.'I'.'l'l liiiif "''''''^ mmm ■"■ '■ <* )i 'i *i 'i 'I *i 'I 'I 'i 'f a. m3 UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. NOTES AND AN INTRODUCTORY CHAPTER ON THE SUBJECT-MATTER OF THE ACT, Summarir of 1|r0Ctburc, APPENDIX OF FORMS IN PROCEEDINGS UNDER REFERENCES, IN THE COUNTY COURT, AND BEFORE THE MAGISTRATES, ADAPTED FOR USE UNDER THE ACT. TOGETHER WITH BY J. W. JEUDWINE, Of Lincoln's Inn, Barrister-at-Lmv. LONDON WATERLOW AND SONS LIMITED, GREAT WINCHESTER STREET AND LONDON WALL, E.C. LONDON : PRINTED BY WATERLOW AND SONS LIMITED. LONDON WALL. T PREFACE "\T0 apology need be made for editing an Act which is professedly compulsory, and which, as must any Act which relates to agriculture, affects the interests of a large part of the community. The present Act seems to be generally accepted as a fair and earnest endeavour to settle vexed questions arising between landlord and tenant, although in the opinion of some tenants it may not have gone far enough, in the opinion of some landlords too far. The Government showed great fairness and moderation in regulating its discussion, repeatedly refusing to give way to suggestions of either extreme party which would have damaged the principles of the Act, whilst, where principle was not concerned, they willingly accepted any amendments which commended themselves to the views of the Committee. The only part of the Act as to the working of which any serious difference of opinion arose, was the clause relating to drainage. This, it will be hoped, will not be found to work so unfavourably to the landlord as has been supposed. The Procedure Clauses are mainly copied from the Act of 1875. To the Author the County Court seems a most unfit tribunal for the trial of appeals from references. County Court Judges, as a rule, know little or nothing a 2 iv TREFACE. about farming, and on appeal they can but reconsider the decision of the valuers on the evidence of the valuers themselves. An umpire appointed by the Land Commis- sioners or by the Institute of Surveyors would, in the Author's humble opinion, be a much fairer, and probably a cheaper, mode of appeal. The object throughout the work has been to repeat nothing, though in editing an Act of Parliament it is very difficult to avoid repetition. The procedure is set out in order of time, with fre- quent cross references to the sections and notes, and the directions how to claim compensation arc as simple and as short as it is safe to make them. The notes, as a rule, contain only the matter arising on the particular wording of the sections, and all general questions on the Act have been considered in the Intro- ductory Chapter. The forms have been carefully drawn, and much time and labour has been expended on them and on the Precedent of Agreement which form Appendix i. The Precedent has been carefully modelled to meet not only the Act, but the possibility of the tenant failing to give his notices and claiming under custom or agreement. For this reason, and because the agreement applies both to Lady Day and Michaelmas tenancies, it was impossible to draw it shortly. In settling this Precedent the Author has been much indebted to the practical advice and assistance of friends. J. W. JEUDWINE. Lincoln's Inn. September, i88j. CONTENTS. PAGES. Table of Cases vii Introductory chapter summarising the Act . ix Summary of Procedure xxvii AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883 (46-47 Vict, ch. 61) . . . . I Appendix i. — Precedent of Farming Agreement ... 49 Appendix 2. — Notices to Quit and Miscellaneous Clauses . 56 Appendix 3. — Forms under the Compensation Clauses . . 57 Appendix 4. — County Court Forms 65 Appendix 5. — Forms under Distress Clauses . . ' . . 70 Index 73 TABLE OF CASES CITED. Astbury ex pte. . 29 Lavies re . 29 Austin V. k. 10 Learoyd ^;c //'<'., Foulds in n 39 Baily v. De Crespigny 24 Levy /// re, Watson ex pte. . 2 Cornforth v. Geer 19 Lyon V. Reed 2 Day in re, Young ex pte. 3 Mellor V. Watkins 2 Davison v. Gent 2 Miles 7'. Furber , 37 Devonport v. R. 3 Mordue v. Palmer 14 Doe V. Archer . 34 Morgan v. Davies 27 Doe V. Bancks . 3 Morrish in re, Hart-Dyke Doe V. Cox 19 ex pte. 3>29 Doe V. Darby X Oastler v. Henderson . 2 Earl of Erne v. Armstrong 2 Phene v. Popplewell . 2 East and West India Docl< Pratt V. Brett 10 Company v. Hill 2 Robinson v. Waddington 41 Elwes V. Mawe . 28 Scottish Widows' Fund v Foulds in re, Learoyd ^.v pte 39 Craig 23 Griffenhoofe v. Danbuz 10 Simmons v. Norton . 10 Harnett v. Maitland . 10 Swire v. Leach . • 37 Hart-Dyke ex pte. 3, 29 Tanham v. Nichojson . 2 Hellawell v. Eastwood i >8,29 Tayleur v. Wildin 2 Higham re 15 Toby V. Lovibond 19 Holme V. Brunskill '> Vivian v. Moat . 3 Huntley v. Russell 29 Watherell v. Howells . 10 Hulton V. Warren 9 Walton ex pte., Levy in re 2 Johnson v. Goldswaine 9 Wilkinson v. Calvert . 27 Jones V. Phipps . 2 Wrightson v. Bywater . 19 Kerby v. Harding P Young ex pte. .^ Day /;/ re • 3 Latham re , 29 INTRODUCTORY CHAPTER. The Act applies only to those holdings which are Towhathoid- ^ ^ "^ ° ings the Act " either wholly agricultural or wholly pastoral, or in |pp''es. part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden," and it does not apply to any holding let to the tenant during his continuance in any office, appointment or employment of the landlord. With the exception of the clauses relating to permissive , . /. 1,1- . nature of Act. compensation for unexhausted improvements, in respect of which it is professedly compulsory, the Act is permissive. Sect. 55 makes void all contracts, s. 55. agreements, or covenants, whereby a tenant deprives himself of his right to claim compensation under this Act. Great facilities are, however, given for con- ss 2, 3, 4, 5 s tracting out of the Act by means of agreements to be substituted for compensation under the Act. If it is desired to exclude it altogether, such clauses as those suggested on p. xxiii may be inserted in the agree- ment, or penal rents may be imposed on the execution of improvements. The Act alters the law on the following points : — wuh'T the Act (i.) The length of notices to quit. (2.) The right of a Te;iant to fixtures and buildings erected by him. (3.) The Law and Procedure under a distress. (4.) The right of a Tenant to have compensation for the unexhausted value of capital laid out upon his holding, called in the Act " compensation for improvements." INTRODUCTORY CHAPTKK. Notice to riuit under yearly tenancy. Ss. 33, 5i. Forms 2, 3. Current tenancies. Resumption for improvements. r.41. Form 4. Form 5. Notices to Quit. Before the Act where no agreement or custom regulated the length of notice to be given under a yearly tenancy, a half-year's notice expiring with a year of the tenancy, was by law necessary to determine it (DOE v. Daruv, i. T. R., 159). The Act now makes ^'ayears notice so expiring''' necessary, and permits a landlord and tenant who wish to exclude this section to do so by writing under their hands. In what degree the section affects current tenancies is fully considered in the notes to sect. 33. The section is not to apply to a case where the tenant is bankrupt, or has filed a petition for a composition or arrangement with his creditors. The Act also makes provision for the landlord taking possession of part of the holding for certain purposes (specified in sect. 41). In such a case the landlord gives the tenant notice to quit the part that he requires, stating the purpose for which he requires it. The tenant may then within 28 days after such notice, if he please, give notice to the landlord that he accepts the landlord's notice as notice to quit the entire holding. If the tenant, however, accept the landlord's notice he will be entitled to a proportionate reduction of rent both in respect of the. land comprised in the notice, and in respect of the depreciation in value caused to his holding by the withdrawal of such land from the holding, and he will also be entitled to compensation in respect of any improvements made on such land. It will probably be found always more convenient INTRODUCTORY CHAPTER. xi to insert in every acrrecmcnt clause 28 of Appendix I, Appendix i -^ =• II' Clause 28. giving the landlord power to resume without any notice being necessary. Fixtures. The Act allows the tenant to remove a fixture, fixtures. i>- 34- machinery or building, erected after the commence- ment of the Act, to which he would not be entitled to compensation under the first part of the first schedule to the Act. Before he does so he must give a month's notice in Form 15. writing of his intention to remove it. The landlord may then elect to purchase it, and if the parties Form 16. cannot agree as to its value, disputes will be settled by reference as in case of compensation, but without appeal. The right of agricultural tenants to remove fixtures Fixtures erected before Jan. ist, erected before the commencement of the Act is very 1884. limited, and is governed mainly by sect. 3 of 14-15 Vict., c. 25 (notes to sect. 34 infra) which allowed the ^ yc— tenant to remove fixtures with the consent of his , landlord. >^^^'^^ ^^ The present section is mainly a re-enactment of sect. 33 of the Agricultural Holdings (England) Act, 1875. The circumstances under which a tenant may remove fixtures are detailed in sect. 34 of the Act. Distress. The Law and Procedure under a distress are Distress, materially altered by sects. 44-52 of the Act. ^^" ''*"5^- Besides important modifications in the law and practice of making distress, sect. 46 provides a new 5. 46. XII INTRODUCTORY CHAPTER. I'locedure per- missive. Appendix i, Clause 29. method of procedure for the decision of the many vexatious little questions which often arise under a distress ; namely, a summary trial either in the County Court or before justices with an appeal to Quarter Sessions. This mode is not compulsory, and the tenant may still, if he pleases, replevy or bring his action in the High Court. Clause 29 infra, if inserted in a farming agreement, may save a co.stly action in the High Court for illegal distress. Sect. 44 limits the landlord's right of distress to one year's rent, but modifies this limitation by a proviso as to rent collected after it becomes legally due. The limitation does not at present apply to arrears )fr /^^ ^ 2.^^/1 existing on Jan. ist, i884._ They are recoverable up / / J/^ '/° J^"" ^^^' ^^^5' ^^ ^^ same extent as if the Act had ^^---^ ^ Jiot passed ; after that date the Act applies to them. Clause 7 of Appendix i enabling the landlord to distrain in advance will probably be more often resorted to, and if more than one year's credit is required, the landlord must take a bill of sale over his tenant's effects. Sect. 45 gives a conditional privilege from distress to live stock (defined by sect. 61) which are upon the premises by way of agisting, and absolutely protects machinery, and live stock taken in solely for breeding purposes, which are on the premises under a bona fide agreement for hire, and are the bona fide property of a third person. Sect. 47 provides for a set-off, as against rent in arrear, of compensation ascertained, not only " under the Act," but under " any custom or contract." 85.49,50,51,52. Other changes are the abolition of appraisement, the regulation of charges where the sum distrained for is S. 44. Present arrears. Appendix i, Clause 7. S._45- Privilege from distress. S. 47. Set-off agamst rent in arrear. INTRODUCTORY CHAPTER. xiii over j£20, a provision for the removal of distrained goods, the extension of time to replevy, and the appointment of bailiffs by the County Court. Compensation. The main object of the Act, more important than compensation for improve- all the matters above mentioned, is to provide com- ^l^^-^^ pensation for the tenant, if he be forced to leave his farm before improvements effected by the capital which he has invested in it have been exhausted. The principle on which the tenant's right to com- pensation is based '* is precisely similar to his right to emblements, which right rests on the principle that a farmer is entitled to reap or be paid for the crop which he has sown, but which he is compelled to leave before it grows ripe." The Act provides a special mode of procedure for Procedure to . assess compensa- the assessment of compensation by valuers, with an ''°"- appeal to the County Court, which will be found set out below in the Summary of Procedure, p. xxvii. The Act only applies to improvements executed improvements executed before before January ist, 1884: (i) when they have been Jan. ist, 1884. s. 2. executed within ten years previous to that date, (2) when the landlord has consented, in writing, to the making of them within one year after that date, (3) when the tenant is not in any other way entitled to compensation in respect of them. The Act does not interfere with contracts of tenancy improvements •^ executed after current on January ist, 1884, where, under any aeree- ^"""s '^'' ^^^*-' •' y J -r) > y fa ^^ under tenancies ment in writing, or custom, or the Agricultural date!"' ^' ''^^' Holdings Act, 1875, "specific compensation" is pay- ^' ^* INTRODUCTORY CHAPTER. Improvements executed under tenancies be- ginning after ist Jan., 18S4. S. 61. The "sitting tenant." Compensation on change of tenancy. Leases of Trust and Charity lands, S. 43- able in respect of improvements executed after that date. Compensation will continue to be payable under such agreement, custom, or Act, until the con- tract of tenancy becomes one beginning after the Act [as to which see sect. 61]. Where no such specific compensation is provided,, the landlord can exclude the Act, as to the improvements in part ill. of the First Schedule, by executing a particular agreement with his tenant, providing " fair and reasonable compensa- tion." Current tenancies from year to year soon become tenancies beginning after the commencement of the Act, but the provisions above mentioned will continue to apply to leases. ( IV/ien right to compensation arises.) The right to compensation only arises on the tenant "quitting his holding on the determination of a tenancy." No attempt is made to provide for the con- tingency of the rent being raised upon the tenant's own improvements. Every change of tenancy involves expense and loss to the landlord. The rent could only be raised either with the consent of the tenant, or by serving him with a notice to quit, and if a notice to quit were given by either party the landlord might be liable for compensation ; so he is hardly likely to rack-rent the tenants on his own improvements. Sect. 58 provides for compensation for improve- ments made during a former tenancy, where the tenant continues in his holding during a change of tenancy, as, for instance, where a lessee increases his holding during the currency of a lease. Where trustees are authorised to lease at the best INTRODUCTORY CHAPTER. XV rent obtainable they need not, in renewing leases, raise the rent on the tenant's improvements. (Matters in 7-espcct of %vhich compensation may be claimed.) The matters in respect of which compensation can schedule i, be claimed are set out in the three parts of the first schedule to the Act. So far as the improvements in Part I. are concerned, matters are left very much as they were before the Act. The consent of the landlord in writing must be obtained before they can be executed, and they are generally of a permanent nature and requiring a large outlay of capital. The landlord may give his consent upon any terms he pleases, and, in fact, arrange with his tenant as before. Part II. contains only one improvement, namely, Schedule i, Drainage. Drainage. Sect. 4 relating to drainage is the most difficult and ambiguous in the Act, and will probably require judicial interpretation. Its meaning appears to be as follows : — The landlord and tenant may agree by a clause in an existing Agreement, or by a fresh Agree- ment or otherwise, as to the execution of drainage, as if the Act had not been passed, see Appendix i, clause 9. If they do not so agree, before/ drainage can be executed not more than three and not less than two forms, months' notice, in writing, of the tenant's intention, stating the manner in which he intends to do the work, must be given to the landlord. The Act then s. 4. How drainage provides three alternative modes : — The landlord may may be done. do the drainage himself and charge the tenant interest at ^5 per cent, on the outlay for any length of time, or such a sum as will repay principal and XVI INTRODUCTORY CHAl'TER. Charge of drain- age on holding. S. 29. Drainage by tenant in default. Schedule i, part iii. interest at ^3 per cent, in a term not exceeding twenty-five years ; or, the landlord may stand by and see the tenant do the drainage at his own risk ; or the landlord and tenant may agree upon the terms "as to compensation or otherwise on which the im- provement is to be executed by the tenant." See Appendix I, Clauses 9 and 17. If the landlord do the drainage himself he may charge the cost of it upon the holding. If the landlord undertakes to drain and does not comply with his undertaking within a reasonable time, the tenant may execute the draining and claim com- pensation. This provision as to drainage seems open to con- siderable abuse. Arable land, which requires much drainage, will generally repay the outlay in a very few years, and there are large areas, which, by an outlay of a very few pounds, may be doubled in value. Yet, under the first section, the tenant, if he has increased the rental value, may not only recover his outlay after many years' enjoyment of the property, but may make a considerable profit on his capital by recovering from his landlord some twelve or thirteen years' purchase on the increased value of the land. Beyond the ' inherent capabilities of the soil ' (which may mean anything or nothing) there is nothing to limit the amount which the tenant may receive. Part III. contains some improvements of a durable nature, such as chalking, liming, and so on, and others, the effects of which are very quickly exhausted, such as the application of artificial manures and consump- tion of feeding stuffs. INTKODUCTORN' CIIAl'TER. xvii No consent or notice is necessary before these improvements in part III. are executed, though notice must be given before compensation can be claimed. (specific and fair and reasonable compensation. ) The landlord and tenant may exclude the Act, as s. 5. to these improvements, by " a particular agreement in writing, providing fair and reasonable compensation." In considering what constitutes such fair and reasonable compensation as would oust compensation under the Act, regard is to be had to the circum- stances existing at the time of making the agreement. The provisions of the Act itself, and of the Agricultural Holdings (England) Act, 1875, taken with the customs of each particular district, will form a fair test of what is fair and reasonable compensation. The Act docs not provide any means for ascer- Howascer- taining whether compensation by agreement is specific ^- '"• or fair and reasonable. The procedure for reference Procedure for ■■■ reference applies [by s. 17] applies to such substituted compensation only com "^e^ation so far as to give the referees power, if compensation is claimed under the Act, to award compensation for improvements provided for by such agreements, " if and so far as the same can, consistently with the terms of the agreement, if any, be ascertained by the referees or umpire " and the award is, when necessary, to distinguish such improvements and the amount awarded in respect thereof. The effect of the section would, at first sight, appear to be that a tenant might claim compensation under the Act for matters contained in his agreement, and also for matters not covered by the agreement, but included in the schedule to the Act, and that he could b Xviii INTRODUCTORY CIIAl'TER. then obtain compensation for all such matters before a referee. But it must be remembered that the compensation provided by ss. 3, 4, and 5, is to be deemed to be substituted for compensation under this Act ; the object of the section is only to give the tenant the option of having the compensation due under his agreement assessed by referees as if it were compensation due under the Act, and it does not give the referee any power of ascertaining the validity and meaning of an agreement ; any tenant questioning the agreement on the ground that the compensation is not specific or fair or reasonable, must still seek the assistance of a court of law. Nor would the section, it is presumed, apply where the agreement provides a mode of assessing such compensation ; as this would not be consistent with the agreement. The result of this will be that where a tenant who has entered into an agreement for compensation seeks to obtain compensation for matters not thereby provided for, he must first set aside the agreement in a court of law before he can claim. Owing to the necessity for giving the proper notices, he may have some difficulty in making his claim afterwards. He should, in such a case, give his notices, appoint a referee, get an umpire appointed, and then obtain an extension of time by the Registrar of the County Court, until the validity of the agreement is decided by the Court. With these difficulties, when there is an agreement providing any sort of compensation, it will probably be unusual to get it set aside. Judges will look with disfavour upon an attempt to upset an agreement INTRODUCTORY CHAPTER. xix entered into by a tenant with open eyes, unless it is a flagrant evasion of the principles of the Act. On the other hand, under any agreement providing Compulsory ' •' ° 1 t> reference. substituted compensation the tenant can always ^*- '^-^s- force his landlord to a reference with an appeal to the County Court, unless a provision like clause 29 of Appendix i is inserted in such an agreement, and, it may be, even in spite of such an agreement ; for if the tenant claims under the Act, and less than ;^ioo (see sect. 23 (2) ) is awarded to him, it is difficult to see what remedy the landlord has. However it will always be worth while, notwithstanding the ambiguous terms of sect. 17, to contract out of the Act, and to provide a mode of assessing compensation. There is nothing in the Act to prevent a landlord from Landlord may . impose terms. imposmg terms upon his tenant as to what improve- ments should be executed, or prohibiting him from executing certain improvements without the land- lord's consent. Sect. 55 only avoids an agreement depriving a tenant of his right to compensation for improvements already executed. If the agreement specifies certain improvements and gives specific compensation for them, stating it to be in substitution for compensation under the Act, this agreement, even if it contains terms prohibiting improvements or regulating their execution, would hardly be considered by a court of law as unfair or unreasonable. Where an agreement provides for a reduction of rent as com- pensation in consideration of the tenant executing im- provements it should be distinctly stated that this is so. {Bast's on which compensatiott is calculated^ The basis upon which compensation is to be s. i. calculated is to be the " value of the improvement to an incoming tenant," and not as in the Act of 1875 b2 XX INTRODUCTORY CIIAriER. Restrictions and limitations on compensation. S. I, S. 6. S. 59. Form lo. Consent of landlord. the unexhausted vakie of the "outlay." The criterion of the vakie to an incominc^ tenant will no doubt be in mo.st cases the rental value, and part of this may be due to a general rise in the value of land, or causes other than the making of the improvement. This test of value is, however, limited as follows : — (i.) The valuers are not, in estimating, to take into account what is justly due to the inherent capabilities of the soil. (2.) The landlord may, on notice, set-off against the tenant's claim arrears of rent, rates, taxes, tithes, waste, damages for breach of covenant, and benefits and allowances made in consider- ation of the improvements. (3.) With the exception of the improvements numbered 22 and 23, no compensation can be claimed for improvements begun after the following times : — If the tenant is a yearly tenant, and entitled to a years notice — within one year before he quits his holding, or after he has given or received notice resulting in his quitting ; — If lie is a yearly tenant, and entitled to six months' notice only — within one year before he quits, if he gives notice resulting in his quitting ; if he has begun within the year and his landlord gives him notice, he may go on and claim ; — // he is a lessee — within one year before the expiration of his lease. If the tenant previous to beginning the improve- ment has given notice of his intention to the landlord, and the landlord has assented, or has failed to object for a month after receipt of notice, the tenant can claim compensation. liNTRODUCTORY CHAPTER. XXI (4.) Before the tenant can obtain compensation he ^- 7. must have given the notices required by sect. 7. On the other hand, the tenant may add to his Additions to claim for com- claim any sum due in respect of a breach of covenant pcnsation. or other agreement connected with a contract of tenancy and committed by the landlord. The "inherent capabilities of the soil" (if it means The inherent capabilities. anything, and was not inserted ex viajori caiitcla) forms a field for speculation and dispute, as what such capabilities are must rest solely on the diverse decisions of valuers. See notes to sect. i. The provision for set-off does not provide for one .Set-off. what is a benefit. very common case. In most leases and agreements the tenant covenants to bring and spread upon the farm yearly so much manure : i. e., without compen- sation. By the same instrument the rent of the farm is fixed. Now, however (unless the valuers decide that good husbandry only ought not to entitle the tenant to compensation, and that the artificial manure brought on was only sufficient to keep the farm in good condition), the tenant, having contracted to incur expenditure without compensation, will be entitled to compensation for keeping his farm in good condition, and the rent fixed can hardly be con- sidered a " benefit " within the section. The restriction on the execution of improvements, improvements alter notice to quit, will afford no protection to quit- landlords, unless a year's noti<;e to quit is required. If six months' notice has been agreed for, and the tenant begins his improvement before he receive XXll INTRODUCTORY ClIAI'TKR. Claims under agreement or custom. notice, he may go in and finish it after notice, and then claim compensation. This, at any rate, seems to be the meaning of the first proviso of sect. 59. (Notice of claim by tenant, ) The tenant intending to claim compensation under the Act must be most careful to give the necessary notices (p. 28). Under the Agricultural Holdings Act of 1875, many claims were lost for want of the proper notices. If the tenant give no notice, or give notice too late, he cannot claim under the Act, and must make the best he can of any agreement or custom. It may sometimes, in such a county as Lincolnshire, be of more advantage for tenants to remain under agreement or custom than to give notice under the Act. On notice being given by the tenant, the landlord and tenant may agree as to the amount, mode, and time of payment of the compensation. (Form 13.) If they do not agree as to the amount, the landlord // y / may give the tenant a counter-notice of claim, under f J y sect. 6, withm fourteen days koaa-tlae-teftaftt^-ttotTceT / This section will have a very beneficial effect in preventing an outgoing tenant, whose rent is in arrear, and who leaves his farm in bad condition, from claiming against his landlord for compensation in the hope of forcing him to a reference, as he may be immediately met by such a counterclaim. See as to the bankruptcy of the tenant, notes to s. i. The parties will then proceed to a reference in the manner mentioned in «ect. 9, et seq. When the landlord has paid compensation to the tenant, or when he has expended money in doing Landlord's counterclaim. S. 7. Charge on hold- ing, payment and recovery of compensation. INTRODUCTORY CHAPTER. XXIU drainage after notice [see p. xv], he may obtain from the County Court a charge upon the holding for the amount paid or expended. If the landlord is a trustee he can obtain such a charge before payment. Sect. 31. The tenant may also in some cases obtain a charge. Ss. 30, 31. The provisions as to the charge of compensation on the holdings, the payment, and recovery of com- pensation will be found set out in the Summary of Procedure, infra p. xxxvi. [Precedent