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 Royal Institution of 
 Chartered Surveys 
 
 The Agriculture Act, 1920
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 THE 
 
 SURVEYORS' INSTITUTION 
 
 (INCORPORATED BY ROYAL CHARTER), 
 
 12, Great George Street, Westminster, S.W.I. 
 
 The Agriculture Act, 1920. 
 
 MEMORANDUM 
 
 prepared by 
 Mr. C. B. MARSHALL, Solicitor 
 
 {of Messrs. Lewin, Gregory, and Anderson) 
 
 at the Joint request of the Surveyors' Institution, the Auctioneers' 
 
 and Estate Agents' Institute, the Central Landowners' Association, 
 
 and the Land Agents' Society. 
 
 FEBRUARY, 1921. 
 
 London : 
 
 PUBLISHED AT THE INSTITUTION. 
 
 12, Great Georj^e Street, Westminster, S.W. 1.
 
 THE 
 
 SURVEYORS' INSTITUTION 
 
 (INCORPORATED BY ROYAL CHARTER), 
 
 12, Great George Street, Westminster, S.W. 1. 
 
 THE AGRICULTURE ACT, 1920. 
 
 MEMORANDUM 
 
 PREPARED BY 
 
 Mr. C. B. MARSHALL, Solicitor. 
 
 February, 192 1. 
 
 HEADS OF ARRANGEMENT. 
 
 I'Al'.ES 
 IXTROnUCTORY ... ... ... ... 4 tO 6 
 
 Head L 
 
 Continuance of Corn Production Act, 1917, 
 with modified provisions as to minimum 
 and average prices, &c. 
 
 Sections i, 2, 3, 5, 6, 7, and S ... ... 7 to 8 
 
 Head H. 
 
 Repeal of Section 9 of Corn Production 
 Act, 1917, and new powers as to enforce= 
 ment of cultivation in lieu thereof. I Part i. 
 
 Sections 4 and 9, and the definition of " rules of 
 good husbandry" in Section t^2> ••• ... 9 to 14 
 
 Sub-divided into — 
 
 (i.) Sub-sections (i) to (6) and (9) of 
 
 Section 4 ... ... ... 9 to 12 
 
 (ii.) Sub-sections (7) and (8) of Sec- 
 tion 4 ... ... ...12 to 14 
 
 (iii.) Sub-section (10) of Section 4 ... 14 
 
 Section 9 ... ... ... 14 
 
 A 
 
 / 
 
 of Act.
 
 Fart II. 
 of Act. 
 
 Head III. 
 
 Amendment of Agricultural Hold= 
 ings Acts 
 
 Sub-divided into — 
 Sub-head A. 
 
 , Compensation for disturbance in re- 
 
 spect of agricultural holdings, allotment 
 gardens, and cottages ; and extension 
 of tenancies under leases for a term of 
 years — Section lo ; the definition of 
 " rules of good husbandry " in Sec- 
 tion 2,1 and Section 13; and Sections 
 1 1 and 12 
 
 Section 10 
 
 Considered as follows : — 
 
 (a) Sub-section (it) ... 19 
 
 (b) Sub-section (i) («), . 
 
 the definition of 
 "rules of good hus- 
 bandry " in Section 
 },l, Sub-section (2) ; 
 paragraphs {b\ (r), 
 {d), and (/), and 
 proviso of Sub-sec- 
 tion (i); paragraphs 
 {a\ (b), {c), id), (e), 
 (/), and (g) of Sub- 
 section (7) ; Sub- 
 section (i) (e) and 
 Sub-sections (3), (4), 
 and (5) as to read- 
 justment of rent ... 
 
 (c) Sub-sections (6) and 
 
 (S) 
 
 (d) Sub-sections (10) and 
 
 (12) ; and Sub-sec- 
 tions (i) and (9) ... 
 
 Section 13 
 
 Section 11 
 
 Section 
 
 I'.V.KS 
 
 I'AGES 
 
 20 to 26 
 
 26 to 28 
 
 ?9 to 
 
 to 60 
 
 12 
 
 Sub-head B. 
 
 15 to 36 
 15 to 30 
 
 30 to 32 
 32 to 34 
 34 to 36 
 
 Law as to improvements — Sections 1 5 
 and 27; Section 29: and First Schedule 36 to 4^
 
 HP 
 
 Head III. — {continued). Ps 1!) I (X^ 
 
 Sub -head C. tahes 
 
 Compensation for continuous adop- 
 tion of special standard or system of 
 farming and compensation to latidlord 
 for deterioration of holding — Sections 
 1 6 and 19 ... ... ... 45 to 48 
 
 Section 16 ... • ... 45 to 47 
 
 Section 19 ... ... 47 to 48 
 
 Sub-head I). 
 
 Provisions as to arbitration — Sec- 
 tions 18, 20, and 21 ... ... 48 to 51 
 
 Section 18 ... ... 48 to 49 
 
 Section 20 ... ... 50 
 
 Section 21 ... ... 50 to 51 
 
 Sub-head E. 
 
 Notices to quit — Section 28 ... 511053 
 
 Sub-head F. 
 
 Minor Amendments of Agricultural 
 Holdings Acts — Sections 14, 17, 22, 
 23, 24, 25, 26, 29 ; and First Schedule 53 to 60 
 
 Head IV. 
 
 Miscellaneous Provisions. 
 
 Sections 30, 31, 32, y^, 34, 35, 36 
 Second Schedule ... 
 
 and 
 
 VMW' 
 
 :.s \ 
 
 Part 11. 
 of Aci. 
 
 / 
 
 61 to 62 
 
 Part III. 
 of Act. 
 
 Notes a.s to Inai)\ektent Errors, (Src. 
 
 Text of Act with Notes thereon 
 
 62 
 
 ,..65 to 107 
 
 A 2 
 
 r:jjni(2,yy 
 
 ^^j> i
 
 INTRODUCTORY. 
 
 The Act is divided into three Parts, The First Part 
 amends the Corn Production Act, 191 7; the Second Part 
 very largely redrafts the Agricultural Holdings Acts ; 
 and the Third Part contains general and supplementary 
 provisions. 
 
 The Act deals with a large variety of subjects, and for 
 the assistance of readers who have not had an opporlunit\- 
 of following the Bill for the Act in its progress through 
 Parliament it will be convenient further to subdivide the 
 Parts of the Act and regroup their sections, so that the 
 general effect may be more readily appreciated. In the 
 first place, therefore, it is proposed to describe as brieflv as 
 possible, and under separate heads, the provisions of the 
 Act, indicating the very important changes it introduces 
 into the present law ; while later in this Memorandum the 
 full text of the Act has been reprinted \Aith such annota- 
 tions and comments as suggest themselves, and relate to 
 matters not already sufficiently dealt with. This being a 
 Memorandum and not a text-book, it has been assumed 
 that the reader will have the Corn Production Acts and the 
 Agricultural Holdings Acts before him, though in some 
 cases their provisions have been reproduced. 
 
 The Act being one of considerable complication, the 
 reader is advised before proceeding further to acquaint 
 himself, by reference to the " Heads of Arrangement " pre- 
 fixed to this Memorandum, and repeated on pp. 5 & 6, with 
 the general method of arrangement into Heads and Sub- 
 heads which has been adopted. 
 
 The Act applies to Scotland subject to certain modifi- 
 cations (Section 34), but it is not within the purpose of 
 this Memorandum to deal with such application. The Act 
 does not extend to Ireland (Section 35).* 
 
 The Act came into operation on the ist Januarv, 1921, 
 but there are numerous provisions, to which attention w iil 
 be drawn in due course, the application of u hich is either 
 postponed or otherwise restricted. 
 
 * See ieniarl<s on p. 63 pod.
 
 ANALYSIS OF AND GENERAL OBSERVATIONS 
 
 UPON THE ACT. 
 
 The provisions of the Act may, for the purpose of 
 obtaining a preliminary grasp of their scope and effect, be 
 conveniently grouped under the following heads and sub- 
 heads, and are so dealt with in these Observations : — 
 
 PART I. OF ACT. 
 
 Head I. — Continuance of Corn Production Act, 
 19 1 7, WITH Modified Provisions as to Minimum 
 AND Average Prices, &c. 
 
 Sections i, 2, 3, 5, 6, 7, and 8. 
 
 Head II. — Repeal of Section 9 of Corn Production 
 Act, 191 7, AND New Powers as to Enforce- 
 .ment of Cultivation in lieu thereof. 
 
 Sections 4 and 9 ; and the definition of " rules of 
 " good husbandry " in Section 23- 
 
 PART II. OF ACT. 
 
 Head IIL — Amendment of Agricultural Holdings 
 Acts. 
 
 Sub-head A. — Compensation for disturbance in respect 
 of agricultural holdings, allotment gardens and 
 cottages, and extension of tenancies under leases 
 for a term of years. 
 
 Section 10; the definition of "rules of good 
 "husbandry" in Section 2>Z\ Section 13; and 
 Sections 1 1 and 12. 
 
 Sub-head B. — Law as to improvements. 
 
 Sections 15 and 27; Section 29; and First 
 Schedule.
 
 PART II. OF \CT—{<oi!/iii!ied). 
 Head III. — [conilnued). 
 
 Sub-head C. — Compensation for continuous adoption 
 of special standard or system of farming and 
 compensation to landlord for deterioration of 
 holding. 
 
 Sections i6 and ig. 
 
 Sub-head D. — Provisions as to arbitrations. 
 Sections i8, 20, and 21. 
 
 Sub-head E. — Notices to quit. 
 Section 28. 
 
 Sub-head F. — Minor Amendments of Agricultural 
 Holdings Acts, &c. 
 
 Sections 14, 17, 22, 23, 24, 25, 26, and 29 ; and 
 First Schedule. 
 
 PART III. OF ACT. 
 
 Head \\ . — Miscellaneous Provisions. 
 
 Sections 30, 31, 32, 33, 34, 35, and 36; and 
 Second Schedule. 
 
 NOTES AS TO INADVERTENT ERRORS, &c. 
 TEXT OF ACT WITH NOTES.
 
 Part I. of Act. 
 
 Head I. — Continuance of Com Production Act, 1917, 
 with Modified Provisions as to Minimum and 
 Average Prices. 
 
 Sections i, 2, 3, 5, 6, 7, and 8. 
 
 The provisions falling under this head, while of great 
 importance, will not be of such intimate daily significance 
 to landowners, surveyors, agricultural valuers, and land 
 agents as those dealt with under later heads, and it will 
 be sufficient for the purposes of this Memorandum to give 
 a areneral summarv of them. 
 
 It will be remembered that the Corn Production Act, 
 1917, inaugurated the system of guaranteed minimum prices 
 for wheat and oats (Part I.) ; set up the Agricultural \Vages 
 Board for the reoulation of the wasfes of aoricultural work- 
 men (Part II.) ; restricted the raising of agricultural rents 
 under certain conditions (Part III.) ; and conferred powers 
 upon the Board (now the Ministry) of Agriculture for the 
 enforcement of proper cultivation (Part IV.). 
 
 It was provided by Section 19 of that Act that its 
 operation should continue until the end of the year 1922, 
 and no longer, unless, meanwhile. Parliament made pro- 
 vision for its continuance. Special provision was made as 
 regards the commencement of the operation of Part IV. 
 as explained hereafter. 
 
 The present Act (Section i) modifies very materially 
 these temporary provisions of the Act of 191 7, and as so 
 modified makes them permanent, but provision is made for 
 terminating the operation of the Act of 19 17 by means of 
 an order in Council to be made on an Address presented 
 to the Crown by both Houses of Parliament, but subject to 
 the condition that the order shall not take effect until the 
 expiration of the fourth year after the date on which it was 
 made. 
 
 Special attention should be drawn to the fact that 
 (although it will naturally always be open to Parliament 
 to amend the present Act by Bill in the ordinary way) the 
 power given to both Houses of Parliament by Section 1(1) 
 to secure the cesser of the operation of the Act of 191 7 
 relates to the whole of that Act as amended bv the present
 
 8 
 
 Act [vide Section 33 (6) and Section 36 (2) ). It follows 
 tliat sliould such an Address be made and acceded to, the 
 guaranteed minimum prices, the regulation of the wages of 
 agricultural workmen, the restriction of the raising of agri- 
 cultural rents, and the power of the enforcement of cultiva- 
 tion (now contained in Section 4 of the present Act) will 
 all come to an end together, and the repeal of one such set 
 of powers or provisions without the other or others of them 
 cannot be obtained without a new Act of Parliament. In 
 other words, Part I. of the present Act is to be read as one 
 with the Act of 191 7, and stands or falls with it (Section 36 
 (2) ). The provisions of Part II. of the present Act, which 
 are to be read as one with the Agricultural Holdings Acts, 
 and which in effect set up a new code of agricultural law, 
 arc, on the contrary, of a permanent character and will be 
 unaffected by any such action as above mentioned under 
 Section i. . 
 
 The Act amends Part I. of the Act of 191 7, which re- 
 lates to guaranteed minimum prices in the following manner: 
 Instead of the prices fixed bv the Act of 191 7.. the minimum 
 prices in future are to be based on the following minimum 
 prices for the standard year 1919, viz., wheat, 68.v. per cus- 
 tomary quarter of 504 lb., and oats, 465. per customary 
 quarter of 336 lb. These were the minimum prices re- 
 commended by the Royal Commission on Agriculture, and 
 are based on the cost of production in the standard year, 
 viz., 1919. Minimum prices for 192 1, and subsequent years, 
 are to be fixed by three Commissioners, and are to rise or 
 fall in comparison with the above prices for the standard 
 year in the same proportion as the cost of production rises 
 or falls in comparison with the cost for the standard year. 
 One of the Commissioners is to be appointed by the 
 Minister of Aijriculture and the Board of Agriculture for 
 Scotland jointly, one by the Treasury, and one by the 
 Board of Trade (Sections 2 and 3). 
 
 By Section 6 a separate agricultural wages administra- 
 tion for Wales is established on the lines of the Scottish 
 scheme under the Act of 19 17. 
 
 Any detailed comment upon Sections 5, 7 and 8 can be 
 conveniently postponed until the text of tlie \\\\\ is dealt 
 with later in this Memorandum.
 
 Head II. Repeal of Section 9 of the Corn Produc= 
 tion Act, 1917, and New Powers as to Enforce= 
 meat of Cultivation in lieu thereof. 
 
 Sections 4 and cj ; and the definition of the 
 '' rules of good husbandry " in Section 23- 
 
 Section 4 (Power to enforce proper cultivation) of the 
 Act (for text see p. 6g) reproduces the repealed Section 9 
 of the Act of igiy in a, much amended and exteiided form : 
 and as the original Section 9 formed part of Part IV. of 
 the Act of 191 7, the operation of which was postponed as 
 explained liereafter, constitutes in effect entirely new 
 legislation. 
 
 The section may be divided into three distinct parts, bv 
 each of which separate and self-contained powers are con- 
 ferred, viz. : — 
 
 (i.) .Sub-sections (i) to (6) inclusive and (9), relating to 
 the enforcement of proper cultivation of arable 
 or grass land and the execution of necessary 
 works of maintenance ; 
 
 (ii.) Sub-sections (7) and (8), relating to the appoint- 
 ment of a receiver and manager of a srrosslv 
 mismanaged agricultural estate; 
 
 (iii.) Sub-section (10), relating to injurious weeds. 
 
 Before entering upon these distinct parts of Section 4 
 it may be pointed out that the powers of the section are, in 
 the main, conferred upon the Minister. It is obvious, 
 however, that in the great majority of cases they will in 
 effect be delegated to and be put into force by the county 
 agricultural committee, although, of course, the responsi- 
 bility of the Minister will not be impaired, and this fact is 
 indicated in certain instances by reference being made to 
 such committees. It should be noted, however, that in 
 some cases action bv or the co-operation of the Minister is 
 specially prescribed; vide in particular Sub-section (4) (tr). 
 
 As regards (i.) above — Enforcement of proper cultivation, Sub-sections 
 &c.— attention must first be drawn to two definitions, \iz., < ^ '"^ (t>) an" 
 those of " the rules of good husbandry " and of " necessar\- (Enforcement 
 ''works of maintenance," both of which are of great im- '>t' proper 
 portance, and must be fully borne in mind. 'inhr^'*''"T ■ . 
 
 The former — '' rules of good husbandry '' — will be found land and 
 in Section 33 (4) of the Act. It was the subject of much execution of 
 discussion in Parliament, and possesses a double im- "'^'-''^'^''^''y 
 
 lenance.)
 
 10 
 
 porlance, inasmuch as it dciiiics the expression " rules of 
 "good husbandry," not only for the purposes of the section 
 now under examination, but also wherever otherwise used, 
 notably in Section lo (Compensation for disturbance), one 
 of the most important provisions of the Act. It will be 
 seen that the common use of this definition in this manner 
 establishes an equipoise between Section 4 and Section 10. 
 For the purposes of Section 4 it indicates the standard of 
 husbandry (considerably higher than that usually associated 
 hitherto with the expression "rules of good husbandry"), 
 any falling off from \\ hich will bring into potential play the 
 powers of enforcement of proper cultivation conferred upon 
 the Minister, while for the purposes of Section 10 it will be 
 only when the standard thus indicated has been attained 
 that the tenant will be entitled to compensation for dis- 
 turbance on receiving a notice to quit. 
 
 The latter definition — " necessary works of mainten- 
 " ance " — will be found in Sub-section (9) of Section 4, 
 and is required for the purposes of paragraphs (r) and {d) 
 of Sub-section (i) and succeeding provisions. It will be 
 noted that the definition of "rules of good husbandry"' 
 overlaps that of " necessary works of maintenance," in that 
 it contains the substance of such latter definition together 
 with more also ; but the wording of the parts common to 
 both is the same in effect, and the provisions for the 
 purposes of wliich they are employed therefore "read" 
 correctly. It will also be noted that in both cases care 
 has been taken by the provisoes not to impose on any 
 person any obligation which in the particular case he 
 should not bear, this being necessary because of the 
 definitions being made to apply, under varying conditions 
 and in various sections, to owner, occupier, and tenant. 
 
 The significance of the above definitions being appre- 
 ciated. Sub-sections (i) to (6) of Section 4 are straight- 
 forward, but there are other points to which attention may 
 usefully be directed. 
 Sul*-seciiou Iri the first place it should be noted that all land fallin 
 
 (I) («). within the description of " a park garden or pleasure 
 
 " ground or land adjoining a mansion-house or garden 
 " attached thereto and required for their protection or 
 " amenity or woodland or land cultivated for osiers " is 
 withdrawn altogether from the operation of Sub-sec- 
 tions (i) to (6). 
 Siib-secii(*n Secondly, it will be observed that the power given by 
 
 (!)(''•). Sub-section (i) {/>) is in addition to and independent of 
 
 or
 
 1 1 
 
 • 
 
 •that given in paragraph {a). Both it and paragraph (a) 
 must, however, be read in conjunction with the important 
 ■words " so, however, as not to interfere with the discretion 
 " of the occupier as to the crops to be grown " appearing 
 later in the sub-section. It is submitted that there is 
 nothing in the section authorising the making of " plough- 
 " ing-up orders" except possibly in extreme cases under 
 paragraph (d) of Sub-section (i). 
 
 Upon the point of the independence of paragraphs (a) 
 and (d), it is also to be noted that the fact that the land 
 was being cultivated according to the " rules of good 
 "husbandry" would not necessarily prevent action being 
 taken in a proper case under paragraph (d). 
 
 It may also be pointed out that paragraphs {c) and (d) -Sub-section 
 of Sub-section (i) are complementary, the former providing *^' *'* ^'"*^ ^'^^ 
 for the case of an owner-occupier, and also for that of a 
 tenant who is either liable to execute the works referred to 
 or whose neglect or default has rendered them necessary ; 
 and the latter for the case of the owner of land in tenancy. 
 In the latter case it is to be noted that the owner's liability 
 is not limited merely to his legal liability to the tenant, but 
 extends to all necessary works of maintenance " not being 
 " works to which the preceding paragraph applies." 
 
 There is also a broad distinction of principle to be 
 noted between the repealed Section 4 of the Act of 191 7 
 and the section now under consideration. Under the 
 former, provision was made for the Board of Agriculture (in 
 the event of the occupier failing to comply with a cultiva- 
 tion order) to determine or procure the determination of 
 the tenancy or (where the occupier in default was not a 
 tenant) to enter on and take possession of the land and 
 subsequently to let it, &c. ; and further provision was 
 made for the payment of compensation to persons v»ho 
 suffered loss by reason of the exercise of such powers. 
 
 The present provision, however, proceeds upon a 
 different footing. In the first place the powers given by 
 -paragraph (d) of Sub-section (i) are much limited by the 
 words "in the national interest and without injuriously 
 '• affecting the persons interested in the land or altering 
 " the general character of the holding" ; while the position 
 of any person aggrieved by a notice is further safeguarded 
 by the power to refer all questions at issue to arbitration. 
 Further, there is no power to the Minister under Sub- 
 sections (i) to (6) to determine or call for the determination 
 of a tenancy or to take possession, the remedies provided
 
 12 
 
 Sub-sections 
 (7) and (8). 
 (Appointment 
 of receiver and 
 manager of 
 grossly mis- 
 managed agri- 
 cultural estate.) 
 
 being either the institution of proceedings for a fine under 
 Sub-section (4) (a) or the execution of the works and 
 recovery of the cost under Sub-section (4) (/') ; while a 
 power is also given to the Minister by Sub-section (5) of 
 authorising a tenant to execute works in respect of whick 
 an owner is in default and to recover the cost."^" In view of 
 these modifications and added safeguards there is no longer 
 any provision for the payment of compensation ; and ac- 
 cordingly if any improvement in an existing method of 
 cultivation is required by an order, and such order, after 
 surviving, if necessary, the ordeal of arbitration, becomes 
 effective, any loss sustained by persons concerned as a result 
 of such improvement will be borne by them. 
 
 Lastly, it may be pointed out that the expression 
 " owner " throughout Section 4 includes a person entitled 
 for his life or other limited estate (Sub-section (12)). 
 
 Turning to (ii.) above — Sub=sections (7) and (8j, relating to 
 the appointment of a receiver and manager of a grossly mis- 
 managed agricultural estate— these provisions (for text see 
 p. 71 j are wholly new legislation and had no place in the 
 Act of 191 7. They confer upon the Minister a power of 
 appointing, against the will of an owner, a receiver and 
 manager of an agricultural estate in certain very exceptional 
 circumstances. The words " grosslv mismanasfes his estate 
 " to such an extent as to prejudice materially the produc- 
 " tion of food thereon or the welfare of those who are en- 
 " g^g^^ ^^^ t^"*^ cultivation of the estate " are exceedingly 
 strong, and indicate clearly that it is only to the very ex- 
 ceptional case that these provisions are intended to, or 
 would, apply. 
 
 In the first place it should be noted that the expression 
 " owner" again includes, for the purposes of the provision 
 now under examination, a person entitled for his life or 
 other limited estate. 
 
 Secondly, attention should be drawn to paragraph {e) of 
 Sub-section (7), which provides that the po^\■ers conferred 
 bv the sub-section shall be in addition to and not in dero- 
 gation of any other powers conferred upon the Minister by 
 Section 4. It is thus made clear that two alternative 
 courses will be open to the Minister in the case of any 
 aericultural land to which his attention mav be drawn. 
 He may take action against the owner, tenant, or occupier, 
 as the case may require, under Sub-sections (i) to (6) of 
 
 * See upon the new position created as regards repairs, note (*), on Section 4. 
 p. 74 /oi-/.
 
 13 
 
 the sccllon (and would, no doubt, do so in the case of 
 single farms), or in a gross case he may rely against the 
 owner upon his powers under Sub-section (7). The latter 
 power, it should be noted, can be put in force not only in 
 respect of the whole of an " agricultural estate," but in 
 respect ''of any part thereof," though gross mismanage- 
 ment of the estate as a whole is a necessary condition 
 precedent to such action. 
 
 The expression " agricultural estate " is believed to be 
 a ne\\- departure in statutory phraseology, and may give 
 rise to question. The fact that the estate must be " agri- 
 •■ cultural '' in a broad and general sense before the sub- 
 section can be brought into play is emphasised by the 
 limitation contained in paragraph {h), which prevents 
 the appointment of the receiver and manager extending 
 to " anv land or buildingrs which are not used or intended 
 " to be used for agricultural purposes." 
 
 The operation of the sub-section is hedged about with 
 numerous safeguards. Consultation with the agricultural 
 committee by the Minister, a public inquiry, and the con- 
 sideration of any representations of the owner are all pre- 
 scribed as necessary conditions precedent to the making 
 of an order of the Minister under Sub-section (7), and in 
 addition no such order is to take effect until the expiration 
 of six months from notice of the making of the order has 
 been given to the owner, during which time he may appeal 
 against the order to the High Court. 
 
 Upon an order becoming effective, the powers of the 
 receiver and manager will be such as are usually enjoyed 
 by receivers appointed by mortgagees (for the text of the 
 applied provisions of the Conveyancing and Law of Pro- 
 perty Act 1 88 1, see hereafter p. 74), but special provision 
 is made : — 
 
 (i.) that the order shall not except with consent extend Sectioa4 
 to a mansion-house, or the gardens or grounds (7) (''')• 
 attached thereto or to any land which at the date 
 of the order forms part of any park attached to 
 or usually occupied with the mansion-house and 
 required for its amenity or convenience or to any 
 land or buildings which are not used or intended 
 to be used for agricultural purposes ; 
 
 (ii.) for the protection of sporting rights ; Section 4 
 
 (iii.) for the rendering of annual reports and statements Section 4 
 of account ; (7) (d).
 
 14 
 
 Secliun 4 (7). 
 First proviso. 
 
 Section 4 (7). 
 Last two para- 
 graphs. 
 
 Section 4 (S). 
 
 Seclic)n 4 (10) 
 (Relating to 
 injurious 
 weeds.) 
 
 Section 9. 
 
 (iv.) that, except with the t^onsent of the owner or the 
 approval of the High Court, a receiver may not 
 sell or create any charge upon the estate or cut or 
 sell timber or underwood ; 
 
 (v.) for the owner being able to apply periodically for 
 the revocation of the order, with a right of appeal 
 against refusal and for its automatic revocation 
 on sale ; 
 
 (vi.) for the making of a record of condition on the 
 requisition of the owner. 
 
 To deal lastly with (iii.) — Sub=section (10) of Section 4, 
 relating to injurious weeds (for text see p. 73) — this provi- 
 sion is new legislation. The power can be exercised only 
 against the occupier, whether owner or tenant, and in the 
 event of failure to comply with a notice under the sub- 
 section, the provisions of Sub-section (4), relating to pro- 
 ceedings for a fine and to the power of the Minister to 
 execute the work and recover the cost, are applied. Sub- 
 section (6) of Section 4, which indicates that the time 
 within which any work which may be required under the 
 section shall be executed shall not be less than one month, 
 does not apply to this sub-section having regard to the 
 words used therein. Regulations are to be made by the 
 Minister prescribing the injurious weeds to which the sub- 
 section is to apply. 
 
 Section 9 (for text see p. 77) deals with the commence- 
 ment of Part IV. of the Act of 1917 as now amended, and 
 requires some explanation. It was provided by Sec- 
 tion 1 1 (3) of that Act that the powers under the Defence 
 of the Realm Regulations exerciseable by the Board of 
 Agriculture with a view to maintaining the food supply 
 of the country with respect to the matters dealt with in 
 that Part, should cease to operate on the 21st August, 19 18, 
 or at the termination of the war, whichever was the earlier, 
 whereupon Part IV. should come into operation. Such 
 coming into operation was, however, subsequently post- 
 poned by the Corn Production Act, 19 18, until the 
 termination of the war, the Defence of the Realm Regula- 
 tions being correspondingly continued. Part I\'. of the 
 Act of 1917 accordingly never came into operation until 
 the ist January, 1921, when, under Section 9 of the present 
 Act, it took in its amended form the place of the Defence 
 of the Realm Regulations which expired (subject as men- 
 tioned) on the same day.
 
 Part 11. of Act. 
 Head III. — Amendment of Agricultural Holdings Acts. 
 
 Sub-head A. — Compensation for Disturbance in 
 
 RESPECT OF AGRICI'LTURAL HOLDINGS, ALLOT- 
 MENT Gardens, and Cottages ; and Extension 
 OF Tenancies under Leases for a Term of 
 Years. 
 
 Section lo ; the definition of "rules of good hus- 
 " bandry " in Section 33 ; Section 13 ; Sections 1 1 
 and 12. 
 
 Siection 10. — Before entering upon a general survey of 
 the new principles introduced by the above provisions, it 
 will be well briefly to recall the legal position as regards 
 the matters Avith which thev deal immediately prior to the 
 passing of the present Act. 
 
