 5, s. 2, within which the tenant may replevy* As these five days may by the operation of section 51 of this Act be extended to 15 days it is probable that the bailiff' or officer making the levy would not be jus- tified under section 75 of 19 & 20 Vict. c. 108, in selling before the expiration of 15 instead of five days, where a request has been duly made by the tenant or owner of the goods and chattels distrained to extend the time under section 51 of this Act. No provision is made in tliis Act for determining, in case of difference between the landlord and tenant, what may be sufficient security for the additional costs that may be occasioned by the extension of time to replevy. But by 19 & 20 Vict. c. 108, it is enacted, section 70: "Where by this Act, or any act relating to the county coui'ts, a party is requii-ed to give security, such security shall be at the cost of the party giving it, and in the form of a bond, WT.th sureties, to the other party or intended party, in the action or proceeding : ' provided always, that the court in which any action on the bond shall be brought may by rule or order give such relief to the obligors as may be just, and such. 46 &; 47 Vict. c. 61. 137 rule or order shall Lave the effect of a defeasance of Sect. 51. such boud." j^^_ By section 71 : " Where hy this Act^ or any Acts re- lating to the county courts, a party is rec[uired to give security, he may in lieu thereof deposit vith the regis- trar, if the security is recLuired to be given in a county court, or with a master of the superior court if the security is requii-ed to be given in such court, a sum equal in amount to the sum for which he would be re- required to give security, together with a memorandum to be approved of by such registrar or master, and to be signed by such party, his attorney or agent, setting forth the conditions on which such sum is deposited, and the registrar or master shall give to the party pay- ing a written acknowledgment of such payment ; and the judge of the county court, when the money shall have been deposited in such court, or a judge of the superior court when the money shall have been deposited in a superior court, may on the same evidence as would be required to enforce or avoid such bond as in the last preceding section is mentioned, order such sum so deposited to be paid out to such party or parties as to him shall seem just." As a replevy is obtained from the registrar of the county court (19 & 20 Vict. c. 108, s. 63), whether the subsequent action of replevin is brought in the county court or in the High Court, this Act, which regulates the time within which an application for a replevy may be made, is to that extent " an Act relating to the county com-ts." And the security required by section 51 of this Act must therefore, in case of difference, be given in accordance with the provisions of the above- mentioned statute. The practice as to giving security is regulated by Order 30 of the County Court Rules, 1875 {post, Statutes). For form of request for extension of time to replevy, see ■post, Form 38. 138 Agricultural Holdings {England) Act, 1883. Sect. 52. 52. From and after the commencement of this Bailiffs to Act no person shall act as a bailiff to levy any dis- pointed by tress on any holding to which this Act applies court unless he shall be authorized to act as a bailiff by •judges. a certificate in writing under the hand of the judge of a county court ; and every county court judge shall^ on or before the thirty-first day of December, one thousand eight hundred and eighty-three, and afterwards from time to time as occasion shall re- quire, appoint a competent number of fit and proper persons to act as such bailiffs as aforesaid. If any person so appointed shall be proved to the satisfaction of the said judge to have been guilty of any extortion or other misconduct in the exe- cution of his duty as a bailiff, he shall be liable to have his appointment summarily cancelled by the said judge. The penalty imposed upon tlie bailiff by this section is cumulative ; lie is still liable for treble damages in case of misconduct coming within the provisions of 57 Geo. 3, c. 93, s. 2 {yost, Statutes). It will be noticed that the appointment of bailiffs vinder this section is to be made by the judge of a county court, not the county court. The words "county court " are, therefore, not used in relation to the hold- ing on which a distress is levied so as to necessitate the employment of a bailiff appointed by the judge of the county court in which the holding is situate. A bailiff appointed by the judge of one circuit may act any- where in the kingdom. 46 ^ 47 Vict. Cap. 61. 139 PART III. General Provisions. 53. This Act shall come into force on tlie Sect. 53, first day of January, one thousand eight hundred Com- II1611CG* and eighty-four, which day is in this Act referred ment of to as the commencement of this Act. o4. Nothing in this Act shall apply to a Holdings holding that is not either wholly agricultural or Ac^ap^ wholly pastoral, or in part agricultural, and as to P^'^^'* the residue pastoral, or in whole or in part culti- vated as a market garden («), or to any holding let to the tenant during his continuance in any office, appointment, or employment held under the landlord. (a) Market garden. The Act applies to the holding if any part of it is cultivated as a market garden. It is difficult to define what constitutes a market garden as distinguished from a cottage garden or allotment where garden pro- duce is grown. The special characteristic of a market garden appears to be that the whole or greater part of the produce grown in it is sold by the tenant. Whether a cottager who uses part of the garden pro- duce grown upon his holding for his own household purposes and sells the residue will be able to claim compensation under this Act must be left for the court to decide, but it is submitted that he will not. 140 Agy'icultural Holdings {England) Act^ 1883. ect^55. OO. Any contract^ agreement, or coyenant Avoidance jjiade by a tenant, by virtue of which he is de- of agree- _ *^ _ . ment in- privcd of his right to claim compensation under witii Act. ^tis Act in respect of any improvement men- tioned in the First Schedule hereto (except an agreement providing such compensation as is by this Act permitted to be substituted for compen- sation under this Act), shall, so far as it deprives him of such right, be void both at law and in equity. Various devices have already been suggested for evading the operation of this Act, such as inserting an agreement in the lease for payment by the tenant of a penal rent for the last year of the tenancy, with a proviso that the same shall not be payable if the tenant makes no claim to compensation, &c. The terms of this section, however, are so explicit that there is little likelihood of such devices being suc- cessful. " There are many instances in which attempts have been made to break through Acts of Parliament by ingenious artifices which at first sight seem rather the acts of the law than the acts of the parties, and therefore appear to be no violation of the Act of Par- liament. But when a court of law sees that the real intention of the contriver was to violate a statute, and that that intention has been in point of fact efiected by iising acts of the law to compass what the statute prohibits, the judges have looked through the form at the substance and real nature of the transaction." {Jeffries v. Alexander, 8 H. L. C. at p. 629, per \ Btles, J.) For the avoidance of agreements entered into in violation of the policy of statutes, see Booth v. Bank of England, 7 CI. & Fin. 509 (Banking); Staines v. Waimcright, 6 Bing. N. C. 174; Nerot v. Wallace, 46^47 Vict. Cap. 61. 141 3 T. R. 17 (Banki'uptcy); Rogers v. Kingston, 2 Bing. Sect. 55. 441; Hall v. Dyson, 17 Q. B. 785; Murrarj v. Reeves, -JT" 8 B. & C. 421 (Insolvency); Elliott v. Richardson, L. R. 5 C. P. 744 (Winding np); Gipps v. Hume, 2 Johnst. & Hem. 517 (Divorce). It must be remembered, however, that it is entirely ■within the discretion of the landlord to grant or refuse permission to the tenant to make any improvements at all in Part I. of the First Schedule ; and an agree- ment in the lease that the tenant shall do drainage works on any conditions which the landlord may im- pose is perfectly valid. The only condition imposed upon the landlord is, therefore, that an agreement as to compensation for improvements in Part III. of the First Schedule shall be "fair and reasonable." That is a legislative interference with freedom of contract which can only cause offence to landlords who object to what is " fair and reasonable." 56. Where an incoming tenant has, with the Rigbfc of r> 1 • 1 n 1 • T tenant in consent in writing ot his landlord, paid to an respect of outgoing tenant any compensation payable under J^Jent'^^" or in pursuance of this Act in respect of the purchased . . from out- whole or part or any improvement, such incoming going tenant shall be entitled on quitting the holding ^"^^^ ' to claim compensation in respect of such improve- ment or part in like manner, if at all, as the out- going 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 quits the same. The incoming tenant acquires no greater right to compensation by virtue of this section than the out- going tenant would have had if he had remained in 142 Agricultural Holdings [England) Act, 1883. Sect. 56. Note. the holding. The incoming tenant should therefore be careful to see that the compensation which he pays to the outgoing tenant is strictly " compensation under or in pursuance of the Act," or in other words that the improvements are all such as are contained in the First Schedule, and that all the conditions of the Act have been duly observed by the outgoing tenant to perfect his title to compensation for such improve- ments. Otherwise the incoming may pay to the out- going tenant a certain sum for new farm buildings under the belief that he is paying "compensation under or in pursuance of the Act " for the same, and when he himself quits the holding may discover that the buildings were erected vdthout the previous written consent of the landlord. As in such a case the incoming tenant only has the same right to claim compensation as the outgoing would have had had he remained in the holding, he will be able to recover nothing from the landlord. This section does not affect in any way the custom for the incoming tenant to take growing crops, &c., at a valuation. In practice, this valuation is made be- tween the outgoing and the incoming tenant, but as a matter of law the landlord is liable to pay the out- going tenant, and is entitled to receive the amount so paid from the incoming tenant. {Bradhurn v. Foley, L. E. 3 C. P. D. 129; 47 L. J., C. P. 331.) For form of landlord's consent, see post, Form 39. Compensa- 57. A tenant shall not be entitled to claim tion under this Act compensation by custom or otherwise than in exclusive. D^^nner authorized by this Act in respect of any improvement for which he is entitled to compen- sation under or in pursuance of this Act, but where he is not entitled to compensation under 46 ^ 47 Vict. Cap. 61. 143 or in pursuance of this Act he may recover com- Sect. 57. pensation under any other Act of Parliament, or any agreement or custom, in the same manner as if this Act had not passed. During the discussion upon the BUI in the House of Commons two interpretations were placed upon this section. According to one view, its effect is as follows : Where the Act provides that compensation for any improvement shall be payable to the tenant under the Act, provided that he observes all the conditions and follows the procedure directed by the Act, then the tenant shall not in any case be entitled to obtain compensation for such improvement other than the Act provides, or in any manner other than that directed by the Act; but where the tenant has made an improvement which is not contemplated or provided for by the Act, then, and then only, he may recover compensation for the same under any other Act of Parliament, or under any agreement or custom, as though tliis Act had not passed. According to the other view, a tenant may obtaLa compensation by custom or in any manner open to him independently of this Act whenever either by reason of his having failed to observe the conditions of this Act, or by reason of the improvement not being contemplated by the Act he is not entitled to receive compensation under this Act.* It is submitted that the latter is the correct interpretation of the section. * For the former of these views, see Esssay on the Agricultural Holdings Act, 1883, by the Rt. Hon. George Shaw-Lefevre, M.P., XIX. Century, October, 1883, p. 689 ; for the latter, the answer of Mr. Dodson, M.P., to Col. Brise, M.P., in Committee of the House of Commons, Times, Friday, July 20, 1883, p. 7. 144 Agricultural Holdings [England) Act, 1883. Sect. 57. The section is divided into two parts, the former •^^ prohibitive, the latter enabling. By section 60 it is provided that, "except as in this Act expressed, nothing in this Act shall take away, abridge, or pre- judicially affect any power, right, or remedy of a land- lord, tenant, or other person vested in or exerciseable by Mm by virtue of any 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 ennoblements, tillages, away -going crops, fixtures, tax, rate, tithe rentcharge, rent, or other thing." There remains therefore to the tenant the right of obtaining compensation for improvements under any custom of the country or otherwise, unless that right is expressly taken from him by the former part of this section (57). The prohibition imposed upon the tenant is that he " shall not he entitled to claim compensation by custom or otherwise than in manner authorized by this Act in respect of any improvement for which he is entitled to compensation under or in pursuance of this Act." It extends therefore only to the case of improvements for which a tenant is entitled to compensation under or in pursuance of this Act. But a tenant is entitled to compensation under this Act only, " subject as in this Act mentioned" (section 1), that is to say subject to his observing all the conditions of the Act. For instance, if a tenant makes fences on his holding without duly obtaining the previous consent of his landlord, as provided by section 3, that is not an improvement for which he is entitled to compensation under this Act, though it is an improvement for which he might have become entitled to compensation if he had obtained the landlord's consent. He is there- fore, it is submitted, not prohibited under this section from claiming compensation for the improvement by custom, which in Nottinghamshire, North Cheshire, and South Staffordshire is liberal as regards fencings 46 S^ 47 Vict. Cap. 61. 145 To support the contention that the tenant in such a Sect. 57. case is by this section deprived of his right to claim jr^ compensation by custom, it would be necessary to read the words "an improvement for which he is entitled to compensation under or in pursuance of this Act " as identical with " an improvement comprised in the First Schedule hereto." The objections to this are obvious. In the first place, if such had been the intention of the legislature, it would have been much simpler to have used the latter instead of the former expression in this section; and as it was not used, it may be pre- sumed that the expressions do not necessarily denote the same objects. In the second place, a distinction is made (in sec- tion 1) between "improvements comprised in the First Schedule" and improvements for which a tenant is entitled to compensation under this Act ; the former being the wider class from which the latter is formed by the fulfilment of the conditions implied in the phrase " subject as in this Act mentioned." The latter and enabling part of this section is in favour of the contention that the existing rights of a tenant to compensation are preserved to him if he has not entitled himself to compensation under this Act. For whereas the words in the former part are "a tenant shall not be entitled to claim compensation," the words in the latter are, " but where he [the tenant] is not entitled to compensation under or in pursuance of this Act he may recover compensation, &c., as though this Act had not passed." By section 1 a tenant does not become entitled to compensation at all until " quitting his holding upon the determination of his tenancy." He is not entitled even then to compensation under this Act, unless he has observed all the conditions of the Act. He is equally not entitled to compensation under this Act, whether the improvement which he has executed is L 146 . Agj'icultural Holdings {England) Act, 1883. ! Sect. 57. one which is not comprised in the First Schedule, or, -j,7T though comprised in the First Schedule, has been executed without due compliance with the provisions of this Act. The mere fact of the tenant not being entitled to compensation under or in pursuance of this Act for his improvement enables him to recover com- pensation for it under the latter part of this section as though this Act had not passed, without any distinction being made as to the cause of his not being so entitled. It is submitted, therefore, that the effect of this section as a whole is as follows : If a tenant on quitting his holding at the determination of his tenancy is entitled to compensation under this Act for any improvement made during the tenancy (which cannot be the case unless he has observed all the conditions of the Act, including giving notice of his intention to claim under section 7), then, if he claims compensation at all, he must claim it in the manner authorized by this Act ; that is (in case he cannot come to an agreement with the landlord (section 8) ), by submission to a reference, in which the referees will award him as compensation such sum as fairly represents the value of the im- provement to the incoming tenant If, on the other hand, the tenant on quitting his holding is not entitled to compensation under this Act for an im- provement which he has executed during his tenancy, either because he has not prior to quitting his holding complied with all the provisions of this Act, or because the improvement is not one comprised in the First Schedule, then he may claim compensation for the same by custom or under any agreement or other Act of Parliament. Assuming the interpretation of this section here contended for to be the cori'ect one, an important question arises. What are the conditions of the Act which are conditions precedent to the tenant being entitled to compensation under this Act for any im- provements executed by him during his tenancy? 46 ^ 4^7 Vict. Cap. 61. 147 With regard to tlie first and second parts of the First Sect. 57, Schedule, the special conditions imposed by sections 2 is'ote. (sub-section 2), 3, 4, and 59 are sufficiently clear, and are all in the nature of conditions precedent. But assuming these to have been observed, or supposing the tenant to have executed improvements comprised in the third part of the First Schedule, what will be the effect of the non-observance by the tenant of the condition imposed by section 7, viz., that he must give two months' previous notice in writing of his intention to claim compensation under this Act ? The words of that section are imperative, " the tenant shall give notice;" and although the corresponding section of the Agricultural Holdings Act, 1875, s. 20, was clearer, " Notwithstanding anything in this Act, a tenant shall not be entitled to compensation under this Act unless he gives notice," the intention of the two sections is apparently the same, viz., to make the notice a con- dition precedent to the tenant becoming entitled to compensation imder the Act. No distinction is made between the various conditions; the right of obtain- ing compensation under this Act is equally lost whether the tenant has omitted to give the two months' notice of his intention to claim compensation (section 7), or whether he has, for instance, erected a building without obtaining the previous consent in writing of his landlord (section 3). The same results in all respects would therefore appear to follow from one omission as the other ; so that the tenant who fails to comply with the provisions of section 7, although thereby disentitled to compensation under the Act, may still recover it under any other Act of Parlia- ment, or any agreement or custom, in the same manner as if this Act had not passed. 58. A tenant who has remained in his hold- Provisio.i as to ing during a change or changes of tenancy shall change of n tenancy. 