of Agreement. ) There is no clause in the Precedent below pro- Evading the Act. viding for evading the Act, but the Act can, if necessary, be practically evaded by inserting, as a rent for the last year of the tenancy, a sum roughly calculated to recoup compensation, and then, pro- viding that if the tenant shall not in the last year of the tenancy execute any improvement upon the farm in respect of which he might claim compensation under the Act, or shall not put on the land certain specified artificial manures, without first obtaining his landlord's consent in writing, the landlord should accept rent for the last year at the same rate as for the other years ; or, providing that the tenant should, on quitting, accept a Sum equal in amount to the increase in the last year's rent as compensation for every matter in respect of which he is entitled to compensation. A few remarks may here be made about the clauses ' and objects of the Precedent. Clause 2 excludes sect. 33 of the Act, providing ^'o"" to qua. xxiv INTKODUCTOKV CHAPTER. for one year's notice to quit. It may be questionable, however, whether it is e.xpedient to e.xclude this section, having regard to the provisions of sect. 59. Rents and The clauscs will Hcccssarily be modified according Penalties. to the customs, and the different relations of landlord and tenant in the different counties. The rents and penalties in clause 5 will not by any means be universally applicable. Tenants in some counties are allowed great liberty as to rotation of crops, and as to the crops to be put upon the land, and in the present times it is inexpedient to press a tenant too closely. Rent payable in Thc Same rcmarks apply to clause 7. In some a vance. countics no tenant would accept such a clause. In others it is frequent ; in others it is only the last half- year's rent which is made payable in advance. Its effect is that, if the landlord is compelled to distrain, he can distrain for one year and a half's rent ' accrued due.' Compensation. The agreement for compensation (clause 10) re- ferring to the second schedule of the agreement, clause 1 1 providing for payment of compensation by the in-coming to the out-going tenant, and the second schedule itself, only extend to the matters in part III. of the first schedule to the Act. In practice the compensation for the permanent and durable im- By whom paid, provcmcnts will be paid by the landlord, but for the transient improvements such as manures and feeding stuffs by the in-coming tenant just as he now pays for seeds and tillages. The in-coming tenant may leave himself before the value of a durable improve- ment is exhausted. INTRODUCTORY CHAPTER. XXV If the landlord and tenant come to any agreement as to the execution of matters in part i, they will probably do so by a separate agreement. Clause 1 6 provides an agreement for drainage. Drainage. There is no clause in the Act giving the landlord any power to drain and charge the holding in the first instance where he has an obstinate tenant who refuses to drain. He must either give his tenant notice to quit, or do it himself under clause 3 at his own expense, and charge the holding under section 29 of the Act with the amount. As above mentioned the clauses as to cultivation Cultivation. may be dispensed with or greatly modified according to the variety of soils and climates in the country. Those in the Precedent are applicable in the four course system only, as being the most general system in the country. Clause 13 relating to selling off produce will, in selling off crops many cases, require considerable modification in form or in practice. In many counties tenants are allowed to sell off produce for the first two or three years. Clause 14 relating to samples of artificial manures Artificial Manures. may be sometimes found impracticable, owing to the amount of labour which it would entail on the landlord, but where practicable it would be decidedly useful by giving the Landlord control over the quality of the manure put upon the soil, and it would enable him to ascertain the value of the manures in the event of a reference, as otherwise the valuer on estimating the amount of compensation has nothing to go on but the tenant's vouchers. Such a clause would not be within the provisions of s. 5, nor would it render an agreement unfair or unreasonable. XXVI INTRODUCTORY CHAPTER. Last year, and quitting. Arbitration clause. Manufactured manures and feeding stuffs arc matters in which farmers are very liable to be imposed upon, some of them are hardly worth the cost of carriage. The clauses relating to the last year of the tenancy and quitting are very various. Those which are most general have been inserted, and it is believed that the general valuation clause 24 will be found in most cases to include the tenant right by custom not touched by the Act. It may very likely be objected that the procedure under the Act is not sufficiently satisfactory for general purposes of valuation, but it has been thought better to make use of it to avoid two different kinds of valuation at the termination of a tenancy, one under the Act, and one under custom, especially in view of sect. 18. It will be observed that the procedure has been modified so as to avoid the most objectionable features. The procedure before Justices relating to a distress is also incorporated in this clause. SUMMARY OF PROCEDURE. The procedure under the Act is of three kinds : — Procedure on reference — (i.) Proceedings before a Referee, Referees, or (o Before referees. Umpire — (a.) To obtain compensation for unexhausted im- provements. (l>.) To fix the value of a fixture claimed by the tenant. (2.) Proceedings in the County Court — ^2)^"")= ^ ' County Court. (a.) To appoint a referee or umpire. (d.) To extend the time for delivering the award. (c.) On appeal from a reference. (d.) To appoint a guardian or next friend. (e.) To tax costs. (3.) Summary Proceedings in the County Court, Procedure under ^ ' JJistress clauses. OR BEFORE JUSTICES — (a.) To decide matters arising under the sections relating to distress. The two first will be treated together, as they both apply to the same matters, the County Court being in fact a Court of Appeal from the reference. The forms for use in the proceedings will be found in Appendices 2 to 5 inclusive, I'n/ra. Landlord and tenant are the parties contemplated by the Parties to '■ * ^ proceedings. Act as taking these proceedings ; but other persons may, under sect. 46, become parties to the proceedings under the distress clauses, and there is nothing in the Act to prevent mortgagees, remaindermen, and others, from attending the reference or County Court proceedings to see after their xxvni SUMI\IAR\' OF PROCEDURE. Costs. Ss. 20, 27, 46. Appointment of guardian. S. 25. p. 20. Forms 34, 36. Married women. S. 26. p. 20, Forms 34, 36. Service of notices, &c. S. 28. p. 21. Procedure on reference. Of the notices necessary before reference. interests, though there is no provision in the Act for allow- ance of their costs if they do so. The costs of the reference are in the discretion of the referees or umpire, and the costs of County Court proceedings and proceedings before the Justices are in the discretion of the Court. By sect. 25, where a landlord or a tenant is an infant without a guardian, or is of unsound mind not so found by inquisition, the County Court, on the application of any person interested, may appoint a guardian for the purposes of this Act, and may change the guardian if and as occasion requires. The County Court may also appoint a person to act as the next friend of a married woman for the purposes of this Act, and may remove or change that next friend if and as occasion requires. No special mode of procedure is provided for such applications, and they may be made by summons. Any notice, request, demand, or other instrument may be served on any person under this Act — (i.) Personally. (2.) By leaving it at his last known place of abode in England. (3.) By sending it through the post in a registered letter addressed to him there. Under the compensation clauses all appointments, notices, and requests must be in writing (with the exception perhaps of the notice in sect. 14 by the referees to the parties), and it will always be well to send notices in writing in any case. Procedure on Reference. Giving Notice. See as to consent of landlord, and notice to landlord, before execution of improvemejits, pp. xv, xx. Where a tenant has executed any improvement in the Schedule to the Act, and he has agreed with his landlord SUMMARY OF PROCEDURE. xxix for substituted compensation under any of the ss. 2 — 5, he need not give notice of his intention to claim compen- Compensation by '-' 1 agreement. sation in respect of such improvements, unless he desires ^- ^' ^■ to have the compensation under the agreement assessed by reference under the Act {supra p. xvii ; sect. 17). Otherwise the compensation is payable in pursuance of the agreement, and the agreement must be set aside in a court of law before either party can claim under the Act. Where, however, the tenant has made no agreement with Compensation his landlord, and he wishes to get compensation for .Ss. i— 6. unexhausted improvements under the compulsory clauses of the Act, or where he wishes to Rave the compensation Notice of Claim. payable under his agreement assessed by reference under s. 7. ^ ■' p. 10. the Act, he must be most careful not to neglect giving to his landlord notice in writing at least two mo7iths before the ^orn determination of his tenancy (see notes to sect, i) of his intention to claim compensation in ad dition to the consents and notices nec essary before execution. „_- ^ If he neglect to give this notice or give it a day too late, his claim to all compensation under the Act is clean gone, and he must recover what compensation he can by custom or in any other manner allowed by sect. 26. On receipt of such notice the landlord may, on his part, Cou4ter notice _ _ by landlord. before, or within fourteen days after, the determination of the Ss. 9, 7. pp. 8-10. tenancy, give a counter-notice in writing that he claims to set-off against the tenant's claim a claim for compensation Form 12. in respect of the matters mentioned in sect. 6. It must be noticed that the landlord cannot give notice Tenant only car to a tenant in the first place. The powder of beginning ^^'"* proceedings for compensation lies with the tenant. When under sect. 34 the tenant intends to remove a Assessing the fixture or building put up by him upon his holding, he must ^%.^l° * '"''" give one moiith's previous notice in writing of his intention to Form 15. XXX SUMMARY Ol" J'ROCEDURE. Counter notice by landlord. p. lo. Form i6. Agreement as to compensation or value. S. 8. p. II. Form 13. remove it, and satisfy all the obligations which by that section are conditions ])reccdcnt to its removal. The month's notice ought to be given before the determination of the tenancy (sect, i), as it is only a tenafit (sect. 61) who can give the notice; but it need not necessarily have expired before the tenancy has determined. The landlord may at any time before the expiration of the notice of removal give notice in writing that he elects to purchase the fixture. Agreement as to Compensatmi or Value of Fixture. The landlord and teaant may then by agreement between themselves settle the question of compensation for unexhausted improvements, or the value of the fixture. They may agree as to the " amount, mode, and time of payment of compensation " improvements, or as to the value of the fixture. If they differ, the difference is to be settled by a reference in manner provided by the Act. The referee. Ss. 9 — 14. pp. 11-14. Appointment by agreement of a single referee. S.9. Sub-s. I, 2. p. II. Form 17. Appointment of a Referee. A referee may be appointed — (i.) By the parties jointly by agreement. (2.) By each party separately. (3.) By the County Court. (4.) By the Land Commissioners for England. The parties may agree in writing in appointing a single referee. If before award the referee die, or become incapable, or if he fail to act after seven days' notice in writing requiring him to act from either of the parties, they may agree and appoint a fresh referee, or they may appoint separate referees as below. On each such appointment the appointment must be delivered to the referee. SUMMARY OF PROCEDURE. XXXI The delivery will be a submission to reference by the Revocation of •' _ _ submission. parties delivering it. Neither party can revoke a submission s. 1^2. or the appointment of a referee without the consent of the , 1 Forms 20, 21. other. The single referee will then consider the matters referred, and make his award. Where the parties do not agree, each shall appoint a JJ'^l^^ l^li'l"" referee in writing. |^j^-.s 3_ If either of these referees before award die, or become p-^^J^- ^_ incapable of acting, or if either fail to act after seven days' notice in writing requiring him to act from either of the parties, the party appointing him shall appoint a fresh Forms 17, 19. referee. On each appointment the appointing party must give Notice of , 1 • 1 /• i r iT- appointment. notice in writing to the other party stating the fact ot the s. 9. appointment, and requiring the other party, if he has not p. n. ' already done so, to appoint a referee. Form is. Either party may also by such notice require that the s. 10. umpire shall be appointed by the Land Commissioners or j-orm 24. by the County Court (see below p. xxxii). When the two referees are appointed, they shall, before Appointment of umpire. they enter on the reference, appoint, in writing, an umpire s.g. (where one has not been previously appointed by the p- ^^■ County Court or by the Land Commissioners). If before f"°™ ^7. award the umpire die, or become incapable of acting, they p"^;^; ^ shall appoint another umpire. When the referees cannot agree they must give notice to when referee* cannot agree. the umpire of the reference to him. ^- '^- _ ^ r orni 20. When the parties fail to appoint referees or umpires, and when parties fail to appoint. in certain other events, powers of appointment are given to s. q, Sub-s. 6. and S. lo. the County Court and the Land Commissioners. They are pp- ". "2- as follows : — (i.) W^here any party fails to appoint a referee for four- ^efe°ee bT"' °^ teen days after receiving a notice from the other .^"g""'^' ''°"'''' Sub-ss. 4, 6, p. II. X X X 1 1 SUMMARY OF rROCKnURlC. Forms 32, 33. Appointment of umpire by Land Commis- sioners. S. 10. Sub-s. I. p. 12. Form 24. Form 26. Appointment of umpire by County Court on application. S. 10. Sub-s. 2 s. II. P- 13- Forms 25, 32, 33. Form 26. Appointment of umpire by County Court in default. S.9. Sub-s. 9, s. II. pp. 12, 13. Forms 23, 32, 33. Costs. S. 27. p. 21. party requiring him to do so, the Judge of the County Court, or by consent of the parties, the Registrar may on the application (by summons in chambers) of tlie parties giving notice, appoint a referee. [See notes to sect. 9, sub-s. 6 for the practice.] (2.) Either party, if he has appointed a referee, may give notice in writing to the other party that he requires that the umpire shall be appointed by the Land Commissioners. The Land Com- missioners will then, on the application of either party to them, appoint an umpire or a fresh umpire. (3.) Either party may, if he has appointed a referee, give notice that he requires that the umpire shall be appointed by the County Court. If the other party do not dissent, the Judge of the County Court (or by consent of the parties the Registrar) may, on the application of either party, by summons in chambers, appoint an umpire or a fresh umpire. The other party may, however, dissent in writing from this. If he do so, the Land Commissioners will, on the application of either party, appoint an umpire or a fresh umpire. (4.) Where the referee for seven days after request from either party fail to appoint an umpire or a fresh umpire, the Judge or Registrar of the County Court may in like manner, on the appli- cation of either party within fourteen days appoint an umpire. The costs of proceedings in the County Court are in the discretion of the Court. SUMMARY OF PROCEDURE. xxxiu The referee, referees or umpire will then proceed to The Hearing, consider the matters referred. Theymay proceed in theabsenceofpartiesaftergivingnotice. Form 29. They may call for the production of "any sample or Evidence, voucher, or other document, or other evidence which is in p- 13- the possession or power of either party, or which either For™ so- party can produce, and which," to them, " seems necessary for the determination of the matter referred," and they may examine the witnesses on oath. There is no provision in the Act enabling referees in the event of persons disobeying their orders to enforce production of documents or samples, or imposing a penalty on non-production. It must be noticed too that they can only call for the production of evidence "in the possession or power of either party, or which either party can produce." As a referee could disallow any claim which could only be supported by evidence which is not produced, and make the offending party pay the costs, the section will probably work in practice, notwithstanding the want of sanctions for disobedience to the referee's orders. A referee must obtain evidence on all the points which Form 31. must be specified in his award. If any such evidence is wanting, he cannot award any compensation in respect of the matters covered by it. The costs of and atttending the reference, including the Costs of reference. remuneration of the referees or umpire, and " other proper s. 20. p. 16. expenses," are in their discretion. Such costs are subject to taxation by the Registrar of the County Court, on the application of either party, in chambers, in the same way as in an ordinary action in the County Court, and the taxation is subject to review by the Judge of the County Court. The times for delivering the award are as follows : — Time for delivery nf award. (i.) For a single referee, twenty-eight days after appoint- Byreieree. S. 16. mcnt. p- >4- XXXIV SUMMARY OF PROCEDURE. Form 22. Form 28. By umpire. S. 18. p. 15. Form 28. Extension of time by registrar of County Court. S. 18. P- IS- Forms 35, 36. What the award must contain. S. 19. P- IS- Form 31. S. 20. p. i6. (2.) For two referees, twenty-eight days after the appoint- ment of the last appointed of them, or — (3.) The two referees may, from time to time, jointly fix a further time by writing under their hands, not exceeding, in the whole, forty-nine days after the appointment of the last appointed of them. If the two referees fail to deliver their award within such time, the matters stand referred to the umpire. (4.) For the umpire, twenty-eight days after notice in writing, given to him by either party, or by the referees of the reference to him, unless^ (5.) The Registrar ^of the County Court, from time to time, appoints an extended time, on the application of the umpire, or of either party, made before the twenty-eight days, or time or times already extend- ed by the Registrar, have expired. The Registrar may make what extension of time he pleases, as no limit is placed upon his discretion. The award must be in writing, signed by the referee or referees, or umpire. It must specify, " so far as possible," infra. {a.) The several improvements, acts, and things, in respect whereof compensation is awarded. {b.) The time at which each improvement, act, or thing, was executed, done, or permitted. (r.) The sum awarded in respect of each improvement, act, or thing. Where the landlord desires to charge his estate with the amount of the compensation found due to the tenant — (d?.) The time at which, for the purposes of such charge, each improvement, act, or thing, in respect of which compensation is awarded, is to be exhausted. Also — (^.) In what proportion the costs of the reference are to SUMMARY OF PROCEDURE. XXXV be borne by the parties, or by whom they are to be borne. {/.) A direction for ])ayment of costs. [g.) A time, not sooner than one month after the delivery s. 21. p 16. of the award, for the payment of money awarded for compensation, costs, or otherwise. When the sum " claimed for compensation " (which Award when ^ final. means, it is submitted, the sum claimed by either party, p- '7- and not the aggregate of the sum^ claimed by both parties) is less than ;^ioo, the award is final. Either party may then apply to tax the costs of the reference {supra p. xxxiii.) If the sum claimed exceeds ;^ioo, either party may Appeal from award. appeal to the Judge of the County Court ; on such appeal s. 23. . . . . P- '7- the decision of the Judge is final, except on questions of law, on which he must state a case for the High Court, at the request of either party. The decision of the High Court, not only on the case, but on costs, and any other matter connected therewith, is final, and must be enforced as if it were a judgment of the County Court. The submission, or award, cannot be made a rule of The award cannot be Court, or be removable by process into any Court, and an questioned ex- ' -" ' ■' cept by appeal. award cannot be questioned in any other way than by p- xvii.-xix. appeal to the County Court as above. If either party intend to appeal he must do so within Time for appeal, seve7i days after the delivery of the award to him, and if no p. t.i. appeal is brought within such time the award is final. The appeal may be made on all or any of the grounds '^f'°ll^'- °'' set out in sect. 23, and the practice on an appeal is for s.23. greater convenience stated in the notes to that section. The Judge shall hear and determine the appeal, and may Procedure on 111 1 appeal. in his discretion remit the case to be reheard, as to the pp. 17, 18. whole, or any part thereof, by the referee, or referees, or umpire, with such directions as he may think fit. XXXVl SUMMARY 01' PROCEDURE. Compensation how recovered. Ss. 24, 31. pp. 19, 24. Form. S. 24. Trustee or mortgagee. Recovery of sums agreed, awarded, or ordered, to be paid. When the parties have agreed under sect. 8 (as to which see note to sect. 24), as to the moneys to be paid — or where a sum has been awarded — or where an order has been made on appeal for a sum to be i)aid — for compensation, costs, or otherwise ; then, if the money is not paid within four- teen days after the " time when it is agreed, or awarded, or ordered to be paid," it is recoverable in the County Court as if it were money ordered to be paid by the County Court under its ordinary jurisdiction. Sect. 3 1 provides that, where the landlord is a trustee or person entitled to the rents in any character otherwise than for his own benefit, the amount shall not be recoverable from him personally, but he may charge it on the holding, either before or after it has been paid to the tenant, or in default of payment by the landlord the tenant may charge it, within one month after he has quitted his holdinc:. Obtaining a charge. Ss. 29-32. pp. 21-26. Evidence required. S. 29. p. 21. Charge of Conipensatio/i. A landlord, on paying the amount due to the tenant for compensation, or on draining, under sect. 4, after notice to drain given by the tenant, may obtain from the County Court a charge on the holding to the amount of the sum so paid or expended in draining. See as to trustee, or person having no beneficial interest, and charge by the tenant, supra. The Court will require from a beneficial owner, (i.) Proof of the payment, or expenditure, of the sum sought to be charged, and it will also, in any case, require to be satisfied of — (2.) The observance, in good faith, by the parties of the conditions imposed by this Act. As to the possible meaning of this latter requirement, see the notes to sect. 30. SUMMARY OF PROCEDURE. xxxvll The Court must then make an order, charging the holding Order of charge. p. 22. with the amount paid with such interest and by such instalments and with such directions for giving effect to the charge as the Court thinks fit. The instalments and interest will be charged in favour s. 30. of the landlord, his executors, administrators, and assigns upon the landlord's interest in the land, and " for all interest therein subsequent to that of the landlord." Where, how- Underleases. ever, the landlord is himself a tenant who pays compensa- p- '"^■ tion to an underlessee he can only charge the land for the Limited owners, interests of himself and his representatives. Where the ^' ^^' landlord is a limited owner only, the instalments and interest will be spread over a smaller number of years, according to the time when the improvement is taken to have been exhausted, according to the declaration of the award, or if no award has been made, according to the opinion of the court. Incumbents of benefices cannot give consent to im- incumbent of benefices. provements, or charge compensation on the glebe, without s. 39. PP-23, 32- the approval in writing of the patron, or the Governors of Queen Anne's Bounty, who may then pay the compensation, and take a charge on the holding. The landlord may assign the charge to a Land Company, Assignment ct charge. and the Land Company may assign it to any person or s. 32. persons whomsoever. No special rules of procedure have been made under Procedure to . obtain charge. these sections 29-31, of the Act, [iv/iic/i are nearly identical uiith ss. 42-44 of the Agricultural Holdings Act, 18'j^ and therefore by order xxxviii of the County Court Rules, 1875, the procedure will be the same as in an ordinary action. Proceedings may therefore be taken either by petition or Petition. Appendix iv. plamt. Petition would appear to be the most convenient Form 40. form. It could be served if necessary on any parties interested, such as remaindermen or mortgagees. There is xxxviii SUMMARY OF I'ROCKDUKE. no provision for the costs of interested parties appearing, but the costs are in the discretion of the court. Suinviary Procedure before Justices and at Quarter Sessmis. fhe dtstJess""'^^'^ Disputcs as to the ownership of goods distrained, the s^"444'2. fairness of price for agisting and other matters set out in pp- 35-41. ^1^^^ notes to sect. 44, relating to a distress upon the holding, may (but the section is not compulsory) be decided either by the County Court, or by a Court of Summary Jurisdiction [consisting of two or more Justices of the Peace, Sumni. Jurisd. Act, iSyg, S. 20, Subs, p.], with an appeal to Quarter Sessions. In County Court. The obscrvations above, as to the proceedings to obtain a charge, will apply to the proceedings in the County Court. In this case it would be more convenient to begin them by plaint, and to frame the plaint as far as possible according to the ordinary forms of action in the County Court for damages, illegal or excessive distress, detinue, and so on. Before Justices. The disputes Under thcsc clauses are to be deemed to be matters " in which a court of Summ. Jurisd. has authority by " An order on ... ^ , complaint." law to make an order on complamt m pursuance of the S. 46. p. 38. Summ. Jurisd. Acts." By sect. 6 of the Summary Jurisdiction Act, 1879, sums recoverable by a summary order on complaint are deemed to be civil debts and are recoverable as such. Summons. The proceedinsfs will therefore be initiated by summons S. J. A. Rules, i ° ^ 1880, r. 18. Qn complaint, and the subsequent forms will be those provided for the recovery of civil debts, that is to say : — The particulars of the claim will be annexed to or embodied in the summons. Order for pay- Qn the suiiimons an order may be made for payment of ment of money. the sum adjudged as damages, or as the price of live stock, or things unlawfully distrained, or otherwise, and for costs. S.J. A., 1879. The court may allow time for payment of the sum S.7- SUMMARY OF PROCEDURE. XXXIX adjudged ; may direct payment by instalments, or may direct an undertaking with security to be given for its payment. In default of payment a distress warrant, to levy distress Default of payment. on the defendant's goods, may be obtained. In default of distress, a judgment summons must Default of distress, be taken out, and the applicant must prove to the s. J. a. 1879. s. 35. court that the defendant has means to pay. If he do so, s. j. a. Rules, 19-21. an order will be made for payment, or for commitment in the alternative. The forms for the recovery of money under such procedure Forms, may be obtained from the clerk to the magistrate, or from any law stationer. In addition, however, to the power of making orders for order for resto...