 Under Section 1 1 of the Ag^ricultural Holding-s Act of 
 1908 compensation for disturbance was payable in the 
 following circumstances : — 
 
 Where either of the two following conditions were pre- 
 sent, viz. : — 
 
 (a) a landlord Avithout good and sufficient cause a/irf 
 for reasons inconsistent with gfood estate manasfe- 
 ment terminated a tenancy by notice to quit or, 
 having been requested in Avriting at least one 
 vear before the expiration of a tenancy to grant a 
 renew^al thereof, refused to do so ; or 
 
 (d) it had been proved that an increase of rent had 
 been demanded from the tenant of a holding and 
 that such increase was demanded bv reason of an 
 increase in the value of the holding due to im- 
 provements which had been executed by or at the 
 cost of the tenant and for which he had not, either 
 directly or indirectly, received an equivalent from 
 the landlord and such demand resulted in the 
 tenant quitting the holding — 
 
 then, unless the tenant became disentitled owing to the 
 presence or absence of certain conditions provided for bv 
 the said section, hv become entitled to compensation for
 
 i6 
 
 disturbance, in addition to any compensation to which he 
 might be entitled in respect of improvements. 
 
 The quantum of compensation was " compensation for 
 " the loss or expense directly attributable to his quitting the 
 " holding which the tenant might unavoidably incur upon or 
 " in connection with the sale or removal of his household 
 " goods or his implements of husbandry, produce or farm 
 " stock on or used in connection with the holding." 
 
 It followed, therefore, that before a claim for compensa- 
 tion for disturbance could be successfullv maintained two 
 main conditions precedent had to be satisfied : — 
 
 Either the tenancy must have been terminated bv 
 notice to quit given or a renewal of the tenancv 
 must have been refused, without good and suili- 
 cient cause, and for reasons inconsistent with 
 good estate management ; 
 
 or the tenant must have quitted the holding as a 
 result of a demand for an increase of rent, 
 unjustifiablv made in the ciri'umstances above 
 described. 
 
 F"urther, where such compensation was pavable it was 
 strictly limited to the quantum above described, which has 
 become generally known as the " costs of removal." 
 
 It was also true that where a tenancv was terminated bv 
 a notice to quit, in circumstances which in all otiier respects 
 entitled a tenant to compensation for disturbance undt-r 
 Section ii of the Act of 1908, he would, in all probabilitv, 
 not have been deprived of such compt-nsa^ion [e.g., since 
 the passing of the Act of 19 14, on a sale) merely because 
 he farmed very indifferently, unless such indifference was 
 so pronounced as to constitute "good and sufficient cause" 
 for the notice to quit. 
 
 By the Small Holdings Atl, 19 10, a similar right to the 
 same quanfufn of compensation was given to tenants 
 dispossessed from their holdings with a \iew to the use of 
 the land for the provision of small holdings. 
 
 Again, it having been judicially decided that a notice to 
 quit given for the purposes of the sale of the holding was not 
 a notice given " without good and sufficient cause and for 
 " reasons inconsistent with good estate management/" a 
 similar right to the same quantum of compensation was. 
 by the Agricultural Holdings Act, 19 14, given to tenants 
 affected in this manner. 
 
 Similarly, by Section 1 (2) of the Small Holdings
 
 17 
 
 Colonies Act, 191 6, compensation lor disturbance on the 
 same scale was secured to tenants dispossessed for the 
 purposes ot that Act. 
 
 The present Act repeals Section i i of the Act of 1908, 
 the Small Holdings Act, 19 10, the Agricultural Holdings 
 Act, 1914, and the Section i (2) of the Small Holdings 
 Colonies Act, igi6 {vide Section 36 and Second Schedule), 
 and sets up by Section 10 an entirely new code of law as 
 regards compensation for disturbance. In so doing, it 
 grafts on to it a system new to English law whereby a 
 landlord or tenant may obtain readjustment of rent. And, 
 in view of the fact that Section 1 1 of the Act of 1908 (now 
 repealed) provided not only for the case of tenancies 
 terminated by notice to quit, but for the case of a refusal 
 to grant a renewal of a tenancy at the expiration thereof, 
 this latter subject is also legislated for in Section 13 of the 
 present Act. 
 
 The importance of these provisions, which with respect 
 to " security of tenure" may be expected to hold the field 
 for a generation, can hardly be, overrated. 
 
 The full text of Sections 10 and 13 will be found on 
 pages 78 and 87 of this Memorandum, but it is proposed 
 here to give a brief summary of them, drawing attention to 
 their principal features and the changes in the law they 
 introduce. 
 
 Section 10 provides that where the tenancy of a holding 
 terminates after the ist January, 192 1, by reason of a notice 
 to quit given, after the 20th May, 1920, by the landlord, 
 and in consequence of such notice the tenant quits the 
 holding, then, unless the tenant becomes disentitled under 
 any of the very numerous qualifying paragraphs more 
 particularlv dealt with hereafter, an entirely new quantum 
 of compensation for disturbance shall be payable by the 
 landlord to the tenant. 
 
 The section proceeds upon the basis not of enume- 
 rating the cases where the tenant shall receive such 
 compensation, but of providing that he shall receive it in 
 all cases, save where disentitled under the specific con- 
 ditions enumerated. This method of treatment almost 
 necessarily involves— as the list of disentitling conditions 
 cannot in practice be so extended as to cover and 
 describe every conceivable circumstance which should 
 properly preclude the payment of compensation — the ad- 
 mission of some claims for compensation which would have 
 failed under Section 11 of the Act of 190S because of the
 
 iS 
 
 operation of ihv words " without good and sufficient cause " 
 and " reasons inconsistent with good estate management." 
 It will, in fact, be found on consideration that a gap is 
 produced which in practice the disentitling provisions 
 of the new section will not wholly fill. Thus perhaps 
 the principal outstanding feature of the section may- 
 be said to be that none of the considerations arising 
 out of the words '' without good and sufficient cause and 
 " for reasons inconsistent with good estate management " 
 (which appeared in the repealed Section 1 1) arise, as these 
 words (save in one minor instance hereafter quoted) find 
 no place in the present Act. In every case of a yearly 
 tenancv (the position of holdings let for a term of two years 
 or upwards is dealt with hereafter), unless the land in the 
 particular case is of a class excepted from the section, or 
 unless the tenant is disentitled under any of the qualifying- 
 paragraphs above referred to, compensation upon the new- 
 scale will always be payable, no matter for what reason the 
 notice to quit is given or however blameless the landlord 
 may be. 
 
 It mav also be pointed out that under Sub-section (12) 
 the compensation for disturbance is to be in addition to 
 any compensation to which the tenant may be entitled in 
 respect of improvements, and where payable is to be 
 payable notwithstanding any agreement to the contrary. 
 The section itself (in paragraph {g) of Sub-section (7), 
 which will be found dealt with in due course) makes, 
 how-ever, a slight incursion into this principle. 
 
 It may be noted in passing that the section does not 
 applv to a tenancy for a year only. 
 
 I'roceedingf to a closer examination of the section, its 
 provisions can most readily be grouped as follows and 
 considered from the standpoints thus indicated: — 
 
 A. — T/ir land excepted from fJie operation of the section. 
 Sub-section (i i). 
 
 B. — The circinnstances disentitling a tenant from com- 
 pensation under the section , and the provisions as to 
 readjustment of rent. 
 
 Paragraph {a) of Sub-section (i) ; the definition of 
 " rules of good husbandry " in Section 33 and Sub- 
 section (2); paragraphs {b) {c) {d) and (/), and 
 proviso of Sub-section (i); paragraphs {a) [b) {c) {d)
 
 19 
 
 [e] (/) and {o) of Sub-section (7), paragraph (e) of 
 Sub-section (i); and Sub-sections (3) (4) and (5) as to 
 readjustment of rent. 
 
 C. — T/ie quaiiiuDi of compensation and incide)ital 
 provisions. 
 
 Sub-sections (6) and (8). 
 
 £). — Supplemental and transitory provisions. 
 
 Sub-sections (10) and (12) ; and Sub-sections (i) 
 and (9). 
 
 A. — The Land Excepted from the Operation of the 
 
 Section. 
 
 The section applies to all "holdings," save such as 
 are expressly excepted under the provision next hereafter 
 noted. " Holding " is defined in Section 48 of the Act 
 of 1908 to mean "any parcel of land held by a tenant 
 " which is either wholly agricultural or wholly pastoral 
 " or in part agricultural and as to the residue pastoral 
 " or in whole or in part cultivated as a market garden 
 '• and which is not let to the tenant during his con- 
 " tinuance in any office appointment cr employment held 
 " under the landlord"; and as this part ot the present 
 Act has to be read as one with the Act of 1908, this 
 definition holds good. 
 
 The excepted land is that described in Sub-section (i i), 
 viz., " any land which forms part of any park garden or 
 " pleasure-ground attached to and usually occupied with 
 " the mansion-house or any land adjoining the mansion- 
 '• house which is required for its protection or amenity." 
 Where anv such land is in tenancy and such tenancy is 
 terminated by notice to quit, it is provided that the 
 compensation for disturbance payable shall be such com- 
 pensation (if any) as would have been payable under 
 Section 11 of the Act of 1908 if the present Act had not 
 been passed. In such rare cases, therefore, the provisions 
 of that repealed section will still have to be resorted to, 
 and the old considerations of '' good and sufficient cause," 
 &c., &c., will arise. This appears to be the only instance 
 in which these familiar expressions will survive in future.
 
 JO 
 
 B. — The Circumstances DiSEN'iriuxi; a Texaxt i Ro.\r Com- 
 pensation UNDER the Section, ank ihk Provisions as 
 TO Readjustment of Rent. 
 
 Turnino- to considerations arisinor out of the '' dis- 
 ■' entitling " paragraphs grouped under " B " above and 
 their incidental provisions, it may first be pointed out that 
 those grouped in Sub-section (r) constitute the cases of 
 neglect or default on the part of the tenant which will 
 disentitle him from compensation for disturbance,"^ and 
 those grouped in Sub- section (7) are (except in para- 
 graphs (a) and (d)) those events or condition^ which, 
 irrespective of any action or default on the part of the 
 tenant, will have the same result. 
 
 Dealinsj with them in order : — 
 
 ParagrapJi [a) of Sub-section (i) ; the definition of " rules 
 " of good JiKshandrv " in Section 33 ; a/id Sub-section 
 (2). 
 
 If the tenant was not at the date of the notice to quit 
 cultivating the holding according to the rules of good 
 husbandry, he will be disentitled to receive compensation 
 for disturbance. This is the second and one of the most 
 important occasions when the definition of the " rules of 
 " good husbandry," which has already been referred to, has 
 to be applied. The standard set up thereby is a good 
 standard, higher than has hitherto been associated with that 
 expression, and this fact, and the necessity of such a 
 standard beingr attained as a condition of obtaining com- 
 pensation for disturbance, should (provided that tenancy 
 agreements are properly drawn) tend to a general raising of 
 the standard of agriculture in the public interest, as well, of 
 course, as protecting the landlord from paying compensa- 
 tion where it has not been fairlv earned. In this respect 
 the present section travels further than the repealed 
 Section 11, as already pointed out. 
 
 The onus of proof that the rules of good husbandry 
 were not being observed will be upon the landlord, and 
 Sub-section (2), in providing for certificates to that effect 
 being granted or refused by the agricultural committee with 
 an appeal by either landlord or tenant to an arbitrator, 
 provides a ready and speedy means of settling disputes- 
 upon the point. 
 
 * And which must also, if relied upon, be specified in a notice to quit.
 
 Paragraphs {b) Xon-payiiienf of rciii or breach of 
 covenant capable of being remedied, [c) Breach of 
 covenant not capable of being remedied, {d) Bank- 
 ruptcy, and { /") Execution of tenancy agreement ; and 
 proviso to Sub-section (i). 
 
 The first two disentitling paragraphs are complementary 
 (except so far as {b) applies to rent) and all ol" them are 
 necessitated bv the omission of the provisions of Sec- 
 tion II of the Act of 1908, relating to ''good and sufficient 
 " cause," &c. which, by reference to the contract of tenancy 
 m the particular case, formerly afforded sufficient protec- 
 tion. In so far as paragraph [b^ applies to rent, the 
 necessity for its presence is the same. 
 
 Paragraph ( f) (Refusal to execute tenancy agreement) 
 sufficiently provides for one specific instance of that class 
 of circumstance which may arise in the relations of landlord 
 and tenant, and Axhich sometimes cannot be cured other- 
 wise than by the giving of a notice to quit. 
 
 The proviso to Sub-section (i) affords a further 
 disentitling provision by enacting that a landlord may 
 offer to withdraw a notice to quit, and that if the tenant 
 refuses or unreasonably fails to accept such offer, the 
 compensation shall not be payable. 
 
 Paragraphs (a) {b) [c] [d) (e) (/) and (g) of Sub- 
 
 section (7). 
 
 Paragraph («) (Valuation of stock, &c.) reproduces the 
 general effect of a similar provision of paragraph [a) of the 
 proviso to Section 11 of the Act of 1908. The word 
 ■■ fixtures "' is new. 
 
 Paragraph {h) (Notice of intention to claim compen- 
 sation) reproduces paragrajjh {h) of the last-mentioned 
 proviso with, however, the important modification that 
 whereas hitherto notice of intention to claim has had to be 
 given within two months after receipt of the notice to quit, 
 it may in future be given up to not less than one month 
 before the termination of the tenancy. 
 
 Paragraph (c) (Death of tenant) reproduces paragraph 
 [c) of the last-mentioned proviso exactly, so far as it is now 
 appropriate. 
 
 Paragraph {d) (Cases under Section 23 of Act of 1908) 
 requires some explanation. Section 23 of the Act of 1908 
 provides that where a notice to quit is given by the land- 
 lord of a holding to a tenant from vear to vear with a view
 
 22 
 
 to the use of the hind for certain specilic purposes, it shall 
 be no objection to the notice that ii' relates to part only of 
 the holding, and further that the provisions of that Act 
 respecting compensation are to apply as if the part to 
 which the notice related were a separate holding, the rent 
 of the residue of the holding being proportionately reduced. 
 The tenant is, however, by the said section given the power 
 of accepting the notice as a notice to quit the entire holding, 
 to take effect at the expiration of the then current year of 
 tenancy. These provisions will still hold good, but para- 
 graph {d) provides that in a case where the tenant exercises 
 his right last above described, the compensation for dis- 
 turbance payable shall be limited to the part of the holding 
 to which the notice to quit relates, in all cases where such 
 part (together w'ith any other part affected by any other 
 previous notice given under the same section) is less than 
 one-fourth of the original holding or where (even Avhen this 
 proportion is exceeded) the holding as proposed to be 
 diminished is reasonably capable of being cultivated as a 
 separate holding. 
 
 Paragraph {c) (Holdings let by statutory bodies, &c.) 
 cuts into the principle which has been maintained as far 
 as possible in the Act that by whomsoever and for what- 
 soever purpose a notice to quit is given, the loss to the 
 tenant is the same, by exempting from liability to com- 
 pensation for disturbance the bodies named in respect 
 of land let by them. The fact, however, that the owner- 
 ship of the land was in such hands would almost constitute 
 notice to the tenant of the probability of early resumption, 
 and this circumstance would no doubt have been reflected 
 in most cases in the rent agreed to be paid. It is to be 
 noted, however, that if possession of the land were 
 resumed for the purposes of agriculture, compensation 
 would be payable. This incidentally saves the position 
 of tenants who are dispossessed of their holdings for small 
 holdings purposes, who, now that the Small Holdings Act 
 igio is repealed, will receive compensation for disturbance 
 in accordance with Section lo of the present Act. 
 
 Paragraph ( /) (Permanent pasture let for grazing) 
 provides for circumstances of a temporary " war " nature. 
 
 Paragraph (o) (Land let upon express terms as to 
 resumption) is another instance of an incursion into the 
 principle recently referred to. The provision is aimed at 
 meeting hard cases, e.g., of the widow of an owner- 
 occupier with, say, a young son who finds herself unable
 
 23 
 
 to work the farni pc-ndino- her son's attaining; an asje to do 
 so, and who might but for this provision be compelled to 
 let the farm witli the certainty of ha\ing to pav compensa- 
 tion for disturbance when desiring to regain possession 
 tor this purpose. The provision should work no injustice 
 to the tenant who would take with his eyes open and offer 
 a less rent accordinorh". 
 
 ParagrnpJi {e) of Sitb-section (i), and Siih-scctioiis (3) (4) 
 aud{=)). {Readjjistment of rent.) 
 
 Paragraph (^) of Sub-section (i), and Sub-section (3) 
 are complementary to each other, while Sub-sections (4.) 
 and (5) are incidental (for text see pp. 78 to 80). These 
 provisions introduce for the first time into English law the 
 principle of adjustment of rent otherwise than b\- free 
 bargaining. 
 
 It must be observed that where the landlord and tenant 
 are not in agreement as to the existing rent and one or 
 other of them takes advantage of these provisions and 
 demands arbitration as to the rent, it will in practice be 
 very dangerous for the other of them to refuse so to refer 
 the matter. For if the request is made by the tenant and 
 refused by the landlord, the tenant mav give notice under 
 Sub-section (3), and will thereupon, assuming he is not 
 disentitled under either of paragraphs [a) (/;) and (r) of 
 Section i, become entitled to compensation for disturb- 
 ance. Similarly, on the other hand, if the landlord makes 
 the request and the tenant refuses it, the landlord can give 
 notice to quit without incurring any liability for compensa- 
 tion for disturbance. The result of the arbitration has no 
 bearing on this matter at all; it is the refusal to submit the 
 rent to arbitration (however unreasonable the request may 
 be) that, subject to the provisions of Sub-section (4) 
 , hereafter dealt with, gives rise to the rights of the parties 
 conferred by these sub-sections. 
 
 It will also be observed that a request to submit the 
 rent to arbitration and a compliance with that request 
 necessarilv implies an agreement between the parties to 
 abide (for the period hereafter explained) by the arbitrator's 
 decision in the ordinary wav. The adjusted rent when 
 ascertained will derive its force and validity not directiv 
 from the x\ct but from the award, which will be founded 
 on the agreement between the parties to submit the rent 
 to arbitration.
 
 ^4 
 
 These provisions whik' inlroduoing ;in entirely new 
 principle, nevertheless, as they stand, tall short of the 
 establishment of any permanent tribunal for fixing rents 
 accordino- to a prescribed basis, sucli as a land court. 
 
 As will be seen hereafter, the tribunal {)rescribed b\" 
 the Act for the settlement of disputes thereunder (of 
 almost unlimited variety) is that of arbitration bv a sing-le 
 arbitrator, selected from a panel to be set up by the Lord 
 Chief Justice of luigland. From this panel, which will no 
 doubt comprise many of the most eminent surveyors, agri- 
 cultural valuers, and estate agents, an arbitrator will, in the 
 absence of agreement between the parties, be nominated. 
 There is therefore no permanent tribunal, but, on the con- 
 trary, a constantly changing one, whic-h should possess the 
 natural elasticity required to deal with the constantly varvincf 
 conditions in point of locality, position and character of 
 individual cases. Moreover, the method of ascertainment 
 of the awarded rent is left almost entirely at large ; there 
 are no provisions as to " fair" or "equitable " rent or the 
 like, but only some minor provisions (noted hereafter) as 
 to the factors which shall, or shall not, be taken into 
 account with regard to it. The arbitrator will therefore 
 have a practically free hand to apply that knowledge and 
 experience of local conditions and demands which ^vill 
 have fitted him for nomination. 
 
 Ry .Sub-section (4) it was ai^parently intended to 
 impose some limitation on the frequency with which the 
 power of the parties to I'all for arbitration as to the rent 
 could be exercised, but it would appear that these pro- 
 visions do not modify what would necessarily happen 
 under the other pro\isions of the Act when considered 
 together with the general law on the subject. 
 
 Under paragraph (c) of Sub-section (i ) and Sub-section 
 (3) the awarded rent will take effect as from the next ensuing 
 date at whii-h the tenancy could have been terminated bv 
 notice to quit given by the landlord or tenant at tlie date 
 of the said demand, i'.^-., in the case of a Michaelmas 
 tenanc\-, if a demand lor arbitration were made in, sav. 
 March, 1921, the awarded rent would commence from 
 Michaelmas, 1922. .Sub-section (4) prevents the exercise of 
 the right to demand arbitration with regard to rent, unless 
 that right is exercised \\ithin six months after the commence- 
 ment of the Act, in cases where the increase or reduction 
 of the rent would take effect before the expiration of two 
 years from the commencement of the tenancy or from a
 
 25 
 
 previous alteration in the rent. Cali'ulalion would sfeni 
 to show, however, tliat these provisions are not really 
 operative, as in no ease, whenever the denuincl is made, 
 would time permit ol the neeessarv notic-e to be iri\en, the 
 arbitration to be lield, and the new rent to eome into 
 operation under the pro\isioiis of Sub-seetions (i) {c) and 
 (2) under two vears. 
 
 The provision, liowever, in its reference to the last 
 occasion on which a previous increase or reduction of rent 
 took effect clears up the question of the minimum period 
 which must elapse before the new awarded rent can be again 
 altered. This is e\idently two years from such " last 
 " occasion." In the case of a Michaelmas tenancv com- 
 mencing at Michaelmas, 1921, tlierefore, a demand made 
 before Michaelmas, 1922, and a subsequent arbitration 
 would bring the new awarded rent into effect at Michaelmas. 
 1923, and such new awarded rent could be again altered h\ 
 a demand made before Michaelmas, 1924, and a new sub- 
 stituted rent brought into operation at Michaelmas, 1925. 
 
 In fact, under the operation of these provisions rent once 
 newly hxed cannot be increased or reduced (except of 
 course bv agreement) more often than once everv two 
 years.* 
 
 Sub-section (5) safeguards both the landlord and tenant 
 as to the factors which should be excluded in fixing the 
 rent, and preserves principles already adopted in somewhat 
 analogous provisions in the Act of 1908 relating to com- 
 pensation.! It should, however, be pointed out that in 
 addition to these principles an arbitrator sitting at a rent 
 arbitration will be obliged, so long as Part III. of the Corn 
 Production Act, 1917, and I^art I. of the present Act remain 
 in operation, to bear in mind the provisions of Section 8 
 (Rents not to be raised in consequence of Act) of the former 
 Act. It is there provided that the rent payable under any 
 contract of tenancy made or \aried after the passing of that 
 Act in respect of an agricultural holding shall, notwith- 
 standing any agreement to the contrary, not exceed such 
 rent as could have been obtained if Part I. (Minimum Prices 
 ot ^^'heat and Oats) of that Act had not been in force; and 
 proceeds to prescribe the method (arbitration) by which any 
 
 In connection with Sub-section (4), tlie provisions of Section 15 (4), 
 relating to market gardens and referring to the provisions last dealt with, 
 -hould be noted. 
 
 ■|- Note also the provisions of Section 16 (3) and comments thereon on
 
 26 
 
 dispute on Llie point should be determined. This provision 
 will remain in force so long as the guarantees (as modified 
 by Part I. of the present Act) continue, and must be borne 
 in mind accordingly. 
 
 C. — The Quantum of Co:\ipensation and Incidental 
 
 Provisions. 
 
 Sub-sections (6) and (8). 
 
 Attention has already been drawn (see p. i6) to the 
 quantum of compensation for disturbance under Section. ii 
 of the Act of 1908, commonly known as the "costs of 
 " removal," but for convenience of comparison the two 
 quanta are reproduced below: — 
 
 Section 11 of the Act 
 of igoS. 
 
 "... The tenant shall 
 . . . be entitled to com- 
 pensation for [the loss or 
 expense directly attribut- 
 able to his quitting the 
 holding which the tenant 
 may unavoidably incur up- 
 on or in connection with 
 the sale or removal of his 
 household goods or his 
 implements of husbandry 
 produce or farm stock on or 
 used in connection A\ith 
 the holding.]" 
 
 Section 10 {^)of the present 
 Act. 
 
 " The compensation pay- 
 able under this section 
 shall be a sum representing 
 such [loss or expense 
 directly attributable to the 
 quitting of the holding as 
 the tenant may unavoid- 
 ably incur upon or in con- 
 nection with the sale or 
 removal of his household 
 goods, implements of hus- 
 bandry, fixtures, farm pro- 
 duce or farm stock on or 
 used in connection with 
 the holding,] and shall in- 
 clude all expenses reason- 
 ably incurred by him in the 
 preparation of his claim 
 for compensation (not 
 being costs of an arbitra- 
 tion to determine the 
 amount of the compensa- 
 tion), but for the avoidance 
 of disputes such sum shall, 
 for the purposes of this 
 Act, be computed at an
 
 ^7 
 
 ''■ amount equal to one year's 
 " rent of the holding, unless 
 " it is proved that the loss 
 " and expenses so incurred 
 " exceed an amount equal to 
 " one year's rent of the 
 " holding, in which case the 
 " sum recoverable shall be 
 " such as represents the 
 " whole loss and expenses 
 " so incurred up to a maxi- 
 " mum amount equal to two 
 " years' rent of the holding." 
 
 It will be seen that there are very material differences 
 between the two quanta. In the first place, it should be 
 noted that the chief operative words shown in each case 
 within square brackets are the same except that in 
 the present Act the word " fixtures " is ncAA- and the 
 expression "farm produce" appears instead of ''produce." 
 Secondly, the quantum is now to include " all expenses 
 '' reasonablv incurred by him in the preparation of his 
 '■ claim for compensation {not being costs of an arbitration 
 " to determine the amount of the compensation)." 
 
 These details having been noted, the fundamental 
 differences are reached. Under the new provision, although 
 the onus of proof will still be upon the tenant where 
 occasion arises for its discharge, it Avill, speaking generally, 
 never have to be discharged except where the tenant is 
 dissatisfied with one yearns rent of the holding as the 
 measure of the loss or expenses he has incurred. Except 
 in such cases there will be no necessity for proof of or for 
 any assessment of such loss or expense, nor consequently 
 for any arbitration, all tenants, unless disentitled under 
 one or other of the disentitling provisions already con- 
 sidered and whether they have in fact suffered loss or not 
 or whatever the amount of it may be, automatically 
 becoming entitled to compensation amounting to one 
 vear's rent, for whatever reason, good or bad, the tenancv 
 may have been terminated and the quitting takes place. 
 It will only be when the tenant considers that the loss 
 and expenses incurred by him exceed one year's rent of 
 the holding that anv necessity for proving and determining- 
 such loss by arbitration will arise. In such cases it must 
 be proved by the tenant as hitherto, and the arbitrator
 
 28 
 
 will determine the amount to be awarded subject to the 
 limitation that the amount so awarded must not exceed 
 a sum equal to two years' rent of the holding", even if the 
 loss or expenses suffered and falling within the terms of 
 the provision in fact exceed that sum. 
 
 It should be observed that where compensation is 
 payable at all it will not vary according to whether the 
 notice to quit was given " with good and sufficient 
 " cause," &c. or not. Until a late stage in its progress 
 through Parliament, the Bill for the Act differentiated 
 between so-called " capricious " and " non-capricious " 
 notices to quit, and inflicted heavy penalties on those who 
 gave notices of the former variety, but these provisions 
 were eventuallv withdrawn and there is now no such 
 differentiation. 
 
 The word " rent " where used in the expression ''' one 
 " year's rent " and " two years' rent" must be taken to be 
 the gross rent reserved bv the contract of tenancy, 
 i.e., without deduction of tithe or other outeoinofs. 
 
 It has been seen that this provision gives one year's 
 rent as a practicallv universal measure of compensation. 
 It is contrary, therefore, to the principles of compensation 
 hitherto accepted, but must apparently be regarded as a 
 somewhat rough-and-ready compromise intended to increase 
 security of tenure and consequently improve the general 
 standard of agriculture. 
 
 The reader may be reminded that, as already pointed 
 out, the Small Holdings Act, iQio, the Agricultural 
 Holdings Act, 19 14, and Section i (2) of the Small 
 Holdings Colonies Act, igi6, have been repealed, and that 
 the position of tenants dispossessed for purposes of such 
 holdings or of sale, which is at present protected therebv, 
 will now fall within the provisions of Section 10 of the 
 present Act equally with other dispossessed tenants. 
 
 Sub-section (8) provides for the reduction of the 
 compensation where the loss suffered is reduced bv reason 
 of a tenant who holds two or more holdino-s continuingf 
 in possession of one or more of those, other than that 
 which he is compelled to quit. In all such cases, even 
 where the tenant is willing to accept the one year's rent 
 given in all cases by Sub-section (6) as a sufficient 
 measure of his loss, and does not wish to substantiate a 
 greater claim, it would appear necessary that he should 
 prove the actual loss suffered, as otherwise it will not be 
 possible for an arbitr^itor to assess the reduction.
 
 29 
 
 D. — Supplemental and Transliory Provisions. 
 
 Sub-sections (lo) and (12), and Sub-sections (i) 
 and (g). 
 
 Sub-section (10) provides that if any question arises as 
 to whether compensation is payable under Section 10, or 
 as to the amount payable by way of compensation under 
 this section, it shall, in default of agreement, be determined 
 by arbitration under the Act of 1908. This imports the 
 provisions of Section 13 and the Second Schedule of that 
 Act (as amended by the present Act in manner dealt with 
 hereafter), and the procedure there prescribed, viz., a single 
 arbitrator to be agreed between the parties or, in default of 
 ao^reement. nominated bv the Minister of Agfriculture. The 
 arbitrator may and is obliged, if so directed by the judge 
 of the county court (whose direction may be given on the 
 application of either party), to state in the form of a special 
 case for the opinion of that court anv question of law 
 arising in the course of the arbitration, and any appeal will 
 be from the count)- court to the Court of Appeal. On 
 questions of tact, however, the decision of the arbitrator 
 will be final. 
 
