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15-
16.
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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 :
<ii.) the tenant must first pay all rent owing,
and satisfy all obligations to the land-
lord :
(iii.) must avoid damage in removal :
(iv.) must make good all damage done by
removal :
(v.) must give the landlord one morith^s pre-
vious notice in writing of his intention
to remove them :
(vi.) the landlord may elect to purchase them,
in which case they shall be valued by
referees on the basis of fair value to an
incoming tenant, and must then be left
on the holding.
The chief improvement effected by this section
upon the provisions of the Act of 1875 in respect
of fixtures is, that it is no longer necessary, as it
was under that Act, for the tenant to give notice
xlii Agricultural Holdings [England) Act, 1883.
Summary to the landlord of his intention to erect steam-
machinery, and the landlord has no longer the
power to object to its erection.
Distress.
Distress Qne o£ the most important provisions of this
one year's Act is that which reduces the landlord's right to
Sect. 34. distrain for six years^ rent in arrear to one year's
Existing rent. Existing arrears may, however, still be dis-
trained for until 1st January, 1885.
Hanging "Where there is a custom for the tenant to pay
gale. ^ •'
the rent at the subsequent quarter-day, or at the
expiration of half a year after it became due, the
year within which the landlord may distrain will
begin to run from the customary gale day, and
not from the day on which the rent became
legally due.
Things Several classes of things have either by statute
privileged ,.,....
from dis- or by judicial decision from time to time become
Sect 45 privileged from distress, either absolutely or con-
ditionally upon there being other sufficient distress
Machinery, upon the premises. This Act grants an absolute
privilege to all machinery bona fide the property
of a third person which is on the premises of the
tenant under a bona fide agreement with him for
the use or hire thereof in the conduct of his
Introduction and Summary. xliii
Tjusiness ; and to live stock of all kinds, wliicli is Summary
the bona fide property of a third person, and is on Live stock
for breed-
the holding solely for breeding purposes. ing pur-
T 1 c T T • n poses.
It also exempts from distress, conditionally on ,
there being other sufficient distress upon the pre stock.
mises, all live stock belonging to a stranger which ^^^^'
has been taken in to be fed at a fair price agreed
upon with the owner of such stock ; when there is
no other sufficient distress, the landlord may dis-
train such agisted stock, but only for a sum not
exceeding the price agreed upon to be paid by the
owner to the tenant, or if any part of such
price has been paid, then for a sum not exceeding
what remains unpaid. If the whole price has
been paid in advance, the agisted stock is abso-
lutely privileged.
By the old rule of law there was no set-off Set-off
against
against rent so as to prevent the landlord from rent.
distraining for arrears. This Act provides
that if the landlord exercises his right to
distrain within six months after the deter-
mination of a lease, then, if any compensa-
tion due to the tenant has been ascertained before
such distress is levied, the amount of such com-
pensation may be set-off against the rent due,
and the landlord may distrain only for the balance.
As, however, the landlord may distrain the day
after the tenancy determines or the rent becomes
xliv Agricultural Holdings [England) Act, 1883.
Summary due^ and the compensation cannot be assessed for
some days at least after such determination, it is
always in the landlord's power to render this pro-
vision nugatory.
.Costs of The costs of a distress where the rent due does
Sect. 49. not exceed £20 are regulated by 57 Geo. 3, c. 93,
but where the rent due exceeded £20, the only rule
hitherto has been that the costs must be fair and
reasonable.
This Act provides that where the rent due and
demanded exceeds £20, no more costs shall be
2nd Sche- payable than those enumerated in the Second
Schedule.
Extension Great loss was often experienced by a tenant
of time to
replevy, when his goods were distrained for arrears of rent
^^ ' ' by reason of their being sold at the expiration of
the short period of five days, and at an un-
frequented farm-house. To remedy this, the
landlord, at the written request of the tenant or
owner of the goods distrained, and on security
being given for the extra costs occasioned, is now
bound to withhold the sale for fifteen days (unless
the tenant or owner subsequently consents to a sale
Removal at an earlier date), and to remove the goods at the
toautSn expense of the person requesting it, to an auction
room. room or some other fit and proper place specified in
Sect. 50. IT- r,
such request. By this means publicity can be
given to the sale, and better prices obtained for
the goods sold.
Introduction and Summary. xlv
Provision is also made to avoid the incon- Summary
venience arising from the rapacity or misconduct Bailiffs.
in Sect. 52.
of bailiffs by enacting that no person shall act as
a bailiff to levy a distress on a holding to which
the Act applies unless he has been authorized to
act as a bailiff by a certificate in writing under the
hand of a judge of a county court. And all judges
of county courts are required, before the 31st
December, 1883, and afterwards as occasion may
require, to appoint a competent number of fit
persons to act as such bailiffs. Misconduct by a
bailiff so appointed will be punished by the sum-
mary cancellation of his certificate.
Jurisdiction is given to the magistrates in petty Remedy
sessions as well as to the county courts to settle ^^^\ distress
any dispute arising as to a distress being levied ^^^^^ ^^^^
contrary to the provisions of this Act, or as to the gg^t ^q
ownership of any live stock distrained, or as to
the price to be paid for the feeding of such stock.
Anybody aggrieved by an order of the magis-
trates may, on giving security, appeal to quarter
sessions ; and presumably any person aggrieved
by an order of the county court may appeal as at
present to the High Court ; but no order is to be
quashed for want of form or to be removed by
certiorari into a superior court.
xlvi
Agricultural Holdings {England) Act, 1883.
Summary
Bishops,
Sect. 38.
Incum-
bents.
Sect. 39.
Married
women.
Sect. 2Q.
Provisions affecting Particular Persons.
An arclibishop or bishop may not exercise any
of the powers by this Act conferred on a land-
lord in respect of the lands assigned as the endow-
ment of his see, without the previous approval in
writing of the Estates Committee of the Ecclesi-
astical Commissioners ; nor may any incumbent of
a benefice do so in respect of the glebe, without the
previous approval either of the patron of the bene-
fice or of the Governors of Queen Anne^s Boun4;y.
A woman married before the 1st January, 1883,
entitled for her separate use to land, to which her
title accrued before that date, but restrained from
anticipation, must, if desirous of doing any act
under this Act in respect of land, obtain her hus-
band's concurrence and be examined apart from
him by the county court touching her knowledge
of the nature and effect of the intended act. As
to what constitutes "an act under this Act in
respect of land,'' see note to section 26.
38&39
Vict. c. 92,
Sect. 62.
Comparison between Acts o/1875 and 1883.
The Agricultural Holdings Act, 1875, is re-
pealed by this Act, but that repeal does not
affect pending proceedings or the right to fixtures
affixed before 1st January, 1884, or any right to
compensation in respect of improvements on a
Tntrodudion and Summary. xlvii
holding to wliicli that Act applies, whether exe- Summary
cuted before the 1st January, 1884, or at any
time before the determination of the tenancy,
where it is a tenancy current at that date.
Notwithstanding this repeal it may be interesting
in conclusion to notice the most important points
in which the Acts of 1875 and 1883 differ.
1. The Act of 1875 was purely permissive.
The Act of 1883 is compulsory as regards
compensation in respect of the ordinary
tena it's improvements, insisting upon " fair
and reasonable" compensation, or else com-
pensation under the Act.
2. The Act of 1875 laid down as the basis of
valuation of improvements, the original out-
lay of the tenant. This was an easy standard
but did not fully compensate the tenant.
The Act of 1883 lays down as the basis of
valuation " the fair value of the improve-
ment to an incoming tenant, less what is
justly due to the inherent capabilities of
the soil/' a standard of the purest equity,
but in certain cases absolutely unworkable.
3. The Act of 1875 made the previous consent
of the landlord necessary for drainage. The
Act of 1883 allows the tenant to execute
drainage improvements after giving notice of
his intention to do so to the landlord.
xlviii Agricultural Holdings {England) Act, 1883.
Summary 4_ r^]^^ ^^.^ ^f ^375 required previous notice to
be given to the landlord for boning, chalk-
ing, clay-burning, claying, liming, and marl-
ing of land. The Act of 1883 requires no
such notice.
5. The Act of 1883 contains a new provision
by which the landlord is prohibited from dis- ■
training for more than one year's rent in
arrear.
6. The Act of 1883 entirely exempts from dis-
tress machinery which is the property of a
stranger, and is on the holding under an
agreement with the tenant for hire or use in
his business, and live stock belonging to a
stranger, which is there solely for breeding
purposes, and conditionally exempts from
distress all agisted live stock.
7. The Act of 1875 only sanctioned the re-
moval by the tenant of a fixed steam engine,
provided that previous to its erection the
tenant had given notice to the landlord of
his intention to erect it, and empowered the
landlord to object to its erection. The Act
of 1883 has swept away such restrictions.
8. The Act of 1875 allowed a landlord to ex-
clude the operation of the section requiring a
year's notice to quit, by merely giving notice
Introduction and Summary. xlix
to tlie tenant. The Act of 1883 requires a Summary
"written agreement by both parties to ex-
clude it.
9. The Act of 1883 is retrospective in giving
compensation to tenants for the ordinary-
tenants' improvements executed within ten
years before the commencement of the Act,
if they are not otherwise entitled to com-
pensation for them.
10. The Act of 1875 applied only to agricultural
holdings of not less than two acres. The
Act of 1883 applies to all agricultural hold-
ings, irrespective of size, and to market
gardens.
No doubt endeavours will be made to evade or
minimise the operation of this Act ; in many
cases, probably, such endeavours will be success-
ful. But one thing the tenant has gained, which
he will be foolish to give up, that is, a fair com-
pensation for most of the improvements which
tenants ordinarily make. A tenant may get along
with an old barn or with bad roads. It might be
a great convenience to have a new barn and good
roads, but his income will not suffei* much by
keeping to the old state of things ; but he must
lime his sour clays and manure his fields before
sowing for crops. For these necessary improve-
ments he is now secure of obtaining fair
d
I
1 Agricultural Holdings {England) Act, 1883.
Summary compensation in case they are unexhausted when
he quits his holding. If he is weak enough to
contract with his landlord, so as to deprive him-
self of this security, he deserves no help from
the legislature; but a locus poenitentia is still
offered him. If he repent quickly, before getting
whatever benefit might accrue to him under such
contract, a court of equity will set the contract
aside ; but it would be rash to imagine that
equity will allow a tenant to sleep over his
imagined wrongs, and then assist him out of the
diflEiculties into which his folly has led him.
AGRrCULTURAL HOLDINGS (ENGLAND)
ACT, 1883.
46 & 47 Vict. Cap. 61.
AN ACT for amending the Law relating to
Agricultural Holdings in England.
[25tli August, 1883.]
B
E it enacted by tlie Queen^s most Excellent
Majesty, by and with the advice and "Con-
sent o£ the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled,
and by the authority of the same, as follows :
PART I.
Improvements.
Compensation for Improvements.
1, Subject as in this Act mentioned, where a Sect. 1,
tenant [a) has made on his holding [b) any im- General
provement (<?) comprised in the First Schedule t^'j^ant to
hereto, he shall, on and after the commencement compensa-
of this Act [d), be entitled on quitting his hold-
ing (e) at the determination of a tenancy (/) [g)
2
Agricultural Holdings {England) Act, 1883.
Sect. 1. to obtain from the landlord {h) as compensation
under this Act [i) for such improvement such
sum as fairly represents the value of the im-
provement to an incoming tenant [k) : Provided
always {I), that in estimating the value of any
improvement in the First Schedule hereto there
shall not be taken into account as part of the im-
provement made by the tenant what is justly due
to the inherent capabilities of the soil.
(ffl) A TENANT
Means the liolder of land under a landlord for a term
of years, or for lives, or for lives and years, or from
year to year : and includes the executors, administra-
tors, assigns, legatee, devisee, or next of kin, husband,
guardian, committee of the estate or trustees in bank-
mptcy of a tenant, or any person deriving title from a
tenant : and the right to receive compensation in
respect of any improvement made by a tenant enures
to the benefit of such executors, administrators, assigns,
and other persons as aforesaid (section 61).
(5) Holding
Is any parcel of land held by a tenant (section 61).
This Act does not apply to any holding unless it is
situated in England or Wales (section 64), and is either
wholly agricultural or wholly pastoral, or in part agri-
cultural, and as to the residue pastoral, or in whole or
in part cultivated as a market garden ; nor does the
Act apply to any holding let a tenant during his con-
tinuance in any office, appointment, or employment
held irnder the landlord (section 54).
(f) Any improvement.
A tenant is not entitled to compensation for im-
proving his holding merely by good cultivation
- 46 ^^ 47 Vict, Cap. 61. »
{Adams v. Dunseath, 10 L. R. Ir. C. L. 119); tlie Sectl.
improvement must be one of those enumerated in the Note.
First Schedule.
(d) The commencement op this act.
The 1st January, 1884 (section 53).
(c) He shall be entitled on quitting his holding.
The improvements need not have been made by the
tenant actually quitting the holding in order to entitle
him to compensation. If made by a sub-tenant, the
sub-tenant will, at the determination of his tenancy, be
entitled to obtan compensation from his immediate
landlord, who in his turn will, on quitting the holding
at the expiration of his term, be entitled to recover
compensation for the same from the superior landlord,
provided that he has complied with all the provisions
of the Act (see note to section 42). But if the tenant
has assigned his term, the assignee will be entitled to
obtain compensation from the original lessor, and it is
immaterial whether the improvements were made by
the original lessee or by the assignee of the lease. If
the tenancy determines and is renewed, the tenant is
not entitled to any compensation until he finally quits
the holding, but he is then entitled to compensation
for unexhausted improvements made diuing the
original tenancy (section 58).
(/) At the determination of a tenancy.
A determination of a tenancy means the cesser of a
contract of tenancy by reason of effluxion of time or
from any other cause (section 61), and therefore in-
cludes determination by forfeiture and re-entry, or
ejectment pursuant to some proviso or condition in
the lease for breach of covenant, &c. ; though in that
case the amount of compensation may be reduced
by deducting the damage for breach of covenant
(section 6).
((/) A tenancy.
The Act applies only to tenancies for terms of years.
i Agricultural Holdings {England) Act, 1883.
Sect. 1. or for lives, or for lives and years, or from year to
jTT year (section 61). Tenants -at -will or tenants on
sufferance have no claim to compensation.
Ql) To OBTAIN FROM THE LANDLORD.
The landlord is the person for the time being en-
titled to receive the rents and profits of any holding
(section 61), i.e., to receive them from the tenant
claiming compensation ; and the landlord who is
bound to pay compensation is the immediate rever-
sioner, whether he has an absolute or only a limited
interest in the holding (section 42). Where, however,
the person entitled as landlord to receive the rents
and profits of any holding is so entitled as trustee, or
in any character otherwise than for his own benefit,
the amount of compensation cannot be recovered
personally from such landlord, but the tenant may
obtain a charge on the holding for the amount (sectioii
31). In Crown and Duchy lands the landlord who
has to make the payment is the person or persons
appointed by sections 35, 36, 37. If the landlord is
incumbent of an ecclesiastical benefice, and the holding
is glebe land or other land belonging to the benefice,
the Governors of Queen Anne's Bounty may pay the
compensation and obtain a charge on the holding
(section 39).
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 determines by the death or cesser of the estate of
any landlord entitled for his life, or for any other un-
certain interest, the tenant continues to hold and
occupy such farm or lands until the expiration of the
then current year of his tenancy, at which time his
tenancy determines without notice to quit. As no
obligation to compensate the tenant for improvements
arises until the tenant quits his holding upon the
determination of his tenancy, and the obligation then
lies upon the person for the time being entitled to
46 ^f 47 Vict. Cap. 61. i
receive the rents and profits, tlie wliole of tlie com- Sect. 1.
pensation miist in such a case be paid by tlie succeed- ^Z~7
ing landlord.
In the case of a legal mortgage, sometimes the
mortgagor, and sometimes the mortgagee, will answer
to the definition of " landlord," and be liable to pay
the compensation.
Where the lease has been granted by the mortgagor
before the' mortgage, the tenant may safely pay his
rent to the mortgagor until he receives notice of the
mortgage and is requested to pay his rent to the
mortgagee (4 Anne, c. 16, s. 10 ; Cooh v. Moylan,
1 Exch. 67; 5 D. & L. 101; Tmii v. Himt, 9 Exch. 14).
As the tenant in such cases may safely pay the rent to
the mortgagor, the mortgagor is " entitled for the time
being to receive the rents and profits," and is, there-
fore, the landlord. (See Jud. Act, 1873, s. 25, sub.-
sect. (5).)
But the mortgagee, upon giving notice to the tenant
of his mortgage, and requesting the rent to be paid
to him, becomes entitled to all arrears of rent
which became due after the nxortgage, and which
then remain unpaid, and also to all subsequent rent.
{Moss V. Gallimore, 1 Doug. 279 ; 1 Smith, L. C. 627
(8th Ed.); Pope v. Biggs, 9 B. & C. 245; Rogers v-
Humphreys, 4 A. & E. 299.) After notice, therefore,
to the tenant of the mortgage, and request to pay rent
to him, the mortgagee, being " entitled for the time
being to receive the rents and profits," falls within the
definition of " landlord " for the purposes of this Act,
and will be liable to pay the compensation.
Where a lease is granted of lands already in mort-
" gage, if the mortgagor auel mortgagee concur in the
lease, the "landlord" is the person to whom the tenant
is bound by the covenants of his lease to pay the rent
for the time being, usually the mortgagor until notice
by the mortgagee to pay it to him.
Where the mortgage deed expressly provides that
S Agricultural Holdings {England) Act, 1883.
Sect. 1. the mortgagor may grant leases, then, of course, the
jj , mortgagor is " the landlord " for the purposes of this
Act. But if there is no such express power given to
the mortgagor, and lie nevertheless grants a lease
without the concurrence of the mortgagee, the tenant,
though a trespasser as regards the mortgagee, and
liable to be ejected by Mm at any time {Keech v.
Hall, 1 Doug. 21), is estopped from disputing the
mortgagor's right to demise (TFebb v. Austin, 7
M. & G. 701; ATorton v. JVoods, L. R. 3 Q. B. 658; 37
L. J. Q. B, 242). The mortgagor, therefore, in such,
a case would for the purposes of this Act be "the
landlord." The mortgagee, however, may give notice
to the tenant of the mortgage, and demand that the
rent be paid to him; and if the tenant acquiesces, and
attorns to him, the mortgagee will thereupon become
, " the landlord " for the purposes of this Act. But if
the tenant refuses to pay the rent to the mortgagee,
the mortgagee cannot sue or distrain for it, he can only
eject the tenant. {Rogers v. Humphreys, 4 A. & E. 299 ;
Evans v. Elliot, 9 A. & E. 342 ; Hickman v. Machin,
4 H. & N. 716 ; Woodfall, L. & T. 48, 49 (11th Ed.) ).
And as he is not entitled to recover the rent by action
from the tenant, the mortgagor, who is so entitled,
remains " the landlord " for the purposes of this Act.
A mortgagor in possession is in general a tenant on
sufferance to the mortgagee {Gihbs v. Criiikshank, L. R.
8 C. P. 454; 42 L. J. C. P. 273), and a tenant on suffer-
ance is not entitled to compensation under this Act
(section 61). But where there is an attornment-clause
in the mortgage deed, and the mortgagor thereby agrees
to become tenant from year to year to the mortgagee,
and pay rent instead of interest, there is a " contract of
tenancy" between the parties, whereby the mortgagor
becomes a yearly tenant of the mortgagee {West v,
Fritche, 3 Exch. 216 ; Morton v. Woods, supra), and if
the mortgagee ejects the mortgagor, or by any means
determines the tenancy and causes the mortgagor to quit
46^47 Vict. Cap. 61. :
the mortgaged premises, there is nothing in this Act to Sect. 1.
prevent the mortgagor from claiming compensation -v"!"
under this Act as "a tenant quitting his holding on the
determination of a tenancy."
i(t) Compensation under this act.
When the improvements executed by the tenant are
any of those comprised in the First Schedule, the Act
distingiiishes between the forms of compensation, viz.,
" compensation under the Act " and " compensation au-
thorized by the Act to be substituted for compensation
under the Act." The latter kind includes the com-
pensation that may be agreed between landlord and
tenant to be paid for improvements comprised in the
First Schedule, Part I. (section 3), or for drainage
(section 4), the "fair and reasonable" compensation
agreed to be paid for improvements mentioned in the
First Schedule, Part III. (section 5), and, in the case of
tenancies current at the commencement of the Act, any
compensation to which a tenant is entitled for an im-
provement in the First Schedule under any agreement
in writing, custom, or the Agricultural Holdings Act,
1875. In all other cases where the provisions of the
Act have been complied vnth, and no agreement as to
the amount of compensation payable has been arrived
at between the landlord and tenant, the compensation
is "compensation under the Act," and the amount must
be ascertained and recovered by the means provided
by the Act (sections 6-28).
{k) Such sum as fairly represents the value of
THE IMPROVEMENT TO AN INCOMING TENANT.
The value of the improvement to an incoming
tenant, and not, as in the Act of 1875, the outlay by
the outgoing tenant, is the basis of valuation which
must be adopted ; in the majority of cases, no doubt,
the result of a valuation on one system would be the
same, or nearly the same, as on the other, yet it
must be borne in mind that the amount of com-
8 Agricultural Holdings {England) Act, 1883.
Sect. 1. pensation payable is not limited to the amount o
.^~ tlie tenant's outlay. If the tenant makes a judicious
outlay and so creates something of a greater value
than the actual sum spent, he is entitled to reaj)
advantage from his skill. Or if he has executed an
improvement the full value of which is not realized
until some time after he has quitted the holding, as
planting orchards, making osier beds, laying down
permanent pasture, &c., or if the cost of materials
used in the improvement is higher at the time of quit-
ting the holding than at the time of executing the
improvement, the tenant may be entitled to an amount
of compensation exceeding the prime cost of the im-
provement. On the other hand, if the outlay was
improvident, or the intended improvement turns out
to be of less actual value than was anticipated, then as
the standard prescribed by this section, is the value of
the improvement to an incoming tenant, the compen-
sation payable may be much less than the prime cost
of the improvement. Where the incoming tenant
carries on a different kind of business fi'om that carried
on by the outgoing tenant, as, for instance, if a market
gardener takes a holding quitted by a cattle dealer,
the improvements executed by the outgoing tenant may
be of little or no value to the incomer ; but it is sub-
mitted that compensation must in all cases be assessed
on the basis of the incoming tenant carrying on the
same kind of business as the outgoing tenant.
(/) Peovided always, etc.
This proviso, which is likely to cause considerable
practical difficulty to valuers, is due to the interpretation
piit in the case of Adams v. Dunseath (10 L. R. Ir. C. L.
119) upon the word " improvements " in section 8, sub-
sect. 9 of the Land Law (Ireland) Act, 1881 (44 & 45 Vict,
c. 49), which provides that : " No rent shall be allowed
or made payable in any proceedings under this Act in
respect of improvements made by the tenant or his-
46 &; 4,7 Vict. Cap. 61. i:
predecessors in title, and for which, in the opinion of Sect. 1.
the court, the tenant or liis predecessors in title shall Not^.
not have been paid or otherwise compensated by the
landlord or his predecessors in title." In giving judg-
ment to the eflect that improvements effected upon
land by good husbandry were not such improvements
as were protected by this section. Law, L. C, said :
" We must interpret the word ' improvements ' as
meaning simply suitable and ameliorative works exe-
cuted or done upon the holding. Being suitable and
ameliorative, they of course increase its letting value ;
but the works are one thing and the increased letting
value another. The works executed by the tenant are
wholly his, and are to be completely protected and
secured against confiscation, whether by imposition of
rent on them or otherwise. But so far as these works
may have brought out latent powers and capacities of
the land, and so increased its letting value, that in-
creased value does not necessarily belong to the tenant.
I say necessarily, because whilst there are many cases
in which the increased yearly value would be no more
than a fair return for the tenant's outlay in effecting
the improvements, as in the case of permanent build-
ings, and in many kinds of reclamation, there may still
be cases in which the increase of yearly value is so
greatly in excess of the most liberal allowance to the
tenant in res^ject of his improvement works that the
landlord, in the ascertainment of a fair rent, is justly
entitled to have some share of that increased yearly
value."
As to the practical application of this proviso, see
post, Chapter on Valuation.
10 AyricuUural Holdings [England) Act, 1883.
As to Improvements executed before the Com-
mencement of Act.
Sect. 2. 2. Compensation under this Act shall not be
iiestric- payable in respect o£ improvements executed
improve- before the commencement of this Act, with the
fore Act"" exceptions following, that—
(1.) Where a tenant has within ten years be-
fore the commencement of this Act made an
improvement mentioned in the third part of
the First Schedule hereto_, and he is not en-
titled under any contract, or custom, or under
38&39 the Agricultural Holdings (England) Act,
1875, to compensation in respect of such
improvement; or
(2.) Where a tenant has executed an improve-
ment mentioned in the first or second part of
the said First Schedule within ten years
previous to the commencement of this Act,
and he is not entitled under any contract, or
custom, or under the Agricultural Holdings
(England) Act, 1875, to compensation in
respect of such improvement, and the land-
lord within one year after the commencement
of this Act declares in writing his consent to
the making of such improvement, then such
tenant on quitting his holding at the deter-
mination of a tenancy after the commence-
ment of this Act may claim compensation
under this Act in respect of such improve-
46^47 Vict. Cap. CI. 11
ment in the same maimer as if this Act had Sect. 2.
been in force at the time of the execution of
such improvement.
The effect of this section, which applies only to
tenancies current at the commencement of the Act, is
as follows: if a tenant has executed an improvement
in the First Schedule before the 1st January, 1884,
for which he is entitled to compensation under a con-
tract, custom, or the Act of 1875, he can get no com-
pensation under this Act; but he may rely on the
contract, custom, or Act of 1875 as though this Act
had not passed. If he is not entitled to compensation
under any contract, custom, or the Act of 1875, and
the improvement was executed within 10 years before
the 1st January, 1884, he may obtain compensation
for it under this Act as though this Act had been in
force at the time such improvement was made; pro-
vided that if it is an improvement mentioned in the
first or second parts of the First Schedule, he will not
be entitled to compensation unless before the 1st
January, 1885, he obtains from the landlord a written
declai-ation of his consent to the making of such
improvement.
The consent of the landlord under tliis section must
be in his own handwriting, or at all events signed by
the landlord himself. The signature of his agent will
not be sufficient ; inasmuch as section 3 expressly au-
thorizes the agent to give the written consent required
by that section, and therefore impliedly forbids it in all
other similar cases. {Sivift v. Jewsbury, L. R, 9 Q. B.