- the payment of money, the court may, under the 17th section s^'le, of the Act, " ///a^e an order for restoration" and ^' " ' may make declarations as to the property in goods. The form of order in such a case differs from the forms mentioned Form 44. above, and the procedure subsequent to the order is different. By sect. 34 of the S. J. Act, 1879, where a power s. j. a. 1879. " is given by any future Act to a Court of Summary *' Jurisdiction, of requiring any person to do, or abstain " from doing, any act or thing other than the payment " of money, or of requiring any act or thing to be done, or " left undone, other than the payment of money, and no " mode is prescribed of enforcing such requisition, the court " may exercise such power by an order or orders," with or without conditions, and may suspend or rescind the order, " on such undertaking being given, or condition being " performed, as the court may think just, and generally may " make such arrangement for carrying into effect such power " as to the court seems meet." xl SUMMARY OF I'ROCEDURE, Disobedience to Order. Form 44. Appeal. S. 46. Time for appeal. S. J. A. 1879. S. 31 (i). Notice of appeal. S. J. A. 1879. S. 31 (2). Form 45. Recognizance. S. J. A. 1879. S. 31 (3). " A person making default in complying with an order " may, in the discretion of the court, be ordered to pay a " sum [to be enforced as a civil debt, recoverable summarily " under this Act, see siipra.~\ not exceeding ;£i for every " day during which he is in default," and not exceeding, in the aggregate, ;!^2o, " or to be imprisoned until he has " remedied his default," such imprisonment not to exceed two months. It should be noticed that the punishment in default is in the alternative, and that the justices could send to prison in the first instance, without imposing a fine. Any " person aggrieved " [see note to sect. 46] by the decision of the court may appeal to Quarter Sessions. He must appeal to the next practicable court having jurisdiction in the county, borough, or place, for which the said Court of Summary Jurisdiction acted, and holden not less than fifteen days after the day on which the decision was given, upon which the conviction or order was founded. He must give notice of appeal within seven days after the day on which the decision was given, by serving on the other party, and on the Clerk of the Court of Summary Jurisdiction, notice in writing of his intention to appeal, and of the general grounds of such appeal. [See form 45 infra.'\ He must enter into a recognizance within three days after the day on which he gave notice of appeal, or, if the court think fit, give security. The proceedings on appeal will be found set out in sect. 31 of the Summary Jurisdiction Act, 1879. THE AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. N.B. — Words which, by sect. 61, have a special mea7iing are throughout printed in italics. PART I. Laiprovements. Compensation for Improvements. 1. Subject as in this A|l;t mentioned, where a tenant General right of ^ t -i . 1 , T . . . tenant to com- has made on his holding i ,ny improvement comprised pensation. \j'jcin the First Schedule hef-eto, he shall, on and after the commencement of thi^ Act, be entitled on quitting^ his holdjjig at the dcterjni lation of a tenancy to obtain pp. Xlll.-XXll. from the landlord as com] )ensation under this Act for such improvement such s im as fairly represents the value of the improvement to an incoming tenant: Provided always, that_in_i sl jmating the value of an y i mprovement in the Firs1 Schedule hereto there sha ll not be taken into accoun t as £art_of the improvement made by the tenant what s justly due to the inherent capa bilities of the soiL Subject as in ttiis Act mentioned — See sects. 2 to 5 and see sect. 7 as to notice. On his Jiolding — See sect. 54. On and after the commencement of this Act — January rst, 1884. On quitting his liolding at the determination of a tenancy — Except as provided by sect. 58 a tenant who remains in his holding at the determination of a tenancy must make the best bargain that he can with his landlord. He has always the threat of quitting, to be followed by compensation, as a weapon in his hands to bring his landlord to terms. By sect. 61 "determination of a tenancy" means the cesser of "a contract of tenancy" (which is also there 4.efined) "by reason of effluxion of time or from any other cause." B Ss. 2-3. S. 7. S. 54. S. 53. The sitting tenant. S. 61. Determination of tenancy defined. Agricultural Holdings (Eiiglatid) Act, iSSj. How a tenancy may he detcr- niiiicd. Notice to quit. Surrender. Rights of an under-lessee on surrender. Bankruptcy of lessee. Set off under s. 6 against trustee in bankruptcy. A ten.ancy may be determined by the expiration of the term fi;ranted, or on the liappening of any event on whieli it is made determinable (such as, in the case of a lease for lives, the death of tiie cestui que vie) or by merger of the term and the reversion in the same right. A tenancy may also be determined liy notice to quit. By such notice a tenancy from year to year is determined on the expiration of the current year, and a waiver of the notice creates a new tenancy, taking efilect on the expiration of the old one (TAYLRURt'. Wii.DiN, L. R. 3 Exch. 303 ; 37 L. J. Exch. 173). The notice to quit may be given on behalf of the landlord either l)y himself or by his agent, and the agent may give the notice in his own name (Jones v. Piiii'i'S, L. R. 3 Q. 15. 567; 37 L. J. Q. B. 198. Earl oi-' Erne v. Armstronc, 20 W. R. 370). The notice should not be given to the sub-tenant (Wooijfall L. and T. 310) but may be delivered to the servant of the tenant or to some person whose duty it would lie to deliver it to the tenant (Taniiam v. Nicholson, L. R. 5 II. L. 561). A tenancy may also be determined by surrender of the term granted. This may be either express, in which case it must be by deed (29 Car. II. c. 3, sect. 3 and 8-9 Vict. c. 106, sect. 3), or by operation of law. Surrender by operation of law takes place where the tenant has been party to some act the validity of which he is by law afterwards estopped from disputing and which would not be valid if his tenancy had continued to exist (Lyon v. Reed, 13 M. W. 285 ; L.J. 13 Exch. 377 ; 8 Jurist. (O. S.) 762). Such is, for instance, the grant of a new lease of the same premises to another with the tenant's consent (Davison v. Gent, i H. &. N. 744; L. J. 26 Exch. 122). An agreement between the parties, followed by a virtual taking of possession on the part of the landlord, makes a surrender by operation of law (Phen6 v. Popplewell, 12 C. B. (N. S.) 334 ; L. J. 31 C. P. 235; 6 L. T. 247; 8 Jur. 1104). A mere verbal agreement, without more, will not do so, but the landlord must actually take possession or do what virtually amounts to it, and consent to the tenant quitting (Oastler v. Henderson, 2 Q. B. D. 579 ; 46, L. J. Q. B. 607). A surrender of part of the premises and a proportionate reduction of rent does not create a new tenancy (Holme v. Brunskill, 3 Q. B. D. 495 ; 47 L. J. C. P. 610, and see sect. 41 below). An underlessee's rights cannot be put an end to by a voluntary sur- render of his lessor's interest (Mellor v. Watkins, L. R 9. Q. B. 405), nor can his liabilities be afiected (8-9 Vict. c. 106, sect. 9) on the disclaimer by the trustee in bankruptcy of the lessee's interest ; the landlord may distrain on the underlessee for the original rents and sue him on the covenants as if he were lessee, but he cannot eject him from the property (Walton, e.p-. Levy, in re., 17 Ch. D. 746 ; 50 L. J. Ch. 657 ; East and West India Dock Company v. Hill, 22 Ch. Div. 14; 52 L. J. Ch. 44 ; 31 W. R. 55). The landlord would then, it is submitted, be liable to pay the sub-lessee compensation for his improvements, as a claim for compensation is a right in re?n not arising out of contract, which is not affected by the disclaimer (see judgment of James, L, J., in Walton, ep., snpra). Where there is no under-lease, or a disclaimer by a trustee of the interest of the tenant on bankruptcy or liquidation, this sect, would come into operation, and the trustee would be entitled as against the landlord to claim for compensation for improvements. Whether the landlord can set off against such claim of the trustee any sums due for rent in arrear, or damages for breaches of covenant under the lease (as contemplated by sect. 6 of this Act) may be Agriailtitral Holdi}igs (EngliDul) Act, iSSj questionable, as a disclaimer puts an end to the lease and all its provisions, and destroys all benefits to either landlord or tenant arising from covenants under the lease (Hart Dyke, e.p., 22 Ch. Div. 410). It has been held that there is no right of set off where the creditor becomes a debtor to the bankrupt's estate after the bankruptcy, as would be the case as to compensation " on quitting the holding " (see Young, e.p.. Day in re, 27 W. R. 942, 41 L. T. 40 ; see also Hart Dyke, e.p., Morrish, in re., 22 Ch. Div., 410, 52 L. T. Ch., 570), where it was held that in respect of breaches of covenant committed by the tenant during his occupation, the remedy of the landlord was to prove for damages in the liquidation, and that the landlord had no right of set off as against moneys due by him to the trustees for severed crops. The tenancy may also be determined by forfeiture of the tenant's interest. Any acts or defaults which give rise to a forfeiture only render the lease voidable at the option of the lessor, and do not give the lessee power to avoid the lease, and if the lessor choose he may waive the forfeiture (Doe v Bancks, 4 B & Aid. 401 ; Devonport ■V R., L. R., 3 App. Ca. 128, 47 L. J., P. C, 9). . A disclaimer in writing of the landlord's title by the tenant operates as a forfeiture, and the landlord will be entitled to eject the tenant without any notice to quit (Vivian v Moat, 16 Ch. Div., 730 ; 50 L.J. Ch. 331). A tenant's interest may also be forfeited for non-payment of rent, or for breaches of covenant in a lease. Sect. 14 of the Conveyancing Act, 1881, prohibits the right of entry on forfeiture for a breach of any covenant or condition in a lease (defined by sub-s. 3) of that Act other than on the breach of a covenant against assigning or underletting, or of a condition for forfeiture on bankruptcy or taking in execution of the lessee's interest, or for a breach of certain conditions in mining leases, until notice has been served on the lessee specifying the breach and requiring that it shall be remedied, and requiring the lessee to make compensation in money for the breach, and the lessee has failed to comply with these demands. The Act does not affect forfeiture for non-payment of rent The value of the improvement to an incoming tenant — It is submitted that where an improvement is due to good farming only, it ought not to be matter for compensation, and that valuers ought to construe this sect, so as not to give compensation to a tenant who has merely farmed, as he was bound to do according to the rules of good husbandry, but only when he has done something over and above that. And see note to sect. 6. According to the limits laid down by the Agricultural Holdings Act, 1875, which were calculated by outlay, the improvements in Parts i and 2 would be deemed to be exhausted at the end of twenty years from the year in which the outlay was made (except Nos. 2 and 14, which were not included in the Schedule to that Act) ; the improvements in Part 3, Nos. 16-21, at the end of seven years, and those numbered 22 and 23 at the end of two years. The "inherent capabilities of the soil" may mean anything or nothing. If a railway comes near a farm and doubles the rental value, is this due to the "inherent capabilities," or is the tenant to be com- pensated for his good fortune ? Beyond evidence of outlay, rental is practically the only means of arriving at a conclusion as to value, and rental might be very much affected by such a matter. This proviso will probably lead to considerable litigation. B 2 Forfeiture. Disclaimer of title. Non-payment of rent or breach of covenant. Basis on which compensation is calculated. Inherent capa- bilities. 4 Agricultural Holdings (E^igland) Act, iS8j Valuations for mortgage or purchase. Valuations for mortgage or purchase will be conducted under some difficulty, as it will not be to the interest of either landlord or tenant to give any information as to the compensation due, and it will not be possible by enquiry to find what claims may^have to be met. Restriction as to improvements before Act. p. xiii. 3S, 39 Vict. c. 92. Form 6, Improvements not taking mmediate effect. As to Iinprovcuients executed before the Coinviencement of Act. 2. Compensation under this Act shall not be payable in respect of improvements executed before the commencement of this Act, with the exceptions following-, that — (i.) Where a tenant has within ten years before the commencement of this Act made an im- provement mentioned in the third part of the First Schedule hereto, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such im- provement ; or (2.) Where a tenant has executed an improvement mentioned in the first or second part of the said First Schedule within ten years previous to the commencement of this Act, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such improvement, and the landlord within one year after the commencement of the Act declares in writing his consent to the making of such improvement, then such tenant on quitting his holding at the determination of a tenancy after the commencement of this Act, may claim compensation under this Act in respect of such improvement in the same manner as if this Act had been in force at the time of the execution of such improve- ment. Within ten years, &=€. — This limitation prevents the tenant from taking the benefit of an improvement in part 3, such as clay burning, which lasts for a long time, and then claiming for it, and it provides for improve- ments in parts i and 2 which do not take immediate effect, such as the laying down of permanent pasture. Under any contract — A benefit given in consideration of the im- provement, waiver of breach of covenant, or reduction of rent under Agricultural Holdings (England) Act, i8S^ such contract, would probably be held to exclude this section. See sects. 5 and 6. Determination of a Tenancy after the coinmencevient of this Act. See notes to ss. i and 33. — The effect of these words, coupled with defini- tion of " determination of a tenancy ' in sect. 61, is that a yearly tenant, whose tenancy determines after January 1st, 1884, whether the notice to quit was given before or after that date, is entitled to compensation. As to Improvements executed after the Commencement of Act. 3. Compensation under this Act shall not be Consent ofiand- \ ■% ■ ~ . . , lord as to im- payable in respect ot any improvement mentioned provement in in the first part of the First Schedule hereto, and f^-' fheduie. executed after the commencement of this Act, unless p- ''^• the landlord, or his agent duly authorised in that behalf, has, previously to the execution of the im- provement and after the passing of this Act, consented in writing to the making of such improvement, and any such consent may be given by the landlord unconditionally, or upon such terms as to compensa- tion, or otherwise, as may be agreed upon between the landlord and the tenant, and in the event of any agreement being made between the landlord and the tenant, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act. This clause practically leaves parties much upon the same footing as they were before the Act. See notes to sects. 30 and 42, as to the rights of limited owners under the Settled Land Act. Deemed to be substituted. See p. xvii. 4. Compensation under this Act shall not be payable in respect of any improvement mentioned in the second part of the First Schedule hereto, and executed after the commencement of this Act, unless the toiant has, not more than three months and not less than two months before beginning to execute such improvement, given to the landlord, or his agent duly authorised in that behalf, notice in writing of his in- tention so to do, and of the manner in which he pro- poses to do the intended work, and upon such notice being given, the landlord and tenant may agree on the terms as to compensation or otherwise on which the improvement is to be executed, and in the event of Notice to land- lord as to improvement in First Schedule, Part II. p. XV. Form 8. Form I. Clause 17. 6 Agykiiltiiyal Jlo/t/iiigs (Iliiglaiui) Act, iSSj. any such agreement being made, any compensation payable thereunder shall be deemed to be substituted Form 9, for Compensation under this Act, or the landlord may, unless the notice of the tenant is previously withdrawn, undertake to execute the improvement himself, and ma}^ execute the same in any reasonable and proper manner which he thinks fit, and charge the /^;^^«/with a sum not exceeding five pounds per centum per annum on the outlay incurred in executing the improvement, or not exceeding such annual sum payable for a period of twenty-five years as will repay such outlay in the said period, with interest at the rate of three per centum per annum, such annual sum to be recoverable as rent. In default of any such agreement or undertaking, and also in the event of the landlord failing to comply with his undertaking within a reasonable time, the tenant may execute the improvement himself, and shall in respect thereof be entitled to compensation under this Act. Form 7. The landlord and tenant may, if they think fit, dispense with any notice under this section, and come to an agreement in a lease or otherwise between them- selves in the same manner and of the same validity as if such notice had been given. Drainage. Second part of the Schedule hereto — This deals only with drainage. Drainage is not defined. It may be difficult sometimes to say whether cleaning out and renewing old drains, where the tenant is not under covenant to repair, may be called drainage. Strictly speaking the Act only contemplates the making of new drains. Notice in writing — The notice need not specify anything more than the rough particulars of the work to be done. The tenant had better not estimate the cost. Reasonable and proper manner — If, after notice, the landlord elects to drain, he will not Ije bound by the notice, but may improve on the particulars contained in it, and charge a percentage on the whole amount. Unless the notice of the tettanf — These words are only inserted to prevent the tenant being absolutely bound by his notice, if the landlord elects to do the work. Upon such notice may agi-ee — The agreement need not be "fair and reasonable," as either party has a check upon the other, the tenant having power to drain, and the landlord to give notice to quit. By the last paragraph the parties may exclude the Act. See clauses 9 and 17, p. The zmprovcment is to he executed — The Act means " executed by the tenant " as ihe section provides, as an alternative, that the landlord may execute the improvement himself, and regulates the terms on Af^rkultnral Holdings (Engla7id) Act, iSSj. 7 which he may do so. If the landlord wish to do the drainage himself lie must either exclude the Act t)y agreement under the last paragraph or charge the percentage allowed by the section. Not exceeding five per cent. — There is no limit as to the time during Charge by which this may be charged. In practice the tenant would be very '"""^d owner, unwilling to pay interest after the life of the drain had expired, and on a change of tenancy the interest would merge in rent. An additional difficulty is created by sect. 29, which prevents a limited owner from charging the land beyond the lime when the improvement is taken to be exhausted. It will require a much higher rate than _;^5 per cent, to recoup principal and interest within such time, and yet the landlord might not be able to avail himself of the 25 years' term. It certainly seems unjust that, while the tenant's compensation is calculated by value, the cost to the landlord should be limited to outlay. 5. Where, in a case of a tenancy under a contract Reservation as of tenancy current at the commencement of this Act, future contmas any agreement in writing or custom, or the Agri- of tenancy. cultural Holdings (England) Act, 1875, provides specific compensation for any improvement comprised in the First Schedule hereto, compensation in respect of such improvement, although executed after the commencement of this Act, shall be payable in pursuance of such agreement, custom, or Act of Parliament, and shall be deemed to be substituted for compensation under this A.ct. Where in the case of a tenancy under a contract of p- "''"• tenancy beginning after the com^mencement of this Act, any particular agreement in writing secures to the tenant for any improvement mentioned in the third part of the First Schedule hereto, and executed after the commencement of this Act, fair and reason- App. i. able compensation, having regard to the circumstances existing at the time of making such agreement, then in such case the compensation in respect of such improvement shall be payable in pursuance of the particular agreement, and shall be deemed to be substituted for compensation under this Act. The last preceding provision of this section relating to a particular agreement shall apply in the case of a tenancy under a contract of tenancy current at the commencement of this Act in respect of an improve- ment mentioned in the third part of the First Schedule hereto, specific compensation for which is not provided by an)^ agreement in writing, or custom, or the Agricultural Holdings Act, 1875. Clause 10. 8 Agricultural Holdings (England) Act, iSS^. Specific coin- peiisatioa, wh: How ascer- tained. Fair and reasonable. Current at the eomnieneemeiit of the Aet — See as to contracts of tenancy "current at" and "beginning after" the commencement of the Act, sect. 6i, and the notes to sect. 33. Specific compensation — The Act does not necessarily mean that the compensation must be ascertained beforehand, but that it must be capable of ascertainment. A reduction of rent, or leave to commit breaches of the covenant, or waste made, or given in consideration of the execution of an improvement, and clearly referring to the improve- ment, would be probably held to be " specific compensation " within tfie sect., but not such reduction or leave, not referring to the improvement. This substituted compensation is payable "in pursuance of such agreement, custom, or Act," and is therefore prima facie to be ascer- tained and recovered in a Court of Law. By sect. 18, the provisions of the Act as to reference are so far extended to such agreements as to give the tenant the option of having compensation assessed by the referee, but the sect, gives the referee no power to decide whether the compensation is specific or not within the terms of the present sect. See p. xvii. stipra. Parttcnlar agreeinc7it in writing — These words exclude custom after the commencement of the Act. "Particular" probably only means that if the Act is excluded, it must be excluded expressly and not by implication. Fair and reasoiiable — It is impossible to define a "fair and reasonable agreement," or to suggest any tests beyond those mentioned on p. xvii. In those counties where the custom provides specific compensation this will probably be held to be fair and reasonable (see remarks on p. xviii). Where no such compensation is provided, some such clause as No. 10 of Appendix I, and the 2nd Schedule to that appendix may be used, or the compensation may be calculated by the Schedules to the Act of 1875. See the note on "specific compensation " supra, and p. xxiii. The last-fnentioned provision, &^c. — The meaning of this would appear to be that where there is no agreement providing specific com- pensation, the landlord may at once enter into an agreement with his tenant, providing fair and reasonable compensation and so exclude the Act. Regulations as to Ccrni^otsatio-n for Improvements. Regulations as to Compensation for Improve- ments. pp. xix., xxi. Form 31. 6. In the ascertainmeht of the amount of the com- pensation under this AcX. payable to the tenant in respect of any improvement there shall be taken into account in reduction theraof : (c?.) Any benefit which\the landlord has given or allowed to the tenant in consideration of the tenant executing the improvement ; and (J).) In the case of compensation for ma^inres the value of the maimre that would have been produced by the qonsumption on the holding of any hay, strawAroots, or green crops sold Agrkiiltiiral Holdings (England) Act, iS8j from the holding within the of the tenancy or other less the tenancy has endured, a proper return of inaniire has been made in respect of sold off or removed there- off or remove last two year time for whi except as far a! to the Jioldin^ such produce s from ; and (^.) Any sums due tc/ the landlord in respect of rent or in respect of any waste committed or permitted by the tenant, or in respect of any breach of covenant or other agreement connected wit i the contract of tenancy com- mitted by tht tenant, also any taxes, rates, and tithe rentlcharge due or becoming due in respect of tie Jiolding to which the tenant is liable as bet ,veen him and the landlord. There shall be taken of the tenant's compens {d.) Any sum due to in respect of a agreement obtain under this Act waste by the tenant or mitted or permitted i nto account m augmentation tion : the tenant for compensation breach of covenant or other CO mected with a contract of tenancy and committed by the landlord. Nothing in this section shall enable 2. landlord \.o compensation in respect of of breach by the tenant com- 1 relation to a matter of husbandry more than foir years before the determina- tion of the tenancy. In reduction i hereof — See introductory chapter p. xx. Any benefit — Such as a reduction of rent, a nominal rent on reclamation of waste land, leave to farm arable out of rotation, doing repairs and so on. See pp. xxi, xxii. and notes to sect. 5. It should be noted that the benefit must be "in consideration of the tenant executing the improvement," and must clearly refer to it. The value of the vianufe that would have been produced * * a pi-oper return of manure to the holding — Without such incessant over- looking of the farm, as no tenant would stand, and no landlord would be inclined to try, the landlord cannot tell how much hay and straw the tenant has sold off the holding, or how little manure he has brought on. What is "a proper return " to the holding will always be a troublesome question, and this sub-section will hardly be of much value to the landlord. In respect of any waste — It is not waste at common law, either wilful or permissive, to have the land uncultivated (HuTTON V. Warren, i M. L. W. 466), or to carry off straw and manure from the land (Johnson v. Goldswaine, 3 Anst. 749). What is a " benefit." What is waste. 10 Agricultnyal Holdings (England) Act, i8Sj. In relation to matters of liii^baiuhy. Perniisslve waste. No personal liability for tithe rent charge. Concurrent remedies in the High Court. Tlic most common acts of waste "in relation to matters of husbandry" arc : ploughing or breaking up ancient meadows (Co. Litt. 53a.], ploughing up strawberry beds (Wathrkf.i.i. z/. IIowEi.i.s.i Camp. 227), sowing land with mustard seed, flax, or other jiernicious crop|PRATT V. Hrett, 2 Madd. 62), ploughing up gardens (Simmons v. Norton, 7 Bing. 64S), cutting down fences (Co. Litt. 53a.). Other acts of waste are cutting timber trees {//>id.), opening gravel pits or mines, c>r digging for lime, clay, or stone (Com. Dig. Waste D. 4), draining ponds, not repairing banks against rivers (Co. Litt. 53a.), and pulling down build- ings [ibid.) There is also permissive waste, such as allowing building to fall out of repair ; and equitable waste, which is to commit any wanton and malicious act which damages the holding (Austin v. A. i Ves. Sen. 265). A tenant at will is not liable for jsermissive waste, and it is questionable if a tenant from year to year is so outside the term of his tenancy (Harnett v. Maitland, 16 M. and W. 257. 16 L. J. Exch. 134)- Tithe rent charge — The remedy for tithe rent charge is against the land. No person is personally liable for it, but the offgoing tenant may be sued by the landlord or incoming tenant who has been compelled to pay it. 14, 15 Vict. c. 25, sect. 4. (Griffenhoofe v. Daubuz, 4E. and B. 320. 