 The present Act will furnish arbitrators with a great 
 variety of new questions for their decision. For example, 
 under Section 10 alone, arbitrators may be asked to review 
 the granting of, or refusal to grant, by an agricultural 
 committee, a certificate that cultivation has not been 
 according to the rules of good husbandry ; to decide 
 whether a tenant has failed to remedy a breach of some 
 term or condition of the tenancy capable of being remedied 
 or has committed a breach not capable of being remedied ; 
 to decide whether a tenant has unreasonably refused an 
 offer by a landlord to withdraw a notice to quit ; to decide 
 whether a tenant has unreasonably refused to execute a 
 tenancy agreement; to determine the rent to be paid for 
 the holding ; and to decide whether the residue of a 
 holding, of which part is to be resumed, is reasonably 
 capable of being cultivated as a separate holding. 
 Throughout the Act recourse has been had almost 
 without exception to arbitration as a means of settling 
 disputes. 
 
 Sub-section (12). 
 
 In providing that compensation payable under Section 
 10 shall be in addition to any compensation to which the
 
 30 
 
 tenant mav be entitled in respect of improvements, and 
 shall be payable notwithstanding anv agreement to the 
 contrary, this sub-section merely follo\vs the terms of 
 Section 1 1 of the Act of igo8. 
 
 The sub-section also provides that it shall be recoverable 
 in the same manner as such compensation, which imports 
 the terms of Section 14 of the Act of igo8, the manner 
 being through the medium of the county court, i.e., by 
 execution, commitment, or attachment of debts as noted 
 hereafter in detail where the text of the Act is annotated. 
 
 Sub-sections (i) and (g). 
 
 The latter part of Sub-section (i) and Sub-section (g) 
 deal with those transitory cases which will occur within a 
 short period from the commencement of the Act and also 
 with future cases. Compensation for disturbance will in 
 an otherwise proper case be payable where a tenant quits a 
 holding after the commencement of the Act in consequence 
 of a notice to quit given before the passing of the Act. 
 provided that such notice was given after the 20th day' of 
 May, ig2o (the date of the introduction of the Bill for thr 
 Act). Any such notice would not of course have specifier 
 the reason for which it was given : and accordingly it i> 
 provided by Sub-section (g) that in such a case the landlord 
 shall on due request furnish to a tenant a statement of such 
 reasons, under penalty in case of unreasonable failure so to 
 do of being liable to compensation for disturbance in any 
 event. As regards all future cases, i.e., those in which the 
 notice to quit is given after the commencement of the Act, 
 the latter part of Sub-section (i) provides in effect that 
 if the notice does not state that it is oriven for one or more 
 of the reasons specified in paragraphs («) to [f] of that sub- 
 section, compensation shall be payable notwithstanding 
 that such reason may in fact exist. All future notices to 
 C|uit will require, therefore, to be carefully framed with a 
 view to this provision. 
 
 Section 13 (Extension of tenancies under leases for a term 
 of years). 
 
 Earlier in this Memorandum (p. 17) it was pointed ou' 
 that Section 11 of the Act of igo8, relating to compensa- 
 tion for disturbance, provided not only for the case of 
 tenancies terminated by notice to quit, but for cases where 
 there has been a refusal to grant a renewal of a tenancy at
 
 31 
 
 the termination thereof, i.e., without notice to quit. Section 
 lo of the present Act substitutes a new code of law as to 
 compensation for disturbance, but it relates only to those 
 cases where the tenancy of a holding terminates by reason 
 of a notice to quit. In order to round off the situation, it 
 was also necessary to deal with the latter class of case also, 
 and this is done by Section 13 (for full text see p. 87). 
 
 The position of agricultural leases under this provision 
 will be as follows : — 
 
 {a) Tenancies of two years or upwards granted or 
 agreed to be granted before the ist January, 1921, 
 will be unaffected, run their usual course and 
 terminate without notice to quit at the expiration 
 of the term in the ordinary way, and upon such 
 expiration no compensation for disturbance will 
 be payable. It will be noted that in these cases 
 the tenant stands in a worse position than under 
 Section 11 of the Act of igo8. That section has 
 been repealed, and as the present section 
 specihcally excludes existing leases, there can 
 be no compensation for disturbance payable in 
 future in respect of refusal to renew on the 
 termination of an existing tenancy for two vears 
 or upwards. 
 
 (<5) Tenancies of two years or upwards granted after 
 the ist January, 1921 (unless agreed to be granted 
 before that date), will, on the contrary, not come to 
 an end upon the expiration of the term unless the 
 landlord or the tenant as the case may be gives 
 to the other a written notice of intention to 
 terminate. If such notice is given by the land- 
 lord, it will operate as a notice to quit '' for the 
 " purposes of the Act of 1908 and this Act " ; the 
 tenancy will terminate at the date given for its 
 termination and (in the absence of " disentitling " 
 ^circumstances) compensation for disturbance 
 under Section 10 of the present Act will there- 
 fore be payable. 
 
 If such notice is given by the tenant, it will similarly 
 operate as a notice to quit, and the tenancy will terminate 
 at the date fixed for its termination ; but compensation 
 for disturbance would not, of course, be payable as a 
 result of a tenant's notice.
 
 32 
 
 If no such notice is given b}- either party, the tenancy 
 will continue as from the expiration of the term for which 
 it was orranted as a tenancy from vear to year, but other- 
 wise on the terms of the original tenancy so far as appli- 
 able. It follows that if and when this tenancy from year 
 to year is determined bv the landlord by notice to quit, the 
 provisions of the Act with regard to compensation for 
 disturbance will become operative. 
 
 In this way all agricultural tenancies granted in the 
 future for terms of two years or upwards will be brought 
 into line with the tenancies determinable onh- bv notice to 
 quit dealt with by Section lo. 
 
 It may be noted in passing that landlords who desire 
 that an agricultural tenancy for two years or upwards 
 granted after the ist January, 192 1 (other than those 
 agreed to be granted before that date), shall terminate at 
 the due date, and therefore wish to give the notice prescribed 
 by Sub-section (i), but are naturall}' anxious to avoid 
 incurring liability for compensation for disturbance, may 
 find themselves in a difficult position. Should the tenant 
 also desire to terminate the tenancy at the expiration of the 
 term fixed, it would seem that each party will wait upon the 
 other until the last possible moment in the hope, in the case 
 of the landlord, of avoiding, and in the case of the tenant, 
 of securing such compensation. 
 
 Section 11 (Compensation for disturbance in case of allot- 
 ment gardens) ; and — 
 
 Section 12 (Application of Act to cottage on holdings under 
 Act of ]go8). 
 
 These two sections (for text see pp. (S4 and 85) apply to 
 other conditions some of the principles and provisions of 
 Section 10. Both constitute entirely new lea;islation, and 
 frankly represent compromises arrived at with the interests 
 affected. Thev are not distinguished for looical construe- 
 tion or for clearness of drafting, being bad specimens of 
 " legislation bv application." 
 
 Under Section 11 the position of the tenant of an allot- 
 ment garden dispossessed bv notice to quit as regards 
 compensation for disturbance will be as follows : — 
 
 [a) Where one year's notice or more than one year ^ 
 notice is given, the tenant will receive '" Sec- 
 tion 10 compensation," i.e., one year's rent, or it
 
 
 a loss greater than that represented by one year's 
 rent can be proved, then a sum representing such 
 loss up to a maximum of two years' rent ; 
 
 {b) Where less than one year's notice is given, but 
 possession of the land is reasonably required for 
 naval, military, or air force purposes, or for 
 building, mining, or other industrial purposes, or 
 for roads necessary in connection with any of those 
 purposes (hereafter for convenience collectively 
 referred to as " special purposes"), the compensa- 
 tion payable will be " Section lo compensation" 
 as in [a) above ; 
 
 {c) Where less than one year's notice is given and the 
 allotment is not reasonably required for " special 
 •■ purposes," the tenant will receive either, which- 
 ever is the greater, of the following two measures 
 of compensation, viz. : — 
 
 (i.) "Section lo compensation " ; or 
 
 (ii.) an amount representing the benefits which 
 would have accrued to the occupier from the 
 occupation of the allotment garden on the 
 terms of the expired tenancy during the 
 period between the date of the expiration of 
 the tenancy and the end of one year from the 
 date on which the notice to quit was given. 
 
 Thus if the tenancy is made to expire at Michaelmas, 
 1922, by notice given at Midsummer, 1922, the occupier 
 would receive an amount representing the benefits from 
 Michaelmas, 1922, to Midsummer, 1923, if that amount 
 exceeded the "Section 10 compensation." 
 
 The reason for the differentiation in Sub-clause (3) 
 between allotments provided by local authorities and those 
 provided by private landowners is that the duty of a local 
 authority to provide allotment gardens is limited to their 
 own inhabitants, and under the Small Holdings and Allot- 
 ments Act, 1908, provision is made for determining 
 tenancies by a month's notice when the tenant resides 
 more than one mile outside the district of the local autho- 
 rity. In these circumstances it was thought unreasonable 
 to provide for compensation for disturbance in such cases. 
 
 The method of determining compensation applied by 
 Sub-section (4) (Allotments and Cottage Gardens (Com- 
 
 B
 
 34 
 
 pensation for Crops) Act, 1887) is that of a reference to a 
 single arbitrator appointed in case of dispute by the 
 Justices of the Peace for the petty sessional division in 
 which the holding is situate, who appoint either one of 
 their number or " other competent person.'' (See note, 
 p. 84 hereafter.) 
 
 The section makes use of some vague expressions 
 which may give rise to difficulty, viz., " with the necessary 
 " modifications, " "benefits which would have accrued," and 
 "other industrial purposes." A perusal of Section 10 with 
 Section 11 in mind will also find the reader in doubt in 
 more than one instance as to which of the provisions of 
 Section 10 are capable of application with or without 
 " necessary modification." For instance, it is submitted 
 that, if one of the terms of the tenancy of an allotment 
 garden were that it should not be sub-let, assigned or parted 
 with or used otherwise than for the purposes of such a 
 garden, and there was a breach of this provision, the tenant 
 would be deprived of compensation for disturbance under 
 paragraphs (6) or [c) of Section lo (i) as applied to 
 Section 11. But there are some provisions of Section 10 
 as to the application or non-application of which it is 
 extremely difhcult to form a confident opinion. 
 
 Section 12. Section 12 (for text see p. 85) provides for the payment 
 
 of compensation for disturbance to workmen when dis- 
 possessed of their cottages by the tenant of the holding of 
 which they form part. 
 
 In the first place, it should be carefully noted that the 
 section only applies to " a dwelling-house (including a 
 " garden attached thereto) to which the Act of 1908 applies," 
 i.e., to tied cottages only, whether held under a contract of 
 tenancv between the tenant of the holding and the work- 
 man or merely where occupation of the house is allowed as 
 part of the contract of employment. Cottages let direct 
 by the tenant's landlord to the \Aorkman do not fall within 
 the clause. 
 
 To those cottages which are within the section the pro- 
 visions of Section 10 are applied with, however, numerous 
 modifications and exceptions. In the first place, the quantum 
 of compensation is to be "fifty-two times the maximum 
 " weekly value (not exceeding in any case three shillings) of 
 " the benefit of the provision of a cottage free from rent and 
 " rates as determined for the district under the provisions of 
 "the Act of 1917" (Sub-section (2)). The maximum of
 
 35 
 
 three shillings was imposed to meet the fact that Ministerial 
 undertakings have been oriven that the sum of three shillinors 
 per week now allowed by the Agricultural Wages Board as 
 the value of the benefit of a cottage free from rent and 
 rates shall be reconsidered with a view to its increase, 
 which would have resulted, in the absence of a maximum, 
 in the increase of the compensation here prescribed to an 
 unreasonable figure. 
 
 Secondly, the tribunal for the settlement of a question 
 as to whether compensation is payable or as to the amount 
 payable is to be not an arbitrator but the district wages 
 committee or a sub-committee to which power in that 
 behalf has been delegated by the committee. It will be 
 for them to grant certificates under Sub-section (i) {b) that 
 the termination of the occupation of the cottage is neces- 
 sary or expedient to enable the holding to be worked pro- 
 perly or to better advantage, and to decide whether the 
 employment of the workman has been terminated on 
 account of his misconduct. 
 
 Sub-section (i) of the section also contains important 
 provisions which will very materially reduce the number of 
 cases in which compensation will be payable. In the first 
 place, under paragraph {a), if after not more than six 
 weeks' trial a workman is found unsatisfactorv and is dis- 
 missed, no claim will arise. Again, under paragraph (c), 
 if the workman is engaged for the fixed term of a year or 
 a half year (as is common in the north of England) and 
 his occupation is then terminated, no compensation will be 
 payable. And under paragraph {d), if the workman holds 
 over until after the expiration of the notice to terminate 
 his occupation, or until the expiration of two months from 
 the date of the notice, whichever is the later, there will be 
 the same result. 
 
 The method again adopted in this section of applying 
 to a different set of circumstances the provisions of Sec- 
 tion lo, " so far as the same are capable of application," 
 may lead to difficulty, though in this respect Section 12 is 
 rather more precise than Section 11. All the paragraphs, 
 [a) to (_/) inclusive, of Section 10 (i) are excepted from 
 application by Sub-section (i) {e) of Section 12, and " mis- 
 " conduct" is specified as the only "reason" in lieu of 
 those contained in those paragraphs ; while Sub-section (2) 
 (Certificates of cultivation not being in accordance with 
 rules of good husbandry), and (3) (Adjustment of rent), 
 and paragraph [h] of Sub-section (7) (Notice of intention 
 
 B 2
 
 \6 
 
 to claim compensation) of Section lo are also specifically 
 excepted by Sub-section (3) of Section 12. 
 
 Improvements 
 comprised in 
 Third Part of 
 First Schedule 
 to Act of 190b. 
 
 Sub-head B. — Law as to Improvements. 
 
 Sections 15 and 27 ; Section 29 and First Schedule 
 (for text see pp. 88, 96, 97, and 105). 
 
 Section 15.— Sub-sections (i) and (2) of Section 15 relate to 
 improvements comprised in Part I. of the First Schedule to 
 the Act of 1908 ; Sub-sections (3) and (4) to those com- 
 prised in the Third Schedule to that Act (Market Gardens) ; 
 while Sub-sections (5) (6) and (7) contain provisions 
 common to both subjects dealt with by the section. 
 Section 27 and Section 29 and the First Schedule also 
 effect certain changes. 
 
 Before describing these changes, which are much less 
 extensive than those contemplated when the Bill was first 
 introduced, it will be well briefly to recall the present legal 
 position, firstly as regards the improvements comprised in 
 the three parts of the First Schedule to the Act of 1908, 
 and secondly as regards market gardens. 
 
 As is well known, the First Schedule to the Act of 1908 
 is divided into three Parts. Compensation cannot be 
 recovered by the tenant in respect of any improvements 
 set out in the First Part, unless the consent of the landlord 
 has been obtained previously to the execution of the 
 improvement. The improvements comprised in the First 
 Part of the First Schedule were : — 
 
 (i) Erection, alteration, 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 improvement of roads or bridges ; 
 
 (8) Making or improvement 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 or removal of permanent fences ; 
 
 (10) Planting of hops ; 
 
 (11) Planting of orchards or fruit bushes ; 
 
 (12) Protecting young fruit trees ; 
 
 (13) Reclaiming of waste land : 
 
 (14) Warping or weiring of land ; 
 
 (15) Embankments and sluices against floods 
 
 (16) Erection of wirework in hop gardens.
 
 37 
 
 Nor in respect of the improvement (drainage) set out Improvement 
 in the Second Part can the tenant receive compensation comprised m 
 unless he has not more than three nor less than two months pjrst Schedule 
 before beginning to execute the improvement given notice to Act of 1908. 
 to the landlord of his intention, whereupon the landlord 
 may execute the improvement and recover from the tenant, 
 as rent, a sum not exce.eding 5 per cent, on the outlay in- 
 curred, or not exceeding such annual sum payable for a 
 period of twenty-five years as wall repay that outlay in that 
 period with interest at the rate of 3 per cent, per annum, 
 but failing such execution by the landlord, the tenant may 
 execute the improvement and recover compensation in re- 
 spect thereof at the expiration of the tenancy. 
 
 As regards improvements set out in the Third Part Improvements 
 
 of the First Schedule to the Act of 1008, which were as c^miprised in 
 f ,, rirst bchedule 
 
 tOilOWS :— to the Act of 
 
 (18) Chalking of land ; 
 
 (19) Clay-burning ; 
 
 (20) Claying of land or spreading blaes upon land ; 
 
 (21 ) Liming of land ; 
 
 (22) Marling of land ; 
 
 (23) Application to land of purchased artificial or other purchased manure ; 
 
 (24) Consumption on the holding by cattle, sheep, or pigs, or by horses 
 other than those regularly employed on the holding, of corn, cake, or 
 other feeding stuff not produced on the holding ; 
 
 {25) Consumption on the holding by cattle, sheep, or pigs, or by horses 
 other than those regularly employed on the holding, of corn proved 
 by satisfactory evidence to have been produced and consumed on the 
 holding ; 
 
 (26) Laying down temporary pasture with clover, grass, lucerne, sainfoin, 
 or other seeds sown more than two years prior to the determination 
 of the tenancy ; 
 
 (27) Repairs to buildings, being buildings necessary for the proper cultiva- 
 tion or working of the holding, other than repairs which the tenant 
 is himself under an obligation to execute ; * 
 
 no consent of or notice to the landlord was required, 
 and the tenant's rights to compensation in respect of such 
 improvements executed by him is absolute, but the land- 
 lord and the tenant might, under Section 4 of the Act of 
 1908, by an agreement in writing exclude the provisions of 
 the Act as regards such improvements, provided always 
 that such agreement secured to the tenant " fair and reason- 
 '■ able" compensation "having regard to the circumstances 
 '' existing at the time of making the agreement." 
 
 For remarks on this provision, sec note 5 to Section 4, p. 74. 
 
 1908.
 
 3S 
 
 The following alterations are made in the law as above 
 •set out by the provisions under examination : — 
 
 ./. — Changes in the laiv as regards improvements contained 
 in Part I . of the First Schedule to the Act of 1908, 
 i.e., those to which consent of landlord is required : — 
 
 (^) By Section 29 and the First Schedule the fol- 
 lowing additions are made to the sixteen im- 
 provements comprised in Part I, of the First 
 Schedule to the Act of 1908 : — 
 
 " (16^) Provision of permanent sheep- 
 " dipping accommodation ; 
 
 " (161^) In the case of arable land, the 
 " removal of bracken, gorse, tree roots, 
 " boulders, or other like obstructions to 
 '' cultivation." 
 
 {h) l>y Section 15 (i) it is provided that where the 
 landlord refuses or within a reasonable time 
 fails to consent to the making of an improve- 
 ment comprised in Part 1. of the First Schedule 
 to the Act of 1908, and not comprised in the 
 Third Schedule thereto {i.e., items i to 16, and 
 (i6«) and (16^) above, with one important ex- 
 ception especially noted hereafter) and which is 
 declared by regulation made by the Minister to 
 be an improvement to which this sub-section 
 applies, either absolutely or except upon such 
 terms as the tenant is unwilling to accept, the 
 aoricultural committee mav in effect transfer 
 the improvement from Part I. of that Schedule 
 to Part II. thereof. In other words, instead of 
 the tenant being oblisfed to obtain the landlord's 
 consent, the improvement would be treated as 
 drainage is at present treated under Part II., 
 i.e., after notice from the tenant the landlord 
 will have the option of executing the improve- 
 ment, charging an annual percentage to the 
 tenant as rent, or in default the tenant may 
 t^xecute it and recover compensation in respect 
 thereof at the expiration of the tenancy. 
 
 There are several important features of this 
 provision to be carefully noted, viz. : —
 
 39 
 
 (i.) Item I (Erection, alteration, or enlargement 
 of buildings) is wholly excepted and will 
 remain in Part I. of the First Schedule to 
 the Act of igo8, and the landlord will con- 
 tinue to have in this one case an absolute 
 veto ; 
 
 (ii.) The question of \\hich (if any) of tin 
 remaining items numbers (2) to (16/;) 
 inclusive of the said Part I. of the First 
 Schedule, as now amended, will be brought 
 into the ambit of the provision is left 
 entirelv at laroe, to be dealt with bv resfu- 
 lation made by the Minister. The provision 
 is, therefore, incomplete as it stands, and 
 until the regulations become effective there 
 can be no change in the present law ; 
 
 (iii.) In considering any such application for 
 transfer from I^art I. to Part II., the agri- 
 cultural committee must have special regard 
 to the estimated cost of the improvement 
 in relation to the rent of the holding (pro- 
 viso to Sub-section (i)). They must also 
 have regard to the likelihood of the land 
 being required for any purpose other than 
 agriculture (Sub-section (6)). 
 
 (r) A very important provision is also contained in 
 Sub-section (7) of Section 15, which enables 
 either landlord or tenant, in any disputed case 
 relating to the execution of improvements, to 
 exclude altogether the jurisdiction of the agri- 
 cultural committee and submit the matter to an 
 arbitrator, who in coming to a decision will be 
 bound to pay regard to the same conditions as 
 are imposed by the section on an agricultural 
 committee ; 
 
 [(i) The regulations by which the Minister will 
 hereafter define which of the items (2) io {i6b) 
 are to fall within the provision are to be laid ia 
 draft before both Houses of Parliament, and are 
 in effect made subject to their approval ; 
 
 ie) By Sub-section (2) the Minister may vary the 
 percentages and period mentioned in Section 3 
 (3) of the Act of igo8 (namely, 5 per cent, on
 
 40 
 
 the outlay incurred in executing an improvement 
 as the maximum amount to be recovered from 
 the tenant by way of annual addition to the 
 rent ; or 25 years and 3 per cent, as the period 
 and percentage to be adopted for the purpose 
 of annual repayments of capital and interest, if 
 that method be adopted) so as to bring them 
 into accord with present- day conditions. 
 
 ,//. — Changes in the law as regards improvements com- 
 prised in Part II. of the First Schedule to the Act of 
 1908, i.e., those in respect of ivliicli notice to landlord 
 is required : — 
 
 No change is made as regards this part of the First 
 Schedule to the Act of 1908, except that under the pro- 
 visions last dealt with items which now appear in the First 
 Part of that Schedule, as now amended, may in effect be 
 transferred to the Second Part ; and except the powers 
 given to the Minister for the variation of the period and 
 percentages already referred to. 
 
 ///. — Changes in the law as regards improvements com- 
 prised in Part III. of the First Schedule to the 
 Act of 1908, i.e., those in respect of which neither 
 notice to nor consent of the landlord is required : — 
 
 {a) By Section 29 and the First Schedule, to para- 
 graph (26) of Part III. of the First Schedule to 
 the Act of 1908 which read as follows : — 
 
 "Laying down temporary pasture with 
 " clover, grass, lucerne, sainfoin, or other 
 " seeds, sown more than two years prior to 
 " the determination of the tenancy," 
 
 are added the words — 
 
 " in so far as the value of the temporary 
 " pasture on the holding at the time of quit- 
 " ting exceeds the value of the temporary 
 " pasture on the holding at the commence- 
 " ment of the tenancy for which the tenant 
 " did not pay compensation.'' 
 
 {!)) Section 4 of the Act of 1908 provided that 
 where any agreement in writing secured to the
 
 41 
 
 tenant of a holdini^ ior any improvement tom- 
 prised in Part III. of the First Schedule to the 
 Act of 1908 fair and reasonable compensation, 
 having regard to the circumstances existing 
 at the time of making the agreement, the 
 compensation so secured should, as respects 
 that improvement, be substituted for com- 
 pensation under that Act. To that extent, 
 therefore, and to that extent only, the Act 
 of 1908 permitted "contracting out" of its 
 provisions as regards compensation for im- 
 provements comprised in the First Schedule, 
 which "contracting out" was otherwise ex- 
 pressly avoided by Section 5 thereof. Sec- 
 tion 27 of the present Act (for text see p. 96) 
 restricts the future application of the said 
 Section 4 of the Act of 1908 to market garden 
 improvements to which the provisions of 
 Section 42 of the Act of 1908 apply or are 
 directed by the present Act to apply. As 
 regards improvements comprised in the Third 
 Part of the First Schedule to the Act of 1908, 
 it therefore repeals for the future the limited 
 power of contracting out hitherto allowed, while 
 saving [vide proviso to Section 27) the position 
 of agreements of this character entered into 
 prior to the ist January, 1921. The effect of 
 Section 27 as regards market garden improve- 
 ments will be found discussed under that head. 
 
 As regards improvements comprised in Part III. of the 
 First Schedule to the Act of 1908, therefore, the only change 
 made by the present Act (in addition to the modification 
 of paragraph (26) above noted) is that the tenant cannot in 
 future, even to the extent hitherto permitted by Section 4 
 of the Act of 1908, contract himself out of the compensa- 
 tion for improvements provided for by that Act. 
 
 Turning to the present position of market garden Market 
 improvements and the changes brought about by Sec- gardens, 
 tions 15 and 27 of the present Act, the following is a short 
 summary of the law on the subject immediately before the 
 ist January, 192 1 : — 
 
 The position of holdings let or treated as market 
 gardens was regulated by the Third Schedule of the Act of 
 1908, and by Section 42 thereof. Section 42 thereof, how-
 
 42 
 
 ever, only applied (i) to holdings which were definitely let 
 or agreed to be treated as market gardens, and (2) to 
 holdings of which the present tenant was in possession 
 under a tenancy in existence on the ist January, 1896, and 
 which were at that date in use or cultivated as market 
 gardens with the knowledge of the landlord. Where one 
 or other of these conditions were present in the case of a 
 holding, Section 42 of the Act of 1908 applied to it, and the 
 tenant possessed the following special powers : — 
 
 {a) On quitting the holding the tenant was entitled 
 to compensation in respect of the market garden 
 improvements set out in the Third Schedule to 
 the Act of 1908, even if he had effected them 
 without the landlord's consent or without notify- 
 ing him, i.e. (in the words of Section 42 of the 
 Act of 1908), as if such improvements were 
 comprised in Part III. of the Act of 1908 ; 
 
 (d) He could claim compensation in respect of the 
 whole or part of an improvement which he had 
 purchased without having obtained the land- 
 lord's consent to such purchase, such as is 
 necessary in the case of a tenant of an ordi- 
 nary holding under Section 7 of the Act o£ 
 1908 ; 
 
 {c) He could, before the termination of his tenancy, 
 remove all fruit trees and fruit bushes planted 
 by him and not permanently set out ; 
 
 ^{d) He could remove every fixture or building w^hich 
 was acquired by him since 31st December, 1900, 
 or that had been afifixed or erected by him at 
 any time ; /.c, not only those affixed or erected 
 since ist January, 1884, ^•s ii"* the case of an 
 ordinary holding under Section 21 (2) of the 
 Act of 1908. 
 
 Save, however, where one or other of the two con- 
 ditions above described existed, a landlord could effectually 
 prevent a holding being used as a market garden. 
 
 ^Changes in tlie law as to 7narket gai'dens effected by 
 
 Sections 15 and 27. 
 
 The position described in the last preceding paragraphs 
 -is very materially altered by Sub-sections (3) and (4) of
 
 43 
 
 Section 15 and bv Section 27. Where a landlord refuse?- 
 or within a reasonable time fails to asiree in writinsf that 
 the holding or part of the holding shall be treated as a 
 market garden, the agricultural committee may, on the 
 application of the tenant, and after certain conditions pre- 
 cedent have been satisfied, direct that Section 42 of the Act 
 of 1908 shall apply, either in respect of all or some only 
 of the improvements specified in the Third Schedule to 
 the Act of 1908, to the holding, or to part thereof. 
 
 The section then proceeds to<,provide that, where such 
 direction is given, it shall be subject to such conditions for 
 the protection of the landlord as the agricultural com- 
 mittee shall think fit to attach to it, and that certain other 
 provisions shall in any case have effect. These provisions 
 enact in effect that if the tenancy is terminated by notice 
 to quit given by the tenant or by reason of the tenant 
 becoming bankrupt or compounding vAth his creditors, the 
 Evesham custom shall apply. The result will be that in 
 either of the events last mentioned the tenfint must find a 
 substantial and otherwise suitable tenant to succeed him, 
 and to pay on entering all compensation payable under the 
 Act of 1908 or the contract of tenancy, and that if no such 
 successor is forthcoming, the landlord will be relieved of 
 any liability to pay compensation in respect of the improve- 
 ments specified in the direction. If, on the other hand, the 
 landlord chooses to give the tenant notice to quit and can 
 find no successor willing to pay the outgoing tenant the 
 prescribed compensation, or if he fails to accept as an 
 incoming tenant the suitable person put forward by the- 
 outgoing tenant, he will himself become liable to pay com- 
 pensation to the outgoing tenant. 
 