301 ; where it was laid down that when an Act of
Parliament in some of its sections declares that the
signature of an agent shall, for the j)urposes of those
sections, have the same force as the signature of the
principal, then for the purposes of other sections where
there is no such declaration, the signature of the
principal himself is requisite.)
12 Agricultural Holdings (England) Act, 1883.
Sect. 2, For the various customs of the country allowing
j^~T~ Gompensation for unexliausted improvements, see the
epitome of the Report of the Committee appointed by
the Council of the Associated Chambers of Agriculture^
1874 {fost, Appendix A).
For the Agricultural Holdings (England) Act, 1875,
see -post, Statutes. That Act is repealed by this Act
(section 62), but the same section (sub-section (6) ) pro-
vides that such repeal shall not affect any right to com-
pensation in respect of improvements to which the Act
of 1875 applies, and which were executed before the
commencement of this Act. If, therefore, a tenant of
a holding to which that Act applied has failed to
become entitled to compensation under that Act through
non-observance of its. provisions, he cannot obtain the
benefit of this section.
For forms of application for landlord's consent and
of consent by the landlord under this section, see jiostj
Forms 1 and 2.
As to Improvements executed after the Commence-
ment of Act.
Consent of Q . Compensation under this Act shall not be
landlord as _
to improve, payable in respect of any improvement mentioned
First Sche- ^^ ^^^ ^^^^ P^^'*' ^^ ^^ First Schedule hereto, and
dule. Part executed after the commencement of this Act,
unless the landlord, or his agent duly authorized
in that behalf, has, previously to the execution of
the improvement and after the passing of this Act,
consented in writing to the making of such im-
provement, and any such consent may be given by
the landlord unconditionally, or upon such terms
as to compensation, or otherwise, as may be agreed
46 ^ 47 Vict. Cap. 61. 13
upon between tlie landlord and the tenant, and in Sect. 3.
the event of any agreement being made between
the landlord and the tenant, any compensation
payable thereunder shall be deemed to be substi-
tuted for compensation under this Act.
Most of the improvements for which a g»ater
amount of comjjensation than the tenant's actual out-
lay may be payable are comprised in Part I. of the
First Schedule, viz., planting osier-beds and orchards,
making gardens, laying down permanent pasture, &c.
It is therefore always in the power of the landlord
under this section to stipulate that the amount of
compensation payable for such improvements shall
not exceed the actual outlay. "When the amount of
compensation is agreed between the landlord and
tenant under this section (or under sections 4 and 5)
and the tenant makes a further claim for compensation
in respect of other improvements, so that a reference is
necessary to ascertain the amount of compensation
payable for such other improvements, the amount of
compensation agreed upon under this section (or under
sections 4, 5) must, if possible, be included in the
award (section 17). But if no such further claim is
made, the compensation payable under the agreement
is recoverable by action, and not by a reference under
this Act, which is only authorized where the compen-
sation claimed is " compensation under this Act " (sec-
tion 8).
If the referees improperly apply, or omit properly
to apply, the special provisions of this section, an
appeal will lie against their award on that ground
(section 23).
For form of authority to landlord's agent, see post,
Form 3; of application for landlord's consent. Form 4;
of consent by landlord or agent, Form 5 ; of agreement as
to execution of improvement under this section, Form 6.
14 Agricultural Holdings {England) Act, 1883.
Sect. 3, (") After the passing of this act,
— ' Viz., the 25th day of August, 1883. Although the
landlord's consent may be givei;i at any time after the
passing of the Act, the tenant will not be entitled to
compensation under this section for an improvement
made by him before the 1st January, 1884, as the
operation of t^e section is expressly limited to improve-
ments executed after the commencement of the Act.
To become entitled to compensation for an improve-
ment executed before the 1st January, 1884, the land-
lord's consent being given after August 23, 1883, but
before the commencement of the Act, the tenant must
within one year after the commencement of the Act
obtain a further consent from the landlord under
section 2. If, however, the landlord at the time of
giving his consent (before the 1st January, 1884),
agrees to pay specific compensation for the improve-
ment, such agreement is provided for by the first clause
of section 5, and no further consent is necessary.
Notice to 4. Compensation under this Act shall not be
landlord <is . n • • i
to im- payable m respect of any improvement mentioned
Fii°rh™t° ^^ ^^^ second part of the First Schedule hereto.
Schedule, and executed after the commencement of this
Part II.
Act, unless the tenant has, not more than three
months [a) and not less than two months before
beginning to execute such improvement, given to
the landlord, or his agent duly authorized in that
behalf, notice {b) in writing of his intention so to
do, and of the manner in which he proposes to do the
intended work, and upon such notice being given,
the landlord and tenant may agree on the terms
as to compensation or otherwise on which the
improvement is to be executed, and in the event
46 ^- 47 Vict. Cap. 61. 15
of any such agreement being made, any compeu- Sect/'4.
sation payable thereunder shall be deemed to be
substituted for compensation under this Act, or
the landlord may, unless the notice of the tenant is
previously withdrawn (c), undertake to execute the
improvement himself, and may execute the same
in any reasonable and proper manner which he
thinks fit, and charge the tenant {d) with a sum
not exceeding five pounds per centum per annum
on the outlay incurred in executing the improve-
ment, or not exceeding such annual sum payable
for a period of twenty-five years as will repay
such outlay in the said period, with interest at
the rate of three per centum per annum, such
annual sum to be recoverable as rent {e). In
default of any such agreement or undertaking,
and also in the event of the landlord failing to
comply with his undertaking within a reasonable
time, the tenant may execute the improvement
himself, and shall in respect thereof be entitled
to compensation under this Act.
The landlord and tenant may, if they think fit,
dispense with any notice (/) under this section,
and come to an agreement in a lease or otherwise
between themselves in the same manner and of
the same validity as if such notice had been
given.
This section deals entirely witli drainage, wliicli is
the only improvement mentioned in the second part
16 Agricultural Holdings [England) Act, \S2>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 a<?reement, and to inchade such amount in .^77
" ' Note.
the award. Where an agreement is made under
sections 3 or 4, it is probable that the compensation
agreed upon will be calculated upon a certain scale of
annual deductions for exhaustion of the improvement.
In such case the referees or umpire would merely
have to make the necessary calculation according to
the terms of the agreement and award the amount so
found to be payable, or if a specific sum were provided
as compensation in the agreement, then such specific
sum.
In the case of an agreement under the second clause
of section 5 they would have no power to decide
whether the compensation secured by the agreement
was fair and reasonable. Their power is limited by
this section to ascertaining the amount of such com-
pensation " as is to be deemed to be substituted for
compensation under this Act." They must therefore
calculate the amount of compensation in a manner
consistent with the terms of the agreement, and not
upon the basis of the value of the improvements to
the incoming tenant. (See note to s. 5, ante.) If the
compensation provided by the agreement cannot, in
the opinion of the referees, be ascertained by them
consistently with the terms of the agreement, as, for
instance, where the agreement provides that a special
person shall assess it, the referees must leave it out of
their award altogether, and recourse must, if necessary,
be had to a court of law to enforce the agreement.
If an award is made and delivered awarding the
tenant compensation in accordance with the terms of
the agreement, an appeal to the county court will lie
against the award on any of the grounds mentioned in
section 23, but not on the ground that the compensa-
tion ought to have been assessed so as to be " fair and
reasonable," instead of in pursuance of the agreement,
that not being one of the grounds of appeal mentioned
£
50 Agricultural Holdings [England) Act, 1883.
Sect. 17. in section 23. If none of the other grounds of appeal
•j^~^ exist the award will therefore he final, so that if the
tenant desires to set aside an agreement made in pur-
suance of section 5 as not being " fair and reasonable,"
the application should be made to a court of equity
before any reference is entered upon.
(a) When necessary.
As the award must under section 19 specify (so far
as possible) each several improvement in respect of
which compensation is awarded as well as the sum
awarded for each improvement, it would always be
easy, though there is nothing in the Act to make
it ever necessary, to distinguish the compensation
awarded in pursuance of an agreement from the com-
pensation awarded under the Act.
(6) Appeal.
For time and grounds of appeal see section 23.
Reference 18. Where two referees are appointed and
award by ^■ct, if they fail to make their award ready for
umpire. delivery within the time aforesaid, then, on the
expiration of that time, their authority shall
cease, and thereupon the matters referred to them
shall stand referred to the umpire.
The umpire 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
46 ^ 47 Vict. Cap. 61. 51
■expiration of the time appointed by or extended Sect. 18.
ainder this section.
It is not always necessay for the umpire to delay
entering upon the reference until the time allotted to
the referees for making their award has expired. He
may, if called upon, proceed at once with the reference
as soon as the referees declare their disagreement, and
his award will be valid. If, however, the referees
subsequently agree and make their award within the
forty-nine days limited by section 16, the umpire's
award (if previously made) is thereby rendered null.
{Smailes v. Wright, 3 M. & S. 559.) In most compen-
sation cases, indeed, the appointment uf referees is a
mere formality. They appoint an umpire and agree
at once to differ respecting the award. Each referee
then acts in the reference as chief witness or advocate
for the party who appointed him, and time and money
is thus saved.
An award made after the expiration of the time
appointed by or extended under this section is void.
{Eva7i3 V. Lancashire and Yorkshire Railway Company,
1 E. & B. 754.)
Although the provision in this section for extension
of time by the registrar of the county court upon the
application of the umpire or of either party is identical
with that contained in section 30 of the Agricultiu-al
Holdings Act, 1875, no rule has been hitherto made
to provide for the manner of making such application.
It is submitted, however, that it may be made ex parte .
after notice in writing to both parties, if made by the
umpire, or on summons to the other party if made by
one of the parties.
1 9 . The award shall not award a sum gene- Award to
give par-
Tally for compensation^ but shall^ so far as pos- ticulars.
sible, specify —
E 2
62 Agricultural Holdings {England) Act, 1883.
Sect. 19, (a.) The several improvements, acts, and things
in respect whereof compensation is awarded,
and the several matters and things taken
into account under the provisions of this
Act in reduction or augmentation of such
compensation ;
{b.) The time at which each improvement, act,
or thing was executed, done, committed, or
permitted ;
(c.) The sum awarded in respect of each im-
provement, act, matter, and thing ; and
((?.) Where the landlord desires to charge hi&
estate with the amount of compensation
found due to the tenant, the time at which,
for the purposes of such charge, each im-
provement, act, or thing in respect of which
compensation is awarded is to be deemed to
be exhausted.
As the words of tliis section are imperative, an
award which does not comply with the directions
therein contained would be invalid if appealed against
by either party, and might be sent back by the judge
of the county court to be amended (section 23). But
if not appealed against within the seven days limited
by section 23, it becomes final, and it -would be too
late for either party to object to its form upon an
application to the judge under section 24 for an order
for payment of the money awarded as compensation.
The matters for which compensation is awarded and
the matters taken into account under section 6 in
reduction or augmentation of the compensation must
/
46 ^ 4>7 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. ^^^^' <li^posal, or enfranchisement of any of the posses-
sions of the said Duchy shall be applied in the pay-
ment of the expenses on the part of the Duke of
Cornwall of or relating to such sale, disposal, or en-
franchisement, and in payment of the purchase-moneys
of any manors, lordships, advowsons, messuages, lands,
mines, minerals, tenements, hereditaments, rents, pen-
sions, annuities, rights of common or mining, or other
charges or rights to be purchased under the authority
of this Act, and in payment of the expenses in or re-
lating to such purchases, or in the redemption of land-
tax chargeable upon or affecting any of the possessions .
for the time being of the Duchy of Cornwall, and the
expenses attending the same ; and all contracts for
such redemiition may be entered into by the Lord
Warden for tlie time being of the stannaries in Corn-
wall and Devon, or such other person as the Duke of
Cornwall shall or may, by sign manual, warrant, or
otherwise nominate or depute for that purpose ; and
any part of such gross sums of money may be from
time to time advanced and applied for the purpose of
permanently improving the possessions for the time
being of the Duchy of Cornwall, by inclosure or by
erecting buildings or executing drainage or other works
thereon : Provided ahvays, that all sums so to be ad-
vanced for improvements shall be a charge upon and
be repaid from the revenues of the said Duchy to the
account of the Duchy of Cornwall at the Bank of
England by annual instalments of not less than one-
thirtieth paTt thereof in every year, and it shall be the
duty of the Receiver-General of the Duchy of Corn-
wall and he is hereby required to see that such annual
instalments are paid accordingly; and such annual in-
I stalments shall be applicable in like manner as if the
same had been sums of mon ej arising by sales of jaarts
of the possessions of the Duchy for gross sums under
the powers of sale hereinbefore contained: Provided
46 ^ 47 Vict. Cap. 61. 107
always, that the amount advanced for improvements Sect. 37.
as aforesaid, and not repaid, shall not at any one time ^^
exceed the sum of ,£30,000.
Ecclesiastical and Charity Lands.
38. Where lands are assigned or secured as Landlord,
the endowment of a see, the powers by this Act bishop, or
conferred on a landlord («) shall not be exercised ^^ °^'
by the archbishop or bishop, in respect of those
lands, except with the previous approval in
writing of the Estates Committee of the Ecclesi-
astical Commissioners for England. ^
The endowment of sees is now regulated by 23 & 24
Vict. c. 124, by sections 2 and 3 of which it is provided
that the lands of each see shall vest in the Ecclesias-
tical Commissioners at the next avoidance, and that as
spon as they became vested in the commissioners, such
of them as shall in the judgment of the Estates Com-
mittee be sufficient shall be assigned to the archbishop
or bishop of each see as an endowment. The super-
vision of the lands so assigned is vested in the Estates
Committee of the Ecclesiastical Commissioners, which
is to see that they are kept in proper condition. By
section 10 it is provided that : —
" It shall be lawful for the Estates Committee, upon
the application of any archbishop or bishop, to under-
dertake or authorize any works of permanent improve-
ment which such committee may think advisable, on
any land assigned by way of endowment to such arch-
bishop or bishop, and the Ecclesiastical Commissioners
may advance out of the common fund the money which
may be required for the purjjose of such works, and
the money so advanced shall be repaid, with such
interest and at such times, and until repaid shall be
charged on such of the land as may be agreed i;pon by
108 Agricultural Holdings [England) Act, 1883.
Sect. 38. '■>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; ^'"^<i'
and such company may assign any charge so acquired by
them to any person or persons whomsoever.
44. The sum charged by the order of a county court Duration
under this Act shall be a charge on the holding for the of charge.',
landlord's interest therein, and for all interests therein sub-
sequent to that of the landlord ; but so that the charge shall
not extend beyond the landlord's interest where the land-
lord is himself a tenant of the holding.
o*
lands.
Grown and Duchy Lands.
45. This Act shall extend and apply to land belonging Applica-
to Her Majesty the Queen, her heirs and successors, in tioii of Act
right of the Crown. to ^rown
"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 oiScer
or body having charge of such land for the time being, or
in case there is no such ofl&cer or body, then such person as
Her Majesty, her heirs or successors, may appoint in writing
under the Royal Sign Manual, shall represent Her Majesty
her heirs and successors, and shall be deemed to be the
landlord.
Any compensation payable under this Act by the Com-
missioners of Her Majesty's Woods, Forests, and Land
Revenues, or either of them, in respect of an improvement
of the first class, shall be deemed to be payable in respect
248 Agricultural Holdings {England) Act, 1875.
Appndx. of an improvement of land within section one of the Crown
Statutes I"'^"*^^^ Act, 1866, and the amount thereof shall be charged
and re^iaid as in that section provided with respect to the
costs, charges, and expenses therein mentioned.
Any compensation payable under this Act by those Com-
missioners or either of them, in respect of an improvement
of the second class, or of the third class, shall be deemed to
be part of the expenses of the management of the Land
Revenues of the Crown, and shall be payable by those Com-
missioners out of such money and in such manner as the
last-mentioned expenses are by law payable.
Applica- 46. This Act shall extend and apply to land belonging to
of Act to jjgj. Majesty, her heirs and successors, in right of the Duch y
land of n r ,
Duchy of «^ Lancaster.
Lancaster. With respect to such land, for the purposes of this Act,
the Chancellor for the time being of the Duchy shall repre-
sent Her Majesty, her heirs and successors, and shall be
deemed to be the landlord.
The amount of any compensation payable under this
Act by the Chancellor of the Duchy in respect of an im-
provement of the first class shall be deemed to be an ex-
pense incurred in improvement of land belonging to Her
Majesty, her heirs or successors, in right of the Duchy,
within section twenty-five of the Act of the fifty-seventh
year of King George the Third, chapter ninety-seven, and
shall be raised and jjaid as in that section provided with
resi^ect to the expenses therein mentioned.
The amount of any compensation payable under this Act
by the Chancellor of the Duchy in respect of an improve-
ment of the second class or of the third class shall be paid
out of the annual revenues of the Duchy.
The amount of any compensation payable under this Act
to the Chancellor of the Duchy shall be paid into the hands
of the Eeceiver General of the revenues of the Duchy, or of
his sufficient deputy or deputies ; and receipts shall be
given by him or them for the same ; and the same shall be
applied as purchase money for land sold under The Duchy
38 Sr 39 Vict. Cap. 92. 249
of Lancaster Lands Act, 1855, is applicable under section Appndx.
two of that Act. Sta^tes.
47. This Act shall extend and apply to land belonging to Applica-
the Duchy of Cornwall. tion of Act
With respect to such land, for the purposes of this Act, ^ 'I" *^
such person as the Duke of Cornwall for the time being, or Cornwall,
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 the landlord, and may do
any act or thing under this Act which a landlord is autho-
rized 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 of the first class, shall be deemed to be
payable in respect of an improvement of laud within section
eight of The Duchy of Cornwall Management Act, 1863,
and the amount thereof may be advanced and paid from the
money mentio'ned in that section, subject to the provision
therein made for repayment of sums advanced for improve-
ments.
Ecclesiastical and Charity Lands.
48. Where lands are assigned or secured as the endow- Landlord,
ment of a see, the powers by this Act conferred on a land- aych-
lord shall not be exercised by the archbishop or bishop, in ,1*, °P' °^
respect of those lands, except with the previous approval in
■writing of the Estates Committee of the Ecclesiastical
Commissioners for England.
49. Where a landlord is incumbent of an ecclesiastical Landlord
benefice, the powers by this Act conferred on a landlord incumbent
shall not be exercised by him in respect of the glebe land g^^
or other laud belonging to the benefice, except with the
previous approval in writing of the Governors of Queen
Anne's Bounty (that is, the Governors of the Bounty of
250
Agricultural Holdings [England] Act, 1875.
Appndx
Statutes
Landlord,
charity-
trustees,
&c.
Time of
notice to
quit.
Resump-
tion of
possession
Queen Anne for tlie Augmentation of the Maintenance of
the Poor Clergy).
In every such case the Governors of Qixeen _ Anne's
Bounty may, if they think fit, on behalf of the incumbent,
out of any money in their hands, pay to the tenant the
amount of compensation due to him under this Act; and
thereupon they may, instead of the incumbent, obtain
from the county court a charge on the holding, in respect
thereof, in favour of themselves.
Every such charge shall be effectual, notwithstanding
any change of the incumbent.
The Governors of Queen Anne's Bounty, before granting
their approval in any case under this section, shall give
notice of the application for their approval to the patron of
the benefice (that is, the person, ofiicer, or authority who,
in case the benefice were then vacant, would be entitled to
present thereto).
50. The powers by this Act conferred on a landlord
shall not be exercised by trustees for ecclesiastical or
charitable purposes except with the pre\"ious approval in
writing of the Charity Commissioners for England and
Wales.
Notice to quit.
51. Where a half-year's notice, expiring with a year of
tenancy, is by law necessary and sufficient for determina-
tion of a tenancy from year to year, a year's notice so
expiring shall by virtue of this Act be necessary and suffi-
cient for the same; but nothing in this section shall extend ■
to a case where the tenant is adjudged bankrupt, or has
filed a petition for a composition or arrangement with his
creditors.
Resumption for Improvements.
52. Where on a tenancy from year to year a notice to
quit is given by the landlord with a view to the use of
land for any of the following purposes, —
38 ^f 39 Vict. Cap. 92. 251
The erection of farm labourers' cottages or other houses, Appndx.
with or without gardens; «fV~f
TU e providing of gardens for existing farm labourers,
cottages or other houses; , '»
The allotment for labourers of land for gardens or other
purposes;
The planting of trees;
The opening or working of any coal, ironstone, lime-
stone, or other mineral, or of a stone quarry, clay,
sand, or gravel pit, or the construction of any works
or buildings to be used in connection therewith;
The obtaining of brick earth, gravel, or sand;
The making of a watercourse or reservoir;
The making of any road, 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 the provisions of this Act respecting
compensation shall apply as on determination of a tenancy
in respect of an entire holding.
The tenant shall also be entitled to a proportionate
reduction of rent in respect of the land comprised in the
notice to quit, and in respect of any depreciation of the
value to him of the residue of the holding, caused by the
withdrawal of that land from the holding or by the use to .
be made thereof; and the amount of that reduction shall
be ascertained by agreement or settled by a reference
under this Act, as in case of compensation (but without
appeal).
The tenant shall further be entitled, at any time Avitlun
twenty-eight days after 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.
252 AgricnUaral Holdings [England) Act, 1875.
Appndx. Fixtures.
Statutes. 53_ Where after tlie commencement of this Act a tenant
Tenant s affixes to his holding any engine, machinery, or other
in fixtures ^^'^^^^ ^^^ which he is not nnder this Act or otherwise
machinery, entitled to compensation, and which is not so affixed in
.Ac. pursuance of some obligation in that behalf or instead
of some fixture belonging to the landlord, then such
fixture shall be the property of and be removable by the
tenant :
Provided as follows: —
1. Before the removal of any fixture the tenant shall pay
all rent owing by him, and shall perform or satisfy all
other his obligations to the landlord in respect of the
holding :
2. In the removal of any fixture the tenant shall not do
any avoidable damage to any building or other part of
the holding:
3. Immediately after the removal of any fixture the
tenant shall make good all damage occasioned to
any building or other part of the holding by the
removal:
4. The tenant shall not remove any fixtures without
giving one month's previous notice in writing to
the landlord of the intention of the tenant to re-
move it:
5. At any time before the exjsiration of the notice of
removal, the landlord, by notice in writing given by
him to the tenant, may elect to purchase any fixture
comprised in the notice of removal, and any fixture
thus elected to be purchased shall be left by the
tenant, and shall become the property of the landlord,
who shall pay the tenant the fair value thereof to an
incoming 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) :
38 ^ 39 Vict. Cap. 92. 25S
But nothing in this section shall apply to a steam engine Appndx.
erected by the tenant if, before erecting it, the tenant has ~"
not given to the landlord notice in writing of his intention
to do so, or if the landlord, by notice in writing given to
the tenant, has objected to the erection thereof.
General Application of Act.
5L Nothing in this Act shall prevent a landlord and No restrict
tenant, or intending landlord and tenant, from entering lo^oi^
' „ , 1 contract,
into and carrying into effect any such agreement as they
think fit, or shall interfere with the operation thereof.
55. A landlord and tenant, whether the landlord is Adoption
absolute owner of the holdincr for his own benefit or not, ^^ parts of
may, in any agreement in writing relating to the holding, ^ ,
adopt by reference any of the provisions of this Act
respecting procedure or any other matter, without adopting
all the provisions of this Act ; and any provision so
adopted shall have effect in connection with the agreement
accordingly.
But where, at the time of the making of the agreement,
the landlord is not absolute owner of the holding for his
own benefit, no charge shall be made on the holding, under
this Act, by virtue of the agreement, greater than or diffe-
rent in nature or duration from the charge which might
have been made thereon, imder this Act, in the absence of
the agreement.
56. This Act shall apply to every contract of tenancy Applica-
beginning after the commencement of this Act, unless, in ^^°°- °^
any case, the landlord and tenant agree in writing, in the £^1 ^
contract of tenancy, or otherwise, that this Act, or any tenancies,
part or provision of this Act, shall not apply to the con-
tract; and, in that case, this Act, or the part or provision
thereof to which that agreement refers (as the case may be),
shall not apply to the contract.
254
Ayncultural Holdings [England] Act, 1875.
Statutes.
Applica-
tion of
Act to
existing
tenancies.
Appndx. 57. In any case of a contract of tenancy from year to
year or at will, current at tlie commencement of this Act,
this Act shall not apply to the contract, if within two
months after the commencement of this Act the landlord
or the tenant gives notice in writing to the other to the
effect that he (the person giving the notice) desires that the
existing contract of tenancy between them shall remain
unaffected by this Act; but such a notice shall be revoc-
able by writing; and in the absence of any such notice, or
on revocation of every such notice, this Act shall apply to
the contract.
In every other case of a contract of tenancy current at
the commencement of this Act, this Act shall not apply to
the contract.
Exception
of non-
agricul-
tural and
small
holdings.
Exception
where
other
compen-
sation.
General
saving of
rights.
58. Nothing in this Act shall apply to a holding that is
not either wholly agricultural or wholly pastoral, or in
part agricultural and as to the residue pastoral, or that is
of less extent than two acres.
59. A tenant shall not be entitled to claim compensation
under this Act and under any custom of the country or
contract in respect of the same work or thing.
60. Except as in this Act expressed, nothing in this Act
shall take away, abridge, or prejudicially affect any power,
right, or remedy of a landlord, tenant, or other person,
vested in or exerciseable hj 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 improvement, waste, emblements, tillages, away-
going crops, fixtures, tax, rate, tithe-rentcharge, rent, or
other thing.
39 6r 40 Vict. Cap. 74. 255
AGRICULTURAL HOLDINGS (ENGLAND) Appndx.
ACT, 1875, AMENDMENT ACT, 1876. statutes.
39 & 40 Vict. Cap. 74.
An Act for amending so much of the Agricultural Holdings
(England) Act, 1875, as relates to the Governors of the
Bounty of Queen Anne for the Augmentation of the
Maintenance of the Poor Clergy.
_ [ISth August, 1876.]
Be it enacted by the Queen's most Excellent Majesty, by
and with, the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows :
Sliort Title.
1. This Act may be cited as " The Agricultural Holdings
(England) Act (1875) Amendment Act, 1876."
Repeal of Enactments in Schedule.
2. The part of an Act described in the schedule to this
Act is hereby repealed ; but this repeal shall not affect
anything done, or any right or liability accrued, under the
repealed enactment, before the passing of this Act.
