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 -%
 
 AGRICULTURAL HOLDINGS 
 
 (ENGLAND) ACTS, 1833 to 1900 
 
 With Explanatory NOTES and General FORMS, 
 
 ALSO THE 
 
 BOARD OF AGRICULTURE AND COUNTY COURT 
 RULES AM) FORMS, 
 
 TOGETHER WITH THE 
 
 ALLOTMENTS AND COTTAGE GARDENS COMPENSATION 
 
 FOR CROPS ACT, 1887. 
 
 BY 
 
 AUBREY_jnQH]l^PENCER J 
 
 OF CHEI8T CHUKOH, OXFOED, M.A., AND OF LINCt)Ilw'« TNN, BAEEISTEE-AT-LAW. 
 
 Editor of Fifth Edition of Dixon's ''■Law of the Farm.'''' 
 {Late Assistant Commissioner to Boyal Commission on Agricultural Depression.) 
 
 SECOND EDITION. 
 
 LONDON : 
 
 STEVENS AND SONS, LIMITED, 
 
 119 & 120, CHANCEEY LANE, 
 
 ICato publishers. 
 
 1901. 
 
 ■ .
 
 LONDON : 
 PRINTED BY 0. F. ROWORTH, OBEAT NEW STREET. FETTER LANE, E.C.
 
 HO 
 
 5: 
 
 61 
 
 PREFACE. 
 
 )— 
 
 UJ 
 
 ■Si 
 
 >- 
 oe: 
 
 CO 
 
 The passing of the Agricultural Holdings Act, 1900, which 
 repealed considerable portions of the Agricultural Holdings 
 . (England) Act, 1883, and substituted tther provisions for 
 2 those repealed, seemed «to' calj for a Nej^ Edition of the 
 Author's Work on\ the latter Act, the Original edition, 
 which was published as a supplement Jo .Dixon's "Law of 
 the Farm," having been exhausted some^vears ago. 
 
 The Act of 1900 has created a code of statute law dealing 
 with the rights of tenants to compensation for improvements 
 on agricultural holdings (including market gardens), and 
 other matters affecting the relations of landlord and tenant 
 " on such holdings. The whole of this code, consisting of the 
 «-• Agricultural Holdings (England) Act, 1883, the Tenants' 
 jjjjj Compensation Act, 1890, the Market Gardeners' Compensa- 
 tion Act, 1895, and the Agricultural Holdings Act, 1900, 
 has been included in the present Work, together with the 
 Allotments and Cottage Gardens Compensation for Crops 
 Act, 1887, which, though not a portion of the code, it was 
 thought useful to add as being in pari materia. 
 
 The code is not a wholly satisfactory specimen of law 
 making, being but a patchwork of statutes, the complete 
 effect of which is not on all points very clear. It has been 
 
 a2 
 
 38818 i 
 
 Q
 
 IV PREFACE. 
 
 the Author's endeavour to assist in its elucidation by such 
 notes and comments as seemed called for, and he has added 
 the Rules and Forms of the Board of Agriculture, the County 
 Court Rules and Forms under the Acts, and some Forms for 
 general use which it was thought might be useful to land- 
 lords, tenants, and others affected by the Acts. 
 
 The references to " Dixon " throughout the book are to 
 the fifth edition of Dixon's " Law of the Farm." 
 
 It is the Author's sincere wish that these Acts may 
 conduce towards that much to be desired result, — the 
 prosperity of agriculture in this country. 
 
 AUBREY J. SPENCER. 
 
 19, Old Buildings, Lincoln's Inn, 
 January, 1901.
 
 CONTENTS. 
 
 PAGE 
 
 INTRODUCTION 1 
 
 THE AGRICULTURAL HOLDINGS (ENGLAND) 
 
 ACT, 1883. 
 
 PART I. — Improvements. 
 Compensation for Improvements. 
 
 SECT. 
 
 1. General right of tenant to compensation 
 
 14 
 
 As to Improvements executed before the Commencement 
 
 of Act. 
 
 2. Restriction as to improvements before Act . . 15 
 
 As to Improvements executed after the Commencement 
 
 of Act. 
 
 3. Consent of landlord as to improvement in First 
 
 Schedule, Parti 16 
 
 4. Notice to landlord as to improvement in First Schedule, 
 
 Part II 17 
 
 5. Reservation as to existing and future contracts of 
 
 tenancy ........ 20 
 
 Regulations as to Compensation for Improvements. 
 
 6. Regulations as to compensation for improvements . . 22
 
 VI 
 
 CONTENTS. 
 
 Procedure. 
 
 SECT. 
 
 7. Notice of intended claim .... 
 
 8. Compensation agreed or settled by reference . 
 
 9. Appointment of referee or referees and umpire 
 
 10. Requisition for appointment of umpire by Land 
 
 missioners, Sfc. .... 
 
 11. Exercise of powers of county court 
 
 12. Mode of submission to reference . 
 
 13. Power for referee, tyc. to require production of 
 
 ments, administer oaths, Sj'c. 
 
 H. Power to proceed in absence 
 
 15. Form of award ..... 
 
 16. Time for award of referee or referees . 
 
 17. Award in respect of compensation under ss. 3, 4 
 
 18. Reference to and award by umpire 
 
 19. Award to give particulars . 
 
 20. Costs of reference .... 
 
 21. Day for payment .... 
 
 22. Submission not to be removable, Sfc. 
 
 23. Appeal to county court 
 
 24. Recovery of compensation 
 
 25. Appointment of guardian 
 
 26. Provisions respecting married women 
 
 27. Costs in county court 
 
 28. Service of notice, &c. 
 
 Com 
 
 docu 
 
 and 5 
 
 PAGE 
 
 23 
 24 
 24 
 
 25 
 
 25 
 25 
 
 26 
 26 
 26 
 26 
 26 
 27 
 28 
 28 
 29 
 29 
 29 
 30 
 31 
 31 
 32 
 32 
 
 Charge of Tenants Compensation. 
 
 29. Power for landlord on paying compensation to obtain 
 
 charge ......... 33 
 
 30. Incidence of charge ....... 35 
 
 31. Provision in case of trustee ..... 36 
 
 32. Advance made by a company ..... 37 
 
 Notice to Quit. 
 
 33. Time of notice to quit .... 
 
 Fixtures. 
 
 34. Tenant's property in fixtures, machinery, &c. 
 
 38 
 
 40
 
 CONTENTS. Yll 
 Crown and Duchy Lands. 
 
 SECT. p A(}E 
 
 35. Application of Act to Crown lands .... 42 
 
 36. Application of Act to land of Duchy of Lancaster . 43 
 
 37. Application of Act to land of Duchy of Cornwall . 44 
 
 Ecclesiastical and Charity Lands. 
 
 38. Landlord, archbishop or bishop . . . 44 
 
 39. Landlord, incumbent of benefice . . . . 45 
 
 40. Landlord, charity trustees, &c. ..... 45 
 
 Resumption for Improvements, and Miscellaneous. 
 
 41. Resumption of possession for cottages, &c. . . 46 
 
 42. Provision as to limited owners . . . . . 47 
 
 43. Provision in case of reservation of rent ... 47 
 
 PART II.— Distress. 
 
 44. Limitation of distress in respect of amount and time . 48 
 
 45. Limitation of distress in respect of things to be 
 
 distrained ........ 50 
 
 46. Remedy for wrongful distress under this Act . . 52 
 
 47. Set-off of compensation against rent .... 54 
 
 48. Exclusion of certiorari ...... 54 
 
 49. Limitation of costs in case of distress .... 54 
 
 50. Repeal of 2 Will. <Sj* Mary, c. 5, s. 1, as to appraisement 
 
 and sale at public auction ..... 54 
 
 51. Extension of time to replevy at request of tenant . . 55 
 
 52. Bailiffs to be appointed by county court Judy es . . 55 
 
 PART III. — General Provisions. 
 
 53. Commencement of Act . . . . . . 58 
 
 54. Holdings to which Act applies ..... 58 
 
 55. Avoidance of agreement inconsistent with Act . . 59 
 
 56. Right of tenant in respect of improvement purchased 
 
 from outgoing tenant ...... 60 
 
 57. Compensation under this Act to be exclusive ... 60
 
 Vlll 
 
 CONTENTS. 
 
 SECT. PAGE 
 
 58. Provision as to change of tenancy . . . . 61 
 
 59. Restriction in respect of improvements by tenant 
 
 about to quit ....... 61 
 
 60. General saving of rights ...... 62 
 
 61. Interpretation . . . . . . • . . 63 
 
 62. Eepeal of Acts of 1875 and 1876 .... 65 
 
 63. Short title of Act 65 
 
 64. Limits of Act 65 
 
 Schedules ........ 66 
 
 THE TENANTS' COMPENSATION ACT, 1890. 
 