 In this connection it must be remembered that the- 
 rights given to the tenant of a market garden under 
 Section 42 of the Act of 1908 are in addition to the rights- 
 given to him by that Act as an ordinary agricultural tenant. 
 This position is preserved by the present Act, and in any 
 case therefore in which Section 42 of the Act of 1908 was- 
 directed to apply to a holding and the landlord sub- 
 sequently gave notice to quit, not only would he have the 
 very heavy market garden compensation to pay in addition 
 to ordinary market garden improvements, but also com- 
 pensation for disturbance (on the . scale laid down by 
 Section 10 of the Act, i.e., up to two years' rent). These 
 provisions, therefore, by reason of the heavy liability on. 
 disturbance they impose, practically confer, it is submitted,,
 
 44 
 
 Hxity of tenure upon the tenant of a market garden, to 
 which they are made to relate, and his nominees. 
 
 There are a number of safeguards imposed in Sec- 
 tion 15 which should prevent indiscriminate resort to the 
 powers it confers : — 
 
 (i) An agricultural committee cannot, by means of 
 such a direction as they are empowered to give, 
 authorise the breaking up of meadow land or 
 pasture for market gardening purposes (proviso to 
 Sub-section (3))''; 
 
 (2) The agricultural committee, before giving a direc- 
 
 tion, must hear the landlord or his representative, 
 and must be satisfied that the holding, or part of 
 the holding, is suitable for the purpose of market 
 gardening (Sub-section (3)), and also have regard 
 to the likelihood of the land being required for 
 any purpose other than agriculture, e.g., building 
 (Sub-jection (6)) ; 
 
 (3) Sub-section (7) — already referred to — applies to 
 this part of Section 15 also, and either landlord or 
 tenant may elect to refer the settlement of the 
 matter to an arbitrator instead of to the agricul- 
 tural committee. 
 
 Attention may also be directed to the provisions of 
 paragraphs {Ji) and (<r) of Sub-section (3) and of Sub- 
 section (4), relating to consequential matters. 
 
 Section 27. The provisions of Section 27 of the present Act, already 
 
 referred to, apply particularly to these market garden pro- 
 visions. Hitherto Section 4 of the Act of igo8 has applied 
 only to agreements as to compensation for improvements 
 comprised in Part III. of the First Schedule to the Act of 
 1908, and has permitted " contracting out" with regard to 
 them in a modified degree. While, as already stated, this 
 permission will no longer apply to these improvements, it 
 will apply to " improvements to which the provisions of 
 " Section 42 of the Act of 1908 apply or are directed under 
 " this Act to apply." Accordingly, in future, in cases 
 (enumerated on page 42), to which Section 42 already 
 applies, and in cases to which it will apply by reason of a 
 direction of an agricultural committee or arbitrator under 
 Section 15, it will be possible for landlord and tenant to 
 contract out of the provisions of the Act of 1908, as now 
 amended, with regard to market garden improvements, so
 
 45 
 
 long as the substituted compensation provided for by the 
 agreement is " fair and reasonable compensation, having 
 '• regard to the circumstances existing at the time of making 
 •' the agreement." This provision was inserted to meet the 
 case of certain local customs with regard to market gardens 
 (notably in Essex), which are preferred in the localities 
 where they are practised to the provisions of the Act of 
 igo8 or to the Evesham custom. 
 
 Sub-head C— Compensation for Adoption of Special 
 Standard or System of Farming and Compen- 
 sation TO Landlord for Deterioration of 
 Holding. 
 
 Sections i6 and 19, 
 
 These two sections are in some senses complementary. 
 
 Section 16 (for text see p. 90) was inserted in the 
 Bill to meet a grievance of long standing among tenant 
 farmers, which was endorsed by the Report of the 
 Agricultural Policy Sub-Committee of the Ministry of 
 Reconstruction (commonly known as " Lord Selborne's 
 " Committee") in the following terms : — 
 
 " ft is clear that a man who is under an obligation 
 ■• to cultivate his land in a husbandlike manner, and 
 " to leave it clean and in good heart and condition, 
 " should not be compensated for carrying out the 
 " terms of his contract ; but there is real force in 
 " the argument that the man who has done more 
 " than this, and who by high farming has consistently 
 ■' grown heavier crops, and consequently has been 
 '' able to produce more manure, should not at the 
 " termination of his tenancy be required to hand 
 " over an improved holding without adequate com- 
 " pensation for its increase in value. We are of 
 " opinion that the Acts should be so amended as to 
 " make it clear that a claim for an improvement of this 
 '' character may be sustained . . . ." 
 
 The section provides that where a tenant who quits 
 a holding after the ist January, 192 1, on so quitting proves 
 to the satisfaction of an arbitrator that the value of the 
 holding to an incoming tenant has been increased during 
 the tenancy by the continuous adoption of a standard of 
 farming or a system of farming which has been more
 
 46 
 
 beneficial to the holding than the standard or system (if 
 any) required by the contract of tenancy, then (subject to* 
 the conditions contained in paragraphs (a) and (b) of the 
 proviso and in Sub-section (2), more particularly noted 
 hereafter) an arbitrator shall award to the tenant such 
 compensation as in his opinion represents the value to an 
 incoming tenant of the adoption of that standard or 
 system. 
 
 In attempting to form a conclusion as to the class of 
 cases which will give rise to special compensation undei 
 this section and the general extent of its operation, a 
 number of factors must be borne in mind. 
 
 In the first place, the claim may arise in two ways, 
 viz., either by the continuous adoption of [a) a standard, or 
 (d) a system of farming more beneficial to the holding than 
 the standard or system (if any) required by the contract of 
 tenancy. 
 
 Dealing with the first alternative, viz., the " standard," 
 it will be remembered that the standard of farming required 
 by the Act, if the ordinary — and in future universal — right 
 to compensation for disturbance is not to be lost to the 
 tenant, is contained in the definition of " rules of good 
 " husbandry," and includes the maintenance of the land, 
 clean and in a good state of cultivation and fertility and in 
 good condition. The standard required before a claim 
 under Section 16 can arise must evidently therefore be 
 higher than this, as it is inconceivable that a standard 
 which would only enable a tenant to escape disqualification 
 for compensation which is in future to be accorded in all 
 ordinary cases could give rise to a claim under the present 
 section. 
 
 Further, before compensation under this section can be 
 awarded, it must be shown that the standard of farming 
 attained is more beneficial than the standard required by 
 the contract of tenancy. Most tenancy agreements already 
 insist (and at any rate may be relied upon in future to 
 insist) on a high standard of agriculture, higher than the 
 standard set up by the Act in the definition of '' rules of 
 " good husbandry." 
 
 Moreover, the value which must be shown to have 
 increased is the value to an incominof tenant. These 
 words would appear to have a specially restrictive influence 
 in a case where a claim is based upon the adoption of a 
 " more beneficial system of farming." The arbitrator's 
 task will presumably be to assess the additional value, not
 
 47 
 
 already compensated for, accruing to a hypothetical tenant 
 of average capacity who might and prolDably would not 
 have the knowledge or experience required to take ad- 
 vantage of conditions brought about by some specially 
 intensive or scientific system of farming practised by the 
 outgoer. 
 
 Paragraph (c) of Sub-section (i) makes it clear that in 
 awarding compensation under this section an arbitrator 
 must not include anything in respect of an increase of 
 value in so far as such increase is, in fact, due to an 
 improvement comprised in the First Schedule to the Act 
 of 1908 already compensated for; while Sub-section (2) 
 will prevent any compensation for such increase in value, 
 as is specified in this section, being given in the guise of 
 compensation for improvements comprised in the First or 
 Third Schedule to that Act. 
 
 The provisions of paragraph (a) of Sub-section (i), 
 limiting the application of the section to those cases only 
 where a record of condition has been kept, will also operate 
 in practice to restrict the number of claims thereunder. 
 
 Upon a general consideration of the section, therefore, 
 the conviction grows that it will only be in few cases of a 
 very special character that claims under this section will be 
 sustained if due effect is given to its provisions. 
 
 Sub-section (3) of the section, which provides that the 
 ^continuous adoption of such a beneficial standard or svstem 
 of farming shall be treated as an improvement for the 
 purposes of the provisions of the Act relating to the 
 •determination of rent, refers to Sub-section (5) of Section 
 10, where the arbitrator is instructed, in determining what 
 rent is properly payable in respect of a holding, not to take 
 into account any increase in the value which is due to 
 improvements which have been executed thereon at the 
 expense of the tenant, &c., and will thus prevent rent 
 being increased because of increase of value due to the 
 existence of such a standard or svstem. 
 
 Section 19 (for text, see p. 92) was treated in Parlia- 
 ment (and its phraseology to some extent supports such 
 treatment) as complementary to Section 16, last dealt 
 with. It should, however, also be considered in con- 
 junction with Section 18 (Arbitration on quitting holding), 
 dealt with under the next Sub-head hereof. It will be remem- 
 bered that under Section 6 (3) of the x'Xct of 1908 a land- 
 lord had no power of claiming under that Act for waste in 
 .a case where the tenant made no claim for compensation
 
 48 
 
 for improvements ; althougli he could at any time (subject 
 to the Statute of Limitations) commence an action for 
 waste or dilapidation. In future, however, having regard 
 to Section i8 of the present Act, while he will be able to 
 make a claim for waste, &c., which will be dealt with by 
 arbitration irrespective of whether the tenant makes a 
 claim or not, his remedy by action of waste is taken away. 
 Section 19 really amounts to a declaration that, among 
 other things, a landlord may recover before an arbitrator 
 compensation for deterioration of a holding due to the 
 failure of a tenant to cultivate the holding according to the 
 rules of good husbandry, as now defined, or the terms of 
 the contract of tenancy. It therefore adds little, if any- 
 thing, to the provisions of Section 18, considered under 
 the next Sub-head. The first proviso imposes, however, a 
 condition, which is new, that the landlord must, before 
 the termination of the tenancy, give notice in writing to 
 the tenant of his intention to make a claim for deterioration 
 if, but only if, the claim is made under this section. 
 
 Sub-head D. — Provisions as to Arbitration. 
 Sections 18, 20, and 21. 
 
 Section 18 Section 18 (Arbitration on quitting holding — for text see 
 
 p. 91) is of importance as radically altering the provisions 
 of Section 6 (Determination of claims to compensation) of 
 the Act of 1908, and must be read in conjunction with 
 Section 36 and the Second Schedule of the present Act 
 which repeals Sub-sections (2) and (3) of the said Section 6. 
 By that section it was first provided that if a tenant 
 of a holding claimed to be entitled to compensation whether 
 under the Act of 1908 or under custom or agreement or 
 otherwise in respect of any improvement comprised in the 
 First Schedule to that Act, and a difference arose, that 
 difference should be settled by arbitration. Sub-section (2) 
 of the said section then proceeded to provide that (in 
 general) notice of the intention to make a claim should be 
 given by the tenant before the termination of the tenancy, 
 Sub-section (3) provided that where, but only where, any 
 claim by a tenant for compensation in respect of any 
 improvement comprised in the First Schedule to the Act 
 of 1908 was referred to arbitration, and any sum was claimed 
 to be due to the tenant from the landlord in respect of any 
 breach of contract or otherwise in respect of the holding, or 
 to the landlord from the tenant in respect of any waste or
 
 49 
 
 in respect of breach of contract or otherwise in respect of 
 the holding, the party claiming that sum might by notice 
 in writing to the other party require the arbitration to 
 extend to the determination of the claim to that sum. 
 
 These two sub-sections are now repealed, and Section i8 
 provides that in future any question or difference " arising 
 " out of any claim bv the tenant of a holding against the 
 " landlord for compensation payable under the Act of 1908 
 " {i.e., as amended by the present Act — Section 2Z (6)) or 
 " for any sums claimed to be due to the tenant from the land- 
 " lord for any breach of contract or otherwise in respect of 
 " the holding or out of any claim by the landlord against 
 " the tenant for waste wrongly committed or permitted by 
 " the tenant, or for any breach of contract or otherwise in 
 " respect of the holding, or any other question or difference 
 " of any kind whatsoever between the landlord or the 
 " tenant of the holding arising out of the termination of 
 " the tenancy of the holding or arising, whether during 
 " the tenancy or on the termination thereof, as to the con- 
 " struction of the contract of tenancy, shall be determined 
 " by arbitration under the Act of 1908." 
 
 It will be seen that the landlord's alternative remedy of 
 action for waste or dilapidation, to which hitherto he has 
 had to resort in cases where no claim was made by the 
 tenant for compensation for improvements, and where 
 accordingly the landlord's claim for waste could not be 
 dealt with by arbitration under the Act of 1908, is taken 
 away and in future the landlord's claims can and must be 
 dealt with by the arbitrator. The words italicised above 
 show the extended jurisdiction also given to the arbitrator, 
 which so far as they relate to questions of construction of 
 agreements increase the importance of Rule 9 of the rules 
 as to arbitrations contained in Part II. of the Schedule to 
 the Act of 1908, whereby an arbitrator can be required to 
 state a case for the county court. 
 
 Sub-section (2) substitutes for the above quoted pro- 
 vision of Section 6 (2) of the Act of 1908 a provision that 
 both landlord and tenant must (in general), if their claims 
 are to be enforceable, give particulars thereof to the other 
 before the expiration of two months from the termination of 
 the tenancy, instead of before the termination thereof as 
 hitherto.'- 
 
 * As to the aulhorit}- nominating the arbitrator in default of agreement 
 under the Corn Production Acts and the Agricultural Holdings Acts respec- 
 lively, see note to Section 5, p. lb post.
 
 50 
 
 Section 2o. Sub-section (i) of Section 20 (Provision for expediting 
 
 and reducing costs of arbitration — for text see p. 92) 
 empowers the Minister to make by rule such provisions as 
 he thinks desirable for expediting or reducing the costs of 
 proceedings on arbitration under the Act of 1908, provided 
 that such provision is not inconsistent with the rules 
 contained in the Second Schedule to the Act of 1908. 
 Provision is made in Sub-section (3) giving an opportunity 
 to either House of Parliament to disapprove of the rules 
 before they shall become effective. The provisions of 
 Sub-section (i) probably indicate the intended promulga- 
 tion of rules limiting the number of witnesses or restricting 
 the employment of barristers or solicitors in accordance 
 with what has become the practice in ether recent Acts of 
 Parliament. 
 
 In passing, it should be noted that Section 29 and the 
 First Schedule to the present Act amend Rule 10 in the 
 Second Schedule to the Act of 1908 by providing that the 
 day which, under that rule, must be fixed by an award for 
 the payment of the money awarded as compensation costs 
 or otherwise, shall not be later than one month after the 
 delivery of the award, instead of not sooner than one 
 month or later than two months, as hitherto. 
 
 Sub-section (2) of Section 20 imposes an obljgatioR 
 on an arbitrator to state separately in his award in all 
 cases the amounts awarded in respect of the several 
 claims referred to him. Hitherto the position has been, 
 under Rule 10 of the Rules as to Arbitrations contained 
 in the Second Schedule to the Act of 1908, that an 
 arbitrator was bound so to do on the application of either 
 party. Paragraph [b) of the same sub-section gives to the 
 arbitrator a discretionary power to make an interim award 
 for the payment of any sum on account of the sum to be 
 finally awarded. 
 
 Section 21. Section 21 (Constitution of panel of arbitrators and pro- 
 
 vision as to arbitrators' remuneration — for text see p. 93) 
 calls for little comment. The duty of appointing the 
 members of the panel is entrusted to the Lord Chief Justice 
 of England without the obligation of seeking the advice of 
 any representative bodies as was originally suggested in the 
 Bill for the Act as introduced. Sub-section (3) deals with 
 the difficulty which has not infrequently occurred in the past 
 through default in taking up the arbitrator's award, by 
 making the parties jointly liable to the arbitrator for his
 
 51 
 
 remuneration, without prejudice as to the party upon whom 
 this expense will ultimately fall under the award. 
 
 Sub-head E. — Notices to Quit. 
 
 Section 28 (for text see p 96.). Section 28. 
 
 Before the Agricultural Holdino;s Act of 188^, where 
 there was no agreement or custom determining the length 
 of notices to quit, the half-year's notice expiring with a 
 year of the tenancy w^as by law necessary and sufficient to 
 terminate it. 
 
 Section 22 of the Act of 1908 made a year's notice " so 
 "expiring"'' necessary and sufficient for the determination 
 of the tenancy. But its application was limited. In the first 
 place it only applied to tenancies from year to year. xA.nd 
 it was judicially held (as a result of the words " unless the 
 " landlord and the tenant agree in writing that this section 
 " shall not apply ") that it did not apply to a tenancy from 
 year to year determinable by express agreement of the 
 parties on six months' notice to quit. It was, therefore, 
 until the commencement of the present Act, quite open to 
 landlord and tenant mutually to agree by writing under 
 their hands that Section 22 should not apply, and they 
 might substitute six months, three months, or any other 
 agreed period of notice. 
 
 Section 28 repeals Section 22 of the Act of 1908, and 
 provides that, notwithstanding any provision to the con- 
 trary and except in the cases (particularly noted hereafter) 
 excepted from the application of that section by Sub- 
 section (3), a notice to quit a holding shall be invalid if it 
 purports to terminate the tenancy before the expiration of 
 twelve months from the end of the then current year of 
 tenancy. 
 
 The savings are set out out in Sub-section (3), and 
 are : — 
 
 [a) Notices given for what may be called " national 
 
 " purposes " ; 
 
 [b) Notices given by corporations carrying on certain 
 
 statutory undertakings in respect of any land 
 acquired by them for the purposes of such under- 
 taking or by a Government Department or local 
 authority where possession of the land is required 
 for the purpose for which it was acquired or 
 appropriated, but subject to the important con-
 
 52 
 
 dition that that purpose must not be the use of 
 the land for agriculture ; 
 
 (6') Notices given in pursuance of a provision in a 
 contract of tenancy authorising the resumption of 
 the holding or some part thereof for some specified 
 purpose, except, again, the use of the land for 
 agriculture. This is an important saving in favour 
 of the very usual provisions in tenancy agree- 
 ments for the resumption of land for building or 
 mineral purposes ; 
 
 {d) Notices given by a tenant to a sub-tenant ; 
 
 [e) Notices given before the ist January, 1921 ; 
 
 and in addition (Sub-section (i.)) — 
 
 (/) Cases where a receiving order in bankruptcy is 
 made against the tenant, thus following the 
 precedent in this respect of Section 22 of the 
 Act of 1908. In such cases the common law right 
 revives, in the absence of special provision by 
 agreement, and either the landlord or the trustee 
 in bankruptcy may determine the tenancy upon a 
 half-year's notice expiring with a completed year 
 of the tenancy. 
 
 There are several matters arising upon this section to 
 which attention should be drawn : — 
 
 (i) It should be noted that the section applies to all 
 tenancies of agricultural holdings and not only to 
 tenancies from year to year, as in the case of 
 Section 22 of the Act of 1908. In every case in 
 future (except those specially excepted as above) 
 not less than twelve months' notice from the end 
 of the then current year of tenancy will be the 
 rule, whatever the contract of tenancy may 
 provide. 
 
 (2) The section differs from Section 22 of the Act of 
 
 1908 in that contracting out is forbidden. 
 
 (3) The present Act does not repeal the Agricultural 
 
 Land Sales (Restriction of Notices to Quit) Act, 
 1919, though it amends it in manner noted here- 
 after (see p. 60). This Act, it will be remembered, 
 provides in effect that if a holding is sold during 
 the currency of a notice to quit, the notice 
 becomes null and void, and a fresh notice must
 
 00 
 
 be given to the tenant. This provision will still 
 stand, and must be bornt- in niind in fonsidering 
 the effect of the section now under consideration. 
 
 Sub-head F. — Minor Amendments ok Agriculti'ral 
 Holdings Acts. 
 
 Sections 14, 17, 22, 22,, 24, 25, 2(), and 29. 
 
 Section 14 (Amendment of Landlord and Tenant Act, Section 14. 
 1 85 1 — for text see p. 87) provides that when the tenancy 
 of a holding determines in the circumstances mentioned 
 in Section i of the Act named, the tenant, instead of 
 continuing in occupation, as provided by that section, until 
 the expiration of the then current year of his tenancy, shall 
 continue in occupation until the occupation is determined 
 by a twelve months' notice to quit expiring at the end of 
 a year of the tenancy. The circumstances referred to in 
 Section i of the Landlord and Tenant Act, 1851, are the 
 determination by the death or the cesser of the estate of 
 any landlord entitled for life or for any other uncertain 
 interest of the lease or tenancy of any farm or lands held 
 by a tenant at rack-rent. In such cases, therefore, in 
 future a notice to quit will be required before the tenancy 
 will terminate, which has not been necessary hitherto. 
 By the Second Schedule to the present Act, the proviso 
 to Section i of the Act of 1851, which declared that no 
 notice to quit should be required, is accordingly repealed. 
 
 Section 17 (Determination of claims for compensation Section 17. 
 where a holding is divided — for text see p. gi) is of an 
 administrative character and requires no special comment. 
 
 As regards Section 22 (^Resumption of part of holding Section 22. 
 by landlord — -for text see p. 94), Section 21, of the Act of 
 1908 enumerated certain purposes and provided that where 
 notice to quit is given by a landlord of a holding to a tenant 
 from year to year with a view to the use of the land for 
 any of those purposes, and the notice states that it is given 
 with a view to any such use, certain consequences shall 
 follow, viz. : — 
 
 [a) It shall be no objection to the notice that it relates 
 to part only of the holding ; 
 
 h) The provisions of the Act of 1908 respecting com- 
 pensation shall apply as if the parts to which the 
 notice relates were part of a separate holding ;
 
 54 
 
 (c) The tenant shall be entitled to a proportionate 
 reduction of rent in respect of any depreciation 
 in value to him of the residue of the holding 
 caused by severance or by the use made of the 
 part severed. 
 
 A tenant may within 28 days of such a notice serve on 
 the landlord a counter-notice to the effect that he accepts it 
 as a notice to quit the entire holding, to take effect at the 
 expiration of the then (^urrent year of tenancy. 
 
 It is to be particularly noted that the above provision 
 has hitherto only applied, and will still apply, to tenancies 
 from year to year. 
 
 The present section provides that in all cases where after 
 the ist January, 192 1, the landlord of a holding gives notice 
 {i.e., whether a tenancy from year to year or a longer tenancy) 
 in pursuance of a provision z'?z that behalf in the contract 
 of tenancy of his intention to resume possession of some 
 part of the holding, the provisions of paragraphs {f) and (f) 
 of Section 23 of the Act of igo8 — i.e., those provisions de- 
 scribed under {b) and (c) above, but 7iot the proviso as to 
 the counter-notice, shall apply as if the notice were such a 
 notice to quit as is mentioned in the said Section 23. The 
 reason for the application of part only of the terms of 
 Section 23 is, of course, that the resumption of part of the 
 holding was contemplated by the coniract of tenancy, and 
 no case for a counter-notice would therefore arise. 
 
 The question arises, both in the construction of Section 23 
 as it will applv in future to tenancies from year to year and 
 as it will apply under the present section to all cases of 
 tenancies where a provision as to resumption of possession 
 contained in the contract is put into force, as to what will 
 be included in the expression '' provisions of the Act 
 " respecting compensation." Up to the commencement 
 of the present Act a tenant could not claim compensation 
 for disturbance under Section 11 of the Act of 1908 in 
 cases of resumption under Section 23 of that Act, nor, in 
 the absence of special provision, in cases of resumption 
 under a provision in the contract of tenancy, because in all 
 such cases the depriving of a tenant of land for the purposes 
 mentioned Avould almost certainly have been considered a 
 " grood and sufficient cause" within the meaning of the 
 first-named section. 
 
 In future the position will be that, as regards cases of 
 resumption under Section 23 of the Act of 1908, the matter
 
 00 
 
 will be regulated by Sub-section (7) {d) of Section 10 of the 
 present Act, which has already been commented upon (see 
 p. 21) ; but as regards cases where resumption takes place 
 under a provision contained in the contract of tenancy, it is 
 clear that, in respect of the part of which possession is 
 resumed, compensation for disturbance upon the new scale 
 laid down by Section 10 will be payable, the apportioned 
 rent being applied to determine the one year's rent payable 
 in ordinary cases, subject, as the proviso to the present 
 section ensures, to allowance being made for any benefit 
 or relief allowed to the tenant in respect of land resumed. 
 
 An amendment made to paragraph (iii.) of Section 23 
 of the Act of 1908 by the First and Second Schedules 
 to the present Act should be noted. In future one of the 
 purposes for which a resumption notice under that section 
 mav be given will be " the provision of allotments," and 
 not necessarilv the "provision of allotments for labourers" 
 only. 
 
 Section 23 (Amendment of Section 40 of the Act of igo8 Section 23. 
 — for text see p. 94) relates to the powers of a bishop in 
 respect of ecclesiastical lands, and of an incumbent in 
 respect of glebe lands, and is not of general interest. The, 
 repeals involved in the amendments made by this section 
 are repeated in the Second Schedule to the present Act. 
 
 The object of Section 24 (Extension of meaning of hold- Section 24. 
 ing— -for text see p. 95) is to deal with those cases where, 
 because part of a " holding" "A" would, if it had been let 
 separately, not have been a "holding," the whole of "hold- 
 ing " " A " is accordincrlv not reo-arded as a holdins^ under 
 the Act of 1908, and no compensation is therefore payable 
 under that Act. The point turns upon the definition of 
 " holding " in the Act of [908, and the object of the section 
 is to reverse the decision in Lancaster v. Macnamara 
 (19 1 8), 2 K.B., 472, where the Court of Appeal held 
 that where the property comprised in a h^ase included 
 not only a farm but an inn forming an important 
 part of the demised premises, and in which a separate 
 business was carried on, neither the whole property nor 
 the farm constituted a " holdmg " within the meaning of 
 the Act of 1908, and that therefore the tenant could not 
 obtain compensation under the Act either in respect of the 
 whole property or the farm alone. It will be noted that if 
 the section is applied to the facts of the case quoted, the 
 lenant would be entitled to compensation (including com-
 
 56 
 
 pensation for disturbance under Section lo upon the new 
 scale) in respect of the farm, but not of the inn. 
 
 Section 25. Section 25 (Prohibition of removal of manure, &c., after 
 notice to determine tenancy — for text see p. 95). 
 
 Section 26 of the Act of 1908 contains the present 
 code of law, which is very well known, relating to freedom 
 of cropping and disposal of produce. That section is not 
 repealed or amended in any way by the Act. Section 25 
 puts upon the tenant a further obligation, namely, that 
 where notice to terminate the tenancy of a holding is o-iven 
 either by the landlord or the tenant, the tenant shall not, 
 subject to any agreement to the contrary, at any time after 
 the date of the notice, sell or remove from the holding any 
 manure or compost, or any hay, straw or roots grown in 
 the last year of the tenancy unless and until he has given 
 the landlord or incoming tenant a reasonable opportunity 
 of agreeing to purchase on the termination of the tenancy 
 at their fair market value, or at such other value as is pro- 
 vided by the contract of tenancy, the said manure, compost, 
 hay, straw, or roots. 
 
 The provision will therefore operate concurrently with 
 Section 26 of the Act of 1908, with the result that, if such 
 option to the landlord is declined, the tenant will still (where 
 required by custom, contract, or agreement to consume his 
 hay, straw, &c., on the holding) be under an obligation to 
 return to the holding the full equivalent manurial value of 
 all crops sold off or removed from the holding in contraven- 
 tion of such custom, contract, or agreement. 
 
 The provision is in accordance with the recommenda- 
 tion contained in paragraph 280, page 75, of the Report of 
 Lord Selborne's Committee, which was as follows : — 
 
 " In order to meet the needs of districts where 
 " no custom obtains, tenants holding under no agree- 
 " ment should be required to farm the land fully and 
 " properly, and according to the accepted rules of 
 " good husbandry during the last year of the tenancy, 
 " and in such a manner that the incomer may not be 
 " prejudiced either by the land not being left properly 
 " cultivated or cropped, or by there not being left 
 " thereon a sufificient quantity of hay, straw, or manure 
 ' to ensure the continuity of economic management. 
 " For this purpose the outgoing tenant should be 
 " required to give the first option to purchase at a
 
 .57 
 
 " valuation manure, hay or straw which he proposes 
 '' to sell off in the last year of his tenancy to the 
 •' incoming tenant or the landlord." 
 
 It IS to be noted — 
 
 (i.) That the obligation to return the full equi- 
 valent manurial value only arises under 
 Section 26 of the Act of igo8, when the 
 tenant is required by custom or agreement 
 to consume the produce on the holding ; 
 
 (ii.) That the present section, on the contrary, 
 applies whether there is such a custom or 
 contract or not, though it can be contracted 
 out of ; 
 
 (iii.) That the words " grown in the last year of 
 " the tenancy" are of importance. These 
 words are intended to meet the cases of 
 Gale V. Bates (65 L. J., Ex. 235) ; and 
 Meggeson v. Groves (W. N. [igi6], p. 378), 
 by which it has been decided that a covenant 
 not to sell off hay during the last year of 
 the tenancy applied to all hay on the farm 
 whether grown in the last year or not. 
 