Apjjroval of Improvements hy Patron of Benefice.
3. Section forty-nine of The Agricultural Holdings (Eng-
land) Act, 1875, shall be read and have effect as if there had
been inserted thereinafter the word " writing " the follow-
ing words, " of the patron of the benefice (that is, the person,
officer, or authority who, in case the benefice were vacant,
would be entitled to present thereto), or "
256 Agricultural Holdings {England) Amend. Act, 1 876.
Appndx.
Statutes.
SCHEDULE.
Part of Act repealed.
38 & 39 Vict. c. 92,
The Agricultural Holdings ) in part;
(England) Act, 1875- - \ namely —
1 he last paragraph of section forty-
nine ; (that is to say,)
The Governors of Queen Anne's
Bounty, before granting their
approval in any case under this
section, shall give notice of the
ap( plication for their approval
to the patron of the benefice,
that is, the person, officer, or au-
thority, who in case the benefice
were then vacant, would be en-
titled to present thereto.
AGRICULTURAL HOLDINGS (ENGLAND) Appndx,
ACT, 1883. statutes.
46 & 47 Vict. Cap. 61.
An Act for amending the Law relating to Agricultural Hold-
ings in England. [25t]i August, 1883.]
Be it enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in the present Parliament
assembled, and by the authority of the same as follows :
PART I.
Improvements.
Compensation for Improvements.
1. Subject as in this Act mentioned, where a tenant has General
made on his holding any improvement comprised in the riglit of
First Schedule hereto, he shall, on and after the commence- ^^^^^^ ^
ment of this Act, be entitled on quitting his holding at the ti°OT^^°^^"
determination of a tenancy to obtain from his landlord as
compensation under this Act for such improvement such
sum as fairly represents the value of the improvement to an
incoming tenant : 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 capa-
bilities of the soil.
258
Agricultural Holdings {England) Act, 1883.
Appndx.
statutes.
Restric-
tion as to
improve-
ments
before Act.
38&39
Vict. c. 92.
As to Improvements executed before the Commencement of Act,
2. Compensation under this Act shall not be payable in
respect of improvements executed before the commencement
of this Act, with the exceptions following, that —
(1.) Where a tenant has within ten years before the
commencement of this Act made an improvement men-
tioned in the third part of the First Schedule hereto,
and he is not entitled under any contract, or custom, or
under the Agricultural Holdings (England) Act, 1875,
to compensation in resjject of such im provement ; or
(2.) Where a tenant has executed an improvement men-
tioned in the first or second part of the said First
Schedule within ten years previous to the commence-
ment of this Act, and he is not entitled under any
contract, or custom, or under the Agricultural Hold-
ings (England) Act, 1875, to compensation in respect of
such improvement, and the landlord within one year after
the commencement of this Act declares in writing his
consent to the making of such improvement, then
Buch tenant on quitting his holding at the determina-
tion of a tenancy after the commencement of this Act
may claim compensation under this Act in respect of
such improvement in the same manner as if this Act
had been in force at the time of the execution of such,
improvement.
As to Improvements executed after the Commencement of Act.
Consent 3. Compensation under this Act shall not be payable in
of landlord respect of any improvement mentioned in the first part of
the First Schedule hereto, and executed after the commence-
ment of this Act, unless the landlord, or his agent duly
authorized in that behalf, has, previously to the execution
of the improvement and after the passing of this Act, con-
sented in writing to the making of such improvement, and
any such consent may be given by the landlord uncondi-
tionally, or upon such terms as to compensation, or other-
as to im-
provement
in First
Schedule,
Part I.
46 ^(-47 Vict. Cap. 61. 259
"wise, as may be agreed upon between the landlord and the Appnox.
tenant, and in the event of any agreement being made statutes,
between the landlord and the tenant, any compensation
payable thereunder shall be deemed to be substituted for
compensation under this Act.
4. Compensation under this Act shall not be payable in Notice to
respect of any improvement mentioned in the second part of '^™i'o''<l
the First Schedule hereto, and executed after the com- provement
mencement of this Act, unless the tenant has, not more in First
than three months and not less than two months before Schedule,
beginning to execute such improvement, given to the land- '^^
lord, or his agent duly authorized in that behalf, notice in
writing of his intention so to do, and of the manner in
which he proposes to do the intended work, and upon such
notice being given, the landlord and tenant may agree on
the terms as to compensation or otherwise on which the
improvement is to be executed, aud in the event of any such
agreement being made, any compensation payable there-
under shall be deemed to be substituted for compensation
under this Act, or the landlord may, unless the notice of
the tenant is previously withdrawn, undertake to execute
the improvement himself, aud may execute the same in any
reasonable and proper manner which he thinks fit, and
charge the tenant with a sum not exceeding' five pounds per
centum per annum on the outlay incurred in executing the
improvement, or not exceeding such annual sum payable for
a period of twenty-five years as will repay such outlay in
the said period, with interest at the rate of three jjer centum
per annum, such annual sum to be recoverable as rent. In
default of any such agreement or undertaking, and also in
the event of the landlold failing to comply with his under-
taking within a reasonable time, the tenant may execute the
improvement himself, and shall in respect thereof be en-
titled to compensation under this Act.
The landlord and tenant may, if they think fit, dispense
with any notice under lliis section, and come to an agree-
ment in a lease or otherwise between themselves in the
s3
260 Agricultural Holdings {England) Act, 18S3.
Appndx. same manner and of the same validity asif sucli notice had
Statutes, heen given.
Keserva- 5. Where, in the case of a tenancy under a contract of
tion as to tenancy current at the commencement of this Act, any
and future agreement in writing or custom, or the Agricultural Hold-
contracts ings (England) Act, 1875, provides specific compensation
of tenancy, for any improvement comprised in the First Schedule
hereto, compensation in respect of such improvement,
although executed after the commencement of this Act,
shall be payable in pursuance of such agreement, custom, or
Act of Parliament, and shall be deemed to be substituted for
compensation under this Act.
Where in the case of a tenancy under a contract of tenancy
beginning after the commencement of this Act, any par-
ticular agreement in writing secures to the tenant for any
improvement mentioned in the third part of the First
Schedule hereto, and executed after the commencement of
this Act, fair and reasonable compensation, having regard
to the circumstances existing at the time of making such
agreement, then in such case the compensation in respect of
such improvement shall be payable in pursuance of the par-
ticular agreement, and shall be deemed to be substituted for
compensation under this Act.
The last preceding provision of this section relating to a
particular agreement shall apply in the case of a tenancy
under a contract of tenancy current at the commencement
of this Act in respect of an improvement mentioned in the
third part of the First Schedule hereto, specific compensa-
tion for which is not provided by any agreement in writing
or custom, or the Agricultural Holdings Act, 1875.
Begulations as to Compensation for Improvements.
Kegula- 6. In the ascertainment of the amount of the compensa-
tions as to tion under this Act payable to the tenant in respect of any
compensa- jj^^p^-Qvement there shall be taken into account in reduction
tiou for , , p .
improve- tnereoi :
ments. (a.) Any benefit which the landlord has given or allowed
46^47 Vict. Cap. GL . 261
to the tenant in consideration of the tenant executing Appndx.
the improvement ; and Statutes,
"(i.) 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 otlier 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 removed
therefrom ; and
(c.) Any sums due to the landlord in respect of rent or in
respect of any waste committed or permitted by the
tenant, or in respect of any breach of covenant or other
agreement connected with the contract of tenancy com-
mitted by the tenant, also any taxes, rates, and tithe
rentcharge due or becoming due in respect of the
holding to which the tenant is liable as between him
and the landlord.
There shall be taken into account in augmentation of the
tenant's compensation —
(d.) Any sum due to the tenant for compensation in re-
spect of a breach of covenant or other agreement con-
nected 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 more than four years
before the deternaination of the tenancy.
Procedure.
7. A tenant claiming compensation under this Act shall. Notice of
two months at least before the determination of the tenancy, intended
givt notice in writing to the landlord of his intention to '^ ^^^'
make such' claim.
262
Agricultural Holdings {England) Act, 1883.
Appndx. Where a tenant gives such notice, the landlord niay^
Statutes, hefore 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 in respect of any
waste or any breach of covenant or other agreement.
Every such notice and counter-notice shall state, as far as
reasonably may be, the particulars and amount of the in-
tended claim.
euce.
Appoint-
ment of
referee or
referees
and um-
pire.
Compensa- 8. The landlord and the tenant may agree on the amount
^f/^f ^^<i mode and time of payment of compensation to be paid
by refer- ^^t^^r this Act.
If in any case they do not so agree the difference shall be
settled by a reference.
9. Where there is a reference under this Act, a referee, or
two referees and an umpii-e, 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
the parties, or either of them, requiring him to act,
fails to act, the proceedings shall begin afresh, as if no
referee 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 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 shall within
fourteen days appoint a competent and impartial per-
son to be a referee :
46 ^ 47 Vict. Cap. 61. 26:5
(7.) Where two referees are appointed, then (subject to Appndx.
the provisions of this Act) they shall before they enter statutes.
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 fi'om either party the
referees fail to appoint an umj)ire, or another umpire,
then, on the application of either party, the county
coui't 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 wilting.
10. Provided that, where two referees are appointed, an Eequisi-
umpire may be appointed as follows : *'"" .^
(1.) If either party, on appointing a referee, requires, by [^^^^^ ^f
notice in writing to the other, that the umpii-e shall be umpire by
appointed by the Land Commissioners for England, Land
then the umpire, and any successor to him, shall be toinmis-
appointed, on the application of either party, by those '
commissioners.
(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 umjiire, and any successor to
him, shall on the aiDplication of either party be so
appointed, and in case of such dissent the umjjire, and
any successor to him, shall be appointed, on the appli-
cation of either party, by the Land Commissioners for
England.
11. The j)owers of the county court under this Act rela- Exercise of
tive to the appointment of a referee or umpire shall be powers of
exerciseable by the judge of the coiu't having jurisdiction, gom,*.
whether he is without or within his district, and may, by
consent of the parties, be exercised by the registrar of the
court.
264
Agricultural Holdings {England) Act, 1883.
Appndx. 12. The delivery to a referee of his appointment shall he
deemed a snhmission to a reference by the party delivering
it ; and neither party shall have power to revoke a sub-
mission, or the appointment of a referee, without the con-
sent of the other.
13. The referee or referees or umpire may call for the
production 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
determination of the matters referred, and may take the
examination of the parties and witnesses on oath, and may
administer oaths and take affirmations : and if any person
so sworn or affirming wilfully and corruptly gives false
evidence he shall l)e guilty of perjury.
Statutes,
Mode of
submis-
sion to
reference.
Power for
referee, &c.
to require
production
of docu-
ments,
administer
oaths, &c.
Power to 14. The referee or referees or itmpire may proceed in the
proceed m absence of either party where the same appears to him or
them expedient, after notice given to the parties.
absence.
Form of
award.
Time for
award of
referee or
referees.
15. The award shall be in writing, signed by the referee
or referees or umpire.
16. A single referee shall make his award ready for de-
livery within twenty-eight days after his appointment.
Two referees shall make their award ready for delivery
within twenty-eight days after the ajjpointment of the last
appointed of them, or within such extended time (if any) as
they from time to time jointly fix by writing under their
hands, so that they make their award ready for delivery
within a time not exceeding in the whole forty-nine days
after the appointment of the last appointed of them.
Award in 17. In any case provided for by sections three, four, or
respect of five, if compensation is claimed under this Act, such com-
compensa- pensation as under any of those sections is to be deemed to
sections 3 ^^ substituted for compensation under this Act, if and so far
4, and 5. as the same can, consistently with the terms of the agree-
46 5f 47 Vict. Cap. 61. 265
ment, if any, be ascertained by the referees or tlie umpire, Appndx.
shall be awarded in respect of any improvements thereby gjatutes.
provided for, and the award shall, when necessary, distin-
guish such imijrovements and the amount awarded in re-
spect thereof ; and an award given under this section shall
be subject to the appeal provided by this Act.
18. "Where two referees are appointed and act, if they fail Reference
to make their award readv for delivery within the time ° ^^^ ,
p , . -, . 1 award by
aforesaid, then, on the expiration of that time, their autho- umpire.
rity shall cease, and thereupon the matters referred to them
shall stand referred to the umpire.
The umpire 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 under this section.
19. The award shall not award a sum generally for com- Award to
pensation, but shall, so far as possible, specify — tiJul^s '
(a.) The several improvements, acts, and things in re-
spect whereof compensation is awarded, and the several
matters and things taken into account under the pro-
visions of this Act in reduction or augmentation of such
compensation ;
'(6.) The time at which each improvement, act, or thing
was executed, done, committed, or permitted ;
(c.) The sum awarded in respect of each improvement,
act, matter, and thing ; and
(d.) Where the landlord desires to charge his estate with
the amount of compensation found due to the tenant,
the time at which, for the purposes of such charge,
each improvement, act, or thing in respect of which
compensation is awarded is to be deemed to be ex-
hausted.
266 Agricultural Holdings {England) Act, 1883.
Appndx. 20. Tlie costs of and attending the reference, including
Statutes *^® remuneration of the referee or referees and umpire,
^ , „ where the umpire has been required to act, and including
reference, 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 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.
Day for 21. The award shall fix a day, not sooner than one month
payment, after the delivery of the award, for the payment of money
awarded for compensation, costs, or otherwise.
Submis- 22. A submission or award shall not be made a rule of
sion not to any court, or be removable by any process into any court,
I?^/^^^'^" ^^*^ ^^ award shall not be questioned otherwise than as
provided by this Act.
able, &c.
court.
Appeal to 23. Wliere the sum claimed for compensation exceeds one
county 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 provisions of sections three, four,
or five of this Act ;
3. 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 was not entitled
to compensation ;
46 6c47 Vict. Cap. 61. ^67
4. That compensatioa has not been awarded for improve- Appndx.
ments, acts, or things, breaches of covenants or agree- statutes,
ments, or for coramitting or permitting waste, in respect
of which the party claiming was entitled to compen-
sation ;
and the judge shall hear and determine the appeal, and
may, in his discretion, remit the case to be re-heard as to
the whole or any part thereof by the referee or referees or
umpire, with such directions as he may think fit.
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, stater a special case on a question of law for
the judgment of the High Court of Justice, and the decision
of the High Court on the case, and respecting costs or any
other matter connected therewith, shall be final, and the
judge of the county court shall act thereon.
24. 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 ^^ ^°"-
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 the county court under its ordinary
jurisdiction to be paid is recoverable.
25. "Wliere a landlord or tenant is an infant without a Appoint-
guardian, or is of unsound mind, not so found by inquisi- ™ent ot
tion, the county court, on the application 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.
26. Where the appointment of a person to act as the next Provisions
friend of a married woman is required for the purposes of respecting
this Act, the county court may make such ajjpointment, -jyoijien.
and may remove or change that next friend if and as
occasion requires.
■268
Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.
45 & 4G
Vict. c. 75
A woman married before the
Married Women's Property Act,
commencement of tlie
1882, entitled for her
separate use to land, lier title to which accrued before such
commencement as aforesaid, and not restrained from antici-
pation, shall, for the purposes of this Act, be in respect of
land as if she was unmarried.
Where any other woman married before the commence-
ment of the Married Women's Property Act, 1882, is
desirous of doing any act under this Act in respect of land,
her title to which accrued before such commencement as
aforesaid, her husband's concurrence shall be requisite, 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 intended act, and it shall be ascertained
that she is acting freely and voluntarily.
27. The cost 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 jjroceedings, and of costs to be taxed
by the registrar of the court.
28. Any notice, request, demand, or other instrument
under 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.
Charge of Tenants Compensation.
Power for 29. A landlord, op. paying to the tenant the amount due
landlord |q j^jj^^ j^ respect of compensation imder this Act, or in
Costs in
county
court.
Service of
notice, &c.
46 3f 47 Vict. Cap. 61. 269
respect of compensation authorized by this Act to be Appndx.
substitued for compensation under this Act, or on expend- §^"^^53..
ing such amount as may be necessary to execute an im- ^^ paymff
provement under the second part of the First Schedule compen-
hereto, after notice given by the tenant of his intention to sation to
execute such improvement in accordance with this Act, obtain
shall be entitled to obtain from the county court a charge ^ ^''^S*^-
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 observance in good faith by the
parties of the conditions imposed by this Act, make an
order charging the holding, or any part thereof, with re-
payment of the amount paid or expended, with such in-
terest, 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-
lutely owner of the holding for his own benefit, no instal-
ment 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 in favour
of the landlord, his executors, administrators, and assigns.
The estate or interest of any landlord holding for an
estate or interest determinable or liable to forfeiture by
reason of his creating or suff'ering any charge thereon shall
not be determined or forfeited by reason of his obtaining
a charge under this Act, anything in any deed, will, or
other instrument to the contrary thereof notwithstanding.
Capital money arising under the Settled Land Act, 1882, 45 & 46
may be applied in payment of any moneys expended and ^ict. c. 38,
costs incurred by a landlord under or in pursuance of this
Act in or about the execution of any improvement men-
tioned in the first or second parts of the schedule hereto, as
270
Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.
for an improvement authorized by the said Settled Land
Act ; and sucli money may also be ajjplied in discharge of
any charge created on a holding under or in joursuance of
this Act in respect of any such improvement as aforesaid, as
in discharge of an incumbrance authorized by the Settled
Land Act to be discharged out of such capital money.
Incidence
of charge.
Provision
in case of
trustee.
30. The sum charged by the order of a county court
under this Act shall be a charge on the holding, or the part
thereof charged, for the landlord's interest therein, and for
all interests therein subsequent to that of the landlord ; but
so that the charge shall not extend beyond the interest of
the landlord, his executors, administrators, and assigns, in
the tenancy where the landlord is himself a tenant of the
holding.
31. "Where the landlord is a person entitled to receive the
rents and profits of any holding as trustee, or in any cha-
racter 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 recoverable person-
ally 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 hold-
ing 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 holding to pay to the
tenant tlie amount due to him, then after the expira-
tion of such one month the tenant shall be entitled to
obtain from the county court in favour of himself, his
46^47 Vict. Cap. 61. 271
executors, administrators, and assigns, a charge on the Appndx.
holding to the amount of the sum due to him, and of g^^^gg
all costs properly incurred by him in obtaining the
charge or in raising the amount due thereunder.
(4.) The court shall on proof of the 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
including costs, in like manner and form as in the case
of a charge which a landlord is entitled to obtain.
32. Any company now or hereinafter incorporated by Advance
parliament, and having power to advance money for the ^a- ^ y a
. n ■. -, . ^ ■ r company,
improvement oi land, may take an assignment ot any
charge made by a county court under the provisions of this
Act, upon such terms and conditions as may be agreed
iipon between such company and the person entitled to
such charge ; and such company may assign any charge so
acquired by them to any person or persons whomsoever.
Notice to Quit.
33. Where a half-year's notice, expiring with a year of "?® °^
tenancy, is by law necessary and sufficient for determination „yj^_
of a tenancy from year to year, in the case of any such ten-
ancy under a contract of tenancy made before or after the
commencement of "this Act, a year's 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 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 bankruj)t, or has filed
a petition for a composition or arrangement with his
creditors.
Fixtures.
34. Where after the commencement of this Act a tenant Tenant's
-affixes to his holding any engine, machinery, fencing, or property in
272 Agricultural Holdings {England) Act, 1883.
Appndx. other fixture, or erects any building for which he is not
Statutes ^^^<^^^ ^^^^' -^^t or otherwise entitled to compensation, and
- ^ which is not so affixed or erected in piirsuance of some obli-
iixturGS
machinery, g^^-tion in that behalf or instead of some fixture or building
&c. belonging to the landlord, then such fixture or building
shall be the property of and be removable by the tenant
before or within a reasonable time after the termination of
the tenancy.
Provided as follows : —
1. Before the removal of any fixture or building the
tenant shall pay all rent owing by him, and shall
perform and 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 j^revious 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 removal,
and any fixture or building thus elected to be pur-
chased shall be left by the tenant, and shall become
the property of the landlord, who shall pay the
tenant the fair value thereof to an incoming
tenant of the holding ; and any difference as to
the value shall be settled by a reference under
46^47 Vict. Cap. 61. 273
this Act, as in case of compensation (but without Appndx.
^^^^^ '' Statutes.
Grown and Duchy Lands.
35. This Act shall extend and apply to land belonging to Applica-
Her Majesty the Queen, her heii's and successors, in right tio" o^ ^ct
of the Crown. ^« 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 sucli 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 appoint in
writing imder the Royal Sign Manual, shall represent Her
Majesty, her heirs and successors, and shall be deemed to be
the landlord.
Any compensation payable under this Act by the Com-
missioners 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 im-
provement of land within section one of the Crown Lands
Act, 1866, and the amount thereof shall be charged and
repaid as in that section provided with respect to costs,
charges and expenses therein mentioned.
Any compensation payable under this Act by those Com-
missioners, or eithtr 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 payable
to those Commissioners out of such money and in such
manner as the last-mentioned expenses are by law payable.
36. This Act shall extend and apply to land belonging to Appllca-
Her Majesty, her heirs and sucessors, in right of the Duchy tion of Act
of Lancaster. to la"'! of
With respect to such laud for the purposes of this Act, the Lancaster.
Chancellor for the time being of the Duchy shall represent
T
274 Agricultural Holdings {England) Act, 1883.
Appndx. Her Majesty, her heirs and successors, and shall be deemed
e. T"! to be the landlord.
(Statutes. ^, „ . 1 -I T .-1 • » ,
The amount oi 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 iu
improvement of land belonging to Her Majesty, her heirs or
successors, in right of the Duchj^, within section twenty-five
of the Act of the fifty-seventh year of King George the Third,
chapter ninety-seven, and shall be raised and paid as in that
section provided with respect to the expenses therein men-
tioned.
The amount of any compensation payable under this Act
by the Chancellor of the Duchy in respect of an improvement
mentioned in the third jjart of the First Schedule to this Act
shall be paid out of the annual revenues of tlie Duchy,
Applica- 37. This Act shall extend and apjjly to land belonging to
tion of Act the Duchy of Cornwall.
to land ot With respect to such land, for the purposes of this Act,
Cornwall, s^*^^^ person as the Duke of Cornwall for the time being, or
other the personage for the time being entitled to the revenues
and posesssions 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 the landlord, 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 i3ersonage 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 respect of an improvement of land within section eight
26 & 27 of the Duchy of Cornwall Management Act, 1863, and the
Vict. c. 49. amount thereof may be advanced and paid from the money
mentioned in that section, subject to the provision therein
made for repayment of sums advanced for improvements.
46 ^ 47 Vict. Cap. 61. 275
Ecclesiastical and Charity Lands, Appndx.
38. Where lands are assigned or secured as the endow- Statutes,
nient of a see, the powers by this Act conferred on a Landhjrd Landlord
shall not be exercised by the archbisliop or bishop, in respect archbishop
of those lands, except with the previous approval in writing oi" bishop,
of the Estates Committee of the Ecclesiastical Commissioners
for England.
39. Where a landlord is incumbent of an ecclesiastical Landlord,
benefice, the powers by this Act conferred on a landlord shall incumbent
-P V* -ft
not be exercised by him in respect of the glebe land or oenence.
other land belonging to the benefice, except with the pre-
vious ajaproval in writing of the patron of the benefice, 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, on behalf of the incumbent, out of any
money in their hands, pay to the tenant the amount of com-
pensation 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, notwithstanding any
change of the incumbent.
40. The powers by this Act conferred on a landlord iii Landlord,
respect of charging the land shall not be exercised by charity
trustees for ecclesiastical or charitable purposes, except ^j^'^^'^ees,
with the previous approval in writing of the Charity Com-
missioners for England and Wales,
Resumption for Improvements, and Miscellaneous.
41. Where on a tenancy from year to year a notice to Resump-
-quit is given by the landlord with a view to the use of land tion of pos-
for any of the following purposes : session for
The erection of farm labourers cottages or other houses, ^^ ° '
with or without gardens ;
t2
276
Agricultural Holdings {England) Act, 1883.
Appndx.
statutes.
The providing of gardens for existing farm labourers-
cottages or other houses ;
The allotment for labourers of land for gardens or other
purposes ;
The planting of trees ;
The opening or Avorking of any coal, ironstone, limestone,
or other mineral, or of a stone quarry, clay, sand, or
gravel pit, or the construction of any works or buildings
to be used in connexion 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 onlj^
of the holding.
In every such case the provisions of this Act respecting
compensation shall apply as on determination of a tenancy
in respect of an entire holding.
The tenant shall also be entitled to a proportionate re-
duction of rent in respect of the land comprised in the notice
to quit, and in respect of any depreciation of the value to
him of the residue of the holding, caused by the withdrawal
of that land from the holding or by the use to be made
thereof, and the amount of that reduction shall be ascer-
tained by agreement or settled by a reference under this Act,
as in case of compensation (but without appeal).
The tenant shall further be entitled, at any time within
twenty-eight days after 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 etfect
accordingly.
Provision 42. Suliject to the provisions of this Act in relation to
as to Crown, duchy, ecclesiastical, and charity lands, a landlorel,
46 cj- 47 Vict. Cap. 61. 277
Avliatever may be liis estate or interest in his holding, may Appndx.
give any consent, make any agreement, or do or have done to g, , .
him any act in relation to iinprovements in respect of which .. . ,
compensation is payable under this Act which he might owners,
give or make or do or have done to him if he were in the
case of an estate of inheritance owner thereof in fee, and in
the case of a leasehold possessed of the whole estate in the
leasehold.
43 When, by any Act of Parliament, deed, or other in- Provision
strunient, a lease of a holding is authorised to be made, ^i^ f^^^e or
l*GSGrV3,tlOQ
provided that the best rent, or reservation in the nature of ^^ j.^^^.
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 in-
crease (if any) in the value of such holding arising from any
improvements made or paid for by him on such holding.
PART II.
• Distress.
44. After the commencement of this Act it shall not be Limitation
lawful for any landlord entitled to the rent of any holding ?^ distress
to which this Act applies to distrain for rent which became Jj£ amount
due in respect of such holding more than one year before and time,
the making of such distress, except in the case of arrears of
rent in respect of a holding to which this Act "applies exist-
ing at the time of the passing of this Act, which arrears shall
be recoverable by distress up to the first daj"^ of January one
thousand eight iiundred 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
278 Agricultural Holdings [England] Act, 1883.
Appndx. legally became due, tlien for the purjDose of this section the
Statutes ^*^^^* ^^ such holding shall be deemed to have become due
at the expiration of such quarter or half year as aforesaid,
as the case may be, and not at the date at which it legally
became due.