1-48 Agricultural Holdings [England] Act, 1883. Sect. 58. not thereafter on quitting his holding at the de- termination of a tenancy be deprived of his right to claim compensation in respect of improvements by reason only that such improvements were made during a former tenancy or tenancies, and not during the tenancy at the determination of which he is quitting. The effect of this section may be ilhistrated as fol- lows : A tenant for a term of years executes during the term some improvement for which he would be en- titled to compensation if he quitted the holding upon the determination of the term. Instead of quitting the holding at the expiration of the term he continues to occupy as a yearly tenant or takes a fresh lease. As there was, on the expiration of the original term, a determination of a tenancy within the definition of that expression in section 61, it might have been urged from the language of other sections of the Act (see section 7), that the tenant must claim his compensation at the determination of the tenancy during which he executed the improvement, and that if he did not quit the hold- ing upon such determination he lost his right to claim it altogether (section 1). Under the express provisions therefore of this section, notwithstanding the tenant has entered into a new contract of tenancy, his right to compensation for any improvements made by him during the original tenancy is preserved to him until he can enforce it upon quitting the holding upon the determination of some subsequent tenancy. Restric- 59. Subject as in this section mentioned, a spect of tenant shall not be entitled to compensation in improve- j-ggpect of any improvements, other than manures tenant as defined by this Act, begun by him, if he holds 46^47 Vict. c.ei. 119 from year to year, within one year before he quits Sect. 59. his holding, or at any time after he has given or about to received jfinal 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. The foregoing provisions of this section shall not apply in the case of any such improvement as aforesaid — (1.) Where a tenant from year 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 (a), 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 be- ginning any such improvement, has served notice {d) 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 improvement. In almost every district where any compensation is payable by custom for durable or permanent improve- ments, the full value is payable if the improvement is executed during the last year of the tenancy. In 150 Agricultural Holdings {England) Act, 1883. Sect. 59. Wiltshii'e, for instance, full value is allowed to the out- j^Q^g going tenant for chalking or liming land if done during the last year of the tenancy, while nothing is allowed (unless under special agreement) if done in a year pre- vious to the last. (See Ej)itome of Agricultural Customs, fost, Appendix A.) The provisions of this section are therefore in strong opposition to the general custom of the country, and curtail rather than extend the privileges of the tenant. It should be noticed that the word " compensation " is used in this section without any qualifying words such as " under" or " in pursu- ance of this Act." Unless, therefore, those words are implied by the general scope of the section, every kind of compensation would be excluded ; so that a tenant who- would be entitled by custom to the full value of liming his land, &c., in the last year of his tenancy would be deprived of his right to any compensation Avhatsoever, unless he came within the exceptions provided in the sub-sections. If those words are, however, implied, the tenant could still claim compensation by custom for such improvement under the provisions of section 5Y. (a) In pursuance of a notice to quit thereafter GIVEN BY THE LANDLORD (SUB-SECTION 1). By section 33 a year's notice to quit expiring wdth a year of tenancy is, after the commencement of this Act, necessary and sufficient to determine a tenancy from year to year, unless there is an agreement for a shorter notice. The exception contained in this sub-section (1) can only take effect in two cases. First, where a shorter notice than a year's notice to quit is sufficient to determine a tenancy. Secondly, where the landlord has given the tenant notice to quit a part of the hold- ing with a view to the use of land for the purposes mentioned in section 41, and the tenant has accepted the same as a notice to quit the entire holding, and accordingly does quit at the expiration of the the,n cxir- rent year of the tenancy. 46 6r 47 Vict. c. 61. 151 (b) Served notice (sub-section 2). Sect. 59. The notice must he in ^vriting. This is implied by Note. the word " served." (Moyle v. Jenkins, L. R. 8 Q. B. D. 116 ; 51 L. J., Q. B. D. 112), For mode of service see section 28. The assent or objection of the land- lord may, however, be verbal, there being no words in the sub-section which, even by implication, require it to be in writing. For form of notice by tenant, see post, Form 40. 60. Except as in this Act expressed, nothing General °* . , . saving of in this Act shall take away, abridge, or prejudi- rights. cially affect any power, right, or remedy of a landlord, tenant, or other person vested in or exerciseable by him by virtue of any other Act or law, or under any custom of the country, or other- wise, in respect of a contract of tenancy or other contract, or of any improvements, waste emble- ments, tillages, away-going crops, fixtures, tax, rate, tithe rentcharge, rent, or other thing. 61. In this Act — Interprc- " 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 Act shall for the purposes of this Act be deemed to continue to be a tenancy under a contract of tenancy current at the 152 Agricultural Holdings [England) Act, 1883. Sect^Gl. commencement of this Act until the first day on which either 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 contract of tenancy be- ginning 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 landlord for a term of years, or for lives, or for lives and years, or from year to year : " Tenant " includes the executors, administra- tors, assigns, legatee, devisee, or next-of- kin, husband, guardian, committee of the estate or trustees in bankruptcy of a tenant, or any person deriving title from a tenant ; and the right to receive compensa- tion in respect of any improvement made by a tenant shall enure to the benefit of such executors, administrators, assigns, and other persons as aforesaid : 46 ^f 47 Vict. c. 61. 153 *' Holding " means any parcel of land held by a Sect. 61. 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 numbered twenty-two and twenty-three in the third part of the First Schedule hereto : The designations of landlord and tenant shall continue to apply to the parties until the conclu- sion of any proceedings taken under or in pursu- ance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act. 62. On and after the commencement of this Repeal of Acts of Act, the Agricultural Holdings (England) Act, i875 and 1875, and the Agricultural Holdings (England) ^*^^- Act, 1875, Amendment Act, 1876, shall be re- pealed. Provided that such repeal shall not affect — (a.) iny thing duly done or suffered, or any proceedings pending under or in pursuance of any enactment hereby repealed ; or 154 Agricultural Holdings [England) Act, 1883. Sect. 62. {b.) any right to compensation in respect of im- provements to which the Agricultural Hold- ings (England) Act, 1875, applies, and which were executed before the commencement of this Act ; or (c.) any right to compensation in respect of any improvement to which the Agricultural Holdings (England) Act, 1875, applies, although executed by a tenant after the com- mencement of this Act if made under a con- tract of tenancy current at the commencement of this Act ; or [d.) any right in respect of fixtures affixed to a holding: before the commencement of this Act; and any right reserved by this section may be enforced after the commencement of this Act in the same manner in all respects as if no such repeal had taken place. Short titlo 63. This Act may be cited for all purposes a» "* ^'*- the Agricultural Holdings (England) Act, 1883. Limits of 64. This Act shall not apply to Scotland or Ireland. 46 # 47 Vict. Cap. 61. 155 FIRST SCHEDULE. Sched. 1. PART I. ■ . Improvements to which Consent op Landlord is required, (1.) Erection or enlargement of buildings. (2.) Formation of silos, (3.) Laying down of permanent pasture, (4.) Making and planting of osier beds. (5.) Making of water meadows and works of irrigation. (6.) Making of gardens. (7.) Making or improving of roads or bridges. (8.) Making or improving of watercourses, ponds, wells, or reservoirs, or of works for the application of water power or for supply of water for agricultural or domestic purposes. (9.) Making of fences. (10.) Planting of hops. (11.) Planting of orchards or fruit bushes. (12.) Reclaiming of waste land. (13.) Warping of land. (14.) Embankment and sluices against floods. PART II. Improvement in respect op which Notice to Landlord IS required. (15 ) Drainage. PART III. Improvements to which Consent of Landlord is not required (16.) Boning of land with undissolved bones, (17.) Chalking of land. (18.) Clay-burning.^ 156 Agricultural Holdings [England) Act, 1883. Sched. 1. (19.) Claying of land. (20.) Liming of land. (21.) Marling of land. (22.) Application to land of purchased artificial or other purchased manure. (23.) Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. SECOND SCHEDULE. Levying distress. Three per centum on any sum exceed- ing £20 and not exceeding £50. Two and a half per centum on any sum exceeding £50. To LaiUff for levy, £l Is. To man in possession, if boarded, Ss. 6d. per day ; if not boarded, 5s. per day. Eor advertisements, the sum actually paid. To auctioneer. For sale, five pounds per centum on the sum realized not exceeding £100, and four per centum on any additional sum realized not exceeding £100, and on any sum exceeding £200 three per centum. A fraction of £1 to be in all cases considered £1. Eeasonable costs and charges where distress is withdrawn or where no sale takes place, and for negotiations between landlord and tenant respecting the distress ; such costs and charges in case the parties difter to be taxed by the registrar of the county court of the district in which the distress is made. Tenant* s Compensation. 157 CHAPTER I. Chap. 1. Tenant's TENANT'S COMPENSATION. compen- sation. The referee or referees and umpire under this Act are judges of law as well as of fact. It is their duty to determine whether the provisions of the Act have been observed so as to give a tenant a right to compensation, as well as to ascertain what improvements have been made, and what amount should be awarded to the outgoing tenant in respect thereof. It may therefore be useful to referees to have before them seriatim the pro- visions of the Act affecting the tenant's right to compensation, which they must take into con- sideration in deciding whether the tenant is entitled to claim under the Act at all. A tenant is not entitled to claim compensation under this Act : (1.) Unless the holding is situate in Eng- Sect. 64. land or Wales : (2.) Unless the holding is either wholly agri- Sect. 54. cultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden : (8.) If the tenant during his occupation of Sect. 54. 158 Agricultural Holdings [England) Act, 1883. Chap. 1. the holding has held any ofl&ce, appoint- Tenant's mentj or employment under the landlord : sation. (4.) Unless the tenancy was for a term of Sect. 61. years, or for lives, or for lives and years, or from year to year [a tenant at will, or on sufferance, or for a less period than year to year, has no claim to compensation under this Act] : Sect. 1. (5.) Unless the tenancy was determined after Sect. 61. the 1st January, 1884 (but it is immaterial from what cause) : Sect. 1. (^O Unless the tenant has quitted the holding upon the determination of the tenancy : Sect. 7. (7^-) Unless the tenant, two months at least before the determination of his tenancy, gave notice in writing to the landlord of his inten- tion to make a claim for compensation under the Act, which notice shall have stated, as far as reasonably may be, the particulars and amount of the intended claim : Sect. 28. (8.) Unless such notice was served on the land- lord either personally or by leaving it for him at his last known place of abode in England, or by sending it through the post in a regis- tered 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; Tenant's Compensation. 159 and in order to prove service by letter it Chap. 1. shall be sufficient to prove that the letter was Tenant's , compen- properly addressed and posted, and that it sation. contained the notice, request, demand, or other instrument to be served) : If any one of the above conditions is not satis- Sect. 8. iied, a reference to assess compensation will be a nullity, and the referees will have no jurisdiction to act ; but if all the conditions are satisfied, and the landlord and tenant have not agreed upon the amount or mode or time of payment of compen- sation, the referees may entertain the tenant's claim for compensation, and proceed to settle the difference between him and the landlord. In assessing the amount of the compensation payable to. the tenant, distinction must first be made between " compensation under this Act " and " compensation authorized or deemed to be substituted for compensation under this Act.''' Compensation under this Act. No " compensation under this Act " is payable to the tenant unless the improvement in respect of which compensation is claimed is one of those mentioned in the First Schedule to the Act.'^ Til- lages, growing crops, carting manure, &c., are not the subjects of compensation under this Act. * [For First Schedule, see ante, p. 155.] 160 Agricultural Holdings {England) Act, 1883. Chap. 1. Tenant's Compen- sation. Sect. 2, (sub-sect. 2). Sect, 62 (J). Sect, (sub' 2). 2, •sect. Id. Sect. 3. Sect. 59. Id. sub- sect. 2. As TO Improvements in Part I. of the Schedule. If executed before 1st Januai-y, 1884: — No compensation under this Act is payable to the tenant (1.) If he is entitled to compensation for the improvement under the Agricultural Holdings Act, 1875, or under any contract or custom ; and (2.) Unless the landlord within one year after the 1st January, 1884, has declared his con- sent in writing to the improvement; and (3.) Unless the improvements were executed within ten years previous to the 1st January^ 1884. If executed after the \st January, 1884 : — (4.) Unless the landlord, or his agent duly authorized in that behalf, previously to the execution of the improvement, and after the 23rd August, 1883, consented in writing to the execution of such improvement ; or (5.) If the tenant began to execute the im- provement, if a yearly tenant, within one year before he quitted the holding, or after he gave or received final notice to quit, and if a lessee, within one year before the expira- tion of his lease ; [but if the tenant, before beginning the improvement, served notice on Tenant's Compensation. 161 the landlord of his intention to begin it within Chap. 1. the above-mentioned periods, and the landlord Tenant's either assented or failed for a month after satiou. the receipt of the notice to object to his so doing ; or, if the tenant, being a yearly tenant, began the work during the last year of his tenancy, and in pursuance of a notice to quit id. sub- subsequently given by the landlord, quitted ^'^^ ' ' the holding at the expiration of that year ; then, the tenant is entitled to compensation for such improvement, as though it had been begun before the last year of the tenancy or before notice to quit] ; or (6.) If the tenancy was a tenancy current on Sect. 5. the 1st January, 1884, and any agreement in writing (made before that date) or custom, or the Agricultural Holdings Act, 1875 (if it applied to the holding), provides specific compensation for the improvement ; or (7.) If the tenant has executed the improve- Sect. 3. ment in pursuance of some agreement (made after the 1st January, 1884). [But in this Sect. 17. case if there is any claim for compensation under this Act for other improvements, the referee must assess the amount of compensa- tion payable under such agreement (if he can do so consistently with the terms of the agreement) and include it in his award.] M 162 Agricultural Holdings {England) Act, 1883. Chap. 1. As TO Improvements in Part II. of the Tenant's SCHEDULE (DrAINAGe). comijen- If executed before \st January, 1884 : — No compensatiou under this Act is payable to tlie tenant Sect. 2, ^]^ j If he is entitled to any compensation for 2). Sect. the improvement under the Agricultural Holdings Act, 1875, or under any contract or custom ; and Sect. 2, (2.) Unless the landlord within one year after (su -sec . ^j^g lg^ January, 1884, has declared his con- sent in writing to the improvement j and Id. (3.) Unless the improvement was executed within ten years previous to the 1st January, 1884. If executed after the \st January, 1884 : — Sect. 4. (4.) Unless the tenant, not more than three calendar months, and not less than two calendar months before beginning to execute the improvement, gave to the landlord, or his agent duly authorized in that behalf, notice of his intention so to do, and of the manner in which he proposed to do the intended j work; or Id. (5.) If after receipt of such notice the landlord undertook to execute the improvement him- Tenant's Compensation. 163 self, and the tenant nevertheless did the work Chap. 1. without waiting a reasonable time for the Tenant's landlord to comply with his undertaking ; or sation. (6.) If the tenant began to execute the improve- Sect. 59. ment^ if a yearly tenant^ within one year be- fore he quitted the holding, or after he gave or received final notice to quit, or if a lessee, within one year before the expiration of his lease ; [l3ut if the tenant, before beginning the improvement, has served notice on the Id. sub- landlord oi his intention to begin it within the above mentioned periods, and the land- lord either assented or failed for a month after the receipt of the notice to object to his so doing j or, if the tenant, being a yearly id- sub- tenant, began the work during the last year of his tenancy, and in pursuance of a notice to quit subsequently given by the landlord quitted the holding at the expiration at that year; then the tenant is entitled to com- pensation for such improvement as though it had been begun before the last year of the tenancy, or before notice to quit] ; or (7.) If the tenancy was a tenancy current on Sect. 5. . the 1st January, 1884, and any agreement in writing (made before that date), or custom, or the Agricultural Holdings Act, 1875 (if it applied to the holding), provides M 2 164 Agricultural Holdings [England) Act, 1883. Chap. 1. specific compensation for the improvement ; Tenant's or compensa- ^^ ^ ^^ ^^^ tenant has executed the improve- Sect. 4. ment in pursuance of some agreement made after the 1st January, 1884, whether notice was given by the tenant or was dispensed Id. par. 2. with, and whether such agreement is a separate agreement or is contained in a lease Sect. 17. or otherwise. (But in this case, if there is any claim for compensation under this Act for other improvements, the referee must assess the amount of compensation payable under an agreement made after notice by the tenant (if he can do so consistently with the terms of the agreement) and include it in his award.) As TO Improvements in Part III. of the Schedule. If executed before 1st Januanj, 1884 : — No compensation under this Act is payable to the tenant Sect. 2, (1.) Unless the improvement was executed sub-sect. within ten years previous to the 1st January, 1884: or la, (2.) If he is entitled to any compensation for Tenant's Compensation. 165 the improvement under the Agricultural Chap. 1. Holdings Act^ 1 875, or under any contract Tenant's compensa- or custom ; or tion. (3.) If the tenant began to execute the im- Sect. 59. provementj unless it be manures as defined by the Act (Nos. 22 and 23 in the Schedule), Sect. 61. if a yearly tenant, within one year before he quitted the holding, or after he gave or received final notice to quit, and if a lessee, within one year before the expiration of his lease. [But if the tenant before beginning Sect. 59, the improvement served notice on the land- %-. '^^^ ' lord of his intention to begin it within the above-mentioned periods, and the landlord either assented or failed for a month after receipt of the notice to object to his so doing, or if the tenant, being a yearly tenant, began the work during the last year jd. sub- of his tenancy, and in pursuance of a notice ^^^ ' ^ ''* to quit subsequently given by the landlord quitted the holding at the expiration of that year, then the tenant is entitled to compen- sation for such improvement as though it had been begun before the last year of the tenancy, or before notice to quit.] If all these conditions are satisfied according as the tenant's claim for compensation is made respectively for improvements in the first, second, 166 Agricultural Holdings [England) Act, 1883. Chap. 1. or third parts of tlie Schedule^ the tenant is Tenant's entitled to such '' compensation under this Act "^ compeusa- „ , . tion. tor the improvements as the referees after valua- tion may award. Compensation substituted for Compensation under the act. Sect. 8. The referees have no jurisdiction under this Act to proceed with the reference at all if the Sect, 17. tenant makes no claim for " compensation under this Act;'^ but if some such claim is made (and the amount of such claim is immaterial), the referees must, in addition to assessing the amount of " compensation under this Act," at the request of either party, ascertain the amount of compen- sation payable which is "deemed to be substi- tuted for compensation under the Act" in the cases provided for by sections 3, 4>, and 5 of the Act, if they can do so consistently with the terms of the agreements providing for the payment of such substituted compensation, i. e., — Sects. 3, 4. (1 .) Compensation payable under an agree- ment made after the 1st January, 1884, between landlord and tenant for an improve- ment comprised in Parts I. or II. of the Schedule, and executed by the tenant in pur- suance of the agreement after 1st January, 1884, Tenanfs Compensation, 167 (2.) Compensation payable under au agree- Chap. 1. ment in writing (as to the fitness of which Tenant's the referee is not to inquire) made after the tjo^^ 1st January, 1884, between the landlord and Sect. 5 . . n . (par. 2). tenant for an improvement comprised m Part III. of the Schedule, and executed after 1st January, ]884. (3.) Where the tenancy was a tenancy current on the 1st January, 1884, any specific com- |^- (par. pensation provided by an agreement in writing, or custom, or the Agricultural Holdings Act, 1875, for any improvement comprised in the First Schedule, and executed during the currency of such tenancy after 1st January, 1884. It will be noticed that no " compensation sub- stituted for compensation under this Act-*^ is payable unless the improvement was executed afte7' the commencement of the Act ; if the im- provement was executed before the Act, and comes within the provisions of section 2, the compensation payable is '^compensation under the Act.^' The distinction between '' compensation under this Act " and '' compensation substituted for compensation under this Act^^ is important by reason of the basis of valuation in the two cases being essentially diflPerent. 