 1. Construction and short title ..... 
 
 2. Compensation to tenants where mortgagee in posses- 
 
 sion 
 
 3. 51 & 52 Vict. c. 51, to apply to compensation under 
 
 46 & 47 Vict. c. 61, s. 31 .... 
 
 4. Exception of tithe rent-charge .... 
 
 5. Extent of Act 
 
 70 
 
 71 
 
 75 
 75 
 75 
 
 THE MARKET GARDENERS' COMPENSATION 
 
 ACT, 1895. 
 
 1. Short title and construction ..... 
 
 2. Commencement of Act ...... 
 
 3. Amendment and extension of 46 & 47 Vict. o. 61, as to 
 
 improvements executed in or upon market gardens 
 
 4. Application to current tenancies .... 
 
 5. As to Crown lands and lands belonging to the Duchies 
 
 of Lancaster and Cornwall ..... 
 
 6. Interpretation ........ 
 
 76 
 76 
 
 77 
 79 
 
 81 
 81
 
 CONTENTS. 
 
 IX 
 
 THE AGRICULTURAL HOLDINGS ACT, 1900. 
 
 SECT. 
 
 1 . Eight of tenant to compensation for improvements 
 
 2. Settlement of differences by arbitration 
 
 3. Land charges ..... 
 
 4. Fixtures and buildings 
 
 5. Power of entry ..... 
 
 6. Penal rents and liquidated damages . 
 
 7. Improvements executed before Act comes into opera 
 
 tion ..... 
 
 8. Notice of termination of tenancy 
 
 9. Interpretation . 
 
 10. Application to Scotland 
 
 11. Extent of Act . 
 
 12. Eepeal 
 
 13. Commencement of Act 
 
 14. Short titles 
 
 Schedule I. . 
 
 Schedule II. (Eules as to arbitration) 
 
 Schedule III. (Enactments repealed) 
 
 PAGE 
 
 83 
 90 
 94 
 95 
 95 
 96 
 
 97 
 
 97 
 
 97 
 
 97 
 
 98 
 
 98 
 
 99 
 
 99 
 
 100 
 
 102 
 
 109 
 
 ALLOTMENTS AND COTTAGE GARDENS COM 
 PENSATION FOR CROPS ACT, 1887. 
 
 1. Short title 
 
 2. Extent of Act 
 
 3. Commencement of Act ..... 
 
 4. Definitions ....... 
 
 5. Compensation ....... 
 
 6. Deduction from compensation on account of rent or 
 
 breach of contract ...... 
 
 7. Compensation if not agreed upon to be settled by an 
 
 arbitrator ....... 
 
 8. Appointment of arbitrator 
 
 9. Justices, if practicable, to appoint person to act as 
 
 arbitrator without remuneration . 
 10. Time for commencement of arbitration 
 
 110 
 110 
 110 
 110 
 112 
 
 114 
 
 114 
 114 
 
 115 
 115
 
 CONTENTS. 
 
 SECT. PAGE 
 
 1 1 . Power for arbitrator to administer oaths . . . 115 
 
 12. Power to proceed in absence of either party . . 115 
 
 13. Form of award and time for its delivery . . .115 
 
 14. Costs of arbitration . . . . . . .115 
 
 15. Day for payment . . . . . . .116 
 
 16. Award to be final . . . . . . .116 
 
 17. Recovery of compensation money . . . .116 
 
 18. No claim to be made under the Agricultural Holdings 
 
 (England) Act for any matter or thing for which a 
 claim is made under this Act . . . . 116 
 
 APPENDIX. 
 
 Part I. 
 Board of Agriculture Rules, and Forms thereunder. 
 
 Agricultural Holdings (England) Eules of 1900 . . 117 
 
 First Schedule. 
 
 Form A . — Form of award . . . . 118 
 
 Form B. — Eecital of appointment of a single 
 
 arbitrator . . . . .121 
 
 Form C. — Eecital of appointment of two arbi- 
 trators . . . . .121 
 
 Form D. — Eecital of appointment of umpire . 122 
 
 Second Schedule. 
 
 Form E. — Application for appointment by 
 Board of Agriculture of a single 
 arbitrator . . . . .122 
 
 Form F. — Application for appointment by 
 Board of Agriculture of arbitrator 
 for party failing to appoint . . 123 
 
 Form G. — Application for appointment by 
 
 Board of Agriculture of umpire . 124 
 
 Form H. — Application to Board of Agriculture 
 
 for extension of time for award . 125
 
 CONTENTS. XI 
 
 Part II. 
 
 General Forms. 
 
 NO. PAGE 
 
 1. Consent by landlord to making of an improvement in 
 
 Schedule I., Part 1 . . . . . .126 
 
 2. Consent by agent to same upon terms . . .126 
 
 3. Consent by landlord to laying down of a field in 
 
 permanent pasture and agreement as to compensa- 
 tion ......... 126 
 
 4. Notice by tenant of intention to execute an improve- 
 
 ment in Schedule I., Part 2 128 
 
 5. Undertaking by landlord to execute improvement 
 
 himself 128 
 
 6. Agreement as to terms of compensation for improve- 
 
 ment in Schedule I., Part 2, to be paid to tenant 
 under a lease . . . . . . .128 
 
 7. Clause fixing terms of compensation for improvement 
 
 in Schedule I., Part 2 129 
 
 8. Particular agreement as to compensation for improve- 
 
 ment in Schedule I., Part 3 . . . . .130 
 
 9. Particular agreement for compensation for consump- 
 
 tion of cake . . . . . . . .131 
 
 10. Agreement for half-year's notice to quit . . .132 
 
 11. Notice of intention to remove fixture . . . .132 
 
 12. Notice by landlord of intention to purchase fixture . 132 
 
 13. Notice to tenant to quit part of holding . . .132 
 
 14. Notice accepting notice as for the entire holding . . 133 
 
 15. Clause excluding operation of the Acts except as to 
 
 compensation . . . . . . .133 
 
 16. Consent of landlord to payment of compensation by 
 
 incoming to outgoing tenant . . . . .133 
 
 17. Notice of claim for compensation for improvements . 134 
 
 18. Notice by landlord of claim for waste or breach of 
 
 covenant . . . . . . . .134 
 
 19. Notice by tenant of claim for other matters in respect 
 
 of the holding . . . . . . .135 
 
 20. Agreement between landlord and tenant after claim 
 
 for compensation . . . . . . .135
 
 Xll CONTENTS. 
 
 NO. PAGE 
 
 21. Clause providing that all disputes and claims shall be 
 
 decided by two arbitrators under the Acts . . 136 
 
 22. Agreement that claims shall be settled by reference 
 
 under Arbitration Act, 1889 136 
 
 23. Short form providing that claims under the Acts shall 
 
 be referred to two arbitrators or an umpire . . 137 
 
 24. Agreement appointing a single arbitrator . . .137 
 
 25. Notice requiring arbitrator to act . . . . 137 
 
 26. Appointment of arbitrator by landlord or tenant . 138 
 
 27. Notice of appointment of arbitrator . . . . 138 
 
 28. Appointment of umpire . . . . . .138 
 
 29. Request to appoint umpire . . . . .139 
 
 30. Extension of time for making award . . . .139 
 
 31. Form of oath for witness . . . . . .139 
 
 32. Form of affirmation for witness objecting to be sworn 139 
 
 Part III. 
 
 Lord Chancellor's order of November 27th, 1900, as 
 
 to costs ......... 140 
 
 County Court Rules {November), 1900. Order XLa. 
 
 RULES 
 
 1. Appointment of guardian . . . . . .141 
 
 2. Application for order to state case . . . .142 
 
 3. Statement of case by arbitrator . . . . 143 
 
 4. Application for removal of arbitrator or to set aside 
 
 award ......... 145 
 
 5. Application for taxation of costs of arbitration . . 148 
 
 6. Review of taxation by judge ..... 149 
 
 7. Application for recovery of money awarded to be paid 
 
 for compensation under the Acts or the Allotments 
 and Cottage Gardens Compensation for Crops 
 Act, 1887 149 
 
 8. Proceedings for recovery of money agreed to be paid 
 
 for compensation . . . . . . .150
 
 CONTENTS. Xlll 
 
 County Court Forms. 
 
 RULES PAGE 
 
 311b. Application for order directing statement of claim . 150 
 311c. Notice of day upon which special case will be heard 151 
 31 Id. Order on hearing of special case .... 152 
 31 1e. Application for removal of arbitrator, or to set 
 
 aside award . . . . . . .153 
 
 31 If. Notice to applicant of day upon which application 
 
 will be heard . . . . . . .154 
 
 31 1g. Notice to respondents of day on which application 
 
 will be heard . . . . . . .154 
 
 312b. Application for order for recovery of money 
 
 awarded to be paid . . . . . .155 
 
 312c. Order for recovery of money awarded to be paid . 156 
 
 INDEX 157
 
 TABLE OF CASES. 
 