Limitation 45. "Where live stock belonging to another person has
o IS ress i^^gj^ taken in by the tenant of a holding to which this Act
111 respect ^ c i c ■ ■ -, ■,
of things to fipphes to be ied at a tair price agreed to be paid for such
be dis- feeding by the owner 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 suflftcient distress not being found, there
shall not be recovered 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, 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, then to the full
extent of the price then remaining unpaid.
Agricultural or other machinery which is the bona fide
property of 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 purposes, shall not be distrained
for rent in arrear.
46 6r 47 Vict. Cap. 61. 279
46. Where any dispute arises — Appndx.
(a) in respect of any distress having been levied contrary g(.^^gg
to the provisions of this Act ; or
(6) as to the ownership of any live stock distrained, or as Eemedy
to the price to be paid for the feeding of such stock ; or for wrong-
(c) as to any other matter or thing relating to a distress f"l distress
, , /. , • 1 1 • A T under this
on a holding to which this Act appues : ^^.j.
such dispute may be heard and determined by the county
court or by a court of summary jurisdiction, and any such
county court or court of summary jurisdiction may make an
order for restoration of any live stock or things unlawfully
distrained, or may declare the price agreed to be paid in the
case where the price of the feeding is required to be ascer-
tained, 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 juris-
diction has authority by law to make an order on complaint
in pursuance of the Summary Jurisdiction Acts ; but any
person aggrieved by any decision of such court of summary
jurisdiction under this sectign may, on giving such security
to the other party as the court may think just, appeal to a
court of general or quarter sessions.
47. Where the compensation due under this Act, or under Set-off of
any custom or contract, to a tenant has been ascertained be- coi^P''"^^-
fore the landlord distrains for rent due, the amount of such ,^^ainst
compensation may be set-off as against the rent due, and the rent,
landlord shall not be entitled to distrain for more than the
balance.
48. An order of the county court or of a court of summary Exclusion
jurisdiction under this Act shall not be quashed for want of "f '^^i';
form or be removed by certiorari or otherwise into any
superior court.
49. No person whatsoever making any distress for rent on Limitation
a holding to which this Act applies when the sum demanded ° ^°^ ,f ^°
and due shall exceed the sum of twenty pounds for or in distress,
respect of such rent shall be entitled to any other or more
280 Agricultural Holdings [England) Act, 1883.
Appndx. costs and charges for and in respect of sucli distress or any"
oi.T~I matter or thing done therein than such as are fixed and set
Statutes. f'
forth in the Second Schedule hereto.
Eepeal of 50. So much of an Act passed in the second year of the
2 W. and rgig^ of their Majesties King William the Third and Mary,
. c. , s. pj^j^ptg^ j^yg^ j^g requires appraisement before sale of goods
praisement distrained is hereby rej^eaied as respects any holding to
and sale at which this Act applies, and the landlord or other person
public auc- levying a distress on such holding may sell the goods and
chattels distrained without causing them to be previously
appraised ; and for the purposes 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.
tion
Extension 51. The period of five days provided in the said Act of
of tune to "wriiiiam and Mary, chapter five, within which the tenant or
reauest of ^'^^^'-^^ ^f goods and chattels distrained may replevy the
tenant. 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 holder make a request in
writing in that behalf to the landlord or other person levy-
ing 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, seU the goods and
chattels distrained or part of them at any time before the
expiration of such extended period as aforesaid.
Bailiffs to 52. From and after the commencement of this Act no
be ap- person shall act as a bailiff" to levy any distress on any hold-
pom ed by ^ which this Act applies unless he shall be authorized
county » . ^^ • • 1 1 1 J
to act as a bailiff by a certificate m writing under the hand
46^47 Vict. Cajy. 6], 281
■of the judge of a county court ; and every county court judge Appndx.
shall, on or before the thirty-first day of December one g^J^^gg
thousand ei^ht hundred and eighty-three, and afterwards ,
-. . . . 1 11 • • court
rroni time to time as occasion shall require, appoint a com- iud^es.
petent 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 liave been guilty of any
extortion or other misconduct in the execution of his duty
as a bailiff, he shall be liable to have his appointment siun-
marily cancelled by the said judge.
PART III.
General Provisions.
53. This Act shall come into force on the first day of Corn-
January one thousand eight hundred and eighty-four, ^iience-
which day is in this Act referred to as the commencement ^^^
of this Act.
54. Nothing in this Act shall apply to a holding that is Holdings
not either wholly agricultural or wholly pastoral, or in ° wnicn
part agricultural, and as to the residue pastoral, or in whole pjjgg'
or in part cultivated as a market garden, or to any holding
let to the tenant during his continuance in any office,
a,ppointment, or employment held under the landlord.
55. Any contract, agreement, or covenant made by a Avoidance
tenant, by virtue of which he is deprived of his right to '^^ agree-
claim compensation under this Act in respect of any im- consistent
provement mentioned in the First Schedule hereto (except ^v^tll Act,
an agreement providing such compensation as is by this Act
permitted to be substituted for compensation vinder this
Act), shall, so far as it deprives him of such right, be void
both at law and in equity.
56. Where an incoming tenant has, with the consent in Right of
writing of his landlord, paid to an outgoing tenant any tenant m
compensation payable under or in pursuance of this Act in J'^^P^''
respect of the whole or part of any improvement, such in- ment pur-
282
Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.
chased
from out-
going
tenant.
coming tenant shall be entitled on quitting the holding to
claim comjjensation in respect of such improvement or part
in like manner, if at all, as the outgoing tenant would have
been entitled if he had remained tenant of the holding, and
quitted the holding at the time at which the incoming
tenant quits the same.
Compensa- 67. A tenant shall not be entitled to claim compensation
tion under l^y custom or otherwise than in manner authorized by this
IS ct to ^p^ jj^ respect of any improvement for which he is entitled
sive. ^'^ compensation under or in pursuance of this Act, but where
he is not entitled to compensation under or in pursuance of
this Act he may recover compensation under any other Act
of Parliament, or any agreement or custom, in the same
manner as if this Act had not passed.
Provision
as to
change of
tenancy.
Restric-
tion in re-
spect of
improve-
ments by
tenant
about to
quit.
58. A tenant who has remained in his holding during a
change or changes of tenancy shall not thereafter on quitting
his holding at a determination 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.
59. Subject as in this section mentioned, a tenant shall
not be entitled to compensation in resj^ect of any improve-
ments, other than manures as defined by this Act, begun by
him, if he holds 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, 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 in this section shall not api^ly
in the case of any such improvement as aforesaid —
(1.) Where a tenant from year to year has begun such im-
provement during the last year of his tenancy, and, in
46 ^ 47 Vict. Cap. 61. 28a
pursuance of his notice to quit thereafter given by the Appndx.
landlord, has quitted his holding at the expiration of statutes,
that year ; and '
(2.) Where a tenant, whether a tenant from year to year
or a lessee, previously to beginning any sucli improve-
ment, has served notice on his landlord of his intention
to begin the same, and the landlord has assented or has
failed for a month after the receipt of the notice to ob-
ject to the making of the improvement.
60. Except as in this Act expressed, nothing in this Act General
shall take away, abridge, or prejudicially affect any power, ''p'^S o*
right, or remedy of a landlord, tenant, or other person vested
in or exercisable by him 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 improve-
ments, waste, emblements, tillages, away-going crops, fix-
tures, tax, rate, tithe rencharge, rent, or other thing.
61. In this Act— Interpre-
" 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 tlie 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
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 imme-
diately 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 beginning after the
commencement of this _Act :
" Determination of tenancy " means the cesser of a con-
tract of tenancy by reason of efl3.uxion of time, or from
any other cause :
^84
Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.
Bepeal of
Acts of
1875 and
1876.
" 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 imder a landlord for
a term of years, or for lives, or for lives and years, or
from year to year :
" Tenant " includes the executors, administrators, assigns,
legatee, devisee, 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 compensation in respect of
any improvement made by a tenant shall enure to the
benefit of such executors, administrators, assigns, and
other persons as aforesaid :
" Holding " means any parcel of land held by a tenant :
" County court," in relation to a holding, means the county
court within the district whereof the holding or the
larger part thereof is situate :
" Person " includes a body of persons and a corporation
aggregate or sole :
" Live stock " includes any animal capable of being dis-
trained :
" Manures " mean any of the improvements numbered
twenty-two and twenty-three in the third part of the
First Schedule hereto :
The designation of landlord and tenant shall continue to
apply to parties until the conclusion of any proceedings
taken under or in pursuance of this Act in respect of com-
pensation for improvements, or under any agreement made
in pursuance of this Act.
62. On and after the commencement of this Act, the
Agricultural Holdings (England) Act, 1875, and the Agri-
cultural Holdings (England) Act, 1875, Amendment Act,
1876, shall be repealed.
Provided that such repeal shall not affect —
(a.) any thing duly done or suffered, or any proceedings
pending under or in pursuance of any enactment
hereby repealed; or
46 ^' 47 Vict. Cap. 61. 385
(h.) any right to compensation in respect of improve- Appndx.
Statutes.
ments to which the Agricultural Holdings (England)
Act, 1875, applies, and which were executed before the
commencement of this Act; or
(c.) any right to compensation in respect of any improve-
ment to which the Agricultural Holdings (England)
Act, 1875, applies, although executed by a tenant after
the commencement 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.
63. This Act may be cited for all purposes as the Agri- Short title
cultural Holdings (England) Act, 1883. "^ ^^t.
64. This Act shall not apply to Scotland or Ireland. Limits of
Act.
FIRST SCHEDULE.
PART I.
Improvements to which consent of 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 or works of irrigation.
(6.) Making of gardens.
(7.) Making or improving of roads and 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 agricul-
tural or domestic purposes.
(9.) Making of fences.
286 Agricultural Holdings {England) Act, 1883.
Appndx. (10.) Planting of hops.
Statutes. ^^^•) 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 Land-
lord 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.
(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 £bQ.
To bailiff for levy, £1 Is.
To man in possession, if boarded, 3s. 6d. per day ; if not
boarded, 5s. per day.
For advertisements the sum actually paid.
46 5f 47 Vict. Cap. 61. 287
To auctioneer. For sale, five pounds per centum on the Appndx.
«um realized not exceeding £100, and four per centum on g^^^^g^
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 differ to be taxed by the registrar
of the county court of the district in which the distress is
made.
COUNTY COURT RULES, 1875.
ORDER XXXIV. (AGRICULTURAL HOLDINGS
(ENGLAND) ACT, 1875.)
1. When an appeal is made to the judge against an award Tnterpre-
made under the Agricultural Holdings (England) Act, ^^^^^^g
1875, the party prosecuting the appeal shall be called yj^^.^ ^ 92.
the appellant and the party supporting the award the
respondent.
2. The appellant shall, -nithin four days after the delivery Statement
of the award, file a copy thereof, together with a concise °^ grounds
statement in writing of his grounds of appeal, which shall ^^^ be filed,
contain the following particulars : —
(1.) If the appeal shall be made on the ground mentioned
in [section 36], sub-section 1, of the last-mentioned [Sect. 23
Act, a statement of the several objections to the "^ ^^t of
' • • 18S3 n
validity of the award on which he relies : '-'
(2.) If the appeal is on any of the grounds mentioned
in [sub-section 2] of the last-mentioned section, [Sub-sect,
a statement showing in respect of what matters (3) in Act
compensation is alleged to have been improperly ^^ 1883.J
awarded :
288
Agricultural Holdings [England) Act, 1883.
Appndx.
Statutes.
[Sub-sect.
(4) iu Act
of 1883.]
Copy of
statement
to be sent
to respon-
dent.
Form.
(3.) If the appeal is made on any of the grounds men-
tioned in [suh-sedion 3] of the last-mentioned section,
a statement showing in respect of what matters com-
pensation is alleged to have been improperly with-
held :
(4.) No ground of appeal shall be allowed at the trial
unless the foregoing provision of this rule shall, in
respect of such ground, have been complied with :
(5.) The names, in full, and address of the respondent
and of the appellant, and of his solicitor, if the pro-
ceedings are commenced through a solicitor.
3. The registrar shall, within 24 hours after the filing of
the concise statement, transmit a copy thereof by post to
every respondent at the address furnished to him, accom-
panied by a notice requiring the respondent to comply with
the provisions of the next following rule, according to the
form in the Schedule.
Respon- 4. The respondent shall, within eight days after the
dent to de- transmission of the grounds of appeal to him, deliver to the
liver state
ment in
reply.
Order.
registrar a statement in writing signed by himself or his
solicitor disclosing the following matters : —
(1.) Whether he disputes the validity in law of all, or
any, and which of the grounds of objection to the
award :
(2.) Whether he disputes the truth in fact of all, or any,
and which of the grounds of appeal :
(3.) Whether he admits the validity in law and truth in
fact of all, or any, and which of the grounds of ap-
peal :
(4.) Whether he prays that the case may be remitted to
be re-heard :
(5.) His name and address, and that of his solicitor, if the
statement be delivered through a solicitor.
5. The judge shall hear and determine the appeal, and
the order thereupon may be enforced in the same manner
as any other judgment of the court.
County Court Rules, 1875, 0. 34, 38. 289
6. Upon the receipt of the statement mentioned in the Appndx.
next preceding rule the registrar sliall transmit a copy ^.TT
^ thereof and of the award and grounds of appeal to the judge, p . '
who shall, as soon as conveniently may be, appoint a time ^j^j-j^ gtate-
and place for the hearing of the appeal, and instruct the ments to be
registrar to give notice thereof forthwith to the parties. sent to
judge.
7. Every appplication for the appointment of a referee or Proceed-
umpire under [section twenty-two] sub-sections six and nine, ings in ap-
or under [section twentu-threeA sub-section two, of the Act, 5 ^^^ ^^°'
tor FGlGrGG
shall be by summons sealed with the seal of the court, and ^^ umpu-e.
returnable not less than seven days from the date thereof, rggg+g q ^
except by consent. Such summons shall be taken out by lo in Act
the party applying, and shall be addressed to the other of 1883.]
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 be personally
served by the applicant's solicitor. The appointment may
be made by endorsement on the summons.
8. All rules for the time being in force regulating the Appeal to
conduct of appeals by way of special case shall apply to ap- ^'^^^
peals from the Judge to the High Court of Justice, so far
as circumstances will permit.
ORDER XXXVIII. (APPLICATION OF PRECEDING
ORDERS.)
The rules of procedure contained in the preceding orders Applica-
shall apply to proceedings under the Agricultural Holdings ''"^'^ °*
(England) Act, 1875, except where Order xxxiv. provides procedure
any other or inconsistent mode of procedure.
U
290 Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.
THE COUNTY COURTS ACT, 1856.
19 (& 20 Vict. Cap. 108.
Rule or
order sub-
stituted
for writ of
man-
damus to
a judge or
officer of
a county
court.
[Words in
brackets
repealed
by 21 & 22
Vict. c. 74,
s. 4.]
An Act to amend the Acts relating to the County Courts.
[29tli July, 1856.]
43 No writ of mandamus shall hencefortli issue to a
iud-e or an officer of the county court for refusing to do
any^ct relating to the duties of his office ; but any party
requiring such act to be done may apply to any Superior
Court [or a judge thereof] "pon an affidavit of the facts, for
a rule or summons calling upon such judge or officer of
a county court, and also the party to be affected by such
act, to show cause why such act should not be done ; and
if after the service of such rule or summons good cause shall
not be shown, the Superior Court [or judge thereof] may by
rule or order direct the act to be done ; and the judge or
officer of the county court, upon being served with such
rule or order, shall obey the same on pain of attachment ;
and in any event the Superior Court [or the judge thereof^
may make such order with respect to costs as to such court
[orj^l,dge] shall seem fit.
Refusal of
writ of
certiorari,
Ac, or
of rule
or order,
by one
Superior
Court or
judge, to
be final.
U When any Superior Court or a judge thereof shall
have" refused to grant a writ of certiorari or of prohibition
to be addressed to a judge, or such rule or order as in the
last preceding section is specified, no other Superior Court
or iud-e thereof shall grant such writ or rule or order ; but
nothim' herein shall affect the right of appealing from the
decision of the judge of the Superior Court to the court
itself or prevent a second application being made for such
writ or rule or order to the same Superior Court or a judge
thereof on grounds difterent from those on which the first
application was founded.
County Court Rules, 1875, 0. 29.
291
THE COUNTY COURTS ACT, 1858.
21 & 22 Vict. Cap. 74.
Appndx.
Statutes.
An Act for the Re-arrangement of the Districts of the County
Courts among the Judges thereof.
[2nd August, 1858.]
4. Whereas it is desiraWe that the powers given by sec-
tion forty-three of the Act passed in the session of parlia-
ment holden in the nineteenth and twentieth years of the
reign of Her present Majesty, chapter one hundred and
eight, to any Superior Court, or a judge thereof, should be
exercised only by such Superior Court and not by a single
judge : Be it enacted, that no rule or summons requiring a
judge or an officer of a coUnty court to show cause why any
act relating to the duties of his office should not be done,
nor any rule or order directing such act to be done, shall
be issued or made except by the Superior Court ; and the
said section forty-three, and any provisions of the said Act
having reference thereto, shall be read and construed as if
the words "or a judge thereof" were not inserted in the
said section.
*******
19&20
Vict.
c. 108,
s. 43.
Eule re-
quiring a
county
court
judge, &c.,
to do any
act to be
issued only
by tlie
Superior
Court.
COUNTY COURT RULES, 1875.
OKDER XXIX.— (APPEAL BY SPECIAL CASE.)
1. Any party dissatisfied with the judgment, order, or Notice of
direction of the court in point of law, or upon the admission appeal,
-or rejection of evidence, may, before the rising of the court
■GU the day on which judgment was pronounced, deliver to
the registrar a statement in writing, signed by him, his
u2
292
Agricultural Holdings {England) Act, 1 883.
Appndx.
Statutes.
Time for
notice.
Form of
notice.
Notice not
a stay of
execution.
Case to be
presented
to judge.
connsr-1, or solicitor, containing the grounds of his dissatis-
faction ; and in the event of no such statement being de-
livered, the successful party may proceed on. the judgment
unless the judge shall otherwise order ; but the judge may
direct proceedings to be taken on the judgment notwith-
standing such statement has been delivered : Provided that
the party so dissatisfied may appeal on grounds different
from those contained in. such statement, and although he
shall not have delivered any such statement.
2. The ten days within which notice of appeal may be
given shall be exclusive of the day of trial.
3. The notice of appeal shall be in writing, and shall
state the grounds on which the party appeals, and shall be
signed by the appellant, his solicitor, or agent, and such
notice shall be sent to the registrar as well as to the
successful party, by post or otherwise.
4. The notice of appeal shall not operate as a stay of
execution or of proceedings under the decision appealed
from, unless the judge shall otherwise order, but the regis-
trar shall detain the proceeds of any execution which may
then be in or may come into his hands pending such appeal,
to abide the event of such appeal, unless the judge shall
otherwise order.
5. The appellant shall prepare the case for appeal, and
all cases on appeal shall, unless the judge shall otherwise
order, be presented to him for signature at the court held
next after the parties shall have agreed upon the same ;
and if the judge approves thereof it shall be signed by him,
and sealed with the seal of the court ; but where the judge
does not approve of the case submitted to him, both parties
shall be simimoned to attend him where and when th
judge shall appoint, and at the time and place so appointed
both parties shall be heard as to the form of the case, and
the judge shall finally settle and sign the same, and it shall
then be sealed by the registrar.
County Court Rules, 1875, 0. 29. 293
6. Where the parties do not agree upon the form of the Appndx.
icase to be stated, the appellant shall lodge with, the regis- — ■
trar the draft case prepared by him, and the registrar shall
give notice to the parties that the same has been so lodged, p^^j-^igg ^q
and will, on a day to be named in the notice, be presented not agree,
to the judge for his signature, and on such day the parties judge to
may appear before the judge, who shall determine the form ^^*^^® *^^^^'
of the case, and finally settle and sign the same, and it
shall then be sealed by the registrar.
7. When the case shall be so signed and sealed, a copy Copy of
thereof shall be deposited with the registrar, and another case to be
sent by post or otherwise by the appellant to the successful ^^° ^
party within three clear days next after the time of signing rpo-lstrar.
and sealing the same, and if the appellant do not comply
with this rule the successful party may proceed upon the
order, notwithstanding proceedings have been stayed by
order of the judge, unless the judge shall otherwise direct.
8. The appellant shall, within three days next after the Case to be
case has been signed and sealed, transmit the same with a ^^.'l^"-, ,
copy thereof under the seal of the court, by post or other- jii^h
wise, to the proper officer of the High Coiu't of Justice, and Court,
shall give notice, by post or otherwise, to the successful
party that he has done so ; in default whereof the suc-
cessful party may proceed on the judgment as if no
appeal had been made, and shall, on the application to the
court, be entitled to such costs as he shall have incurred in
consequence of the appellant's proceedings ; provided that,
instead of proceeding on such judgment, the respondent, if
he think fit, may, within twenty-eight clear days from the
signing and sealing of the case, transmit it in the manner
prescribed, and give the like notice to the ajDpellant of such
transmission.
9. When the Court of Appeal has pronounced j udgment, Judgment
-either party may deposit the same, or an office copy thereof, "^^ Court
i^vith. the registrar of the county court, and upon being so ? PP^*^
deposited.
294 Agricultural Holdings [England) Act, 1883.
Appndx. deposited such judgment sliall be filed and may be enforced'
c^'~~~, as if it bad been made by the county court.
Statutes. •' ■'
New trial. 10. A new trial, in pursuance of the order of the Court
of Appeal, shall be entered for trial at the county court
which shall be holden next after twelve clear days from the
time when such order or office copy thereof shall have been
deposited as aforesaid, unless the parties agree that it shall
take place sooner, or the judge otherwise order, and it
shall be conducted in the same manner as any new trial
granted by the county court itself.
Proceed- 11. If the order of the Court ot Appeal be that judgment
iiigs on shall be entered for either party, then such judgment shall
ju gment -^^ entered accordingly, and the successful party shall be at
Appeal. liberty to proceed on such judgment as on a judgment of
the county court.
Appeals by Motion.
Appeals. 12. The foregoing rules in this order shall not apply to
38 & 39 appeals by motion, but such appeals may be had under the
provisions of section six of the County Courts Act, 1875.
Vict. c. 50.
SUMMARY JURISDICTION ACT, 1879.
42 & 43 ViCT. Cap. 49.
An Act to amend the Law relating to the Summary
Jurisdiction of Magistrates. [11th August, 1879.]
Procedure 31. Where any person is authorized by this Act or by
ou appeal any future Act to appeal from the conviction or order of a
o genera ^.q^j.^ q£ summary iurisdietion to a court of general or
or quarter •' '' °
sessions, ciuarter sessions, he may appeal to such court, subject to
the conditions and regulations following :
(1.) The appeal shall be made to the prescribed court of
general or quarter sessions, or if no court is prescribed.
42 ^ 43 Vict. Cap. 49. 295
to the next practicable court of general or quarter Appndx.
sessions having jurisdiction in the county, borough, or g, , ,
place for which the said court of summary jurisdiction
acted, and holden not less than fifteen days after the
day on which the decision was given upon which the
conviction or order was founded ; and
(2.) The appellant shall, within the prescribed time, or
if no time is prescribed within seven days after the
day on which the said decision of the court was given,
give notice of appeal by serving on the other party
and on the clerk of the said court of summary juris-
diction notice in writing of his intention to appeal,
and of the general grounds of such appeal ; and
(3.) The appellant shall, within the prescribed time, or
if no time is prescribed within three days after the
day on which he gave notice of appeal, enter into
a recognizance before a court of summary jurisdiction,
with or without a surety or sureties, as that court may
direct, conditioned to appear at the said sessions and
to try such appeal, and to abide the judgment of the
court of appeal thereon, and to pay such costs as may
be awarded by the court of appeal, or the appellant
may, if the court of summary jurisdiction before whom
the appellant appears to enter into a recognizance
think it expedient, instead of entering into a recog-
nizance, give such other security, by deposit of money
with the clerk of the court of summary jurisdiction or
otherwise, as that court deem sufficient ; and
(4.) Where the appellant is in custody, the court of
summary jurisdiction before whom the appellant
appears to enter into a recognizance may, if the court
think fit, on the appellant entering into such recog-
nizance or giving such other security as aforesaid,
release him from custody ; and
(5.) The court of appeal may adjourn the hearing of the
appeal, and upon the hearing thereof may confirm,
reverse, or modify the decision of the court of sum-
mary jurisdiction or remit the matter, with the opinion
296
Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.!
of the court of appeal thereon, to a court of summary"
jurisdiction acting for the same county, borough, or
place as the court by whom the conviction or order
appealed against was made, or may make such other
order in the matter as the court of appeal may think
just, and may by such order exercise any power which
the court of summary jurisdiction might have exer-
cised, and such order shall have the same effect, and
may be enforced in the same manner, as if it had been
made by the court of summary jurisdiction. The
court of appeal may also make such order as to costs
to be paid by either party as the court may think just;
and
(6.) Whenever a decision is not confirmed by the court
of appeal, the clerk of the peace shall send to the
clerk of the court of summary jurisdiction from whose
decision the appeal was made, for entry in his register,
and also indorse on the conviction or order appealed
against, a memorandum of the decision of the court of
appeal, and whenever any copy or certificate of such
conviction or order is made, a copy of such memoran-
dum shall be added thereto, and shall be sufficient
evidence of the said decision in every case where such
copy or certificate would be sufficient evidence of such
conviction or order ; and
(7.) Every notice in writing required by this section to
be given by an appellant shall be in writing signed by
him, or by his agent on his behalf, and may be trans-
mitted as a registered letter by the post in the ordinary
way, and shall be deemed to have been served at the
time when it would have been delivered in the ordi-
nary course of the post.
County Court Rules, 1875, 0. 19. 297
COUNTY COURTS ACT, 1846. Appndx.
9 & 10 Vict. Cap. 95. ^*"*^*''-
An Act for the more easy Recovery of Small Debts and
Demands in England. [28tli August, 1846.]