24 L. J. Q. B. 20.) More than four years— T\\e Act only limits the right to compensation for .waste '■'■tinder this Act,''' so that it leaves the landlord free to commence an action in the High Court, if he pleases, concurrently with his remedies under this Act. A landlord will probably find it more to his advantage to overlook his farm once every three years Irom the time when the tenant entered. Then if the tenant is unsatis- factory, he can give him notice to quit, and set off the full amount of any waste in relation to a matter of husbandry. Notice of in- tended claim. pp. xxii., xxviii. Form 12. Claim under custom, &c. 7. A tenant claiming ccrnpensation under this Act shall, two months at least jbefore the determination of the tenancy, give notice in writing to the landlord of his intention to make suchlclaim. Where a tenant gives sucn notice, the landlord may, before the determination 4/" tJie tenancy, or within fourteen days thereafter, jgive a counter-notice in writing to the tenant of his Intention to make a claim in respect of any waste or any breach of covenant or other agreement. 1 Every such notice and coiMiter-notice shall state, as far as reasonably may be, thi; particulars and amount of the intended claim. < Shall not be entitled to compensation tinder this Act — As he would not be so entitled unless he gave the proper notices, and gave them in time, he might claim by sect. 57 under custom, agreement, or the Agricultural Holdings Act, 1875. The landlord viay . . make a claim — The landlord's claim for compensation consists of the matters in sect. 6. Agricultural Holdings (England) Act, iSSj. 1 1 As far as reasonably may be . . — These words ought not to prevent an increase of the claim afterwards, if the claimant finds that he has estimated it too low, but they will be sufficient to prevent a party Irom setting up an entirely fresh claim before the referee in respect of other matters. The party claiming must, it should be noticed, claim a specific sum A sum must be in respect of compensation. No right of appeal is given by sect. 23, specified, unless the "sum claimed" exceeds ;^loo : this it is submitted refers to the tenant's original claim only, and not to the sum total of the claims both of landlord and tenant. The Limitation "as far as reasonably may be" may very likely encourage parties to prefer all kinds of bolstered up claims for which there is not evidence, in the hope of a compromise, where, in the absence of the words, there would be no reference at all. 8. The landlord and the denant may agree on the amount and mode and time ipf payment of compensa- tion to be paid under this A4t. See note to sect. 24. 9. Where there is a rei ^rence under this Act, a referee, or two referees j,nd an umpire, shall be appointed as follows : — (i.) If the parties concin*, there may be a single referee appointed Iby them jointly : (2.) If before award me single referee dies or becomes incapal/le of acting, or for seven days after notice! from the parties, or either of them, requiring him to act, fails to act, the proceedings shall begin afresh, as if no referee had beeri appointed : (3.) If the parties do nfct concur in the appointment of a single refer|e, each of them shall appoint a referee : (4.) If before award// one of two referees dies or becomes incapable of acting, or for seven days after notice from either party requiring him to act, fals to act, the party appointing him shall apppint another referee : (5.) Notice of every appointment of a referee by either party| shall be triven to the other party : (6.) If for fourteen llays after notice by one party to the other! to appoint a referee, or another referee, the lother party fails to do so, then, on the application of the party giving notice, Compensation agreed or settled by reference. p. XXX. Form 13. Appointment of referee or referees and umpire. pp. xxx.-xxxiii. Form 17. Forms 17, ig. Form 17. Forms 17, 19. Form 18. Form 18. Forms 32, 33. Form 27. Form 27. Form 23. Forms 32-33. Single referee. " Actina;." Summons in County Court for appointment of referee or umpire. Requisition for appointment of umpire by Land Com- missioners, &c. p. xxxii. Forms 24, 25, 26. 12 AgrindtKral Hohii)igs (England) Act, i88j. the county court s lall within fourteen days appoint a compctj^nt and impartial person to be a referee : e appointed, then (subject of this Act) they shall n the reference appoint an (7.) Where two referees to the provision.' before they enter umpire : (8.) If before award an Lmpire dies or becomes incapable of acting! the referees shall appoint another umpire : (9.) If for seven days ^ter request from either ail to appoint an umpire, then, on the application county court shall within and (10.) Every appointment, this section shall b for seven days party the referees or another umpire, of either party, the fourteen days appoint a competent impartial person tc be the umpire : lotice, and request under in writing. 11 proceed to the reference with- Sub-scct. (i) — The single referee w out anything further being done under this section. Sub-sect. (2) — "Acting" on the part of a referee will probably be the first proceeding which he takes, such as appointing a day for a hearing, or enlarging his time for delivering the award. Sub-sect. (6) — Order 34 r. 7 of the County Court Rules, 1875 (issued under the Agricultural Holdings Act, 1875, of which this section was part) provides that every application for the appointment of a referee or umpire shall be by summons, sealed with the seal of the court, and returnable not less than seven days from the date thereof except by consent. The summons shall be taken out by the party applying, and shall be addressed to the other party, and shall direct the parly summoned to attend at the judge's or registrar's chambers (as the case may be) on the return day thereof, for the purpose ot proceeding with the appointment asked for. The summons shall be personally served by the applicant's solicitor. The appointment may be made by endorsement on the summons. Sub-sect. (7) — " Subject to the provisions of this Act." See sect. 10. Sub-sect. (8) — It will be noticed that the Act does not provide for the contingency of the umpire failing to act. Sub-sect. (9) — See note to sub-sect. (6). 10. Provided that, whele two referees are appointed, an umpire may be appointed as follows : (i.) If either party, on appointing a referee, re- quires, by notice m wTiting to the other, that the umpire shall Qe appointed by the Land Commissioners for England, then the um- pire, and any suqpessor to him, shall be Agricultural Holdings (Englayid) Act, iSSj. 13 appointed, on the application of either party, by those Commis >ioners. (2.) In every other c;.se, if either party on appointing a referee requires, by notice in writing to the ot| ^r, that the umpire shall be appointed by tlJ; county court, then, unless the other party dissents by notice in writing therefrom, the umpire, and any successor to him, shall on tl?e application of either party be so appointed; i nd in case of such dissent the umpire, and a ly successor to him, shall be appointed qn/ the application of either party, by thej iLand Commissioners for England. 1 1 Sub-sect (i) on appointing a referee — The appointment of a referee is a condition precedent to such a requisition, and notice can only be given on such appointment. Sub-sect. (2) — There is no date for the dissent. 11. The powers of the Iti?;////)' court under this Act Exercise of relative to the appointrJent of a referee or umpire county coun. shall be exerciseable by ■ he judge of the court having jurisdiction, whether he is without or within his district, and may, by > :onsent of the parties, be exercised by the registrai of the court. By consent — Such consent should be expressed on the summons, 12. The delivery to al referee of his appointment Mode of -^ubmis- shall be deemed a subrmission to a reference by the p.'xxxj^ erence. party delivering it ; ana neither party shall have power to revoke a submission, or the appointment of Forms 20, 21. a referee, without the consent of the other. 13. The referee or referets or umpire may call for Power for the production of any sailiple, or voucher, or other rtquTrepro'Juc- document, or other evidencfe which is in the possession 1'°"°^'^°':"- or power of either party, produce, and which to umpire seems necessary matters referred, and mai men ts, ad minister r which either party can oaths. &c. c ^ f. "^ p. XXXllI. e reieree or reierees or or determination of the Form 30. take the examination of the parties and witnesses on oath, and may ad- minister oaths and takq affirmations : and if any person so sworn or affirijiing wilfully and corruptly gives false evidence he shlll be guilty of perjury. 14 Agnciiltiiyal llold'nigs [lliiglaiid) Act, iSSj. Power to proceed in absence. Form ag. Form of award pp. xxxiv. XXXV, 17- Form 31. Time for award of referee or referees. p. xxxiii. Form 22. 'f Award in respect of compensation under ss. 3, 4, 5. pp. xvii, xix. Which is in the possession or pozvcr — This limitation considerably narrows the value of this section, as, unless samples, vouchers, and documents, are kept by the parties, the referee may call in vain for the proiluction of them. See p. xxv. and App. i, clause i6. 14. The referee or refercfcs or umpire may proceed in the absence of either paity where the same appears to him or them expedient, lafter notice given to the parties. * 15. The award shall b(^ in writing, signed by the referee or referees or umpn;e, The referee should be very careful in making his award, as a mistake once made cannot be altered when the award is executed. (Mordue ■V. Palmer, L.R. , 6 Ch. 22 : 40 L. J. Ch. i.) The only remedy in such a case is by appeal to the County Court to impeach the award as invalid, and this can only be done when the sum claimed is over ;!f 100. The Court will then amend the award, or remit it to be amended. See note to sect. 17. The award must be stamped at the rate of 3d. for every £^ up to ;!f200 ; under £^^^0, 15s. ; under ;^750, £1 ; under ;^i,ooo, £\ 5s. ; and above ^1,000, ;^i 15s. 16. A single referee shall make his award ready for delivery within twenty-eight days after his appointment. Two referees shall make their award ready for delivery within twenty-eight days after the appoint- ment of the last appointed of them, or within such extended time (if any) as they from time to time jointly fix by writing under their hands, so that they make their award ready for delivery within a time not exceeding in the whole forty-nine days after the ap- pointment of the last appointed of them. 17. In any case provided for by sections 3, 4, or 5, if compensation is claimed under this Act, such com- pensation as under any of those sections is to be deemed to be substituted for compensation under this Act, if and so far as the same can, under the terms of the Agreement, if any, be ascertained by the referees or the umpire, shall be awarded in respect of any improvements thereby provided for, and the award shall, when necessary, d stinguish such improve- ments and the amount awar led in respect thereof ; and an award given under this section shall be subject to the appeal provided. by the Act. Agricultural Holdings (England) Act, iS8j. 15 If and so far as ihe same can — The section, which is by no means clear, is discussed on pp. xvii.-xix. supra. If the terms of the agree- ment contain any arbitration clause such as Clause 29 of Appendix i, or any other mode of assessing the compensation specified in the agree- ment, the section, it is submitted, ought not to apply. If, however, in spite of the agreement, the tenant chooses to claim under the Act, and referees or an umpire think that the matter is within their province and award him compensation, the landlord would appear to have no remedy, unless the amount awarded is above ;^ioo, in which case he could impeach the award under sub. -sect. 2 of sect. 23. Valuers perhaps are hardly likely to take such a course, though something of the kind seems to be contemplated by sect. 23. 18. Where two referees ire appointed and act, if they fail to make their ;.ward ready for delivery within the time aforesaid, t len, on the expiration of that time, their authority siall cease, and th^ereupon the matters referred to the n shall stand referred to the umpire. The umpire shall make h is award ready for delivery within twenty-eight days af :er notice in writing given to him by either party or referee of the reference to him, or within such extended time (if any) as the registrar of the county cou.'t from time to time ap- Forms 35, 36 points, on the application o "the umpire or of either party, made before the expiration of the time ap- pointed by or extended under this section. Twenty eight days after — Exclusivp of the day on which matters were referred [Re Higham, 9 Dowl 203.) Application of the w?ipire, &^c. — The application must be by sum- mons in chambers. The Act_ does not fix any limit to extension of time by the Registrar. Reference to and award by umpiie. p. xxxiv. Form 28. generally Award to give •U1 particulars. possible, p. xxxiv. 19. The award .shall no award a sum for compensation, but shall, so far as specify — (a.) The several improve Tients, acts, and things in Forms respect whereof compensation is awarded, and the several matters and things taken into account under the provisions of this Act in reduction for augmentation of such compensation ; 1 (/;.) The time at which each improvement, act, or thing was execulted, done, committed, or permitted ; / (r.) The sum awarded in respect of each improve- ment, act, matter, and thing ; and i6 Agrictdtural Holdi)igs {England) Act, i88j. Costs of reference. pp.xxviiu,xxxiii. Costs. Day for payment. p. XXXV. Form 31. {d.) Where the lanMord desires to charge his estate with thlp amount of compensation found due to the tenant, the time at which, for the purposes of such charge, each im- provement, act, 4)r thing in respect of which compensation is awarded is to be deemed to be exhausted. | See p. xxxiv., and notes to sect. 23. 20. The costs of and eluding the remuncratiot attending the reference, in- of the referee or referees and umpire, where the uiVipire has been required to act, and including other proper expenses, shall be borne and paid by the pai ties in such proportion as to the referee or referee ; or umpire appears just, regard being had to the reasonableness or unreason- ableness of the claim of amount, or otherwise, and of the case. The award may direct t either party in respect of to all the circumstances of e payment of the whole or any part of the costs aforfesaid by the one party to the other. The costs aforesaid sha the reg^istrar of the county review by the judge of the 1 be subject to taxation by court, on the application of eitlier party, but that taxation shall be subject to county court. Other proper expenses — The propriety of the expenses will be matter for the Registrar, and Judge of the County Court. It is unfortunate that this is so, for a Registrar or County Court Judge is not perhaps the person best qualified to decide upon the necessity for the production of samples, and the attendance of witnesses, even if he were to go into the facts as carefully as the referee has done. 21. The award shall fis month after the delivery ment of money awarded or otherwise. I a day, not sooner than one the award, for the pay- |or compensation, costs, or Submission not to be removable, &c. p. XXXV. 22. A submission or awfard shall not be made a rule of any court, or be rtmovable by any process into any court, and an award shall not be questioned otherwise than as provided jby this Act. See notes to sects. 15 and 23. 2^ Agricultural Holdings {England) Act, iSSj. ij 23. Where the sum claimed for compensation ex- Appeal to ceeds ^loo, either party may, within seven days after *'p"xxxv!"'^ dehvery of the award, appeal against it to the judge of the county court on all or any of the following grounds : (i.) That the award is invalid ; (2.) That the award proceeds wholly or in part Fo™ 37 upon an improper application of or upon the omission properly to apply the special provisions of sections 3, 4, or 5 of this Act ; (3.) That compensation has. been awarded for im- provements, acts, or things, breaches of cove- 38 (a) (b) 39. nants or agreements, or for committing or per- mitting waste, in respect of which the party claiming was not entitled to compensation ; (4.) That compensation has not been awarded for improvements, acts, or things, breaches of covenants or agreements, or for committing or permitting waste, in respect of which the party claiming was entitled to compensation ; and the judge shall hear and determine the appeal, and may, in his discretion, remit the case to be re- heard as to the whole or any part thereof by the referee or referees or umpire, with such directions as he may think fit. If no appeal is so brought, the award shall be final. The decision of the judge of the county court on appeal shall be final, save that the judge shall, at the request of either party, state a special case on a ques- tion of law for the judgment of the High Court of Justice, and the decision of the High Court on the case, and respecting costs and any other matter con- nected therewith, shall be final, and the judge of the county court shall act thereon. Sjim claimed for coDtpensaiion exceeds £,\, subsect. I, of the Agricultural Holdings (England) Act, 1875, {i.e., subsect. I of the present section) a statement of the several objections to the validity of the award on which he relies. (2.) If the appeal is on any of the grounds mentioned in subsect. 3 of the last-mentioned section, a statement showing in respect of what matters compensation is alleged to have been improperly awarded. (3.) If the appeal is made on any of the grounds mentioned in subsect. 4 of the last-mentioned section, a statement shewing in respect of what matters compensation is alleged to have been improperly withheld. (4.) No ground of appeal shall be allowed at the trial unless the foregoing provision of this rule, shall, in respect of such ground, have been complied with. (5.) The names, in full, and address of the respondent and of the appellant, and of his solicitor, if the proceedings are commenced through a solicitor. By r. 3, the registrar shall, within 24 hours after the filing of the concise statement, transmit a copy thereof by post to every respondent at the address furnished to him, accompanied by a notice requiring the respondent to comply with the provisions of the next following rule according to the form in the schedule (Form 38 infra.) By r. 4, the respondent shall, within eight days after the trans- mission of the grounds of appeal to him, deliver to the registrar a statement in writing, signed by himself or his solicitor, disclosing the matters required by the notice. By r. 5, the judge shall hear and determine the appeal, and the order thereupon may be enforced in the same manner as any other judgment of the court. By r. 6, upon receipt of the statement mentioned in r. 4, the regis- trar shall transmit a copy thereof, and of the award and grounds of appeal, to the judge, who shall, as soon as conveniently may be, appoint a time and place for the hearing of the appeal, and instruct the registrar to give notice thereof, forthwith, to the parties. By r. 8, all rules, for the time being, in force regulating the conduct of appeals by way of special case, shall apply to appeals from the judge to the High Court of Justice so far as circumstances will permit. It is contrary to all precedent to allow an appeal against an award made by arbitrators chosen by the parties. Agricultural Holdings [England) Act, i88j. 19 An improper application. — Sec pp. xvii-xix and the notes to sect. 17. It will be a matter entirely in the discretion of the referee whether he awards compensation under a substituted agreement, or whether he refuses to make an award on the ground that he cannot ascertain com- pensation consistently with the terms of the agreement. Where there is any specific compensation provided by the agreement, and any arbitra- tion clause, this latter would appear to be the proper course for the releree to take. If there is no arbitration clause, he will assess the compensation due under the agreement by his award, in the manner provided Ijy the Act. That the award is invalid— T\\Q award, generally speaking, will When award is be invaliil, if it goes beyond the submission {Nedman on Arbitration, invalid. page 1 10) ; if it does not decide all the points submitted (unless the terms of the submission shew that the parties did not intend every point to be decided by the referee, Wrightson v. Bywater, 3 M & W 199, L.J. 7, Exch., 83), that is to say, if it is not a complete determination of all the matters submitted by the parties to the referee or umpire, but is uncertain, or not final or impossible ; if the amount is uncertain, as for instance, if the referee ordered the payment of arrears of rent without saying how much the arrears were ; if the award upon the face of it shews a plain mistake (Cornfcrth v. Geer, 2 Vern : 705). If the award is bad in part and good in part, and the parts can be separated, the good part may be enforced (DoE v. Cox, 15 L.J., Q B., 317 ; II Jur., O.S., 991 ; 4 Dowl & L. P.C. 75). If the referee give his reasons and they are wrong ones, his award will very possibly be upset (per Wilde, C. J., Toby v. Lovjbond, 17 L.J, C. P. 202 ; 12 Jur., o.s., 436). Shall hear and deter iniiie . . and may . . remit — The Court must hear the case and detemiine the points in dispute. It may then, if it thinks fit, remit the case to the referees or umpire to make a further award. But the Court may also make an award itself on the hearing instead of remitting to the referees. Such a power is to be regretted, as it will involve examination of scientific witnesses and the re-opening of the whole matter at great expense. Unless the Court chooses to decide upon the unsupported testimony of landlord and tenant, the referees must be examined to ascertain how they arrived at their conclusions. 24. Where any money agreed or awarded Recovery of or ordered on appea l to be paid for compensation, compensation, costs, or otherwise, is not paid within fourteen days p- xxxvi. after the time when it is agreed or awarded ■%^ <^fdergd to be paid, it shall be recoverable, upon Form 39. order made by the judge of the coitnty court, as money ordered by a county court under its ordinary jurisdiction to be paid is recoverable. Or othemnse — The words " by sect. 8 " must be read in here. The Act can never have contemplated that money agreed to be paid under a substituted agreement under sects. 3, 4 or 5, should be recoverable in the county court if not paid within fourteen days Such compensa- tion is payable in pursuance of the agreement. The word " aL;reed " in this section evidently refers to an agreement under sect. S, which would be an agreement for " compensation under the Act." 20 Agricultural Holdings {England) Act, j88j. Within fourteen days — Tlic fourteen days will run from the date of the agreement between the parties under sect. 8, or from the date when the award is delivered to the party sought to be charged. " After the time when it is awarded," can hardly mean from the ilate of the award, as hardship might occur if the referee did not notify the award to the parties charged. The time limited for payment is very short, and if the incoming tenant pays the valuation, the provisions of the section may lead to some inconvenience. As money ordered by a county court, 'Sj'c. — See, however, the provisions of sect. 31. Money ordered by a county court under its ordinary jurisdiction to be paid is recoverable by (l) execution against the goods of the debtor, by (2) commitment under a judgment summons, and by (3) attachment of debts under a garnishee order. A summons would in most cases appear to be necessary under this section for an order on which to ground the execution, as the section says that the sum shall be recoverable only " upon order made by the judge of the county court." The ordinary form of summons on a plaint for a liquidated sum will, therefore, be applicable to every such case, except the case where the money is ordered to be paid on appeal. In this latter case, the warrant Application by a of execution will be grounded on the order of the court. When the person noc a application is made by some person, not a party to the action, an order must be obtained upon summons for payment. The leave of the registrar must then be obtained before the execution can issue. Order 15 rr. 5-8 of the County Court Rules, 1875, provides for recovery by, and proceedings against, survivors, persons not parties to the action, and representatives of a deceased person. And see forms in Pitt-Lewis Coy. Court Pract., No. 136 et seq. The order may be an order charging the estate with the payment. Proceedings under this section. party. Appointment of guardian. p. xxviii. Forms 34, 36. Costs. 25. Where a landlord or tenant is an infant without a guardian, or is of unsound mind, not so found by- inquisition, the county conrt, on the appHcation of any person interested, may appoint a guardian of the infant ox person of unsound mind for the purposes of this Act, and may change the guardian if and as occasion requires. On the application of any person interested — No provision is made for the costs of the person applying. They should be asked for at the hearing of the summons, under sect. 27. Provisions respecting married women. p. xxvui. Forms 24, 36. 2^„ Where the appointment of a person to act as the next friend of a married woman is required for the purposes of this Act, the county court may make such appointment, and may remove or change that next friend if and as occasion requires. A woman married before the commencement of the Married Women's Property Act, 1882, entitled for her separate use to land, her title to which accrued before Agricultural Holdings {Ejigland) Act, 18S3. 21 such commencement as aforesaid, and not restrained from anticipation, shall, for the purposes of this Act, be in respect of land as if she was unmarried. Where any other woman married before the com- mencement of the Married Women's Property Act, 1882, is desirous of doing any act under this Act in respect of land, her title to which accrued before such commencement as aforesaid, her husband's con- currence shall be requisite, and she shall be examined apart from him by the county court, or by the judge of the county court for the place where she for the time being is, touching her knowledge of the nature and effect of the intended act, and it shall be ascertained that she is acting freely and voluntarily. 27. The costs of proceedings in the county court costs in county under this Act shall be in the discretion of the court. The Lord Chancellor may from time to time pre- pp. xxviii. xxxiii. scribe a scale of costs for those proceedings, and of costs to be taxed by the registrar of the court. See Note to sect. 25. 28. Any notice, request, demand, or other instru- senkeof ment under this Act may be served on the person to "°"'^^' ^^^ whom it is to be given, either personally or by leaving p- -^^^i"- it for him at his last known place of abode in England, or by sending it through the post in a registered letter addressed to him there ; and if so sent by post it shall be deemed to have been served at the time when the letter containing it would be delivered in ordinary course ; and in order to prove service by letter it shall be sufficient to prove that the letter was properly addressed and posted, and that it contained the notice, request, demand, or other instrument to be served. Charge of Tenant's Compensation. 29. A landlord, on paying to the tenant the amount Power for due to him in respect of compensation under this p%ing compen- Act, or in respect of compensation authorised by charBe.'° "^""'^ this Act to be substituted for compensation under this pp-\x>:vi. Act, or on expending such amount as may be neces- Form^. 22 Agricultural lIoldin;!;s {Eni^^laiul) Act, i88j. sary to execute an improvement under the second part of the First Schedule hereto, after notice given by the tenant of his intention to execute such im- provement in accordance with this Act, shall be entitled to obtain from the county court a charge on the holding, or any part thereof, to the amount of the sum so paid or expended. The court shall, on proof of the payment or ex- penditure, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, make an order charging the Jiolding, or any part thereof, with repayment of the amount paid or expended, with such interest, and by such instal- ments, and with such direction for giving effect to the charge, as the court thinks fit. See p. 7- But, where the landlord obtaining the charge is not absolute owner of the holding for his Ovvn benefit, no instalment or interest shall be made payable after the time when the improvem£jit-4n_xespet±sidiereof-com^ pensation is paid wnW JfvA^^xe^ an-aw^ii1 U-^^.1]■"■ II \\TM\e^ b e take tt-ta~~ havc been e^dh auotcd aecoidiug to the dec laration of the award, and i Tr~g:ny other case after' t he ti me when .arL y such improvement will -/ in the opinion of the'^urt, after hearing such evicience (if any), as it thinks expedient, have become exhausted. The instalments and interest shall be charged in favour of the landlord^ his executors, administrators, and assigns. The estate or inter-est of any landlord holding for an estate or interest determinable or liable to for- feiture by reason of his creating or suffering any charge thereon shall not be determined or forfeited by reason of his obtaining a charge under this Act, any- thing in any deed, will, or other instrument to the contrary thereof notwithstanding. 