 Section 26 (Record of holding — for text see p. 95) re- Section 26. 
 places Section 27 of the Act of 1908, which is repealed by 
 the Second Schedule to the Act. Under that section, if 
 either party at the commencement of a tenancy so required, 
 a record of condition was to be made within three months 
 after the commencement of the tenancy. The present 
 section provides that the requirement may be made at any 
 time during the tenancy, and specifies no time within 
 which it shall be made. It also extends, where the tenant 
 so requires, to a record of any existing improvements 
 executed by the tenant, or for which he is, under Section 7 
 of the Act of 1908, entitled to claim compensation {i.e., 
 improvements compensation for which was paid by him to 
 an outgoing tenant), and of any fixtures or buildings which, 
 under Section 21 of that Act, he is entitled to remove. 
 The similar Section 27 of the Act of 1908, now repealed, 
 did not extend to these two matters. As regards the 
 persons by whom the cost of the record shall be borne, the 
 present section affects no alteration.
 
 5S 
 
 Section 29. Section 29 (Minor Amendments of Act of 1908 and of 
 
 the Agricultural Land Sales (Restriction of Notices to 
 Quit) .Act, 1919) effects by reference to the tv«'o parts of 
 the First Schedule to the present Act certain minor amend- 
 ments in these two statutes. 
 
 Dealing with them in order as they appear in that 
 Schedule : — 
 
 Act of 1908. 
 
 Sect. I 
 
 Sub-section (i) of Section i of the KcX. of 
 1908 provides that " Where a tenant of a hold- 
 " ing has made thereon any improvement com- 
 " prised in the First Schedule to this Act he 
 " shall ... be entitled ... to obtain . . . 
 " compensation." 
 
 It is proposed to make this- read: "Where 
 " a tenant of a holdino- has made thereon any 
 " improvement comprised in the First Schedule 
 " to this Act and the tenancy ivas eittered upon 
 " after the first day of January^ 1921, ivhether 
 " the improvement was or was not an improve- 
 " ment which he was required to make by the 
 " the terms of his tenancy ..." 
 
 The intention of this amendment clearly was 
 that in future cases compensation for improve- 
 ments should be payable whether or not the 
 improvement is called for by the contract of 
 tenancy. Owing, however, to an omission, the 
 strict meaning of the provision, as amended, is 
 very different, but in the circumstances it is 
 not thought that judicial effect will be given 
 to it {vide remarks on this subject hereafter, 
 page ^'2, post). 
 
 Tenancy agreements sometimes provide that 
 a tenant shall execute a certain improvement, 
 and an allowance either in the rent or otherwise 
 is made in consideration of his accepting this 
 condition. This amendment was not intended to 
 have the effect of upsetting legitimate arrange- 
 ments of this kind, as, by the second amendment 
 made by this Schedule, Sub-section (2) {a) of 
 Section i of the Act of 1908 will in future pro- 
 vide that there shall be taken into account "any
 
 59 
 
 Act of 1908 — {conid.). 
 
 Sect. 
 
 Sect. 15 
 
 " benefit which the landlord has given or allowed 
 " to the tenant in consideration of the tenant 
 " executing the improvement ivhether expressly 
 " stated in the contract of tenancy to be so 
 " given or allowed or not '' (the words italicised 
 being new). 
 
 The third amendment to Section i will make 
 Sub-section {2) (d) of that section provide that 
 in ascertaining the amount of compensation 
 I there shall be taken into account, as respects 
 I manuring, the value of the manure required by 
 the contract of tenancy or by custom to be re- 
 turned to the holding in respect of anv crops 
 grown on and sold off or removed from the 
 holding within the last two years of the tenancy 
 . . . (the words italicised being new). This 
 amendment is to meet the cases of Gale v. 
 Bates and Meggeson v. Groves already referred 
 to (see page 57). 
 
 This section has hitherto provided that (sub- 
 ject to the other provisions of the Act of igo8) 
 any contract made bv a tenant of a holding by 
 virtue of which he is deprived of his right to 
 claim compensation under that Act, /// respect 
 of any iinprovement comprised in the First 
 Schedule thereto, should be void so far as it 
 deprived him of that right. The words italicised 
 are now repealed, so that the section in question 
 I will now cover claims for {inter alia) compen- 
 j sation for disturbance, as well as for the 
 improvements previous!}- specified. 
 
 This section was for the principal benefit of 
 landowners who own less than the fee simple, 
 and enabled them, on paying compensation, to 
 obtain a charge upon the holding therefor. The 
 words now added extend this power so as to 
 include compensation for disturbance and the 
 costs of the charge.
 
 Sect. 21, 
 
 Sect. 31 
 
 First 
 Schedule 
 
 Second 
 Schedule 
 
 60 
 
 Act of 1908 — [contd.). 
 
 This amendment has already been noted 
 (see p. 55;. 
 
 This is a consequential amendment, and pro- 
 vides that the set-off for compensation against 
 rent distrained for shall extend to compensation 
 for disturbance as well as compensation for 
 improvements. 
 
 These amendments have already been noted 
 (see pp. 2>^, 40, and 50). 
 
 Agricultural Land Sales [Restriction of Notices to Quit) 
 
 Act, 1919. 
 
 Sect. 
 
 This Act (already referred to, see p. 52) pro- 
 vided that on the makingf after 19th 
 
 August, 
 holding 
 
 or 
 
 19 1 9, of any contract for sale of a 
 any part of a holding held by a tenant from year 
 to year, any then current and unexpired notice 
 to determine the tenancy of the holding given to 
 the tenant, either before or after the above date, 
 should be null and void unless the tenant should 
 after that date and prior to the contract of sale 
 by writing agree that such notice should be 
 valid. It was held by the High Court in the 
 case of Robinson v. Nesbit that the Act was not 
 confined to a notice to quit and a sale by the 
 same person, and accordingly that a notice to 
 quit which was otherwise valid would be invali- 
 dated by a sub-sale of part of the holding made 
 after the sale by the person who gave the notice 
 to quit. The Act is now amended so as to cure 
 the defect disclosed by the case in question, and 
 a notice will only in future be voided where the 
 notice and subsequent sale are given and made 
 bv the same person.
 
 6[ 
 
 Part III. of Act. 
 
 Head IV. Miscellaneous Provisions. 
 
 Sections 30, 31, yi, i^i,' 34> 25^ 3^- and Second 
 Schedule. 
 
 Section 30 (Expenses — for text see p. 97) relates to the Section 30. 
 expenses of meeting payments under the guarantees pro- 
 vided by Part I. of the Act of 191 7, as amended by Part I. 
 of the present Act, and other expenses thereunder which 
 are to be defrayed out of moneys provided by Parhament. 
 
 Section 31 (Provision as to powers by agricultural Section 31. 
 committees — for text see p. 97) by its hrst sub-section 
 enables an agricultural committee to delegate any of its 
 powers under any Act to a sub-committee except where 
 otherwise expressly provided by any such Acts. An 
 exception is also made in the case of " the power con- 
 " ferred by this section " — words wdiich are not very clear. 
 Apparently they are intended to refer to the power of 
 delegation conferred by the sub-section itself. The 
 Ministry of Agriculture and Fisheries Act, 19 19, which 
 inaugurated agricultural committees, provided for the 
 establishment of small holdina;s and allotments sub-corn- 
 mittees, and diseases of animals sub-committees, with duties 
 indicated by these titles, and the present sub-section is 
 an indication that certain of the powers of the present Act 
 conferred upon agricultural committees will be actually put 
 into force by cultivation sub-committees, which (though 
 many exist) have at present no separate statutory existence. 
 
 Sub-section (2) imposes on members of agricultural 
 committees a disability of moderate severity from taking 
 part in decisions of such committees in which they are 
 interested. Complete detachment is almost impossible in 
 practice if men in touch wdth local conditions and of the 
 requisite knowledge and experience are to serve, and the 
 provision should sufficiently remedy a defect in the Act of 
 1919, which was silent on this point. 
 
 Section 32 (Dwelling-houses occupied by A\orkmen em- Section 32. 
 ployed in agriculture — for text see p. 98). 
 
 Section 14 of the Housing and Town Planning Act, 
 1909, made it an implied condition in the case of the letting
 
 62 
 
 Section t,^. 
 
 Sections 34 
 and 35. 
 
 Section 36. 
 
 for habitation of any house of a rent not exceeding (in 
 rural districts) £16 per annum that the house was at the 
 commencement of the holding in all respects reasonably 
 fit for human habitation. Section 15 of the same x\ct 
 created a similar condition that the house should during 
 the letting be kept in all respects reasonably fit for human 
 habitation. 
 
 Both these sections, however, apply to " letting at a 
 " rent." The present section puts in precisely the same 
 position similar houses which are not let at a rent but 
 provided as part of the workman's remuneration. 
 
 The tenant farmer who allows a workman in his employ 
 to occupy one of the cottages let to the tenant with a farm 
 is therefore put in this respect in the same position as the 
 owner who lets working-class property to which the two 
 sections of the Act of igog apply. The proviso saves un- 
 touched any liability there iliay be as between the tenant 
 and his landlord with reference to the repair of the cottage. 
 
 Section 33 (Interpretation). 
 
 All the definitions contained in this section have already 
 been commented upon {vide, in particular, pp. g and 20). 
 
 This Memorandum is not concerned with Section 34 
 (Application to Scotland); and Section 35 (Act not to apply 
 to Ireland) is sufficiently explained by its marginal note."^ 
 
 Under Section 36 (Commencement, repeal, and short 
 title) it is first provided that, as already noted, the Act 
 shall come into operation on the ist January, ig2i. Sub- 
 section (3) and the Second Schedule effect a number of 
 repeals, all of which have, however, been referred to as 
 they arose in the course of thisMemorandum. Sub-section(3) 
 also contains the necessary savings to protect the position 
 of all parties under the exercise of the powers given by the 
 Defence of the Realm Regulations in the circumstances 
 already explained (see p. 14). 
 
 The Bill for the present Act, dealing as it did with 
 controversial questions of a complicated character, was 
 the subject of much discussion in Parliament. It was 
 very materially amended in the House of Lords, and its 
 
 * See,*ho\vever, remarks on p. 6^.
 
 63 
 
 concluding stages were completed immediately before 
 Christmas 1920, in circumstances of great pressure. It is not 
 surprising, therefore, that careful perusal of it discloses 
 some results which are probably unintentional, and which 
 arise either from inadvertent errors or omissions, or 
 possibly from insufficient time being allowed to appreciate 
 the indirect results of amendments. It may perhaps be 
 useful to set out such of these as have come to light in the 
 course of the preparation of this Memorandum, though it is 
 not suggested that the list given is exhaustive ; — 
 
 (i) Application of the present Act and the Corn 
 Production Act, 19 17, to Ireland. — By Section 18 (2) of 
 the Act of 19 1 7 that Act applied to Ireland subject to 
 certain modifications. Section 19 (2) of that Act provided 
 that it should, except as otherwise provided, come into 
 operation on the 21st August, 191 7, and continue in force 
 until the 31st December, 1922, unless meanwhile Parlia- 
 ment made provision for its continuance. 
 
 The present Act (Section 35) provides that " this Act 
 " shall not apply to Ireland." Having regard to the over- 
 riding fact tliat the present Act does not apply to Ireland, 
 it would appear that the position is that the Act of 191 7 
 (^including the minimum guaranteed prices prescribed by 
 Section 2 (i) thereof) will (in the modified form in which 
 it was originally applied to Ireland) continue to apply to 
 Ireland until the end of 1922, and that after that date the 
 Act of 19 1 7 will cease to apply to Ireland altogether. As 
 the present Act does not apply to Ireland, the provision 
 contained in Section 2 (i) («j ot the Act, so far as it refers 
 to the Department of Agriculture and Technical Instruction 
 for Ireland, becomes meaningless. 
 
 (2) Amendment of Section i i^i) of Act of 190S by 
 Section 29 and First Schedule of the present Act 
 {vide p. 58 ante). — By the introduction of the words 
 italicised below, these provisions make Section i of the 
 Act of 1908 read as follows : — 
 
 " Where a tenant of a holding has made thereon 
 " any improvement comprised in the First Schedule 
 '' to this Act and the tejtancy was entered upon after 
 " tJie first day of January, 1921, whether the im- 
 '■' provement was or was not an improvement which 
 " he was required to make by the terms of his 
 " tenancy, he shall, subject as in this Act mentioned, 
 " be entitled .... to obtain .... compensation . . , ."
 
 64 
 
 The intention is obvious, but owing, it is suggested, to 
 the accidental omission of the word " where " after "and " 
 (the first of the italicised words), the result achieved, if 
 strictly construed, is to deprive all tenants whose tenancies 
 were entered upon prior to or on the ist day of January, 1921, 
 of all compensation for improvements. The introduction 
 of the word " where " where indicated above, and the 
 introduction of a parenthesis as follows : — 
 
 " Where a tenant of a holding has made thereon 
 " any improvement comprised in the First Schedule 
 " to this Act, and (where the tenancy was entered 
 " upon after the hrst day of January, 1921), whether 
 " the improvement was or was not an improvement 
 " which he was required to make by the terms of his 
 " tenancy, he shall . . . . " 
 
 would have brought about the desired result. In so 
 obvious a case, however, it is not thought that the Court 
 would enforce an interpretation so clearly against the 
 intention and so remarkable in its results. 
 
 (3) Section 12. Last line of first paragrapli of Sub- 
 section (4). — The word " tenant" here appearing seems an 
 obvious mistake for " workman." 
 
 (4) The position of tenants holding under agricultural 
 tenancies for terms of two years or upwards as regards 
 compensation for disturbance (commented upon on p. 31 
 ante) — the result of Section 13 (3). 
 
 (5) The position of tenants holding under such tenancies 
 as mentioned in (4) above, in relation to their sub-tenants 
 (commented upon in note (■'') to Section 10 ; see p. 83 post), 
 the result of the same provision. 
 
 (6) The provisions of Section 10 (4) bearing upon the 
 readjustment of rent (discussed on p. 24 ante).
 
 6^ 
 
 AGRICULTURE ACT, 1920. 
 
 (lo & II Geo. 5, Ch. 76.) 
 ARRANGEMENT OF SECTIONS. 
 
 Pakt I. — Aiiiendmeut of tlic Corn Prodiiilioii Aii, 1917. 
 Section. 
 
 1. Continuance of Corn Production Act, 1917. 
 
 2. Amendment as to minimum price and average price. 
 
 3. Appointment, remuneration, and powers of Commissioners. 
 
 4. Power to enforce proper cultivation. 
 
 5. Arbitrations under the Corn Production Act, 1917. 
 
 6. Establishment of wages committees in Wales. 
 
 7. Service of notices under Part IV. of Corn Production Act, 1917. 
 
 8. Annual accounts to be furnished by agricultural committees. 
 
 9. Commencement t>f Part I\'. of Corn Production Act, 1917. 
 
 Part II. — Anunidnwut of Agricultural Holdings Acts. 
 
 10. Compensation for disturbance. 
 
 11. Compensation for disturbance in case of allotment gardens. 
 
 12. Application of j\.ct to cottage on holdings under Act of 1908. 
 
 13. E.Ktensiun of tenancies under leases for a term of years. 
 
 14. Amendment of Landlord and Tenant Act. 1S51. 
 
 15. Amendment of law as lo improvements. 
 
 16. Compensation for continuous adoption of special standard or system of 
 
 farming. 
 
 17. Determination of claims for compensation where a holding is divided. 
 
 18. Arbitration on quitting holding. 
 
 19. Compensation to landlord for deterioration of holding. 
 
 20. Provisions for expediting and reducing costs of arbitrations. 
 
 21. Constitution of panel of arbitrators, and provision as to arbitrators' 
 
 remuneration. 
 
 22. Resumption of part of holding by landlord. 
 
 23. Amendment of Section 40 of 8 Edw. 7. c. 28. 
 
 24. Extension of meaning of '* holding.'" 
 
 25. Prohibition of removal of manure, &c., after notice to terminate the 
 
 tenancy. 
 
 26. Record of holding. 
 
 27. Amendment of Section 4 of the Act of 1908. 
 
 28. Notices to quit. 
 
 29. Minor amendments of 8 Edw. 7. c. 28. anil 9 (\; 10 Geo. 5. c. 3. 
 
 Part \\\. — General. 
 
 30. Expenses. 
 
 31. Provisions as to agricultural committees. 
 
 32. Dwelling-house occupied by workmen employed in agriculture. 
 
 33. Interpretation. 
 
 34. Application to Scotland. 
 
 35. Act not to apply to Ireland. 
 
 36. Commencement, repeal, and short title. 
 Schedules.
 
 66 
 
 [lo & II (iEO. 5.J Agriciilfi/ir Ac/, 1920. [Ch. 76.] 
 
 CHAPTER 76. 
 
 A.D. 1920. An Act to amend the Corn Production Act, 1917, and 
 the Enactments relating to Agricultural Holdings. 
 
 [23rd December 1920. j 
 
 BE it enacted by the King'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 : — 
 
 Part I. 
 
 A mend III 01 1 of the Corn Production Act, 1917. 
 
 SECTION 1. 
 
 Conunuance of 1. — (x) Subject as hereinafter provided, the provisions of the 
 
 Corn Pro- ^^^.^^ qj- 1017 0-) shall continue in force until Parliament otherwise 
 
 duction Act, J ^ . ^ ' ^ ' 
 J - ' determines : 
 
 . ' , Provided that it shall be lawful for His Majesty, on an 
 
 Q ,6_ " ' "'' Address presented to him by both Houses of Parliament praying 
 
 that the Act of 191 7 shall cease to be in force, by Order in 
 
 Council to declare that that Act shall cease to be in force on the 
 
 expiration of the fourth year subsequent to the year in which the 
 
 Order is made. 
 
 (2) In the event of an Order in Council being made under 
 this section, the expiration of the provisions of the Act of 191 7 
 by virtue of the Order shall not affect the right to any payments 
 under Part I. of that Act in respect of the wheat and oats of the 
 year on the termination of which those provisions expire or of 
 any previous year, or any rights, privileges, obligations or liabili- 
 ties acquired, accrued, or incurred under those provisions before 
 the date on which those provisions expire, or any penalty, for- 
 feiture, or punishment incurred in respect of any offence com- 
 mitted under those provisions before that date, or in respect of 
 any statement or representation made in connection with a claim
 
 under those provisicms, whether the statement, representation, or 
 claim was made before or after that date. 
 
 For general remarks on Sections i, 2, 3, 5, 6, 7, and 8. see pp. 7 and S ante. 
 
 (') i.e., as amended by this Acl. Sections t^i (5) and 33 (6) provide that 
 " the Act of 1917 " means the Corn Production Act, 1917, and that references 
 to that Act or to any of its provisions shall be construed as referring to that 
 Act or to that provision as ameniled by any other Act, including this Act. 
 Section 36 (2) provides that Part L of this Act shall be construed as one with 
 the Act of 1917. 
 
 SECTION 2. 
 
 2. — (1) The minimum prices for the wheat and oats of the Amendment as 
 
 year nineteen hundred and twenty-one and any subsequent year to minimum 
 
 shall be such prices for a statutory quarter as correspond to the P"*^^ ^ . 
 r ^^ • • • • rii , -.r average price. 
 
 roUowmg mmmium prices for the wheat and oats respectively of 
 
 the year nineteen hundred and nineteen (hereinafter referred to 
 
 as "the- standard year") : — 
 
 ^^'heat 68j-. per customary quarter of 504 pounds. 
 
 O-'its 46^-. „ „ 336 „ 
 
 and the corresponding minimum prices shall be fixed in respect 
 of each year in accordance with the following provisions : — 
 
 {a) The Commissioners to be appointed under this Part of 
 this Act shall, as soon as possible after the completion 
 of the harvest in the year nineteen hundred and twenty- 
 one and each subsequent year, ascertain, after considera- 
 tion of any information furnished by the Minister, the 
 Board of Agriculture for Scotland, and the Department 
 of Agriculture and Technical Instruction for Ireland, 
 the percentage by which the cost of production of the 
 wheat and oats respectively of that year is greater or 
 less than the cost of production of the wheat and oats 
 respectively of the standard year : 
 
 (/') In ascertaining the variation in the cost of production no 
 account shall be taken of any variation of rent, except 
 any variation that is attributable to a variation in the 
 cost of maintenance ; 
 
 {c) The corresponding minimum prices for the wheat and 
 oats respectively of any year shall be such sums as are 
 certified by the Commissioners to bear to the minimum 
 prices for the wheat and oats respectively of the standard 
 year the same proportion as the cost of production of 
 the wheat and oats respectively of the year for which the 
 prices are to be lixed bears to the cost of production of 
 the wheat and oats respectively of the standard year. 
 
 C 2
 
 68 
 
 (2) Any fraction of a penny in the average price or minimum 
 price per statutory quarter shall be disregarded. 
 
 (3) The foregoing provisions of this section shall have effect 
 in substitution for the provisions of sub-section (i) of section two 
 of the Act of 191 7. 0) 
 
 (4) The expression " statutory quarter " shall be substituted 
 for the expression " quarter " wherever that expression occurs in 
 the Act of 191 7. 
 
 (') The prices i 
 
 ixetl Ijy the sub-section referre 
 
 d to were : — 
 
 Crop for 
 Year. 
 
 Wheat price per statutory 
 quarter of 480 lbs. 
 
 Oats price per statutory 
 quarter of 300 lbs. 
 
 1917 
 
 1918I 
 
 1919 1 
 
 1920 ] 
 
 1921 
 
 1922 i 
 
 60^. 
 
 55^- 
 
 45^- 
 
 3S.f. 6d. 
 
 24s. 
 
 Appointment, 
 reniuneralion, 
 and powers of 
 Commis- 
 sioners. 
 
 SECTION 3. 
 
 3. — (i) For the purposes of this Part of this Act, there shall 
 be three Commissioners, one of whom shall be appointed by the 
 Minister, and the Board of Agriculture for Scotland jointly, one 
 by the Treasury and one by the Board of Trade. 
 
 (2) There shall be paid to the Commissioners such remunera- 
 tion as the Treasury may determine, and any such remuneration 
 and the expenses of the Commissioners, up to an amount 
 sanctioned by the Treasury, shall be defrayed out of moneys 
 provided by Parliament. 
 
 (3) The Commissioners may, subject to any directions given 
 by the Treasury, pay to any person requested by them to furnish 
 particulars with respect to the subject-matter of their inquiry or 
 to attend before them such reasonable expenses as such person 
 shall incur in respect thereof. 
 
 (4) The Commissioners shall not, except with the consent of 
 the person concerned, include in any report or publication made 
 or authorised by them any information obtained by them in the 
 course of an inquiry made by them under this section as to the 
 business carried on by any person which is not available otherwise 
 than through evidence given to them during the inquiry, nor 
 shall any Commissioner or any person concerned in the inquiry, 
 except with such consent as aforesaid, disclose any such 
 information.
 
 69 
 
 SECTION 4. 
 
 4, — (i) The Minister, if in any case he is of ojiinion after Power to 
 consultation with the agricultural committee (if any) for the area '-^nfo/ce proper 
 m which the land is situate — 
 
 {a) that any arable or grass land not being a park, garden, 
 or pleasure ground or land adjoining a mansion-house 
 or garden attached thereto and required for their pro- 
 tection or amenity or woodland or land cultivated for 
 osiers, is not being cultivated according to the rules of 
 good husbandry ; or 
 
 (//) that the production of food on any such land as aforesaid 
 can, in the national interest and without injuriously 
 affecting the persons interested in the land or altering 
 the general character of the holding, be maintained or 
 increased by the occupier by means of an improvement 
 in the existing method of cultivation ; or 
 
 (e") that the occupier of such land as aforesaid has unreason- 
 ably neglected to execute thereon the necessary works 
 of maintenance being, in the case of land occupied by a 
 tenant, works which he is liable to execute under the 
 conditions of his tenancy or rendered necessary by his 
 act or default : or 
 
 (//) that the owner of such land as aforesaid in the occupation 
 of a tenant has unreasonably neglected to execute 
 thereon the necessary works of maintenance, not being 
 works to which the preceding paragraph applies ; (^) 
 
 may serve notice, in the case of neglect to execute the necessary 
 works of maintenance, on the tenant or owner, as the case may 
 be, requiring him to execute the necessary works specified in 
 the notice within such time as may be so specified, and in any 
 other case on the occupier of the land requiring him to cultivate 
 the land in accordance with such directions as the Minister may 
 give for securing that the cultivation shall be in accordance 
 with the rules of good husbandry or for securing the necessary 
 improvement in the existing method of cultivation, so however 
 as not to interfere with the discretion of the occupier as to the 
 crops to be grown, and the Minister may, in the same or any 
 subsequent notice so served, provide for securing to the landlord 
 such payments or other benefits (if any) as the Minister thinks 
 just on account of any profit or benefit derived or expected to be 
 derived by the tenant by reason of the execution by the owner of 
 any works of maintenance, and any such provision of the notice 
 shall have effect as if it was contained in the contract of tenancy : 
 Provided that, if any person on whom any notice is served (-) 
 under this section is aggrieved by the notice, he may, within the 
 prescribed time, (-") require the question whether the land has been
 
 70 
 
 cultivated according to the rules of good husbandry, or whether 
 the production of food on the land can in the national interest be 
 maintained or increased by the occupier by means of the required 
 improvement in the existing method of cultivation, or whether 
 such improvement will injuriously affect the persons interested in 
 the land, or alter the general character of the holding, or w^iether 
 the works required to be executed are necessary works of main- 
 tenance, or whether the time specified in the notice for the execu- 
 tion of such works is reasonable, to be referred to arbitration in 
 accordance with Part IV. of the Act of 191 7 (■"), and, where any 
 question is so referred to arbitration, no action shall be taken for 
 enforcing the directions given by the Minister until the determi- 
 nation of the reference or except in accordance with the terms of 
 the award, and, where the person on whom any notice is served is 
 a tenant, the landlord shall have the same right as the tenant of 
 requiring any question to be referred to arbitration. 
 
 (2) Where any notice is served on a tenant, a copy of the 
 notice shall, at the same time, be served on the landlord. 
 
 (3) No action shall be taken by the Minister or by the 
 agricultural committee (if any) under sub-section (i) of this 
 section unless a full report in writing signed on behalf of the 
 Minister or of the committee, setting out in detail the matters 
 complained of and the improvements or works required, has been 
 served upon the owner and occupier. 
 
 (4) Where a notice has been served under this section on 
 the owner or occupier of any land requiring him within a time 
 specified in the notice to execute some work (■*) and that person 
 unreasonably fails to comply with the requirements of the notice, 
 he shall be liable, on summary conviction in respect of each 
 offence, to a fine not exceeding twenty pounds and to a further 
 fine not exceeding twenty shillings for every day during which the 
 default continues after conviction : 
 
 Provided that — 
 
 (a) proceedings for an offence under this sub-section shall 
 not be instituted except by the Minister ; and 
 
 (/') the Minister shall be entitled to execute any work 
 specified in the notice, and to recover summarily 
 as a civil debt from the person in default the reason- 
 able cost of executing such work in a proper and 
 workmanlike manner, and the right to institute any 
 such proceedings shall not be prejudiced by the fact 
 that the Minister has executed the work specified in the 
 notice. 
 
 (5) Where a notice has been served on the owner of any 
 land in the occupation of a tenant requiring him within a time 
 specified in the notice to execute necessary works of maintenance
 
 71 
 
 and the owner fails to comply with the requirements of the 
 notice, the Minister may authorise the tenant to execute the 
 works in a proper and workmanlike manner, and a tenant so 
 authorised shall be entitled to execute the works accordingly, 
 and at any time after the works have been executed to recover 
 from the owner the costs reasonably incurred by him in so 
 doing, ('') in the same manner in all respects as if those costs were 
 compensation awarded in respect of an improvement under the 
 Act of 1 90S. («) 
 
 (6) A notice under this section shall not require any work to 
 be executed within a period of less than one month from the 
 date of the notice, unless in the opinion of the Minister it is 
 necessary that the work should be executed within some shorter 
 period specified in the notice. 
 
 (7) Where the Minister is of opinion, after consultation with 
 the agricultural committee, that the owner of any agricultural 
 estate (") situate wholly or partly in the area of the committee, 
 whether the estate or any part thereof is or is not in the 
 occupation of tenants, grossly mismanages the estate to such an 
 extent as to prejudice materially the production of food thereon 
 or the welfare of those who are engaged in the cultivation of the 
 estate, the Minister may, if he thinks it necessary or desirable 
 so to do in the national interest, and after holding such public 
 inquiry as he thinks proper and after taking into consideration 
 any representations made to him by the owner, by order appoint 
 such person as he thinks fit to act as receiver and manager of the 
 estate or any part thereof : 
 
 Provided that — 
 
 (a) an order made under this sub-section shall not, except 
 where the person appointed by the order to act as 
 receiver and manager of the estate is appointed to act 
 in the place of a person previously appointed under 
 this sub-section, take effect until a period of six months 
 has elapsed after the date on which notice of the order 
 having been made was given to the owner of the estate, 
 and the owner may, at any time during the said period, 
 appeal against the order to the High Court in accordance 
 with rules of court, and, where any such appeal is made, 
 the order shall not take effect pending the determina- 
 tion of the appeal ; and 
 
 (l>) an order made under this sub-section shall not, except 
 with the consent of the owner, extend to a mansion- 
 house, or the garden or grounds attached thereto, or to 
 any land which at the date of the order forms part of 
 any park attached to and usually occupied with the 
 mansion-house, and required for the amenity or con- 
 .venience of the mansion-house, or to any land or
 
 72 
 
 buildings which are not used, or intended to be used, 
 for agricultural purposes : and 
 
 (c) an order made under this sub-section shall not operate to 
 deprive any jierson, except with his consent, of any 
 sporting rights over the estate which do not interfere 
 with the production of food on the estate : and 
 
 ((/) any person appointed to act as receiver and manager of 
 any estate under this section shall render a yearly 
 report and statement of accounts to the owner or his 
 agent and to the Minister : and 
 
 (e) the powers conferred by this sub-section shall be in 
 addition to and not in derogation of any other powers 
 conferred on the Minister under this section. 
 