94. And be it enacted, that whenever the judge shall Court may
liave made an order for the payment of money, the amount ^^^rd
GXGCutlOll
shall be recoverable, in case of default or failure of pay- against
ment thereof forthwith, or at the time or times and in the goods,
manner thereby directed, by execution against the goods
and chattels of the party against whom such order shall be
made ; and the clerk of the said court, at the request of the
party prosecuting such order, shall issue under the seal of
the court a writ of fieri facias as a warrant of execution to
the bailiff of the court, who by such warrant shall be em-
powered to levy, or cause to be levied, by distress and sale
of the goods and chattels of such party, such sum of money
as shall be so ordered, wheresoever they may be found
within the district of the court, whether within liberties or
without, and also the costs of the execution ; and all con-
stables and other peace officers within their several juris-
dictions shall aid in the execution of every such warrant.
COUNTY COURT RULES, 1875.
ORDER XIX. (ENFORCEMENT OF JUDGMENTS
AND ORDERS).
1, Every order for the payment of money may be en- Enforce-
forced in the same manner as a judgment for debt or "^ont of
damages is enforced under section 94 of the County Courts °^ ^^ T"^
Act, 1846. ■ * mYnV
298
Agricultural Holdings {England) Act, 1883.
Appndx.
Statutes.
Date of
warrants of
execution.
Where de-
fault
made, exe-
cution
may issue.
Warrants of Execution against the Goods.
2. Warrants of execution against the goods shall bear
date on the day on which they are issued, and shall continue
in force for twelve calendar months from such date and na
Indorse-
ment on
warrant.
Concur-
rent war-
rants.
longer.
3. Where a defendant has made default in payment ot
the whole amount awarded by the judgment, or where the
judgment was for payment by instalments of an instalment
thereof, a warrant of execution, without leave of the court,
may issue against his goods ; and such execution shall be
for the whole amount of the judgment and costs then re-
maining unsatisfied, unless in the case of instalments the
judge shall otherwise specially direct in each case.
4. The registrar shall, on issuing a warrant of execution
against the goods, indorse on such warrant the amount to
be levied, distinguishing the amount adjudged to be paid,
and the amount of the fee for issuing the warrant ; and shall
prepare and deliver to the bailiff with the warrant a notice
according to the form in the Schedule duly annexed ; and
the bailiff, upon levying, shall deliver such notice to the
party against whom the execution has issued, or leave the
same at the place where the execution is levied.
6. Warrants of execution against the goods may be issued
concurrently into one or more districts, provided that the
costs of more than one warrant shall not be allowed against
the execution debtor unless by order of the court.
57 Geo. 3, Cap. 93.
1. No person whatsoever making any distress for rent,
where the sum demanded and due shall not exceed the sum
of twenty pounds for and in respect of such rent, nor any
person whatsoever employed in any manner in making such
distress or doing any act whatsoever in the course of such
not exceed distress, or for carrying the same into effect, shall have
20^. totake take, or receive, out of the produce of the goods or chattels
No person
making
any dis-
tress for
rent where
the sum
due shall
57 Geo. 3, Cap. 93. 29^-
distrained upon and sold, or from the tenant distrained on Appndx.
or from the landlord, or from any other person whatsoever —
any other or more costs and charges for and in respect of statutes.
such distress, or any matter or thing done therein, than such '^^^'^
„,,'',.. ° , , ' , charges
as are iixed and set lortli m the schedule hereunto annexed, ^\^^^^ men-
and appropriated to each act which shall have been done in tioned in
the course of such distress ; and no person or persons what- ^^^^ sche-
soever shall make any charge whatsoever for any act, ^'
matter, or thing mentioned in the said schedule, unless yg,. i^
such act shall have been really done. charge for
2. And be it further enacted, that if any person or persons really
whatsoever shall in any manner levy, take, or receive from done,
any person or persons whatsoever, or retain or take from Party ag-
the produce of any goods sold for the payment of such rent, p'leved by
any other or greater costs and charges than are mentioned practice
and set down in the said schedule, or make any charge may apply
whatsoever for any act, matter, or thing mentioned in the to a justice
said schedule, and not really done, it shall be lawful for the *^
party or parties aggrieved by such practices to apply to any
one justice of the peace for the county, city, or town, and
acting for the division where such distress shall have been
made or in any manner proceeded in, for the redress of his,
her, or their grievance so occasioned ; whereupon such jus-
tice shall summon the person or persons complained of to
appear before him at a reasonable time to be fixed in such
summons ; and such justice shall examine into the matter Justice
of such complaint by all legal ways and means, and also V'^Y ^^^'
hear in like manner the defence of the person or persons treble the
complained of ; and if it shall appear to such justice that amount of
the person or persons complained of shall have levied the moneys
taken, received, or had other and greater costs and charges ^'dawf ully
than are mentioned or fixed in the schedule hereunto j^g j^jj
annexed, or made any charge for any matter or thing men- with costs ;
tioned in the said schedule, such act, matter, or thing not which may
having been really done, such justice shall order and adjudge ^° levied
treble the amount of the moneys so unlawfully taken to be
paid by the person or persons so having acted to the party
or parties who shall thus have preferred his, her, or their
300
Agricultural Holdings {England) Act, 1883.
Appndx.
statutes;
If com-
plaint un-
founded,
justice may
give costs
to the
]iarty com-
plained
against.
No judg-
ment to be
given
jigainst
any land-
lord unless
he person-
ally levies
the dis-
tress.
Parties not
to be
barred of
other legal
remedies.
complaint thereof, together with full costs ; and in case of
uon-2)ayment of any moneys or costs so ordered and adjudged
to be paid, such justice shall forthwith issue his warrant to
levy the same by distress and sale of the goods and chattels
of the party or parties ordered to pay such moneys or costs,
rendering the overplus (if any) to the owner or owners, after
the payment of the charges of such distress and sale ; and
in case no sufficient distress can be had, such justice shall
by warrant under his hand commit the party or parties to
the common gaol or prison within the limits of the juris-
diction of such justice, there to remain until such order or
judgment be satisfied.
4. And be it further enacted, that it shall be lawful for
such justice, if he shall find that the complaint of the party or
parties aggrieved is not well founded, to order and adjudge
costs, not exceeding twenty shillings, to be paid to the
l^arty or parties complained against ; which order shall be
carried into effect, and levied and paid in such manner, and
with like power of commitment, as is hereinbefore directed
as to the order and judgment founded on such original
complaint ; Provided always, that nothing herein contained
shall empower such justice to make any order or judgment
against the landlord for whose benefit any such distress shall
have been made, unless such landlord shall have personally
levied such distress ; Provided always, that no person or
persons who shall be aggrieved by any distress for rent, or
by any proceedings had in the course thereof, or by any
costs or charges levied upon them in respect of the same
shall be barred from any legal or other suit or remedy which
he, she, or they might have had before the passing of this
Act, excepting so far as any complaint to be preferred by
virtue of this Act shall have been determined by the order
and judgment of the justice before whom it shall have been
heard and determined ; and which order and judgment shall
and may be given in evidence, under the plea of the general
issue, in all cases where the matter of such complaint shall
be made the subject of any action.
Countij Court Rules, 1875, 0. 30. 301
COUNTY COURT RULES, 1875. Appndx.
ORDER XXX.— (SECURITY.) Statutes,
1. In all cases where a party proposes to give a
bond by way of security, he shall serve, by post or
otherwise, on the opposite party and the registrar, at
his office, notice of the proposed sureties according
to the form in the schedule, and the registrar shall
forthwith give notice to both parties of the day and
hour on which he proposes that the bond shall be
executed, and shall state in the notice to the obligee
that should he have any valid objection to make to
the sureties, or either of them, that it must then be
made.
2. The sureties shall make an affidavit of their
sufficiency according to the form in the schedule,
unless the opposite party shall dispense with such
affidavit.
3. The bond shall be executed in the presence of
the judge or registrar, or a commissioner of the
Supreme Court of Judicature.
4. Where a party makes a deposit of money in lieu
of giving a bond, he shall forthwith give notice to
the opposite party, by post or otherwise, of such
deposit having been made.
5. In all cases where the security is by bond, the
bond shall be deposited with the registrar until the
action be finally disposed of.
6. No registrar, deputy registrar, registrar's clerk,
bailiff, broker, or other officer of the court, shall be-
come surety in any case where, by the practice of the
court, security is required.
t502 Agricultural Holdings [England) Act, 1883.
Appndx. INDEX TO STATUTES, &c., PRINTED IN
APPENDIX.
STATUTES.
PAGE.
57 Geo. 3, c. 93, 68. 1, 2, 4 298
(distress.)
9 & 10 Vict. c. 95, s. 94 297
(execution : County Courts Act, 1846.)
19 & 20 Vict. c. 108, ss. 43, 44 290
(mandamus : County Courts Act, 1856.)
21 & 22 Vict. c. 74, s. 4 291
(mandamus : County Courts Act, 1858.)
38 & 39 Vict. c. 92 234
(Agricultural Holdings (England) Act, 1875.)
39 & 40 Vict. c. 74 255
(Agricultural Holdings Act, 1875, Amendment
Act, 1876.)
42 & 43 Vict. c. 49, B. 31 294
(appeal : Summary Jurisdiction Act, 1879.)
46 & 47 Vict. c. 61 257
(Agricultural Holdings (England) Act, 1883.)
Index to County Court Rules.
303
COUNTY COURT RULES, 1875.
Order xix
(enforcement of judgments.)
Order xxix
(appeal by special case.)
Order XXX
(security.)
Order xxxiv.
(Agricultural Holdings Act, 1875.)
Order xxxviii
{id.)
Appndx.
PAGE.
297
291
301
287
289
304 Agricultural Holdings {England) Act, 1883,
Appndx. APPENDIX.
Forms.
FORMS.
Sect. 2, 1. Application for landlord's declaration of consent to making
sub-sect. improvement in Parts I. or II. fif First Schedule
^ '' executed leforc \st January, 1884.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby request that you will declare your con-
sent in writing to the making of the following improve-
ments, which were made iipon the holding known as
[insert nam,e of holding^ in the parish of , &c.,
at the following dates [specify improvements and
give date at which each improvement was executed; the im-
provements must have been made within ten years before the 1st
January, 1884]. The said improvements are improvements
mentioned in the first [or second] part of the First Schedule
of the said statute, and I am not entitled to compensation
for the same under anj'- contract, custom, or the Agricul-
tural Holdings (England) Act, 1875.
(Signed) C. D. [tenant).
Address .
Date .
To A. B. {landlord).
(2).
Sect. 2, 2. Consent of landlord to improvement in Parts I. or II. of
sub-sect. i]ie, First Schedule executed before \st January, 1884.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby declare my consent to the making of
the improvements hereinafter sjjecified executed by you
before the 1st day of January, 1884, the same being im-
provements mentioned in the first [or second] part of the
First Schedule to the said statute.
Appendix — Forms. 305
1. Erecting barn. Appndx.
2. Planting with hops the field known as Long Acre „ '
.-^ « ,^ ? Porms.
[6a. 3r. 12p.]
[The improvements, <&c., consented to should he clearly
specified.']
(Signed) A. B. \landlord.'\
[This must be signed by the landlord himself.]
Address .
Date .
To G. D. (tenant).
3. Authority hy landlord to his agent to act under the Act. Sects. 3, 4.
I, A. B., of [insert name and address of landlord],
hereby authorise you, E. F., of [insert name and address
of agent], to act as agent on my behalf in all matters
arising under the Agricultural Holdings (England) Act,
1883 [or if for some special purpose, to act as agent on my
behalf for the purpose of consenting to the execution by my
tenants [or by X. Y., one of my tenants], of improvements
mentioned in the first part of the First Schedule of the
Agricultural Holdings (England) Act, 1883 {or of the
improvement mentioned in the first part of the First
Schedule of the Agricultural Holdings (England) Act,
1883, as " planting hops," &c.)]
(Signed) A. B. [landlord].
Address .
Date .
To E. F. [agent].
4. Application for landlord's consent to improvement in Part Sect. 2.
I. of First Schedule to be made after 1st January, 1884.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby request that you will give written con-
sent to the execution by me on the holding known as
[insert name of holding], in the parish of , &c.,
X
306 Agricultural Holdings [England] Act, 1883.
Appndx. <^f tlie improvements hereinafter specified, the same being
improvements mentioned in. the first part of the First
Forms. Schedule of the said statute.
Erecting barn on north side of farmyard [describe in-
tended size and estimated cost\
■ &c. &c.
lAll intended improvements should be accurately described J]
(Signed) C. D. [tenantl.
Address .
Date .
To A. B. [landlord].
Sect. 3. 5_ Consent of landlord to improvement in Part I. of the First
Schedule executed after the \st January, 1884.
In pursuance of the Agricultural Holdings (England
Act, 1883, I [or I, on behalf of A. B.\ hereby consent to
the execution by you of the improvements following
[specify clearly the improvements consented to], the same being
improvements mentioned in the first part of the First
Schedule to to the said statute ; [if conditional consent is
given, continue, on condition only of our coming to an agree-
ment as to the mode of execution, and the amount of com-
pensation payable in respect thereof.]
(Signed) A. B. [landlord'],
[or E. F., agent].
Address .
Date .
To C. D. [tenant].
[The landlord may add any conditions as to compensa-
tion or otherwise, and the acceptance of such conditions will
be a matter for subseq^uent agreement.]
Appendix — Forms. 307
'B. Agreement between landlord and tenant under section 3 as Appndx.
to execution of improvements in Part I. of First
c/ 7 7 7 Forms.
bchedule.
Memorandum of agreement made the
day of, &c., between A. B., of, &c.
[landlord, or X. Y. (agent) on behalf of A. B.'],
hereinafter called the landlord, which shall in-
clude the landlord, his heirs, executors, ad-
ministrators, and assigns, of the one part, and
C. D. {tenant'], of, &c., hereinafter called the tenant, which
shall include the tenant, his executors, administra-
tors, and assigns, of the other part. Whereas the said
O. D; being tenant of the holding known as [insert
name of holding'] in the parish of M., in the county of N., is
desirous of erecting a barn on the said holding, the same
being an improvement mentioned in the first part of the
First Schedule of the Agricultural Holdings (England)
Act, 1883, and the landlord has consented to the execution
of the said improvement upon the terms and conditions
hereinafter contained : Now it is hereby agreed by and
■between the said landlord and tenant as follows : —
1. The said barn shall be built upon the north side of,
&c., in accordance with the specification contained
in the schedule hereto.
2. The cost of the said building shall not exceed
£ .
The work shall be executed to the satisfaction of the
agent or surveyor of the landlord, whose certificate
that the work has been properly executed shall be
conclusive.
Upon obtaining such certificate the tenant shall be
entitled in respect of the said improvement to the
compensation following, and no other, that is to say :
if the tenant quit the said holding at the determina-
tion of a tenancy before the expiration of twenty years,
he shall be entitled, on so quitting, to receive from the
landlord a sum equal to the cost of the said improve-
ment less an annual deduction of one-twentieth part of
x2
30^ Agricultural Holdings {England) Act, 1883.
Forma.
Appndx. sucli cost for every year after the execution of tlie
said improvement that the tenant shall have re-
mained in the said holding as tenant thereof ; hut
if the tenant remain in the said holding as tenant
thereof for a longer period than twenty years after
the execution of the said improvement, the same
shall then be deemed to be exhausted, and the
tenant shall not be entitled to any compensation in
respect thereof.
In witness, &c.,
A. B.
a D.
Witness, E. F.
The Schedule above-mentioned
[Set out the- specification of the building.]
[The terms of the agreement raust be varied to suit the
case, and the landlord and tenant may agree upon any terms
they choose. An agreement of this kind cannot be avoided
as inconsistent with the policy of the Act.]
Sect. 4. 7. Notice by tenant of his intention to execute drainage
works.
I hereby give you notice in pursuance of the Agricul-
tural Holdings (England) Act, 1883, that it is my intention
to execute on the holding of which I am tenant, known as
[insert name of holding], in the parish of , &c., the
drainage works of which particulars are given in the
schedule to this notice, and that the said works will
be executed in the manner particularized in the said
schedule.
I (Signed) G. D. [tenant].
Date .
Address .
To A. B. [landlord].
[Address, cfcc]
Appendix — Forms.
309
The Schedule above-mentioned.
Piper's Waste.
32a. 2r. 6p.
Tile drainage.
Appndx.
Forma.
Small plan.
[Set out very accurately with refer-
ence to plan the particulars of
the mode in which the tenant
intends to execute the work, &c.,
ct'c]
&c., &c.
[This notice may be sent to the landlord's agent, if he is
duly authorized to receive it, but in most cases it will be
safer to send it to the landlord.]
The particulars should be as accurate as possible, and
should be prepared by a surveyor; deviation from the par-
ticulars given may be fatal to the tenant's right to compen-
sation.
The works must be commenced not more than three
months, and not less than two months, after this notice
has been given to the landlord or his authorized agent.
8. Agreement for execution of drainage works by tenant after Sect. 4.
notice by tenant.
Memorandum of agreement made the
day of, &c., between A. B., of, &c.
[landlord, or X Y. (agent) on behalf of A. B.],
hereinafter called the landlord, which shall
include the landlord, his heirs, executors,
administrators, and assigns of the one part,
and C. D. [tenant] of, &c., hereinafter called the tenant,
which shall include the tenant, his executors, adminis-
trators, and assigns of the other part : Whereas the said
310 Agricultural Holdings [England) Act, 1883.
Forms.
Appndx. C. D., being tenant of the holding known as [insert name of
holding], in the parish of M., in the county of N., has in
pursuance of the Agricultural Holdings (England) Act,
1883, given notice in writing, dated the day of,
&c., to the landlord of the said holding that it is his inten-
tion to execute drainage works upon the said holding,,
whereof particulars are set out in the schedule to the said
notice: And whereas the landlord and tenant have agreed
that [the said particulars of the said works shall be
varied, and that the said works shall be executed in the
manner siDccified in the schedule to this agreement, and
that] the cost of executing the said works shall be borne
as hereinafter mentioned: Now it is hereby agreed by and
between the landlord and tenant as follows: —
1. The tenant shall supply all the labour and materials
necessary for the due execution of the said works at
his own cost, but the whole cost of the same shall
not exceed £ .
2. The said works shall be executed by the tenant
within one year from the date hereof to the satisfac-
tion of the agent or surveyor of the landlord, whose
certificate that the said works have been properly
executed shall be conclusive.
3. Upon obtaining such certificate the tenant shall be
entitled in respect of the said improvement to the
compensation following and no other, that is to say :
if the tenant quits the said holding at the determina-
tion of a tenancy before the expiration of sixteen
years, he shall be entitled, on so quitting, to receive
from the landlord a sum equal to the cost of the said
improvement, less an annual deduction of one-
sixteenth part of such cost for every year after the
execution of the said improvement that the tenant
shall have remained in the said holding as tenant
thereof; but if the tenant remain in the said
holding as tenant thereof for a longer period than
sixteen years after the execution of the said im-
Appendix — Forms. 311
provement. the same shall then be deemed to be Appndx.
exhaiisted, and the tenant shall not be entitled to
any compensation in respect thereof. Provided
always that the tenant shall not in any case be
entitled to compensation in respect of the said
improvement if at the time of his q[uitting the said
holding the said drainage works are not in a fair
state of repair, which in case of dispute shall be
determined by a referee or referees and umpire to
be appointed by the landlord and tenant in the
manner provided for the appointment of a referee
or referees and umpire by the Agricultural Holdings
(England) Act, 1883.
In witness, &c.,
(Signed) A. B.
G.D.
"Witness, E. F.
The Schedule above referred to.
Specification of works.
Small plan.
[The terms of this agreement must be varied to suit the
case. If notice by the tenant has been dispensed with, it
should be so stated. Any terms as to compensation or
otherwise may be agreed upon. An agreement of this
kind cannot be avoided as depriving the tenant of any
right to compensation under the Act.]
312 Agricultural Holdings [England) Act, 1883.
Appndx. 9. Landlord's undertaking to execute drainage worJcs himself.
Forms. In pursuance of tlie Agricultural Holdings (England)
Sect. 4. Act, 1883, I hereby give you notice that I undertake to
execute such drainage works as may be necessary on the
land referred to in your notice dated the day of
, 18 , viz., the field called Piper's Waste, about
32a. 2r. 6p., the same being a parcel of the holding known
as [name of holding~\; and I further give you notice not to
proceed with the execution of the drainage works men-
tioned in your said notice.
Dated the day of , 18
(Signed) A. B. [landlord'].
Address
To C. D. [tenant}.
Sect. 4. 10. Notice of charge by landlord on tenant for drainage works
executed by landlord.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby give you notice that I have executed
the necessary drainage works on the field called Piper's
Waste, about 32a. 2r. 6p., parcel of the holding known as
[name of holding], in the manner set out in the schedule
hereto, and that the outlay incurred by me in executing
the said works was the sum of ^300; and I hereby charge
you with the annual payment to me, my executors, admi-
nistrators, and assigns for the period of twenty-five years
from the date of this notice, or for such less time as you
may continue in the holding as tenant thereof, of the sum
of £\7 14s. 6d., the same being such sum as will repay the
said outlay in the period of twenty-five years, with interest
at the rate of three per cent, per annum [or with the
annual payment to me, my executors, administrators, and
assigns from the date of this notice of the sum of ^15, the
same being interest at the rate of five per cent, per annum
Appendix — Forms, 313
•on the said outlay]. And take notice tliat the first pay- Appndx.
ment will be due at the expiration of one year from the _,
, , , P ^ •' Forms,
•date hereoi.
Dated the day of , 18
(Signed) A. B. [landlord^.
Address
To a D. [tenanq.
The above-mentioned Schedule.
[Set out details of drainage works done."]
11. Notice hy tenant to landlord of the tenanlfs intention to Sect. 7,
claim compensation.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby give you notice that I intend to claim
compensation under the said statute for improvements exe-
cuted on the holding known as [insert name of holding], in the
parish of , in the county of [here state the
nature of improvements for which compensation is claimed in
the following or similar form, according to the circumstances
of the case\
Erecting new barn on north side of farm-yard
in the year 18 , for which I claim... ... £
Making and planting fences between Home
Mead and Ten-acre Piece, 80 yards, in the
year 18 , for which I claim... ... ... £
Tile draining Rook Marsh, 23a. 2r. I7p., in the
year 18 , for which I claim... ... ... £
Boning Ken Bottom, 17a. Or. 6p., with 2 tons
of undissolved bones, in the year 18 , for
which I claim ... ■ £
Liming Marrables, 12a. 3r. 18p., with 3 tons of
lime, in the year 18 , for which I claim ... £
&c., &c.
Applying — tons of superphosjphate to mangold
crop on Sheldons in the year 18 , for wliich
X. CXdi-lIX ■•• ••• ••• ••• ••• ••• <£' ■ ■
&c,, &c.
314
Agricultural Holdings [England] Act, 1883.
Appndx
Forms.
consumed on the
, for wliich I claim £—
consumed on the
, for which I claim £—
15 tons of linseed oilcake
holding in the year 18
12 tons of linseed oilcake
holding in the year 18
&c., &c.
\If the tenant intends to claim compensation from landlord,
for breach of covenant or agreement by the landlord, add ;]
And further take notice that I intend to claim com-
pensation under the above Act for the breach by you of an
agreement [or covenant] to [insert loords of the agreement
applying to the matter complained of, and if same is in
ioriting, add, dated the day of , 18 ].
Dated the day of , 18
Address ■
(Signed) G. D. [tenant].
To C. D. [landlord].
Sect. 7. 12. Counter-notice hy the landlord to tenant of landlord's
intention to claim for waste or breach of covenant, dx.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby give you notice that I intend to claim
from you compensation under the said statute for the
following acts of waste or breaches of covenant or agree-
ment [set out seriatim the various acts of waste or breaches of
covenant, &c.,for which compensation is claimed].
Dated the day of , 18
Address •
(Signed) A. B. [landlord].
To C. D. [te^iant].
Appendix — Forms. 315
13. Agreement between landlord and tenant as to amount of Appndx.
compensation, after notice by tenant of his intention ""
to claim: „ . r. '
Sect. 8.
Memorandum of agreement made the.
day of , 18 , between A. B. \landlord\
of the one part, and C. D. [tenant'] of, &c., of the
other part. Whereas the said C. D., being
tenant of the holding known as [name of
holding] in the parish, &c., whereof the said
A. B. is landlord, and being about to quit the said
holding at the determination of his tenancy thereof duly
served notice, .dated the day of , 18 ,
on the said A. B. of his intention to claim compensation
under the Agricultural Holdings (England) Act, 1883, in
respect of improvements executed on the said holding and
specified in the said notice : And whereas the said A. B. and
C D. have agreed upon the amount to be paid by the said
A. B. to the said G. D. as compensation in respect of all
improvements executed upon the said holding for which
the said G. D. is entitled to compensation under the said
statute, it is hereby agreed and declared by and between
the said A. B. and C. D. as follows :
1. The said A. B. shall within one month from the date
hereof pay to the said C. D. as compensation under the
said statute the sum of £ .
2. The said C. D. shall accept the said sum of £-
in full discharge of all claims for compensation in
respect of all improvements executed on the said
holding to which he may be entitled under the Agri-
cultural Holdings (England) Act, 1883, or under any
other statute or under any custom of the country or
agreement or otherwise.
In witness, &c.,
A.B.
"Witness, E. F. 0. D.
316
Agricultural Holdings [England) Act, 1883.
Appndx.
Forms.
Sect. 9,
sub-sect.
14, Joint appointment by landlord and tenant of a single
referee.
In pursuance of the Agricultural Holdings (England)
Act, 1883, we, A. B., of, &c. [landlord's name and address'],
and G. D., of [tenant's name and address], do hereby
jointly appoint X. Y., of [referee's name and address],
as referee to settle the amount, mode and time of
payment of the compensation to be paid under the said
Act, on the said C. D.'s quitting the holding known as
[ fill in name of holding] at the determination of his tenancy
thereof.
Dated the day of , 18
(Signed) A. B.
C. D.
Sect. 9,
sub-sect.
<2).
15. Notice requiring single referee to act.
In pursuance of the Agricultural Holdings (England)
Act, 1883, yoiT, having been appointed single referee in a
reference between A. B., of [landlord's name and address],
and G. D., of [tenant's name and address], under the said
Act, are hereby required to proceed to act in the said
reference within seven days from the date hereof, otherwise
your appointment as referee will be void.
Dated the ■ day of , 18
(Signed) A. B. [landlord],
or,
G. D. [tenant] ;
or,
A.B.
G. D.
[as the case may he].
To X. Y. [name and address of referee].
Appendix — Forms. 317
16. Appointment of referee hy landlord or tenant. Appndx.
In pursuance of the Agricultural Holdings (England) Forms.