45 & 46 Vict. Capital money arising under the Settled Land Act, 1882, may be applied in payment of any moneys ex- pended and costs incurred by a landlord under 'or in pursuance of this Act in or about the execution of any improvement mentioned in the first or second parts of the schedule hereto, as for an improvement authorised by the said Settled Land Act ; and such c. 38. Agrictdtiiral Holdings {England) Ac/, iS8^. 23 money may also be applied in discharge of any charge created on a holding under or in pursuance of this Act in respect of any such improvement as aforesaid, as in discharge of an incumbrance authorised by the said Settled Land Act to be discharged out of such capital money. A landlord on faying — See sects. 30, 31 and 56. These words exclude the incoming tenant who pays compensation to the outgoing tenant from charging his payments on the holding. He may himself obtain compensation on quitting. The court shall, iS^c. — This provision it will be noticed is imperative. Checks upon It is not veiy easy to understand to what the "observance in good limited owners, faith " and so on, refers. But it is probably meant to be a check to prevent limited owners from obtaining money from a land company under sect, 32 for compensation which has never been paid. In such case, proof of the consent and notice required by sects. 3 and 4 and of the due execution and unexhausted value of the improvement (if there has been no award), will be necessary before the court will charge the holding. Direction for siving effect to the charge — such as a power of sale. Powers of sale, In addition to the powers of distress and entry conferred by the Land ^'^• Improvement Act, 1864, sect. 3, aland company having a charge for drainage works executed by them upon glebe lands belonging to a rectory, were held entitled to sell the glebe to pay the arrears of the charge. (Scottish Widows' Fundw. Craig, 20 Ch. Div. 208; 51 L.J. Ch. 363.) This would appear to be the most reasonable course to take when the charge is in arrear, as no tenant would be found to take lands with the liability of distress for the charge in arrear. The Act may create a great hardship on those clergy whose sole Hardship on the endowment is glebe lands. If times are bad and rents fall the glebe clergy. may be sold by the mortgagee to pay the charges, and thus the endow- ment will be lost to the incumbency. By sect. 39 however, " the powers by this Act conferred," which it is presumed includes the power of charging the holding with sums paid for compensation, shall not be exercised by an incumbent landlord except with the previous approval in writing of the Governors of Queen Anne's Bounty. In every such case the Governors may, if they think fit, advance the money to pay compensation, and take a charge on tiie holding themselves. Where the landlord . . . is not absolute owner — With respect to Limited owners, drainage, see note to sect. 5 " not exceeding five per cent., (tc." A 'andowner entitled in fee will obtain no benefit by a charge. A life tenant or other limited owner may obtain a charge in his own favour, in which case if he die his representatives may continue to take the benefit of the charge, or he may recoup himself his capital by mortgaging the land under sect. 32, and then if he die the remainder- man will bear part of the cost. This part of the section is for the benefit of the remaindermen, as it prevents the life-owner from re- couping himself entirely at the expense of the estate, by limiting the number of years over which the instalments are to be spread. Charges will of course rank in order of time. Where land is in mortgage, the rights of mortgagees are preserved by sect. 30, limiting the charge to the interest of the landlord and to interests sub- sequent to that of the landlord. Mortsagees. 24 Ag7'iiultnral Holdings {England) Act, i88j. Charge of incumbrance on other part of laud. By sect. 5 of llic Settled Land Act, 1882, it is enacted that, " Where on a sale exchange or partition there is an incumbrance affecting the land sold or given in exchange or on partition, the tenant for life with the consent of the incumbrancer, may charge that incumbrance on any other part of the settled land, whether already charged therewith or not, in exoneration of the part sold or so given, and, by conveyance of the fee simple, or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, make provision accordingly." Arising under the Settled Land Act. — This section practically only increases the niunber of improvements to which sects. 25-29 of the Settled JLand Act apply, by adding to sect. 25 of that Act, the making of silos and the laying down of permanent pasture. See sect. 41. Incidence of charge. Searches for charges by purchaser. Underleases. Who are assigns. 30. The sum charged by the order of a conitty court under this Act shall be a charge on the holding, or the part thereof charged, for the latidlord's interest therein, and for all interests therein subsequent to that of the landlord ; but so that the charge shall not extend beyond the interest of the landlord, his executors, administrators, and assigns, in the tenancy where the landlord is himself a tenant of the holding. All interest subsequent to that of the landlord — i.e. subsequent in order of time and inferior to the landlord's interest. The Act, by making the charge bind only subsequent interests, saves the rights of mortgagees and other persons having interests superior to the landlord, whilst it will extend to bind the land in the hands of a subsequent mortgagee or purchaser. An intending purchaser of Agricultural Holdings will therefore have to make searches for charges in the county court as an additional expense to his purchase. Where the landlo7-d is himself a tenant —i.e., where a tenant under- leases, and the underlessee obtains compensation from the tenant, who charges it upon his holding. Though the executors or administrators of the deceased tenant, and the assignee of his interest will take it burdened with the charge, such a charge will not bind the underlessee's interest. Assigjis — The word "Assigns" is a term of well-known signification, comprehending all those who take either immediately or remotely from or under the assignor, whether by conveyance, devise, descent or act of law. — Baily v. De Crespigny, L.R., 4 Q.B., i8o ; 38 L.J., Q.B., 100; 19 L.T. (O.S.) 618. A trustee in bankruptcy is probably included in the word "Assigns," as he might disclaim the tenant's interest if the charge was onerous. (By sect. 61 tenant includes trustee in bankruptcy of a tenant.) But with this and like exceptions it is presumed that the Act means "voluntary assigns," and not assigns thrust upon him by Act of Parliament, such as a company taking land under compulsory powers — Baily v. De Ckespigny, supra. Provision in case of trustee. 31. Where the landlord is a person entitled to receive the rents and profits of any holding as trustee, Agricultural Holdings {England) Act, i88j. 25 or in any character otherwise than for his own benefit, the amount due from such landlord in respect of compensation under this Act, or in respect of compensation authorised by this Act to be substituted for compensation under this Act, shall be charged and recovered as follows and not otherwise ; (that is to say,) (i.)The amount so due shall not be recoverable personally against such /^?;?. L.R. 4 Ch. App. 630 : 38 L.J. Bkcy. 9) are not ii.xtures. It should be remembered that all chattels not fi.xed to the soil are distrainable for rent. After the commencement of this Act : — This section only applies to Fixtures erected chattels fi.xed to the soil after the 1st of January, 1884. previous to With respect to chattels fixed prior to that date, the general rule J^"- '^'> '^^■*' is, that a tenant who has affixed anything to the freehold during his tenancy cannot remove it without his landlord's consent. To this rule there are considerable exceptions in favour of trade governed mainly by the principles laid down in Hellawell v. Eastwood, supi-a, but these exceptions did not extend to agriculture. 14-15 Vict. c. 25, sect. 3 ^I85I), contained provisions enabling a tenant of a farm or lands to remove any farm building, either detached or otherwise, or any other building, engine, or machinery, erected either for agricultural purposes, or for the purposes of trade and agri- culture, erected with the consent in writing of the landlord, which shall not have been erected or put up in pursuance of some obligation in that behalf Under such Act the tenant before removal must give his landlord a month's notice in writing, to enable him to elect to purchase the fixtures ; the value to be ascertained by two referees, one chosen by each party, or their umpire. The present section is a re-enactment of sect. 53 of the Agri- cultural Holdings Act, 1875, but is compulsory in its application ; and the 1875 Act contained (sect. 53) an additional proviso, that the section should not apply to a steam engine erected by the tenant, if, before erecting it the tenant had not given notice to the landlord, or if the landlord in writing had objected. The rights under previous Acts are preserved by sect. 62 of this Act. Such fixture shall be the property of and be removable by the tenant : — when tenant Independently of this Act, the tenant could only remove fixtures may remove during his term, or during a certain time alter its expiration, during fixtures, which he has a right to consider himself in possession still as tenant. {Re Lavies, 7 Ch. Div. , 127 : 47 L.J., Bankcy., 22 : 37 L.T., 613.) A nice point may arise, whether a trustee in bankruptcy who gives Bankruptcy. notice to remove the fixtures, and afterwards disclaims the lease, can, after disclaimer remove the chattels. If he disclaim before giving notice of removal, it is clear that he cannot remove, since he is after the disclaimer no longer a "tenant" (defined in sect. 61 as the holder of land under a landlord). But when he has paid rent owing and performed his obligations in respect of the holding and given the month's notice of removal, the Act says, the fixtures shall ''be the property of ?^\\A be removable by the tenant," and it is submitted that he would clearly have a right to remove them after the tenancy has been put an end to by the dis- claimer. But see the last paragraph of sect. 61. {See Lavies re, 7 Ch. Div. 127, 47 LJ Bank, 22 : 37 L.T. 613. Latham re, 19 Ch. Div. 7: 50 LJ Ch. 711 : Sir W. Hart Dyke ^./., 22 Ch. Div. 410: 52 LJCh. 570.) 30 Agricultural Holdings {England) ylct, i88j. Set ofT under Perform or satisfy all otlicr Jits obligations to tlie landlord with * ■ respect to his Jioldiii.1 : — IJcsidcs lieiiig ohlij^cd lu pay up his arrears of rent, the tenant will have t(j settle with his lantllord lor all Ijreaches of covenant, waste, and bad farming coniniitted by him before he can remove his hxtures from the soil. Aiiv avoidable damage: — Landlords will prol:)al)ly be content to spend their money in repairs, rather than in an action about "avoid- able damage." A reference — as in case of compensation : — See above pj). 10-17. Crozvn and Duchy Lauds. Application of 35. Tliis Act shall extend and apply to land lands? ^'^°''" belonging to her Majesty the Queen, her heirs and successors, in right of the Crown. With respect to such land, for the purposes of this Act, the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or one of them, or other the proper officer or body having charge of such land for the time being, or in case there is no such officer or body, then such person as Her Majesty, her heirs or successors, may appoint in writing under the Royal Sign Manual, shall represent Her Majesty, her heirs and successors, and shall be deemed to be the land- lord. Any compensation payable under this Act by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or either of them, in respect of an improvement mentioned in the first or second part of the First Schedule hereto, shall be deemed to be payable in respect of an improvement of land within 9-30 Vict., c. 62, sect. I of the Crown Lands Act, 1866, and the amount thereof shall be charged and repaid as in that section provided with respect to the costs, charges, and expenses therein mentioned. Any compensation payable under this Act by those Commissioners or either of them, in respect of an improvement mentioned in the third part of the First Schedule hereto, shall be deemed to be part of the expenses of the management of the land revenues of the Crown, and shall be payable by those Commis- •sioners out of such money and in such manner as the last-mentioned expenses are b)^ law payable. Sect. I of the Crown Lands Act, 1866 — By this section the cost of improvements is charged upon the capital of the land revenue of the S. I Agriadtural Holdings [England) Act, i88j. 31 Crown, and repaid out of income. The section docs not provide for substituted compensation, unless compensation payable under this Act is intended to mean "compensation under this Act and compensation authorised by this Act to be substituted for compensation under this Act." 36. This Act shall extend and apply to land be- Application of longing to Her Majesty, her heirs and successors, in Duchy of"^°^ right of the Duchy of Lancaster. Lancaster. With respect to such land for the purposes of this Act, the Chancellor for the time being of the Duchy shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord. The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the first and second part of the First Schedule to this Act shall be deemed to be an expense incurred in improvement of land belonging to Her Majesty, her heirs or successors, in right of the Duchy, within sect. 25 of the Act of the 57th year of King George the Third, Chapter 97, and 570003,097, shall be raised and paid as in that section provided ^' ^^' with respect to the expenses therein mentioned. The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the third part of the First Schedule of this Act shall be paid out of the annual revenues of the duchy. See notes to sect. 35. 37. This Act shall extend and apply to land belong- Appiicauonof ing to the Duchy of Cornwall. DucSo" Co°n- With respect to such land, for the purposes of this ^^"• Act, swc:h person as the Duke of Cornwall for the time being, or other the personage for the time being entitled to the revenues and possessions of the Duchy of Cornwall, from time to time, by sign manual, warrant, or otherwise, appoints, shall represent the Duke of Cornwall, or other the personage aforesaid, and be deemed to be the landlord, and may do any act or thing under this Act which a landlord is autho- rised or required to do thereunder. Any compensation payable under this Act by the Duke of Cornwall, or other the personage aforesaid, in 32 Agricultural Holdings {England) Act, J88j. respect of an improvement mentioned in tlie first or second part of the First Schedule to this Act shall be deemed to be payable in respect of an improve- 26-27 Vict., c. 49, ment of land within sect. 8 of The Duchy of ^•^* Cornwall Management Act, 1863, and the amount thereof may be advanced and paid from the money mentioned in that section, subject to the provision therein made for repayment of sums advanced for improvements. See notes to Section 35- Ecclesiastical and Charity Lands. Landlord, arch- 38. Where lauds are assigned or secured as the isiopor IS op. Qj-KJowment of a see, the powers by this Act conferred on a landlord shall not be exercised by the archbishop or bishop, in respect of those lands, except with the previous approval in writing of the estates committee of the Ecclesiastical Commissioners for England. Landlord, incura- 39. Wlicre a landlord is incumbent of an eccle- ene ce. gj^gj-j^-g^l bcncfice, the powers by this Act conferred on a landlord shall not be exercised by him in respect of the glebe land or other land belonging to the bene- fice, except with the previous approval in writing of the patron of the benefice (that is, the person, officer, or authority who, in case the benefice were then vacant, would be entitled to present thereto), or of the Governors of the Queen Anne's Bounty (that is, the Governors of the Bounty of Queen Anne for the Augmentation of the Main- tenance of the Poor Clergy). In every such case the Governors of Queen Anne's Bounty may, if they think fit, on behalf of the in- cumbent, out of any money in their hands, pay to the tenant the amount of compensation due to him tinder this Act ; and thereupon they may, instead of the incumbent, obtain from the county court a charge on the holding, in respect thereof, in favour of them- selves. Every such charge shall be effectual, notwithstand- ing any change of the incumbent. See notes to section 29. Agricultural Holdings {England) Act, i8Sj. 33 40. The powers by this Act conferred on a la7id- Lanriiord, lord in respect of charging the land shall not be ex- &cT"^ trustees ercised by trustees for ecclesiastical or charitable pur- Ss. 29 and 39. poses except with the previous approval in writing of the Charity Commissioners for England and Wales. Resumption for Iviprovenients and Miscellaneous. 41, Where on tenancy from year to year a notice to Resumption of quit is given by the landlord with a view to the use cotTages°"&c.'^ of land for any of the following purposes : ^Yo^m ""' The erection of farm labourers' cottages or other houses, with or without gardens ; The providing of gardens for existing farm labourers' cottages or other houses ; The allotment for labourers of land for gardens or other purposes ; The planting of trees ; The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connection therewith ; The obtaining of brick earth, gravel, or sand ; The making of a watercourse or reservoir ; The making of any road, railway, tramroad, siding, canal or basin, or any wharf, pier, or other work connected therewith ; and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding. In every such case the provisions of this Act respecting compensation shall apply as on dctcrniina- tio7i of a tenancy in respect of an entire holding. The tenant shall also be entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit, and in respect of any depreciation of the value to him of the residue of the holding, caused by the withdrawal of that land from the holding or b)^ the use to be made thereof, and the amount of that reduction shall be ascertained by agreement or settled D 34 Agricultural Holdings [England) Act, iSSj. Form 5. Then current year. by a reference under this Act, as in case of compen- sation (but without appeal). The tenant shall further be entitled, at any time within twenty-eight days after service of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire Jiolding, to take effect at the expiration of the then current year of tenancy ; and the notice to quit shall have effect accordingly. Relates to part only of the lioldhig — Independently of the Act, and of agreement, a notice for part only of the holding is a bad notice. (Doe v. Archer, 14 East, 245.)— See clause 28, App. i. Settled by a reference — The whole expense of a reference must be undertaken to ascertain some very minute reduction, unless the parties can agree. The tenant shall further be entitled — The words " then current year " give the tenant power to determine the tenancy at less than a year's notice. Suppose in a Lady-Day tenancy the landlord on P'ebruary 1st gives notice to quit on the 25th March year, and the tenant accepts it as notice to quit on the 25tli of March then next. If the "then current year" apply to the tenant's notice, the section would have' some startling consequences, both as to compensation and the necessary notices for it. Again, suppose in a Lady-Day tenancy the landlord gives notice on the 23rd of March, and the tenant on the 4th of April accepts the landlord's notice to quit the entire tenancy, it cannot be possible in such a case that the " then current year " should apply to the landlord's notice. Provision as to 42. Subjcct to the provlsious of this Act in relation limited owners. ^^ Crown, duchy, ccclesiastical, and chanty lands, a landlord, whatever may be his estate or interest in his holding, may give any consent, make any agreement, or do or have done to him any act in relation to improvements in respect of which compensation is payable under this Act which he might give or make or do or have done to him if he were in the case of an estate of inheritance owner thereof in fee, and in the case of a leasehold possessed of the whole estate in the leasehold. Settled Land Act Do or have done to him any act — This section should be considered s. 25-29 Scheme yvith the provisions of sects. 25-29 of the Settled Land Act, 1882, so be submitted referring to the execution of improvements by a tenant for life or trustees. By sects. 25-27 and 29 of that Act, a tenant for life may execute or may "join or concur with any other person interested " in executing the improvements mentioned in sect. 25 of the Act (which include, roughly speaking, all the improvements in Parts i and 2 of the schedule to this Act), or in contributing to the cost thereof. By sect. 26 of the Settled Land Act the tenant for life must submit Agricultural Holdings {England) Act, iSSj. 35 the scheme of improvement to the trustees if the money is in their hands, or to the court, if the money is in court, before he can apply the capital money arising by sale or otherwise in payment for the iminove- ment, and lie must also obtain a certificate of the land commissioners or of an engineer or able jiractical surveyor approved by them, or an order of court, certifying that the work has been properly executed, or directing the trustees so to apply the money. By sect. 28, the tenant for life and his successors must maintain and repair the improvements made. If then the landlord joins with the tenant in executing an improve- ment, and bears part of the cost, he may charge any compensation paid to the tenant in respect of his share on the land under the present section. If he wish to have his own share of the cost, and the compensation paid to the tenant repaid him out of capital moneys, he must obtain the approval and certificate above mentioned. 43. When, by any Act of Parliament, deed, or other Provision in case instrument, a lease of a holding is authorised to be "f^;^^^^'-^^''^" °f made, provided that the best rent, or reservation p- ^'^• in the nature of rent, is by such lease reserved, then, whenever any lease of a holding is, under such authority, made to the tenant of the same, it shall not be necessary, in estimating such rent or reservation, to take into account against the tenant the increase (if any) in the value of such holding arising from any improvements made or paid for by him on such JwldiniT. PART II. and time. pp. -xi., xxxviii. Distress. 44. After the commencement o f this Act it shall Limitation of not b e lawful for any landlord entitled to the rent of any holding to which this Act applies to distrain for rent , w hich became due i n respect of such holding morc th an one vcar before the making of such distress. except in the case of arrears of rent in respect of a limding to which this Act applies existing at the time of the passing of this Act, which arrears shall be recoverable by distress up to the ist day of January, 18S5, to the same extent as if this Act had not passed. Provided that where it appears that according to the ordinary course of dealing between the landlord 36 Agricultural Holdings {England) Act, iSSj. Effect of section. Rent payable io advance. Limitation of distress in respect of things to be distrained, pp. xii., XXXV ii. and tenant of a holding the payment of t he rent of such h olding^ has been all owed to be delerrea until the expiration of a quartcFot a year or h alt a year alter t he date at which such rent lei^ally became d ue, then for the purpose of this section the rent ot such Jiolding shall be deemed to have beco me due at the expiration of such quarter o r h all year a s atoresaid, as the case may b e, and not at tlie elate at which it legally became due. ——--—---——-—-----—--________———— To distrain — Rent may still be recovered by action within the six years limited by 3-4 Will. 4, c. 27, sect. 42, though limited by the section as regards the right of distress. Due . more than one year— The effect of the clause (as stated by Mr. Dodson) is that, if a landlord have half a year's rent due to him at Lady-Day, 1884, and finother half-year's rent due at Michael- mas, 1884, he could allow these two half-years' rent, being one year's rent to remain in arrear up to one day short of Lady-Day, 18S5, and then he could distrain for one year's rent, because every part of it had become due within one year. The proviso in agreements for payments of the last half year's rent in advance will probably be more commonly resorted to. See App. I, Clause 7. 7 he making of such distress — The distress is made by entry on the lands demised, and by seizure, either actual or formal of the chattels distrained. Ordinary course of Dealing — Whether rent has fallen into arrear in the ordinary course of dealing will probably be a frequent cause of dispute in case of illegal distress. In many districts it is not the custom to call upon a tenant for his rent until nearly six months after it is really due. This proviso only preserves the right of distraint for " a quarter of a year or half a year " longer. As if this Act had not beeti passed — i.e., the rent due on December 25th, 1883, may be recovered by distress at any time before December 25th, 1889. 45. Where live stock belonging to another person has been taken in by the tenant of a holding to which this Act applies to be fed at a fair price agreed to be paid for such feeding by the owner of such stock to the tenant, such stock shall not be distrained by the landlord for rent where there is other sufficient distress to be found, and if so distrained by reason of other sufficient distress not being found, there shall not be recovered by such distress a sum exceeding the amount of the price so agreed to be paid for the feeding, or if any part of such price has been paid exceeding the amount remaining unpaid, it shall be lawful for the owner of such stock, at any time before it is sold, to Agricultural Holdings {England) Act, i88j. 37 redeem such stock by paying to the distrainer a sum equal to such price as aforesaid, and any payment so made to the distrainer shall be in full discharge as against the tenant of any sum of the like amount which would be otherwise due from the owner of the stock to the tenant in respect of the price of feeding : Provided always, that so long as any portion of such live stock shall remain on the said holding the right to distrain such portion shall continue to the full extent of the price originally agreed to be paid for the feeding of the whole of such live stock, or if part of such price has been bond fide paid to the tenant under the agreement, then to the full extent of the price then remaining unpaid. Agricultural or other machinery which is the bond fide property of a person other than the tenant, and is on the premises of the teiiant under a bofia fide agreement with him for the hire or use thereof in the conduct of his business, and live stock of all kinds which is the bond fide property of a person other than the tenant, and is on the premises of the tenant solely for breeding purposes, shall not be distrained for rent in arrear. Live stock — includes by sect. 6 1 " any animal capable of being dis- trained." A fair price — some precautions against fraud are necessary to prevent abuse of this section, otherwise it will be found that on a distress being made all the cattle belong to some relation under an agreement for agistment. Whether proper notice was given that the stock was privileged will be a matter for decision under sect. 46. Where there is other sufficient dist7-ess to be found — Independently of Principle of this section, cattle which are upon the land iDy way of agisting may be ppvilege from distrained for rent. (Woodfali, L. & T., citing Roll. Abr. 669). Mellor, J., in Miles v. Furber, L.R.,8 QB., 77 ; 42 L.J., Q.B., 41 ; 27 L.F., 756, remarks — -"I cannot help thinking that if it were shown that a person exercised the trade of agisting cattle, the same principle would apply as in the case of a pawnbroker," i.e. that the cattle would be absolutely privileged from distress as things delivered to a person exercising a public trade to be managed in the way of his trade. (Swire v. Leach, 18 C.B., (N.S.,) 479; 34 LJ., C.P., 150 ; 11 L.T., 180 ; II Jur., 179). The amount of the price — See sect. 46 as to procedure for settling the fairness of the price. Agricultural and other machinery — There is no definition of the worcl machinery in the Act. It would probably be held to be confined to mills, steam engines, threshing machines and chattels of a like nature. If it includes ploughs and all kinds of farming implements, it may have the effect of developing a trade in the hire of such distress. 