168 Agricultural Holdings {England) Act, 1883. Chap. 1. In the case of " compensation under this Act " Tenant's the basis of valuation is the fair value of the couapensii- tion. improvement to an incoming tenant, less what is Sect. 1. justly due to the inherent capabilities of the soil. In the case of " compensation substituted for compensation under this Act " the basis of valua- tion is supplied by the agreement which provides Sect. 17. for such compensation, and the compensation must be ascertained consistently with the terms of the agreement ; or, in the case of tenancies current Sect. 5 at the commencement of the Act, where specific compensation is provided by custom or by the Agricultural Holdings Act, 1875, the custom or the provisions of that Act must be taken as the basis. When the referees have ascertained whether the tenant has observed all the conditions of the Act so as to be prima facie entitled to some Sect. 19. " compensation under the Act," they must pro- ceed to the valuation of each several improvement, act, and thing in respect whereof compensation is claimed. Until the question is settled by a judicial decision, it is submitted that the referees ought to take into consideration every claim by the tenant in respect of an improvement comprised Tenant's Compensation. 169 in the First Schedule, the execution of which is Chap. 1. put in evidence by the tenant, whether such im- Tenant s i '' ' compensa- provement is included in the particulars of the tion. tenant^s claim or not. If the landlord is aggrieved by their awarding compensation in respect of any improvement not included in the particulars of claim, he can appeal to the county court, which • ^^' will decide whether the particulars were reason- ably sufficient or not ; and if the court is of opinion that such improvement ought to have been included in the particulars, the sum awarded in respect thereof can be simply struck out of the award ; whereas if the referees refuse to entertain the claim, and the tenant has to appeal, a further reference to settle the value of this particular im- provement would be necessary in case the appeal of the tenant was successful. When the referees have before them a complete list of the improvements for which the tenant, at the time of the reference, claims '^compensation under the Act,'' they should in the first place assess a specific sum (if anything) as compensa- tion for each separate improvement, on the basis Sect. 19, „,,„,. . . sub-sect. 3. 01 the value or the improvement to an incoming tenant (less what is justly due to the inherent capabilities of the soil), without taking into account any of the reductions specified in the Act. These should be considered separately when the 170 Agricultural Holdings {England) Act, 1883. Chap. 1. intrinsic value of the improvement has been fixed. Tenant's and should be set out separately in the award, so compensa* , - . tiou. that the calculation by which the final amount awarded in respect of each improvement is arrived at may be apparent on the face of the award. The intrinsic value of the improvement being settled, the referees should next consider whether Sect. 6. any and what reductions from the amount of the compensation payable to the tenant for any im- provement should be made. The first matters in respect of which such reductions are permissible are: — {a.) Any benefit which the landlord has given or allowed to the tenant in consideration of the tenant executing the improvement ; and [b.) In the case of compensation for manures, the value of the manure that would have been produced by the consumption on the ■ holding of any hay, straw, roots, or green crops sold off or removed from the holding within 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 manure to the holding has been made in respect of such produce so sold off or re- moved therefrom. When the reductions (if any) in respect of these matters have been settled, the referees^ task is Tenant's Compensation. 171 finished, so far as regards the valuation of the im- Chap. 1. provements. They must then proceed to entertain Tenant's the claims (if any) of the landlord and the tenant tion. in respect of the following matters which are un- connected with improvements ; but in respect of which reduction from, or augmentation of, the tenant^s compensation is to be made to the extent to which such claims are proved : — By the landlord, for any sum due to him in respect of rent, Sect. 6 (c). or of waste committed or permitted by the tenant, or of breach of covenant or other agreement connected with the contract of tenancy committed by the tenant, or of taxes, rates, or rent-charge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord. By the tenant, for any sum due to him in respect of a breach ^^- ^^)- of covenant or other agreement connected with the contract of tenancy and committed, by the landlord. It should be noticed that the landlord is not Sect. 7. entitled to claim for waste or breach of covenant or other agreement, unless he has before the de- termination of the tenancy, or within fourteen days thereafter given notice in writing to the 173 Agricultural Holdings {England) Act, 1883. Chap. 1. tenant of his intention to make such a claim ; and Tenant's if the claim is in respect of waste or of breach compensa- . . , . , tion. permitted or committed m relation to a matter of Sect, 6. husbandry, the referees must only take into con- sideration such waste or breach as occurred within four years before the determination, of the tenancy. The question o£ the amount of " compensation under the Act " now being settled^ the referees must entertain the tenant's claim (if any) for com- pensation^ '^ which is deemed to be substituted for compensation under the Act/' and proceed with the valuation of the improvements in respect of which such compensation is claimed on the basis Sect. 17. of the agreement, custom, or the provisions of the Agricultural Holdings Act, 1875 {post. Statutes), whichever is applicable to the case. No reduction from, and no augmentation to this compensation is permissible, as section 6 only applies to '' compensation under the Act ;" nor need any notice of the intention to make the claim have been made by the tenant under sec- tion 7. The various improvements and the amount Id, awarded in respect thereof must be distinguished in the award when necessary. i "While making the valuation of the improve- ments, the referees must require strict evidence of the time at which each improvement, act, or Tenant's Compensation. 17S thing was executed, done, committed or permitted, Chap. L and must specify the same in their award. In Tenant's improvements in the first part of the Schedule, the satwn."^' date of the landlord's consent : and in drainasre Sect. 19 works, the date of the tenant's notice should be proved and set out in the award. Moreover, if they finally award anything in respect of an improvement, and the landlord has notified to them his desire of charging his estate with the amount of the compensation found due to the tenant, they must calculate the time at Sect. 19 which they consider each improvement will be exhausted, and specify the same in the award. 174 Agricultural Holdings [England) Act, 1883. ChaD. 2. CHAPTER II. Valuation. VALUATION. It must be borne in mind by tbe referees that ■when compensation under tbe Act is claimed for an improvement tbe basis of valuation is not the outlay of tbe tenant upon tbe improvement, but tbe value of tbe improvement to an incoming tenant on tbe supposition that the incoming tenant will carry on the same class of business and pay the same rent as the outgoing tenant. It is necessary to proceed on tbis bypotbesis otberwise it would be in tbe landlord's power to reduce tbe amount of compensation payable to tbe outgoing tenant to a mere trifle. Tbe rent payable by tbe new tenant will, of course, wbere tbe improvements are permanent, be a somewbat bigber rent tban tbat paid by tbe outgoing tenant, in order tbat tbe landlord may receive interest on tbe sum paid by bim as compensation for tbe im- provement, so tbat from one point of view it may be said tbat a permanent improvement is of no value to an incoming tenant, because be bas to pay a bigber rent in consequence of its having been executed by tbe late tenant. And if tbe Valuation. 175 valuation were made as between the incoming and Chap. 2. outgoing tenants, this consideration might con- Valuation, siderably reduce the amount of compensation. But under this Act the valuation is solely between the outgoing tenant and the landlord, and the only consideration permissible in settling the amount is, what advantage in the way of increased letting value of the land does the landlord obtain from the execution of the improvement. And this increase in the letting value is the same thing as the value of the improvement to an incoming tenant, supposing him to pay the same rent as the outgoing tenant. It is generally predicted that landlords will seldom give unconditional consent to the execution of the permanent improvements comprised in Part I. of the Schedule. They will either execute them themselves as occasion requires, or allow them to be executed by the tenants on terms agreed upon, so that valuers will not often be called upon to assess the value of such improve- ments on the basis of their value to an incoming tenant, but, at the most, will have to calculate their value upon the basis of the agreement. Drainage, according to the general opinion, will not unfrequently be done by the tenant, and compensation under the Act become payable in respect of the improvement. In submitting the 176 " Agricultural Holdings {England) Act, l^^Z. Chap. 2. following practical rules, drainage is accordingly Valuation, chosen as tlie example to show their application, but with slight modifications which will readily suggest themselves they are applicable to the ■valuation of all improvements in Parts I. and II., and Nos. 16-21 of Part III. of the Schedule. 1. Ascertain the yearly letting value of the land immediately before the execution of the works. As it is generally to be assumed that the rent paid by a tenant, holding either as a yearly tenant or on a short lease, was the best rent obtainable under the circumstances, such rent will in most cases be identical with the annual letting valve. But in cases of long leases, or of tenancies created under excep- tional circumstances, the referees must re- quire other evidence of value so as to be able, if possible, to fix a sum which shall represent the fair annual value of the land immediately before the date of the execution of the works. Suppose that such annual value of the land that has been drained is fixed at £\ per acre before drainage. 2. Ascertain the yearly letting value of the land at the time of the tenant's quitting the ^ holding. The actual letting value of the land must always to a certain extent be a matter of Valuation. ' 177 opinion, but an approximation to it may be Chap 2 made (1) by ascertaining the rents actually Valuation. paid for similar drained land in the neigh- bouring, and fixing the value with reference to such neighbouring lands ; or (2) by com- paring the average yield of the land before drainage with the average yield after drain- age, and giving an increased value to the land proportionate to the increased fertility. The latter method is in the abstract more correct than the former, but in the case of a hostile reference would be attended with much in- convenience, owing to the possible tendency of the tenant to exaggerate the increased fertility of the land, and the difficulty of obtaining any impartial testimony on the subject. Suppose the improved annual letting value to be £\ 10s. 3. Ascertain the time at which the improve- ment will be exhausted, i.e., the time when it will be necessary to renew the works. Strict accuracy is of course impossible, but if the bill for labour and material, and the workmen's evidence (if necessary) show that the work was executed with ordinary care and sufficient material, the valuer's experience must supply the probable duration of the improvement. By fixing the period over N 178 Agricultural Holdings {England) Act, 1883. Chap. 2. -wliicli the landlord may charge the tenant Valuation. with repayment of any outlay he may make on drainage after notice by the tenant at 25 years, the Act apparently assumeis that m most cases such improvement will not be exhausted until the expiration of that time. Suppose^ then, that the works are deemed to last 25 years from the date of their completion. 4. Deduct from the time for which the improve- ment is deemed to be unexhausted, the time during which the tenant has continued in the holding since the execution of the works, say seven years from 25 = 18 years. 5. Capitalize the difference between the old and the improved annual letting values of the land for the residue of the time during which the improvement is deemed to be unexhausted, at five per cent. This rate per cent, is assumed, as the Act allows the landlord to charge the tenant five per cent, on his outlay if he executes the im- provement himself. The result will represent the fair value of the improvement to the incoming tenant. Thus: Improved letting value per acre - £\ 10 Previous letting value per acre - - 10 Increased annual value per acre- £0 10 Valuation. 179 Period during -which improvement is Chap. 2. deemed to be unexhausted - - 25 years Valuation. Period elapsed since execution of works 7 years Residue during which improve- ment is unexhausted - - 18 vears Capitalized value of \0s. per annum for 18 years at 5 per cent, [i.e., 11| years^ purchase) - - - £5 17 6 So that the compensation payable to the outgoing tenant would, on the basis simply of the value of improvement to the incoming tenant, be at the rate of £5 17s. Gd.for every acre improved by the drain- age after seven years^ user of the improvement. If this method, which is, when possible, the correct method of ascertaining the amount of compensation payable, is adopted, the actual out- lay of the tenant on the improvement is im- material. This result may prove either beneficial or detrimental to the tenant. If an expensive but bad system has been adopted, he would be better off if the amount of compensation were based upon his outlay. On the other hand, he will gain by adopting a skilful though economical system. He is paid by results. The above sum of £5 17s. 6d. per acre has been arrived at as the basis simply of the value of the N 2 180 Agricultural Holdings {England) Act, 1883. Chap. 2. improvement to the incoming tenant. From this Valuation, amount, however, a reduction may have to be made, in consequence of the following proviso : — Sect. 1. '' Provided always, that in estimating the value of any improvement in the First Schedule hereto there shall not be taken into account as part of the improvement made by the tenant what is justly due to the inherent capabilities of the soil.''' It is extremely difficult to suggest a practical construction of this proviso which shall hold good in every case ; and the difficulty is twofold : there is the difficulty of deciding, first, whether any part of the improvement resulting from the execu- tion of the works by the tenant is due to '^ inherent capabilities of the soil/' and secondly, if any, how much is so due. Take the following illustra- tions : — A meadow, approachable only by making a long detour by a bad road, is put in direct communica- tion with the homestead by a bridge across a stream ; the value of the meadow to an incoming tenant is thereby increased by £5 a year; the bridge cost £40 to make, and will last without repair thirty years. Is the tenant entitled to the I whole value of the improvement to an incoming tenant, or must any deduction be made for '' in- herent capabilities of the soil." Now, here the "soil" of the meadow has not been touched; it Valuation. 181 does not grow more grass than formerly. If the Chap. 2. homestead were the other side of the stream^ the Valuation. value of the meadow to a tenant of the holding would not have been increased a penny. Improve- ment to the meadow there is none ; improvement to the holding there is, viz., easy access to a good meadow, which is worth .€5 a year extra. It would seem, therefore, impossible to say that any part of the improvement is due to the ''inherent capa- bilities of the soil '' of the meadow or of the hold- ing. Consequently, the tenant should be entitled to the whole value of his improvement to an in- coming tenant of the holding without deduction. Take another case. A field is liable in spring- time to inundations from a stream which par- tially destroy the young crops. The tenant dis- covers that this can be remedied by cutting a short channel higher up the stream on another part of his holding, at an expense of £50, and the increased value of the field is £15 a year. Here again, in one sense, the "inherent capabilities " of the soil remain exactly what they were. The soil was formerly capable of bearing exactly the same crops as it now bears, but it was prevented from doing so by circumstances which no longer exist. In what, then, does the " improvement ^' consist? The term "improve- ment " is used in two senses in section 1. In its first sense, ''making an improvement-" means 182 Agricultural Holdings {England) Act, 1883. Chap. 2. '' executing certain works/^ the work executed Valuation, being the '' improvement." Thus_, in the phrases '' where a tenant has made on his holding any im- provement comprised in the First Schedule,^^ and '^in estimating the value of any improvement in the First Schedule/'' improvement means the various works specified in the schedule. But, in the other sense, improvement means ^^the results ensuing upon the execution of the work/^ by which alone its value can be calculated. In the proviso the word is used in both senses. " Pro- vided that in estimating the value of any improve- ment {i.e., work executed) in the First Schedule hereto there shall not be taken into account as part of the improvement made by the tenant {i.e., as part of the results ensuing upon the execution of the work) what is justly due to the capabilities of the soil. In the case under consideration, therefore, the " improvement," i.e., the work executed, of which it is desired to estimate the value, is the making of the channel. The ''im- provement," i.e., the result which ensued upon making the channel, and gave the work a value, is an increase of fertility in the soil of the field. It is with the latter meaning only of " improve- ment," that a valuer has to do. The question is, Is any, and if so what, part of the increase of fer- tility in the soil of the field due to the inherent Valuation. 183 capabilities of tlie soil ? If the fact of increase Chap. 2, alone is considered, that increase is due solely to Valuation. the digging of the channel. But the amount of increase will to a certain extent be co-ordinate with the inherent capabilities of the soil in this sense, that if the land is cold clay, the increase of fertility will be much less than if it is rich loam ; the soil may even be so bad that the increase of fertility will be imperceptible. It may, therefore, be laid down as a general proposition that in such a case as that under consideration, the fact of there being any increase of fertility at all is due, and solely due, to the execution of the work ; but, on the other hand, the quantum of increase is regulated by the nature or "inherent capabilities^'^ of the soil. It would seem, therefore, that in this case, and in all cases of improving land by drain- age or irrigation, some part of the "improve- ment '' is due to the capabilities of the soil im- proved, but the amount which is therefore to be deducted from "the value of the improvement to the incoming tenant'' remains a puzzle as before. It is in fact an absolute impossibility to ascer- tain how much of the improvement is due to the cause, and how much to the other. It would be as easy to ascertain to what extent an explosion of gunpowder is due to the presence of carbon in the powder and how much to the presence of nitre. Valuers, therefore, however anxious they 184 Agricultural Holdings {England) Act, 1883. Chap. 2. may be to do so^ cannot make an accurate valua- Valuatiou. tJon of an improvement in conformity with the provisions of the Act, in any case where it appears that the value of the improvement is due partly to the execution of the works and partly to the inherent capabilities of the soil. What then are they to do ? The only suggestion that can reason- ably be made is — act equitably ; give the tenant a fair proportion of the amount which has been ascertained to be the value of the improvement to an incoming tenant, and award the rest to the landlord. As a last illustration the case of manuring may be taken. This is simpler. Suppose the inherent capability of a soil to grow a corn crop is 15^ i.e., if left unmanured 15 bushels could be grown to an acre ; and suppose that if manured 30 bushels can be grown on the same area. The increase from 15 to 30 is then due entirely to the manure, the amount of the increase being regu- lated by and due to the employment of a proper kind and amount of manure. The only way in which it can be said that the amount of the increase is due to the natural soil is that if a particular kind of manure is applied to a particular kind of soil the result may be decrease rather than increase in the fertility ; whence it may be inferred that the nature of the soil to which the manure is applied is one factor in the increase. Valuation. 1 85 and arojued that an allowance should be made to Chap. 2. the landlord for the inherent capability of his soil. Valuation. But the fallacy is obvious. Why is there an increase of fertility when manures are applied to a soil ? Simply because they add to the soil, which was previously deficient in it, a certain chemical constituent which enters into the composition of the vegetable, and without which the vegetable can either not grow at all, or cannot grow to perfection. A soil that can grow 15 bushels of corn to an acre without manure fails to grow more because some one or more of its chemical constituents are exhausted in the process. That is the limit of its " inherent -"^ capabilities. But add lime, phosphorus, or ammonia in some appropriate form of manure, and the weight and bulk of the corn is increased till the yield is 30 bushels or more, because the material necessary to its composition is now present in the soil, and can be utilized in its formation ; in other words, the soil has acquired an adventitious capability. Thus it follows that in estimating the value to an incoming tenant of an improvement consisting of the application to the soil of any form of manure, no part of the increase in fertility is due to the inherent capabilities of the soil, and the full value of the increase should therefore be awarded to the tenant. 