 PAGE 
 
 Ahearn v. Bellman 39 
 
 Aldenburgh v. Peaple 39 
 
 Alford v. Vickery 39 
 
 Barff v. Probyn 42 
 
 Barlow v. Teal 39 
 
 Barnes v. Dowling 94 
 
 Baynton v. Morgan 21 
 
 Bessell v. Landberg 39 
 
 Bevan v. Chambers 85 
 
 Bew, re, ex parte Bull 12, 50 
 
 Black v. Clay 87, 92 
 
 Brown v. Crump 94 
 
 Bury v. Thompson 39 
 
 Callander v. Smith 80, 82 
 
 Cartwright, re, Avis v. Newman 94 
 
 Coode v. Johns 69 
 
 Cooper v. Pearse 81, 111, 113 
 
 Corbett v. Plowden 72 
 
 Davies v. Davies 94 
 
 Doe r. Archer 47 
 
 Doe v. Dunbar 39 
 
 Doe v . Geeckie 21 
 
 Doe v. Milward 39 
 
 Doe v. Porter 84 
 
 Doe v. Stratton , 84 
 
 Earl v. Stocker 108 
 
 Elliott & S. Devon Ry. Co., re. . 108 
 Elwes v. Mawe 11, 41 
 
 Farquharson v. Morgan 27, 93 
 
 PAGE 
 
 Gaslight & Coke Co. v. Holloway 92 
 
 Gough v. Gough 34 
 
 Griffiths & Morris, re ... . 25, 29, 108 
 
 Hammond, re 82 
 
 Hanmer v. King 54 
 
 Hart Dyke, ex parte, re Morrish . 85 
 
 Holme v. Brunskill 21 
 
 Holmes & Formby, re 23, 30 
 
 Hutchinson, ex parte 65 
 
 Hutton v. "Warren 95 
 
 James v. Dean 84 
 
 Johnstone v. Huddlestone .... 39 
 Jones v. Marsh 39 
 
 Keech v. Hall 72 
 
 Kimberley v. Dick 108 
 
 King v. Eversfield 59, 64 
 
 La vies, re, ex parte Stephens .... 42 
 
 Lloyd & Tooth, re 30, 61 
 
 London & "Westminster Discount 
 
 Co. v. L. & N. W. Ry 49 
 
 London & Yorkshire Bank v. 
 
 Belton 51 
 
 Mansel v. Norton 64 
 
 Masters v. Green . .51, 52 
 
 Matthews v. Usher 72 
 
 Meux v. Cobley 78 
 
 Miles v. Furber 52 
 
 Morant v. Taylor 53 
 
 Morley v. Carter 87, 92
 
 XVI 
 
 TABLE OF CASES. 
 
 PAGE 
 
 Morrish, re, ex parte Hart Dyke . 85 
 
 Moss v. G-allimore 49 
 
 Municipal, &c. Building Soc. v. 
 
 Smith 49 
 
 Newby v. Eckersley 21, 61, 90 
 
 Nickells v. Atherstone 86 
 
 Palmer and Hosken & Co., re . . 107 
 
 Papillon v. Brunton 39 
 
 Paul, re, ex parte Portarlington 
 
 (Earl) 87,92 
 
 Pearson & I'Anson, re.. 11, 61, 78,90 
 
 Philipps v. Rees 69 
 
 Pugh v. Arton 42 
 
 Purser p. Worthing Local Board . . 59, 
 
 81 
 
 Peg. v. Cbantrell 54 
 
 Right v. Darby 38 
 
 Rodd v. Archer 47 
 
 Rogers v. Humphreys 50 
 
 Rolfe v. Peterson 96 
 
 Ross v. Boads 108 
 
 Schofield v. Hincks 85, 92 
 
 Shrubbv.Lee 27 
 
 PAGE 
 
 Sidebotham v. Holland 39 
 
 Sloman v. Walter 96 
 
 Smith v. Acock 21,97 
 
 Smith v. Richmond 58 
 
 Stephens, ex parte, re Lavies . . 42 
 
 Tabernacle Building Soc. v. 
 
 Knight 107 
 
 Tanham v. Nicholson 39 
 
 Thomas v. Jennings 42 
 
 Torriano v. Young 93 
 
 Towerson v. Jackson 72 
 
 Turner v. Hutchinson 17 
 
 Tutton v. Darke 49 
 
 Underhay v. Read 72 
 
 Vivian v. Moat 85 
 
 Walker, re, ex parte Gould .... 42 
 
 Walsh v. Lonsdale 49, 84 
 
 Wardell v. Usher 79 
 
 Watherell v. Howells 79 
 
 Weddall v. Capes 39 
 
 Whittaker v. Barker 86 
 
 Wilkinson v. Calvert 38
 
 THE AGBICULTURAL HOLDINGS (ENGLAND) 
 
 ACTS, 1883 to 1900. 
 
 INTBODUCTION. 
 
 The collection of statutes known as the Agricultural 
 Holdings (England) Acts, 1883 to 1900, deals with the 
 subject of compensation for improvements effected on 
 agricultural holdings and market gardens, and with 
 certain other matters affecting the relations of landlord 
 and tenant on such holdings. The statutes included 
 under this heading are the Agricultural Holdings 
 (England) Act, 1883, the Tenants' Compensation Act, 
 1890, the Market Gardeners' Compensation Act, 1895, 
 and the Agricultural Holdings Act, 1900. They may be ^J^ u 
 cited together under the above heading, and the three 
 later statutes are to be construed as one with the 
 Agricultural Holdings (England) Act, 1883. 
 
 The Agricultural Holdings (England) Act, 1883, 
 effected important changes in the law relating to 
 holdings of whatever size, either wholly agricultural or Sect. 51. 
 pastoral, or in part agricultural and as to the residue 
 pastoral, or in whole or in part cultivated as a market 
 garden. 
 
 Previously to the passing of this Act the tenant was 
 not necessarily entitled to any compensation for im- 
 provements executed during his tenancy. On his 
 
 S. B
 
 2 AGRICULTURAL HOLDINGS (ENGLAND) ACTS. 
 
 quitting his holding, the landlord reaped the sole 
 benefit of the improvements (if any) effected by the 
 tenant, in accordance with the legal maxini : " Quicquid 
 planted ur solo, solo eedit" The exception to this ride 
 was, that in several counties, notably Lincolnshire, 
 Leicestershire, and Grlaniorganshire, compensation for 
 improvements was to some extent provided by the 
 custom of the country. The Agricultural Holdings 
 (England) Act, 1875, had also provided compensation 
 for the improvements therein mentioned, but as it was 
 competent for either landlord or tenant to exclude its 
 operation, and the common practice was to exclude it, 
 it had very little effect. The operation of the Act of 
 Sect. 55. 1883, however, could not, so far as it provided compen- 
 sation to tenants for improvements, be excluded. 
 
 The Agricultural Holdings Act, 1900, was passed in 
 consequence of the recommendations made in their 
 Eeport in 1897 by the Eoyal Commission on Agricul- 
 tural Depression (Parliamentary Paper C. 8540). The 
 recommendations of the Commission for the amendment 
 of the Act of 1883 were as follows : — 
 
 1. That notice to the landlord, but not his consent, 
 be required in respect of the following improve- 
 ments : — 
 
 The improving of roads. 
 
 The improving of watercourses. 
 
 Making of gardens not exceeding one acre. 
 
 Planting of orchards or fruit bushes not ex- 
 ceeding one acre. 
 
 Making and planting of orchards not exceeding 
 one acre.
 
 INTRODUCTION. 
 
 2. That sect. 1 of the Agricultural Holdings Act, 
 
 1883, be amended by the omission of the proviso 
 recognising the inherent capabilities of the soil. 
 
 3. That it be made clear that power is given to 
 
 referees to award compensation for long-continued 
 use of manures. 
 
 4. That the consumption by cattle, sheep, and pigs 
 
 of corn produced on the holding should be the 
 subject of compensation. Also that compensation 
 be allowed in respect of com consumed by horses 
 other than those regularly employed on the 
 
 farm. 
 
 5. That the principles of the Arbitration Acts of 1889 
 
 be adopted, by which, unless the parties other- 
 wise determine, the case is referred to a single 
 arbitrator. 
 
 6. That in all cases under the Acts the umpire should 
 
 be chosen from a list approved by the Board of 
 Agriculture, and that " referees" should be styled 
 " valuers." 
 
 7. That power be given to umpires and valuers to 
 
 include in one award compensation for claims by 
 either party under custom or agreement in respect 
 of matters and things not included in the Acts, 
 as well as those which are under the Acts. 
 