38 jigriculhtral Holdings {England) Act, iSSj. Remedy for wrongful distress under this Act. p. xxxviii. Form 44. Form 45. implements, and so leaving a farmer's cajiital free to increase his stock, instead of spending it in expensive implements and machinery. Bona fide property — Sec sect. 46. 46, Where any dispute arises — {a) in respect of any distress having been levied contrary to the provisions of this Act ; or {b) as to the ownership of any live stock distrained, or as to the price to be paid for the feeding of* such stock ; or {c) as to any other matter or thing relating to a distress on a holding to which this Act ap- plies : such dispute may be heard and determined by the county cow't or by a court of summary jurisdiction, and any such county court or court of summary jurisdiction may make an order for restoration of any live stock or things unlawfully distrained, or may declare the price agreed to be paid in the case Avhere the price of the feeding is required to be ascertained, or may make any other order which justice requires : any such dispute as mentioned in this section shall be deemed to be a matter in which a court of summary jurisdiction has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction Acts ; but any person aggrieved by any decision of such court of summary jurisdiction under this section may, on giving such security to the other party as the court may think just, appeal to a court of general or quarter sessions. Levied contrary to the provisions of this Act — that is to say (i) distress for rent due more than a year before the making of the distress ; (2) distress of livestock or agricultural machinery contrary to the provi- sions of sect. 45 ; (3) making charges contrary to the provisions of sect. 49 ; (4) distraining for more than the balance, after set oft" of com- pensation. Any other matter or thhig — for instance, Who is the "landlord," "tenant," or " owner " of gof)ds distrained; whether proper notice that the chattels were privileged were given ; what is "machinery" ; what is the " conduct of his business ; " the bona fides of the property in machinery, and of the agreement for its hire and use (sect. 45) ; the amount of security to be given on appeal (sect. 45) ; whether the place to which gO'idsare removed is a " fit and proper place ; " the reasonable- ness of the costs and expenses attending a removal ; whether damage to the goods and chattels removed is damage "arising therefrom" (sect. 50) ; the suf&ciency of the security for additional costs (sect. 51) ; and so on. Agricultural Holdings {England) Act, i88j. 39 May be heard and dttermined — the section is voluntary, and does not l)ar the existing remedy in the High Court for illegal or excessive distress. Clause 29 of Appendix i will generally be found useful. Cou7t of Summary y iirisdiction — By sect. 50 and sect. 20, sub-sect. 9 of the Summary Jurisdiction Act, 1879, this must be a court consist- ing of two or more justices. Which justice requires — Such as an order for payment of the price declared or damages for the unlawful distress- Any person ai;grieved — As the decision of the court of summary jurisdiction, unless appealed from, would be conclusive as to the pro- perty in the goods, it would appear reasonable to adopt the con- struction of the Court of Appeal in ^. /. Learoyd /wn'FouLDS (L.R., 10. Ch. Div., 3 ; 48 J-.. J., Bkcy., 17; 39 L.T., 525, decided on sects. 10, II of the Bankruptcy Act, 1869), on the words " person aggrieved," namely, that a third person whose title to property is affected by the decision, such as a bill of sale holder, is entitled to appeal. 47. Where the compensation due under this Act, Set-off of com- or under any custom or contract, to a tenant has been p^^^^^"°" agamst ascertained before the landlord distrains for rent due, the amount of such compensation may be set off against the rent due, and the landlord shall not be entitled to distrain for more than the balance. Any custom or contract — Valuations for away-going crops, uncon- sumed produce or tillages, may be set off against arrears of rent. 48. An order of the county court or of a court of Ex-c'usion of summary jurisdiction under this Act shall not be "''"°''^'- quashed for want of form, or be removed by certiorari or otherwise into any superior court. 49. No /^rj^;? whatsoever making any distress for Limitation of y / /rent on a holding io which this Act applies when the d?s'rVss.'''''^ °^ l/A/^iy^^ sum demanded and due shall exceed the sum of Z A') /'/'ctwenty pounds for or in respect of such rent shall be 7 / -^ entitled to any other or more (tosts and charges for and f <^ in respect of such distress, or dlny matter or thing done ? ' therein than such as are fiked and set forth in the Second Schedule hereto. ' Shall exceed t^venty pounds — The charges, where the sum dis- trained for does not exceed this sum are regulated by 57 Geo. Ill, c. 93. It may be noticed that by sect. 6 of this statute eveiy broker has to give a signed copy of his charges and of all the costs and charges of the distress to the pers^^n whose goods are distrained. 50. So much of an Act passed in the second year Repeal of 2 w. i-i of the reign of their Majesties, King William the Third asVo^'kppraite-' jD ' and Mary, chapter five, as re(|uires appraisement be ment and sale at public auction. A- Form 41. Inventory still necessary. 40 Agricultural Holdings {England) Act, i88j. fore sale of goods distr lined is hereby repealed as respects any holding to n^hich this Act applies, and the landlord or other person levying a distress on such holding may sell the g( ods and chattels distrained without causing them to De previously appraised ; and for the purposes of sale the goods and chattels dis- trained shall, at the request in writing of the tenant or owner of such goods and \chattels, be removed to a public auction room, or to Wome other fit and proper place specified in such request, and be there sold. The costs and expenses attending such removal, and any damage to the goods and chattels arising there- from, shall be borne and paid by the party requesting the removal. Appraisement — The appraisement is generally endorsed on the inventory, and the two are one document. But the section does not relieve per.-ons making a distress from the necessity, after seizure, of giving to the tenant a notice with an inventory containing an account of everything taken under the distress, and of the amount of rent in arrear, in compliance with the statute 2 W. & M., c. 5 (Kerby v. Hardipjg, 6 Exch., 234; 20 L.J., Exch., 163). The inventory will bear a los. stamp, under the Stamp Act of 1870. Under the old law, the broker appraising was bound to offer the goods at the appraised price to the debtor or his nominee. If bought, the goods were free from distress until fresh rent was due and from the claims of creditors. This has probably been overlooked in the present section. Be removed to . fit and proper place — After making the inven- tory the goods are impounded, generally on the premises, though they may be impounded either on or off the premises. Unless the tenant or owner request their removal in accordance with this section, the goods impounded on the premises may be sold there. (11 Geo. II., c. 19, s. 10). Goods impounded elsewhere will be sold where they are impounded. There is an exception in the case of sheaves or cocks of corn, corn loose in the straw, or hay, which must be impounded and sold where found (2 W. & M., c. I., s. 5), and growing crop-;, which when ripe must be cut and impounded in the " barns or proper place on the pre- mises," or if there is no such place, in a barn or place liired by the land- lord as near as may be to such premises (11. Geo. II., c. 19., s. 8.) This section may do away with the necessity of paying a man in possession, but the tenant may be charged by the broker or auctioneer for ware- housing the goods pending the sale. Costs and expenses . . . damage arising therefrom — See notes to sect. 46. Extension of 51. Thc pcriod of five/ days provided in the said at^reques^'^'f '^^'^ °^ William aud Mart, chapter five, within which 'enant. thc tcuaut OX owncr of gfJods and chattels distrained Where goods are impounded. Sheaves of corn and growing crops. ^ Agricultural Holdings {England) Act, i(SSj. 41 may replevy the same shall, in the case of any distress on a Jiolding to which thij Act applies, be extended to a period of not more \hin fifteen days, if the tenant or such owner make a reqi est in writing in that behalf Form 42. to the landlord OY other person levying the distress, and also give security foi any additional costs that / may be occasioned by sue h extension of time. Pro- k<^^uCc^ vided that the landlord or Derson levying the distress may, at the WTitten reque5t or with the written con- Form 43. sent of the tenajit, or such Dwner as aforesaid, sell the goods and chattels distraiaied or part of them at any time before the expiration! of such extended period as aforesaid. Period of Jive days — These five days were reckoned exclusive of the day of distress and the day of sale. (Robinson z;. Waddington, 15 Q.B., 753; 18LJ., Q.B. 250.) The words of the statute were, "within five days next after such distress taken, " and " after . expiration of the said five days." The five days have been a very fruitful source of dispute between landlord and tenant. Owing to the time being so short, there has not been a good attendance at the sale ; or, if the tenant has given a verbal hold-over, he has afterwards disputed it. Also give security for any additional costs — The section does not say by whom such additional costs are to be paid. It may be a question whether such additional costs would include a possible depreciation in value of the effects, owing to a fall in the market or other circumstances i 52. From and after the no person shall act as a hi any holding to which this be authorised to act as :ommencement of this Act iilifif to levy any distress on ct applies unless he shall J^^ge bailiff by a certificate in Bailiffs to be appointed by County Court writing under the hand of (the judge o{ s. county court ; and every county court jiidge shall, on or before the 3 1 St day of December, 1883, and afterwards from time to time as occasion shall require, appoint a competent number of fit and proper! persons to act as such bailiffs as aforesaid. If any person so appointed shall be proved to the satisfactipn of the said judge to have been guilty of any extortion or other misconduct in the execution of his duty as a bailiff, he shall be liable to have his appointment summarily cancelled by the said judge. A^ 42 Agricultural lloldiugs [E upland) Act, iSSj, PART III. Commencement of Act. General Provisions. 53. This Act shall come into force on the ist day of January, 1884, which day is in this Act referred to as the commencement of this Act. Exceptionornon- agricultural and Sii.all holdings. Gardens. Allotments. 54. Nothing in this Act shall apply to a holding that is not either wholly agricultural or wholly pastoral, or in part agricultural, and as to the residue pastoral, or in whole or in part cultivated as a market garden, or to any holding let to the tenant during his con- tinuance in any office, appointment, or employment of the landlord. Shall apply to a holding — The referee must decide whether the Act applies. As many nice questions may arise as to the application of ihe Act this is an additional inducement to exclude it. Market gardens — By tlie use of these words, gardens are by implica- tion excluded from the Act, though the making of gardens is one of the . improvements in the schedule. Query if cottage garden is included in " market garden." The Act may have a very injurious effect on the system of small allotments to labourers, whicli are a kind of property by no means profit- able to landlords and very troublesome to agents, unless the Act is evaded by letting the allotments in weekly or monthly tenancies. Some effects will probably result which were not contemplated by the framers of the Act. By the Allotments Extension Act, 1882, trustees of lands vested in them for the benefit of the poor are compelled to let them in allotments not exceeding one acre to the first applicant on a yearly tenancy commencing at Michaelmas. Office, afpointnient, or employment — This would seem to give an opening for an evasion of the Act. 55. Any contract, agreement, or covenant made by a tenant, by virtue of which he is deprived of his right to claim compensation under this Act in respect of any improvement mentioned in the First Schedule hereto (except an agreement providing such compensation as is by this Act permitted to be substituted for compensation under this Act), shall, so far as it deprives him of such right, be void both at law and in equity. Whether tenant Deprived of his right to claim compensation — The right to claim com- can contract pensation does not arise until the tenant has executed the improvements himself out of the Act. Avr idance agreement ii consistent wil Act. pp. ix., xxiii. of Agriculttiral Holdings {England) Act, iSSj. 43 * and given the necessary notices. Tliere would appear, therefore, to be nolliing in the Act to prevent a tenant contracting not to execute improvements at all, or without leave of his landlord, though if he broke his contract he might claim compensation, and leave his land- lord to his action for the breach. piitchased from outgoing tenant. 56. Where an incoming tenant has, with tlie consent Right of tenant in writing of his landlord, paid to an outgoing Improvement"^ tenant any compensation payable under or in pur- suance of this Act in respect of the whole or part of any improvement, such incoming tenant shall be entitled on quitting the holding to claim com- pensation in respect of such improvement or part in like manner, if at all, as the outgoing tenant would have been entitled if he had remained tenant of the holding, and quitted the holding at the time at which the incoming tena?it quits the same. In like manner if at all — Probably the provisions of this section will be largely used, as they will enable landlords to avoid the indebted- ness and mortgages to companies contemplated by sects. 29-32. In many cases the improvements will have exhausted themselves before the incoming tenant quits the holding. The landlord, though he may have been taking reduced rent in consequence of the incoming tenant's outlay, will not be paying money out of pocket or charging the holding. The incoming tenant should be most careful to keep all receipts and vouchers in respect of such payments, and the award made for com- pensation, so as to be able to prove his claim when the time arises, as otherwise it might be impossible, owing to lapse of time, to obtain evidence of value. igtibe entitled t o claim compen- compensation ■ se than m marmeFiutFo- J!""!." w- ^'''° •^ 57. A tenant shall sation bv _custo m or rised by this Act fn rcsbect ofany improvement for pp. xm, xxu. Av'iich lie js entitled to! compensation under or in ' p ursuance Cif t ]-iis_Act, bjlt w here he is" not entitled to compensation under or ifFpiIrsuance of this Ac Fhe may ""recover cc^nipcnsatipTf under any other Act of Parliament, or an\' agreeipent or custom, in t he same manner as if this Act iuid iiot been passed. Entitled lo compensation — If the tenant neglect to give the proper notices he w-ill not be entitled to compensation. Any other Act of Parliament — See sect. 62. {b) and (c). 58. A tenant who has remained in his Jwlding Provision as to during a change or changes of tenancy, shall not tlnaTy."^ thereafter on quitting \\\?>holdiitg at the determination p. xiv. 44 Agricultural Holdings {England) Act, i88j. Object of section. Restriction in lespect of im- provements by tenant about to quit. p. XX., xxi. Form 2. Form 6. General saving of rights. of a tcnajicy be deprived of his right to claim compen- sation in respect of improvements by reason only that such improvements were made during a former tenancy or tenancies, and not during the tenancy at the determination of which he is quitting. CJiangc or changes of tenancy — This section was introduced, accor- ding to Mr. Dodson, to strengthen the words in sect, i, "on quilting his holding" in the interests of a tenant, who, during the currency of a lease had taken more land. See the notes to sect, i as to the modes by which a change of tenancy may be effected. This section will also apply to a tenant at will becoming tenant from year to year, or to a tenant having a term holding over at the expiration of the term. 59. Subject as in this section mentioned, a tenant shall not be entitled to compensation in respect ofairy improvements, othe r th-^^"* innn?/re s as defined by this Act, begun by him, if he holds from year to year, within one year before he quits his holdings or at any time after he has given or received final notice to quit, and, if he holds as a lessee, within one year before the expiration of his lease. A final notice to quit means a notice to quit which has not been waived or withdrawn, but has resulted in the tenant quitting his holding. The foregoing provisions of this section shall not apply in the case of any such improvement as aforesaid — (i.) Where a tenant fr om year to year has begu n such improvement during the last year of his tenancy, and, i n pursuance of a notice to quit thereafter given by the landlord, h as quitted Ills holdvig at the ^expiration of that ye ar ; and (2.) Where a tenant, whether a tenant from year to year or a lessee, previously to beginning any such improvement, has served notice on his landlord of his intention to begin the same, and the landlord has either assented or has failed for a month after the receipt of the notice to object to the making of the improve- ment. 60. Except as in this Act expressed, nothing in this Act shall take away, abridge, or prejudicially affect any po\\'er, right, or remedy of a landlord, tenant, Agricultural Holdings {England) Act, i88j. 45 or other person vested in or exerciseablc by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a contract of tenancy or other contract, or of any improvements, waste, emblements, tillages, away-going crops, fixtures, tax, rate, tithe, rentcharge, rent, or other thing. Right to bring actions for waste and illegal or excessive distress in the High Court are instances of rights saved by this section, and customs as to valuation between incoming and outgoing tenant are preserved. 61. In this Act interpretation. " Contract of tenancy " means a letting of or agree- ment for the letting land for a term of years, or for lives, or for lives and years, or from year to year : A tenancy from year to year under a contract of pp- xi"-. xiv., tenancy current at the commencement of the ^' "" ' Act shall for the purposes of this Act be deemed to continue to be a tenancy under a contract of tenancy current at the commencement of this Act until the first day on which either the landlord or tenant of such tenancy could, the one by giving notice to the other immediately after the commencement of this Act, cause such tenancy to determine, and on and after such day as aforesaid shall be deemed to be a tenancy under a contract of tenancy beginning after the commencement of this Act : " Determination of tenancy" means the cesser of a pp. 1-3. contract of tenancy by reason of effluxion of time, or from any other cause : "Landlord" in relation to a holding means any pp. 44, 25. person for the time being entitled to receive the rents and profits of any holding: " Tenant " means the holder of land under a land- p. 29- lord for a term of years, or for lives, or for lives and years, or from year to year : " Tenant " includes the executors, administrators, pp. so, 21, 25 assigns, legatee, devisee, or next-of-kin, husband, '"^' guardian, committee of the estate or trustees in bankruptcy of a tenant or any person de- riving title from a tenant ; and the right to 46 Agricultural Holdings {England) Act, iSSj. receive compensation in respect of any improve- ment made by a tenant shall ensure to the benefit of such executors, administrators, assigns, and oihcr persons as aforesaid : p. 42. " Holding " means any parcel of land held by a tenant : " County court," in relation to a holding, means the county court within the district whereof the holding or the larger part thereof is situate : " Person " includes a body of persons and a cor- poration aggregate or sole : p. 36. " Live Stock" includes any animal capable of being distrained : . p. 8. " Manures " means any qjf the improvements num- bered twenty-two aind twenty-three in the third part of the First Schedule hereto : p. 29. The designations of landlord and tenant shall con- tinue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act. A tenancy from year to year — i.e., for a Lady Day tenancy, the 25th of March, 1S85, and for a Michaelmas tenancy, the 29th of September, 1885. See the notes to sect. 33, and the difficulty there suggested as to notices given before Jan. ist, 1884. Repeal of Acts 62. On and after the commencement of this Act, of 187s and 1876. the Agricultural Holdings (England) Act, 1875, and the Agricultural ^Holdings (England) Act, 1875, Amendment Act, 1876, shall be repealed. Provided that such repeal shall not affect — {a) Anything duly done or suffered, or any pro- ceedings pending under or in pursuance of any enactment hereby repealed ; or {h) any right of a tenant to compensation in respect of improvements to which the Agricultural Holdings (England) Act, 1875, applies, and which were executed before the commencement of this Act ; or (r) any right to compensation in respect of any improvement to which the Agricultural Hold- ings (England) Act, 1875, applies, although executed by a tenant after the commencement Agricultural Holdings {England) Act, iSSj. 47 of this Act if made under a contract of tenancy- current at the commencement of this Act ; or {d) any right in respect of fixtures affixed to a holding before the commencement of this Act ; and any right reserved by this Section may be enforced after the commencement of this Act in the same manner in all respects as if no such repeal had taken place. 63. This Act may be cited for all purposes as the shon title of Act, Agricultural Holdings (England) Act, 1883. 64. This Act shall not apply to Scotland or Limits of Act. Ireland. FIRST SCHEDULE. (8.) Making o wells, o PART I. IMPROVEMENTS TO WHICH CONSENT OF LAND- LORD IS REQUIRED. (i.) Erection or enlargement of buildings. (2.) Formation of silos. (3.) Laying down of permanent pasture. (4.) Making and planting of osier beds. (5 ) Making of water meadows or works of irrigation. (6.) Making o gardens. (7.) Making 01 improving of roads or bridges. ) • improving of watercourses, ponds, reservoirs, or of works for the appli- cation ojf water power or for supply of water for agripultural or domestic purposes. (9.) Making of fences. (10.) Planting of hops. (11.) Planting (if orchards or fruit bushes. (12.) Reclaimirg of waste land. (13.) Warping )fland. (14.) Embankment and sluices against floods. PART II. IMPROVEMENT IN RESPECT OF WHICH NOTICE TO LANDLORD IS REQUIRED. (15.) Drainagi. 48 Agricultural Holdings {England) Act, i88j. PART III. IMPROVEMENTS TO WHICH CONSENT OF LAND- LORD IS NOT REQUIRED. (i6.) Boning of land with undissolved bones. (17.) Chalking of land. (18.) Clay-burning. (19.) Claying of land. (20.) Liming of land. (21.) Marling of land. ^ (22.) Application to land of purchased artificial or ) other purchased manure. ' (23.) Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. SECOND SCHEDULE. Levying distress. Three per centum on any sum exceeding ^20 and not exceeding ^50. Two and a half per centum on any sum exceeding;^ 50. To bailiff for levy, £1. is. To man in possession, if boarded, 3s. 6d. per day ; if not boarded, 5s. per day. For advertisements, the sum actually paid. To auctioneer. — For sale five pounds per centum on the sum realised not exceeding £100, and four per centum on any additional sum realised not exceeding i^ioo, and on any sum exceeding ;^200 three per centum. A fraction of ;^i to be in all cases considered ^i. Reasonable costs and charges where distress is withdrawn or where no sale takes place, and for negotiations between landlord and tenant respecting the distress ; such costs and charges in case the parties differ to be taxed by the registrar of the county court of the district in which the distress is made. APPENDIX I. AGREEMENT FOR A LEASE. Applicable to a Lady-Day Tenancy, or a Michaelmas Tenancy. (!•) An Agreement, made the day of Panics. between A.B. of [or CD. agent for A.B. of] [who, together with his heirs and assigns, and the person or persons for the time being entitled to the premises, hereby demised expectant on the term hereby granted is hereinafter called the landlord], of the one part, and CD. of [who, to- gether with his executors, administrators and assigns, is hereinafter called the tenant] of the other part. 1. The landlord agrees to let, and the tenant to take Parcels, the farm and premises situate in the parish of , in the County of , and particularly described in the first schedule hereto and hereinafter called the farm, for the term of one year from the day of and so on from year to year, determinable at the end of the first or any subsequent year on [one year's] six calendar months' notice in writing to quit, at the rents and upon the conditions hereinafter expressed, which the landlord and tenant hereby agree respectively to pay and perform. 2. Sect/on thirty-three of the Agricultural Holdings s. 33 excluded (England) Act, 1883, shall not apply to this tenancy. Reservations and Rents. 3. The landlord excepts and reserves to himself all trees, Reserv.-itions. saplings, underwood and plantations whatsoever [save such as are comprised in the first schedule], and all mines, minerals and quarries, with free access for himself and all persons authorised by him to fell, cut, win, work and carry away the same, and also to enter for the purpose of viewing, and if necessary, of erecting buildings, making roads, gardens, drains, water- courses, plantations and alterations, and of executing repairs, and ascertaining the state and condition of the farm. Also E Term. Notice to quit. Ss. 33, 59. S. 41. See lause 28. 50 'Ippoulix. Rent, p. xxiii. Kent«; and penakics. Rents and penalties, how paid. Rent, when pay- able in advance, S. 44. Repairs. S. 6, all game, wildfowl ami fisl) [save as provided by the Oround Game Act, 1880], and nests, and eggs of game with the right for himself, his friends and servants at all times to enter the farm for the ])urpose of sporting and preserving the same. 4. The tenant shall pay a rent for the farm of j[^ per annum, clear of all deductions by four ecjual quarterly payments on the usual quarter days. The first payment shall be made upon the day of 5. The tenant shall pay a further yearly rent at the rate of £^ for every acre oi meadow, pasture, or woodlands now let, or of land which may by mutual agree- ment be laid down to pasture or wood, which shall be pared or broken up without the consent of the landlord and a further yearly rent at the rate of £^ for every acre of the arable land which shall not be cultivated in the manner hereinafter mentioned without such consent, and a further yearly rent at the rate of £, for every acre for any land above two acres which shall be sown or set with hemp, flax, or rape grown to seed, or potatoes without such consent, and a further yearly rent of ^ for every tree or sapling which the tenant shall wilfully cut down or injure without such consent. 6. Such further rents shall be paid by equal quarterly payments clear of all deductions in manner above mentioned, and shall be recoverable by distress, and the first payment shall become due on the first quarter-day next after the event on which the same shall become payable. If the tenancy shall be determined under clause 21, the tenant shall pay a proportionate part of all rents, tithe rent charges, rates, taxes, and other outgoings then accruing due for the fraction of the current quarter up to the date of such determination. 