186 Agricultural Holdings [England) Act, 1883. Chap. 2. Unexhausted Manures. Valuation. rpj^g greatest living authority on the subject of agricultural chemistry^ Sir J. B. Lawes, has repeatedly expressed the opinion that the valua- tion of unexhausted manures should be based on the produce rather than on an estimate of the value of the residue of manures. " No simple rules/^ he says, * " applicable to various descriptions of soil, season, crop, and manure, can be laid down for the valuation of the unexhausted residue of previously applied manures which have already yielded a crop. '^^By the valuation of so much of the farm -yard manure, and of so much of the manure-consti- tuents derived from purchased cattle food as have not yet yielded a crop, and also of the straw of the last harvest, fair compensation may be made to the outgoing tenant, whilst the incoming tenant will only be required to pay for that which has a fixed and easily ascertainable money value.^' As, however, a reference under this Act will usually take place directly upon the determination of a tenancy, the principle of valuation by ^roc^Mce cannot be adopted, and the following remarks and * Essay on the Valuation of Unexhausted Improve- ments, read before the London Farmers' Club on April 4, 1870. Valuation. 187 rules for obtaining the nearest approximation to Chap. 2. the true value of the unexhausted residue^ which Valuation, are taken (with the kind permission of Sir J. B. Lawes) from a pamphlet published by himf in 1874^ are here inserted in the assurance that they will be the best available guide to valuers under this Act. Manures. Before considering the qnestion of unexhausted manures^ it will be well to say a few words on the action and value of manures generally, and especially on the difierence in the action and value of dilferent descriptions of manures. The term manure includes a great variety of substances, which, when applied to the soil, increase the growth of crops. Formerly, the only manure employed was that pro- duced by animals consuming food, and using litter, wJiich were exclusively the produce of the farm itself. Modern agriculture has greatly altered this state of things. We have now a long list of manures derived from sources external to the farm itself, which are in common use by farmers. The following is an enumeration of the most important of the manures, the unexhausted residues from which are likely to become the subjects of claims for compensation: — 1. Manure produced from purchased (or saleable) cattle food. 2. Farm-yard, or town-stable manure. 3. Rape-cake (or other cake) used as manure. 4. Bones. 5. Nitrate of soda. 6. Salts of ammonia. 7. Superphosphate of lime, made from mineral phos- phates ; and other purely mineral manures. t Unexhausted Tillages and Manures. By Sir J. B.. Lawes, F.R.S., F.C.S., 1874. (John Falconer, Dublin.) 188 Agricultural Holdings {England) Act, 1883. Chap. 2. 8. Guano, in its natnral state, or manufactured. Taluation ^- Other manures of more or less unkno-mi composition.* 10. Liming, chalking, marling, &c. The difference in the price at which the different items of purchased manure in this list can be brought upon the farm is very wide indeed. By way of illustration, it may be assumed, that town- made dung will, in the majority of cases in which it is largely used, cost the farmer about 7s. 6d. per ton delivered on his farm. Nitrate of soda will, however, cost him at least 15s. per cwt., and as a rule more. Thus, he finds it worth his while to give as much, or more, for 1 cwt. of nitrate of soda, as for 2 tons of stable dung ; or in other words, more than 40 times as much for an equal weight of the one manure as of the other. Sulphate of ammonia is dearer than nitrate of soda ; and although it is not purchased to any great extent directly by the farmer, it is much used in the manufactu.re of mixed artificial manures. Again, Peruvian guano, when of good quality, contains a considerable quantity of ammonia, as well as phosphates, and costs about J13 per ton ; whilst inferior guano, poor - in ammonia but rich in phosphate of lime, and superphos- phate of lime, containing no ammonia at all, sell for only about one-third as much. Nitrate of soda contains its nitrogen as nitric acid, sulphate of ammonia contains it as ammonia, and Peruvian guano also contains, or by decomposition yields, it as ammonia. In fact, the money- value as manure of nitrate of soda or sulphate of ammonia is exclusively, and that of Peruvian guano chiefly, due to the nitrogen they contain. Thus, it will be seen, that the highest priced manures are those which are rich in nitrogen. A few illustrations may * Such as blood, kainit, ashes, nightsoil, town manure, soot, and sea-weed, which are enumerated in the Schedules to the Keport of the Committee on Agricultural Customs, 1874. Valuation. 189 liere be given of the effects of nitrogenous manures upon Chap. 2. the growth of crops. Valuation. Barley has been grown in one field at Kothamsted for more than 20 years in succession. On one portion there has been ai)plied, every year, a mineral manure consisting of salts of potass, soda, and magnesia, and superphosphate of lime ; and the average produce over 20 years was 27^ bushels of dressed corn per statute acre. On other por- tions there were used, every year, the same mineral manures, with the addition of nitrate of soda, or ammonia- salts, and the average produce then reached very nearly 50 bushels per acre per annum ; or nearly double that by the mineral manures used alone. Indeed, the produce obtained by using this mixture of mineral and nitrogenous manure was even rather higher than that yielded by the annual use, for 20 years in succession on the same laud, of 14 tons of farm-yard manure per acre. In an immediately adjoining field, whfeat has been grown, without manure, and by different descriptions of manure, for 30 years in succession, and with very similar results. Mineral manures alone have given very little increase of produce ; nitrogenous manure alone, in the form of nitrate of soda or ammonia-salts, has given considerably more pro- • duce than mineral manure alone ; and the mixture of mineral and nitrogenous manures has yielded more, of both com and straw, than the annual application of farm-yard manure. Thus, then, not only are those manures which are rich in nitrogen the highest priced, but direct experiments, extend- ing over a long series of years, have shown that nitrogen has, in reality, a higher money-value for the purposes of manure than any of the other substances used. It will be seen further on, how much the settlement of all questions of compensation for unexhausted manures must depend upon the estimate formed of the amount, and the condition, of the nitrogen of the manure remaining in the soil ; and how much this, in its turn, must depend on the description of the manure employed, the character of the 190 Agricultural Holdings [England) Act, 1883. Chap. 2. soil to wliich it lias been applied, tlie characters of the Valuation, ^^^^ons, and the kinds of crops which have been grown since the application. Unexhausted Manures. When a manure has been applied to the soil, what hap- pens 1 This point may be illustrated very usefully for our i:)resent purpose by reference to direct results obtained at Rothamsted. To certain plots, given quantities of salts of potass, soda, magnesia, superphosphate of lime, and salts of ammonia (or nitrate of soda), have been applied every year ; and, for be- tween 20 and 30 years, full crops of wheat and of barley have been obtained under this treatment. Analysis of the produce has shown, that a large propor- tion of the nitrogen supplied in the manure has remained unrecovered in the increase of the crop produced by its use. Still, any reduction in the quantity annually applied was followed by a diminution in the amount of the crop ; or, if the application were entirely stopped, there was fre- quently little or no effect u]3on succeeding crops from any unexhausted residue. , Analysis of the soil showed that a portion of the nitrogen of the manure which was not recovered in the increase of crop was accumulated within the soil, but that there yet remained a large amount of the supplied nitrogen to be otherwise accounted for than either in the crop or in the soil. It was next determined that the drainage water from the various plots of the experimental wheat field, which was already pipe-drained, should be examined. Numerous analyses of the drainage water from the differently manured plots, collected at different periods of the year, have, by their own desire, been made independently by Professor Voelcker and by Professor Frankland. Their results proved — that the drainage waters frequently contained a large amount of nitrogen in the form of nitrates; that the quantity of nitrates was the greater the greater the amount Valuation. 191 of ammonia salts applied as manure; and that (after Chap. 2. autumn sowing) tlie quantity was very much greater in Y^i^on. the winter than subsequently in the spring and summer. In one case, after a heavy dressing of ammonia salts, Dr. Jbrankland lound a quantity ol nitrates m the diamage water, which would correspond to a loss of nearly 18 lbs. of nitrogen per statute acre, provided an inch of rain had passed as drainage of that strength. On another occasion, after a heavy dressing of nitrate of soda, Dr. Voelcker found a quantity of nitrates in the drainage water, which, reckoned in the same way, would be equivalent to a loss of about 13 lbs. of nitrogen per acre. Lastly, on this point calculation led to the conclusion that most probably the whole of the nitrogen which had been supplied as manure in the ammonia salts or nitrate of soda, and which was not either recovered in the increase of crop, or retained by the soil in a very slowly available condition, was drained away and lost. When the manure employed contains or yields ammonia, what happens is that the ammonia becomes oxidated in the soil, and so converted into nitric acid, which is washed away in the drainage water, cliieflj^ in combination with lime, or soda, or both, if not in the meantime taken up- by a growing plant. When, however, nitrate of soda is applied, its great sokibility, and the much less power of the soil for the absorption of it, or of its products of decom- j)osition, than for that of ammonia, render it extremely liable to loss by drainage if heavy rain should follow soon after sowing. Although the nitrogen of manures is thus found to be very liable to loss by drainage, direct experiments show that the two important mineral constituents, phosphoric acid and potass, are much less liable to such loss. Thus Dr. Voelcker's analyses of the drainage waters showed them to contain very little of either phosphoric acid or potass; and analyses of the soils themselves, made by Hermann von Liebig, son of the late Baron Liebig, showed that they contained considerably more of both 192 Valuation. Chap. 2. phosphoric acid and potass — especially in the upper layers -y , 7. — the greater had been the supplies of them by manure. ' Experiments in the field further showed that these sub- stances, though remaining dormant and ineffective in the soil in the absence of a sufficient supply of nitrogen, become effective even for twenty years or more after their application, if nitrogen in. an available form be also pro- vided within the soil. It is proved then that of the three constituents of manures — nitrogen, fliosphoric acid, and potass — (which, in the sense that by the production and sale of corn and meat they are the most likely to become relatively deficient, are the most important constituents of manures generally) the nitrogen is, at any rate when applied as ammonia salts or nitrate of soda, very liable to loss by drainage, whilst the phosphoric acid and potass are, in a much greater degree, retained by the soil. When farmyard manure is employed, or other manures containing a large quantity of nitrogenous organic matter are used, the result is not quite so simple. For example, in farmyard manure a portion of the nitrogen exists as ready formed ammonia, but a large proportion becomes only very gradually converted into ammonia as the nitro- genous organic matter decomposes in the soil. Indeed, owing to the slow decomposition of dung, and the tardiness with which a large proportion of its nitrogen becomes available for the use of the growing crop, three or foiu- times more nitrogen, in the form of dung, than in active artificial manures, must be applied to produce the same effect upon the immediately succeeding crop. Dung, however, possesses two very important properties, one mechanical and the other chemical. By reason of its bulk and the quantity, of organic matter it contains, it serves to render the soil more open and porous, and so to enable it, not only to retain more water in a favourable condition, but also to absorb and retain more of the valuable constituents of the manure, and so to arrest the passage of them in solution into the drains. Further, by Valuation. 19S the gradual decomposition of the organic matter of the Chap. 2. dung, the pores of the soil become filled with carbonic y^iJ^joQ acid, which probably serves to retard the oxidation of the ammonia into the more soluble form of nitric acid, in which it would be more liable to be washed out and lost by drainage. From these facts it will, be readily under- stood how it is that dung is more lasting in its effects than the more active artificial manures. Still, in the experiments at Eothamsted, in which dung has been applied year after year for many years in succes- sion, there is a large amount of the nitrogen so supplied, which is not yet accounted for, eitlier in the increase of crop, or in the soil. Whether there is an ultimate loss of a greater or less proportion of that supplied than when ammonia salts or nitrate of soda is used; whether the loss will be proportionally the same when dung is used in more moderate quantity; or whether the loss be wholly or chiefly by drainage, or in other ways, the evidence at present at command is not sufficient to determine with certainty. From the foregoing observations on the characteristics of some of the most important descriptions of manure, it will be obvious how essential it is to take into carefid con- sideration the peculiar properties and probable duration of eflfect of different manures, if we would hope to arrive at anything like a fair estimate of the money value of the unexhausted residue they leave in the soil under various circumstances. Guided by such knowledge as I possess on the various essential points of the question, I will now endeavour to estimate the value of the unexhausted residue of various manures under the circumstances in which that value is most likely to become the subject of claim for compensa- tion. In all cases the valuation is expressed in the number of shillings estimated to be due to the outgoing tenant for twenty shillings original manure value. The valuations given must, however, be taken aa only approxi- mately correct, as the amounts due might be afl'ected ta o 194 Agricultural Holdings {England) Act, 1883. Chap. 2. the extent of twenty per cent, or more, according to the Valuation cleanliness or foulness of the land, the lightness or heaviness of the soil, the dryness or wetness of the seasons, and the difierence between the iDurchasing price of the food or manure and its actual and relative value. 1. — Manure from Purchased Cattle Food. Claims for compensation for unexhausted manures will probably arise more frequently under this head than under any other. It will be necessary, therefore, to consider the question in some detail. When the farmer uses purchased cattle food, or food the produce of the farm which he would otherwise be justified in selling, he looks for his remuneration partly to the increased value of his animals, and partly to the value of the maniire obtained from them. The increased value of the animals is of itself seldom, if ever, equal to the cost of the food consumed. Unless, therefore, the outgoing tenant can rely upon obtaining compensation for the value of the manure produced from such food, he must either cease to purchase it and feed his animals on the produce of the farm alone for a year or two before he leaves it, or he must submit to a loss which sometimes will be very con- siderable. Before we can approach the question of the value of the unexhausted residue of manure produced by the consumption of purchased (or saleable) cattle food, it is necessary to come to some decision as to the original value of such manure ; in other words, to determine how much of the cost of any particular food should be charged to the manure account. With regard to the value of difl'erent foods for feeding purposes, it may be stated in general terms, as the con- clusion drawn from hiindreds of feeding experiments with different descriptions of food, made at Rothamsted, that, weight for weight, there is very much less difference in the feeding value than in the manure value of foods which are Valuation. 195 included in what may be called the same class. For Chap. 2. instance, it will make comparatively little difference, so far y^j^ion, as the increase in the live weight of the animal is con- cerned, whether a ton of cake, a ton of pulse, a ton of Indian meal, or a ton of barley be given to fatten oxen or sheep, and comparatively little whether a ton of clover hay or a ton of meadow hay be used. Within each of these classes of food, however, there would be a very wide difference in the value of the manure which the consump- tion of a ton of each of them would produce. Having regard to the results of the feeding experiments above referred to, and taking into consideration the known average composition of different descriptions of food, an estimate was made of what proportion of certain of the constituents in a ton of various descriptions of food would, on the average, be stored up in the animal itself, and what proportion would be obtained in the manure produced. The value for manure of those constituents was then calcu- lated, and the results are given in the following table, which I first published about 14 years ago : — Table. — Estimated Value of the Manure obtained by the ; rv- Consumption of different Articles of Food, each supposed to be of good quality of its hind. Description of Food. Money value of the Manure from one ton of each Food. 1. Cotton seed cake, decorticated 2. Rape cake 3. Linseed cake 4. Cotton seed cake, not decorticated ... 5. Lentils ... ... ... 6. Beans ... 7. Tares £ s. d. 6 10 4 18 6 4 12 6 3 18 6 3 17 3 14 3 13 6 o3 196 Agricultural Holdings [England) Act, 1883. Chap. 2. Valuation. Table — continued. Money value of the Descriptio n of Food. Manure from one ton of each Food. £ s. d. 8. Linseed 3 13 9. Peas 3 2 6 10. Indian meal ... 1 11 11. Locust beans .. 12 6 12. Malt dust 4 5 6 13. Bran 2 18 14. Coarse pollard.. 2 18 15. Fine pollard .. 2 17 16. Oats 1 15 17. Wheat 1 13 18. Malt I 11 6 19. Barley 1 10 20. Clover hay 2 5 6 21. Meadow hay .. 1 10 6 22. Bean straw 10 6 23. Pea straw 18 9 24. Oat straw 13 6 25. Wheat straw .. 12 6 26. Barley straw .. 10 9 27. Potatoes 7 28. Parsnips 5 6 29. Mangold wurtze I ... 5 3 30. Swedish turnips 4 3 31. Common turnip 3 4 32. Carrots 4 The prices given in the foregoing table represent what it will be convenient to term the manure value of a ton of the different descriptions of food ; that is to say, the value of the manure provided it reached the soil without loss, and Valuation. 197 was not subject to loss by drainage before the growth of a Chap. 2, crop. These prices might conveniently be adopted as a yai^^on. basis in the settlement of claims for compensation for the unexhausted residue of manure derived from the consump- tion of purchased or saleable cattle foods. Any one acquainted with the cost and the feeding value of the different foods, will see by a glance at the table how little connection there is between either the cost or the feeding value of a ton of the different foods and what may be termed their manure value. It is clear, therefore, that it would be quite fallacious to base a claim for compensation for the unexhausted manure from purchased food either upon the number of tons of food consumed, regardless of the description of that food, or upon the amount of money expended in its purchase. For example, the cost of a ton of undecorticated cotton cake and of a ton of locust beans would be much about the game ; but the table shows that the estimated value of the manure from the consumption of a ton of the cotton cake would be £3 18s. 6d., whilst that from a ton of locust beans would be only £1 2s. 6cL Hence the same outlay — according as a ton of the one or of the other of these two descriptions of food were purchased — would result in a difference of £2 16s. in the value of the manure thereby brought upon the farm. The manure value alone should, therefore, be adopted as the basis of any calculations of the value of the unexhausted residue of manures derived from the consumption of pur- chased or saleable cattle food. Adopting the manure value of the different foods, as given in the table, I will now endeavour to estimate to the best of my ability the value of the unexhausted residue of such manures under various circumstances which are likely to occur. When the ordinary manure of the farm is enriched by the consumption of purchased or saleable cattle foods, the first crop grown after the application of such manure will be considerably increased. The second and third crops will, 198 Agricultural Holdings [England) Act, ]883. Chap. 2. according to circumstances, be more or less benefitted ; but,. Valuation^ P^'^^ctically speaking, there will be no unexhausted residue- left at the end of the rotation. If purchased food be consumed with a root crop, and the outgoing tenant take no crop grown by the manure so pro- duced, he should be allowed compensation at the rate of 1 7s. for every 20s. of the original manure value of the food if it have beeu consumed on the land, or of only 16s. if" consumed in the yards. If he take one corn crop produced by such manure, sell the corn, but leave the straw on the farm, he should be allowed 7s. for every 20s. of the original manure value of the purchase or saleable food. If he have taken a second corn crop, leaving the straw, he should be allowed Is. ; or if, instead of a second corn crop, grass or hay be grown and consumed on the farm, 2s. ; but if the second crop after the roots be hay which he has sold nothing should be awarded to him. If purchased or saleable food be consumed on grass land, and the outgoing tenant have not afterwards removed a crop of hay, he should be allowed 18s. for 20s. original manure value of the food. If he have taken a crop of hay and consumed it on the farm he should be awarded lis., but if the hay have beeu sold, only 2s. for 20s, of the manure value of the food. After a second year's hay crop, if consumed, 2s., but if sold nothing should be allowed. If the land be only pastured, and purchased food be consumed on it for one, two, or three years before leaving, the com- pensation might fairly be fixed at 18s. for 20s. original manure value after one year, at 12s. after two years, and at 4s. after three years. 