Act, 1883, I hereby appoint X. Y. to act as referee on my Sect. 9,
behalf in the reference between me and G. D. [or A. B.] sub-sect,
under the said Act. C^/*
Dated the day of , 18
(Signed) A. B. [landlord],
or,
C. D. [tenanf]
[as the case may he].
17- Notice requiring one of two referees to act. Sect. 9,
In pursuance of the Agricultural Holdings (England) m\
Act, 1883, you, having been appointed a referee in a
reference under the said Act, between me and C D.{or
A. B.], are hereby required to proceed to act in the
said reference within seven days from the date hereof, other-
wise your appointment as referee will be void.
Dated the day of , 18
(Signed) A. B. [landlord],
or,
C. D. [tenant]
[as the case may he].
To [name and address of referee.]
18. Appointment of referee in place of one who has died, or Sect. 9,
become incapable, or refused to act. sub -sect.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby appoint Y. Z. [name and address of neio
referee], to act on my behalf in the reference now depending
between me and G. D. [or A. B. as the case may he], under
the said Act, in the place of X. Y., deceased [or who has
failed to act, or who has become incapable of acting].
Dated the day of ■, 18
(Signed) A. B. [or G. D.]
318 Agricultural Holdings {England) Act, 1883.
Appndx. 19. Notice hy one party to the other of appointment of referee.
Forins. In pursuance of tlie Agricultural Holdings (England)
Sect. 9, Act, 1883, I hereby give you notice that I have appointed
sub-sect. X. Y. [fill in name and address of referee] as my referee in
^ ■'■ the reference under the said Act between us.
Dated the day of , 18
(Signed) A. B. [landlord],
or,
C. D. [tenant]
[as the case may he].
To G. D. [or A. B., as the case may be].
Sect. 9, 20. Notice hy one party to the other to appoint referee.
sub-sect.
(6.) In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby give you notice to appoint, within 14
days from the date hereof, some person to act as referee on
your behalf in the reference under the said Act now
depending between us. And in default of your making
such appointment application will forthwith be made to the
judge of the county court to apjaoint a person to act as
referee on your behalf in the said reference.
Dated the day of , 18
(Signed) A. B. [landlord],
or,
G. D. [tenant]
[as the case may he].
To G. D. [or A. B., as the case may be].
Sect. 9, 21. Appointment of umpire hy referees.
«ub-sect.
(7). In pursuance of the Agricultural Holdings (England)
Act, 1883, we, having been appointed referees in a reference
under the said statute, between A. B., of [landlord's name
and address], and G. D., of [tenant^s name and address], do
Appendix — Forms. 319
"hereby appoint [umpire^s name and address] to act as umpire Appndx.
in the said reference.
Dated the day of , 18 . . '
(Signed) E. F. [landlord's referee'].
X. Y. [tenant's referee].
22. Appointment of umpire by referees in place of one dying or Sect. 9.
bocoming incapable of acting. sub-sect.
In pursuance of the Agricultural Holdings (England)
Act, 1883, we, having been appointed referees in a reference
now depending between A. B., of [landlord's name and
address], and C. D., of [tenant's name and address], under the
said statute, do hereby appoint [new umpire's name and
address] to be umpire in the said reference in the place of
[previous umpire's name], deceased [or who has become in-
capable of acting].
Dated the day of , 18
E. F. [landlord's referee].
X. Y. [tenant's referee].
23. Request to referees by either party to appoint umpire. Sect. 9,
In pursuance of the Agricultural Holdings (England) ^ub-sect.
Act, 1883, I hereby require you to appoint within seven
days from the date hereof an umpire [or another um-
pire in tlie place of X. Y.], to act in the reference now de-
pending between me and C. D., of, &c. [or A. B., of, &c.],
under the said Act. In default of your making such ap-
pointment aj^plication will forthwith be made to the judge
of the county court to appoint an umpire in the said reference.
Dated the day of , 18
(Signed) A. B. [landlord],
or,
C. D. [tenant]
[as the case may be].
To [names and addresses of both referees].
[This notice must be sent to both referees.]
320 Agricultural Holdings {England) Act, 1883.
Appndx. 24. Notice requiring umpire to be appointed by the Land Gom-
_, missioners for Enqland.
Forms. •' "^
Sect. 10, In pursuance of the Agricultural Holdings (England)
sub-sect, ^g^^ 1883, I hereby give notice tliat I require the umj)irey
^ '' in the reference now depending between us under the said
statute, to be appointed by the Land Commissioners for
England.
Dated the day of 1 8 .
(Signed) A. B. [landlord],
or,
C. D. [tenant']
[as the case may be].
To G. D. (tenant),
[or A. B. (landlord)].
[The party serving this notice should acquaint his referee^
with the fact.]
(2).
Sect. 10, 25. Notice requiring umpire to be appointed by the county
sub-sect. court.
In pursuance of the Agricultural Holdings (England)'
Act, 1883, I hereby give notice that I require the umpire,
in the reference now depending between us vinder the said
statute to be appointed by the county court.
Dated the day of , 18 .
(Signed) A. B. [landlord\
or,
G. D. [tenant]
[as the case may be'].
To G. D. (tenant),
[or A. B. (landlord) ].
[The party serving this notice should acquaint his refere&
with the fact.]
Appendix — Forms, 321
26. Notice of dissent from appointment of umpire by county Appndx.
court. „
lorms.
In pursuance of the Agricultural Holdings (England) ^^*' ^?^'
Act, 1883, I hereby give notice that I object to the appoint- (2).
meut by the county court of an umpire in the reference now
depending between us under the said statute.
Dated the day of , 18 .
(Signed) A. B. [landlord],
or,
C. D. [tenanf],
To G. D. (tenant) [as the case may be].
[or A. B, {landlord) ].
27. Notice to produce documents at reference.
The Agricultural Holdings (England) Act, 1883. . Sect. 13.
In the matter of a reference between A. B. and G. D.
Take notice that you are required to produce before the
referee [or referees and umpire] in the said reference, at
o'clock, on the day of , 18 , at [state
place], all samples, vouchers, and documents relating to the
matters in question in the said reference, which are in your
possession or power, or which you can produce, more par-
ticularly the following :
[Describe samples, vouchers, and documents required.]
X. Y. [referee]
[or referees and umipire].
To [either party or
his solicitor].
28. Notice that reference will be proceeded with.
In the matter of a reference between A. B. and C. D. Sect. 14.
Take notice, that in pursuance of the Agricultural Holdings
(England) Act, 1883, the referee [or referees or umpire, as
Y
822
Agricultural Holdings {England) Act, 1883.
Appndx. the case may he] have fixed \^Jill in place, date, and hour]
Forms, for proceeding with the above reference, and that if you do
not attend, the same will be proceeded with in your
absence.
Dated the day of 18 .
(Signed)
[By referee or referees or umpire, or by any one by their
direction.']
To
Landlord or tenant, or his solicitor or agent.
29. Extension of time for delivering award by referees.
Sect. 16. In the matter of a reference between A. B. and C. D.,
under the Agricultural Holdings (England) Act, 1883.
We hereby extend the time for delivering our award in
this reference until the day of , 18 .
Dated the day of , 18 .
[This docu.ment must be executed within twenty-eight
days after the appointment of the last appointed of the
referees. The time must not be extended beyond forty-
nine days from such appointment.]
Sects. 17,
19, 21.
Tenant's
notice
under
sect. 7.
30. Award.
To all unto whom these presents shall come.
Whereas, in pursuance of the Agricultural Holdings
(England) Act, 1883, G. D. being tenant from year to year
[or describe nature of tenancy] of the holding known as
[insert name and situation of holding], and being about to
quit the said holding at the determination of his tenancy
thereof, duly gave to A. B., of [landlord's name and
address], the landlord of the said holding, notice in writing,
dated the day of , 18 , of his inten-
tion to claim as compensation in respect of each of the
Appendix — Forms. 323
following improvements the sums respectively set against Appndx.
the same as follows \_set out in full the particulars of tenants
claim, tuith amounts claimed]: xorms.
And whereas the said A. B. duly gave to the said C. D. Landlord's
counter-notice in writing of his intention to make a claim counter-
in respect of the following matters to the amounts respec- g^gt'^y
tively set out against the same as follows [set out in full the
particulars of the landlord's claim with amounts claimed]:
And whereas the said A. B. and C. D. being unable to Inability
agree on the amount, or mode, or time of payment of the to agree,
said compensation, it became necessary, under the pro- ^^'^^' ^•
visions of the said statute, that the difference between
them should be settled by a reference :
[And whereas the said A. B. and C. D. did by writing Appoint-
under their hands, dated the day of , ment of
18 , jointly appoint me, X. Y., to act as single referee in ^^"^'® ^
the said reference: Now I, the said X. Y., &c.] or ^^ ^^^^''
[And whereas the said A. B. did by writing under his appoint-
hand, dated the day of , 18 , appoint "'^"*^ °^
me, W. X., to act as referee on his behalf in the said refer- ^J^^ ^
ence, and the said C. D. did by writing under his hand, '
dated the day of , 18 , appoint me,
Y. Z., to act as referee on his behalf in the said reference:
Now we, the said W. X. and Y. Z., &c.]or
And whereas the said A. B. did by writing imder his or,
hand, dated the day of , 18 , appoint where
W. X. to act as referee on his behalf in the said reference, ''^^^''^
and the said C D. did by writing under his hand, dated ^^pire^
the day of , 18 , appoint Y. Z. to act
as referee on his behalf in the said reference : And whereas
the said W. X. and F. Z. did by writing under their
hands, dated the day of , 18 , appoint Appoint-
me, E. F., to act as umpire between them in the said refer- ™ent of
ence [adapt this last clause, if 'necessary, to case when the "™P"*®-
umpire was appointed by Lands Commissioners or county
court]:
And whereas the said W. X. and Y. Z. have not made Disagree-
any award concerning the matters referred, but have ™p"*^ °^
„ referees.
Y 2
324
Agricultural Holdings [England) Act, 1883.
Appndx.
Forms.
Compensa-
tion.
finally disagreed respecting the same: Now I, the said'
E. F., having taken upon myself the charge of the said
reference, and having duly taken evidence concerning the
matters in difference between the said parties, do make
and publish this my award as follows:
[The referees or umpire should deal with every item in the
particulars both of the tenant's and landlord's notice to show
that nothing has been overlooked in the atvard, otherwise it
may be sent back by the county court to be amended.'\
Improve-
ments in
Part I. of
Schedule.
Id.
Improve-
ment in
Part II. of
Schedule.
Improve-
ments in
Part III.
of
Schedule.
1. In respect of a barn erected on the north side of
the farmyard, I award to C. D. the sum of ... ... 200
Written consent by the landlord to the erection of
the said barn was given 10th September, 18 . The
said barn was completed in June, 18 .1 find that
the said improvement will be exhausted in. 18
2. In respect of making and planting fence between
Home Mead and Ten-acre Piece, about 80 yards, I
award nothing to G. D. The said fence was com-
pleted in March, 18 . The said improvement was
executed without the previous consent in writing of
the landlord.
3. In respect of tile draining the field known as
Rook Marsh, about 23a. 2r. Vl'^., I award to G. D. the
sum of ... 140
Notice of his intention to execute the said improve-
ment and of the manner of the execution was given by
G. D. on the 10th January, 18 . The said drainage
works were completed in November, 18 . I find
that the said improvement will be exhausted in 18
4. In respect of boning the pasture land known as
Kenbottom, about 17a. Or. 6p., with two tons of un-
dissolved bones, I award to C. D. the sum of 12
The said bones were applied in October, 18 .1
find that the said improvement will be exhausted in
18 .
Carried forward ^352
Appendix — Forms. 325
Brought forward ^352 Appndx,
5. In respect of liming the arable land known as p^s
Marrables, about 12a. 3r. lip., with three tons of
slacked lime, I award nothing to C D. The said lime
■was applied in October, 18 . The improvement ia
of no value to an incoming tenant.
6. In respect of 10 tons of superphosphate applied
to mangold crop in the field known as Sheddons, I
award to C. D. the sum of ... ... ... ... 25
The said manure was applied in September, 18
I find that the improvement will be exhausted in
18 .
7. In respect of 15 tons of linseed oilcake consumed
on the holding in 18 ,1 award nothing to C. I). I
find that the said improvement is exhausted.
8. In respect of 12 tons of linseed oilcake consumed
on the holding in 18 ,1 award to C. D. the sum of... 20
I find that the said improvement will be exhausted
in 18 .
Total £397
I further find that in respect of the said bam Deduc-
erected on the north side of the farmyard, the said tions.
A. B. allowed the said C. D. to take timber from the f ndJord^^
holding to make the beams and rafters thereof, for
Avhich I deduct ... ... ... ... ... ... 26
I find that the said C D. sold off the holding the Crops sold
following quantities of haj^, straw, and roots, at the off.
dates respectively set against the same, for which I
deduct the following sums :
Jrme 18. 20 tons of hay ... ... ... £15
July 18. 30 tons of straw 38
Jan. 18. 12 tons of mangold 18
■^b'-
71
Carried forward £97
326 Agricultural Holdings {England) Act, 1883.
Appndx. Brought forward £9T
I find that there is due from the said C. D. io A. B.
as rent for the quarter ending Michaelmas, 18 ... 46
I find that the said G. D. has allowed the fence and
gate between the fields known as The Mead and Pillie's
Ring to fall into disrepair, in breach of the covenant
in his lease to keep the same in repair, and I find the
amount necessary to repair the same to be 12
Forms.
Kent due.
Waste.
Total deductions ... ... ^155
Augmen- And I further find that the said A. B. covenanted in
tation. ^YiQ lease to G. D. to find timber for repair of gates, &c.,
landlord and that though duly requested on the 12th October,
18 , in that behalf, he has omitted to do so, and the
said G. D.was put to the expense of £4 in buying timber
for the repair of the following gates [specify them ^iiffi-
ciently for identification], and I therefore add to the
amount awarded to G. D. as compensation the sum of. . . £4
Sub- And 1 further find in respect of a well sunk by the
stituted gai(j (j. D. on the east side of the farm-house, that the
compeusa- ^^^^ improvement was executed by the said C D. in the
year 18 , upon the terms of an agreement made between
ment ^vca. and the said A. B., dated the day of
, 18 , and that in accordance with the terms of
the said agreement the said G. D. is entitled to the sum
of £28, and I therefore award to G. D. the said sum of 28
Total sum And I find and award that the whole sum due as com-
due to pensation from the said A. B. to C P., after taking into
^^^'^ • consideration the above-mentioned several matters in re-
duction and augmentation of the compensation, is £274.
Costs. And I further find and award that the said A. B. shall
bear his own costs of and incident to the reference, and
shall pay to G. D. one-half of the said C. D.h taxed costs of
and incident to the reference, and that the costs of the
referees and umpire shall be borne by the said A. B. and
C. D. in equal shares.
Appendix — Forms.
327
And I direct and award that the said A. B. shall pay to A.ppndx.
the said G. D. the said sum of £274 on the day p"T~
of , 18 \not less than one month from time when '
award is delivered]. pavment.
And I further direct and award that the said A. B. shall Payment
pay to the said G. D. the costs which he is by this award of costs,
directed to pay to the said G. D. one month after the same
have been taxed by the registrar of the coiinty court.
In witness whereof I have set my hand and seal this
day of
18
(Signed) E. F.
[This must be stamped with an ad valorem stamp accord-
ing to the amount finally awarded. The scale is, where
amount does not exceed £b, M. ; £10, 6d ; £20, Is. ;
£30, Is. U.; £40, 2s.; £50, 2s. 6rf.; £100, 5s.; £200, 10s.;
£500, 15s.; £750, £1; £1,000, £1 5s.; over £1,000, £1 15s.
(33 & 34 Vict. c. 97).]
31. Agreement for less than year's notice to quit.
Memorandum of agreement made the S&cL 33.
day of , 18 , between A. B. {land-
lord] of the one part and G. D. [tenant] of the
other part. It is hereby agreed by and be-
tween the said parties hereto that section 33 of
the Agricultural Holdings (England) Act, 1883,
shall not apply to the contract of tenancy entered into be-
tween the said parties on the day of , 18 ,
in respect of the holding known as [yiame of holding] in the
parish of M., in the county of N.
Dated the day of , 18 .
(Signed) A. B.
G.D.
328
Agricultural Holdings {England) Act, 1883.
Appndx.
Forms.
Sect. 34,
sub-sect.
(4.)
32. Notice hy tenant of intention to remove fixtures.
In pursuance of the provisions of the Agricultural
Holdings (England) Act, 1883, I hereby give you notice
that I intend, after the expiration of one mouth from the
date hereof, to remove the following fixtures erected hy
me on the holding known as [name of holding], in the
parish of , in the county of , viz.
[describe fixtures which tenant desires to remove].
Dated the day of , 18
To ^. JB. [landlord].
(Signed) C. D. [tenant.]
Sect. 34,
sub-sect.
(5.)
33. Notice by landlord of his election to take fixtures.
In pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby give you notice that I elect to pur-
chase [specify the 'particular fixtures which the landlord
desires to purchase] mentioned in your notice, dated the
day of , 18
Dated the day of , 18 ;
To C. D. [tenant].
(Signed) A. B. [landlord].
34. Notice by landlord to quit part of holding for special
purpose.
Sect. 41. Ill pursuance of the Agricultural Holdings (England)
Act, 1883, I hereby give you notice to quit and deliver up
to me, on the day of , 18 [this date
must be the same as that on tvhich the landlord could give
notice to quit entire holding], possession of [describe accu-
rately, and, if necessary, ivith reference to a plan, the part of
the holding which the tenant is required to quit], being part
Appendix — Forms. 329
of the holding known as [name of holding], situate in the Appndx.
parish of , in the county of ^ — . And I j,~g_
further give you notice that I require the said part of the
said holding for the purpose of [specify the purpose, which
must be one of those mentioned in section 41].
Dated the day of , 18 .
(Signed) A. B. [landlord].
To C. D. [tenant].
35. Notice by tenant that he accepts notice to quit part as
« notice to quit entire holding.
In pursuance of the Agricultural Holdings (England) Sect. 41.
Act, 1883, I hereby give you notice that I accept your
notice to quit of the • day of , 18 , as
notice to quit my entire holding, and that I shall deliver
up possession of the said entire holding at the expiration of
the current year's tenancy.
Dated the day of , 18
(Signed) C. D. [tenant].
To A. B. [landlord].
36. Request by tenant to remove goods distrained to auction
room or other place for sale.
In pursuance of the Agricultural Holdings (England) Sect. 50.
Act, 1883, I hereby request that the goods and chattels
distrained by you upon the holding known as [name and
situation of holding], whereof I am tenant, be removed for
sale to [state where].
Dated the day of , 18
(Signed) C. D. [tenant].
To [landlord or bailiff].
330 Agricultural Holdings {England) Act, 1883.
Appndx. 37. Request by owner to remove goods distrained to auction
PQPjjjg room or other place for sale.
Sect. 50. In pursuance of the Agricultural Holdings (England)
Act, 1883, 1, being owner of all the goods and chattels [or of
' the goods and chattels specified in the schedule hereto] dis-
trained by you upon the holding known as [name and
situatioyi of holding], hereby reQ[uest that the same may be
removed for sale to [state where].
Dated the day of , 18
To
[landlord or bailiff].
E. F. [owner].
The above-mentioned Schedule, &c., &c.
38. Request of extension of time to replevy.
Sect. 51. Id pursuance of the Agricultural Holdings (England)
Act, 1883, I, being tenant of the holding known as [name
and situation of holding], hereby request that the period
within which I may replevy the goods and chattels dis-
trained by you on the said holding be extended to the
day of , 18 [not more than fifteen days],
and I undertake to give such security as may be agreed
upon between us, or shall be fixed by the county court.
Dated the day of 18
C. D. [tenant],
To A. B. [landlord or bailiff],
[If this notice is given by the owner of the goods alter it
in the same way as Form 36 is altered in Form 37.]
39. Consent of landlord to incoming tenant paying compen-
sation to outgoing tenant.
Sect. 56. In. pursuance of the Agricultural Holdings (England)-
Act, 1883, I hereby consent to your paying to C. D., the
outgoing tenant of the holding known as [name and situa-
Appendix — Forms. 331
Hon of holding], the compensation payable to the said G. D., Appndx.
under or in pursuance of the said statute [or such compen- p^^g,
sation for improvements mentioned in Part III. of the
First Schedule as may be payable to the said 0. D. under
or in pursuance of the said statute, or, &c.]
(Signed) A. B. [landlord'].
To E. F. [incoming tenant].
40. Notice by tenant of intention to begin improvements in
last year of tenancy.
In pursuance of the Agricultural Holdings (England) Sect. 59<.
Act, 1883, I hereby give you notice that I intend, at the
expiration of one month from the date hereof, to begin to
execute the improvements specified in the schedule hereto
upon my holding known as [name and situation of holding],
notwithstanding that I have received notice to quit the
same [or notwithstanding that my tenancy of the same
expires within one year from the date hereof].
Dated the day of , 18
(Signed) G. D. [tenant].
Address .
To A. B. [landlord].
The above-mentioned Schedule, &c,, &c.
INDEX,
ABSENCE,
of parties, proceeding with reference in, 45.
notice to parties should state intention to proceed in, 4&'
fonn of notice, 321.
ABSOLUTE OWNER,
charge by landlord who is, 72.
charge by landlord who is not, 72.
who is, 74.
tenant's charge equivalent to charge of, 85.
ACTION,
landlord may bring, for breach or waste, 34.
AFFIRMATION,
power of referees or umpire to take, 44.
AGENT,
of landlord, consent to improvements by, 12.
cannot consent to improvement made be-
fore Act, 11.
notice to, of intention to drain, 14.
when not empowered to act, 11, 91.
exclusion of section 33 not within general
powers of, 91.
ADMINISTRATORS,
of tenant, included in term tenant, 152.
of landlord, charge on holding to be in favour of, 73.
AGISTMENT,
live stock on holding for, privileged from distress, 123
Index.
AGKEEMENT,
as to execution of improvement in Part I . of Schedule,
12.
form of, 307.
as to execution of drainage, 14.
form of, 309.
particular, for fail' and reasonable compensation, 21.
as to amount of compensation under Act, 35.
form of, 315.
breach of, by tenant, reduction of compensation
for, 25.
by landlord, augmentation of com-
pensation for, 26.
compensation under, when recoverable by action, 13.
how to be ascertained, 48, 49.
tenant not entitled to compensation under Act, may
claim under, 143.
excluding operation of section 33, 88.
should be signed by landlord personally, 91.
depriving tenant of compensation is void, 140.
unless in pursuance of sects. 3, 4, or 5, 140.
avoided, if violating policy of statute, 140.
examples of, 140.
how set aside by tenant, 23.
by application to Court of Equity, 24.
before entering on reference, 50.
referee no jurisdiction to alter or cancel, 23.
in contract of tenancy, fixing notice to quit, 89.
need not be in writing, 91.
payment of money under, 61.
how enforced, 61, 62.,
imder sects. 3, 4, 5, included in reference, 48.
by limited owner, 116.
AGKICULTURAL HOLDINGS ACT, 1875,
claim under, in case of ciirrent tenancy, 10, 12.
specific compensation for improvements under, 20.
repealed, 153.
Jndex.
AGRICULTURAL HOLDINGS ACT, \^1b— continued.
repeal of, not to affect existing rights under, 153, 154.
compared^with Act of 1883, xlvii.
AGRICULTURAL HOLDINGS ACT, 1875, AMEND-
MENT ACT, 1876,
repeal of, 153.
ALLOTMENTS,
resumption of land for making, 114.
AMMONIA, SALTS OF,
valuation of, 203.
in special manures, how to value, 207.
customary allowances for, 214, 219, 221, 226.
APPEAL,
to county court, 56.
costs of, 56.
grounds of, 56.
against award of compensation under sects. 3, 4, 5, 48.
no appeal, if sum claimed less than ^100, 56.
for resumption for improvements, 115.
for value of fixtures, 56.
decision of county court final, 57.
to quarter sessions from Court of Summary Jurisdic-
tion, 128.
procedure on, 294.
to High Court of Justice from county court, 57, 129.
by special case, 57.
on point of law, 57.
county court rules respecting, 291.
APPLICATION OF ACT,
to all agricultural holdings, 139.
to market gardens, 139.
not to Scotland or Ireland, 154.
APPOINTMENT,
of referees, 37.
hy parties, 37.
, Index.
APPOINTMENT— coTiimMetZ.
of referees, by county court, 37.
delivery of, to referee deemed submiesiom
to reference, 43,
of umpire, by referees, 37.
by lot is bad, 40.
by county court after default of referees, 38.
may be made by judge of county court out
of his district, 43.
by Land Commissioners, 41.
by county court on request, 42.
must be in writing, 38,
notice to be given, 37.
of guardian, 62.
of next friend, 63.
of bailiffs, 138.
APPORTIONMENT ACT, 1870,
applies to landlord's charge for drainage, 19,
APPRAISEMENT,
of goods distrained, unnecessary, 132.
ARCHBISHOP,
landlord, powers of, how to be exercised, 107.
ARTIFICIAL MANURES
are improvement under Act, 156.
ARRANGEMENT,
with creditors, 88.
ASHES,
customary allowances for, 213, 214, 218, 221, 223, 228,
ASSENT
of landlord to improvement begun in last year of
tenancy, 149.
may be verbal, 151,
ASSIGNEE OF LEASE,
right of, to compensation for lessee's improvements, 3.
Index.
ASSIGNMENT,
of charge, 87.
ASSIGNS,
of tenant, included in term tenant, 152,
of landlord, charge in holding to be in favour of, 73.
AUCTIONEER,
costs of selling distress hy, 156.
AUGMENTATION OF COMPENSATION,
matters taken into account in, 25.
to be specified in award, 52.
AWARD,
time for making,
by single referee, 46.
by two referees, 47.
by umpire, 50.
cannot be questioned but as provided in Act, 56.
extension of time for making, by referees, 48.
by umpire, 50.
final if not appealed against in seven days, 57.
costs of, 54.
form of, 51, 52, 322.
grounds of appeal against, 56.
time for appealing against, 56.
judge may remit to referees, 57.
must be in writing, 46.
must contain directions as to costs, 54.
must fix day for payment, 55.
no appeal against,
for damages for resumption, 115.
for value of fixtures, 94.
if simi claimed less than ^100, 56.
not removable into superior court, 55.
not to be made rule of court, 55.
not to give sum generally for compensation, 51.
z
Index.