 8. That notices of claim be done away with, due 
 
 provision being made for either party putting 
 the Acts into operation, and for written state- 
 ments of claim being laid before the referees; 
 and that if neither party claim within three 
 months from the determination of the tenancy, 
 all right to claim shall be barred. 
 
 b2
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACTS. 
 
 If, however, the notice of claim be retained, 
 we recommend that the determination of a 
 tenancy, for the purpose of sect. 7 of the Acts, 
 should be deemed to be the period when rent 
 ceases to accrue. 
 9. That the dilapidations for which a landlord may 
 claim compensation should be scheduled. 
 
 10. That no sum be recoverable as a penal rent or in 
 
 respect of any breach of covenant in excess of 
 the amount of actual damage sustained by the 
 landlord. 
 
 11. That the period in respect of which a landlord. 
 
 may claim waste or breach under sect. 6 of the 
 Acts be limited in the case of all tenancies froin 
 year to year to a period of two years. 
 
 12. That except on points of law there be no appeal 
 
 from the award under the Acts. 
 
 13. That distress for rent be limited to such rent as 
 
 has accrued within, and in respect of, a period 
 of twelve months expiring at the date of such 
 distress. 
 Many of these recommendations, though not all, have 
 
 been included in the Act of 1900, which comes into 
 
 force on January 1, 1901. 
 
 The general effect of the law contained in the Agricul- 
 tural Holdings (England) Acts, 1883 to 1900, may be 
 
 considered under five heads : — 
 
 1. Compensation for improvements. 
 
 2. Notice to quit. 
 
 3. Fixtures. 
 
 4. Distress. 
 
 5. Other matters.
 
 INTRODUCTION. 
 
 5 
 
 1. Compensation for Improvements. 
 
 The tenant at the determination of his tenanoy is Sect, l 
 
 (1900). 
 
 entitled to compensation for the improvements men- 
 tioned in the 1st Schedule to the Act of 1900, and such 
 compensation is to be measured by their value to an 
 incoming tenant, not by their cost to the outgoing 
 tenant. In estimating the improvement, the " inherent 
 capabilities of the soil " are not to be taken into account 
 as part of the improvement. If the tenant chooses, 
 he may claim compensation under the custom of the 
 country or under any agreement in lieu -of claiming 
 under the Acts for any improvement which is covered 
 by the Acts. This option was excluded by the Act of 
 1883, but is now given by the Act of 1900. 
 
 The 1st Schedule is divided into three parts. Im- Schedule 
 
 1, part 1. 
 
 provements in the first part are of a permanent nature, 
 such as the erection of buildings, the laying down of 
 permanent pasture, the formation of silos, &c. The 
 tenant is not entitled to compensation for any improve- 
 ments mentioned in this part of the Schedule, unless 
 the landlord has previously to the execution of the 
 improvement given his consent in writing. The con- 
 sent may be given on any terms as to compensation or 
 otherwise. 
 
 The second part of the 1st Schedule includes only Schedule 
 
 . ' 1) P art 2. 
 one improvement, viz., Drainage. A tenant intending Sect 4> 
 
 to drain must give notice to the landlord, not more 
 
 than three or less than two months before beginning 
 
 the improvement, of his intention, and of the manner 
 
 in which he proposes to execute the improvement. The 
 
 landlord may agree with him as to the compensation
 
 6 AGRICULTURAL HOLDINGS ( ENGLAND) ACTS. 
 
 payable, or may undertake to execute the improvement 
 himself, and after executing the same in any " reason- 
 able and proper manner which he thinks fit," may 
 charge the tenant 5 per cent, on his outlay or an annual 
 sum which will repay the outlay in twenty-five years 
 with interest at the rate of 3 per cent. The landlord 
 and tenant may dispense with notice and come to 
 an agreement in a lease or otherwise with regard to 
 drainage. If the tenant executes the improvement him- 
 self, and does not make any agreement with his landlord, 
 he becomes entitled to compensation under the Act. 
 
 Sched. l, Improvements mentioned in the third part of the 
 Dart 3 
 
 1st Schedule are improvements which tend directly to 
 
 increase the fertility of the soil, and consist in the 
 application of some external substance, such as artificial 
 manure, lime, &c, to the land, or the consumption on 
 the holding by cattle, sheep, pigs, or horses, other than 
 those regularly employed on the holding, of corn, cake, 
 or other feeding stuff not produced on the holding, or 
 of corn proved to have been produced and consumed on 
 the holding. This part also includes laying down tem- 
 porary pasture with clover, grass, &c, sown more than 
 two years prior to the determination of the tenancy. It 
 further includes, in the case of holdings to which the 
 Market Gardeners' Compensation Act, 1895, applies 
 (that is, any holding or part of a holding agreed in 
 writing to be let or treated as a market garden), the 
 planting of fruit trees or fruit bushes permanently set 
 out, the planting of strawberry plants and asparagus, 
 rhubarb, and other vegetable crops which continue 
 productive for two or more years, and the erection or 
 enlargement of buildings for the trade or business of a
 
 INTRODUCTION. 
 
 market gardener. The tenant is entitled to compensa- 
 tion for anj- improvements mentioned in the third part 
 of the 1st Schedule, whether the landlord has consented 
 to them or not. The only case in which the operation 
 of the Act is excluded is when " fair and reasonable " Sect. 5. 
 compensation is provided by a " particular agreement " 
 in wiiting for improvements of this kind. 
 
 The compensation due to the tenant may be dimin- Sect, l 
 
 . , (1900). 
 
 ished (a) by any benefit allowed to iimi by the landlord 
 in consideration of his executing the improvement, 
 (b) by an allowance for the value of the manure 
 required by the tenancy or custom to be returned in 
 respect of crops sold off or removed within the last two 
 years of his tenancy, not exceeding the value of the 
 manure which would in fact have been produced by the 
 consumption on the holding of the crops so sold off or 
 removed. No claim can be made by a tenant for com- g ec t. 59. 
 pensation for any improvements, other than manures, 
 begun within a year of the expiration of his tenancy, 
 unless he holds under a yearly tenancy and less than 
 one year's notice to quit be required (in which case the 
 improvement must not be begun after the final notice to 
 quit), or unless the landlord has assented or failed to 
 object to the making of the improvement. 
 
 A tenant desiring to claim compensation under the Sect. 2 
 
 (1900). 
 
 Acts is not required to give any formal or specific notice, 
 but must make his claim before the determination of 
 the tenancy, and it would be prudent that he should 
 make it in writing to the landlord stating the general 
 nature of the claim, though a statement of the actual 
 amount claimed would seem unnecessary. 
 
 An agreement may be concluded between the parties
 
 8 AGRICULTURAL HOLDINGS (ENGLAND) ACTS. 
 
 as to the compensation payable, or failing an agreement 
 
 Se ° t - \ tlie matter will be decided by arbitration. The tenant 
 sub-s. 3 J 
 
 (1900). may, not later than seven days after the appointment of 
 the arbitrator or arbitrators, by written notice to the 
 landlord, require the arbitration to extend to any claim 
 he has against the landlord for breach of contract or any 
 other matter, such as tillages, unconsumed hay or 
 straw, &c, and the landlord may, by a similar notice to 
 the tenant, require the arbitration to extend to any 
 claim he may have against the tenant for breach of con- 
 tract, waste, &c. The arbitration may thus be made to 
 include all claims on either side, such as usually arise on 
 the determination of a tenancy, instead of, as under the 
 Act of 1883, being confined to claims under the Act. 
 Sect. 24. The balance awarded on either side may be recovered 
 Sect. 2, by order of the County Court. If the tenant lawfully 
 (1900). remains in occupation of part of the holding after the 
 determination of his tenancy as to the whole, he may 
 claim for an improvement executed on that part after 
 such determination at any time before he quits that 
 part, and the arbitrator may make a separate award as 
 to such part. 
 Sched. 2 Any arbitration after January 1, 1901, will, unless 
 
 (1900). J . ... 
 
 both parties otherwise agree in writing, be before a 
 single arbitrator agreed upon by the parties or in de- 
 fault of agreement to be appointed by the Board of 
 Agriculture on the application in writing of either 
 party. He must make and sign his award within 
 twenty-eight days of his appointment, or within such 
 longer period as the Board of Agriculture may deter- 
 mine. If the parties agree in writing that there be 
 not a single arbitrator, each will appoint an arbitrator,
 
 INTRODUCTION. - 
 
 and the arbitrators will appoint an umpire. If default 
 is made either in the appointment of an arbitrator for 
 fourteen days after notice from one party to the other, 
 or of an umpire for seven days after request from either 
 party, the appointment will be made by the Board of 
 Agriculture. The award is final and binding on the 
 parties without any right to appeal, unless the arbitrator 
 has misconducted himself, or the arbitration or award 
 has been improperly procured, in which case the County 
 Court may set the award aside ; but the arbitrator may 
 correct any clerical mistake or error arising from any 
 accidental slip or omission. He is bound on the applica- 
 tion of either party to specify in his award the amount 
 awarded in respect of any particular improvement. The 
 arbitrator may at any stage of the proceedings, and 
 shall, if so directed by the County Court, state a case for 
 the opinion of the County Court on any question of law 
 arising, and there is an appeal from the County Court 
 to the Court of Appeal, whose decision is final. 
 