2. —Farm Yard or Town Stable Manure. Farm yard manure made from the produce of the farm alone, without purchase of cattle food, should not be made the subject of any claim for compensation by the outgoing tenant, whether such manure have grown a crop, or remain in the yards, or on the land. The cases of the enrichment Valuation. 19^ of such manure by the use of purcliased cattle food, would Chap. 2. be taken into account under the provisions of the previous Valuation, section. When stable manure is purchased and used in large quantities, and the application has extended over a long series of years, as, for instance, in the case of garden ground, the vinexhausted residue remaining in the soil is very great, and large crops may be taken from such land without further manuring for a number of years in succession. Such cases would require special consideration and adjudi- cation if not provided for by special agreement, as generally would be the case. When purchased stable manure is only used in the moderate quantity usual in ordinary agriculture, and only once in the course of a rotation of 4 or 5 years, it may be assumed that towards the end of such period no unexhausted residue would remain which would be sufficient to ju.stify a claim for compensation to the outgoing tenant. If purchased stable manure be applied for roots which are consumed on the land, 17s. for every 20s. of the original value of the manure may be allowed, but if the roots be consumed in the yards, only 16s. If one corn crop be afterwards taken, the corn sold, but the straw left on the farm, 9s. may be allowed ; if a second crop have been taken, the corn sold, but the straw left, 3s. should be allowed ; or if, instead of a second corn crop, grass or hay be grown and consumed one year, 5s. ; but if the hay be sold or the grass have been grazed a second year, only 2s. should be allowed. If such manure be applied directly for a corn crop, the corn sold, and the straw left, 12s. for 20s. of the original value of the manure may be awarded. After a second corn crop, 6s.; or if, instead of a second corn crop, grass or hay be grown and consumed one year, 8s. ; or if the first year's hay be sold, or the produce grazed or consumed a second year, only 4s. should be allowed. If the manure be applied directly to grass land, and the produce is entirely grazed, 18s. may be allowed after one 200 AgricuUural Holdings {England) Act, 1883. Chap. 2. year ; 145. after two years ; 8s. after three years ; and 2s. V 1 f" after four years. If the manure be applied to grass land and hay be taken exclusively for consumption on the farm the allowance should be 16s. after one year, 12s, after two years, and 6s. after three years ; or if the hay be sold, 10s. after one year, 4s. after two years, but nothing after three years should be allowed. 3, — Rape Cake {or other Cake) used as Manure. When rape cake, or other cake, is used as manure, a con- siderable portion of it decomposes pretty rapidly in the soil, and the more so the lighter and more porous the soil. It yields up a much larger proportion of its nitrogen, and other nianurial constituents, in the first year of its applica- tion, than does farm yard manure ; and, accordingly, in practice, a quantity not containing one-fourth the amount of nitrogen of an ordinary dressing of dung would be applied to produce the same effect on the first crop. An ordinary dressing of rape cake, therefore, after the first croj), leaves a very much less unexhausted residue than an ordi- nary dressing of dung. A given quantity of nitrogen applied as rape cake would, on the other hand, be less rapidly available and effective than the same quantity applied as nitrate of soda, sulphate of ammonia, or Peruvian guano ; but it would be less liable to loss by drainage, and would, therefore, leave a larger proportion as unexhausted residue after the first crop than either of the above-named more rapidly active manures. If the outgoing tenant have applied cake as manure for a root crop, and the roots have been consumed on the farm, he should receive compensation at the rate of 16s. for 20s. cost of the manure if they were consumed on the land, and of 15s. if consumed in the yards. If a corn crop have been grown after the roots, the corn sold, and the straw left, he might receive 7s. for 2()s. cost of the manure ; if a second corn crop. Is. ; or if, instead of a second corn crop, grass or hay be grown and consumed, 3s. ; but if hay be sold nothing should be allowed. Valuation. 201 I cake be applied directly for a com crop, the corn sold, Chap. 2. and the straw left, 7s. for 20s. cost of the mauure may be Valuation, allowed. If a second corn crop have been taken, Is. ; but if, a third, nothing should be allowed. If, instead of a second corn crop, grass or hay be grown and consumed, after one year, 3s., or after two years. Is.; but if hay be sold, nothing should be awarded. 4. — Bones. Ordinary crushed or half-inch bones decompose less rapidly, and are, therefore, less rapidly active than finely ground bones. In either state bones are less rapidly active than rape cake ; and, like rape cake, are much less so than nitrate of soda, ammonia salts, or guano. The action of bones depends, moreover, very much upon the characters of the soil to which they are applied. In heavy soils their action is very slow, and therefore the more lasting ; but in light soils it is more rapid and less lasting. In the case of soils to which experience has shown that bones can be applied with effect and profit for the root crop, if so applied, and no crop have been grown from the manure produced by the consumption of the roots, the allowance might be 17s. for 20s. original value, if the roots have been consumed on the land, or 16s. if consumed in the yards. If a corn crop have been taken after the roots, the corn sold, and the straw left, 8s. ; if a second corn crop, 2s. ; if instead of a second corn crop, grass and hay be grown and consumed one year, 4s. ; or if hay be sold, or grass or hay consumed a second year, only Is. should be allowed. If bones be applied to suitable grass land which is entirely grazed, 18s. for 20s. original value may be allowed after the first year, 13s. after the second, 6s. after the third, and Is. after the fourth year. If the grass be made into hay and consumed on the farm, 16s. after one year, 10s. after two years, and 3s, after three years, may be allowed. If the hay be sold, 10s. may be allowed after the first year, 4s. after .the second, but nothing after the third year. 202 Agricultural Holdings [England) Act, 1883, Chap. 2. b.— Nitrate of Soda ValJ^on . From what has been already said of the loss of the nitrogea of manure by drainage, and especially of the very great loss that may arise when such soluble and rapidly active nitrogenous manures as nitrate of soda, or ammonia-salts^ are used, it will be readily understood that, when they are employed, we have not to look forward very far to reach the limit of their action, and consequently, the period at which any claim for compensation for their unexhausted residue should cease. This point is, in fact, sooner reached in their case than in that of any other nitrogenous manures. Next in order, in lasting character, so far as the nitrogen is concerned, comes guano, then perhaps folding, then rape- cake, and then bones ; whilst farm-yard manure is the most lasting of ail- Notwithstanding the very great solubility of nitrate of soda, and its greater liability to loss by drainage than any other nitrogenous manure, some experiments at Rothamsted have shown that, after it had been used in large quantities for many years in succession, considerable benefit accrued to future crops. To what extent this result was due to the disintegration of the subsoil, by which it became more porous, more capable of containing water in a condition favourable for the growing crop, and more permeable to its roots, and how much to the retention of nitric acid by virtue of the increased porosity, and therefore surface for absorp- tion of the subsoil, there is not sufficient evidence to show. It would, indeed, be quite unsafe to assume that any con- clusions applicable to ordinary practice can be drawn from these results, obtained under such exceptional circumstances. It must, in fact, for practical purposes be assumed, that nitrate of soda, used only occasionally, and only in the moderate quantities usually applied, leaves no beneficial residue after the removal of the first crop. Whatever is not taken up by the crop itself, or washed out during its growth, will probably be, in great part, drained away in the winter following, leaving at any rate but a small, an uncer- tain, and a doubtfully effective, residue. Valuation. 203 "When nitrate of soda is applied for a corn crop, tlie grain Chap. 2. sold by the outgoing tenant, and the straw left on the farm. Valuation, he should receive 6s. for 20s. cost of the manure ; nothing after a second corn crop ; but if, instead of a second corn crop, grass or hay be grown and consumed. Is. If nitrate of soda be applied to grass which is only pas- tured, 16s. for 20s. of original value of the manure should be allowed after one year, lOs. after two years, and 2s. after three years ; if hay be taken and consumed, 14s. after the first year, 8s. after the second year, and Is. after the third year ; but if the hay be sold, 2s. after one year, but nothing afterwards, should be allowed 6. — Salts of Ammonia. The only salt of ammonia used to any extent for agricul- tural purposes is the sulphate of ammonia. As already said, this is used to a considerable extent ; but chiefly in the manufacture of mixed manures. When sown in the autumn, it will be more liable to loss by drainage than nitrate of soda sown in the spring ; but when sown in the spring, it will probably be less liable to loss by drainage than nitrate of soda sown at the same time. It is more liable to such loss in the case of light and porous soils and subsoils than of soils and subsoils of more retentive character. The same rules for compensation will be applicable to sulphate of ammonia as to nitrate of soda ; provided the circumstances of its application, as above referred to, be the same. 7. — Superphosphate of Lime, made from Mineral Phosphates ; and other purely Mineral Manures. It has been explained that the phosphoric acid, and the potass, of manures of this class, are comparatively little, liable to loss by drainage, at any rate when applied to the heavier soils. In fact, they leave a considerable un- exhausted residue ; but that residue is, as a rule, without appreciable effect on succeeding crops, unless nitrogenous manure be applied to take it out. If, therefore, the crop for which the manure has been applied, has been wholly sold 204 Agricultural Holdings {England) Act, 1883. Chap. 2. by the out-going tenant, no residue will remain to wHch a Valuation J^O"<^y ^''^^^^^ "^'^^ ^^ assigned. The most prominent effect of superphosphate of lime, when applied to a root crop, is to cause a great development of root-fibres, thus enabling the plant to gather up much more of other food from the soil. It, therefore, serves to increase the immediate effect of other manures supplied with it ; also to turn to account accumulations within the soil, which, if not taken up, would be liable to loss by drainage. When superphosphate has been applied to roots, and no crop has been taken from the manure produced by their consumption, 9s. for 20s. of its cost may be allowed if the roots be consumed on the land, or 8s. if in the yards ; or, if corn follow the roots, the grain sold and the straw left, 2s. may be allowed. When superphosphate has been applied for a corn crop, tiie corn sold and the straw left, compensation to the extent of 5s. for 20s. cost of tlie manure might be granted. No compensation should be claimed for the unexhausted residue of superphosphate, or other purely mineral manures, whenever a second crop of any kind has been taken since the application, excepting corn after roots as above speci- fied. 8. — Guano, in its natural state, or manufactured. Under the existing conditions of the Peruvian guano trade, it is impossible to speak with any certainty even as to the value of guano as a direct manure. It must, there- fore, be more difficult still to speak definitely as to the value of the residue it may leave in the soil after the removal of a crop. At one time the farmer could calculate upon receiving guano containing nitrogen equal to 16 per cent, of ammonia; more recently he had to be satisfied with 14 per cent. ; and more recently still not only a lower average per cent, than this, but great uncertainty whether he would receive that amount, half as much, or even less. At the present time, the agents of the Peruvian Govern- ment sell some of their guano in its natural state, which, on Valuation. 205 tlie average, probably contains nitrogen equal to about 12 Chap. 2. per cent, of ammonia, and from 25 to 30 per cent, of phos- y i~rf^Qy phates ; but some tbey mix with sulphuric acid, and manu- facture it into a substance of uniform quality, containing nitrogen equal to about 10 per cent, of ammonia, superphos- phate equal to about 20 per cent, of phosphate rendered soluble, and only about 4 per cent, of phosphates left un- dissolved. Such a manufactured guano would rank in a position intermediate between the more highly and purely nitro- genous manures (such as nitrate of soda and sulphate of ammonia) on the one hand, and a superphosphate of lime on the other ; or rather, it would be equivalent to a mixture of the two. Other manure dealers also prepare "dissolved guano," but of very varying composition. From what has been said in regard to the action, and the value, of dilierent descriptions of manure, it will be readily understood that the value of guano will depend very greatly upon the percentage of nitrogen it contains. The nitrogen in guano, whether " dissolved " or not, should be valued at the same rate as that in nitrate of soda, or sulphate of ammonia. If the guano have been " dissolved," by admixture with sulphuric acid, the value of the phosphates rendered soluble may be reckoned as the same as that in sujaerphosphate of lime, but if not dissolved at only two-thirds as much. Thus, it will be obvious that the mere price paid for guano cannot be accepted as the basis upon which to cal- culate the value of its unexhausted residue after it has yielded a crop. It is essential for the establishment of a claim for compensation, that the composition of the guano should be known, and its actual value calculated, according to — the amount of ammonia it contains or yields, the amount and condition of its phosphates, the price of ammonia in sulphate of ammonia, and that of ■ soluble phosphate in superphosphate. -206 Agricultural Holdings {England) Act, 1883. Ohap. 2. If the gnauo have been acted upon by sulphuric acid, Valuation ^*^*^ ^*^ nitrogen and its phosphates will probably be more eflfective on the first crop, and leave, therefore, the less for succeeding crops, than if it were used in its natural state. But the difference would not be either suflSciently great, or sufficiently uniform on various soils and in various seasons, to justify a difl:erence in the scale of valuation of the unexhausted residue. If guano, whether dissolved or not, have been used for roots consumed upon the farm, and the manure so produced has not yielded a crop, 15s. for 20s. estimated value of the guano may be allowed if the roots be consumed on the land, or 14s. if in the yards. If the manure produced from the roots have yielded a corn crop, the corn being «old, and the straw left, 4s. for 20s. value of the guano should be allowed ; if a second corn crop have been taken, Is. ; or if, instead of a second corn crojj, grass or hay be grown and consumed, 2s. If guano, whether dissolved or not, have been directly applied for a corn crop, the grain sold, and the straw left, 6s. for 20s. value of the guano might be awarded. If, after one corn crop, grass or hay be grown, and consumed on the farm, Is. may be allowed ; but if a second corn crop be taken, or hay be cut and sold, no claim for compensation should be admitted. If guano be applied to grass land, 16s. for 20s. original value may be allowed after one year, 10s. after two years, and 2s. after three years, if the produce be only grazed ; if it be made into hay which is consumed, 14s. after one year, 8s. after two years, and Is. after three years ; or, if a crop of hay be taken and sold, only 2s. should be allowed. 9. — Other Mamires of more or less unlcnoxcn composition. Under this head may^be included : Special grass manures, corn manures, root manures, or other compound artificial manures ; also dried blood, shoddy, and some other refuse matters. Valuation. 207 As in the case of guano, so in tliat of eacli of the above Chap. 2. manures, the mere price paid for it cannot be accepted as valuation, the measure of its value. If any claim for compensation for the unexhausted residue of such manures is to be made, it IS absolutely essential that the composition of the manure used should be knowm. It is obviously requisite that any Act by which power is ^iven to an outgoing tenant to claim compensation for un- exhausted manures, should give the person subject to such claim power to ascertain the composition and value of the manures in respect of which the claim is made. In all cases, therefore, in which it is intended to put in such a claim the person making it should be required to give notice to the landlord that he is about to use certain manures, from which he may have samples taken for analysis if he desire it. Professor Cameron has from time to time drawn atten- tion to the numerous frauds committed upon tenant farmers in Ireland by the sale of spurious manures ; and if a pur- chaser do not take the trouble to protect himself from fraud when his own interest alone is concerned, he is little likely to do so if, by afterwards claiming compensation based upon the amount of his outlay, he can shift a portion of the loss upon sorlieone else. The value of the manures of this class will depend almost exclusively on the quantity and the condition of the nitrogen and of the phosphates which they contain. Special grass, corn, root, or other compound manures, will sometimes contain their nitrogen as sulphate of am- monia, but frequently in the form of shoddy or other nitro- genous organic matter. If tlie nitrogen exist as sulphate of ammonia, it should be A^alued at the same rate as in that substance. The nitrogen in shoddy, and in most other nitrogenous organic matters used as manure, is, however, much more slowly effective than that in nitrate of soda, sulphate of ammonia, or guano. As a rule, therefore, the nitrogen of manures which exist as nitrogenous organic matter, should be valued at only from one-half to two- 208 Agricultural Holdings [England) Act, 1883. Chap. 2. thirds the price of that in nitrate of soda, sulphate of am- Vali^ion. monia, or guano. A given quantity of nitrogen in nitrogenous organic matter being less rapidly effective, and probably less liable to loss by drainage also, than that in nitrate of soda, sul- phate of ammonia, or guano, will, of course, leave pro- portionally more for succeeding crops. The result will, however, be so dependent on the description of the organic matter employed, the kind of soil to which it is applied, the characters of the seasons, and other circumstances, and the residue itself would, in some cases, be so slowly avail- able, that, practically speaking, the unexhausted residue from nitrogenous organic matter applied as manure, cannot he taken at a higher value in proportion to the original value of the manure than in the case of the more rapidly active nitrogenous manures. The phosphate of manures of this class, if in the state of superphosphate, should be valued as in superphosphate. The following scale of compensation for unexhausted residue might be adopted when any of these manures are used : — When applied to grass, and the j^roduce has been only • grazed, 16s. for 205. original value of the manure, calculated as above, may be allowed after the first season, 6s. after the second, but nothing after the thir^d. If hay be taken and consumed on the farm, the allowance may be 13s. after the first year, and 4s. after the second year; but if the hay have been sold, only 2s. should be allowed. When applied for a corn croj), the com being sold and the straw left, 6s. for 2()s. estimated value of the manure should be allowed. If a second corn crop be taken, no allowance should be made ; but if, instead of a second corn crop, grass or hay be grown and consumed, Is. may be allowed. When applied for a root crop, the roots consumed upon the farm, and the manure so produced have not yielded a crop, 12s. for 20s. of the value of the manure may be allowed if the roots be consumed on the land, or only IDs. Valuation. 