AWARD — continv.ed.
objections to, on appeal, 57 — 60,
of compensation under ss. 3, 4, 5, 48.
sliould distinguish improvements, 48.
may be appealed against, 48,
of reduction of rent on resumption, 114.
should not fix fee of referee or umpire, 55.
to give particulars of improvements, &c. , 52.
to specify exhaustion of improvements, 52.
void if not made within time limited, 47, 51.
BAILIFF,
appointed by judge of county court, 138.
no person to act as, without certificate, 138.
certificate to be cancelled for misconduct, 138.
liable for treble damages for misconduct, 138.
may act elsewhere than in district where appointed, 138.
may sell distress without appraisement, 132.
must remove goods for sale, on request, 132, 133.
form of request, 329.
must withhold sale of distress for 15 days, 133.
on request of tenant or owner, 133.
on security being given for extra costs, 133.
sum tendered to, by owner of agisted stock, 127.
costs of, for levying, 156.
BANKRUPTCY,
does not revoke submission to reference, 43.
of tenant, notice to quit on, 88.
BANKS,
customary allowance for making, 211, 222, 229.
BASIN,
resumption of land for making, 114.
Index.
BASIS OF VALUATION
is value to incoming tenant, 2, 174.
practical application of, 176 — 180.
BEDFORDSHIRE,
custom of country in, 210.
BENEFICE,
definition of, 111.
BENEFIT,
given by landlord, to be deducted from compensa-
tion, 25.
what is, 26.
BERKSHIRE,
custom of country in, 210, 223.
BISHOP,
landlord, powers of, how to be exercised, 107.
BLOOD MANURE,
valuation of, 206.
customary allowances for, 214, 219, 221, 226.
BOARD OF TRADE,
compensation payable by, in respect of foreshores, 102.
BONES,
valuation of, 201.
customary allowances for, 211, 213, 214, 215, 218, 221,
224, 226, 228, 230.
BONING,
with undissolved bones, is improvement under the
Act, 155.
customary allowances for, 211, 212, 215, 219, 222
223, 224, 228. '
z2
Indeoe.
BREACH OF COVENANT OR AGREEMENT,
augmentation of comi^ensation for landlord's, 26,
landlord cannot claim for, without notice, 30.
but may bring action for, 34.
landlord's claim for, limited to four years, 26.
reduction of compensation for tenant's, 25.
BRICK EARTH,
resumption of land for obtaining, 114.
BRIDGES,
making, is improvement under the Act, 155.
BUCKINGHAMSHIRE,
custom of country in, 210.
BUILDINGS,
for purposes of trade, not formerly removable, 95,
now removable by tenant, 92.
pre-emption by landlord, 93.
resumption of land for, 114.
erection or enlargement of, is improvement under
Act, 155.
custom of country as to, 215, 219, 220, 222, 229, 230.
BURNING,
customary allowances for, 215, 216.
CAMBRIDGESHIRE,
custom of country in, 210.
CANAL,
resumption of land for making, 114.
CATTLE,
consumption of purchased foods by, on holding, 156.
CATTLE PLAGUE RATE,
who liable to pay, 30.
Indese,
CERTIORARI,
order of county court or justices not to be removed
by, 130.
excluded in cases of awards under Act, 55.
CHALKING OF LAND,
is improvement under the Act, 155.
customary aUowances for, 213, 219, 223, 227.
CHAMBERS OF AGRICULTURE,
report of committee of, on unexhausted improve-
ments, 211.
CHANGE OF TENANCY,
tenant remaining in holding during, retains right to
compensation, 146.
CHARGE,
by landlord on tenant for drainage, 15, 18.
form of, 312.
CHARGE OF COMPENSATION,
is personalty, 73.
by landlord, 71.
if absolute owner, 71.
if not absolute owner, 71.
if tenant under landlord, 74.
if mortgagor, 78.
if mortgagee, 78.
incidence of, 73, 74.
objects of, 74.
duration of, 73, 75.
by governors of Queen Anne's Bounty, 110.
nature and incidence of, 113.
by incumbent, incidence of, 112.
by trustee, 83.
obtainable before payment of compensation, 83, 84.
Index.
CHARGE OF COMPENSATION— confinwec?.
duration and incidence of, 84, 85.
by tenant of trustee landlord, 83.
duration and incidence of, 85, 86.
only for compensation due, 83, 87.
court must grant, on proof of title, 72, 76.
award must state when improvements exhausted, 52,
effect on remainderman, 77.
instalments in discretion of court, 72.
in respect of what matters, 71.
not for drainage by landlord without notice, 79
obtained by married Avoman, 68.
powers of holder, if made by deed, 79.
priorities of charge, 82.
within definition of mortgage in Conveyancing Act, 78,
assignment of, to land companies, 87.
CHARITY COMMISSIONERS,
approval of, when necessary, 113.
CHARITY TRUSTEES,
landlord, powers of, how exercisable, 113.
CHESHIRE,
custom of country in, 211.
CLAIM,
notice by tenant of intention to, 31.
is condition precedent to being en-
titled to compensation, 33, 146.
CLAY-BURNING,
is improvement under the Act, 155.
CLAYING OF LAND
is improvement under the Act, 156.
customary allowances for, 211, 217,.
219, 220, 222.
Index.
COAL,
resumption of land for working, 114.
COMMENCEMENT OF ACT,
tenant entitled to compensation after, 1.
is 1st January, 1884, 139.
improvements executed before, 10.
COMMISSIONERS OF WOODS AND FORESTS,
compensation payable by, in respect of Crown lands,,
100.
COMMITTEE OF ESTATE,
of tenant, included in term tenant, 152,
COMPENSATION,
general right to, 1.
only payable on quitting holding, 1.
for improvements in First Schedule only, 1, 2.
by sub-tenant, 3, 117.
before Act, 10.
in Part I. of Schedule, 12.
in Part II. of Schedule, 14.
in Part III. of Schedule, 20.
made during current tenancies, 20.
made in last year of tenancy, 148.
agreement in lease as to drainage, 19.
providing fair and reasonable, 20, 22, 27.
as to amount of, after notice by tenant, 35.
nudum pactum if no
notice, 35.
should fix date of pay-
ment, 35.
augmentation of, 25.
reduction of, 24, 28.
notice by tenant of intention to claim, 31.
form of, 313.
Index.
COMPENSATION— confmwed
notice, omission to give, cannot be rectified, 33.
when necessary, 32.
effect of not giving, 34, 146, 147.
particulars of claim for, 32.
counter-claim by landlord, 31.
settled by reference, 35.
award of, 46, 55, 322.
wbo liable to pay, 4.
payment of, one month after award, 55.
how enforced, 61.
by order of county co\irt, 61.
may be paid under Settled Land Act, 1882, 73, 79.
by Governors of Queen Anne's Bounty, 110.
set-off against rent, 129.
when due, 130.
not lost by change of tenancy, 148.
for resumption of part of holding, 116.
basis of, is value to incoming tenant, 2, 168, 174.
is exclusive, 142.
substituted,
what it is, 7.
for improvements in Part I. of Schedule, 13.
for drainage, 14.
for improvements in Part III. of Schedule, 20.
must be fair and reasonable, 21
made during current tenancies,
20.
notice of intention to claim not necessary, 32.
should be ascertained in reference, 48.
basis of, 49, 168, 174.
by custom,
for improvements before Act, 10.
during current tenancies, 20.
if conditions of Act not complied with, 143 — 147.
under Act of 1875,
for improvements before Act, 10.
during current tenancies, 20.
Index.
COMPENSATION— conimMe^i.
existing rights, not affected by repeal of, 154-
by agreement,
for improvements before Act, 10.
during current tenancies, 20.
in Part I. of Schedule, 12.
for drainage, after notice, 14.
without notice, 15.
in lease, 15, 19.
referee no jurisdiction to alter basis of, 23, 49.
COMPOSITION,
with creditors, 88.
CONCURRENCE OF HUSBAND,
when necessary, 64.
CONDITIONS PRECEDENT,
to tenant being entitled to compensation under Act, 146.
position of tenant, if not observed, 146.
CONSENT
of landlord to improvements before Act, 1 0.
must be signed by him personally, 11.
form of, 304.
♦ to improvement in Part I, of Schedule, 12.
form of, 306.
to incoming tenant paying compensation,
141.
form of, 330.
of parties necessary to revoke submission to reference,
43.
appointment of referee,
43.
to registrar exercising powers of county
court, 48.
of limited owner, 116.
Index.
CONTRACT,
claim under, in case of current tenancy, 10.
depriving tenant of compensation is void, 140.
unless in pursuance of ss. 3, 4, or 5, 140.
CONTRACT OF TENANCY,
definition of, 151.
express stipulation in, for half-year's notice to quit,.
89, 91.
CORN MANURES,
special valuation of, 206.
CORNWALL,
custom of country in, 212,
CORNWALL, DUCHY OF,
application of Act to, 105.
Management Act, 106.
who to be deemed landlord, 105.
COSTS,
award must not be silent as to, 54.
no appeal against award in respect of, 54.
of referees, are costs of umpirage, 54.
or umpire, how recoverable, 55.
should not be fixed in award, 55-
of reference in discretion of referee or umpire, 53.
include costs of award, 54.
in county court in discretion of court, 70.
payment of, enforced by county court, 61.
scale of, to be made by Lord Chancellor, 70.
now in force, 70.
security for, how given, 136.
taxation by registrar, 53.
review of, by judge of county court, 53.
no appeal against decision of judge, 55.
judge cannot be compelled to review, 55.
of charge, 73.
Index,
COTTAGES,
resumption of land for erecting, 113.
COTTON-CAKE,
customary aUowances for, 210, 213, 219, 220, 221, 224,
225, 227, 228, 229.
COUNTER NOTICE,
by landlord, 31.
is optional, 34.
omission to give, does not bar action, 34.
form of, 315.
COUNTY COURT,
appeal to, fi'om award, 56.
from, 57, 129.
by special case, 57.
appointment of guardian by, 62.
next friend by, 63.
bailiffs by, 138.
referee in default of parties appoint-
ing, 37.
umpire in default of referees appoint-
ing, 38.
umpire on requisition, 42.
practice as to, 39, 287.
costs in, in discretion of court, 70.
scale of, 70.
seciirity for, bow given, 136.
definition of, 153.
charge by, 71.
in favour of landlord, 71.
trustee, 83.
tenant, 84.
examination of married women by judge of, 64.
powers of, exercisable by judge out of the district, 43.
registrar by consent, when,
43.
Index,
COUNTY COURT— conimwet?.
jurisdiction of, in wrongful distress, 128.
may order stock to be restored, 128.
may declare fair price for feeding stock, 128.
order of, for payment of compensation, 61.
not to be quashed for want of form, 130.
removed by certiorari, 130.
distress taken in execution under warrant of, 136.
may cancel certificate of bailiff for misconduct, 138.
COUNTY COURT ACTS.
9 & 10 Vict. c. 95, s. 94 (1846), 297.
19 & 20 Vict. c. 108, ss. 43, 44 (1856), 290.
21 & 22 Vict. c. 74, s. 4 (1858), 291.
COUNTY COURT RULES, 1875.
Order xix. (enforcement of orders), 297.
xxix. (appeal by special case), 291.
XXX. (security), 301.
xxxiv. (Agricultural Holdings Act, 1875), 287.
xxxviii. (application of Rules of 1875), 289.
COURT OF SUMMARY JURISDICTION,
settlement of disputes by, as to wrongful distress, 128.
may order live stock to be restored, 128.
may declare fair price for feeding stock, 128.
no power to grant replevy, 129.
appeal from, 128.
order of, not to be quashed for want of form, 130.
removed hj certiorari, 130.
COVENANT,
depriving tenant of compensation is void, 140.
unless in pursuance of sections 3, 4, or 5,
140.
breach of, by landlord, 25.
tenant, 25, 31.
Index.
CROWN,
patron of benefice, 111.
CROWN LANDS,
Act, 1866, 101.
application of Act to, 100.
who to be deemed, landlord of, 100.
CUMBERLAND,
custom of country in, 212.
CURRENT TENANCY,
operation of Act on, 10, 20, 22.
what notice to quit necessary, 90.
CUSTOM,
claim under, in case of current tenancies, 10.
if notice under this Act not given, 33.
notice to quit may be fixed by, 89.
as to growing crops, &c., not aff'ected by Act, 142.
tenant entitled to compensation under Act cannot claiut
by, 142.
when tenant may claim compensation by, 143 — 147.
if improvement not included in Act, 143.
if conditions of Act not complied with, 146.
for improvement executed in last year of tenancy^
147.
saving of rights under, 151.
compensation by, in —
Bedfordshire, 210.
Berkshire, 210, 223.
Bucks, 210.
Cambridgeshire, 210.
Cheshire, 211.
Cornwall, 212.
Cumberland, 212.
Derbyshire, 212.
Devonshire, 212.
Inde^c.
CUSTOM— coniimted;.
compensation by, in —
Dorsetshire, 213.
Durham, 214.
Essex, 214.
Gloucestershire, 214.
Hampshire. 216.
Herefordshire, 216.
Hertfordshire, 217.
Huntingdonshire, 217.
Kent, 217.
Lancashire, 218.
Leicestershire, 219.
Lincolnshire, 219.
Middlesex, 220.
Monmouthshire, 220.
Norfolk, 221.
Northumberland, 221.
Nottinghamshire, 221.
Oxfordshire, 223.
Rutlandshire, 223.
Shropshire, 224.
Somersetshire, 224.
Staffordshire, 224.
Surrey, 226.
Sussex, 226.
Warwickshire, 226.
Westmoreland, 226.
Wight, Isle of, 227.
Wiltshire, 227.
Worcestershire, 227.
Yorkshire, 227.
Wales, Nurth, 231.
South, 231.
DAMAGE,
by removal of goods distrained, how borne, 132.
by removal of fixtures, to be made good, 93.
Index.
DEATH,
of landlord possessed of uncertain interest, 4.
of cestui que vie, 33.
of referee before award, 37.
appointment of another referee on, 37.
of umpire before award, 38, 41.
appointment of another umpire on, 38, 41.
DEDUCTION,
from compensation, 24.
for benefit from landlord, 25.
for selling crops off holding, 25.
for rent, rates, taxes, or tithe, 25.
for waste or breach, 25.
DEMAND,
under Act, service of, 71.
DERBYSHIRE,
custom of country in, 212.
DETERMINATION OF TENANCY,
definition of, 152.
on resumption by landlord of part of holding, 115,
fixtures removable after, 93.
how caused is immaterial, 3.
upon death or cesser of estate of landlord, 4.
of cestui que vie, 33.
right to compensation does not accrue before, 1, 3.
year's notice to quit, when necessary for, 88.
DEVISEE,
of tenant included in term tenant, 152.
DEVONSHIRE,
custom of country in, 212.
Index.
DISTRESS,
limitation of, to one year's rent, 120.
for arrears existing at passing of Act, 120.
where rent allowed to remain unpaid after due, 120.
how limit to be fixed, 121.
things privileged from, 124.
agisted live stock conditionally privileged from, 123.
to what extent liable, 123.
hired machinery on holding, privileged from, 124.
not if on "hire system," 125.
live stock for breeding purposes, privileged from, 124.
remedy for wrongful, 127.
dispute as to, levied contrary to Act, 127.
as to ownership of stock, 127.
as to fair price for feeding stock, 127.
powers of county court, 128.
powers of court of summary jurisdiction, 128.
for balance of rent after compensation deducted, 130.
after determination of tenancy, 130.
costs of, where sum claimed exceeds £20, 130.
schedule of, 156.
where sum claimed less than £20, 131.
appraisement abolished, 132.
goods distrained may be removed for sale, 132.
costs of removal, 132.
extension of time to replevy to 15 days, 133.
exclusive of days of taking and sale, 134.
on request of owner or tenant, 133.
form of request, 330.
when request may be made, 134.
on giving security for extra costs, 133.
security, how settled, 136.
may be sold within 1 5 days on request, 134.
when goods seized by execution creditor, 135.
must be levied by certificated bailiff, 138.
penalty for bailiff's misconduct, 138, 298.
DOCUMENTS,
production of, to referee or umpire, 44.
Index.
DOCUMENTS— conimwci.
production of, enforced by attachment, 45»
parties cannot compel, 44.
DORSETSHIRE,
custom of country in, 213.
DRAINAGE,
agreement after notice, 14.
agreement in lease, validity of, 19.
charge for money expended by landlord in, 71.
not if notice by tenant dispensed with, 79»
commencement of work, 17.
compensation for, 14.
notice by tenant to landlord, 14.
dispensing with notice, 15, 19.
withdrawal of tenant's notice, 18.
four methods of doing works provided by Act, 16.
landlord's charge on tenant recoverable as rent, 15, 19.
payment of interest by tenant on landlord's outlay, 15.
repayment of capital and interest by tenant, 15.
undertaking by landlord, 15.
notice by sub-lessee of intention to execute, 117.
leasee should give notice to superior landlord, 118.
customary allowances for, 211, 212, 213, 215, 216, 218
219,220, 221—229.
DURHAM,
custom of country in, 214.
ECCLESIASTICAL COMMISSIONERS,
approval of, to exercise of landlord's powers, 107,
supervision of endowments of sees by, 107.
ECCLESIASTICAL LANDS,
provisions of Act respecting, 107 — 113.
EJECTMENT,
determination of tenancy by, 33.
means of secui-ing compensation on, 33.
3a
Index.
ELECTION,
by landlord to purcliase fixtures, 93 .
by tenant to quit entire holding, if part resumed, 115.
EMBANKMENTS,
making, is improvement under Act, 155.
ENDOWMENT OF SEES,
lands assigned as, 107.
liow regulated, 107.
ENGINE,
tenant's right to remove, 92.
if not entitled to compensation for, 92, 98 .
custom of country as to removal, &c., 215, 216, 220,
221, 224, 227, 230.
EMPLOYERS LIABILITY ACT,
particulars under, 34.
ENTERING ON REFERENCE,
■what constitutes, 40.
ENTITLED TO COMPENSATION,
when tenant is, under Act, cannot claim by custom,
143.
in what cases tenant is, under Act, 143 — 147.
EQUITY, COURT OF,
cannot rectify tenant's omission to give notice of claim,
33.
may set aside agreement as not fair and reasonable,
24.
ESSEX,
custom of country in, 214.
EVASION
of Acts of Parliament, 140.
Index.
EVIDENCE,
at reference, should be on oath, 44, 45.
false, person giving, guilty of perjury, 44.
production of, to referee or umpire, 44,
enforceable by attachment, 45.
parties cannot compel, 44.
EXAMINATION,
separate, of married woman, 64.
EXCLUSION,
of section requiring year's notice to quit, 88.
cannot be done by agent, 91.
EXECUTION,
payment of compensation enforced by, 61, 62.
county court rules respecting, 297.
EXECUTORS,
of tenant, included in term tenant, 152.
of landlord, charge on holding to be in favour of, 73.
EXHAUSTION OF IMPROVEMENTS,
to be found in award, if landlord desires charge, 52.
to be determined by county court if not found in award,
72.
EXPIRATION
of quarter and half year, distress for rent on, 121.
how interpreted, 122.
EXTENSION OF TIME,
for award, by two referees, 47.
by umpire, 50.
form of, 322.
not within powers of single referee, 47.
notice to parties of, must be given, 47.
informal, is waived by proceeding with
reference, 47.
for time to replevv, 133.
2 a2
Index.
FAILURE TO ACT,
by referee, what is, 38.
FAILURE TO APPOINT,
referee, 37.
umpire, 38.
FAIR AND REASONABLE COMPENSATION,
agreement must provide, for improvements in Part 3 ot
Schedule, 20, 22.
no jurisdiction of referee to enquire what is, 23.
who judge of what is, 24, 27.
FAIR PRICE,
for agisted live stock, 123.
determined by county court, 128.
by court of summary jurisdiction, 128.
FARM-YARD MANURE,
valuation of, 198.
FEEDING STUFFS,
valuation of manures from purchased, 194.
application of purchased, is improvement under Act,
156.
FENCES, QUICKSET,
customary allowances for making, 211, 216, 222, 225.
FENCING,
tenant's right to remove, 92.
if not entitled to compensation for, 92, 98.
pre-emption by landlord, 93.
making, is improvement under the Act, 155.
customary allowances for, 211, 219, 222, 229.
FISH MANURE,
customary allowances for, 219, 226.
Index.
FIXTURES,
common law as to, 94.
alterations of, 95.
by 14 & 15 Vict. c. 25,
95, 96.
Act of 1883 more favourable to tenant, 97.
customary allowances for, 215, 221, 224, 230.
ornamental, 94.
trade, 95.
tenant's, 99.
right to remove under Act of 1875, 99.
tenant's right to remove under this Act, 92.
if not entitled to compensation, 92, 99.
when entitled to remove during tenancy, 97.
notice to landlord of intention to remove, 93.
form of, 328.
pre-emption by landlord, 93.
price to be paid, 94.
value to be ascertained by reference without appeal, 94.
privileged from distress, 124.
removal by married woman, 65.
existing rights as to, not affected by repeal of Act of
1875, 154.
FORESHORES,
vested in Board of Trade, 102.
FORFEITURE,
determination of tenancy on, 33.
means of securing compensation on, 33.
charge for compensation not to work, 73.
FORMS,
agreement as to execution of improvements in Part I.
of Schedule, 307.
drainage works, 309.
as to amount of compensation, 315.
for less than year's notice to quit, 327.
Index.
FORMS— continued.
application for landlord's consent to improvements
before Act, 304
^ . to improvements
in Part I. of
Schedule, 305.-
appointment of single referee, 316.
of referee, 317.
in place of one who has died,
&c., 317.
of umpire bj referees, 318.
in place of one who has died,
&c., 319.
authority to landlord's agent to act under Act, 305.
award, 322.
charge by landlord for drainage, 312.
consent of landlord to improvements before Act, 304.
in Part I. of
Schedule, 306.
to payment of com^Densation by in-
coming tenant, 330.
counter-notice of claim by landlord, 315.
extension of time by referees for delivering award, 322.
landlord's undertaking to execute drainage works, 312.
notice by tenant of intention to execute drainage works,
308.
to claim compensation, 313.
to remove fixtures, 328.
to begin improvements
last year of tenancy,
331.
by landlord of charge for drainage, 312.
of election to take fixtures, 328.
to quit part of holding for speci, a
purpose, 328.
by tenant to quit entire holding, 329.
requiring single referee to act, 316.
one of two referees to act, 317.
Index.
"FORMS — continued.
notice of appointment of referee, 318.
to appoint referee, 318.
to referees to appoint umpire, 319.
recLuiring vunpire to be appointed by land com-
missioners,.
320.
by county
court, 320.
of dissent from appointment of umpire by
county court, 321.
to produce, 321.
of proceeding with reference ex parte, 321.
request by tenant to remove distress for sale, 329.
by owner to remove distress for sale, 330.
of extension of time to replevy, 330.
FRUIT BUSHES,
planting, is improvement under tbe Act, 155.
GARDENS,
resumption of land for making, 113.
making, is improvement under the Act, 155.
customary allowances for making, 211, 222, 230.
market, what are, 139.
GLOUCESTERSHIRE,
custom of country in, 214.
GRASS MANURES,
special, valuation of, 206.
GRAVEL,
resumption of land for obtaining, 114.
GREEN CROPS,
sold off holding, 25.
value to be deducted from tenant's compensation, 25.
Index.
GROWING CROPS,
■"^
custom for incoming tenant to take, at valuation, 142.
not affected by this Act, 142.
GUANO,
valuation of, 204.
customary allowances for, 212 — 230.
GUARDIAN,
appointment of, by county court, 62.
application for, to be made by person, interested, 62.
who may be, 62, 63.
procedure for obtaining appointment of, 63.
of tenant, included in definition of tenant, 63, 152.
HAMPSHIRE,
custom of country in, 216.
HANGING GALE,
distress, in case of, 120.
HAULAGE FOR REPAIRS,
customary allowances for, 216, 217, 222.
HAY,
sold off the holding, 25.
value of, to be deducted from compensation, 25.
HEREFORDSHIRE,
custom of country in, 216.
HERTFORDSHIRE,
custom of country in, 217.
HIGH COURT OF JUSTICE,
appeal to, from county court in wrongful distreee,
129.
by special case, concerning award, 57.
county court rules regulating, 291.
rule by, for statement of special case, 61, 290.
Index.
HOLDING,
tenant entitled to compensation on quitting, 1, 3.
to what holdings this Act applies, 139.
definition of, 153.
increased value of, where best rent reserved, 119.
charge on, by landlord, 71.
by tenant, 84.
by trustees, 83.
distress on, to which Act applies, 120.
HOP-POLES,
customary allowances for, 216, 217.
HOPS,
planting, is improvement under the Act, 155.
HUNTINGDONSHIRE,
custom of country in, 217.
HUSBAND,
concurrence of, in act3 of married woman, 64.
how testified, 70.
of tenant, included in term tenant, 152.
HUSBANDRY,
no compensation for good, 2, 9.
breach in matter relating to, 26, 31.
landlord's remedy for, 26.
implied covenant by tenant to cultivate according to
good, 31.
IMPROVEMENTS,
compensation for,
general right to, 1.
limited to those mentioned in Schedule, 1, 3.
inherent capabilities of soil not to be taken into
account in ascertaining, 2.
value to incoming tenant, 2, 1 74.
Index.
IMPROVEMENTS— cowiimtef?.
compensation foi-,
must be claimed under Act if possible, 142.
when claim by custom admissible, 142 — 147.
executed before Act, 10.
executed after Act, 12.
executed during former tenancy, 148.
in Part I. of Schedule, 12.
in Part II. of Schedule, 14.
in Part III. of Schedule, 20,
not made by tenant actually quitting holding, 3.
by sub-tenant, right of tenant to compensation for,
3,42.
by married woman, 64, 67.
for which landlord's consent is required, 155.
notice to landlord is required, 155.
landlord's consent is not required, 155, 156.
not to be calculated in best rent, 119.
resumption by landlord for, 113.
how interpreted in Land Law (Ireland) Act, 1881, 9.
double sense of word, 181.
to be specified in award, 52.
exhaustion of, to be specified in award, 52.
report of Chamber of Agriculture on unexhausted, 210.
executed in last year of tenancy or after notice to quit,
no compensation for, 148.
except manures, 149.
unless executed without dissent of landlord,
149.
after notice to landlord, 149.
form of notice, 331.
notice must be in writing, 151.
customary allowances for, 149.
valuation of, 174—209.
basis of value, in value to incoming tenant, 2, 174.