 If compensation is paid by an incoming to an out- g e3 t. 56. 
 going tenant with the consent of the landlord, or even 
 without such consent in the case of a market garden, he 
 has the same right as against the landlord on quitting 
 his holding as the outgoing tenant would have had, if 
 he had remained on. A charge upon the holding may g ect# 2 9. 
 be obtained by the landlord for any compensation paid 
 by Mm, and if the landlord is a trustee or mortgagee 
 he will not be liable personally for compensation, but it 
 may be charged upon the holding by an order of the 
 
 Board of Agriculture, and the charge so made will be a Sect. 3 
 
 (1900 . 
 
 " land charge " within the Land Charges Registration 
 and Searches Act, 1888.
 
 10 AGRICULTURAL HOLDINGS (ENGLAND) ACTS. 
 
 Sect. 55. As before stated, compensation by agreement between 
 the parties may be substituted for compensation under 
 the Acts in respect of any improvements mentioned in 
 the first or second parts of the 1st Schedule, and in 
 respect of improvements in the third part of the same 
 Schedule by a " particular " agreement for " fail* and 
 reasonable " compensation. But save as above men- 
 tioned any agreement, whereby a tenant is deprived of 
 his right to claim compensation under the Acts, is void. 
 The landlord and tenant may, however, it would seem, 
 contract themselves out of the other portions of the 
 Acts, and a tenant may, if he choose, claim under 
 custom or agreement in lieu of claiming under the Act, 
 though the landlord cannot compel him to do so. 
 
 2. Notice to Quit. 
 
 Sect. 33. The law before the Act of 1883 was that a half- 
 
 year's notice to .quit was sufficient to determine a yearly 
 tenancy. Now, where a half-year's notice was " by 
 law " necessary and sufficient, in all cases to which the 
 Act applies — that is, all holdings of an agricultural, 
 pastoral, or market garden nature as provided in sect. 54 
 of the Act of 1883 — a year's notice expiring with a 
 year of tenancy is necessary and sufficient. 
 
 The landlord and tenant may exclude this section by 
 agreement. 
 
 Sect. 41. A landlord may under this Act give a good notice to 
 
 the tenant to quit part of his holding in order to 
 resume the land r<>r certain improvements, such as the 
 erection of labourers' cottages, the providing of allot- 
 ments, the planting of trees, &e., specified in sect. 41 ;
 
 INTRODUCTION. 11 
 
 but the tenant may treat such a partial notice as a notice 
 
 to quit his entire holding. 
 
 In the case of a tenancy not binding on the mortgagee Sect. 2 
 
 of the land, it is enacted that the mortgagee must give { - 
 
 the occupier six months' notice to quit before he 
 
 deprives him of the land, and if he so deprives him the 
 
 occupier will be entitled to compensation for his crops 
 
 and for expenditure made by him in the expectation of 
 
 holding his land for the full term of his contract of 
 
 tenancy. 
 
 3. Fixtures. 
 
 Fixtures formerly became the property of the land- g ec t. 34. 
 lord on the determination of the tenancy. An ex- 
 ception was however introduced in the case of what 
 are called "tenant's fixtures " and "trade fixtures." 
 The latter, it was decided by the well-known case 
 of Ehces v. Maice (2 Sm. L. 0. 183), do not include 
 fixtures put up for the purpose of agriculture. By 
 14 & 15 Vict. c. 25, s. 3, an agricultural tenant was 
 enabled to remove fixtures put up by him with the 
 consent of his landlord for agricultural purposes. Now 
 all fixtures, whether erected by the tenant or purchased 
 from a former tenant, are the property of and removable 
 by the tenant before or within a reasonable time after 
 the determination of his tenancy. The landlord has 
 however a right to one month's notice of removal, and 
 may elect to purchase the fixtm'es. 
 
 It is to be observed that an absolute property in the 
 fixtures (subject to the landlord's option of purchase) is 
 thus vested in the tenant. The value of the fixtures 
 may, if necessary, be ascertained in the same way as 
 compensation under the Acts.
 
 12 AGRICULTUBAL HOLDINGS (ENGLAND ) ACTS. 
 
 The provisions of sect. 34 extend to any fixture or 
 building affixed or erected by a tenant for the purposes 
 of his trade or business of a market gardener, and a 
 tenant of a market garden may remove fruit trees and 
 fruit bushes planted by him and not permanently set 
 out. 
 
 4. Distress. 
 
 Sect. u. Six years' arrears of rent could at the time of the 
 passing of the Act of 1883 be levied by distress. In 
 the case of arrears arising subsequently, a landlord may 
 not distrain for rent which has become due more than 
 one year before the making of the distress. In cases 
 however, where in the " ordinary course of dealing " 
 payment of rent is habitually deferred until a quarter or 
 half-year after the day when it becomes due, the rent 
 is only deemed to become due at the expiration of such 
 quarter or half-year. The amount of rent actually 
 leviable by distress may, if payment is deferred 
 habitually, exceed one year's rent, for the landlord may 
 distrain for rent due but not yet payable according to 
 the " ordinary course of dealing," and also for the rent 
 which has become payable during the previous year 
 according to " the ordinary course of dealing." (Re 
 Sew, Ex parte Bulk 56 L. J. Q. B. 270 ; 18 Q. B. D. 
 642.) >-^'- * 
 
 Sect. 46. Live stock agisted at a fair price is exempted from 
 distressj excj^>t to the extent 'bf the price agreed to be 
 paid for filing. The exemption extends to machinery, 
 the bond jjjfr property of a person other than the tenant, 
 on his premises under an agreement for hire, and live 
 stock belonging to such otlier person on the farm solely
 
 INTRODUCTION. 
 
 13 
 
 for breeding purposes. Disputes as to ownership or in Sect. 46. 
 respect of other matters relating to the distress may be 
 heard by the Comity Court or a Court of Summary Sect. 47. 
 Jurisdiction, and where compensation is due to the 
 tenant and the amount has been ascertained the land- 
 lord may not distrain for more than the balance of the 
 rent. 
 
 5. Other Matters. 
 
 The landlord of a holding to which the Acts apply Sect. 5 
 
 ,,,-,./ ( 190 °)- 
 may at all reasonable times enter on the holding to 
 
 view the state of the holding, whether or not the right 
 of entry is expressly given him by his tenancy agree- 
 ment. 
 
 Penal rents are abolished, and the landlord cannot Sect. 6 
 
 ; (1900). 
 
 recover by distress or otherwise any sum for breach of 
 
 covenant beyond the actual damage suffered, except in 
 cases of covenants or conditions against breaking up 
 permanent pasture, grubbing underwoods, felling, cut- 
 ting, lopping or injuring trees, or regulating the 
 binning of heather, in which cases penal rents may be 
 recovered and will be enforceable as before.
 
 THE AGRICULTURAL HOLDINGS 
 
 (ENGLAND) ACT, 1883. 
 
 (46 & 47 Vict. c. 61.) 
 
 §1- 
 
 General 
 right of 
 
 tenant to 
 compensa- 
 tion. 
 
 An Act for Amending the Law relating to Agricultural 
 Holdings in England. 
 
 [25th August, 1883.] 
 
 Be it enacted by the Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the 
 same, as follows (a) : 
 
 PAET I. 
 
 Improvements. 
 
 Compensation for Improvements. 
 
 1. Subject as in this Act mentioned, where a tenant has 
 made on his holding any improvement comprised in the 
 1st Schedule hereto, he shall, on and after the commence- 
 ment of this Act, be entitled on quitting his holding at the 
 determination of a tenancy to obtain from the landlord as 
 compensation under this Act for such improvement such 
 sum ax fairly represents the value of the improvement to an 
 incoming tenant : Provided always, that in estimating the 
 value of any improvement in the 1st Schedule hereto there 
 
 (a) All parts of this Act which have been repealed are printed in 
 italics.
 
 COMPENSATION FOR IMPROVEMENTS. 15 
 
 shall not be taken into account as part of the improvement §§ 1, 2. 
 made by the tenant what is justly due to the inherent 
 capabilities of the soil. 1 
 
 ( : ) Sect. 1, sub-sect. 1, of the Agricultural Holdings Act, 1900, 
 is substituted for this section. 
 
 As to Improvements executed before the Commence- 
 ment of Act. 
 