209 if consumed in tlie yards. If a corn crop have been grown Chap. 2. by the manure of the consumed roots, the grain sold, and y- i~T the straw left on the farm, 2s, for 20s. of the estimated value of the manure should be allowed. In the case of any compound or refuse artificial manure, containing very little nitrogen but a fair amount of soluble phosphates, the same proportion of the estimated value of the manure may be allowed for unexhausted residue, as if it were a superphosphate. But if it contain very little of either nitrogen or soluble phosphates, no allowance what- ever should be made for its use. The foregoing remarks as to the circumstances to be taken into consideration in valuing the unexhausted residue of the various compound, or refuse, artificial manures of more or less imknown or uncertain composition, and the scales of compensation which have been suggested, will, it is hoped, serve as some guide to those who may have to adjudicate on claims made in relation to such manures. At the same time, it will be obvious that, owing to the great difference in the composition and value of such manures, no absolute rules can be laid down for the estima- tion of the value of any residue they may leave in the soil. Appn_dx. APPEI^DIX. Compensa- ci^^ APPENDIX A. LIST OF COUNTIES, WITH THE CUSTOMS AS TO COMPENSATION. The following customs of the countiy are taken from the schedules to the rejjorts of the committee appointed by the Council of the Central and Associated Chambers of Agricul- ture to collect and j)repare information on Unexhausted ■ Improvements (presented May, 1874). In the case of counties marked with an asterisk* the commissioner received no returns to their enquiries, but drew their in- formation from the authorities mentioned in their report. Bedfordshire.^^ No custom allowing compensation for oilcake or artificial manures ; nor for drainage, nor any other durable or permanent improvement. Berkshire. (Newbury District.) — No compensation for pur- chased feeding stufls or purchased manures; nor for any diu-able or permanent improvement, (Henley on Thames District.) — See Oxfordshire and Berkshire (Henley-on-Thames District.) Buckinghamshire. No compensation for purchased foods, or purchased artilicial manures ; nor for drainage or other durable or permanent improvement. Cambridgeshire. (North of Isle of Ely.) — From one-fourth to one- half of the original value allowed for linseed oilcake and cotton-cake consumed in yards or buildings, or on arable or pasture land, in the last year of the Customs as to Compensation. 211 tenancy. When growing crops are taken at cost of Appndx. seed and labour, the full cost of manures applied to Coinnensa- them is allowed. Full value allowed for claying done tion by in the last year of the tenancy ; one-fourth anniially custom, deducted for such outlay made in previous years. Seed and cost of sowing allowed for new pasture laid down in the last year of the tenancy. For the drain- age done in the last year of his tenancy, the tenant finding tiles, six-sevenths value allowed, haulage, labour and materials ; one-seventh annually deducted for such outlay in previous years. Cheshire. (North.)— Full value allowed for liming arable and pasture land in the last year of the tenancy ; one- third deducted annually for such outlay made in pre- vious years in case of arable land, and one-seventh in case of pastures. Full value for boning pastures with undissolved bones in the last year ; one-seventh annually deducted. Cost of seeds allowed for laying down new pastur;e. Full value for tile drainage, labour, and haulage ; One-seventh annually deducted if landlord finds tiles ; one-fourteenth if tenant finds tiles. Full value allowed for filling up ponds, ditches, and creeks, if done with consent of landlord ; one-fifth annually deducted. Full value allowed for labour and materials in planting quickset fences, and in erecting stone, wood, or iron fencing in the last year ; one-seventh annually deducted. Full value allowed for labour and materials in making walls, banks, and reservoirs, in the last year ; one-fourteenth annually deducted. Full value for labour and materials in planting orchards and gardens in the last year. (Macclesfield, Nantwich, Middlewich, Northwich, Broxton Districts.) — Custom growing for allowing one- half value of oilcake consumed in the last year. The cost of seeds and labour in laying down new pasture allowed in Macclesfield district ; cost of seeds in other districts. In Macclesfield district, bone-dust applied p 2 213 Agricultural Holdings [England] Act, 1883. Appndx. for hay, tliree-foiirtbs the cost allowed for that applied Compensa- ^^ ^^^^ ^^^^ ' one-iourtli annually deducted for that tiou by applied in jirevious years. If applied to pasture land, custom. the whole cost of the last year's application, and one- fourth annually deducted. In Broxton district, custom of allowing for boning is only just springing up. In other districts, three-fourths allowed in the last year, and one-fourth annually deducted. (Wirral District). — One-half value allowed for lin- seed oilcake consumed in yards or buildings, or on arable or pasture land, in the last year of the tenancy ; one-third in last year but one. Custom growing to allow one-fourth for last year but two. Cornwall.* No allowance by custom for unexhausted temporary improvements. Allowance for unexhausted durable or permanent improvements very rare. Cumberland.* No allowance for oilcake ; but it is usual to allow for bones and guano if put upon fallow for wheat in the last year of tenancy, the outgoer having received no benefit. Liming in the last year generally paid for. Few, if any, other durable or permanent improvements allowed for. Derbyshire.* Allowances for oilcake and for guano exist on some estates, and are extending, though not general ; and in some cases one-third or one-half the oilcake bill of the Mst year is allowed. An allowance is made for lime, bones, and rape-dust. For draining, with the land- lord's written consent, the tenant is generally allowed on a seven years' scale, sometimes on a ten years' scale. Devonshire (East and Central). No custom for allowance for any kind of improve- ments, though the desirability of such payments is beginning to be recognized in agreements. Customs as to Compensation. 213 Dorsetshire. Appndx. (Blandford and Blackmore Vale Districts.) — No Compensa- custoni for allowances for any kind of improvements, tion by (Central.)— One-fifth of the original value allowed custom, for linseed oil-cake and cotton-cake consumed in yards or buildings, or on arable or pasture land, during the last year of the tenancy. Tliree-fourths original value allowed for guano, bone-dust, superphosphate of lime, ashes, nightsoil, and town manure, used during the last year of the tenancy for root or green crops raised for consumption on the farm, or for growing corn crops when the straw is for consumption on the farm ; one-haK in each case for the last year but one. Same amount allowed for ashes, nightsoil, and towTi manure applied to pasture land. Generally, 15s. in the £, 10s. in the £, 5s. in the £, and 3s. in the £ allowed for manures used in the last four years respectively. Full value allowed for thorn or wood draining done in the last year of the tenancy ; one -tenth annually deducted from such outlay in previous years. " For chalking done in the last year, all ; for that done in the last year but one, all ; last year but two, 18s. in the £ ; last year but three, 16s.; last year but four, 13s.; last year but five, 10s.; last year but six, 7s.; last year but seven, 4s. in the £. This is with the landlord's consent in writing. If done by the land- lord, the tenant to pay 5 per cent, on the outlay. Liming on heavy soil, last year, all ; for previous years, 17s., 14s., 8s., and 5s. in the £. Liming pastures, ditto. Bones on arable land, allowed 15s., 10s., 5s., and 3s. in the £. Guano to root or green crops on medium soils, superphosphate of lime, and nightsoil, or town manure allowed on the same scale." Tile and stone drainage : full value for labour and haulage allowed, if done with written consent of land- lord, the landlord finding materials. If done by land- lord, the tenant pays 5 per cent, on the outlay. Sum allowed for previous years is 18s., 16s., 14s., 12s., 10s., Ss,, 6s., 4s., and 2s. in the £. 214 Agricultural Holdings [England] Act, 1883. Appndx. Planting apple trees in last year of tenancy: full ^ value allowed for labour and trees. Compensa- cStom. Durham.* No allowance by custom for durable or permanent improvements. [No information as to custom regard- ing temporary imj)rovements.] Essex (North). No custom for allowances for purchased feeding stuffs or manure, nor for any kind of improvement. Gloucestershire. (Cotswold Hills.)— Full value for guano, nitrate of soda, sulphate of ammonia, nitro-phosphate or blood manure, superphosphate of lime, bone dust, ashes, night- soil, town manure, and special concentrated manures, applied during the last year of the tenancy to root or green crops for consumption on the farm. Full value for ashes, nightsoil, and town maniire applied to pas- tures in the last year. The value of any portion of the root crops fed off by the outgoing tenant is deducted. (Cirencester District.) — Full value for guano applied in the last year of the tenancy to root or green crops for consumption on the farm ; one-third value for guano so applied in last year but one. Full value for guano applied in the last year of the tenancy to grow- ing crops when the straw is for consumption on the farm. Full value for nitrate of soda, sulphate of ammonia, nitro-jihosphate or blood manure, super- phosphate of lime, kaiuit, ashes, nightsoil, and town manure applied in the last year to root or green crops for consumption on the farm. Full value for bone-dust so apphed in the last year ; two-fifths value if applied the year before last ; one-sixth if applied last year but two. Full value for special concentrated manures applied last year ; and one-third value if applied the year before last. Full value for ashes, nightsoil, and town manure applied to pasture lands in the last year.- Customs as to Compensation. 215 EuU value for tliorn or wood draining and for i^aring Appndx. and burning done in the last year. For boning pastures Compeusa- with. undissolved bones, last year, full value ; last year tion by but one, two-fifths ; last year but two, one-sixth. custom. Full value for tile drainage done in the last year. One-fourth annually deducted if landlord finds tiles ; one-seventh if tenant finds tiles. Full value for filling up ponds, ditches, and creeks, and for stocking and grubbing trees and fences. (Vale of the Severn.) — Allowance for cake, &c., varies according to circumstances. Little can be claimed by custom, as it has not been used long enough to establish one. Most agreements give something when no corn has been taken. All purchased nianirres are allowed for if applied to root or green crops in the last year of the tenancy. The tenant is allowed to cut or crop growing under- wood and pollard, if at maturity, for the purposes they are generally used for. Outgoing tenant can remove buildings of wood, &c., not attached to the freehold, and the incomer is not obliged to take them. (East and North of Cheltenham.) — Full value for guano, bone-dust, soot, and superphosphate of lime, applied in the last year of the tenancy to root or green crops for consumption on the farm ; one-half value of bone-dust so applied in last year but one. Full value for paring and burning, and for boning arable land with undissolved bones in the last year ; one-thu'd value for boning arable land in last year but one. Full value for tile drainage, labour, haulage, and tQes, done in last year of tenancy. Full value for labour and haulage when the landlord finds tUes. Full value for buildings of wood or other construction not attached to the fi'eehold, fixed steam engines and driving gear, and trade fixtures, put up in the last year of the tenancy. 216 Agricultural Holdings [England] Act, 1883. Appndx, Compensa- tion by custom. (Ledbury District.) — Very rarely any allowances for either feeding stuffs or purchased manures. No com- pensation for durable improvements, but bop-poles are taken by incomer at a valuation. The expense of draining is generally borne by the landlord, the tenant paying a percentage, or the landlord finds tiles, and the tenant pays expense of hauling and labour. The land- lord finds quick for planting hedges, and the tenant pays expenses of planting. The tenant keeps the roads in repair. The tenant hauls free of expense materials for repairs of buildings. (Tetbury District.) — All purchased manures allowed - for if applied to root or green crops in the last year of the tenancy. No durable improvements allowed for unless they rank as preparations for the last crop of roots. (Tewkesbury District.) — Full value for guano and superphosphate of lime applied in the last year of the tenancy to root or green crops for consumption on the farm. The outgoer at Lady-day has an away-going crop. Full value for paring and burning in last year. (Stow-on-the-Wold, West of Cheltenham, Forest of Dean, "West Gloucestershire, Berkeley, &c., Districts.) — No custom of allowances for any kind of improve- ments. Hampshire. (North, and Andover District.) — No custom of allow- ances for any kind of improvements, except in North Hampshire, where full value is allowed for buildings of wood or other constructions not attached to the freehold, and fixed steam engines and driving gear put up in the last year of the tenancy. Herefordshire. No custom for feeding stuffs or purchased manures. The outgoer has an away-going wheat crop. Customs as to Compensation. 217 Full value allowed for laying down new pasture in Appndx. the last year of the tenancy ; seed and labour of plant- Co^^pensa- ing allowed if laid down in last year but one. Tenants tion by are required to keep and leave in good cultivation the custom, same quantity of hop land as on entry. Hop-poles usually taken at valuation, and can only be removed by outgoer by arrangement. Pollards at maturity, generally nine years' growth, cropped and taken away by the outgoing tenant. The tenant does all the hauling of materials for re- pairs withovit charge, but for hauling for new buildings a charge is allowed. Hertfordshire (West). No allowance for oilcake or other feeding stuffs. Full value allowed for all purchased manures appKed in the last year of the tenancy to root or green crops for consumption on the farm. No allowances are made for durable improvements, as they are seldom executed without a previous arrangement with the landlord's agent. No compensa- tion for permanent improvements. Hnntingdonshire.* Custom allows payment for artificial manures applied to turnips or green crops in the last year. Also one- third of the cost of linseed cake used in the last year. Custom gives payment for claying and also for liming. AUowance^for draining on a live years' scale. Kent. (East.)— An allowance for oilcake is frequently made, but no custom fixes the proportion. Full value allowed for durable and permanent improvements made in the last year, if done by consent, but not otherwise. No custom to fix the proportionate values allowed for durable or permanent improvements made in previous years. 218 Agricultural Holdings {England) Act, 1883. Appndx. Compensa- tion by custom. (The Weald District.) — One-tliird value allowed for guano, bone-dust, and rape cake, applied in the last year of the tenancy to pasture, or to roots, or green, or hay crops for consumption on the farm, or to corn crops, when the straw is for consumption on the farm. One-half value allowed for ashes, nightsoil, or town manure applied in the last year of the tenancy to pasture land. As a rule, all artificial manures are allowed for at one-third the cost and half the carriage ; and lime and farmyard manure at one-half the cost and one-half the carriage. Full value allowed for thorn and wood draining done in the last year of the tenancy; one-fourth annually deducted for such outlay in previous years. Full value allowed for liming arable land, if no crop taken away since ; but if a crop is taken by the out- going tenant, then half is allowed for liming done in the last year, and nothing allowed for liming done in the last year but one. Full value allowed for liming pasture land in the last year ; half value if done in the last year but one. One-third value allowed for manuring With rape cake in the last year. Full value allowed for laying down new pasture in the last year. Full value allowed for hops planted in the last year. " This includes every expense, except the Queen's taxes and tithe, if the tenant leaves the Michaelmas after the hops are planted." Full value allowed for all the hop-poles in use in the last year. Full value for all growing underwood and pollard tops left by the tenant. Full value for tile drainage (whether landlord or tenant finds tiles), if no crop is subsequently taken off. Each crop takes off a third part of the cost. Otherwise one-tenth of the outlay annually deducted. Lancashire (South). The outgoing tenant has half the wheat he has sown, and sells all the hay, straw, and farmyard manure.. Customs as to Compensation. 219' No compensation whatever for purchased feecling stuffs Appndx. and manures. No compensation for any kind of (^^^^j^g^_ durable or permanent improvements. Buildings of tion by wood erected by the tenant can be removed by him ; custom, and the landlord can compel this if put up without his consent. Leicestersliire.* Bones and lime .are allowed for. Compensation by custom is paid for draining on a four or six years' scale. Lincolnshire. One-half of the original value allowed for linseed oilcake, cotton-cake, and rape-cake, consumed in the last year of the tenancy in yards or buildings, or on pasture or arable land. Average annual outlay on oilcake calculated on the last two years. Full value allowed for guano, nitrate of soda, sul- phate of ammonia, nitro-phosphate or blood manure, special concentrated manures, superphosphate of lime, kainit, rape-cake, and soot, applied in the last year of the tenancy to root or green crops for consumption on tbe farm. HaK value for soot so applied in the last year but one. Full value, when the tenant receives the benefit, for seaweed, fish, and other unenumerated fertilizers applied as manure in the last year of the tenancy. Away-going crops allowed for where they exist. Full value for marling and chalking done in the last year ; annual deduction, one-seventh. Full value for claying and liming arable and pasture land, and for boning pastures with undissolved bones done in the last year ; annual deduction, one-fifth. Full value allowed for tile drainage done in the last year ; one- seventh annually deducted for such outlay made in the previous years where the landlord finds the tiles, and one-tenth where the tenant finds the tiles. Guard fencing allowed tor according to value on 220 Agricultural Holdings {England) Act, 1883. Appndx. Compensa- tion by custom. pasture land. Fruit trees planted during the last year of the tenancy allowed for. Buildings of wood or other construction not attached to the freehold, fixed steam engines and driving gear, and trade fixtures, put up during the last year of the tenancy, are the property of the outgoing tenant. (South, Fen and Marsh.) — Allowances for linseed oilcake, cotton-cake, and purchased manures the same as elsewhere in Lincolnshire. Average annual outlay on oilcake calculated on the last three years. Full value allowed for thorn or wood draining, sub- soiling, marling, chalking, claying, and liming arable land, done in the last year of the tenancy ; annual de- duction for outlay in previous years, one-seventh in the case of marling, chalking, and claying, and one-fifth in the case of liming. Full value allowed for tile drainage done in the last year ; proportion annually deducted for such outlay made in previous years, one-fifth where the landlord finds the tiles, and one-seventh where the tenant finds the tiles. Full value allowed for filling up ponds, ditches, and creeks, and making or improving water- courses when done in the last year of the tenancy. Full value allowed for buildings of wood or other con- struction not attached to the freehold, if put up in the last year of the tenancy. Middlesex.* There is no allowance by custom for guano or bones ; and in valuing farmyard manure, no consideration is taken of what cake has been used. No allowance for any durable improvement. Very limited allow- ances for permanent improvements. Monmouthshire.* Payments are being introduced in this county for unexhausted manures, as well as compensation for durable improvements, and for draining and other per- manent improvements. Customs as to Compensation. 