7. If at any time in any year of the tenancy, the landlord shall give to the tenant or leave at the farm house a notice in writing requiring the tenant immediately to pay all rents which should become payable from the quarter-day pre- ceding such notice to the Lady-Day \or the 29th of September] following, on the delivery of such notice, such rent shall become due and payable in advance, and may be recovered by distress or otherwise as rent in arrear. La?idlord's Agreements. 8. [ Where tenant does repairs. — The landlord shall find all materials in the rough for repairs to be done by the Appendix. 5f Drainage by landlord, S. 4 p. XV. tenant. [ Where landlord does repairs. — Except as provided by clause 17 the landlord shall find all materials for repairs, and shall do all such repairs to the farm, including painting, as may from time to time be found necessary, 9. [ Wliere the landlord does drainage. — The landlord shall do all new draining at his own cost, and shall charge the tenant interest on the cost incurred in respect thereof at the rate of jQ per cent, per annum, and the same shall be recoverable by distress, or otherwise, as rent in arrear. This agreement shall be in substitution for the provisions of section 4 of the Agricultural Holdings (England) Act, 1883, and all notices under that section shall be dispensed with. 10. The landlord shall, on the tenant quitting at the determination of his tenancy [provided that the tenant has paid the rents, and performed the conditions of this Agree- '" ^^^ ^ ""'^'='' ment], pay the tenant allowances in respect of the matters mentioned in the second schedule hereto at the rates therein mentioned. Such allowances shall be in substitution for any compensation to which the tenant would be entitled under the Agricultural Holdings (England) Act, 1883, in respect of any matters contained in the 3rd part of the ist schedule to that Act. Agreement as to compensation for improvements Tenanfs Agree/nents. 1 1. The tenant shall pay all rates, taxes, tithes, tithe rent charges, assessments, and outgoings of every description (except landlord's property tax), now or hereafter payable in respect of the farm. Any of such payments shall, if required by the landlord, be paid to him, and in case the tenant shall make default in any of such payments, the landlord may recover the same by distress, or otherwise, as rent in arrear. 12. In addition to the valuations hereinafter mentioned, the tenant will pay to the outgoing tenant any allowances or compensation which may be due to him in respect of any of the matters in the second schedule hereto. 13. The tenant shall farm and manage all parts of the farm in a good husbandlike manner, keeping and leaving it clean, free from weeds, and in good condition. He shall have at least one-fourth of the arable land in clean summer, or turnip fallow, in every year, and shall also, with the first crop of corn after such fallow, sow good clover or grass seeds. 14. The tenant shall not, from any of the lands, take E 2 Rates and Taxes, &c. S. 6. Payment of compensation by incoming to out- going tenant. S. 56. Cultivation. [Note.- Paras. 12 and 13 are applicable to the four course sys- tem. They must he varied accord- ing to the rota- tion of cropping {if any) intended to be enforced. Rotation of Crops. 52 Appendix. To consume hay, htraw und manure, S:c. S. 6. (b.) Vouchers and Samples. To mow grass land- Drains and outfalls. Drainage by tenant. S. 4. p. XV. more than two white crops under the same course of tillage, nor two successive crops of the same kind of corn, and he shall, with one of such white crops, lay down the land with clover or grass seeds. \^Here will come any special cflvcna7its rendered necessary by the. custom of the estate or district in which the farm is situated.^ 15. The tenant shall consume, upon the farm, all hay, straw, fodder, haulm, chaff, roots, and green crops, grown thereon, and spread thereon all manure (except as herein- after mentioned) arising thereon. He shall not sell or dispose of any part thereof without the landlord's consent in writing. If the same, or any part thereof, shall be taken and sold under a distress for rent, or an execution for debt, or otherwise, it may be sold, subject to a condition that it shall be consumed upon the farm, and the manure arising from such consumption shall not be removed from the farm, 16. Samples taken from the bulk of all the manufactured artificial manures spread upon the farm shall, in each year, be submitted to, and sent to the landlord, and the landlord may at any time call for ail proper proof and evidence of use and application of such manures, and may call for and inspect all bills, vouchers, and receipts, showing the descrip- tion of and outlay upon any of the matters mentioned in the 2nd Schedule hereto, [or if the Schedule is not used mentioned in the ist Schedule to the Agricultural Holdings Act, 1883.] 1 7. The tenant shall not mow any meadow or grass land except water meadow more than once in any one year, nor shall he mow the same in two successive years without manuring the same before the second mowing to the satisfaction of the landlord. 18. The tenant shall maintain, keep, and leave all ditches, drains, cesspools, watercourses and outfalls properly cleansed and scoured out, and he shall plash and lay the fences in regular succession in the best form and so leave them on quitting. Wheji the tenant is to do all drainage. — The tenant shall do all new draining required upon the farm at his own cost, subject to the approval of the landlord or his agent as to the land to be drained and the method of draining, and shall be paid compensation for the outlay incurred in respect thereof [less the case of labour and haulage, or as Appendix. 53 the case may be\ at the rate of . This Agreement, 6-r. as in clause g. 19. Where tetiant does all repairs and landlord finds Repair*. materials. — The tenant shall keep all buildings and out- buildings on the farm in a good tenantable condition [or in as good condition as they were in when he entered or may be put into by the landlord] and shall put and keep all fences, walls, gates, posts, arches, bridges and stiles on the farm in good condition and repair. Where landlord does repairs. — The tenant shall paper, glaze, and whitewash such parts of the farm house and buildings as are now or may hereafter be papered, glazed and whitewashed, and shall maintain and leave all the landlord's fixtures and fittings in the farm house and in and about the farm generally in good repair and condition, and shall find straw for thatching, and shall do the haulage gratis within a distance of miles from the farm house of all materials for repairs, or for new erections or drainage, or for any improvements upon the farm. 20. The tenant shall not assign or underlet any part of Not to underlet. the farm [except cottages and gardens to labourers] without the previous consent in writing of the landlord, and he shall at all times reside upon the farm. 21. If and whenever any part of the rents and other payments before reserved shall be in arrear for twenty-one days, whether the same shall have been legally demanded or not, and no sufficient distress can be found upon the farm to satisfy such arrears, or if and whenever there shall be a breach by the tenant of any of the conditions and agreements herein contained, or if and whenever the tenant shall become bankrupt or compound with his creditors, or execute any bill of sale or assignment of his effects, or suffer his effects or any part thereof to be taken in execution then and in any of such cases [save as provided by the Conveyancing and Law of Property Act, 1881], the landlord may re-enter upon any part of the farm in the name of the whole, and thereupon this tenancy shall be absolutely determined, and the tenant shall pay a proportionate part of all rents, tithe rent charges, rates, taxes, and other outgoings then accruing due for the part of the current quarter up to the date of such determination. Proviso for re- entry. The Last Year of Tenancy and Quitting. (For a Lady Day Tettancy only.) The tenant shall, before the ist day of pre- Ploughingsfor incoming tenant. See clause 24. 54 Appendix. Not to turn animals on mowing grass. General valua- tion clause. Cullivation. To sow gra.^s seeds. ceding the determination of the tenancy, in a husband- like manner ])lough tlie stubbles for the incoming tenant, for which he shall be i)aid by valuation. If he shall neglect to do so the landlord or incoming tenant may on or at any time after such day enter and do such acts, and in such case shall have accommodation for a servant and for horses on the form. 23. The tenant shall not, after the 2nd of February next before the end of his tenancy, turn any animal upon any meadow or grass land in rotation or intended for mowing the following harvest, or after the ist of November upon any land seeded down the i)receding spring. 24. In addition to any compensation to which the tenant may be entitled under clause 10 of this agreement, or under the Agricultural Holdings (England) Act, 1883, the land- lord or incoming tenant shall, upon the termination of the tenancy [unless the tenancy is determined under condition 21], if the tenant pays the rents and performs the stipula- tions herein contained, but not otherwise, pay to the tenant the amount (if any) of a valuation to be made by two arbitrators or their umpires, under clause 29 of this Agree- ment. The valuation shall include : — \TJie various payments for clover, seeds, share of 7a heat, tincousumed hay, straw, haulm, fodder, chaff, manure, ploughifigs and preparations, and so on, provided for by the customs of the country. Sometimes, instead of a valuation in Lady Day takes, there is provisio?i for the outgoing tenant having a room in the farmhouse, and boosy pasture on which his stock may constime the hay and fodder ; and in Michaelmas takes, for the outgoing tenant to have barn, granary, and stac^'yard room in which to stack and thresh his last year's crops. ] For a Michaelmas tetiajicy only. 25. The tenant shall allow the landlord or incoming tenant to enter upon, cultivate and manure, hei'e follow the amojmts of land to be reserved to an incoming tenant on J course, 4 course, and S course tillages. 26. The tenant shall sow, or permit the landlord or incoming tenant to sow clover or other proper grass seeds with the summer corn, and shall harrow and roll in the same gratis. The tenant shall give the landlord or incoming Appendix. 55 Accommodation for incoming tenant. General valua- tion clause. Resuming pos- session. S. 41. tenant notice to supply the seeds days previous to the time at which such grass seeds should be sown. If the seeds are not supplied within days, then the tenant shall provide proper seeds, and shall be paid for the same as hereinafter mentioned. The tenant shall not graze or feed young seeds after harvest. 27. After the day of preceding the determina- tion of the tenancy the tenant shall provide for the landlord or incoming tenant accommodation for a servant and for horses on the farm with the joint use of the cartsheds, and stackyard room for corn and hay for such horses, and dry straw for their litter, and room for imple- ments and for storing and preparing artificial manure. \Here will follow general valuation clause (24) as in Lady Day tenancy. \ GENERAL CONDITIONS. 28. The landlord may at any time resume possession of any part or parts of the farm (provided any such part shall not exceed acres) for the purpose of executing thereon any of the improvements , mentioned in sect. 41, of the Agricultural Holdings (England) Act, 1883, without any notice whatever to the tenant being necessary. 29. All claims or matters in dispute arising under this agreement and all compensation, allowances, payments, and Arbitration valuations to which either party may claim to be entitled under this Agreement, or under the Agricultural Holdings (England) Act, 1883, or otherwise, and all questions as to the construction of this Agreement or as to the perform- ance or observance of any of the conditions herein con- tained shall be ascertained and settled by a referee in manner provided by the Agricultural Holdings (England) Act, 1883, but without any appeal in any case to the County Court, and the provisions of sects. 7 and 23 of such Act relating to notices and appeals to the County Court, and of sect. 10 relating to the appointment of referees and umpires by the County Court or the Land Commissioners, shall not apply to this tenancy. All questions relating to the validity of or arising under any distress made under the provisions of this Agreement shall be determined by a Court of Summary Jurisdiction as provided by sect. 46 of the Agricultural Holdings (England) Act, 1883. 1ST SCHEDULE. (Names of Fields and Acreage.) 5^ Appendix. 2ND SCHEDULE. Particulars of Outlay. Bones ground to \ in. >> » Lime . . Peruvian Guano Bone Superphosphate and Turnip Manure. Good Stable Manure purchased Oil Cake, Cotton Cake, or Linseed, &c. &c Al'PLICATION. To fallows & Root Crops To Pasture f To Tillage Land and to ( Pasture To Fallow and Root Crop \ To Fallow and Root Crop To Pasture I To Tillag e Land To Pasture Consumed on the fann Last Year ok Tenancy. (Amounts of in different tenancy. ) [N.B.— Chalk ing, claying, haulage and ances may a si m ilar Last hut one. compensation years of ing, clay bum- and marling, other allow- be included in schedule.] With such variations as may be advisable. APPENDIX II. Notice to quit under s. 33. Ss. 33, 61. p. X, Notices to Quit, and Miscellaneous Forms. (2.) Sir, the day of i8 I hereby [as agent for A.B., and on his behalf] give you notice to quit \or that I intend to quit],' and deHver up possession of the \_pariiculars of premises\ premises on the day of nex^t the end of such year of your [my] tenancy, as will expire next, after one year \or one half year] from the service of this notice. To the tenant, or landlord^ Landlord or tenant. or his agent. Appendix. 57 (3-) the • day of 1 8 ^^"""T^if "'^' We [landlord or his agent] and \tena?it or his agent] hereby apply. agree that the provisions of sect. 33 of the Agricultural pp.^xx.xxi xxiii. Holdings (England) Act, 1883, shall not apply to any contract of tenancy now existing [or which may hereafter exist] betweeen us in respect of \jarticiilars of premises]. Landlord or agent. Tenant or agent. Sir, (4.) the day of jg Notice to quit T 1 -1 /- 1 . • -i 1 part of premises in accordance with sect. 41 of the Agricultural under s. 41. Holdings (England) Act, 1883, I hereby give you notice to p.'^'" quit, and deliver up possession of [particulars of premises Clause 28. such as, 2 acres, i rood, being that part of a field called ^" "' Lower Leys, which is next to the field called Upper Leys, part of a farm now in your possession called ] at the end of such year [&-r., as in No. 2 supra], as I desire to resume possession thereof for the purpose of executing thereon the following inprovements namely [set them out.] To tejiant. Landlord or ageiit. (5-) Sir, the day of 18 Counter notice I hereby give you notice that I accept your notice to "lltllu '"'' ^^ me, of the day of ? 18 , requiring me to quit S- 1'- [partictilars of premises, following landlord's notice to quit], ^' ** as notice to quit the entire holding of which such premises form part, to take effect at the expiration of the now current year of my tenancy, and I intend to quit the same accordingly ; and I give you notice [here may folloii) notice of intention to claim compensation, under Form 11]. To landlord or agejit. Tenant. APPENDIX III. Forms under the Compensation Clauses. (6.) Consent to tenant executing im- provement or to improvement Sir, ^ the day of . ^_ I give my consent to your executing the following already executed improvement [or, I consent and approve of the improve- cfthescheXie' s. 3. p. Xlll, XV. 5« Appendix. Clause in agree- ment dispensing with notice under S. 4. p. XV. Notices by tenant of inten- tion to drain holding. S. 4. p. XV. mcnt executed by you in the year i8 ], namely [^/lere specify iJie iviprovemetit\ ujjon your holding the \tiaine of the farm\ subject to the following condition that is to say \Jicre insert cofiditio?is, such as limitation as to cost, compensation, car?-ia^s;e and quality of material, set off to lancilord, and so on.] To tenant. Landlord or agent. (7.) [See supra, Appendix I., clauses 9^18.] (8) Sir, the day of 18 I give you notice that I intend to drain the following parts of my holding the [tiame of the farm] namely \set out the acreage and situation of the part to be draified, the quality of the soil, the size of the pipes a?id depth, and distance apart of drain. For itistance — " the lower part of the field called Big Meadow being about 4 acres 3 roods of clay soil to be drained with 2^ inch pipes ; the drains to be eight yards apart, three feet six inches deep, and to be discharged into the ditch at the south boundary by a main drain laid with four inch pipe." If a rough pla?i ca?i be added to the notice it would be better^ To landlord or a^ent. Tena?it. Notice by land- lord that he intends to under- take draining. S. 4. p. XV. (9) Sir, the day of 18 I give you notice that I intend myself to undertake the execution of any necessary drainage on that part of your holding mentioned in your notice to me of the day of , and I shall charge you with ^^ per cent, per annum on the outlay incurred in executing the same \or such a sum as will repay me the outlay in 25 years with interest thereon at ^^3 per cent. To tenant. Landlord. And see appendix i., clauses g and ly. (10) Notice by tenant SlR, the day of 1 8 i!uention\^o°^ I glvc you noticc that I intend forthwith to execute execute improve- the followiug improvements upon my holding the farm. \Specify them with dates and particulars as in No. ii ment S. 59. p. XX. infra.] To landlord or agent. Tenant. Appendix. 59 Sir, the day of i8 I hereby give you notice that I intend to claim and do claim [Note. — Apparently tio further clai??i need be made but the parties go at once to ?'eference'\ the sum of j£ as compensation in respect of the unexhausted value of the following improvements executed by me upon my holding the farm [specify them with the dates, and " as far as possible ^Uhe particulars of the intended claim, as, for instance — Laying down the ten acres field (ii acres 3 roods) to permanent pasture in 1884. Draining 4 acres 3 roods of Big Meadow in 1884. 5 tons of superphosphate appHed to Upper Slench Field for turnips, in the year 18 ; and so on.] To landlord or agent. Tenaiit. (12) Sir, the day of 18 I hereby give you notice that in consequence of your notice of the day of 18 \_No. 10 sipra?\ I intend to claim and do claim the sum of";^ as compensation in respect of the following matters connected with your contract of tenancy, and I claim that such matters may be taken into account in reduction of any compensation payable to you, namely : — [specify the matters under S. 6. as, Arrears of rent, due March 25th, 18 . Crosscropping of a field called Bank field, in the years 1883-4-5. The amount of a reduction of rent allowed to you in consideration, &c., ^uith dates and other particulars.] To Tenant. Landlord. (13) An Agreement made the day of 18 between \la71dlord] and [tenajit] [description of parties] in pursuance of sect. 8 of the Agricultural Holdings (England) Act, 1883. It is agreed as follows : — 1. The sum payable to the said [tenant] by the said [landlord] in respect of compensation for the unexhausted value of the improvements mentioned in the schedule hereto, made by the said [tenant] upon the farm shall be ;^ . 2. The sum payable to the said [landlord] by the said [tefiant] in respect of compensation for [arrea7-s of rent, rates, taxes, tithe rent charge, waste, allowances, benefits, breaches of covenant, and so on] shall be ^ 3. The sum of f[ being the balance of the said sums of f[^ and ;£, shall be paid by the said [landlord^ to Notice by tenant of his claim for compensation. S. 7. .. pp. xxu, xxviii. Counter notice of claim for com- pensation by landlord. S. 6. pp. xxii, xxix. Agreement as to the amount of compensation. S. 8. pp. xxii, XXX. 6o Appendix. Consent of land- lord to incoming tenant paying compensation to outgoing tenant. S. 56. p. xxiv. Clause 12, p. 51. Notice by tenant of intention to remove fixtures. S. 34- the said \tcfiant\ \state time and mode of payment^ as for instance, "before the loth of December next, 'c?/-' by two instalments, the first on the ."] In witness whereof the parties hereto have set their hands the day and year above written. Landlord. Witness G. H. Tenant. [Schedule. — Here set out matters iti respect of wJiich compensation is claimed 7vith the sums agreed to be paid in respect of each tnatter\ Sir, (14) the day of 18 I hereby consent and agree that you shall as incoming tenant of the holding \jiame of tiie farni\ pay to \out- going tenant^ as outgoing tenant of the same, the sum of ^ for compensation due to him from me, under the provisions of the Agricultural Holdings (England) Act, 1883, in respect of the following improvements [specify them, where an award has been made take the particulars from the award\ executed by him upon the holding. To Incomi7ig tenant. Landlord. Sir, (15) the day of 18 I hereby give you notice that I intend at the end of one month from the service of this notice, to remove from my holding the [name of the far>?i\ the following fixtures and buildings erected by me upon the same, namely, [specify fixtures, as for instance, " a wooden barn resting on a brick floor in the farm yard erected by me in the year 18 &c."] To landlord. Tenant. (16) Notice by land- biR, the day of 18 ikcts^to'pur- ^ §^'^^ y°^^ notice that I elect to purchase the chase fixturrs. ^Specify fixturcs or buildings shortly\ referred to in your notice of intended removal, dated the day of To tenant. La7idlord. S. 34. Appointment of a referee or a fresh referee. S.9. .. p. XXVUl. (17) the day of 18 ^ 0. [landlord 2iXi^ ie?iant'] hereby appoint A.B., of \addressandprofessio)i\ referee [orl{landIord or tenant) hereby appoint A.B. of &c., referee on my behalf [if necessary, in the place of CD., who is deceased, umvilling, or incapable of acting'] under the provisions of the Agricultural Holdings Appendix. 6i (England) Act 1883, to decide the following matters in respect of a holding \tiame and situatioti of far m^ namely \}iere set out the matters in respect of ivhich the reference is required, as for instance : — " The amount of compensation to be paid by the said landlord to the said tenant in respect of the following improvements made by him upon the holding," naming them, with dates and particulars, or " the value of the following fixtures," naming them, with date of erection and particulars, "and the amount of compensation to be paid by the said tenant to the said landlord in respect of the following acts of ti'aste, 6^^.," with dates and particulars^ Lajidlord and Tenant. Or landlord or tenant. (18) Sir, the day of 18 Notice of I give you notice that I have appointed E.F. of ^PfP?^"^''"'"' °^ "^ &c., to act as referee on my behalf \if appointed in place of ^"'''^^ requiring another, in the place of CD. who is deceased, &c., accordifig tolppotnfr ^ to facts'] to assess compensation under the Agricultural ''^^^^^^' Holdings (England) Act, 1883, in respect of the holding Sub-s.s. named [6~-r., or to assess the value of a steam engine, or ^' ^'"^*' according to facts] and [if necessary] I require you to s. 10. appoint a referee in the same matter. And I further require that [see form 24 infra I] To landlord or tenant. Landlord or tcjiant. (19) Sir, the day of 18 Notice to referee I require you as referee [on behalf of ] within Tcrlltlfi ''s" 4n seven days from the receipt of this notice, to act in the days. reference between myself and A.B., in the matter of [the sub-s.a. compensation claimed by me and by the said A.B. re- p- ''='''»• spectively, in respect of a holding named, e-r., or in the matter of the value of a steam engine, drc, or according to facts ; state shortly the 7iame of the holding and what the claim was for ?^ To referee. C. D. (20) Sir, the day of 18 Consent to re- I consent to you revoking your submission to '^"'jation of , . •'. ..''•'^„_- - submission to reference and appomtment m writmg of CD. as referee reference, appointed to assess the compensation claimed by us respec- p.xxxi. lively in respect of [e^^:., as inform 18, or according to facts]. To Signed 62 l/'Prnt/i] Revocation of submission to reference. S. 12. p. xxxi. Extension of time by referees. .S. i6. p. xxxiii. Request to referee to appoint an umpire. S.g. Sub-s. 9. p. xxxii. Notice requiring the appointment of umpire by Land Commis- sioners or by the County Court. S. 10. Sub-s. I. p. xxxii. Application to Land Commis- sioners to appoint an umpire. S. 10. Sub-s. I. p. xxxii. Notice of dissent from appoint- ment of umpire, by the County Court. S. 10. Sub-s. 2. p. xxxii. (21) Sir, the day of 18 I hereby revoke my submission to reference and appointment in writing of you as referee in the matter of [<>T., as in form /p.] Signed (22) the day of 18 We extend the time for making our award in the matters referred to us respecting the compensation claimed by CD. and by \e] to the rents and profits of a certain Agricultural Holding called situate at in the county of and containing acres, or thereabouts [sfafe ivhether agricultural or pastoral, 6^■ >■ , , , 1 ° • '" 1 > 1 s. 46. sessions of the peace to be holclen at in and for the ^'^' [county or borough] of against an order made upon or about the day of , by G.H. and L.M. of Her Majesty's justices of the peace for the said [county or borough] of whereby it was ordered \set out order]. And I give you notice that my grounds of appeal are [set out grounds for appeal. '\ The day of . {Signed.) INDEX. N.B.— The references to the Fon/is ai-e printed in Italics. Act, /Application of the, to : agricultural hold- ings, xiii, 42 ; allotments, 72 ; charity lands, 33 ; crown lands, 30 ; current tenancies, xiii, 7 ; duchies of Cornwall and Lancaster, 31; ecclesiastical lands, 32 ; future tenancies, 1; labourers' gardens, 42 ; leases, xiv., 44 ; market gardens, ix, 42 ; pastoral holdings, ix., 42. Commencement of the, xiii ; compen- sation under, see Compensation ; evading the, ix, xxiii, 42; excluding the, by agreement, ix, xxiii, 4, 5, 6 , 7 ; limits of the, 47 ; matters dealt with by, ix ; permissive, how far, ix, xii, xxxviii, 42 ; saving of rights under, 44 ; short title of, 47. Agreement : appointment of referee by, XXX, II ; as to improvements in Part I., 5 ; as to improvements in Part 11., XV, 5,6; as to improvements in Part III., xiv, xvii, 7, J"/ ; as to notice to quit, X, xxiii, 26 ; dispensing with notices, 6 ; as to value of fixture, x', XXX ; evading the Act, ix, xxiii, 42 ; for substituted compensation, "ix, xiv, xvii, xviii, xix, xxiii, 5, 6 ; for fair and reasonable compensation, xiv, xvii, 7, 8 ; for specific compensation, xiii, 7, 8 ; for compensation after notice, xxii, XXX, To, J9; how far procedure for reference applies to, xvii, 14, 15, landlord may impose terms by, xix, precedent of, 4g-S^ ; setting aside, xviii ; that sect. 33 shall not apply, x, 26 ; when void, ix, 42. Agricultural Holdings Act, 1875, see Statutes. Agricultural Machinery, exempted from distress, xii, 36 ; hiring of, 37 ; what it includes, 37. Agricultural Holdings, What are, 42. Appeal : To County Cotiri : costs of, xxxv. 21, grounds of, what are, 1 7 ; grounds of, travelling out of, 10 ; hearing of, rules as to, 18, 19; notice of, xi, 18; order on, 18; procedure on, xxx, 18; state- ment of appellant on, 18, 6y ; state- ment of respondent on, 18, 6y ; time for, xxxv, 17 ; when allowed, xxxv, 10, 14, 17. Against decision of Justices ; xii, 38 ; by certiorari, exclusion of, 39 ; notice of, 7.? ; procedure on, xxxviii ; time for, xl. To High Court : costs of, 17. Application, see Request. Appointment, see Summons, Order, by county court, dissent from, xxxii, 63 ; of bailiffs, 41 ; of guardian to infant or lunatic, xxvii, xxviii, 20, 66 ; of next friend to married woman, xxviii, 20, 20, 66. 0/ Referee, by consent, xxx, 11, 60; by county court, xxxii, li, 12, 66 ; by parties, xxxi, 11, 66; by registrar, xxxii, 13, 66; in substituted agree- ment, jj ; revocation of, 6r, 62. Of Umpire : by county court on appli- cation, xxxii, 13, 66; by county court in default, xxxi, 66 ; by Land Com- missioners, xxxii, 13 ; by referees, xxxi, 6j. Appraisement : no longer necessary, 39. 