 2. Compensation under this Act shall not be payable Restric- 
 
 , P . , , t i n , t tion as to 
 
 m respect or improvements executed betore the com- improve- 
 mencement of this Act, -with the exceptions following, ™ ent s be- 
 
 ° fore Act. 
 
 that — 
 
 (1.) Where a tenant has -within ten years before the 
 commencement of this Act made an improve- 
 ment mentioned in the third part of the 1st 
 Schedule hereto, 1 and he is not entitled under 
 any contract, or custom, 2 or under the Agri- 38 & 39 
 cultural Holdings (England) Act, 1875, 3 to Vict, c 92. 
 compensation in respect of such improvement ; 
 or 
 
 (2.) Where a tenant has executed an improvement 
 mentioned in the first and second part of the 
 said 1st 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, 3 to compensation in respect of 
 such improvement, and the landlord within 
 one year after the commencement of this Act 
 declares in writing his consent to the making 
 of such improvement, then 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
 
 16 AGKICULTUKAL HOLDINGS (ENGLAND) ACT 3 1883. 
 
 §§ 2, 3. manner as if this Act had been in force at the 
 
 time of the execution of such improvement. 
 
 Improve- 0) Tne improvements in the third part of the 1st Schedule are 
 
 menta improvements which increase the productive quality of the soil, 
 
 mentioned gucll ag ^ e application of artificial or other purchased manure, 
 
 dule I. " chalking and liming the land, &c. They came within the second 
 
 Part 3. and third classes of the Agricultural Holdings Act, 1875, and 
 
 under that Act were deemed to be exhausted at the end of seven 
 
 or two years according to their nature. The maximum period 
 
 is ten years under this section. 
 
 ( 2 ) For a summary of the various customs which prevail in 
 different counties as to compensation, &c, see Dixon, App. II. 
 
 ( 3 ) It is unlikely that any claim could now be made under 
 the Agricultural Holdings Act, 1875. That Act applied to all 
 tenancies beginning after its commencement (Feb. 14th, -1876); 
 but it is repealed by the Act of 1883 (sect. 62). The only pos- 
 sible claim would be in the case of a long lease beginning 
 between Feb. 14th, 1876, and the commencement of the Act of 
 18S3 (Jan. 1st, 1884), but agricultural leases exceeding twenty- 
 one years in duration are practically unknown. 
 
 As to Improvements executed after the Commence- 
 ment of Act. 
 
 Consent of 3, Compensation under this Act shall not be payable 
 
 1/111 
 
 astohn- in respect of any improvement mentioned in the first 
 provement p ar t f th e i s t Schedule hereto, and executed after 
 Schedule, the commencement of this Act, unless the landlord, or 
 PartL his agent duly authorized in that behalf, 1 has, pre- 
 viously to 2 the execution of the improvement 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 compensation, 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 3 payable 
 thereunder shall be deemed to be substituted for com- 
 pensation under this Act.
 
 IMPROVEMENTS EXECUTED AFTER THE ACT. 17 
 
 (') An ordinary authority to an agent would not enable liini oc 3 4 
 to consent to improvements on behalf of the landlord. A special 
 
 authority to consent would seem to be required : see Turner v. Authority 
 
 r, t> to agent to 
 
 Hutchinson (2 F. & F. 185) ; though in Re Pearson and I Anson consen t. 
 
 (68 L. J. Q. B. 878 ; (1899) 2 Q. B. 618), it was held that it was 
 
 within the scope of an agent entrusted with the management of 
 
 a farm to consent to its alteration to a market garden. 
 
 ( 2 ) It is to be noticed that the consent must be given before When the 
 the improvement is executed. A subsequent consent will not consent 
 
 TY1 1 1 ST i)f* 
 
 enable the tenant to claim compensation in respect of an im- o-iven. 
 provement made after the commencement of the Act. 
 
 ( 3 ) As in the last section, nothing is said in this section as to 
 the adequacy of the compensation under any agreement to 
 exclude a claim for compensation under the Act. It differs in 
 this respect from sect. 5, which says that in the case of improve- 
 ments in the third part of the 1st Schedule the compensation 
 agreed upon must be "fair and reasonable" to oiist the opera- 
 tion of the Act. It is presumed that in analogy to the rule 
 which precludes it from weighing the adequacy of the considera- 
 tion for a contract the Court would not enter into the adequacy 
 of the compensation under this section, and that any compensa- 
 tion not being so small as to be illusory would be sufficient. 
 
 See Forms 1, 2, 3 for consent and agreements. 
 
 4. Compensation under this Act shall not be payable Notice to 
 in respect of any improvement mentioned in the second ^to Im- 
 part 1 of the 1st Schedule hereto, and executed after provement 
 the commencement of this Act, unless the tenant has, dule I. 
 not more than three months 2 and not less than two rart ' 2< 
 months 2 before beginning to execute such improvement, 
 given to the landlord, or his agent duly authorized in 
 that behalf, notice in writing of his intention so to do, 
 and of the manner 3 in which he proposes to do the 
 intended work, and upon such notice being given, the 
 landlord and tenant may agree on the terms as to com- 
 pensation 4 or otherwise on which the improvement is to 
 be executed, and in the event of any such agreement 
 being made, any compensation payable thereunder 
 shall be deemed to be substituted for compensation 
 under this Act, or the landlord may, unless the notice 
 of the tenant is previously withdrawn, 5 undertake 6 to 
 
 s. c
 
 18 AGRICULTURAL HOLDINGS (ENGLA.ND) ACT, 1883. 
 
 § 4- execute the improvement himself , and may execute the 
 same in any reasonable and. proper manner 7 which he 
 thinks fit, and charge the tenant with a sum not ex- 
 ceeding five pounds per centum per annum on the out- 
 lay 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. 8 
 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, 9 the tenant 
 may execute the improvement himself, and shall in 
 respect thereof be entitled to compensation under this 
 Act, 
 
 The landlord and tenant may, if they think fit, dis- 
 pense with any notice under this section, and come to an 
 agreement in a lease or otherwise between themselves in 
 the same manner and of the same validity as if such 
 notice had been given. 10 
 
 ( l ) The second part of the 1st Schedule mentions only one 
 improvement — yiz., drainage. 
 Mean- ( 2 ) ' ' Month " in an Act of Parliament means calendar month : 
 
 ^ g ° f th " See Inter Pretation Act, 1889 (52 & 53 Vict. c. 63), s. 3. 
 _, ( 3 ) "The manner" would include such particulars as the 
 
 "man- diameter of pipes, depth, direction, &c, of proposed drainage 
 
 ner " of works, 
 executing gee Form ^ 
 the pro- 
 posed ( 4 ) See note ( 3 ) to sect. 3. 
 
 •work. (5) jt i s t De noticed that the tenant may, before the landlord 
 
 Tenant undertakes to execute the improvements, withdraw his notice, 
 draw hia " so as *° ^ a ^ e awa y fr' om * ne landlord the power of executing the 
 notice. improvement and charging the tenant with interest on any 
 outlay incurred by him in the work. 
 
 ( c ) It is not expressly stated that the undertaking by tho 
 landlord to execute tho improvement must be in writing, but it 
 would be advisable that it should be so. 
 See Form 5. 
 ( 7 ) Tho landlord is not, by the words of the section, bound to
 
 aare. 
 
 IMPKOVEMENTS EXECUTED AFTER THE ACT. 19 
 
 execute the drainage works in the " manner" proposed by the § *■ 
 tenant, but must do so in a "reasonable and proper manner." 
 
 ( 8 ) Capital money under the Settled Land Act, 1882, may, Capital 
 under sect. 25 of that Act, on a certificate of the Board of Agri- ^<je/the 
 culture, or of a competent engineer, or an order of the Court, be Settled 
 applied in drainage. A tenant for life of settled land is thus Land Act, 
 enabled to sell a portion of his estate for the purpose of execut- 
 ing drainage works. 
 
 Under sect. 29 of this Act, capital money arising under the 
 Settled Land Act, 18S2, may bo applied in payment of any 
 moneys expended and costs incurred by a landlord in or about 
 the execution of any improvement mentioned in the 1st or 2nd 
 parts of the Schedule hereto. 
 
 Under the Land Drainage Act, 1845 (8 & 9 Vict. c. 56), tenants Facilities 
 for life are empowered to apply to the Court of Chancery for leave gi ven ^v 
 to make permanent improvements by draining; and if in the i a t U refor 
 opinion of the Court such improvements would be beneficial to all the raising 
 persons interested, the money expended in making such improve- °* money 
 ments may be charged on the inheritance of the land with interest 
 at a rate notexceeding 5 percent, per annum, payable half-yearly; 
 the principal is to be repaid in equal annual instalments, not less 
 than twelve nor more than eighteen in number. 
 