221 Norfolk. Appndx. (Marshland District.) — One-third original value al- Coj^IJnsa- lowed for linseed oilcake and cotton-cake consumed tion by in the last year of the tenancy in yards or buildings, custom, or on pasture or arable land. Three-fourths value allowed for thorn or wood draining and for liming arable land done in the last year of the tenancy; one-fourth annually deducted for such outlay made in preA'ious years. Steam engines and driving gear and trade fixtures take at a valuation or removable. In other parts of Norfolk there is no custom for allowances for improvements of any kind. No money is paid by the landlord or incoming tenant for what he does not actually receive for produce and for seeds sown. Northumberland. (Tynedale District.) — The outgoing tenant is owner of the whole crop of corn which his rotation allows him to sow. No established custom of allowances for purchased feeding stufl's or manures, nor for durable improvements; but a custom of allowing for liming, boning, and laying down to grass may be said to be growing up owing to the prevalance of such provisions in agreements. "o'- Nottinghamshire . One-fourth original value allowed for linseed oil- cake and cotton-cake consumed in the last year of the tenancy in yards or buildings, or on arable or pasture land; one-eighth value allowed for same if consumed in the last year but one. Full value allowed for guano, nitrate of soda, sul- phate of ammonia, nitro-phosphate or blood manure, special concentrated manures, bone dust, super- phosphate of lime, ashes, nightsoil, town manure, and rape- cake applied in last year of tenancy to root or green crops for consumption on the farm. 222 Agricultural Holdings {England) Act, 1883. Appndx. ■Compensa- tion by custom. One-tliird value allowed for guano, nitro-pliosphate or blood manure, special concentrated superphosphate of lime, and rape-cake, and two-thirds value for bone dust so applied in the last year but one; one-third value allowed for guano applied in the last year of the tenancy to white corn crop after a root crop or bare fallow when the straw is for consumj)tion on the farm. Full value allowed for claying, liming arable land (when fallow), liming pasture land, boning arable land or pastures with undissolved bones, and manuring fallows with rape-cake, if done in the last year of the tenancy. Proportion annually deducted for such outlay in previous years: claying, one-fifth; liming, one-third; boning arable land, one-fourth; boning j)astiires, one-sixth; manuring with rape-cake, one- third. Seed bill and laljour allowed in full for laying down new pastures in the last year. Full value allowed in tile or stone draining, for labour, and haulage when landlord finds materials ; for labour, haulage, and materials when tenant finds materials; annual deduction for such outlay in previous years, one-sixth. Full value alloAved for filling up ponds, ditches, and creeks, and for stocking and grubbing trees and fences, if done in the last year. Full value for labour and materials in planting quickset fences, for erecting stone or wood fencing, and making roads, if done in the last year; annual deduction for such outlay in previous years, one-third. Iron fencing valued at its worth. Full value for labour and materials in making or improving watercourses, making covered main drains, wells, banks, reservoirs, and irrigation works in the last year of the tenancy; annual deduc- tion, one-sixth. Full value for planting in the last year orchards or gardens, labour, and materials; annual deduction, one-seventh. Full value allowed for build- ings of wood, or other construction not attached to the Customs as to Compensation. 223 freeliold, jiut up in the last year of the tenancy, or Appndx. they may be removed by the tenant. Full value allowed for haulage of material for building done in ^^^^ ^ the last year; annual deduction for such outlay in custom, previous years, oue-tliird. Oxfordshire. The value of all artificial manures applied to the green or fallow crops in the last year of the tenancy is allowed. No allowance for feeding stuffs. No allow- ance for durable or permanent improvements. ■Oxfordshire and Berkshire. (Henley-on-Thames District.) — Full value for guano, ashes, nightsoil and town manure applied in the last year of the tenancy to root or green crops for con- sumjjtion on the farm. Full value for ashes, night- soU, and town manure applied in the last year of the tenancy to pasture land, if no crop has been takeri since the application. All manures used for a root crop in the year of leaving are allowed for if the crop has not been consumed. No allowance if the crop has been consumed by the outgoing tenant. In some parts of Oxfordshire and Berkshire the incoming tenant pays half the amount of the tillages and "^ manures used for a root crop if the outgoing tenant has not grown a corn crop after. Full or half value allowed for challcing and for laying down new pasture in the last year of the tenancy. Full value for boning arable land with un- dissolved bones in the last year of the tenancy if no crop has been taken since. An allowance is made for each year's growth of underwood and pollards after ■ last cutting. ^o* Rutlandshire.* No compensation for manures, nor for artificial foods, except that one-fourth of the oilcake used in 224 Agricultural Holdings {England) Act, 1883. Appndx. ^^ 1^^* ^'^^o years is sometimes allowed for. Bones „ — and lime are allowed for. No compensation by (Jompensa- ^ r i • • ^i ^ • tion by custom lor drainmg or any otner permanent improvo- custom. ment. Shropshire. "No established custom, but allowances for feeding stuffs and artificial manures are gradually creeping into agreements." " Fixtures can be removed by the outgoing tenant if put up by him or purchased from his predecessor, and if not attached to the freehold. It is rather doubtful if law or custom would enable an ofFgoing tenant to remove fixed machinery, but on some large estates the custom is being gradually established." Somersetshire. (North, Brislington.) — No allowances for piirchased feeding stuffs or manures. No compensation for any kind of improvements. Staffordshire. (Wolverhampton District.) — One-third value allowed for linseed oilcake and cotton-cake consumed in the last year of the tenancy in yards or buildings, or on arable or pasture land. One-sixth value for same so consumed in the last year but one. Full value allowed for guano (applied to roots only), special concentrated manures, bone dust, super- phosphate of lime, rape-cake, and soot applied in the last year of the tenancy to root or green crops for con- sumption on the farm. One-third value for same if so applied in the last year but one (in the case of soot if applied to roots only). The tenant takes two-thirds of the fallow wheat. Two-thirds value allowed for liming arable land (any crop) or pasture land in the last year; one-third for liming in the last year but one. Customs as to Compensation. 225 (South). — Two-thirds value allowed for liuseed oil. Appndx. cake and cotton-cake and one-fourth value for other purchased feeding stuffs consumed in the last year of .^^ ^ the tenancy in yards or buildings, or on arable or customs, pasture land. One-third value of linseed oilcake and cotton-cake, and one-eighth value of other purchased feeding stuffs consumed in the last year but one. Purchased feeding stuffs consumed by pigs: last year, one-fourth; last year but one, one-eighth. Two-thirds value allowed for guano, and one-half value for superphosphate of lime applied in the last year of the tenancy to root or green crops for con- sumption on the farm. One-third and one-fourth value respectively for the same so applied in the last year but one. Average annual outlay calculated on the expenditure of two preceding years. If the occu- pation has been for less than four years, one-half the stated allowances are made. For marling (one hundred cubic yards per acre) in the last year, full value; annual deduction for such outlay made in previous years, one-tenth. For liming arable or pasture land, boning with un- dissolved bones, or manuring with rape-cake in the last year, full value; annual deduction, one-fourth, except in the case of boning pastures, where the annual deduction is one-seventh. Allowance is made for laying down new pasture in the last year, the amount depending upon the soil and the method of laying down and top dressing. Full value allowed for tile drainage, labour and haulage, planting quickset hedges, labour and quick (if properly guarded and cleaned) done in the last year; annual deduction on such outlay in previous years, one-tenth. Suffolk (South). No allowances for any kind of improvements. Q 226 Agricultural Holdings {England) Act, 1883. Appndx. Surrey. Cou-ipensa- '^^ allowance for oilcake, &c., but in estimating the tion worth of farmyard manures or foldings of sheep, the customs. valuers make some difference where cake or other feeding stuffs have been used. Full value allowed for guano, nitrate of soda, sul- phate of ammonia, nitro-phosphate or blood manure, special concentrated manures, bone dust, kainit, rape- cake, soot, seaweed, or fish applied in the last year of the tenancy to root crops for consumption on the farm; but it is doubtful if this custom holds good in a Lady Day tenancy. In some cases where half fallows are valued, the manures used in the last year but one are allowed for at full value. No compensation for durable or permanent im- provements. Sussex.* There are allowances for guano and nitrate of soda in the Weald District, Liming is paid for, and in the Weald District there are allowances for liming, rape-cake, rags, &c. No compensation for buildings erected by tenant. Warwickshire.* No allowance for oilcake or for manures, but for bones a payment exists by custom. No permanent improvement allowed for, except draining, wliich is extended over only a short scale of years. Westmoreland.* No allowance for oilcake, but it is usual to allow for bones and guano, if put upon bare fallow for wheat in the last year of the tenancy, the outgoer having received no benefit. Few, if any, durable or permanent improvements for which tenant can claim, though liming in the last year is generally paid for. Customs as to Compensation. 227 Wight, Isle of.* Appndx. Allowances have been, introduced for artificial Compensa- maniires aj^plied to root crops. tion Partial allowances are made for durable improve- customs, ments. Wiltshire. Nothing for oilcake or corn consumed. Half the value of artificial manures, if the crop is consumed oii the land. Full value allowed for chalking and liming arable and pasture land, and laying down new pasture in the last year of the tenancy. There is no custom that will guarantee an outgoing tenant being paid for fixed steam-engines or other erections ; but generally an arrangement is made be- tween the tenant and the agent of the estate previous to the outlay. Buildings of wood, and also fixed steam-engines and driving gear erected by the tenant are removable. (South). — Nothing allowed for cake or corn. Any artificial manures a^^plied to a root croji fed off on the land are allowed one-half, provided the cultivation has been properly performed. (North, Swindon District). — Superphosphates and tillages are allowed for in full, when the root crop is left tor the incoming tenant. When consumed by the outgoing tenant, one-haK the value is allowed. Worcestershire. No allowances for any kind of improvements. Out- going tenant has the wheat crop on one-third of the arable land. Yorkshire. (West Riding, Wakefield District). — One-third value allowed for linseed oilcake and cotton cake consumed Q 2 228 Agricultural Holdings {England) Act, 1883. Appndx. Compensa- tion customs. in the last year of the tenancy in yards or buildings, or on arable or pasture land ; one-fourth value for same consumed in last year but one. One-half value allowed for guano, and bone dust, ashes, mghtsoil, and town manure, applied in the last year to root or green crops for consumption on the farm : one-third value for guano and bone dust so ap- plied in the last year but one. One-half value for guano applied in last year to haj'-crops for consumption on the farm. No regular practice as to number of years' expenditure from which the average annual outlay is calculated : three to five years. One-haK value for liming done in the last year on arable or pasture land ; one-third for liming done in the last year Ijut one. One-half value for boning pastures with undissolved bones in the last year. Full value for laying down new pasture in the last year. Full value for tile drainage, labour and haulage, done in the last year ; annual de- duction, one-fifth, where landlord finds tiles; one- sixth, where tenant finds tiles. Full value for filling up ponds, ditches, &c., in the last year. Full value allowed for buildings of wood, or other construction not attached to the freehold, and for trade fixtures, put up in the last year of the tenancy, (West Kiding, Barnsley District). — For linseed oil- cake and cotton cake consumed in the last year of the tenancy in yards or buildings, or on arable or pasture land, one-fourth value allowed ; in the last year but one, one-eight value. For guano applied in the last year to root or green crops for consumption on the farm, full value allowed (deducting for tw'o-thirds the value of the root crop if drawn oft", and one-half if on the ground) ; for same, if applied in the last year to growing corn or hay crops, where straw and hay is for consumption on the farm, one-third original value ; for same applied to pasture land in the last year, two- thirds original value ; in the last year but one, one- third. For bone dust applied in the last year to root Customs as to Co7npensation. 229 or green crops, or to growing corn or liay crops for Appndx. consumption on the farm, full value allowed ; for same Compensa- applied to growing corn or hay crops in the last year tion but one, two-thirds value. Full value allowed for customs, ashes, nightsoil. or town manure applied to pasture land in the last year ; after one pasturing, two-thirds value ; after two pasturings, one-third. No regular practice as to number of years' expenditure from which the average annual outlay is calculated. For liming arable land or boning it with undissolved bones, two- thirds value allowed after one corn crop, and one-third after two corn crops. For liming pasture land or boning it with undissolved bones, five-sixths value allowed after one pasture, and one-sixth deducted for each of four successive pastures. For tile and stone draining done in the last year, the tenant finding tiles and materials, full value, labour, haulage, and materials ; annual deduction for such outlay in previous years, one-tenth. Full value for filling up ponds, ditches, &c. , in the last year. For re- claiming moorland and peat-bogs, five to ten years' allowances according as the original cost may have been great or only moderate. Ten years' allowance in some cases for erecting stone, wood, or iron fencing. Allow- ance on the ten years' scale for making wells, banks, and reservoirs. For buildings of wood or other construction, not at- tached to the freehold, and trade fixtures, put up in the last year, and for haulage of material for building, full value allowed. (North and West ; Ripon District). — One-third original value for linseed oilcake, cotton cake, and other purchased feeding stuffs (including malt-combs,rape- cake, locust beans, &c.) consumed (by pigs or other- wise) in the last six months of a Lady Day tenancy in yards or buildings, or on arable or pasture land, except vOn land from which an away-going crop is taken. Artificial manures not allowed for on land from 280 Agricultural Holdings {England) Act, 1883. Appndx. Compensa- tion customs. which an away-going crop is taken. Otherwise : one- half original value allowed for guano and bone dust applied in the last year to root or green crops for con- sumption on the farm ; one-fourth if applied in last year but one. One-half value allowed for guano ap- plied in the last year to growing corn or hay crops where the straw or hay is for consumption on the farm ; one-fourth value if applied last year but one. For liming arable land, and boning pastures with un- dissolved bones in the last year, one-half value allowed; in the last year but one, one -fourth. No allowance for either on land from which an away-going crop is taken. For tile drainage done in the last year (provided the drains are cut not less than three feet deep and are in good working order upon the tenant quitting), where the landlord finds tiles, four-fifths value, labour, and haulage, with annual deduction of one-fifth ; where the tenant finds tiles, six-sevenths value, labour, haul- age, and materials, with annual deduction of one- seventh. For erecting buildings of brick, stone, or other material in the last year, where the landlord finds materials, nine-tenths value allowed, with an annual deduction for such outlay in previous years of one- tenth ; for same when the tenant finds materials, nine- teen-twentieths value allowed, with annual deduction of one-twentieth. (North and "West ; Malton District). — Full value allowed for fixed steam-engines, and trade fixtures, put up in the last year of the tenancy ; or they are remov- able by the tenant. Cost price of trees allowed for planting orchards and gardens in the last year. (North and East Riding, York District). — One-third original value allowed for linseed oilcake consumed in, the last year in yards or buildings or on arable or pas- ture land ; for same if consumed in the last year but Customs as to Compensation. 231 one, one-sixtli. The fold-yard manure belongs to the Appndx. outgoing tenant, who is allowed one-third part of the Compensa« arable land for his away-going corn crop. No com- tion pensation for artificial manures, nor for improvements, customs. (East Riding ; Driffield and Beverley).— No com- pensation of any kind allowed, either for feeding stuifs and manures or for improvements. Wales (North). Allowances for feeding-stuflfs or artificial manures are almost unknown. No allowance by custom for durable or permanent improvements. " But in the Isle of Anglesey it has been attempted to establish a custom of tenant-right by tenants erecting houses and buildings, and then claiming either a right for them- selves or their successors to stay upon the farm or to be paid compensation for the improvements." Wales (South). No general customs exist in any county giving compensation for purchased feeding-stuffs and artificial manures. Very few allowances for durable improve- ments : but in Carmarthenshire and Glamorganshire there is an allowance for lime. buildings erected and draining executed by the tenant are paid for in Cardiganshire and West Car- marthenshire only. 232 Agricultural Holdings [England) Act, 1883. Appndx. APPENDIX B. Table For calculating amount of annual instalments for a given number of years to repay ^1 capital and interest at a given rate per cent. Years. 3 per 3^ per 4 per 4^ per 5 per cent. cent. cent. cent. cent. 1 1 •0300 1 -0350 1-0400 1-0450 i^oeoo 2 •5226 •5264 •5302 •5340 •5454 3 •3535 •3569 •3603 •3637 •3741 4 •2690 •2722 •2755 •2787 •2886 5 •2184 •2215 •2246 '2278 •2374 6 •1846 •1876 •1908 •1939 •2034 7 •1605 •1635 •1666 •1697 •1791 8 •1425 •1454 •1485 ■1516 •1610 9 •1284 •1314 •1345 •1375 •1470 10 •1172 •1202 •1233 •1263 •1357 11 •1081 •1111 •1141 •1172 •1268 12 •1005 •1035 •1066 •1096 •1193 13 •0940 •0970 •1001 •1033 •1130 14 •0885 •0915 •0947 •0978 •1076 15 0837 •0868 •0899 •0931 •1030 16 0796 •0827 •0858 •0890 •0990 17 0760 •0790 •0822 •0854 •0954 18 0727 •0758 ■0790 •0822 ■0924 19 0698 •0729 •0761 •0794 •0896 20 0672 •0703 •0736 ■0768 •0872 21 0649 •0680 •0713 ■0746 •0850 22 0627 •0659 •0692 •0^25 •0830 23 0608 •0640 •0673 •0707 •0813 24 0590 •0623 •0656 •0689 •0797 *25 0574 •0607 •0640 •0674 •0782 26 0559 ■0592 •0626 •0660 •0769 27 0546 •0578 •0612 ■0647 •0757 28 0533 •0566 •0600 •0635 •0746 Table of Percentages. Table — continued. 233 Appndx. Years. 3 per 3 k per 4 per 4-2 per 5 per cent. cent. cent. cent. cent. 29 •0521 0554 •0589 •0624 •0736 30 •0510 0544 •0578 .0614 •0726 31 •0500 0534 •05G9 •0604 •0718 32 •0490 0524 •0559 •0595 •0710 33 •0482 0516 •0551 •0587 •0703 34 •0473 0507 •0543 •0579 •0696 35 •0465 0499 •0536 •0572 •0690 36 •0458 0492 •0529 •0566 •0604 37 •0451 0486 ■0522 •05.59 •0598 38 •0445 0479 •0516 •0554 •0593 39 •0438 0474 •0511 •0548 •0588 *40 •0433 0468 •0505 •0543 •0583 41 •0427 0463 •0500 •0538 •0578 42 •0422 •0458 •0495 •0534 •0574 43 •0417 0453 •0491 •0529 •0570 44 •0412 0448 •0487 •0525 •0566 45 ■0408 •0444 •0483 •0522 •0563 46 •0404 •0440 •0479 •0518 •0559 47 •0400 •0436 •0475 •0515 •0556 48 •0396 0433 •0472 •0512 •0553 49 •0392 0429 •0469 •0509 •0550 50 •0389 0426 •0466 •0506 •0548 Example : If a landlord who lias expended ^300 on drainage works desires to charge his tenant with payment of an annual sum for a period of twenty-five years, to repay capital and interest at 3 per cent., we have ^^0574 X 300 = £17^22 = £17 4s. 5d. as the amount of each annual instalment. Or if an owner desires to charge a holding with £550 and interest at 3^ per cent, for a period of forty years, the annual instalments payable out of the land will be £•0468 X 550 = £25^74 = £25 14s. lOd. APPENDIX— STATUTES. AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1875. 38 & 39 Vict. Cap. 92. An Act for amending the Law relating to Agricultural Holdings in England. [13tli August, 1875.] Appndx. Bk it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temjjoral, and Commons, in this present Parliament assembled, and by authority of the same, as follows : Statutes. Short title. Com- mence- ment of Act. Extent of Act. Interpre- tation Preliminary. 1. This Act may be cited as The Agricultural Holdings (England) Act, 1875. 2. This Act shall commence from and immediately after the fourteenth day of February one thousand eight hundred and seventy-six, 3. This Act shall not extend to Scotland or Ireland. 4. In this Act — " Contract of tenancy " means a letting of land for a term, of years, or for lives, or for lives and years, or from year to year, or at will : " Determination of tenancy " means the cesser of a con- tract of tenancy by reason of effluxion of time, or from any other cause : " Landlord " means the person for the time being en- titled to the possession of land subject to a contract of tenancy, or entitled to receipt of rent reserved by a 38 ^f 39 Vicl. Cap. 92. 235. contract of tenancy, whatever be the extent of liis A^ppndx.. interest, and althougli the land or his interest therein — is incumbered or charged by himself or his settlor, or otherwise, to any extent ; the party to a contract of tenancy under which land is actually occupied being alone deemed to be the landlord in relation to the actual occupier : " Tenant " means the holder of land under a contract of tenancy : "Landlord" or "tenant" includes the agent authorized in writing to act under this Act generally, or for any special purpose, and the executors, administrators, assigns, husband, guardian, committee of the estate, • or trustees in bankruptcy, of a landlord or tenant : " Holding " includes all land held by the same tenant of the same landlord for the same term under the same contract of tenancy : "Absolute owner " means the owner or person capable of disposing, by appointment or otherwise, of the fee simple or whole interest of or in freehold, copyhold, or leasehold land, although the laud or Ms interest therein is mortgaged, encumbered, or charged to any extent : "County court," in relation to a holding, means the county court within the district Avhereof the holding or the larger part thereof is situate : " Person " includes a body of persons and a corporation aggregate or sole. The designations of landlord and tenant shall, for the purposes of this Act, continue to apply to the parties to a contract of tenancy until the conclusion of any proceed- ings taken under this Act on the determination of the tenancy. Compensation. 