 The Minister may, by an order made under this provision, 
 apply for the purposes of the order, with such modifications as 
 he thinks fit, any of the provisions of section twenty-four of 
 44 & 45 Vict, the Conveyancing and Law of Property Act i88i,(^'^) which relates 
 c. 41- to the powers, remuneration, and duties of receivers appointed 
 
 by mortgagees, and authorise the receiver and manager to 
 exercise such other powers vested in the owner of the estate as 
 may be specified in the order and may l)e reasonably necessary 
 for the proper discharge by him of his duties as receiver and 
 manager : 
 
 Provided that the receiver and manager shall not have power 
 to sell or create any charge upon the estate or any part thereof or 
 to cut or sell timber or underwood thereon, except with the 
 consent of the owner or with the approval of the High Court 
 obtained upon an application made for the purpose in accordance 
 with rules of court. 
 
 The owner of any estate in respect of whicti an order has 
 been made under this sub-section may. at any time after the 
 expiration of three years from the date of the order, or after any 
 change in the ownership of the estate, apply to the Minister to 
 have the order appointing the receiver and manager revoked, and, 
 if on any such application the Minister refuses to revoke the order, 
 the owner may appeal against the refusal to the High Court, in 
 accordance with rules of court. 
 
 The Minister shall, on the application of a purchaser of any 
 land subject to the provisions of an order made under this sub- 
 section, revoke the order so far as it affects that land. 
 
 (8) If within one month after the Minister has, in pursuance 
 of this section, appoint(^d a receiver and manager in respect of 
 any land the owner of the land so requires, a record of the 
 condition of the buildings, fences, gates, roads, drains, ditches, 
 and cultivation of the land shall be made within three months 
 after the date of requisition by a person to be appointed, in
 
 /J) 
 
 default of agreement, by the President of the Surveyors" Institu- 
 tion : and in default of agreement the cost of making such record 
 shall be borne by the Minister and the owner in equal portions. 
 
 (9) For the purposes of this section the expression "' necessary 
 " works of maintenance " means such of the following works as 
 are necessary for the proper cultivation and working of the land 
 on which they are to be executed and are capable of being 
 executed without prohibitive or unreasonable expense (that is to 
 say) :— 
 
 {(7) The maintenance and clearing of drains, embankments, 
 and ditches : 
 
 {/>) The maintenance and proper repair of fences, stone walls, 
 gates, and hedges : 
 
 (c) The execution of repairs to buildings : 
 
 Provided that a notice under sub-section (i) of this section 
 requiring any person to maintain or clear anv drains, embank- 
 ments, or ditches shall not operate so as to impose on that person 
 any obligation in that behalf if and so far as the execution of the 
 works required is rendered impossible by reason of the subsidence 
 of any land or the blocking of outfalls which are not under the 
 control of that person. 
 
 (10) \\'here the Minister is satisfied that there are injurious 
 weeds to which this sub-section applies growing upon any land, 
 he may serve upon the occupier of the land a notice in writing 
 requiring him to cut down or destroy the weeds in the manner 
 and within the time specified in the notice, and, where the 
 occupier unreasonably fails to comply with the requirements of 
 the notice, the provisions of sub-section (4) of this section shall 
 have effect. 
 
 The expression " occupier " in this sub-section means, in the 
 case of any public road, the authority by whom the road is being 
 maintained, and, in the case of unoccupied land, the person 
 entitled to the occupation thereof. 
 
 Regulations may be made under this Act for prescribing the 
 injurious weeds to which this sub-section is to apply. 
 
 (it) The foregoing provisions of this section shall have effect 
 in substitution for section nine of the Act of 19 17. 
 
 (12) In this section the expression "owner "' includes a person 
 entitled for his life or other limited estate. 
 
 For general oljservations upon Sub-sections (i) 10 (6) inclusive of Section 4, 
 see pp. 9 10 12 : up<jn Sub-section (7) and (8), see pp. 12 to 14 ; upon Sul)- 
 section (6), and upon Sub-section (10), see p. 14 a/ih'. 
 
 (') Note that the works, the execution of which can l)e enforced against 
 the landlord, are not " works which the landlord is liable to execute " only, 
 Init all works falling within the meaning of tlie expression "necessary works 
 " of maintenance."'
 
 74 
 
 (-) i.e.. the ovvner-occupiei" where land is not let ; the landlord, where neces- 
 sary works of maititenance are recjuired which the tenant is nut liahle to execute ; 
 and both the owner and the tenant where the notice is served on the tenant 
 {vide Sub-section (2) and concluding words of Sub-section (i) ). 
 
 ('-") " the prescribed time." This time has now been fixed at ffiurteen days 
 from the date of service of the notice (see Statutory Rules and Orders, No. 2465, 
 of 30th December, 1920). 
 
 (^) i.e., in accordance with Section 11 of the Act t)f 1917, before a single 
 arbitrator, and in accordance with the Second Schedule of the Agricultural 
 Holdings Act, 1908, the arbitrator being nominatetl, in default of agree- 
 ment, b}' the President of the Surveyors" Institution. 
 
 C*) "Some work."' The notice must specify some specific work to be 
 executed and not be framed in general terms. In the case of a notice arising 
 under paragraph («) or {h') of Sub-section (i), some "work."' which will be 
 a necessary step towards securing cultivaticjn in accordance with the rules of 
 good husbandry, or towards securing an improvement in the existing method 
 of cultivation, will have to be called for. 
 
 {'') " Necessary works of maintenance " includes {infer alia) " repairs to 
 " buildings '" where necessary for the proper cultivation and working of the 
 land, and cajmble of being executed without prohiljitive or unreasonable ex- 
 pense. The position under the Act of 1908 as regards repairs is therefore worth 
 recalling. Under Part III. of the First Schedule to that Act (Improvements 
 in respect of which consent of or notice to landlord is not required) the following 
 item is included : " Repairs to buildings, l)eing buildings necessary for the 
 " proper cultivation or working of the holding, other than repairs which the 
 '■ tenant is himself under an obligation to execute. Provided that the tenant 
 " before beginning to execute any such repairs shall give the landlord notice 
 " in writing of his intention together with particulars of such repairs, and shall 
 " not execute the repairs unless the landlord fails to execute them within a 
 " reasonable time after receiving such notice." Suljject to these conditions a 
 tenant is entitled under Section i of the Act of 1908 to claim compensation for 
 repairs so executed, but not till the end of his tenancy. 
 
 These last mentioned provisions are not amended or repealed by the pre- 
 sent Act, and will operate concurrently with Sub-section (5) of the present 
 section ; the former applying when the tenant takes action and the latter when 
 the Minister proceeds under the present section. The following distinctions 
 between the two provisions should be noted, viz., that imder Sub-section (5) 
 the tenant, when authorised by the Minister to execute works as to which the 
 landlord is in default, may recover the " costs reasonably incurred by him " at 
 any time after the works have been executed. Whereas if the tenant deals 
 with them under the provisions above referred to, he would recover at the end 
 of his tenancy the unexhausted value of the repairs as an " improvement." 
 
 (") "in the same manner," i.e., as provided by Section 14 of the Act of 
 1908, viz., in the county court. 
 
 Q) "Agricultural estate."' The definition of "agriculture"' in the Act of 
 191 7, which will have a bearing upon the meaning to be assigned to the 
 expression "Agricultural estate," is that it includes "the use of land as 
 " grazing meadow or pasture land, or orchard, or osier land, or woodland, or 
 " for market gardens or nursery grounds," and the expression "agricultural" 
 was directed to be construed accordingl}-. 
 
 (^) Section 24 of the Conveyancing and Law of Property Act, 1881, 
 is as follows : — 
 
 '"'' Appointment, powers, retntineration, and duties of receivei . 
 
 " 24. — (i) A mortgagee entitled to appoint a receiver under the power 
 in that behalf conferred by this Act shall not appoint a receiver until he 
 has become entitled to exercise the power of sale conferred by this Act,
 
 75 
 
 hut ina'y ihcii l)y wiJtiiii;, under liis hand, appoint siudi ;i person as he 
 thinks fit to be receiver. 
 
 " (2) The receiver shall be deemed to be the'agent of the mortgagor ; 
 and the mortgagor shall lie solely responsil)le for the receiver's acts or 
 defaults, unless the mortgage deed otherwise presides. 
 
 "(3) The receiver shall have power to demand and recover all the 
 income of the property of which he is apjjointed receiver, liy action, 
 distress, or otherwise, in the name either of the UKjrtgagor or of the mort- 
 gagee, to the full extent of the estate or interest which the mortgagor 
 could dispose of, and to give effectual receipts, accordingly, for the 
 same. 
 
 " (4) A person paying nKjney to the receiver shall not Ije concerned to 
 intjuire whether any case has happened to authorise I he receiver to act. 
 
 "(5) The receiver may be removed, and a new receiver may be 
 appointed, from time to time by the mortgagee by writing under his 
 hand. 
 
 •' (6) The receiver shall be entitled to retain mit of any money received 
 by him, for his remuneration, and in satisfaction of all costs, charges and 
 expenses incurred by him as receiver, a commission at such rate not 
 exceeding five per centum on the gross amount of all money received, as 
 is specified in his app(jintmenl, and if no rate is so specified, then at the 
 rale of five per centum on that gross amount, or at such higher rale as the 
 court thinks fit to allow, on application made by him for that purpose. 
 
 " (7) The receiver shall, if so directed in writing by the mortgagee, 
 insure, and keep insured, against loss or damage by fire, out of the money 
 received bv him, any building, effects, or properly comiirised in the 
 mortgage, whether aflixed to the freehold or not, lieing of an insurable 
 
 nature 
 
 " (S) The receiver shall apply all money received by him as follows 
 (namely) : — 
 
 (i.) In discharge of all rents, taxes, rates, and outgoings whatever 
 
 affecting the mortgaged property ; and 
 (ii.) In keeping down all annual sums or other payments, and the 
 interest on all principal sums, having priority to the mortgage 
 in right whereof he is receiver; and 
 (iii.) In payment of his commission, and of the premiums on fire, 
 life, or other insurances, if an\-, properly payable under the 
 mortgage deed or under this Act, and the costs of executing 
 necessary or ]iroper repairs directed in writing l)y the mort- 
 gagee : and 
 (iv.) In payment of the interest accruing due in respect of any 
 principal money due under the mortgage; 
 
 and shall pay the residue of the money received by him to the person who, 
 l)Ut for the possession of the receiver, would have been entitled to receive 
 the income of the mortgaged property, (jr who is otherwise entitled to 
 that property." 
 
 SECTION 5. 
 
 5,— (i) If in any arbitration under Part IV. of the Act of Arbitrations 
 
 191 7 the arbitrator states a case for the opinion of the county p"^'*^' **-' 
 
 court on any question of law, the opinion of the court on any cluction Act 
 
 question so stated shall be final unless within the time and in 1917.
 
 76 
 
 accordance with the conditions prescribed by rules of the Supreme 
 Court either party appeals to the Court of Appeal, from whose 
 decision no appeal shall lie, except with leave of that Court. 
 
 52 & 53 Vict. (2) The Arbitration Act, 1889, shall not apply to any arbitra- 
 
 ^- 49- tion under Part R". of the Act of 1917. 
 
 The two sub-sections of this section follow Sub-sections (3) and (4) of 
 Section 13 of the Act of 1908 (which regulate tlie position as regards appeals 
 in the case of arbitrations under the Act of 1908) exactly, sas'e for the con- 
 cluding words of Sub-section (i) of tliis section, viz., "Except with leave of 
 "that Court." The result is that, though upon a case stated by an arbitrator 
 under the Agricultural Holdings Acts there will be no appeal from the 
 Court of Appeal, upon a case stated under Part I\'. of the Act of 1917, when 
 read together with Part I. of the present Act, there will be an appeal to the 
 House of Lords if leave is given by the Court of Appeal. It is to be noted 
 also that in arbitrations under Part IV. of the Act of IQ17, as read with Part I. 
 of the present Act, the arbitrator will, in default of agreement, be nominated 
 by the President of the Surveyors' Institution, whereas in arbitrations under 
 the Agricultural Holdings Acts, as read with Part II. of this Act, such nomina- 
 tion will be made by the Minister of Agriculture from the panel established 
 under Section 21 of this Act. It also seems clear that, having regard to the 
 terms of Section 21 (i) of the present Act, an arbitrator nominated, in default 
 of agreement, by the President of the Surveyors' Institution under the Corn 
 Production Acts, must be nominated from the jianel set up In- that section. 
 
 SECTION 6. 
 
 Establish- ^» Sub-sectioii (i) of section five of the Act of 191 7 shall 
 
 ment of not apply to Wales, and in lieu thereof the provisions contained 
 
 wages com- in the Second Schedule of the Act of 191 7 shall, subject as 
 hereinafter provided, apply with respect to Wales as they apply 
 with respect to Scotland, with the substitution of the Minister 
 of A2:riculture and Fisheries for the Board of A2;riculture for 
 Scotland : 
 
 Provided that — 
 
 (t) The provisions of the said schedule with respect to 
 combinations of districts, and paragraph (4) of the 
 said schedule shall not apply, and there shall be 
 constituted in accordance with a scheme to be 
 framed by the Minister a central agricultural wages 
 committee for AWales (in this section referred to as 
 " the central committee ") consisting of a chairman 
 appointed by the Minister, and of two representa- 
 tives of each district wages committee (one of 
 i whom shall represent employers, and the other of 
 
 whom shall represent workmen) to be elected by 
 the district committee, and of two women to be 
 appointed by the Minister : and 
 
 (2) The Minister shall appoint a person to act as secre- 
 tary to tlie central committee : and 
 
 mittees m 
 Wale.-
 
 / / 
 
 (3) The powers of the Agricultural Wages Board estab 
 
 lished under the Act of 191 7 shall continue to be 
 exerciseable until such time as the central committee 
 is duly constituted under this section ; and 
 
 (4) Any rate of wages fixed, or order made by the 
 
 Agricultural Wages Board shall continue in force 
 in A\'ales unless and until it is varied or revoked by 
 the central committee, and any permit granted by 
 the said Board to a workman under sub-section (3) 
 of section five of the Act of 191 7 shall, in relation 
 to the employment of that workman in Wales, 
 have effect as if it were granted by the central 
 committee. 
 
 SECTION 7. 
 
 7. Every notice required to be served or given by the Service of 
 Minister under Part IV. of the Act of 191 7, on or to the owner J^'/^'^jy^"'!-^'^ 
 or occupier of any land or any landlord may either be served ^^^^ p^'^ 
 personally on that person or sent by post to or left at his usual auction Act, 
 place of abode in the United Kingdom, and in case any person 1917- 
 
 on or to whom any such notice is to be served or given is absent 
 from the United Kingdom and his usual place of abode in the 
 United Kingdom cannot after diligent enquiry be found the 
 notice may be served by sending it by post to or leaving with it 
 any agent ordinarily receiving the rents of the land on behalf of 
 that person or by sending a copy thereof by post to or leaving it 
 with the occupier of the land to which the notice relates for 
 transmission to the owner or landlord, or, if there is no such 
 occupier, by afiixing a copy thereof on some conspicuous part of 
 that land. 
 
 Compare Section 45 of the Act of 190S dealing with the same suliject. 
 
 SECTION 8. 
 
 8. It shall be the duty of each agricultural committee referred Annual 
 
 to in this Act to furnish annually to the Minister full accounts f^^r'^nj^hej by ^ 
 showing the expenditure which has been made by such com- agricultural 
 mittee in the carrying out of the provisions of this Part of this committees. 
 Act, and the Minister shall submit to Parliament the returns 
 made by agricultural committees under this section or a sufficient 
 abstract thereof. 
 
 SECTION 9. 
 
 9. Part IV. of the Act of 191 7 shall, if not in operation at ^^'^J'^o^''*'' 
 the date of the commencement of this Act, come into operation p^^j jv_ ^f
 
 Corn Pro- 
 duction Act, 
 1917. 
 
 -8 k 9 c;eo. 5. 
 c. ;6. 
 
 9 & 10 Geo. 5. 
 c. 95. 
 
 78 
 
 on that date, and the powers continued in operation by sub- 
 section (3) of section eleven of the Act of 191 7 as amended by 
 the Corn Production (Amendment) Act, 191 8, shall, if they have 
 not previously ceased, cease on that date except in relation to 
 any land of which the Minister is on that date in possession by 
 himself or any person deriving title from him, or any land to 
 which on that date sub-section (2) of section thirty of the Land 
 Settlement (Facilities) Act, 1919, applies. 
 
 For general observations on this section, see p. 14, a/i/f. 
 
 Part II. 
 Amendment of Agricultural Holdings Acts. 
 
 SECTION 10. 
 
 Compensation 10. — (i) AVhere the tenancy of a holding terminates after the 
 
 lor disturbance. ccMiimencement of this Act by reason of a notice to c]uit given, 
 
 after the twentieth day of May, nineteen hundred and twenty, (^) 
 
 by the landlord, and in consequence of such notice the tenant 
 
 quits the holding, then, unless the tenant — 
 
 {a) was not at the date of the notice cultivating the holding 
 according to the rules of good husbandry : or 
 
 (/') had, at the date of the notice, failed to comply within 
 a reasonable time(-) with any notice in writing by the 
 landlord served on him requiring him to pay any rent 
 due in respect of the holding or to remedy any breach 
 being a breach which was capable of being remedied 
 of any term or condition of the tenancy consistent with 
 good husbandry ; or 
 
 ((•) had, at the date of the notice, materially prejudiced the 
 interests of the landlord by committing a breach which 
 was not capable of being remedied of any term or con- 
 dition of the tenancy consistent with good husbandry : or 
 
 i^d) was at the date of the notice a person who had become 
 bankrupt or compounded with his creditors ; or 
 
 (c) has, after the commencement of this Act, refused, or 
 within a reasonable time failed, to agree to a demand 
 made to him in writing by the landlord for arl)itration 
 as to the rent to be paid for the holding as from the 
 next ensuing date at which the tenancy could have been 
 terminated by notice to quit given by the landlord at the 
 date of the said demand (■^) ; or 
 
 (/) had, at the date of the notice, unreasonably refused, 
 or within a reasonable time failed, to comply with
 
 79 
 
 a demand made to him in writing b)- the landlord 
 requiring him to execute at the expense of the land- 
 lord an agreement setting out the existing terms of the 
 tenancy ; 
 and, in the case of a notice to quit given after the commencement 
 of this Act, unless the notice to quit states that it is given for one 
 n- more of the reasons aforesaid, (^) compensation for the dis- 
 turbance shall be payable by the landlord to the tenant in accord- 
 ance with the provisions of this section : ("') 
 
 Provided that compensation shall not be payable under this 
 section in any case where the landlord has made to the tenant 
 an offer in writing to withdraw the notice to quit and the tenant 
 has unreasonably refused or failed to accept the offer. ('') 
 
 (2) The landlord of a holding may at any time apply to the 
 agricultural committee for the area in which the holding is situate 
 for a certificate that the tenant is not cultivating the holding 
 according to the rules of good husbandry, and, on any such appli- 
 cation being made, the committee, after giving to the landlord and 
 the tenant or their respective representatives an opportunity of 
 being heard, shall, as they think proper, either grant or refuse the 
 certificate within one month after the date of the application. 
 
 The landlord or tenant may, within seven days after the noti- 
 fication to him of the refusal or grant by the committee of a 
 certificate, require the question as to whether the holding is being 
 cultivated according to the rules of good husbandry to be referred 
 to an arbitrator, who may grant a certificate for the purpose of this 
 sub-section or revoke the certificate granted by the committee, and 
 the award of the arbitrator shall be given within twenty-eight days 
 of the date on which the matter is referred to him. 
 
 Subject to any such appeal, a certificate granted under this 
 sub-section shall be conclusive evidence that the holding is not 
 being cultivated according to the rules of good husbandry. 
 
 In the case of a holding situate in a county borough for which 
 an agricultural committee has not been appointed (') this sub- 
 section shall have effect with the substitution of the Minister for 
 an agricultural committee. 
 
 (3) Where, after the commencement of this Act, the landlord 
 of a holding refuses, or within a reasonable time fails to agree to, a 
 demand made to him in writing by the tenant for arbitration as 
 to the rent to be paid for the holding as from the next ensuing 
 date at which the tenancy could have been terminated by notice 
 to quit given by the tenant at the date of the said demand (^), 
 and by reason of the refusal or failure the tenant exercises his 
 power of -terminating the tenancy by a notice stating that it is 
 given for that reason, the tenant shall be entitled to compensation 
 in the same manner as if the tenancy had been terminated by 
 notice to quit given by the landlord. Provided that such com-
 
 So 
 
 pensation shall not be payable if the circumstances are such that 
 a notice to quit could have been given by the landlord for any of 
 the reasons mentioned in paragraphs (a), {b), or {c) of sub- 
 section (i) of this section. 
 
 (4) The provisions of this section relating to demands for 
 arbitration as to the rent to be paid for a holding shall not apply 
 where the demand, if made later than six months after the com- 
 mencement of this Act, is so made that the increase or reduction 
 of the rent would take effect at some time before the expiration 
 of two years from the commencement of the tenancy of the hold- 
 ing or from the date on which a previous increase or reduction of 
 the rent took effect. 
 
 (5) An arbitrator, in determining for the purposes of this 
 section what rent is properly payable in respect of a holding, 
 shall not take into account any increase in the rental value 
 which is due to improvements which have been executed thereon 
 so far as they were executed wholly or partly by and at the 
 expense of the tenant without any equivalent allowance or benefit 
 made or given by the landlord in consideration of their execution 
 and have not been executed by him under an obligation imposed 
 by the terms of his contract of tenancy, or fix the rent at a higher 
 amount than would have been properly payable if those improve- 
 ments had not been so executed, and shall not fix the rent at a 
 lower amount by reason of any dilapidation or deterioration of 
 land or buildings made or permitted by the tenant. 
 
 (6) The compensation payable under this section shall be a 
 sum representing such loss or expense directly attributable to 
 the quitting of the holding as the tenant may unavoidably incur 
 upon or in connection with the sale or removal of his household 
 goods, implements of husbandry, fixtures, farm produce or farm 
 stock on or used in connection with the holding, and shall include 
 any expenses reasonably incurred by him in the preparation of 
 his claim for compensation (not being costs of an arbitration to 
 determine the amount of the compensation), but for the avoidance 
 of disputes such sum shall, for the purposes of this Act, be com- 
 puted at an amount equal to one year's rent of the holding, unless 
 it is proved that the loss and expenses so incurred exceed an 
 amount equal to one year's rent of the holding, in which case the 
 sum recoverable shall be such as represents the whole loss and 
 expenses so incurred up to a maximum amount equal to two 
 years' rent of the holding. 
 
 (7) Compensation shall not be payable under this section — • 
 
 (a) in respect of the sale of any goods, implements, fixtures, 
 produce or stock unless the tenant has before the sale 
 given the landlord a reasonable opportunity of making a 
 valuation thereof ; (•^) or
 
 8 1 
 
 {i>) unless the tenant has, ncjt less than one month before the 
 termination of the tenancy, given notice in writing to the 
 landlord of his intention to make a claim for compensa- 
 tion under this section : (^") or 
 
 (c) where the tenant with whom the contract of tenancy was 
 made has died within three months before the date of 
 the notice to quit ; or 
 
 {d) if in a case in which the tenant under section twenty- 
 three of the Act of 1908 accepts a notice to (juit part of 
 his holding as a notice to (juit the entire holding, the 
 part of the holding affected by the notice given by the 
 landlord, together with any other part of the holding 
 affected by any previous notice given under that section 
 by the landlord to the tenant, is less than one-fourth 
 part of the original holding, or the holding as proposed 
 to be diminished is reasonably capable of being cultivated 
 as a separate holding, except compensation in respect of 
 the part of the holding to which the notice to quit 
 related ; or 
 
 {e) where the holding was let to the tenant by a corporation 
 carrying on a railway, dock, canal, water, or other 
 undertaking, or by a government department or a local 
 authority, and possession of the holding is required by 
 the corporation, department, or authority for the purpose 
 (not being the use of the land for agriculture) for which 
 it was acquired by the corporation, department, or 
 authority, or appropriated under any statutory pro- 
 vision ; or 
 
 (/) in the case of a permanent pasture which the landlord 
 has been in the habit of letting annually for seasonal 
 grazing, and which has since the fourth day of August 
 nineteen hundred and fourteen and before the com- 
 mencement of this Act been let to a tenant for a 
 definite and limited period for cultivation as arable 
 land, on the condition that the tenant shall, along 
 with the last or waygoing crop, sow permanent grass 
 seeds ; or 
 
 {g) where a written contract of tenancy has been entered 
 into (whether before or after the commencement of this 
 Act) for the letting by the landlord to the tenant of a 
 holding, which at the time of the creation of the tenancy 
 had then been for a period of not less than twelve 
 months in the occupation of the landlord, upon the 
 express terms that if the landlord desires to resume that 
 occupation before the expiration of a specified term not 
 exceeding seven years the landlord should be entitled to
 
 82 
 
 give notice to quit without becoming liable to pa}- to the 
 tenant any compensation for disturbance, and the land- 
 lord desires to resume occupation within the specified 
 period, and such notice to quit has been given accord- 
 ingl)-. 
 
 (8) In any case where a tenant holds two or more holdings, 
 whether from the same landlord or different landlords, and receives 
 notice to quit one or more but not all of the holdings, the com- 
 pensation for disturbance in respect of the holding or holdings 
 shall be reduced by such amount as is shown to the satisfaction of 
 the arbitrator to represent the reduction (if any) of the loss 
 attributable to the notice to quit by reason of the continuance in 
 possession by the tenant of the other holding or holdings. 
 
 (9) The landlord shall, on an application made in writing 
 after the commencement of this Act by the tenant of a holding to 
 whom a notice to quit has been given which does not state the 
 reasons for which it is given, furnish to the tenant within twenty- 
 eight days after the receipt of the application a statement in 
 writing of the reasons for the giving of the notice, and, if he fails 
 unreasonably so to do, compensation shall be payable under this 
 section as if the notice to quit had not been given for a reason 
 specified in sub-section (i) of this section. 
 
 (10) If any question arises as to whether compensation is 
 payable under this section or as to the amount payable by way 
 of compensation under this section, the question shall, in default 
 of agreement, be determined by arbitration under the Act of 
 1908. 
 
 (11) The expression "holding" in this section shall not 
 include any land which forms part of any park, garden, or pleasure 
 ground attached to and usually occupied with the mansion-house, 
 or any land adjoining the mansion-house which is required for its 
 protection or amenity, and the compensation for disturbance pay- 
 able in respect of a notice to quit given in respect of any such 
 land shall be such compensation (if any) as would have been pay- 
 able under section 11 of the Act of 1908 if this Act had not been 
 passed. 
 
 (12) Compensation payable under this section shall be in 
 addition to any compensation to which the tenant may be entitled 
 in respect of improvements, and shall be recoverable in the same ' 
 manner as such compensation (^^) and be payable notwithstanding 
 any agreement to the contrary. 
 
 For general observations on Section 10, see p. 15 ct seq. ante. 
 
 (') The 20th May, 1920, was the dale of the introduction of the Bill for 
 the present Act. 
 
 (-) " a reasonahle time." This expression, where used in this section, 
 would have to be construed by tlie arbitrator according to the facts of the par-
 
 83 
 
 liciilar case. The present provision contemplates that some reasonable time 
 sliould be allowed after service of the notice referred to, although the rent may 
 be already overdue under the provisions of the tenancy agreement. 
 
 O " the next ensuing date at which the tenancy could liave been 
 " terminated by notice to quit given l)y the landlord at the date of tlie said 
 " demand." This does not shorten the period of the notice required according 
 to the facts of the particular case. If in the case (jf a Micliaelmas tenancy the 
 demand is made in Octcjljer, 1921, the next ensuing date will beat Micliaelmas, 
 1923 ; z'lWt' similar words in Sub-section (3). 
 
 (*) Note that it is (jnly when one or more of the reasons s])ecified in («) 
 to ( /") above are relied upon that the notice must specify reasons. The dis- 
 entitling paragraphs (a) to {o-) of Sub-section (7) will take effect in a proper case, 
 although not so specified in the notice. 
 