 Under certain Acts, called the Public Money Drainage Acts, 
 1846 to 1856 (9 ft 10 Yict. c. 101 ; 10 & 11 Vict. c. 11 ; 11 & 12 
 Vict. c. 119 ; 13 ft 14 Vict. c. 31 ; 19 & 20 Vict. c. 9), any owner 
 of land (including a tenant for life) may obtain advances from 
 the public funds for works of drainage to be executed upon a 
 certificate of the Inclosure Commissioners (now the Board of 
 Agriculture). The works must be executed within five years, 
 and the amount is to be repaid by means of a rent-charge of 
 61. 10s. for twenty-two years for every 100?. advanced. 
 
 Under the Improvement of Land Act, 1864 (27 & 28 Vict. 
 c. 114), "improvements of land" include drainage, and provi- 
 sion is made facilitating the borrowing of money by landowners 
 from land improvement companies and others for that purpose. 
 The rate of interest to be charged is not to exceed 5/. per cent, 
 per annum, repayment is by instalments, and the term for 
 repayment is, under the Improvement of Land Act, 1899 
 (62 & 63 Vict. c. 46), such period not exceeding forty years 
 as the Board of Agriculture, having regard in each case to the 
 character and probable duration of the improvement, determine. 
 These loans are under the superintendence of the Board of 
 Agriculture. 
 
 c2
 
 20 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 4, 5. (9) "What would be a "reasonable time" within which the 
 
 ' landlord should execute the improvement must be determined 
 
 •would be a according to the circumstances in each particular case in which 
 
 " reason- the question arises. As drainage works are generally executed 
 
 able "time [ n th e w inter or early spring, it is suggested that the improve- 
 
 TOT* rlip ■ 
 
 execution ment should be executed not later than the winter or spring 
 of tbe next following the undertaking. 
 
 improve- no) g ee p rms 6 and 7. 
 
 ment. 
 
 Reserva- 5. Where, in the case of a tenancy under a contract 
 existing of tenancy current 1 at the eoniniencenient of this Act, 
 and future anv agreement in writing or custom, or the Agricultural 
 of ten- Holdings (England) Act, 1875, 2 provides specific com- 
 ancy " pensation for any improvement comprised in the 1st 
 
 Schedule hereto, compensation in respect of such im- 
 provement, although executed after the commencement 
 of this Act, shall be payable in pursuance of such agree- 
 ment, custom, or Act of Parliament, and shall be 
 deemed to be substituted for compensation under this 
 Act. 
 
 Where in the case of a tenancy under a contract of 
 tenancy beginning after the commencement of this Act, 
 any particular agreement 3 in writing secures to the 
 tenant for any improvement mentioned in the third 
 part of the 1st Schedule hereto, and executed after 
 the commencement of this Act, fair and reasonable 4 
 compensation, having regard to the circumstances 
 existing at the time of making such agreement, 5 then 
 in such case the compensation in respect of such im- 
 provement shall be payable in pursuance of the parti- 
 cular agreement, and shall be deemed to be substituted 6 
 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 1st Schedule 
 hereto, specific compensation for which is not provided
 
 IMPROVEMENTS EXECUTED AFTER THE ACT. 21 
 
 by any agreement in writing, or custom, or the Agri- § 5. 
 cultural Holdings Act, 1875. 
 
 (') A tenancy from year to year under a contract of tenancy 
 current at the commencement of the Act is deemed a tenancy 
 under a contract current at the commencement of the Act until 
 the first day on which either the landlord or tenant could, by 
 giving notice immediately after the commencement of the Act, 
 cause the tenancy to determine. See the Interpretation Clause 
 (sect. 61). 
 
 A new tenancy is not necessarily created by raising the rent Creation 
 of a tenant from year to year : Doe d. Monk v. Geeckie °* a new 
 (1 C. & K. 307) ; Dixon, p. 401. tenancy. 
 
 The surrender of a field forming part of a holding with a pro- 
 portionate reduction of the rent does not create a new tenancy : 
 Holme v. Brunskill (47 L. J. Q. B. 610; 3 Q. B. D. 495); 
 Baynton v. Morgan (57 L. J. Q. B. 465; 21 Q. B. D. 101). 
 
 ( 2 ) It has been held that a notice, by a tenant holding under a 
 tenancy current at the commencement of the Act of 1883, of a 
 claim for compensation for improvements executed after the 
 commencement of the Act is good if given under the Act of 
 1883, though the compensation was to be based upon the 
 principle of the Act of 1875 : Smith v. Acock (53 L. T. 230). 
 
 ( 3 ) The agreement must be a "particular" agreement. The "Particu- 
 meaning of this expression is doubtful. It is presumed that the ^ ar ' ' 
 agreement should contain particulars of the improvements and ^ en ^ ' 
 
 of the compensation to be paid. This agreement only relates to 
 improvements in the third part of the 1st Schedule. There is, 
 however, nothing in the Act to prohibit a landlord and tenant 
 from making an agreement altogether outside the Act as to the 
 terms on which the tenant will quit in respect of matters for 
 which compensation can be obtained under the Act, and the 
 tenant can sue upon such an agreement : Newby v. Eckersley (68 
 L. J. Q. B. 261 ; (1899) 1 Q. B. 465). 
 
 ( 4 ) The words "fair and reasonable" distinguish the com- "Fair and 
 pensation, which excludes the operation of the Act, in this r< r as ° n " 
 paragraph from that mentioned in sections 2 and 3, and in the compensa . 
 earlier paragraph of this section (see note ( 3 ) to sect. 3). tion. 
 
 ( 5 ) These words show that in estimating the fairness of an "Having 
 
 agreement, the state of the farm, &c. at the time of the making regard to 
 
 of the agreement must be considered, not its value at the time e cir " 
 
 . . . . i j. cum- 
 
 of its application. An increase in the value of the farm may stances 
 
 have been caused meanwhile by extraneous circumstances, existing at 
 
 the time."
 
 22 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 5> 6. and the improvement may thereby have become far more 
 Mode of valuable. 
 setting- up See Forms 8 and 9. 
 
 ( 6 ) As to the way in which substituted compensation can be 
 
 " substi 
 tuted" 
 
 compensa- 
 tion. 
 
 set up as an answer to a claim for compensation under the Act, 
 see note to sect. 17. 
 
 tion for 
 improve- 
 ments. 
 
 Beg illations as to Compensation for Improvements. 
 
 Regula- Q t j n i] ie ascertainment of the amount of the compensa- 
 
 tions as to 
 compensa- tion under this Act payable to the tenant in respect of any 
 
 improvement there shall be taken into account in reduction 
 
 thereof: 
 
 (a.) Any benefit which the landlord has given or 
 allowed to the tenant in consideration of the 
 tenant executing the improvement ; and 
 
 (b.) In the case of compensation for manures the value 
 of the manure that would have been produced by 
 the consumption on the holding of any hay, 
 straw, roots, or green crops sold of or removed 
 from the holding within the last two years of the 
 tenancy or other less time for which the tenancy 
 has endured, except as far as a proper return of 
 manure to the holding has been made in respect of 
 such produce so sold off or removed therefrom ; and 
 
 {c) Any sums due to the landlord in respect of rent or 
 in respect of any waste committed or permitted 
 by the tenant, or in respect of any breach of 
 covenant or other agreement connected with the 
 contract of tenancy committed by the tenant, also 
 any taxes, rates, and tithe rent-charge due or 
 becoming due in respect of the holding to which 
 the tenant is liable as between Mm and the 
 landlord. 
 
 There shall be taken into account in augmentation of the 
 tenanfs compensation — 
 
 (d.) Any sum due to the tenant for compensation in 
 respect of a breach of covenant or other agree-
 
 EEGULATIONS AS TO COMPENSATION. 
 
 23 
 
 ment connected with a contract of tenancy and §§6,7,8- 
 
 committed by the landlord. 
 Nothing in this section shall enable a landlord to obtain 
 under this Act compensation in respect of waste by the 
 tenant or of breach by the tenant committed or permitted 
 in relation to a matter of husbandry more than four years 
 before the determination of the tenancy. 1 
 
 ( l ) The matters originally provided for in this section are 
 dealt with in sects. 1 & 2 of the Agricultural Holdings Act, 1900. 
 
 Procedure. 
 
 7. A tenant claiming compensation under this Act shall, Notice of 
 
 7. ,7 7/ • /• ^ ±1 ± intended 
 
 two months at least be/ore the determination of the tenancy, c i a i m . 
 
 give notice in writing to the landlord of his intention to 
 
 make such claim. 
 
 Where a tenant gives such notice, the landlord may, 
 before the determination of the tenancy, or within fourteen 
 days thereafter, give a counter-notice in writing to the 
 tenant of his intention to make a claim in respect of any 
 waste or any breach of covenant or other agreement. 
 