INCOMING TENANT,
value of improvements to, is basis of valuation, 2, 174.
Index.
INCOMING TENANT— coniijwtetf.
may pay compensation to outgoing, 141.
with consent of landlord, 141,
form of consent, 330.
custom for, to take growing crops at valuation, 142.
INCUMBENT,
landlord's powers of, how to be exercised, 110.
previous consent of patron to improvements by, 110. '
of Queen Anne's Bounty preferable to consent of
patron, 112.
bound by charge of pre\'ious, 108, 110, 112.
may obtain charge on holding, 112.
INFANT,
appointment of guardian of, 62.
INHERENT CAPABILITIES OF SOIL,
not to be taken into account in value of improve-
ment, 2.
application of proviso as to, 180.
INTERPRETATION
of Act, 151.
INSTALMENTS,
of sum charged by landlord for drainage works, 15.
of charge for co mpensation in discretion of court, 72.
table for calculating, 232.
IRELAND,
Act does not extend to, 154.
IRONSTONE,
resumption of land for working, 114.
IRRIGATION,
customary allowances for, 222.
Index.
JUDGE,
-"J
of county court, jurisdiction of, out of district, 43.
examination of married women by, 64.
appointment of bailiffs by, 138.
of guardian to infant by, 62.
cannot be compelled to review registrar's taxation, 55.
JUSTICES,
settlement of disputes by, as to wrongful distress, 128.
may order live stock to be restored, 128.
may declare fair price for feeding stock, 128.
no power to grant replevy, 129.
appeal from, 128.
order of, not to be quashed for want of form, 130.
not to be removed by certiorari, 130.
KAINIT,
customary allowances for, 214, 219, 226.
KENT,
custom of country in, 217.
LANCASHIEE,
custom of country in, 219.
LANCASTER, DUCHY OF,
application of the Act to, 102.
Chancellor of Duchy to be deemed landlord, 102.
Act regulating management of, 103.
LAND,
" acts imder this Act in respect of," what are, 65.
definition of, 70.
LAND COMMISSIONERS,
appointment of umpire by, 41.
substituted for Inclosure Commissioners, 41.
LAND COMPANY,
assignment of charge to or by, 87.
Index.
LANDLORD,
definition of, 152.
may be mortgagor or mortgagee, 5.
immediate reversioner, 4.
powers by this Act conferred on, what are, 108.
exercise of powers by, 116.
consent of, to improvements made before Act, 10.
to improvements in Part I. of Schedule, 12.
to improve-nents begun in last year of
tenancy, 149.
failure to object, equivalent to, 149.
benefit by, reduction of compensation in respect of,
25, 26.
charge on holding for compensation by, 71.
may assign charge to land company, 87.
coimter claim by, for breach or waste, 31.
form of, 315,
Infant, or of unsound mind, guardian for, 62.
appointment of referee by, 36.
resumption of part of holding by, 113.
election to purchase fixtures by, 93.
married woman, 64, 68.
trustee, or receiver, 83.
archbishop, 107.
bishop, 107.
incumbent, 110.
charitable or ecclesiastical trustees, 1 13.
tenant of holding, 117.
charge by, 74.
of Crown lands, 100.
of Duchy of Lancaster lands, 102.
of Duchy of Cornwall lands, 105.
limitation of powers of distress, 120.
may ■sell distress without appraisement, 132.
must remove goods distrained on request, 132.
must withhold sale of distress for 15 days, 133.
exclusive of days of taking and sale, 134.
on request of tenant or owner, 133.
on seciuity being given for extra costs, 133-
Index.
LANDLORD— coniijiwed.
tenancy determining on death or cesser of estate of, 4.
is liable to outgoing tenant for crops, &c., 142.
designation of, applies till conclusion of proceedings
for compensation, 153.
general saving of rights of, 151.
LAST YEAR,
of tenancy, improvements executed in, 149.
customary allowances lor, 149.
LEASE,
agreement in, as to drainage works, 15, 19.
for a life or lives, 33.
notice of claim for compensation, 33.
reservation of best rent in, 119.
LEASEHOLD,
powers of owner of, 117.
LEGATEE,
of tenant included in term tenant, 152.
LEICESTERSHIRE,
custom of country in, 219.
LESSEE,
position of, where sub-lessee makes improvement, 117.
cannot charge sub-lessee where superior landlord does
drainage, 118.
improvement by, in last year of tenancy, 148, 149.
LETTER,
notice under Act may be sent by registered, 71.
LIMESTONE,
resumption of land for working, 114.
Index.
LIMING OF LAND,
is improvement under the Act, 156.
customary allowances for, 211 — 230.
LIMITED OWNER,
powers and liabilities of, 116.
LINCOLNSHIRE,
custom of country in, 219.
LINSEED-OIL CAKE,
customary allowances for, 210 — 230.
LIVE STOCK,
agisted, only distrainable for price of agistment, 123.
for breeding purposes cannot be distrained, 124.
definition of, 153.
MACHINERY,
tenant's right to remove, 92.
if not entitled to compensation for, 92, 98.
pre-emption by landlord, 93.
Mred, cannot be distrained, 124.
unless on hire system, 125.
customary allowances for, 215, 216, 220, 221, 224, 227,
230.
MANURES,
definition of, 153.
reduction in tenant's compensation for, 25.
sold off the holding, 25, 28.
applied in last year of tenancy, or after notice to quit,
148.
unexhausted, valuation of, 187 — 209.
from purchased cattle food, 194.
farm-yard or town stable, 198.
rape-cake, 200.
nitrate of soda, 202.
salts of ainmonia, 203.
Index.
MANURES— co?i<mue(i.
superphosphates, 203.
mineral, 203.
guano, 204.
various, 206.
MARKET GARDEN,
act applies to, 139.
what is, 139.
MARLING OF LAND,
is improvement under the Act, 156.
customary allowances for, 219, 220, 225.
MANDAMUS,
rule in nature of, to judge of county court, 61.
MARRIED WOMAN,
does not revoke submission to reference by marriage, 43.
next friend, appointment of, by county court, 63.
powers of, 63, 64.
concurrence of husband, 64.
separate examination of, 64.
when necessary, 65.
MARRIED WOMEN'S PROPERTY ACT, 1882, 42, 63,
MIDDLESEX,
custom of country in, 220.
MINERALS,
resumption of land for working, 114.
MINERAL MANURES,
valuation of, 203.
MONTHS,
means calendar months, 7.
Index.
MONMOUTHSHIRE,
custom of country in, 220.
MORTGAGEE,
when landlord, 5.
entitled to charge on holding, 78.
powers of, under Conveyancing Act, 79.
MORTGAGOR,
in possession may be entitled to compensation, 6.
may obtain charge on holding, 78.
MORTGAGE,
charge on holding is, under Conveyancing Act, 1882, 78,
does not affect priority of previous, 82.
NEXT FRIEND,
appointment of, by county court, 63.
NEXT OF KIN,
of tenant, included in term tenant, 152.
NIGHT-SOIL,
customary allowances for, 213, 214, 218, 221, 223, 228^
NITRATE OF SODA,
valuation of, 202.
customary allowances for, 219, 221, 226.
NITRO-PHOSPHATES,
customary allowances for, 214, 219, 221, 226.
NORFOLK,
custom of country in, 221.
NORTHUMBERLAND,
custom of countiy in, 221.
2 B
Index,
NOTICE,
by ^tenant of intention to claim compensation, 32.
form of, 313.
time of giving, 32.
if tenancy determined by death
or forfeiture, 33.
not necessary for substituted
compensation, 32.
of intention to execute drainage, 14, 17.
form of, 308.
withdrawal of, 15, 18.
dispensed with, 15, 19.
that he accepts landlord's notice to quit part
as notice to quit entire holding, 115.
effect of, 115.
must be in writing, 115.
form of, 329.
of intention to remove fixtures, 93.
form of, 328.
of intention to begin improvement in last
year of tenancy, 149.
form of, 331 ,
must be in writing, 151.
to single referee to act, 37.
form of, 316.
to one of two referees to act, 37.
form of, 317.
of appointment of referee, 37.
form of, 318.
to appoint referee, 37.
form of, 318.
to'referees to appoint umpire, 38.
form of, 319.
requiring umpire to be appointed by land
commissioners, 41.
form of, 320.
requii'ing umpire to be appointed by county
court, 43.
form of, 320.
Index.
'i^OTlO'E— continued.
to umpire of his appointment, 50.
to produce documents, 44.
form of, 321.
of proceeding with reference in absence of party, 45,
should be explicit, 46.
may be verbal or in writing, 46.
form of, 321.
of award should specify amount of referee's fees, 55.
service of, 71.
by registered letter, 71.
by leaving at last known place of abode in
England, 71.
NOTICE TO QUIT,
definition of, 89.
final, what is, 149.
half year's, when sufficient, 89.
by custom, 89.
by express agreement, 89.
year's, when necessary, 88, 89.
where tenancy current on 1st January, 1884, 90.
agreement for half year's, under section 33, 88, 91.
should be signed by landlord personally, 91.
for resumption of part of holding, 113.
what length necessary, 114.
must be in writing, 114.
form of, 328.
part of holding, bad at common law, 114.
improvements executed after, 149.
NOTTINGHAMSHIRE,
custom of country in, 221.
OATH,
power of referees or umpire to administer, 44,
evidence at reference should be on, 44, 45.
2b2
Index.
ORCHARDS,
planting, is improvement under the Act, 155.
customary allowances for planting, 211, 220, 222, 230.1
ORDER,
for restoration of distress unlawfully taken, 128,
by county court, 128.
by court of summary jurisdiction, 128.
of county court, charging holding, 72.
or of justices, not to be quashed for
want of form, 1 30.
nor removed by certiorari, 130.
OSIER BEDS,
making and planting, is improvement under Act, 155.
OUTLAY
of tenant is not basis of valuation under this Act, 7.
OWNER,
absolute, of holding, charge by, 71.
not absolute, charge by, 72.
of agisted stock, may redeem from distress, 122.
on what terms, 122.
who to be considered, 127.
of goods distrained may request removal for sale, 132.
form of request, 330.
must bear costs of removal, 132.
may require 15 days to replevy distress, 133.
form of request, 330.
must give security for extra costs, 133.
OXFORDSHIRE,
custom of country in, 223.
PARING,
customary allowances for, 215, 216.
Index.
PARTICULARS,
of tenant's claim, 32.
must not be too general, 34.
doubtful, wlietber can be rectified, 34.
of landlord's claim, 32.
PASTORAL HOLDINGS,
included in Act, 139.
PASTURE,
laying down permanent, is improvement under the
Act, 155.
customary allowances for laying down new, 211, 217,
218, 222, 223, 225.
PATRON OF BENEFICE,
who is deemed to be, 110.
approval of, when necessary, 110.
when Crown is. 111.
PAYMENT OF COMPENSATION,
day for, to be fixed in award, 55.
not sooner than one month after delivery
of award, 65.
how enforced, 61.
PERJURY,
person giving false evidence at reference guilty of, 44.
PERMANENT PASTURE,
laying down, is improvement under the Act, 156.
PERSON,
defijiition of, 153.
PIER,
resumption of land for making, 114.
PIGS,
consumption of purchased foods by, on holding, 156.
Index.
POLLARDS,
customary allowances for, 215, 217, 218, 223.
PONDS,
making, is improvement under the Act, 155.
POWERS
conferred by Act on landlord, what are, 108.
of county court judge, 43.
registrar, 43.
referees, or umpire, 44.
parties to reference, 44.
Governors of Queen Anne's Bounty, 110.
PROCEDURE,
on appeal to county court, 56, 61.
to High Court of Justice, 57, 61.
to quarter sessions, 128, 294.
on reference, 44, 45.
to obtain charge, 72, 77.
under Settled Land Act, 79.
under Act, not imperative in respect of landlordV
claims, 34.
PRODUCTION,
of documents, samples, &c., 44.
power to compel, 44.
form of notice for, 321.
PROPERTY TAX,
landlord always liable to pay, 30.
PUBLIC HEALTH ACT, 1875,
rates under, who Liable to pay, 30.
PURCHASED MANURES,
consumption of, on holding, 156.
Index.
QUARTER SESSIONS,
appeal to, from court of summary jurisdiction, 128.
procedure on, 294.
QUEEN ANNE'S BOUNTY, GOVERNORS OF,
approval of, for exercise of powers by incumbent, 110^
may pay compensation for incumbent, 110.
may obtain charge, 110.
QUICKSET FEN^CES,
customary allowances for making, 211, 216, 222, 225.
RAILWAY,
resumption of land for making, 114.
RAPE-CAKE,
valuation of, 200.
customary allowances for, 212, 218, 219, 221, 222,
224, "^226.
RATES,
reduction of tenant's compensation in respect of, 25.
liability of landlord or tenant to pay, 30.
RECLAMATION OF WASTE LAND,
is improvement under the Act, 155,
customary allowances for, 229.
REDUCTION OF COMPENSATION,
matters taken into account in, 24.
to be specified in award, 52,
• REFEREE,
appointment of single, 36.
death or failure to act of single, 37.
appointment of, by each party, 37.
notice of, to be given, 37.
form of, 318.
Index.
'SCEF'ER'EE— continued.
appointment of, by county court, 37.
revocation of, 43.
umpire by, 37.
before entering on reference, 37.
notice requiring, 37.
form of, 319.
failure of, to act, 38.
delivery of appointment to, 43.
is submission to reference, 43.
powers of, to order production of documents, &c., 44.
to enforce order, 45.
to administer oaths, 44.
to proceed in absence of parties, 45.
over costs of reference, 53.
award of, to be signed by, 46.
to be in writing, 46.
form of, 51, 322.
time for making award, 46, 47.
extension of, 46.
not within powers of single referee, 47.
remuneration of, 53, 55.
remission of award to, by county court, 57.
KEFERENCE,
compensation for improvements to be settled by, 35, 114.
price of fixtures to be settled by, 94.
reduction of rent on resumption to be settled by, 114.
submission to, by delivery of appointment to referee, 43.
not to be made rule of court, 55 .
costs of, 53 .
in discretion of referee or umpire, 53.
award must not be silent as to, 54.
under this Act is in nature of voluntary, 44.
proceedings in, 44, 45 .
REGISTERED LETTER,
service of notice, &c., by, 71.
Index.
REGISTRAR OF COUNTY COURT,
extension of time for umpire's award by, 50.
may appoint referee or umpire by consent, 43.
scale of costs to be taxed by, 70.
REMAINDERMAN,
how affected by charge for compensation, 77.
no power to oppose granting of charge, 77.
RENT,
reserved generally, is payable yearly, 121.
landlord's charge for drainage recoverable as, 15, 18,
reduction of compensation in respect of rent due, 25.
apportioned part of, 29.
to be paid before removal of fixtures, 93.
reduction of, on resumption for improvements, 114.
for severance, 114, 116.
to be settled by agreement or references,
114, 115.
no appeal against award, 115.
distress for, under old law, six years, 121.
limited to one year, 120.
where time allowed for payment, 120.
existing arrears, 120.
costs of, 130, 156.
compensation to be set off against, 129.
reservation of best, 119.
penal, in last year of tenancy, 140.
RENT CHARGE,
owner of, not affected by limitation of distress, 121.
RENTS AND PROFITS,
person entitled to receive for time being, is landlord,
152.
Index.
REPLEVY,
time for, extended to 15 days, 133.
exclusive of days of taking and sale, 134.
on request of owner or tenant, 133.
form of request, 330.
within what time to be made, 134.
on giving security for extra costs, 133.
security how settled in case of difference, 136.
court of summary jurisdiction cannot grant, 129.
every owner must replevy his own goods, 134.
REPORT,
of committee of Chambers of Agriculture, 210.
REQUEST,
to appoint referee, 37.
form of, 318.
umpire, 38, 41, 42.
form of, 319.
must be in writing, 38.
to remove distress for sale, 132.
form of, 329, 330.
to extend time to replevy, 133.
when to be made, 134.
form of, 330.
RESERVOIR,
resumption of land for making, 114.
making, is improvement under the Act, 155.
customary allowances for making, 211, 222, 229.
RESUMPTION FOR IMPROVEMENTS,
for what purposes, 113.
notice to quit for, 113.
form of, 328.
option of tenant on, 115.
counter notice by tenant, 115.
form of, 329.
Index,
KESUMPTION FOR IMPROVEMENTS— co/iimued.
reduction of rent upon, 114.
for severance, 114, 116.
to be settled by agreement or
reference, 114, 115.
no appeal against award, 115.
REVOCATION,
of tenant's notice of intention to drain, 15.
must be made before landlord's undertaking, 18.
of appointment of referee, 43.
of submission to reference, 43.
RIGHTS,
general saving of, 151.
RO'ADS,
resumption of land for making, 114.
making, is improvement under the Act, 155.
custom of the country as to making, 222.
ROOTS,
sold off the holding, 25.
ROOT MANURES,
special, valuation of, 206.
RULE OF COURT,
submission to reference not to be made, 55.
award not to be made, 55.
RUTLANDSHIRE,
custom of country in, 223.
SAMPLES,
production of, to referee or umpire, 44.
enforceable by attachment, 45.
parties cannot compel, 45.
Index.
SAND,
resumption of land for obtaining, 114.
SAVING OF EIGHTS,
general, 151.
SCHEDULE,
First, 155.
no compensation Tinder the Act for improvement
unless mentioned in, 2.
Second, 156.
SCOTLAND,
Act does not extend to, 154.
SEAWEED,
used as manure, customary allowances for, 219, 226.
SECURITY FOR COSTS,
on appeal to quarter sessions, 128.
of extended time for replevy, 133.
how settled in case of difference, 136.
by bond and sureties, 136.
by deposit in court, 137.
SERVICE,
of notices, &c., how to be made, 71.
when deemed to have been made, 71.
on landlord preferable to agent, 71.
SET-OFF,
of compensation against rent, 129.
SETTLED LAND ACT, 1882,
capital money under, may be paid aa compensation,
73, 79.
applicable to redeem charge, 73, 79.
restrictions of, how far applicable to this Act, 79 — 82.
Index,
SEWERS RATES,
who liable to pay, 30.
SHEEP,
consumption of purchased foods by, 156.
SHODDY,
valuation of, 206.
SHROPSHIRE,
custom of country in, 224.
SIDING,
resumption of land for making, 114.
SILOS,
formation of, is improvement under the Act, 155,
SLUICES,
making, is improvement under the Act, 155.
SODA, NITRATE OF,
valuation of, 202.
customary allowances for, 219, 221, 226.
SOMERSETSHIRE,
custom of country in, 224.
SOOT,
customary allowances for, 215, 219, 224, 226.
SPECIAL CASE,
statement by county court judge, 57.
on point of law only, 57.
procedure on, 61.
refusal of judge to state, 61.
Index.
STAFFORDSHIRE,
custom of couutry in, 224, 225.
STEAM ENGINES.— See Machinery.
STRAW,
sold off the holding, 25.
SUB-LESSEE,
improvements by, 117.
SUBMISSION TO REFERENCE,
made by delivering appointment to referee, 43.
cannot be revoked without consent, 43.
not revoked by marriage or bankruptcy, 43.
under this Act, is voluntary, 44.
not to be made a rule of court, 55.
SUBPCENA,
attendance of witnesses at reference, not enforceable
by, 44.
SUB-TENANT,
right of tenant to compensation for improvements
made by, 3, 117.
SULPHATE OF AMMONIA,
valuation of, 203.
customary allowances for, 214, 219, 221, 226.
SUMMARY JURISDICTION ACTS, 128.
of 1879, s. 31 (appeal), 294.
SUPERIOR LANDLORD,
liability of, to compensate tenant for improvements by
sub-tenant, 3.
SUPERPHOSPHATE OF LIME,
valuation of, 203.
customary allowances for, 213, 214, 215, 216, 219, 221,
224, 225, 227.
Index.
SURREY,
custom of country in, 226.
SUSSEX,
custom of country in, 226.
TABLE
of manurial values of purchased feeding stuffs, 195.
for calculating instalments to repay capital and interest,
232.
TAXES,
reduction of tenant's compensation in respect of, 25.
liability of landlord or tenant to pay, 30.
TENANCY,
contract of, defined, 151.
determination of, defined, 152.
how caused is immaterial, 3.
tenant not entitled to compensation until, 1.
on lease for life, 32.
on forfeiture or ejectment, 32.
by death of landlord, 33.
by cesser of landlord's estate, 33.
renewal of, tenant not entitled to compensation on, 3.
change of, does not deprive tenant of right to compensa-
tion, 143.
yearly, when implied by law, 90.
year's notice to quit, necessary, 90.
current at commencement of Act, when determined, 151.
improvement after notice to quit, 149.
TENANT,
definition of, 152.
extended meaning of, 152.
compensation to, given by the Act, 1.
Index.
TENANT— conewwecZ.
compensation to, augmentation of, 25.
reduction of, 25.
agreement with landlord as to, 35.
at will, no claim to compensation, 4.
on suflFerance, no claim to compensation, 4.
in employment of landlord not entitled to compensa-
tion, 139.
notice to quit, 88.
part of holding, 114.
infant or of unsound mind, guardian for, 62.
married woman, 64 — 67.
if landlord trustee, how compensation payable, 83.
may obtain claarge on holding in
payment, 83.
only for compensation due,
84, 87.
trustee not personally liable to pay,
83.
incidence of charge by, 84, 85.
notice to, to pay rent to mortgagee, effect of, 5.
may require removal for sale of goods distrained, 132.
form of request, 329.
must bear costs of removal, 132.
may require 15 days to replevy distress, 133.
exclusive of days of taking and sale, 134.
form of request, 330.
must give security for extra costs, 133.
right of, to fixtures, 92.
notices by,
of claim, 32.
form of, 313.
of intention to execute drainage works, 14, 17^
form of, 308.
of intention to remove fixtures, 93.
form of, 328.
of election to quit entire holding, 115.
form of, 329.
X
Index,
TENANT— cojiiMiMed
incoming, may pay compensation to outgoing, 141.
with, landlord's consent, 141.
torm of consent, 330.
right of, to compensation after payment, 141, 142.
beginning improvement in last year of tenancy, loses
right to compensation, 149.
or after notice to quit, 149,
exceptions to rule, 149.
designation of, applies till after conclusion of pro-
ceedings, 153.
remaining in holding during change of tenancy, rights
of, 147.
general saving of rights of, 151.
TENANT FOR LIFE,
charge on holding by, 75.
binds remainderman, 77, 117.
powers of, under Settled Land Act, 1882, 73, 79.
TIME,
of each improvement, etc., to be specified in award, 52.
for tenant to give notice of intention tu claim, 31.
to execute drain-
age works, 14.
to remove fix-
tures, 93.
of election to quit entire hold-
ing, 115.
for landlord to give counter notice, 31.
appointment of referee, 37.
umpire, 37, 38.
referee to make award, 46
extension of, 46.
umpire to make award, 50.
extension of, 50.
matters to be referred to umpire, 50.
payment of compensation, 55.
2c
Index.
IIM'E— continued.
for appealing against award, 56.
notice to quit, 88.
distraining for rent, 120.
replevying, 133.
landlord to object to improvements in the last
year of tenancy, 149.
TITHE-RENTCHARGE,
reduction of compensation in respect of, 25.
TOWN STABLE MANURE,
valuation of, 198.
customary allowances for, 213, 218, 223, 228.
TRAMROAD,
resumption of land for making, 114.
TREES,
resumption of land for planting, 114,
customary allowances for planting, 214, 220.
for stocking and grubbing, 215,
222.
TRUSTEE,
payment of compensation wliere landlord is, 83.
not personally liable to pay compensation, 83.
may obtain charge on holding, 83.
before payment of compensation, 83.
imless for drainage works executed
by him, 84.
incidence of charge obtained by, 84.
for ecclesiastical or charitable piirposes, 113.
landlord powers of, how exercisable, 113.
where bound to reserve best rent, 119.
in bankruptcy, of tenant, included in term tenant, 152,
Index.
UMPIRE,
appointment of, by referees, 37.
form of, 318.
must not be by lot, 40.
disapproval of parties to, immaterial, 40.
before entering on reference, 37.
appointment of, by land commissioners, 41.
by county court, 42.
death of, 38, 41.
when matters stand referred to, 50.
powers of, to order production of documents, &c., 44.
to administer oaths, 44.
to proceed ex 'parte, 45.
over costs of reference, 53.
award of, time for making, 50.
extension of, 50. ,'
to be signed by, 46.
to be in writing, 46.
remuneration of, 53, 55.
remission of award to, by county court, 57.
UNDERWOOD,
customary allowances for, 215, 217, 218, 223.
UNEXHAUSTED MANURES,
Lawes' tables for ascertaining value of, 187 — 209.
proper basis of valuation of, 187,
VALUATION
of crops, &c., between incondng and outgoing tenant,
142.
practical rules for^ of improvements, 174 — 209.
VALUE,
depreciation of, after resumption of part of holding,
114.
capabilities of soil not to be taken into account, 2.
bf fixtures, to be settled by reference, 94.
to incoming tenant, is basis of compensation, 2, 174;
Index.
• VOUCHEE,
production of, to referee or umpire, 44.
enforceable by attachment, 45.
parties cannot compel, 44.
WALES,
custom gf country in, 231.
WALLS,
customary allowance for building, 211.
WARPING OF LAND,
is improvement under the Act, 155.
, WARWICKSHIRE,
custom of country in, 226.
WASTE,
rediiction of compensation in respect of, 25.
landlord's claim for, limited to foui' years, 26.
what is, 29.
yearly tenant not liable for permissive, 29.
landlord cannot claim for, without notice, 30.
WASTE LAND,
reclamation of, is improvement under the Act, 155.
customary allowance for, 229.
WATER COURSE,
is improvement under the Act, 155.
resumption of land for making, 114.
customary allowance for making, 222.
WATER POWER,
application of, is improvement under the Act, 155.
WELLS,
making, is improvement under the Act, 155.
customary aUoAvances for making, 222, 229.
Indect.
WESTMOKELAND,
custom of country in, 226.
WHARF,
resumption of land for making, 114.
WIGHT, ISLE OF,
custom of country in, 227.
WILTSHIRE,
custom of country in, 227.
WITNESSES,
attendance of, at reference, cannot be enforced, 44.
WORCESTERSHIRE,
custom of country in, 227.
YEAR,
last, of tenancy, improvements executed in, 149.
agreement for penal rent in, void, 140.
notice to CLuit, 88.
YORKSHIRE,
custom of country in, 227.
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