 (^) Note that in every case, save those s]jecially excej-jted here and in Sub- 
 section (7), compensation will be payable. A peculiar and probably uninten- 
 tional result of this method of framing the ])rovision is that a tenant who has 
 a holding under an existing agricultural tenancy for a term of two years or 
 upwards, and who has sublet on a yearly tenancy and gives notice to his sub- 
 tenant in order to be able to deliver up possession at the end of the ex- 
 piration of his ov^n lease will be liable to pay his sub-tenant compensation for 
 disturbance under this section, although his own landlord will not be liable, as 
 his existing tenancy will be saved l)y Section 13 (3). 
 
 C) No date is specified as the latest date when a notice to quit may be so 
 withdrawn. Whenever withdrawn it w\\\ be for an arbitrator to decide whether 
 the tenant has " unreasonably "' refused or failed to accept the offer. The date 
 when it was made will naturally be an important factor for his consideration. 
 
 (') A county borough may, but is not under an obligation to, appoint an 
 agricultural committee ; 7'/(ie Ministry- (jf Agriculture and Fisheries Act, 1917, 
 Section 7(1). 
 
 (*) .See note (''), supra. 
 
 (•') In default of the " reas(jnable opportunity," no compensation for dis- 
 turbance '■ in res])ect of ilie sale of any goods," «;^:c., can be claimed. It has 
 been pointed out elsewhere (see p. 27) that owing to the terms of Sub-sec- 
 tion (6) no arbitration will be necessary in ordinary cases. In any case, 
 however, to which paragraph {a) applies, an arbitration will be necessary in 
 order to sub-divide the compensation so as to leave out of calculation the 
 items here excepted. 
 
 ('") Note that paragraph (d) of the proviso to Section 1 1 of the Act of 190S, 
 which provided that no compensation for disturbance should be payable if the 
 claim for comnensation were not made within three months after the lime the 
 tenant quits the holding has not been repeated in the present section. No 
 time is limited for the making of the claim ; but see paragraph (/') above as to 
 the time for giving notice of intention to make a claim. 
 
 (") " In the same manner as such compensation," i.e., as ]iro\ ided in 
 Section 14 of the Act of 1908, which not only applies to arljitration awards, 
 but also to cases where the parties have come to an agreement without arbitra- 
 tion. If the sum due by a landlord or a tenant of a holding is not paid, within I 
 14 days after the due date it is recoverable in the county court either — 
 
 (i) By execution ; »-> ' *''*^ 
 
 (2) By commitment to prison under the Debtors Act, 1S89, for a term not 
 
 exceeding six weeks ; or 
 
 (3) By attachment of debts due to the debtor fn'im third parties under a 
 
 garnishee order ; 
 
 except where the landlord is a trustee, wliere it bec<jmes a charge on and 
 recoverable against llie liolding only, under Section 35 of the Act c)f igo8.
 
 84 
 
 Compensa- 
 tion for dis- 
 turbance in 
 case of allot- 
 ment gardens. 
 
 8 Edw. 7. 
 c. ^6. 
 
 50 & 51 Vict, 
 c. 26. 
 
 SECTION 11. 
 
 11, — (i) The provisions of this Act as to compensation for 
 disturbance in the case of a holding shall apply with the necessary 
 modifications in the case of an allotment garden, but subject to 
 the provisions of this section. 
 
 (2) Where the tenancy of an occupier of an allotment 
 garden is terminated by reason of a notice to quit which is less 
 than one year's notice, the compensation shall be either such an 
 amount as is payable under the provisions applied by this section 
 or such an amount as represents the benefits which would have 
 accrued to the occupier from the occupation of the allotment 
 garden on the terms of the expired tenancy during the period 
 between the date of the expiration of the tenancy and the end 
 of one year from the date on which the notice to quit was given, 
 whichever amount is greater : 
 
 Provided that this sub-section shall not apply where posses- 
 sion of the land is reasonably required for naval, military, or air 
 force purposes or for building, mining, or other industrial pur- 
 poses, or for roads necessary in connection with any of those 
 purposes. 
 
 (3) Compensation under this section shall not be payable in 
 the case of an allotment garden provided by a local authority for 
 the purposes of the Small Holdings and Allotments Act, 1908, 
 where the occupier is resident more than one mile out of the 
 district of the local authority. 
 
 (4) Any question as to whether compensation is payable 
 uiider this section, or as to the amount payable, shall be deter- 
 mined under and in accordance with the provisions of the 
 Allotments and Cottage Gardens (Compensation for Crops) Act, 
 1 887, in the same manner as the amount of compensation for 
 crops or other matters is determined under that Act (^), and the 
 compensation under this section shall be in addition to any 
 compensation payable under that Act. 
 
 (5) So much of the last-mentioned x\ct as provides that that 
 Act shall not extend to the Metropolis is hereby repealed as 
 respects any tenancy which terminates after the commencement 
 of this Act. 
 
 For general observations on this section see p. 32. 
 
 (')The following are the relevant provisions of the Allotments and Cottage 
 Gardens (Compensation for Crops) Act, 18S7, applied for the purposes of 
 this section : — 
 
 " 7. The landlord and tenant may agree upon the amount and time of 
 payment of compensation to be paid under this Act. If in any case they 
 do not agree, the difference shall be settled by an arbitrator. 
 
 " 8. If the landlord and tenant concur, they may within twenty-eight 
 days after the determination of the tenancy jointly appoint sucli arln-
 
 c\S 
 
 trator. If they do not ciiiciir, such aihilratdi' shall he apnoinled in the 
 following manner : — 
 
 (i) The landlord and tenant or either of them may appl)- personally 
 or in writing to the justices of the peace, acting for the petty 
 sessional division in which tiie holding is situated, in petty 
 sessions, and such justices shall upon the receipt of the applica- 
 tion appoint one of their number not being interested in the 
 holding, or other competent person n^)t being interested as 
 aforesaid, to act as such arbitrator ; 
 
 (2) If before award the person so appcjinted (hes or becomes 
 incapable of acting, or for seven days after his appointment 
 fails to act, the justices shall appoint in manner aforesaid 
 another arbitrator. 
 
 " 9. The justices shall in all cases in which it is practicable obtain the 
 consent of the arbitrator to act without remuneration, and in anv case in 
 which it is impracticable to obtain such consent they shall direct that the 
 arbitrator shall be paid such nwderate sum as they consider \\'ill reason- 
 ably remunerate him for his time and expenses. 
 
 " 10. The arbitrator shall proceed to determine any difference referred 
 to him under this Act within seven days after his appointment." 
 
 on holdings 
 umier Act 
 of 1-908. 
 
 SECTION 12. 
 
 12. Where the occupation of a dwelling-house (including a Application of 
 garden attached thereto) forming part of a holding to which the Act to cottage 
 Act of 1908 applies has been allowed by the tenant of the 
 holding to a workman employed by ?iim in agriculture on the 
 holding, whetht-r the occupation is under a contract of tenanc\- 
 or not, and the occupation is terminated on account of the 
 termination by the tenant of the holding of the employment of 
 the workman, the provisions of the section of this Part of this 
 Act relating to compensation for disturbance shall (subject as 
 hereinafter provided and so far as the same are capable of 
 application) apply as if the dwelling-house (including a gardei: 
 attached thereto) were a holding and, where there is no contract 
 of tenancy, as if the person allowing the dwelling-house to be 
 so occupied were the landlord and the workman were the tenant, 
 and the notice to terminate the occupation were a notice to quit : 
 
 Provided that — 
 
 (i ) compensation shall not be pavable under this section 
 if— 
 
 {a) the notice to terminate the occupation is given 
 before the expiration of six weeks from the com- 
 mencement of the occupation ; or 
 
 {/>) the tenant of the holding has, before giving the 
 notice, obtained from the district wages committee, 
 or a sub-comniittee to which power in that behalf 
 has been delegated by the committee, a certificate 
 that the termination of the occupation is necessary 
 or expedient to enable the holding to be worked 
 properly or to better advantage ; or
 
 86 
 
 (c) the employment of tlie workman is for a year or 
 
 half-year, and the occu})ation is terminated at the 
 end of such period ; or 
 
 (d) the workman does not cease to occupy the dwelling- 
 
 house on the expiration of the notice to terminate 
 his occupation thereof or on the expiration of a 
 period of two months from the date w^hen the 
 notice was given whichever is the later ; or 
 
 (e) the notice is given by reason of the employment of 
 
 the workman having been termmated on account 
 of his misconduct, and such reason shall be 
 substituted for the reasons specified in sub- 
 section ( i) of the said section : and 
 
 (2) for the purpose of compensation the year's rent of the 
 
 dwelling-house shall be taken to be a sum equal to 
 fifty-two times the maximum weekly value (not 
 exceeding in any case three shillings) of the benefit of 
 the provision of a cottage free from rent and rates as 
 determined for the district under the provisions of the 
 Act of 191 7 ; and 
 
 (3) sub-sections (2) and (3) and paragraph (/v) of sub- 
 section (7) of the said section shall not apply : and 
 
 (4) any question as to whether compensation is payable 
 
 under this section or as to the amount payable shall, on 
 the application of the tenant or workman, be deter- 
 mined by the district wages committee or a sub- 
 committee to which power in that behalf has been 
 delegated by the committee, and the committee or 
 sub-committee may, in any case in which it appears to 
 them to be just, direct the payment by the tenant to 
 the workman of a sum in respect of his expenses of 
 appearing before them, and any sum so directed to be 
 paid shall be recoverable summarily by the tenant (^) as 
 a civil debt : 
 
 Provided also that, where under paragraph (/') of this section 
 the tenant of a holding seeks to obtain a certificate from the 
 district wages committee or a sub-committee of that committee, 
 the workman shall be entitled to appear before the district wages 
 committee or the subcommittee, as the case may be, and shall, 
 in the event of the certificate l^eing refused, also be entitled to 
 recover from the tenant such sum as the ccjmmittee, or sub- 
 committee, may direct in respect of any expenses incurred by 
 him in appearing before them. 
 
 Fur general observations upon this seclion, see p. 34. 
 
 Cj The word " tenant " is apparently a mistake for " workman."
 
 87 
 
 SECTION 13. 
 
 13. — (i) In the case of a tenancy of a holding for a term of Extension 
 two years or upwards, the tenancy shall not terminate on the t-enancK 
 expiration of the term for which it was granted unless not less for a term 
 than one year nor more than two years before the date fixed for of years. 
 the expiration of the term a written notice has been given by 
 either party to the other of his intention to terminate the tenancy, 
 and any notice so given shall be deemed to be a notice to quit 
 for the purposes of the Act of 1908 and this Act. 
 
 (2) If no such notice is given the tenancy shall, as from the 
 expiration of the term for which it was granted, continue as a 
 tenancy from year to year, but otherwise so far as applicable on 
 the terms of the original tenancy. 
 
 (3) This section shall not apply to any tenancy granted, or 
 agreed to be granted, before the commencement of this Act. 
 
 (4) In any case to which this section shall apply, it shall 
 apply notwithstanding any agreement to the contrary. 
 
 P^or general ol).servations upon ihis section, sec p. 30. 
 
 SECTION 14. 
 
 14. ^Vhere the tenancy of a holding determines in the cir- 
 cumstances mentioned in section one of the Landlord and 
 Tenant Act, 1851,0 the tenant shall, instead of continuing in 
 occupation as provided by that section until the expiration of the 
 then current year of his tenancy, contiime in occupation until the 
 occupation is determined by a twelve months" notice to quit 
 expiring at the end of a year of the tenancy. 
 
 For general observations upon this section, see p. 53. 
 
 (') Section i of the Landlord and Tenant Act, 1851, is as follows : — 
 
 " I. 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, instead of 
 claims to emblements, the tenant shall continue to hold and occupy such 
 farm or lands until the expiration of the then current year of his tenancy, and 
 shall then quit, upon the terms of his lease or holding, in the same manner 
 as if such lease or tenancy were then determined by efHuxion of time or 
 other lawful means during the continuance of his landlords estate ; and 
 the succeeding landlord or owner shall be entitled to recover and receive 
 of the tenant, in the same manner as his predecessor or such tenant's 
 lessor could have done if he had been living or had continued the land- 
 lord or lessor, a fair proportion of the rent for the period which may have 
 elapsed from the day of the death or cesser of the estate of such pre- 
 decessor or lessor to the time of the tenant so quitting ; and the 
 succeeding landlord or owner and the tenant respectively shall, as 
 between themselves and as against each other, be entitled to all the 
 benefits and advantages, and be subject to the terms, conditions, and 
 restrictions, to which the preceding landlord, or lessor, and such tenant, 
 respectively would have been entitled and subject in case the lease or 
 
 Amendment 
 of Landlord 
 and Tenant 
 Act, 1 851. 
 14 & 15 Vict. 
 c. 25.
 
 ss 
 
 tenancy had delerniincd in manner aforesaid at the expiration of such 
 current year : provided, always that no notice to quit shall be necessary 
 (jr refjuired by or from either party to determine any such holding and 
 occupation as aforesaid."' 
 
 .-^mend-ment 
 
 :i law as to 
 improvements. 
 
 SECTION 15. 
 
 15.- (i) Where the landlord of any holding refuses or 
 within a reasonable time fails to consent in manner required by 
 section two of the Act of 1908 to the making of any improve- 
 ment comprised in Part I. of the First Schedule to that Act, 
 (other than the erection, alteration, or enlargement of buildings 
 or an improvement comprised in the Third Schedule to that Act) 
 which is declared by regulation made by the Minister to be an 
 improvement to which this sub-section applies, either absolutely 
 or except upon such terms as the tenant is unwilling to accept, 
 the agricultural committee for the area in which the holding is 
 situate may, on the application of the tenant and after giving the 
 landlord or his representative an opportunity of being heard, 
 direct that the improvement shall be treated for the purposes of 
 the Act of 1 908 as if it were an improvement comprised in 
 Part 11. of the First Scliedule to that Act, and any direction given by 
 the agricultural committee under this sub-section may be given 
 subject to such conditions, if any, for tho protection of the 
 landlord, as the committee think fit : 
 
 Provided that, in considering any such aj)i)lication, the 
 agricultural committee shall have special regard to the estimated 
 cost of the improvement in relation to the rent of the holding. 
 
 A draft of any regulations made under this sub-section shall 
 be laid before each Flouse of Parliament for not less than thirty 
 days during which that House is sitting, and, if either House 
 before the expiration of that period presents an address to His 
 JMajesty against the draft or any part thereof, no further pro- 
 ceedings shall be taken thereon, but without prejudice to the 
 making of any new draft regulation. 
 
 (2) The Minister may by regulation substitute such per- 
 centages or period as he thinks fit for the percentages and period 
 mentioned in sub-section (3) of section three of the Act of 190S, 
 having due regard to the current rates of interest. 
 
 (3) Subject to the provisions of this section, where a tenant 
 desires to make on his holding or any part of his holding any 
 improvement comprised in the Third Schedule to the Act of 1908 
 and the landlord refuses, or within a reasonable time fails, to 
 agree in writing that the holdiiig or that part of the holding shall 
 be treated as a market garden, the agricultural committee for the 
 area in which the holding is situate may, on the application of the 
 tenant and after hearing the landlord or his representative, and 
 after being satisfied that the holding or part of the holding is
 
 89 
 
 suitable for the purposes of market gardening, direct that section 
 forty-two of the Act of 1908 shall, either in respect of all the 
 improvements comprised in the said Third Schedule or in respect 
 of some only of those iuprovements, apply to the holding or to 
 that part thereof, and the said section shall apply accordingly as 
 respects any improvements executed after the date on which 
 the direction is given : 
 
 Provided that nothing in this sub-section shall anthorise the 
 breaking up of meadow land or pasture. 
 
 Any direction given by an agricultural committee under this 
 sub-section shall be subject to such conditions, if any, for the 
 protection of the landlord, as the committee may think fit to 
 attach to the direction, and, where any such direction is given, 
 the following provisions shall have effect : — 
 
 ((7) If the tenancy is terminated by notice to quit given by 
 the tenant or by reason of the tenant becoming bank- 
 rupt or compounding with his creditors, the tenant 
 shall not be entitled to compensation in respect of any 
 such improvements as are specified in the direction 
 unless the tenant not later than one month after the 
 date on which the notice to quit is given or the date of 
 the bankruptcy or composition, as the case may be, or 
 such later date as may be agreed, produces to the land- 
 lord an offer in writing by a substantial and otherwise 
 suitable person (being an offer which is to hold good for 
 a period of three months from the date on which it is 
 produced), to accept a tenancy of the holding from the 
 termination of the existing tenancy thereof, and on the 
 terms and conditions of that tenancy so far as appli- 
 cable, and, subject as hereinafter provided, to pay to the 
 outgoing tenant all compensation payable under the Act 
 of 1908, or under the contract of tenancy, and the land- 
 lord fails to accept the offer within three months after 
 the production thereof : and 
 (/') If the landlord accepts any such offer, the incoming 
 tenant shall pay to the landlord on demand all sums 
 payable to him by the outgoing tenant on the termi- 
 naiion of the tenancy in respect of rent or breach of 
 contract or otherwise in respect of the holding, and any 
 amount so paid may, subject to any agreement between 
 the outgoing tenant and incoming ten«nt, be deducted 
 by he incoming tenant from any compensation payable 
 by him to the outgoing tenant : and 
 {c) If the direction relates to part only of the holding, the 
 direction may, on the application of the landlord, be 
 given subject'to the condition that the tenant shall con- 
 sent to the division of the holding into two parts (one
 
 go 
 
 such part being the part to which the direction relates 
 to be held at rents agreed by the landlord and tenant 
 or in default of agreement settled by the committee, but 
 otherwise on the same terms and conditions as the 
 original holdings, so far as applicable. 
 
 (4) A new tenancy created by the acceptance of a tenant in 
 accordance with the provisions of this section on the terms and 
 conditions of the existing tenancy shall not be deemed to be a 
 new tenancy for the purposes of the provisions of this Act 
 relating to demands for arbitration as to rent. 
 
 (5) The powers under this section of an agricultural com 
 mittee may, in the case of a holding situate in a county borough 
 for which an agricultural committee has not been appointed, be 
 exercised by the Minister. 
 
 (6) In the exercise of their powers under this section the agri- 
 cultural committee and the Minister shall have regard to the 
 likelihood of the land being required for any purpose other than 
 agriculture. 
 
 (7) If in any case a landlord or tenant by notice, in writing 
 given to the other party shall so require, the powers which under 
 this section may be exercised by a committee shall in that case 
 be exercised by an arbitrator appointed and acting under and in 
 accordance with the provisions of the Act of 1908. 
 
 ]-'or i^cntral i)liser\'alions on ihis sectioii. scl^ p. 36. 
 
 SECTION 16. 
 
 Compensaiitn 16. — (i) ^Vhere a tenant who 'juits a hokiing after the coni- 
 
 fer continuous mencement of this Act on so quitting proves to the satisfaction 
 sTCcial'stan- °^ ^^ arbitrator appointed under the Act of 1908 that the value 
 dard or system of the holding to an incoming tenant has been increased during 
 of krming. the tenancy by the continuous adoption of a standard of farming 
 
 or a system of farming which has been more beneficial to the 
 holding than the standard or system (if any) required by the 
 contract of tenancy, (') the arbitrator shall award to the tenant 
 such compensation as in his opinion represents the value to an 
 incoming tenant of the adoption of that standard or system : 
 Provided that — 
 
 ((?) This section shall not apply in any case unless a record 
 of the condition of the holding has been made under 
 the Act of 1908 or in respect of any matter arising 
 before the date of the record so made ; and 
 
 (/') Compensation shall not be payable under this section 
 unless the tenant has, before the termination of the 
 tenancy, given notice in writing to the landlord of his 
 intention to claim such compensation ; and
 
 9^ 
 
 (c) The arbilralor in assessing the vukie u.) an incoming 
 tenant shall make due allowance for any compensation 
 agreed or awarded to be paid to the tenant for any 
 improvement specified in the First Schedule to the Act 
 of T90S which has caused or contributed to the benefit. 
 
 (2) Nothing in this section shall entitle a tenant to recover in 
 respect of an improvement specified in the First Schedule or the 
 Third Schedule to the Act of 1 908 any compensation which he 
 would not have been entitled to recover if this section had not 
 been passed. 
 
 (3) The continuous adoption of such a beneficial standard or 
 system of farming as aforesaid shall be treated as an improvement 
 for the purposes of the provisions of this Act relating to the 
 determination of the rent properly payable in respect of a holding. 
 
 For general uhseivations upon ihis section, see p. 45. 
 
 (') " required by tlie contract of tenancy." Section 33 (7) provides tliat 
 references to the terms, conditions, or requirements of a ctintract of tenancy 
 shall be construed as including references to any obligations, conditions, or 
 liabilities, implied by the custom of the country in respect of the holding. 
 In a case where the contract of tenancy requires no " standard or system," 
 and there is no custom of the counlr_\-, the pro\isions of this section would 
 apparently be inapplicable. 
 
 SECTION 17. 
 
 holding is 
 ilivided. 
 
 17. — (i) Where a holding has become vested in more than Determination 
 one person in several parts and the rent payable by the tenant of of claims for 
 the holding has not been apportioned with his con.sent or under ^ompensation 
 any statute, the tenant shall be entitled to recjun-e that any 
 compensation payable to him under the Act of 1908 shall be 
 determined as if the holding had not been divided, and the 
 arbitrator shall, where necessary, apportion the amount awarded 
 between the persons who for the purposes of the Act of 1908 
 together constitute the landlord of the holding, and any additional 
 costs of the award caused by the apportionment shall be directed 
 by the arbitrator to be paid by those persons in such proportions 
 as he shall determine. 
 
 (2) This section shall not ap])ly in the case of a tenancy 
 which terininates before the commencement of this Act. 
 
 SECTION 18. 
 
 IS. — (1) Any question or difference arising out of an_\- claim 
 by the tenant of a holding against the landlord fcjr compensation 
 payable under the Act of 1908 or for any sums claimed to be due 
 to the tenant from the landlord for any breach of contract or 
 otherwise in the respect of the holding, or out of any claim by 
 the landlord against the tenant for waste wronuh' committed or 
 
 Arbitration 
 on quitting 
 holding.
 
 92 
 
 Compensation 
 to landlord for 
 deierioration 
 of holding. 
 
 permitted by the tenant or for any breach of contract or otherwise 
 in respect of the holding, and any other question or difference of 
 any kind whatsoever between the landlord and the tenant of the 
 holding arising out of the termination of the tenancy of the 
 holding or arising, whether during the tenancy or on the termina- 
 tion thereof, as to the construction of the contract of tenancy 
 shall be determined by arbitration under the Act of 1908. 
 
 (2) Any such claim as is mentioned in this section shall 
 cease to be enforceable after the expiration of two months from 
 the termination of the tenancy unless particulars thereof have 
 been given by the landlord to the tenant or by the tenant to the 
 landlord, as the case may be, before the expiration of that period : 
 
 Provided that, where a tenant lawfully remains in occupation 
 of part of a holding after the termination of the tenancy, par- 
 ticulars of a claim relating to that part of the holding may be 
 given within two months from the termination of the occupation. 
 
 (3) This section shall not apply in the case of a tenancy 
 which terminates before the commencement of this Act. 
 
 For general nhservalions ujion iliis section, see p. 48. 
 
 SECTION 19. 
 
 19. Where a landlord proves, to the satisfaction of an arbi- 
 trator appointed under the Act of 1908, on the termination of the 
 tenancy of a holding, that the value of the holding has been 
 deteriorated during the tenancy by the failure of the tenant to 
 cultivate the holding according to the rules of good husbandry or 
 the terms of the contract of tenancy, the arbitrator shall award to 
 the landlord such compensation as in his opinion represents the 
 deterioration of the holding due to such failure : 
 
 Provided that compensation shall not be payable under this 
 section unless the landlord has, before termination of the tenancy, 
 given notice in writing to the tenant of his intention to claim 
 such compensation : 
 
 Provided also that nothing in this section shall prevent a land- 
 lord from claiming compensution for dilapidations or for the 
 deterioration of the holding under the contract of tenancv. 
 
 For general observations upon this section, see p. 47. 
 
 Pr&\'isions for 
 expediting 
 and reducing 
 costs of 
 
 f.rbitrations. 
 
 SECTION 20. 
 
 20. — (i) Subject as hereinafter provided, the Minister may 
 
 by rules make such provision (not being inconsistent with the 
 rules contained in the Second Schedule to the Act of 1908) as 
 he thinks desirable for expediting, or reducing the costs of, 
 proceedings on arbitrations under the Act of 1908.
 
 93 
 
 (2) On ;ui arl)itrati()n under the Act of 190S the arbitrator^ 
 
 ((0 shall state separately in his award the amounts awarded 
 in respect of the several claims referred to him ; and 
 
 (/>) may, if he thinks fits, make an interim award for the 
 payment of any sum on account of the sum to be 
 finally awarded. 
 
 (3) A rule made under this section shall be laid before each 
 House of Parliament forthwith, and, if an address is presented 
 to His Majesty by either House of Parliament within the next 
 subsequent thirty days on which that House has sat next after 
 any such rule is laid before it praying that the rule may be 
 annulled, it shall thenceforth be void, but without prejudice to 
 the validity of anything previously done thereunder. 
 
 F(M' ijcneral ohservalion.s upon thir. scclion, sec p. 50. 
 
 muneration. 
 
 SECTION 21. 
 
 rtA ,\,.i ir I ■ t 1 \ Constitution 
 
 21. — (i) buch number of persons as may be appointed by ^f p^nel of 
 
 the Lord Chief Justice of England, shall form a panel of persons arbitrators, 
 
 from whom any arbitrator nominated, otherwise than by agree- and provision 
 
 ment, for the purposes of an arbitration under and in accordance ^s to arbi- 
 
 with the provisions of the Second Schedule to the Act of 1908 ''^^°"' 
 
 shall be selected. 
 
 (2) The remuneration of an arbitrator so nominated as afore- 
 said shall be such amount as is fixed by the Minister, and the 
 remuneration of an arbitrator appointed by the parties to any 
 such arbitration shall, in default of agreement between those 
 parties and the arbitrator, be such amount as on the application 
 of the arbitrator or cither of the parties is fixed by the registrar 
 of the county court, subject to appeal to the judge of the court. 
 
 (3) The remuneration of an arbitrator when agreed or fixed 
 under this section shall be recoverable by the arbitrator as a debt 
 due from either of the parties to the arbitration, and any amount 
 paid in respect of the remuneration of the arbitrator by either of 
 those parties in excess of the amount (if any) directed by the 
 award to be paid by him in respect of the costs of the award 
 shall be recoverable from the other party to the arbitration. 
 
 (4) An arbitrator nominated otherwise than by agreement 
 for an arbitration relating to a holding in Wales shall be a person 
 who possesses a knowledge of Welsh agricultural conditions and, 
 if either party to the arbitration so requires, a knowledge also of 
 the Welsh language. 
 
 ("5) This section shall not apply as respects any arbitrator 
 nominated or appointed before the commencement of this Act. 
 
 For general observations upon this section, see p. 50.
 
 94 
 
 Resumption 
 of part of 
 holding by 
 iamllord. 
 
 SECTION 22. 
 
 22. AVhere after the commencement of this Act the landlord , 
 of a holdhig gives notice, in pursuance of a provision in that 
 behalf contained in the contract of tenancy, of his intention to 
 resume possession of some part of the holding, the provisions of 
 paragraphs (/^) and {c) of section twenty-three of the Act of 190S 
 (but not including the proviso thereto) shall apply as if the notice 
 were such a notice to quit as is mentioned in that section : 
 
 Provided that, in assessing the compensation payable to the 
 tenant and the reduction of rent, the arbitrator shall take into 
 consideration any benefit or relief allowed to the tenant under 
 the contract of tenancy in respect of any land resumed in 
 pursuance of such provision. 
 
 For general oljservations ujjon this section, see p. 53. 
 
 Amendment 
 of Section 40 
 of 8 Edw. 7. 
 c. 28. 
 
 SECTION 23. 
 
 23. — (i ) Section forty of the Act of 1908 shall have effect 
 as though for the words "the powers by this act conferred on a. 
 " landlord (other than that of entering on a holding for the 
 " purpose of viewing the state of the holding)"' and the words 
 " the powers by this Act conferred on a landlord (other than 
 " as aforesaid)"" contained in sub-section (i) and sub-section (2) 
 respectively of the said section there were substituted the words 
 " the powers by this Act conferred on a landlord in respect of 
 " charging land."' f ) 
 
 (2) This section shall apply in relation to any power whether 
 the power has been exercised before or after the commencement 
 of this Act. 
 
 (') Sub-sections (i) and (2) of Section 40 of tlie Act of 1908 as amended 
 by this section will now read as follows, the words excised being within square- 
 brackets and underlined, and those substituted appearing in italics : — 
 
 •• (i) Where lands are assigned or secured as the endowment of a see [ tlie 
 ]:>owers by this Act conferred on a landlord (oth er than that of entering 
 on a holding for the purpose of vi ewing the state of the holding)] 
 the powers by this Act conferred on a landlord in respect of charging 
 land shall not be exercised by the bishop in respect of those lands 
 excejit with the previous approval in writing of the Estates Com- 
 mittee of the Ecclesiastical Commissioners : 
 
 '■ (2) Where a landlord is incumbent of an ecclesiastical benefice [the 
 powers by this Act conferred on a landlord (ot her than as aforesaid)} 
 the fozvers hy this Act confrred on a landlord in respeci of charging 
 land shall not be exercised by him in respect of the glebe land or 
 other land belonging to the benefice except with the previous 
 approval in writing of the patron of the benefice, that is, the person 
 or authority who, in case the benefice were vacant, would be entitled 
 to present thereto or of Queen Anne's Bounty."'
 