74 INDKX. Arbitration Clause, 55, Assigns, who are, 24. Assignment of, charge, 26 ; of tenant's effects, re-entry on, jj. Award : appeal from, see Appkal : copies of, to be filed, 18; costs of, 16, 4? ; failure to make by referees, xxxi, 6j ; form of, 14, 64: grounds for setting aside, 17 ; how questioned, 16; items to be specified in, xxxiv, 15. stamps on, 14; mistakes in, 14; must direct payment of costs, 16, time for delivery of, see Time ; what it must contain, xxxiv, 15, 16 ; when final, XXXV, 17; when invalid, 14, 19. Bankruptcy, see Trustee : of lessee, 2 ; proviso for re-entry on, jj; section 33 does not apply on, 26 ; removal of fixtures by tuistee in, 29; set-off by landlord on, 2. Charge ON Holding: assignment of, xxxvii, 26 ; before payment, xxxvii, 25 ; by charity trustee, 33 ; by in- cumbent, xxxvii, 32 ; by limited owner, xxxvii, 7, 22, 23 ; by landlord, xxii, xxxvi, 21 ; by Queen Anne's Bounty, xxxvii, 32 ; by tenant, xxxii, xxxyi, xxxvii, 24, 25 ; by trustee, xxiii, xxxvi, 24 ; by whom made, xxii, xxxyi, 21 ; duration of, 22 ; for drainage, xv, xvi, 6, 7 ; evidence re- quired for, xxxvi ; incidence of, 24 ; of costs, 25 ; on other part of land, 24 ; order of, xxxvii ; particulars of, in award, xxxiv, 16; petition for, xxxvii, 68 ; powers conferred by, 23 ; procedure to obtain, xxxvii; searches for by purchaser, 24 ; to what in- terests it extends, 24. Charity Lands : landlord trustee of, 33 ; renewal of leases of, xiv. Claim for Compensation, see Com- pensation : how made, 10 ; items of to be specified in award, xxxiv, 15 ; must specify amount, 10 ; notice of, see Notice ; what it must contain, 10; when made under agreement or custom, xxii ; when under ;^ioo, no appeal, 17. Clergy: hardships on, 23. Commencement of Act, sec Act. Company: assignment of charge to, 26. Compensation under the Act: additions to, xxi, 9 ; agreement for, see Agreement ; basis on which calculated, xix, 3; by whom paid, u ; charge of, see Charge ; claim for, see Claim ; for improve- ments executed before the Act, xiii, 4 ; for improvements executed under current tenancies, xiii. 5; how ascertained, xvii ; how claimed, xxviii, 10 ; how lost, xxii ; improperly awarded, 17 ; in respect of what it may lie claimed, i, 47 ; limitations and restrictions on, xx, xxi, 4, 5, 44 ; none to sitting tenant, xiv ; notice of claim for, see Notice ; on resumption for improvements, 33 ; on change of tenancy, xiv, 43; payment of, 19,3"/; principle of, xiii ; recovery of, xxxvi, 19, 25 ; recoveiy of by third parties, 20; restriction as to, for waste, 9 ; to be exclusive, 43 ; set-off on, against rent, 39 ; tenant's general right to, I ; tenant's title to, on payment, 43; time for recovery of, 19; when right to arises, xiv, i ; value, the basis of, xix, 3. Compensation by Agreement, see Agreement; after notice, 11 ; how ascertained, xvii, 8 ; recovery of, 19 ; when fair and reasonable, xiv, xvii, xix, 7 ; when specific, xiv, 7. Complaint, order on, see Distress Pro- cedure in. Consent, appointment of referee by, xxx ; II, 60 ; landlord's when required, xv, 4, 5, 43, 44 ; of patron of benefice, 32 ; of charily commissioners, 33 ; to appointment of referee by registrar, xxxii, 13, ; to exercise of powers of Court by registrar, 13 ; to in- coming tenant paying compensation, 43,57, 60 ; to revocation of submission to reference, 13, 61 ; to sale of goods distrained, 70. Contract, see Agreement : of tenancy, defined, 45. Costs in County Court, 21 ; in High Court, 17; limitation of in distress, 39 ; of applicant for guardian, 20 ; of charge, xxxvii, 25 ; of reference, INDEX, 75 l6, 6j ; of appeal, security for, 38; payment of, 16 ; recovery of, xxxvi, 19; security for additional, 41; taxa- tion of, xxxvii, 16 ; to be provided for in award, 16. Counter-notice, see Notice. County Court appeal from, 17; appeal to, see Appeal; appointment by, see AppoinTiMENT ; costs in, 21 ; defined, 46 ; extension of time by, 15 ; juris- diction in distress, xxxviii, 38 ; order of charge by, 22 ; recovery of com- pensation in, xxxvi, 19 ; taxation of costs by, xxvii. Covenant, Breach of, by tenant, 9; by landlord, 9 ; forfeiture on, 3 ; matter for compensation, xx, 9 ; proviso for re-entry on, 3, jj. Crown Lands, Act applies to, 30. Cultivation, clauses as to xiii, xxiv, XXV, JI. Current Tenancies, compensation under, xiv, 7 ; effect of notice to quit on, 26 ; when they become tenancies under the Act, xiv, 45. Custom, compensation when payable under, xxii, xxix, 7, 8, 10, 39, 43. Death, see Referee. Deductions, see Compensation, Limi- tation. Default of appointment, see Appoint- ment ; of payment, order in, 19, 20. Determination of Tenancy, by notice to quit, 2 ; by disclaimer of title, 3, by forfeiture, 3 ; by surrender, 2 ; delinition of, I, 5, 45 ; right to com- pensation arises on, 1-3. Disclaimer, see Determination of Tenancy ; removal of fixtures after, 29 ; set-off on, in bankruptcy, 2. Distress, appraisement in, 39 ; bailiffs for, how appointed, 41 ; changes in law of, xi, xii, 35-41; charges for levying, xiii. 39, 48 ; clauses not compulsory, xii ; default of, xxxix ; for rent in advance, xii, 36 ; limitations as to right of, xii, 35 ; inventory still necessary in, 40 ; of agricultural machinery, 37 ; of growing crops, 40 ; of live stock. 3G ; of property of third person, ^37 ; of sheaves of corn, 40 ; principle of privilege from, 37 ; procedure in, xii, xxxviii, 38 ; sale under, 41 ; set off in, 39 ; time to replevy extended, 40 ; where impounded, 40. Documents, production of, 13. Drainage, agreement as to, xv, xxv, 6, 5/, J3 ; charge of, on holding, 6, 7; clauses, possible abuse of, xvi ; how it may be done, xv, xxv, 6 ; notices required, for, see Notice : of arable land, xvi ; what is, 6. Duchies of Cornwall & Lancaster, 31- Ecclesiastical Lands Act applies to, 32; and see CHARGE, Landlord, Limited Owner. Evidence, necessary to obtain charge, 22, 25, 26 ; of outlay, xxxvi, 43 ; of value, xxv, 3 ; receipts and vouchers, 13, 43 ; what, referee may require, xxxiii, 13. Existing Tenancies, see Current Tenancies. Extension of Time, see Time. Fair and Reasonable, see Compensa- tion BY Agreement. Fair Price, how settled, 36. Feeding Stuffs, consumption of, 8. Fixtures, see Notice ; agreement as to value of, xi, xxx ; conditions for removal of, 28 ; erected previous to Jan. 1st, 18S4, xi, 29; no appeal from, xi, 28 ; removal of by trustee in bankruptcy, 29 ; tenant's property in, 29 ; valuation of how made, xi, xxix, 65 ; valuation of no appeal from, 28 ; what are, 28 ; when tenant may remove, 29. Forfeiture on charge, 22 ; see Deter- mination of Tenancy. Gardens, applications of Act to, 9, 42 ; cottage, if included, making of, 42. Grounds of Appeal, see Appeal. Guardian, see Appointment. 7^ INDEX. Hearing, scu ArrEAi., Reikrke. Holding, see Act application of; charge of compensation on, see Ciiarck ; definitiun of, 47 ; excepted from tlie Act, 42. Husband, see Married Woman. Improvements, begun after notice to qu't, XX, xxi ; compensation for, see Compensation ; consent to, see Consent ; executed before the Act, restrictions as to, xiii, 4 ; limitations as to compensation for, 4, 9, 44 : notice as to, see Notice ; not taking inuncdiate effect, 4; purchase of by- incoming tenant, xxiv, 5/ ; resumption for, 33 ; vahie of, how calculated, xix, 3 ; what are under the Act, xv, 47; when exhausted, 3, 22. Incumbent, landlord, 32. Incumbrance, charge of, on other part of land, 24. Infant, see Appointment. Inherent Capabilities, xxi, 3. Interpretation of Terms, 45. Judge, see County Court. Justices, summary proceedings before, xii. xxxiii, 38 ; appeal from, xl, 38. Lady-Day Tenancy, notice to quit for, 46 ; provisions applicable to, jj. Land Commissioners, see Appoint- ment ; application to, t^ appoint umpire, xxxii j excluded by agree- ment, xii. Land Company, assignment of charge to, 26. Landlord, see Limited Owner; arch- bishop or bishop, 32 ; charity trustee, xiv ; consent of, see Consent ; counterclaim of, see Compensation and Notice; definition of, 45; in- cumbent, 32 ; mortgagee, payment of compensation by, xxiv ; power to obtain charge, 21 ; trustee, 24 ; when designation applies, 46. Lease, renewal of, 35. Lessee, bankruptcy of, 2. Limitation, as to amount and time of distress, xii, 35 ; as to things to be distrained, xii, 36 ; on compensation, xix, XX, 4, 9, 44 ; of costs in case of distress, 39 ; of time in respect of vva-.te, 9. Limited Owner, charge of compensation liy, 22; charge of interest for drainage by, 7 ; checks upon, 23 ; effect of Settletl Land Act on, 34 ; provision as to, 34 ; when incumbent of living, 32. Live Stock, defined, 46 ; privileged from distress, 36. Lunatic, see Appointment. Machinery, sea Fixtures, agricultural, privileged from distress, 37. Manures, bringing back on land, 8 ; clauses as to, xxiv ; defined, 46 ; samples of, xxv, ^2 ; value of, set- off, 8, Married Women, next friend to, 20 ; provisions as to, xx, 20. Michaelmas Tenancy, notice to quit lor, 46 ; provisions applicable to, xxviii, 5^. Mortgagee, how affected by charge, 23 ; or purchaser, valuations for, 4 ; recovery of compensation from, xxxiv j searches for charges by, 24. Next Friend, appointment of, xxviii, 20. Notice, see Request, excluded by agree- ment, jj"; improvements done after, XX, xxi, 44 ; necessary before re- ference, xxviii; of appeal from justices, xl ; of day for hearing of appeal, 18 ; service of, xxviii, 21 ; time for, 5, ID. By landlord ; that he elects to drain, xv, 6, ^8 ; that he elects to purchase fixtures, xi, 28, 60 ; that he claims compensation, xxi, xxix, lo, 59. By tenant ; that he will drain, xv, 5, 10, ^8 ; that he intends to remove fixtures, xi, xxix, 28, 60; that he intends to execute improvements, xx, ^8 ; that he claims ci>mpensation, xxii, xxviii, 10, 59 ; what it should specify, x, 10. By parties ; of appeal to quarter sessions, 7^ ; of appointment of referee, xxxi, INDEX. 77 61 ; of dissent from appointment by county court, 13, 62 ; requiring referee to be appointed, xxxi, 61 ; requiring umpire to be appointed by Land Commissioners, xxxii, 12,6^; requir- ing umpire to be appointed by county court, xxxii, 13, 62; to referee re- quiring liim .to act, 61 ; to respcmdent to file statement, 18, 6j ; to umpire, of reference to him, xxxi, 67. By 7-cferce to proceed with reference in absence of parties, bj ; to produce, 6? ; to umpire of re'erence to him, xxxi, b^ . Notice to quit, a half-year's, 26, 56 ; a year's, i(), ^b ; agreement that the Act shall not apply to, x, 26, ^6; clause providing for, 49 ; counter notice alter, under s 41, x, 33, 57; effect of on current tenancies, 26 ; for Lady Day tenancy, 46 ; improvements made after, 44 ; six months, 27, j6 ; tenancy de- termined by, 2 ; time of, 26 ; under s. 41, 33, j7 ; whether fresh agree- ment necessary for, 27. Order, appointing guardian, bb ; next friend, 60, bb ; referee or umpire, bb. By referee to produce, disobedience to, xxxiii, 13 ; extending time for award, 6b ; for payment of money, xxxviii ; for restoration of chattel, xxxix, 38, 7/ ; of charge, 22, 25 ; of court of sum- mary jurisdiction, not to be quashed, 38, 39 ; on appeal from reference, 18, 68 ; on taxation of costs, 21. Pasture, laying down to permanent, 4. Payment, day for in award, 16 ; default of, xxxiv, xxxvi ; of compensation, how enforced, 12 ; of money, order for, xxxviii. Person defined, 26 ; aggrieved, xi, 39. Privilege from distress, see Distress. Procedure at quarter sessions, xl ; before justices, xxxviii, 38 ; to obtain charge, ID. Before Referee, for recovery of compensa- tion, xxviii, xxxvi, 13, 19 ; how far applicable to substituted agreement, 8 ; in absence of parties, 14 ; parties to who may be, xxvii, xxxiii, 14. In County Court, see Appeal, Charge ON Holding, County Court, Order ; excluded by agreement, 55 ; for extension of time for award, xxvii ; for appointment of guardian or next friend, xxviii ; for appointment of referee or umpire, 12; for taxation of costs, xxxiii. Purchaser, see Mortgagee. Quit, see Notice to Quit. Queen Anne's Bounty, charge by Gover- nors of, 32 ; consent of, 32. Receipts and vouchers evidence of outlay, XXV, ^2 ; proviso for inspection of, 52 tenant should keep, 43. Re-entry, proviso on, 5j>. Referee, see Notice, Appointment; acting by, what is, 12 ; appointment of umpire by, xxxi, 12 ; evidence before, xxxiii, 13 ; extension of time by, xxxiii, xxxiv, 6^; failure to appoint, xxxi ; failure of, to act, xxxi, 1 1 ; failure of, to make award, 15 ; fresh appointment of, xxxi, 11 ; may proceed in absence of parties, xxxiii, II ; notice to, to act, xxxiii, 61 ; notice of hearing by, xxxiii, 6j ; powers of, xxxiii, 13, 14; time for delivery of award by, xxxiii. Reference, costs of, xxxiii ; how far it applies to substituted agreements, xvii, 14, 15 ; notices necessary before, xxviii, xxbc, 10 ; parties to, xxvii, xxviii; submission to, xxxi, 13; mode of, xxxi, 13 ; submission to, not to be made a rule of court, xxxv, 16 ; to assess compensation, xxii, xxvii ; to assess value of fixture, xi, xxix, 28 ; tenant may compel, xix. Registrar, extension of time by, xxxiv ; powers of, 13 ; taxation of costs by, xxxiii. Rent, distress for, how limited, 35 ; how recoverable, 36 ; in arrear in the ordinary course of dealmg, 36 ; in arrear, proviso for reentry on, Jj; in arrear, to be deducted from compen- sation, 39 ; non-payment of, ^y ; payable in advance, xxiv, 36, jo; penal, xxiv, fo; provision for pay- 78 IN'DKX. meiil of, 50 ; raising, un renewal u( lease, 35 ; set-oiTof, 39. RcrAiRfi,50,j'j ; want of may be set off, 8. Request, to appoint umpire, 62 ; to keep goods distrained, 40, 70 ; to remove goods distrained, 40, jo ; to sell goods distrained, 41, 70. Restriction, see Limitation. Resumi'TION, for improvements, 33 ; counler-notice on, x, 33 ; compen- sation on, how assessed, 33 ; in what cases may be made, 33 ; notice to quit for, x, 4 ; without notice, x, 55. REVocATiON,see Appointment, Consent Samples, production of, to referee, xxxiii, 13 ; to landlord, ^2. Sale, see Set-off ; power of, 23. Schedule, seeCoMPENSATioN, Distress. Settled Land Act, see Limited Owner, Statutes. Set-off, against trustee in bankruptcy, 3 ; of benefit to tenant, xx, 8 ; of bad husbandry, 9 ; of compensation against rent, 39; of stuff sold off or removed, 8 ; of damages for breach of covenant, 9 ; of rates, xx, 9 ; rent, arrears of, xx, 9 ; taxes, 9 ; of value of manure, 8 ; of waste, XX, 9 ; what may be, xx. Statutes, 29 Car. 2, c. 3, sect 3, 2 ; 2 W. and M., c. 5, sect i, 39, 40 ; 57 Geo. 3, c 93, 39 ; 57 Geo. 3, c 97, sect 25, 31 ; 3. 4> Will., c. 27, s 42, 36; 8.9, Vict., c. 106, sect 3, 2; sect 9, 2; 14. 15, Vict., c. 25, sect 4; 29; 26. 27, Vict, c. 49, sect 8, 32, 29, 33; Vict., c. 62 ; sect i, 30; Bankruptcy Act, 1869, sects 10 11, / 39; Ag;CMltural Hold. Act, 1875 sects 42-44, xxxvii ; sect 51, 27; Summary Jurisdiction Act, 1879, sect. 6, xxxviii ; sect 7, xxxviii ; sect 20, sub-s. 9, xxxviii, sect 31, xl; sect 34, 35, xxxix ; sect 50, 39 ; Conveyanc- ing and Law of Prop. Act, 1881, sect 14, 3 ; Settled Land Act, 1882, sett 5, 24 ; sects 25-29, 5, 24, 34 : Allot- ments Extension Act, 1882, 42. SubMiSMON to reference, mode of, xxxi, 13 ; when revocable, 13 ; not to be a rule of court, xxxv, 16. Summary Jurisdiction, court of, see Justices. Summons, endorsement of appointment on, 66 ; how served, 21 ; judgment, xxxix ; on complaint, xxxviii ; to appoint a guardian ornext friend, xxviii, 20, 66; to appoint a referee or umpire, 12, 6j ; to extend time for award, xxxiv, 66 ; to recover compensation, 20. Surrender, rights of under-lessee on, 2 ; tenancy determined by, 2. Tenancy, change of, provision as to, xiv, 43 ; contract of, defined, 45; current or existing, how far Act applies to. xiv 7 ; determination of, (leiined, 45 ; from year to year defined, 45 ; future, agreement that sect. 33 shall not apply to, 26 ; how, may be determined, 2 ; Lady-day, provisions applicable to, 53 ; last year of, provisions applic- able to, xxvi; Michaelmas, pro- visions applicable to, 54. Tenant for Life, see Limited Owner. Te.vant, see Act, Compensation Land- lord, Notice ; bad farming by, 9 ; breach of covenant by, 9 ; charge by, 24; definition of, 45 ; drainage by, XV. xvi, 6 ; general right of to compen- sation, I ; may compel reference, xviii; must give notice of claim, xxii ; only, can begin, xxix ; payment of compen- sation by, 43, 51, 60; property in fixtures of, 29 ; set off against, xx, xxi ; the 'sitting,' xiv ; waste by, 9; when designation applies, 46. Time, see Notice; extension of, by re- ferees, xxxiv ; by county court, xxxiv, 33 ; for appeal, xxxv, 18: for delivery of award, xxxiii, 14, 15 ; for payment of compensation, 16, I9 ; to replevy extended, 40. Tithe rent-charge, see Set-off. Title, disclaimer of, 3. Trustee, charge of holding by, 24 ; in bankruptcy, set-off against 2 ; of charity, compensation payable by, 38 ; INDEX. 79 removal of fixtures by, 29 ; recovery of compensation from, xxxvi ; renewal of leases l)y, xiv, 35 ; scheme to be submitted to, when, 34 ; where land- lord is, 24. Umpire, see Appointment, Award, Land Commissioners, Time ; acting by, what is, 12 ; appointment of, by referee, xxxi, 12, <$j; evidence before, xxxiii ; extension of time by, xxxiv, 62; failure to act, 12,; failure to appoint, xxxii ; notice of hearing by, xxxiii, 63 ; powers of, xxxiii ; time for delivery of award by, xxxiv ; when matters stand referred to, xxxi, 15. Under-lessee, effect of charge on, xxxvii, 24 ; rights of on surrender, 2. 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THE LAW RELATING TO CORRUPT PRACTICES AT ELECTIONS, AND THE PRACTICE ON ELECTION PETITIONS, "WITH AN APPENDIX OF STATUTES, RULES AND FORMS, BY MILES WALKER MATTINSON & STUART CUNNINGHAM MACASKIE OF gray's inn, barristers-at-laav. 300 pages, Demy 8vo. ; in Cloth, 7s. 6d. A Complete List of our Publications sent free on application. 95 & 96, LONDON WALL; 25, 26 & 27, GEEAT WINCHESTER STREET; 49, PARLIAMENT STREET, and FINSBURY FACTORIES. 10 WATERLOW (Si^ SONS limited, PARCHMENT DEALERS. Depth . Width. 10 X 15 12 X 16 13 X 17 15 X 20 16 X 21 17 X 22 18 X 24 19 X 25 22 X 27 23 X 28 26 X 29 26 X 31 » 30 ] 27 X 28 X 32 jria %mi of ipaixljimnt. PLAIN. Per doz. 3acli. Best picked. Pcrdoz. 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Per doz. 10 X 15 -/6 . 51- 13 X 17 -/lo . 9/6 15 X 20 1/- . . 11/6 18 X 24 1/6 . 17/6 23 X 28 2/3 These can he had tvith or loithout 2/6 stamp impressed. . 25/- 95 & 96, LONDON WALL ; 25, 26 & 27, GKEAT WINGHESTEE STEEET ; 49, PAEUAMENT STEEET, and FINSBUEY FACTOEIES. 11 WATERLOWl^' sons limited, PARCHMENT DEALERS. "WITH OR -WITJIOVT HEADING, HLACK LINED AND IIVLKD. Kach. Best pickcil. Per doz. Best picked 12 X IG .. . .. 1/- . . 1/2 . 10/6 . 12/- 15 X 20 .. 1/6 . . 1/9 . . 15/- . . 18/- 18 X 24 .. 2/- . 2/3 22/- . 25/- 22 X 27 2/3 2/6 26/- 28/- 26 X 29 3/- 3/G . .-JO/- . 36/- 28 X 32 3/9 . 4/- . 40/- . 45/- PRINTED, RULED, AND RED-LINED. PER QUIRE. Large Post 4ito. F'cap. Demy. This Indenture Memorandum of Agreement An Agreement " This is the Last Will," &c. (not rcdllnedj Followers foi* same s. d. 2 6 2 6 2 6 2 6 2 6 s. d. 3 6 3 6 3 6 3 6 3 6 s. d. 4 6 4 6 4 G 4 6 4 6 Per Quire, s. d. This Indenture, on Blue Wove Copy, half sheets, I'uled ... 1 6 This Indenture, on Water-lined Brief This is the Last Will, &c., on Lined Brief 2 2 6 SPECIMENS OF ANY OF THE ABOVE SENT ON APPLICATION. 95 & 96, LONDON WALL ; 25, 26 & 27, GREAT WINCHESTER STREET : 49, PARLIAjVIENT STREET, and FINSBURY FACTORIES. 12 WATSELOW ^ SONS limited, LAW STATIONERS. "ZEPHTPt" COPYING PAPER TAKES 8 COPIES. IS CSJEAP AND EFFECTIVE. In introducing this Paper to the Public, Wateulow & Sons Limited feel sure it will meet with general approval, owing to its remarkable thinness and toughness. EIGHT COPIES can be easily taken, and, with a little extra care, as many as TEN COPIES. It will, therefore, be found invaluable to Bankers, Solicitors, and others having extensive coiTespondence. Quarto — per Eeam, 960 Sheets . . .. .. .. ., .. 6/- Foolscap ,, ,, .. .. .. .. .. .. 8/- Or in Books, Half Calf, Indexed, Faged, and Lettered, Quarto — 500 Leaves • . . . . . . . . . . . . , 6/- „ 1,000 „ 10/- Foolscap — 500 Leaves . . . . . . . . . . . . . . 8/- „ 1,000 „ 14/- "STOUT BUFF" COPYING PAPER (AS USED IN THE GOVERNMENT OFFICES), AN EXCELLENT SUBSTITUTE EOE, WRITTEN DUPLICATES, Saving inanual labour. Quarto — per Eeam, 480 Sheets . . . . . . . . . . . . 4/6 Foolscap „ „ 6/6 Books, Half Basil, Quarto, 500 pages . . , . . . . . 7/6 » „ 750 „ 10/6 ,, „ Foolscap, 500 „ 10/6 „ in Half Calf, Quarto, 600 „ 10/6 ,, „ Foolscap 600 ,, 13/6 This Paper wiU Copy Documents long after writing, and with almost any Ink if sufficiently damped — even Correspondence Received, which has been previously cojned. INSTRUCTIONS. For Copying Ink recently written, thoroughly remove all superfluous moisture ; when more than one copy is required, take them separately, making each succeeding one a little damper and pressing longer. In this manner from four to six copies may be taken. For Copying Ink which has been some days written, or copied before, or for Non- copying Ink, damp well on both sides and press /or a few minutes. One and sometimes two copies can be taken in this way. 95 & 96, LONDON WALL, 25, 26 & 27, GREAT WINCHESTER STREET ; 49, PARLIAMENT STREET, and FINSBURY FACTORIES. 13 WATERLOW (J- SONS liuiteb, LAW STATIONERS. FORM CASES. ■B ' r_ — m^ It r fe' jjljr- ' If^ ' ' pr- _ - - ii"i^- IF" ||P!^__ p^ ■ pr^: ---. .--^ |F^. j, Jli^- . -^ ■ " |r n ' ."^ DROP DOORS, COVERED green cloth. s. d. 12 Divisions Judicature Size.. 19 each 20 „ „ „ .. 28 „ 12 „ Bankruptcy Size 21 „ "^ J> J> 5> • • 30 „ OAK OR MAHOGANY, ■with two folding doors. d. 12 Divisions, Judicature Size. . 33 each. 20 „ „ „ .. 48 „ 12 ,, Bankruptcy ,, .. 42 ,, 20 ,, „ ,, .. 50 „ JAPANNED IRON. S. (1. 12 Divisions, Judicature Size. . 28 G each. 20 „ „ „ ..42 „ 20 ,, Bankruptcy,, ..55 Hand Endorsement Stamps for Commissioners for Oaths, in Malio^any Box, witii lnl( Pad complete, 10s. 6d. JUDICATUEE PAPER. EEQUISITE UNDER THE ACT. Price per Ream, Ruled with proper Margins 22s. 6d. ,, „ Printed Headings for Special Forms ... 30s. Od. „ Plain 18s. 6d. VniWri^G OF PLEADIIN^GS, &c. By Order XIX., Rule 5, of the first Schedule of the Supreme Court of Judicaturo Acts, 1875, amended by Rule 5a of the Rules of the Supreme Court, June 1876, all proccediugs of more than 10 folios in length must be printed. Waterloo & Sons Limited havo therefore made an-angements to undertake the printing of the Pleadings, Affidavits, Depositions, Special Cases, Petitions of Right, &c., in the manner prescribed by the Rules of Court, and, when required, to furnish Proofs or Printed Copies by return of Post. 95 & 96, LONDON WALL ; 25, 26 & 27, GREAT WINCHESTER STREET ; 49, PARLIAMENT STREET, and FINSBURY FACTORIES. 14 WATERLOW cj- SONS limited, LAW STATIONERS. LAW AND PAELIAMENTAEY STATIONERY AND FEINTING. Forms under the Judicature Acts, 1873 & 1875 — Conveyancing Forms and Engrossments — Auction, Shipping, Commercial and Miscellaneous Forms— Bankruptcy and Liquidation — Trade jMark, Naturalization, and Companies' Forms. A Catalognc of Legal and General Forms sent on application. INLAND EEVENUE STAMPING. WATERLOW d SONS LIMITED devote special attention to this department, and are in daily attendance at the Stamp Office, Somerset House. They are thus enabled to ensure the Stamping of Banliers' Cheques, Drafts, Bills of Exchange, dc, with the utmost possible despatch. Deeds and all executed instruments stamped and forwarded by return of Post, a small charge being made for attendance and postage. The greatest care is exercised in the assessment of Stamp Duty payable on any document entrusted to the Company for stamp- ing, but they incur no responsibility in the event of an improper assessment being made. As the amount of Stamp Duty must be paid to the Stamp Office before any document can be stamped, it is particularly requested that a remittance accompany the instructions for stamping. . Cheques and Post Office Orders to be made payable to the Company, and to be crossed ** Union Bank of London. — Not Negotiable." Spoiled Staiaps accompanied with the requisite Affidavits, or Allowance Tickets for Spoiled Stamps, are credited in full where the amount is taken out in Printing or Stationery, but a small amount for commission is deducted when exchanged for Cash. LAW AGENCY. RESIDUARY AND SUCCESSION ACCOUNTS PASSED. LEGACY AND SUCCESSION OR OTHER DUTIES PAID. All payments in resjDect of these duties have now to be made at the Office at Somerset House instead of at the Local Offices as formerly. BILLS OF SALE STAMPED AND FILED. JOINT-STOCK COMPANIES REGISTERED. ADVERTISEMENTS INSERTED IN THE "LONDON GAZETTE." ANNUAL SUMMARIES, SPECIAL RESOLUTIONS, dc, FILED SEARCHES MADE AT ANY OF THE PUBLIC OFFICES WITH THE GREATEST CARE AND EXPEDITION. TRADE MARKS REGISTERED. Designs furnished and Blocks cut for same. 95 & 96, LONDON WALL ; 25, 26 & 27, GREAT WINCHESTER STREET 49, PARLIAMENT STREET, and FINSBURY FACTORIES. 15 WATERLOW iSf SONS limited, LAW STATIONERS LAW WRITING AND ENGROSSING. Wateulow & Sons TjImited desire to cull the attention of Solicitors and Profossional (rcntlcmcn to the facilities wldch they arc enabled to oH'er for the execution of all classes of Legal Work. A comi)etent staff of law writers and clerks are constantly engaged at C4rcat Winchester Street, London Wall, and AV. & S. arc therefore enabled to execute any work entrusted to tht^m with the utmost care and despatch. Deeds, &c., carefully and correctly engrossed. Stamp Duties assessed and paid. Charges for vopying, at per folio of 11 xvonh : — .s. d. Engrossments in Round-hand , . . . . . . . ..02 Attested Copies and Fair Copies of every description .. .. li Wills, Abstracts, Parliamentary Briefs and Minutes of Evidence 2 Abstracting Titles and Fair Copy . . . . . . . . ..06 Drafts, &c., received from the country can bo engrossed or copied and sent by return post when required. A largo stock of Stamped Parchment and Paper of every description being kept ready for immediate use, any order can be executed without the slightest delay. LAW LITHOGRAPHY. The facilities afforded by Waterlow & Sons Limited in this department having led to so great an increase of their business, they are now enabled to retain a staff of hands capable of completing, in a few hours, an amount of work which would formerly have required as many days to accomplish. Briefs, Abstracts, Minutes of Evidence, Eeports, and Legal Documents, Builders' Quantities, Contracts, Specifications, &c., lithographed in good plain round-hand, with the greatest accuracy. A Brief of 100 sheets can, if necessary, be lithographed in three or four hours. The evidence taken daily on Private Bills or Arbitration Cases may be neatly and correctly lithographed or printed during the night, and delivered to Counsel before 9 o'clock the following morning. The following prices are intended as a guide to the charges for the ordinary description of Law Lithography; where a greater number of copies of any Document are required, special estimates will be given. Abstracts copied Briefwise, 5 to 8 folios per sheet, on Superfine Paper : — 8 Copies . . . . Gd. per sheet. 12 „ .. .. ^d. „ 20 „ .. .. Ud. „ 30 „ .. .. 2d. 50 „ .. .. 2d. 100 „ .. .. l^d. „ Per 100, after the first 100. 10«. Gd. Drafts, 4 to 5 folios per page, on Super- fine Laid Copy : — 10 Copies .. .. 4r/. per page. 20 , 2^d. „ 50 „ .. .. nd. „ 100 Copies . . ..7s. 9d. Per 100, after the first 100, 5s. 9d. Deeds, Law Letters, and Forms Litho- graphed at reasonable prices. Where preferred, the charge will be made by the folio, in proportion to the above scale. Minutes of Evidence and Parliamentary documents are charged at 2d. per folio. LAW AND PARLIAMENTARY PRINTING. Wateelow & Sons Limited have for years devoted special attention to the perfecting of this Department, and undertake the printing of all legal matters, such as Appeals to the House of Lords, &c. , in strict conformity to the New Standing Orders. Admiralty and Appeal Cases and Appendices printed. Memorandum and Articles of Association, Books of Reference, Deeds, Conveyances, Mortgages, &c. In the Parliamentary Printing Department, where expedition and punctuality are of the greatest importance, W. & S. employ a large staff having a practical knowledge of the work. They are therefore enabled to execute all orders entrusted to them, however large, in the shortest possible space of time. Minutes of evidence printed during the night and delivered wherever desii-ed by 9 o'clock the following morning. Parliamentary Bills, Notices, Petitions, Reports, &c. Addresses and Circulars to Electors printed or lithographed, and posted with the greatest despatch. 95 & 96, LONDON WALL ; 25, 26 & 27, GREAT WINCHESTER STREET ; 49, PARLIAMENT STREET, and FINSBTJRY FACTORIES. 16 Smk:. mm