5. Where, after the commencement of this Act, a tenant Tenant's executes on his holding an improvement comprised in either ^^^^^ *° of the three classes following : ^j^j^^ •236 Agricultural Holdings {England) Act, ]875. Appndx. statutes. First Class. 'Drainage of land. ^Making or improving of ^Erection or enlargement of water - courses, ponds, buildings. wells, or reservoirs, or Laying down of permanent of works for supply of pasture. water for agricultural or Making and planting of domestic purposes. osier beds. Making of fences. faking of water meadows Planting of hops. or works of irrigation. Planting of orchards. Making of gardens. Jleclaiming of waste land. Making or improving of Warping of land. roads or bridges. Second Class. Boning of land with dissolved bones. Chalking of land. Clay burning. un- Claying of land. Liming of land. Marling of land. Third Class. Application to land of purchased artificial or other purchased ma- nure. Consumption on the hold- ing by cattle, sheep, or pigs of cake or other feeding stuff not pro- duced on the holding — he shall be entitled, subject; to the provisions of this Act, to obtain, on the determination of the tenancy, compensa- tion in respect of the improvement. 38 ^ 39 Vict. Cap. 92. 237 6. An improvement shall not in any case be deemed, for Appndx, the purposes of this Act, to continue unexhausted beyond g, ■ , the respective times following after the year of tenancy in which the outlay thereon is made : which im- Where the improvement is of the first class, the end of provement twenty years : exhausted. Where it is of the second class, the end of seven years : Where it is of the third class, the end of two years. 7. The amount of the tenant's compensation in respect Amount of of an improvement of the first class shall, subject to the tenant s provisions of this Act, be the sum laid out by the tenant ^Jq,-, j^ on the improvement, with a deduction of a proportionate first class, part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the improvement continues imexhausted ; but so that where the landlord was not, at the time of the consent given to the execution of the improvement, absolute owner of the holding for his own benefit, the amount of compensation shall not exceed a capital sum fairly representing the addition which the improvement, as far as it continues un- exhausted at the determination of the tenancy, then makes to the letting value of the holding. 8. The amount of the tenant's compensation in respect Amount of of an improvement of the second class shall, subject to the tenant's provisions of this Act, be the sum properly laid out by the ^"q'^^^j^"*'^' tenant on the improvement, with a deduction of a pro- second portionate part thereof for each year while the tenancy class, endures after the year of tenancy in which the outlay is made and while the improvement continues unexhausted. 9. The amount of the tenant's compensation in respect Amount of of an improvement of the third class shall, subject to the tenant's provisions of this Act, be such proportion of the sum f[|j'^^j^"^^' properly laid out by the tenant on the improvement as ^i^j^^j ^.i^gg fairly represents the value thereof at the determination of the tenancy to the incoming tenant. 238 Agricultural Holdings [England] Act, 1875. Appndx. 10. The tenant shall not lie entitled to compensation in respect of an improvement of the first class, unless he has executed it with the previous consent in writing of the landlord. Statutes. Consent of landlord for first class. Deduction in first class for want of repair, &c. Notice to landlord for second class. Exclusion of com- pensation in third class after exhausting crop. Exclusion of com- pensation for con- sumption of cake, &c., in certain -cases. Restric- tions as to third <;lass. 11. In the ascertainment of the amount of the tenant's compensation in respect of an improvement of the first class, there shall be taken into account, in reduction there- of, any sum reasonably necessary to be expended for the purpose of putting the same into tenantable repair or good condition. 13. The tenant shall not be entitled to compensation in respect of an improvement of the second class, unless not more than forty -two and not less than seven days before beginning to execute it, he has given to the landlord notice in writing of his intention to do so, nor where it is executed after the tenant has given or received notice to quit, unless it is executed with the previous consent in writing of the landlord. 13. The tenant shall not be entitled to compensation in respect of an improvement of the third class, where, after the execution thereof, there has been taken from the portion of the holding on which the same was executed, a crop of corn, potatoes, hay, or seed, or any other exhausting crop. 14. The tenant shall not be entitled to compensation in respect of an improvement of the third class, consisting in the consumption of cake or other feeding stuff, where, under the custom of the country or an agreement, he is en- titled to and claims payment from the landlord or incoming tenant in respect of the additional value given by that con- sumption to the manure left on the holding at the deter- mination of the tenancy. 15. In the ascertainment of the amount of compensation in respect of an improvement of the third class, — (1.) There shall not be taken into account any larger outlay during the last year of the tenancy than the 38 ^r 39 Vict. Cap. 92. 239 average amount of the tenant's outlay for like purposes Appndx. during the three next preceding years of the tenancy, g, , 77" or other less numher of years for which the tenancy has endured ; and, ^2.) There shall be deducted the value of the manure that would have been produced by the consumption on the holding of any hay, straw, roots, or green crops sold off the holding within 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 manure to the holding has been made in respect of such produce sold off. 16. The amount of the tenant's compensation shall be Deductions subject to the following deductions : ^e°iiltbu (1.) For taxes, rates, and tithe-rentcharge due or becom- £qj. taxes ing due in respect of the holding to which the tenant rent, &c. is liable as between him and the landlord : (2.) For rent due or becoming due in respect of the holding : (3.) For the landlord's compensation under this Act. 17. In the ascertainment of the amount of the tenant's Set-off of ■compensation there shall be taken into account in reduc- ^enefit to tion thereof any benefit which the landlord has given or allowed to the tenant in consideration of the tenant exe- cuting the improvement. '18. "Where a landlord commits a breach of covenant or Tenant's other agreement connected with the contract of tenancy, compensa- and the tenant claims under this Act compensation in ij,.„„(>y, ^f respect of an improvement, then the tenant shall be entitled covenant. to obtain, on the deterndnation of the tenancy, compensa- tion in respect of the breach, subject and according to the provisions of this Act. 19. Where a tenant commits or permits waste, or com- Landlord's mits a breach of a covenant or other agreement connected ^^^^^ *° with the contract of tenancy, and the tenant claims com- + i^n^^"^^^' pensation under this Act in respect of an improvement 240 Agricultural Holdings {England) Act, 1875. Appndx. Statutes. then tlie landlord shall be entitled, by counter-claim, but not otherwise, to obtain, on the determination of the tenancy, compensation in respect of the waste or breach, subject and according to the provisions of this Act. But nothing in this section shall enable a landlord to obtain under this Act compensation in respect of waste or a breach committed or permitted in relation to a matter of husbandry more than four years before the determination of the tenancy. Notice of intended claim. Compensa- tion agreed or settled by reference. Appoint- ment of referee or referees and um- pire. Procedure. 20. Notwithstanding anything in this Act, a tenant shall not be entitled to compensation under this Act unless one month at least before the determination of the tenancy he gives notice in writing to the landlord of his intention to make a claim for compensation under this Act. Where a tenant gives such a notice the landlord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter-notice in writing to the tenant of his intention to make a claim for compensation under this Act. Every such notice and counter-notice shall state, as far as reasonably may be, the particulars of the intended claim. 21. The landlord and the tenant may agree on the amount and mode and time of payment of compensation to be paid to the tenant or to the landlord under this Act. If in any case they do not so agree the difference shall be settled by a reference. 22. Where there is a reference under this Act, a referee, or two referees and an umpire, shall be appointed as follows : (1.) If the parties concur, there may be a single referee appointed by them jointly : (2.) If before award the single referee dies or becomes incapable of acting, or for seven days after notice from 38 ^ 39 Vict. Cap. 92. 241 the parties, or either of them, requiring him to act, Appndx. fails to act, the proceedings shall begin afresh, as if no c.'T'. reieree had been appointed : (3.) If the parties do not concur in the appointment of a single referee, each of them shall appoint a referee : (4.) If before award one of two referees dies or 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 ajjpoint another referee : (5.) Notice of every appointment of a referee by either party shall be given to the other party : (6.) If for fourteen days after notice by one party to the other to appoint a referee, or another referee, the other party fails to do so, then, on the application of the party giving notice, the county court shall within four- teen days appoint a comjDetent and impartial person to be a referee : (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 acting, the referees shall appoint another umpire : (9.) If for seven days after request from either party the referees fail to a2:)point an umpire, or another umpire, then, on the application of aither party, the county court shall within fourteen days appoint a competent and impartial person to be the umpire : (10.) Every appointment, notice, and request under this section shall be in writing. "'O* 23. Provided, that where two referees are appointed, Requisi- an umpire may be appointed as follows : t'oii for ap- (1.) If either party, on appointing a referee, requires, by P^i^t^^fnt notice in writing to the other, that the umpire shall i^^ inclo- be appointed by the Inclosure Commissioners for sure Corn- England and Wales, then the umpire, and any sue- missioners, cessor to him, shall be appointed, on the application ' of either party, by those Commissioners : K 24.2 Agricultural Holdings {England) Act, 1875. Appndx. (2.) In every other case, if either party, on appointing a Statutes. 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 ajiplication of either party, be so appointed, and in case of such dissent, the umpire, and any successor to him, shall be appointed, on the appli- cation of either party, by the Inclosure Commissioners for England and Wales. Exercise of 24. The powers of the county court under this Act, rela- powers of tive to the appointment of a referee or iimpire shall be exercisable by the judge of the court having jurisdiction, whether he is without or within his district, and may, by consent of the parties, be exercised by the registrar of the court. Mode of 25. The delivery to a referee of his appointment shall submission -^^ deemed a submission to a reference by the jjarty de- livering it ; and neither party shall have power to revoke a submission, or the appointment of a referee, without the consent of the other. county -court. ence. Power for referee, &c., to re- quire pro- duction of docu- ments, ad- Biinister oaths, &c. 26. The referee or referees, or umpire may call for the pro- duction of any sample, or voucher or other document, or other evidence which is in the possession or power of either party, or which either party can produce, and which to the referee or referees or umpire seems necessary for deter- mination of the matters referred, and may take the exami- nation of the parties and witnesses on oath, and may administer oaths and take aflBrmations ; and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury. Power to 27. The referee or referees or umpire may proceed in the proceed in absence of either party where the same appears to him or absence. ^j^gm expedient, after notice given to the parties. Form of 28. The award shall be in writing, signed by the referee award. or referees or umpire. 38 §• 39 Vict. Cap. 92. 243 29. A single referee shall make his award ready for de- Appndx. livery witliin twenty-eight days after his appointment. S'-"t~t Two referees shall make their award ready for delivery „. - within twenty-eight days after the appointment of the last a,ward of ajipointed of them, or within such extended time (if any) referee or as they from time to time jointly fix by writing under their referees, 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. 30. Where two referees are appointed and act, if they Reference fail to make their award ready for delivery within the time *» and aforesaid, then, on the expiration of that time, their autho- ^^^i;*! "J rity shall cease, and thereupon the matters refei-red to them shall stand referred to the umpire. The nmpire shall make his award ready for delivery 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 appoints, on the application of the umpire or of either party, made before the expiration of the time appointed by or extended imder this section. 31. The award shall find and state the time at which Duration each improvement, in respect whereof compensation is ofimprove- awarded, is taken, for the purposes of the award, to be ex- f^^^V^ hausted. 32. The award shall not award a sum generally for com- Award to pensation, but shall, as far as reasonably may be, specify — S'"'*'^ parti- The several improvements, acts, and things in respect ^"^^'^^ whereof compensation is awai'ded ; The time at which each thereof was executed, committed, or permitted ; In the case of an improvement of the first class, where the landlord was not at the time of the consent given to the execution thereof absolute owner of the holding for his own benefit, the extent to wliich the improve- ment adds to the letting value of the holding ; r2 244 Agricultural Holdings {England) Act, 1875. Appndx. statutes. Costs of reference. Day for payment. Submis- The sum awarded in respect of each improvement, act^ or thing ; and The sum laid out by the tenant on each improvement. 33. The costs of and attending the reference, including the remuneration of the referee or referees and umpire, where the umpire has been required to act, and including 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 un- reasonableness of the claim of eitlier party in respect of amount, or otherwise, and to all the circumstances of the case. The award may direct the payment of the whole 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. 34. The award shall fix a day, not sooner than one month after the delivery of the award, for the payment of money awarded for compensation, costs, or otherwise. 35. A submission or award shall not be made a rule of sion not to gj^y court, or be removable by any process into any court,, and an award shall not be questioned otherwise than as pro- vided by this Act. be remov able, &c. Appeal to county court. 36. "\^Tiere the sum claimed for compensation exceeds Mty pounds, either party may, within seven days after de- livery of the award, appeal against it to the judge of the county court on all or any of the following grounds : 1. That the award is invalid ; 2. That compensation has been awarded for improve- ments, acts, or things, breaches of covenants or agree- ments, or for committing or permitting waste, in respect of which the party claiming Avas not entitled to com- pensation. 3. That compensation has not been awarded for improve- ments, acts, or things, breaches of covenants or agree- 38 ^ 39 Vict. Cap. 92. 245 nients, or for committing or permitting waste, in respect Appndx. of which the party claiming was entitled to compeusa- c).")~f. tion ; and the judge shall hear and determine the appeal, and may, in his discretion, remit the case to be reheard as to the whole or any part thereof by the referee or referees or umpii'e, 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 county court on appeal shall be final, save that the judge shall, at the request of either party, state a sj)ecial 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 connected therewith, shall be final, and tlie judge of the county court shall act thereon. 37. Where any money agreed or awarded or ordered on Recovery appeal to be paid for compensation, costs, or otherwise, is of compen- not paid within fourteen days after the time when it is ^io^- agreed or awarded or ordered to be paid, it shall be recover- able, upon order made by the judge of the county court, as money ordered by a county court under its ordinary juris- diction to be paid is recoverable. 38. Where a landlord or tenant is an infant without a Appoint- _guardian, or is of unsound mind, not so found by inquisi- ment of tion, the county court on the application of any person in- ^^^^^ '^"' terested, may appoint a guardian of the infant or person of unsound mind for the purposes of this Act, and may change the guardian if and as occasion requires. 39. The county court may appoint a person to act as the Provisions next friend of a married woman for the purposes of this Act, respecting and may remove or change that next friend if and as occa- ^^I'l'i^a women, sion requires. A married woman entitled for her separate use, and not restrained from anticipation, shall, for the purposes of this Act, be in respect of land as if she was i;nmarried. Where any other married woman is desirous of doing any 246 Agricultural Holdings [England) Act, 1875. Appndx. Statutes. Costs in coimty court. act under this Act, her hvisb.ind's concurrence shall be re- quisite, and she shall be examined apart from him by the county court, or hy the judge of the county court for the place where she for the time being is, touching her know- ledge of the nature and effect of the intended act, and it shall be ascertained that she is acting freely and voluntarily. 40. 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 prescribe a scale of costs for those proceedings, and of costs to be taxed by the registrar of the court. Service of 41. Any notice, request, demand, or other instrument notice, &c. mider this Act may be served on the person to whom it is to be given, either personally or by leaving 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. Power for landlord, on paying compensa- tion, to obtain charge. CJiarge of Tenant's Compensation. " 42. A landlord, on paying to the tenant the amount of . compensation due to him i;nder this Act, may obtain from the county court a charge on the holding in respect thereof. The court shall have power, on proof of the payment, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, to make an order charging the holding with repayment of the amount paid, or any part thereof, with such interest, and by such instalments, and with such directions for giving effect to the charge, as the court thinks fit. But, where the landlord obtaining the charge is not abso- lute owner of the holding for his own benefit, no instalment 38 c^- 39 Vict. Cap. 92. 247 or interest shall be made payable after the time when the Appndx. improvement in respect whereof compensation is paid will, statute^! for the purposes of this Act, be taken to be exhausted. The instalments and interest shall be charged in favour of the landlord, his executors, administrators, and assigns. 43. Any company now or hereafter incorporated by Par- Advance liament, and having power to advance money for the im- ™'ide by a provement of land, may take an assignment of any charge ^*^™P^^y made by a county court under the provisions of this Act, improve- upon such terms and conditions as may be agreed upon be- ment of tween such company and the person entitled to such charge; ^'"^ V»X nO 00& 5'««C « ■ Demy, No. I. Agreement for Letting Furnished "^Prjce 3d. each, Lodgings J 2/6perdoz. ,, 2. Agreement for Yearly Letting of a House „ ,, 3. ,, by a Leaseholder for Letting House, &c., for years certain ,, „ 4. Agreement by Freeholder for Letting and (on request) to grant a Lease of a House for more than 3 years - - „ „ 5. Agreement by Leaseholder for Letting and (on request) to grant a Lease of a House, &c., for more than 3 years - „ „ 6. Agreement by a Freeholder for Letting and (on request) to grant^a Lease of a Farm for more than 3 years - - Price 6d. ,, 7. Lease of a Farm, not excluding the x '^'^^^^^' ° \ Hand-Made, Agricultural Holdings Acts, 1883, &cj Price 1/-. PRINTED ON GOOD STRONG PAPER. SHAW AND SONS, FETTER LANE AND CRANE COURT, LONDON, E.C. STOCK OF PAPERS, Headed and Ruled Red Lines with Feint. FOOLSCAP. This Indenture, Memoranum of Agree- ment. Inventory and Valuation. Valuation-. Inventory. Report, Survey, & Valua- tion. 3/- per quire. Followers 2/6 per quire. DEMY. This Indenture. Memorandum of Agree- ment. Inventory and Valuation. Valuation. 4/- per quire. Followers 3/6 per quire. List of Prices of some of ll/tessr's'. Shaw & Sons' well-known Papers and Envelopes Draft Papers, Quarto, 5/6, 6/6, 8/6 per Ream. Do. do. Folio (960 Half Sheets). 10/-, 12/6, 16/6 per Ream. Ruled Foolscaps for Abstracts, Bills of Costs, &c., 18/6 to 26/6 per Ream. Large Note, Blue or Cream Laid, or Wove, from 3/9 to 11/6 per Ream. Letter Paper, Blue or Cream, from 7/6 to 21/6 per Ream. . 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