 95 
 
 SECTION 24. 
 
 24.— ( 1 ) Where the land comprised in a eontract of tenancy 
 is not a holding within the meaning of the Act of 1908 by reason 
 only of the fact that the land so comprised includes land (herein- 
 after referred to as " the non-statutory land '") which, owing to 
 the nature of the buildings thereon or the use to which it is put, 
 would not, if it had been separately let, be a holding within the 
 meaning of the said Act, the provisions of the said Act relating 
 to compensation for improvements and disturbance shall, unless 
 otherwise agreed in writing, apply to the part of the land exclusive 
 of the non-statutory land as if that part were a separate holding. 
 
 (2) This section shall not apply in relation to a contract of 
 tenancy made before the commencement of this Act. 
 
 For general observations upon this section, see p. 55- 
 
 Extension of 
 meaning of 
 •■ holding."' 
 
 SECTION 25. 
 
 25. Where after the commencement of this Act notice to Prohibition of 
 terminate the tenancy of a holding is given, either by the tenant lemoval of 
 or by the landland, the tenant shall not, subject to any agreement "JJ^^^.'^i'^Jfj^e '' 
 to the contrary, at any time after the date of the notice, sell or [^ terminate 
 remove from the holding any manure or compost, or any hay or the tenancy. 
 straw or roots grown in the last year of the tenancy, unless and 
 until he has given the landlord or incoining tenant a reasonable 
 opportunity of agreeing to purchase on the termination of the 
 tenancy at their fair market value, or at such other value as is 
 provided by the contract of tenancy, the said manure, compost, 
 hay, straw, or roots. 
 
 i-'or general observations upon this section, see p. 56. 
 
 SECTION 26. 
 
 26. If the landlord or tenant of a holding at any time Record of 
 during the tenancy so requires, a record of the condition of the holding, 
 buildings, fences, gates, roads, drains, ditches and cultivation of 
 the holding, and, if so required by the tenant, a record of any 
 existing improvements executed by the tenant or for which the 
 tenant is, under section seven of the Act of 1908, entitled to 
 claim compensation (1) and of any fixtures or buildings which 
 under section twenty-one of that Act the tenant is entitled to 
 ■i-emove (-; shall be made by a person to be appointed in default 
 of agreement by the Minister, and in default of agreement the 
 cost of making any such record shall be borne by the landlord 
 .and tenant in equal shares. 
 
 For general observations upon this section, see p. 57.
 
 96 
 
 (') Seclion 7 of ihe Act of 1908 is as follows : — 
 
 " Right of tenant who has paid coitipensatioii to oiiigoiiii:; tenant. 
 
 " 7- Where an incoming tenant of a holding has, with the consent in 
 writing of his landlord, paid to an outgoing tenant any compensation 
 payable under or in pursuance of this Act in respect of the whole or part 
 of any improvement, the incoming tenant shall be entitled on quitting the 
 holding to claim compensation in respect of the 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 quilted it at the time at 
 which the incoming tenant quits it." 
 
 (-) Under Section 21 of the Act of 1908 a tenant is entitled to remove 
 before or within a reasonable time after the determination of the tenancy and 
 subject to the conditions specified in that section " any engine, machinery, 
 " fencing, or other fixture affixed to a holding by a tenant, and any building 
 " erected by him thereon 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." The section applies to a fixture or building 
 acquired since 31st December, 1900, b}- a tenant in like manner as it applies 
 to a fixture or liuilding aflixed or erected by a tenant, but does not apply to 
 any fixture or building affixed or erected before the 1st January, 1884. 
 
 SECTION 27. 
 
 Amendment 27, Section four of the Act of 1908 (which relates to agree- 
 
 of Section 4 ments as to compensation for improvements comprised in Part III. 
 of the Act of Qf j.jjg First Schedule to that Act) shall, after the commencement 
 
 of this Act, apply only to improvements to which the provisions 
 
 of section forty-two of the Act of 1908 apply or are directed 
 
 under this Act to apply : 
 
 Provided that this section shall not affect the operation of 
 
 any agreement entered into before the commencement of this 
 
 Act. 
 
 For general observations upon this section, see pp. 41 and 44. 
 
 SECTION 28. 
 
 Notices to 28. — (i) Notwithstanding any provision in a contract of 
 
 quit. tenancy to the contrary, a notice to quit a holding shall be 
 
 invalid if it purports to terminate the tenancy before the expira- 
 tion of twelve months from the end of the then current year of 
 tenancy ; but nothing in this section shall extend to a case where 
 a receiving order in bankruptcy is made against the tenant. 
 
 (2) Section twenty-two of the Act of 1908 (which relates to 
 the time of notices to quit), is hereby repealed. 
 
 (3) This section shall not apply to — 
 
 {a) any notice given by or on behalf of the Admiralty, ^\■ar 
 Department, or Air Council under the provisions of 
 any agreement of tenancy where possession of the land 
 is required for naval, military, or air force purposes : or
 
 07 
 
 (/i) any notice given by a corporation carrying on a railway, 
 dock, canal, water, or other undertaking in respect of 
 any land acquired by the corporation for the purposes 
 of their undertaking or by a government department or 
 local authority where possession of the land is required 
 by the corporation, giivernment department or authority 
 for the purpose (not being the use of the land for agri- 
 culture) for which it was acquired by the corporation, 
 department, or authority or appropriated under any 
 statutory provision ; or 
 
 ((■) any notice given in pursuance of a provision in the con- 
 tract of tenancy authorising the resumi)ti()n of possession 
 of the holding or some part thereof for some specified 
 purpose, unless that purpose is the use of the land for 
 agriculture ; or 
 
 {d) any notice given by a tenant to a sub-tenant ; or 
 
 {e) any notice given before the commencement of this Act. 
 
 For gcneiTil observations upon this section, see p. 51. 
 
 SECTION 29. 
 
 29. The amendments in the second column of the First 
 Schedule to this Act (which relate to minor details), shall be 
 made in the provisions of the Agricultural Holdings Act, 1908, 
 and the Agricultural Land Sales (Restriction of Notices to Quit) 
 Act, 191 9, specified in the first column of that schedule. 
 
 For general observations upon this section and the first Schedule, see p. 58. 
 
 ^Tinor 
 
 anienthnents 
 of 8 Fdw. 7. 
 c. 28 and 
 9 & 10 Geo. 5 
 c. 6t,. 
 
 Part ITT. 
 General. 
 
 SECTION 
 
 30. 
 
 30. Any expenses incurred by the Minister in meeting Expenses. 
 payments under Part I. of the Act of 191 7, and any expenses 
 incurred by the Minister or any other department or body under 
 any other provisions of that Act, shall be defrayed out of moneys 
 provided by Parliament. 
 
 SECTION 31. 
 
 31. — (i) Any powers authorised by any Act to be exercised to powers^ by 
 
 by an agricultural committee other than the power conferred by agricuUural 
 
 this section may, unless otherwise expressly provided by that Act, committees, 
 be delegated by a committee to a sub-committee. 
 
 D
 
 (2) No member of an agricultural committee shall take part 
 in any decision of the committee which relates to the land of 
 which he is the owner or occupier, or the agent of the owner or 
 occupier, or to any bargain or contract contemplated or entered 
 into by the agricultural committee in which such member is 
 directly concerned. 
 
 For general observations upon this section, see p. 61. 
 
 SECTION 32. 
 
 Dwelling- _ 32, Notwithstanding any agreement to the contrary, where 
 
 house occupied ^-j^^gj- g^j^y contract of employment of a workman employed in 
 
 Iw workman .,-' ^/., ^-'-,. 
 
 employed in agriculture current at or made after the commencement or this 
 
 agriculture. Act. the provision of a dwelling-house or part of a dwelling-house 
 
 9 Edw. 7. for the occupation of the workman forms part of the remuneration 
 
 ^' 44- of the workman, and the provisions of sections fourteen and 
 
 fifteen of the Housing, Town Planning, &c. Act, 1909 (^), are 
 
 inapplicable by reason only of the house or part of the house not 
 
 being let to the workman, there shall be implied as part of the 
 
 contract of employment and as from the commencement of the 
 
 occupation or of this Act, whichever date is the later, the hke 
 
 conditions as would be implied under those provisions if the house 
 
 or part of the house were so let, and those provisions shall apply 
 
 accordingly as if incorporated in this section with the substitution 
 
 of " employer " for " landlord " and such other modifications as 
 
 may be necessary : 
 
 Provided that this section shall not affect the obligation of 
 any person other than the employer to repair a cottage to which 
 this section applies or any remedy for enforcing any such 
 obligation. 
 
 For general oljservations upon this section, see p. 61. 
 
 (') The following is the text of those parts of Sections 14 and 15 of the 
 Housing, Town lianning. Sec, Act, 1909, wliich are here referred to : — 
 
 " 14. In any contract made after the passing of this Act for letting for 
 habitation a house or part of a house at a rent not exceeding : — 
 
 («) in the case of a house situate in the administrative county of 
 London, forty pounds ; 
 
 (/>) in the case of a house situate in a borough or urban district 
 with a population according to the last census for the time 
 being of fifty thousand or upwards, twenty-six pounds ; 
 
 (r) in the case of a house situate elsewhere, sixteen jiounds ; • 
 
 there shall be implied a condition that the house is at the commencement 
 of the holding in all respects reasonably fit for human habitation, but the 
 condition aforesaid shall not be implied when a house or part of a house 
 is let for a term of not less than three years upon the terms that it be put 
 by the lessee into a condition reasonably fit for occupation, and the lease is 
 not determinable at the option of either party before the expiration of 
 that term.
 
 99 
 
 " 15. — (i) The last foregoing section shall, as respect contracts to which 
 that section applies, take effect as if the condition implied by that section 
 included an undertaking that the house shall, during the holding, be kept 
 by the landlord in all respects reasonably tit for human habitation." 
 
 SECTION SS. 
 
 33. In this Act, unless the context otherwise requires, — Interpretation, 
 
 (1; The expression "the Minister" means the Minister of 
 Agriculture and P'isheries : 
 
 (2) The expression "Wales" shall be deemed to include 
 " Monmouthshire " : 
 
 (3) The expression " agricultural committee " means the 
 
 agricultural committee established for a county or 
 borough under the Ministry of Agriculture and Fisheries 
 
 Act, 191 9, or, where the powers of an agricultural ^^^_ ^ 
 
 committee with respect to the matter in question have 
 been delegated to a sub-committee, that sub-committee : 
 
 (4) The expression " rules of good husbandry " means (due 
 regard being had to the character of the holding) so 
 far as is practicable having regard to its character and 
 position — 
 
 (a) the maintenance of the land (whether arable, 
 meadow, or pasture), clean and in a good state of 
 cultivation and fertility, and in good condition ; and 
 
 {l>) the maintenance and clearing of drains 
 embankments, and ditches ; and 
 
 (c) the maintenance and proper repair of fences, 
 stone walls, gates, and hedges ; and 
 
 (d) the execution of repairs to buildings, being 
 repairs which are necessary for the proper cultivation 
 and working of the land on which they are to be 
 executed ; and 
 
 (f ) such rules of good husbandry as are generally 
 recognised as applying to holdings of the same 
 character and in the same neighbourhood as the 
 holding in respect of which the expression is to be 
 applied : 
 
 Provided that the foregoing definition shall not 
 imply an obligation on the part of any person to 
 maintain or clear drains, embankments, or ditches, if 
 and so far as the execution of the works required is 
 rendered impossible (except at prohibitive or unreason- 
 able expense) by reason of subsidence of any land or 
 
 5. c. 91.
 
 lOO 
 
 the blocking of outfalls which are not under the control 
 of that person, or in its application to land in the 
 occupation of a tenant imply an obligation on the 
 part of the tenant — 
 
 (i.) to maintain or clear drains, embankments, or 
 ditches, or to maintain or properly repair fences, 
 stone walls, gates, or hedges where such work is not 
 required to be done by him under his contract of 
 tenancy ; . or 
 
 (ii.) to execute repairs to buildings which are not 
 required to be executed by him under his contract of 
 tenancy : 
 
 r^^i^y y_ (5) The expression "the Act of 1908" means the Agri- 
 
 c. 28. cultural Holdings Act, 1908, and the expression " the 
 
 Act of 191 7 " means the Corn Production Act, 1917 : 
 
 (6) References to the Act of 1908, or to the Act of 191 7, or 
 to any provision of either of those Acts, shall be 
 construed as referring to that Act or to that provision as 
 amended by any other Act, including this Act : 
 
 (7) References to the terms, conditions, or requirements of 
 a contract of tenancy of or of an agreement relating to 
 a holding shall be construed as including references to 
 any obligations, conditions, or liabilities implied by the 
 custom of the country in respect of the holding. 
 
 For general observations upon the following sub-sections of this section, 
 see the pages set opposite the same respectively : — 
 
 Sub-section (4) (pp. 9 and 20). 
 
 Sub-section (6) (p. 8). 
 
 Sub-section (7) (note {') \.o Section 16, p. 91). 
 
 SECTION 34. 
 
 Application 34. This Act shall apply to Scotland with the following 
 
 to Scotland. modifications : — 
 
 (i) Unless the context otherwise requires — 
 
 (a) The expression " the Minister " (except in 
 the section of this Act relating to the appointment, 
 remuneration, and powers of Commissioners) means 
 the Board of Agriculture for Scotland ; 
 
 (d) A reference to the Land Settlement (Scotland) 
 
 GeV^ c Q7 '^^'•' ^9^9' ^^'^^^ '-^'^ substituted for the reference to 
 
 the Land Settlement (Facilities) Act, 1919 ; and a 
 reference to the Arbitration (Scotland) Act, 1894, 
 
 57 "J^ 5S Vict. ^hcdl be substituted for the reference to the Arbitra- 
 
 c. 1 ;. 
 
 tion Act, 1889 ;
 
 lOI 
 
 (c) A reference to the sheriff shall be substituted 
 for the reference to the county court ; a reference to 
 act of sederunt shall be substituted for the reference 
 to Rules of the Supreme Court ; and a reference to 
 either division of the Court of Session shall be 
 substituted for the reference to the Court of Appeal • 
 
 {d) The expression " agricultural committee " 
 means the body of persons constituted with respect 
 to any area by the Board of Agriculture for Scotland 
 under sub-section (2) of section eleven of the Act 
 ofi9i7; 
 
 (e) The expressions " the Agricultural Holdings 
 Act, 1908," and "the Act of 1908,*' mean the Agricul- g ^^^^ _ 
 tural Holdings (Scotland) Act, 1908, and references c. 64. 
 to sections eleven, twenty-one and forty-two of the 
 first-mentioned Act shall be construed as references 
 to sections ten, twenty and twentj'-nine respectively 
 of the said Agricultural Holdings (Scotland) Act ; 
 
 (/) " High Court " means " Court of Session," 
 "receiver and manager" means "manager," "arbi- 
 trator " means " arbiter," and " costs " include 
 " expenses " : 
 
 (2) The provision requiring that proceedings for an offence 
 shall not be instituted except by the Minister shall not 
 apply : 
 
 (3) In the application of sub-section (4) of the section of 
 this Act relating to compensation for disturbance " five 
 " years " shall be substituted for "two years," and in the 
 application of sub-section (6) of that section the 
 expression "rent" means the rent after deduction of 
 such an amount as the arbiter, failing agreement, may 
 find to be equivalent to the amount (if any) annually 
 payable by the landlord in respect of the holding by 
 way of — 
 
 (a) any public rates, taxes, or assessments which 
 in England are by law a charge on the occupiers of 
 lands ; or 
 
 (d) any public rates or taxes or other public 
 burdens the like whereof are not chargeable on lands 
 in England : 
 
 (4) In sub-section (11) of the section of this Act relating to 
 
 compensation for disturbance, there shall be inserted 
 after the word " amenity " the words " or any permanent 
 " grass park held for the purposes of a business or calling 
 " not primarily agricultural or pastoral, including that of
 
 102 
 
 " butcher, cattle-dealer, and the like," and after the words 
 " any such land," there shall be inserted the words 
 " or grass park " : 
 
 (5) In the application of the section of this Act relating to 
 
 compensation for disturbance in case of allotment 
 
 gardens the expression " allotment garden " means an 
 
 55 & 56 Vict. allotment under the Allotments (Scotland) Act, 1892, 
 
 '^- 54' as amended or applied by any subsequent enactment, 
 
 and a reference to the Small Holdings and Allotments 
 Act, 1908, or to the Allotments and Cottage Gardens 
 (Compensation for Crops) Act, 1887, shall be construed 
 as a reference to the said Act of 1892 as so amended or 
 applied : . 
 
 (6) For references to becoming bankrupt or compounding 
 with creditors, there shall be substituted references to 
 becoming notour bankrupt or executing a trust deed for 
 behoof of creditors : 
 
 (7) The sections of this Act relating to extension of 
 tenancies under leases for a term of years and to notices 
 to quit shall not apply, and in lieu thereof — 
 
 (a) Sub-section (i) of section eighteen of the 
 Act of 1908 shall, in the case of a lease entered into 
 after the passing of this Act have effect as though for 
 the words " three years " there were substituted the 
 words "two years"; and sub-section (2) of the said 
 section shall have effect as if at the end thereof the 
 follots'ing words were added " and in the case of any 
 " lease so renewed the period of notice required to 
 " terminate the tenancy shall, where the notice is 
 " given after the thirty-first day of May, nineteen 
 " hundred and twenty-one, be not less than one year 
 '' nor more than two years " ; 
 
 ^ {b) The provisions of the Sheriff Courts (Scot- 
 
 ^ 1;/^''' land) Act, 1907, relating to removings shall, in the case 
 
 of any holding to which section eighteen of the Act 
 of 1908 applies, have effect subject to the provisions 
 of that section as modified by paragraph {a) of this 
 sub-section : 
 
 (8) In the sections of this Act relating to compensation for 
 disturbance and amendment of law as to improvements, 
 for the words " a county borough " there shall be 
 substituted the words " an area " : 
 
 (9) Section twenty-three of the Agricultural Holdings Act, 
 1908, shall apply to Scotland as if that section had 
 been enacted in Part II. of this Act, with the substitu- 
 
 c. 51.
 
 I03 
 
 tion of small holdings under the Small Landholders 
 (Scotland) Acts, 1886 to 191 9, for small holdings as 
 defined by the Small Holders and Allotments Act, 1907, 7 Edw. 7. 
 and any reference in this Act to the said section c- 54- 
 twenty-three shall be construed as a reference to the 
 said section as so applied : 
 
 (10) The section of this Act relating to amendment of 
 section forty of 8 Edw. 7. c. 28 shall not apply, and in 
 lieu thereof — 
 
 (a) Section twenty-eight of the Act of 1908 shall 
 have effect as if for the words " The powers by this 
 " Act conferred on a landlord (other than that of 
 "entering on a holding for the purpose of viewing 
 "the state of the holding)," there were substituted 
 the words " The powers by this Act conferred on a 
 " landlord in respect of charging the land " ; 
 
 {d) This sub-section shall apply in relation to the 
 exercise of any power whether before or after the 
 commencement of this Act : 
 
 (11) In sub-section (i) of the section of this Act relating to 
 constitution of panel of arbitrators and provision as to 
 arbitrators' remuneration, for the words " the Lord 
 " Chief Justice of England," there shall be substituted 
 the words " the Lord President of the " Court of 
 " Session," and in sub-section (2) of the same section 
 for the words "registrar of the county court," there 
 shall be substituted the words " auditor of the sheriff 
 " court." 
 
 SECTION 35. 
 
 35. This Act shall not apply to Ireland. Act not to 
 
 apply to 
 For general observations, see p. 6^. Ireland. 
 
 SECTION 36. 
 
 36. — (i) This Act shall come into operation on the first Commence- 
 day of January, nineteen hundred and twenty-one. !uiT short' thie. 
 
 (2) Part I. of this Act shall be construed as one with the Act 
 of 191 7 and that Act, and Part I. of this Act may be cited 
 together as the Corn Production Acts, 191 7 and 1920. 
 
 Part II. of this Act shall be construed as one with the Act of 
 1908, and the Agricultural Holdings Acts, 1908 and 1913, and 
 Part II. of this Act may be cited together as the Agricultural 
 Holdings Acts, 1908 to 1920, and the Agricultural Holdings
 
 I04 
 
 (Scotland) Acts, 1908 and 1910, and Part II. of this Act as that 
 Part applies to Scotland may be cited together as the iVgricultural 
 Holdings (Scotland) Acts, 1908 to 1920. 
 
 (3) The enactments mentioned in the Second Schedule to 
 this Act are hereby repealed to the extent specified in the third 
 column of that schedule : (') 
 
 52 & 53 Yici. Provided that (without prejudice to the general application of 
 
 c. 63. section thirty-eight of the Interpretation Act, 1889, with regard 
 
 to the effect of repeals) this repeal shall not prejudice or affect — 
 
 (a) the operation of any notice served, or order made, before 
 the commencement of this Act under the powers con- 
 ferred by Part IV. of the Act of 191 7, or the powers 
 continued in operation by sub-section (3) of section 
 eleven of the Act of 191 7 as amended by the Corn 
 Production (Amendment) Act, 19 18; or 
 
 (d) the rights of the Minister in respect of any land of which 
 possession has been taken under the said powers (-) 
 before the commencement of this Act ; or 
 
 (c) the right of any person to recover compensation in 
 
 respect of anything done or suffered under the said 
 powers whether before or after the commencement of 
 this Act ; or 
 
 (d) the right of any person to require any question arising 
 
 out of any notice served, order made, or possession 
 taken under the said powers before the commencement 
 of this Act to be referred to arbitration. 
 
 (4) This Act may be sited as the Agriculture Act, 1920. 
 
 (') For general observation supon this sub-section and the Second Schedule, 
 see p. 62. 
 
 (*) " the said powers," i.e., the powers under the Defence of the Reahn 
 Regulations. Paragraphs ((5) (c) and (d) of this sub-section all refer to those 
 powers, and their saving effect is confined thereto.
 
 I "5 • 
 SCHEDULES. 
 
 Section 29. 
 
 FIRST SCHEDULE. 
 
 Minor Amendments of Agricultural Holdings Act, 1908. 
 
 Enactment to be 
 Amended. 
 
 Nature of Amendment. 
 
 Section one 
 
 Section five 
 Section fifteen - 
 
 Section t\vent)-three 
 Section thirty-one - 
 First Schedule 
 
 Second Schethile 
 
 In sub-section (i), after the word "Act," where that 
 word first occurs, there shall be inserted the words 
 "and the tenancy was entered upon after the first 
 " day of January, nineteen hundred and twenty-one, 
 " whether the miprovement was or was not an im- 
 " provement which he was required to make by the 
 " terms of his tenancy" ; and in paragraph (a) of 
 sub-section (2) after the word " improvement," 
 there shall be inserted "whether expressly stated in 
 " the contract of tenancy to be so given or allowed 
 " or not " ; and in paragraph (d) of sub-section (2), 
 there shall be inserted after the word " crops," where 
 that word first occurs, the words " grown on and," 
 
 The words " in respect of any improvement comprised 
 " in the First Schedule hereto " shall be omitted. 
 
 In sub-section (i), after the word "hereto," where it 
 first occurs, there shall be inserted the words " or in 
 " respect of compensation for disturbance," and after 
 the word " expended," there shall be inserted the 
 words " and of all costs properly incurred by him in 
 obtaining the charge." 
 
 In paragraph (iii. ) the words "for labourers'" shall be 
 omitted. 
 
 After the word " compensation," there shall be inserted 
 the words "for disturbance or." 
 
 After "(16) Erection of wireworlcs in hop gardens," 
 there shall be inserted : — 
 
 "(i6a) Provision of permanent .sheep-dipping 
 
 accommodation ; 
 " (i6<'') In the case of arable land the removal of 
 bracken, gorse, tree roots, boulders, or other 
 like olxstructions to cultivation." 
 
 And in paragraph (26) there shall be added at end 
 thereof the words "in so far as the value of the 
 " temporary pasture on the holding at the time of 
 " quitting exceeds the value of the temporary pasture 
 " on the holding at the commencement of the tenancy 
 " for which the tenant did not pay compensation." 
 
 In paragraph 10, for the words "sooner than one 
 " month or later than two nKjnths," there shall be 
 substituted the words "later than one month." 
 
 1m )r general observations upon Section 29 and this Schedule, see pp. jt) and 5b.
 
 io6 
 
 Minor Amendment of Agricultural Land Sales (Restric- 
 tion OF Notices to Quit) Act, 191 9. 
 
 Enacliucnl \o lie 
 Amended. 
 
 Section one... 
 
 Nature of Aniendnient. 
 
 After the word " shrJl," where it first occurs, insert "if 
 " the contract for .sale is made hy the person l)y whom 
 " the notice to quit was given." 
 
 In the application of this Schedule to Scotland, the references 
 to sections fifteen and thirty-one of the Agricultural Holdings Act, 
 1908, shall not apply: and sub-section (i) of section thirteen of 
 the Agricultural Holdings (Scotland) Act, 1908, shall be amended 
 by the insertion, after the word " hereto," of the words, " or in 
 " respect of compensation for disturbance " and by the insertion 
 after the words " or any part thereof," wherever occurring, of the 
 words "and of the expense of executing and registering the 
 " same."
 
 lo: 
 
 SECOND SCHEDULE. 
 
 Section 36. 
 
 Enactments Repealed. 
 
 Session and 
 Chapter. 
 
 14 ^; 15 Vict, 
 c. 25 
 
 8 EcUv. 7.C. 28 
 
 8 Edw. 7. c. 64 
 
 10 Edw. 7. iS; 
 I Geo. 5. 
 
 c. 34- 
 4 & 5 Geo. 5. 
 c. 7. 
 
 6 & 7 Geo. 5. 
 
 c. 38. 
 
 7 & 8 Geo. 5. 
 
 c. 46. 
 
 8 & 9 Geo. 5. 
 
 c- 35- 
 
 Short Title. 
 
 The Landlord and 
 Tenant Act, 1851. 
 
 The Agricultural 
 Holdings Act, 1908. 
 
 A g r i c ul t u r a 1 
 
 The 
 
 Holdings (Scotland) 
 Act, 1908. 
 
 The Small Holdings 
 Act, 1910. 
 
 The Agricultural 
 Holdings Act, 1914. 
 
 The Small Holding 
 Colonies Act, 1916. 
 
 The Corn Production 
 Act, 1917. 
 
 The Corn Production 
 (Amendment) Act. 
 1918. 
 
 E.xtent of Repeal. 
 
 -I- 
 
 In Section one, the words from 
 " Provided always "' to the end 
 of the section. 
 Sul>-sections (2) and (3) of section 
 six (') ; section eleven ; sub- 
 section (2) of section thirteen : 
 section twenty-two ; in para- 
 graph (iii.) of section twenty - 
 three the words "for labourers"; 
 section twenty-seven ; in sub- 
 section (i) of section forty the 
 words " the powers by this Act 
 " conferred on a landlord (other 
 " than that of entering on a 
 " holding for the purpose of 
 " viewing the state of a hold- 
 " ing) " ; in sub-section (2) of 
 section forty the words " the 
 " powers by this Act conferred 
 "on a landlord (other than as 
 " aforesaid).'"' 
 Sub-sections (2) and (3) of sec- 
 j tion six ; section ten ; sub-sec- 
 tion (2) of section eleven : 
 section twenty-four ; in section 
 twenty-eight the words " the 
 " powers by this Act conferred 
 t " on a landlord (other than that 
 I "of entering on a holding for 
 1 " the i:)urpose of viewing the 
 
 ! " state of the holdinp)-" 
 The whole Act. 
 
 The whole Act. 
 
 Sub-section (2) of section one. 
 
 Sub-section (i) of section two and 
 section nine ; sub-section (2) of 
 section nineteen. 
 
 Tlie whole Act. 
 
 For general observations upon Section 36 and this Schedule, see p. 62. 
 (') See observations on pp. 48 and 49 ante as to repeal of Sub-sections (2) 
 and (3) of Section 6 of the Act of 190S.
 
 TRtNTED EY J. B. NICHOLS AND SONS, 
 
 PARLIAMENT MANSIONS, 
 
 VICTOIUA STREET, WESTMINSTER, S.W. 1.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 
 This book is DUE on the last date stamped below. 
 
 Form L9-30m-ll,'58(.8268s4)444 
 
 .^^^ TME LliJKAKl 
 ^^^^ERSITY OF CAUFOKNU 
 LOS ANGRLES
 
 M Roval Tnc!tit.n+-;on 
 
 592 of Chartered Sur- 
 Rola veys « 
 
 AA 000 576 733 o 
 
 The agriculture 
 act, 1920 
 
 HD 
 
 592 
 
 R81a