 Every such notice and counter-notice shall state, as far 
 as reasonably may be, the particulars and amount of the 
 intended claim. 1 
 
 (!) It was held that if the amount awarded on the landlord's 
 counterclaim under this section overtopped the tenant's claim, 
 the landlord could not recover the balance under the procedure 
 given by the Act : Be Holmes and Fvrmby (64 L. J. Q. B. 391 ; 
 (1895) 1 Q. B. 174). See now sect. 2, sub-sect. 3, of the Agri- 
 cultural Holdings Act, 1900. 
 
 The 2nd Schedule to the Agricultural Holdings Act, 1900, 
 takes the place of this and the following repealed sections. See 
 post, p. 102. 
 
 8. The landlord and the tenant may agree on the amount Compen- 
 and mode and time of payment of compensation to be paid "**j°^j or 
 under this Act. settled by 
 
 If in any case they do not so agree the difference shall be 
 settled by a reference.
 
 24 
 
 AGRICULTUEAL HOLDINGS (ENGLAND ) ACT, 1883. 
 
 § °. 9, Where there is a reference under this Act, a referee, 
 
 or tico referees and an umpire, shall be appointed as 
 
 Appoint 
 merit of 
 referee or follows :— 
 
 referees 
 
 and 
 
 umpire. 
 
 (1.) If the parties concur, there may be a single referee 
 appointed by them jointly : 
 
 (2.) //' before award the single referee dies or becomes 
 
 incapable of acting, or for seven days after notice 
 
 from the parties, or either of them, requiring him 
 
 to act, fails to act, the proceedings shall begin 
 
 afresh, as if no referee had been appointed. 
 
 (3.) If the parties do not concur in the appointment 
 of a single referee, each of them shall appoint a 
 referee : 
 
 (4.) If before award one of two referees dies or becomes 
 
 incapable of acting, or for seven days after notice 
 
 from either party requiring him to act, fails to 
 
 act, the party appointing him shall appoint 
 
 another referee : 
 
 (5.) Notice of every appointment of a referee by either 
 party shall be given to the other party : 
 
 (6.) If for fourteen days after notice by one party to the 
 other to appoint a referee, or another referee, the 
 other party fails to do so, then, on the application 
 of the party giving notice, the County Court 
 shall within fourteen days appoint a competent 
 and impartial person to be a referee : l 
 
 (7.) Where two referees are appointed, then (subject to 
 the provisions of this Act) they shall before they 
 enter on the reference appoint an umpire : 
 
 (8.) If before a/card an umpire dies or becomes incapable 
 of acting, the referees shall appoint another 
 umpire : 
 
 (9.) If for siren days after request from either party 
 the referees fail to appoint an umpire, or another 
 umpire, then, on the application of either party, 
 the County Court shall within fourteen days
 
 PROCEDURE. 25 
 
 appoint a competent and impartial person to be §§ ®i Wi 
 
 (10.) Every appointment, notice, and request under this 
 section shall be in writing. 
 
 (') It was held in Re Griffiths and Morris (64 L. J. Q. B. 386; Who may 
 (1895) 1 Q. B. S66), that the appointment by the County Court be referee, 
 of a referee under this section must be made by the County 
 Court judge, and could not lawfully be made by his registrar, 
 except with the consent of both parties. 
 
 10. Provided that, where two referees are appointed, an Requisi- 
 umpire may be appointed as follows : tl0n t 01 
 
 (1.) If either party, on appointing a referee, requires, ^^ hj 
 by notice in writing to the other, that the umpire Laud . 
 shall be appointed by the Land Commissioners sioners,"" 
 for England, then the umpire, and any successor &c# 
 to him, shall be appointed, on the application of 
 either part y, by those commissioners. 
 
 (2.) In every other case, if either party on appointing a 
 referee requires, by notice in writing to the other, 
 that the umpire shall be appointed by the County 
 Court, then, unless the other party dissents by 
 notice in writing therefrom, the umpire, and any 
 successor to him, shall on the application of either 
 party be so appointed, and in case of such dissent 
 the umpire, and any successor to him, shall be 
 appointed, on the application of either party, by 
 the Land Commissioners' for England. 
 
 11. The powers of the County Court under this Act Exercise 
 relative to the appointment of a referee or umpire shall be °* CounT 
 exercisable by the judge of the Court having jurisdiction, Court. 
 whether he is without or within his district, and may, by 
 consent of the parties^ be exercised by the registrar of the 
 
 Court. 
 
 12. The delivery to a referee of his appointment shall Mode of 
 be deemed a submission to a reference by the party delivering sioiTto" 
 it ; and neither party shall have power to revoke a sub- reference.
 
 26 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§13,14, mission, or the appointment of a referee, without the consent 
 15,16,17. of the other. 
 
 Power for 13. The referee or referees or umpire may call for the 
 
 referee, production of any sample, or voucher, or other document, 
 
 require or other evidence which is in the possession or power of 
 
 tionof" either party, or which either party can produce, and which 
 
 docu- f fj ie referee or referees or umpire seems necessary for 
 
 ments, , ' 
 
 administer determination of the' matters referred, and may take the 
 
 oaths, &c. examined ion of the parties and witnesses on oath, and may 
 
 administer oaths and take affirmations ; and if any person 
 
 so sworn or affirming wilfully and corruptly gives false 
 
 evidence he shall be guilty of perjury. 
 
 Power to 14. The referee or referees or umpire may proceed in 
 absence m ^ ne absence of either party where the same appears to him 
 or them expedient, after notice given to the parties. 
 
 Form of 15. The award shall be in writing, signed by the referee 
 
 award. or referees or umpire. 
 
 Time for 16. -4 single referee shall make his award ready for 
 
 award of delivery within twenty-eight days after his appointment. 
 
 rcforcc or 
 
 referees. Two referees shall make their award ready for delivery 
 
 within twenty-eight days after the appointment of the last 
 
 appointed of them, or within such extended time (if any) as 
 
 they from time to time jointly fix by writing under their 
 
 hands, so that they make their award ready for delivery 
 
 within a time not exceeding in the whole forty-nine days 
 
 after the appointment of the last appointed of them. 
 
 Award in 17. I n &DJ case provided for by sections three, four, 
 respect of or £ ve? if compensation is claimed under this Act, 1 such 
 tion under compensation as under any of those sections is to he 
 Beets. 3, 4 t | eemec i to be substituted for compensation under this 
 Act, if and so far as the same can, consistently 
 with the terms of the agreement, 2 if any, be ascer- 
 tained by the referees or the umpire, shall be awarded 
 in respect of any improvements thereby provided 
 for, and the award shall, when necessary, distinguish such 
 improvements and the amount a/carded in respect thereof;
 
 PROCEDURE. 27 
 
 and an award given under this section shall be subject to §§17,18. 
 the appeal provided by this Act. 
 
 ( J ) It -would seein that the operation of this section is restricted " If com- 
 to cases where a claim has been made in the first place for com- pensatum- 
 pensation under the Act; and that it does not admit of an award un( j er q^ b 
 being made by the arbitrators of compensation substituted under Act." 
 sects. 3, 4, and 5, unless a general claim in respect of tho 
 improvement in question has first been made. The arbitrators 
 apparently have the power, when a claim is made for compensa- 
 tion, to decide that compensation is not payable under the Act, 
 but under an agreement, or custom, or the Act of 1875, and of 
 awarding the "substituted" compensation instead of compensa- 
 tion under the Act. But see below as to the powers of arbi- 
 trators under the Act of 1900. 
 
 ( 2 ) The referees or umpire can only estimate compensation "Consis- 
 under this section, in the case of an agreement, if it is compensa- te ?^, 
 tion which is under the agreement ascertainable on a reference. terms f 
 Under an agreement for the payment of a specific sum, or which the agree- 
 provided some other means than a reference for the settlement of ment. 
 the amount to be paid, there would be nothing to be ascertained. 
 In Farquharson v. Morgan (63 L. J. Q. B. 474; (1894) 1 Q. B. 
 552), it was held that an award including compensation for 
 matters not within the Act was bad. In Shrubb v. Lee (59 L. T. 
 376), the Court considered that there was evidence which 
 warranted it in holding that an award dealing with matters 
 within and outside the Act was intended to be an award outside 
 the Act altogether, and therefore good as being made in what 
 was in fact a common law reference. Under the Agricultural 
 Holdings Act, 1900, it will henceforth be the duty of the arbi- 
 trator to deal with any claim for compensation, whether under Duty of 
 the Agricultural Holdings Acts, or under custom, agreement, arbitrator 
 or otherwise, in respect of any improvement in the 1st Schedule, of igo0i 
 and either party may by notice in writing require that the 
 arbitration shall extend to other claims by either party against 
 the others. See sect. 2, sub-sects. 1 and 3, post, p. 90. The 
 arbitrator would probably also have power to consider whether 
 an agreement providing substituted compensation for compen- 
 sation under the Act is " fair and reasonable," as provided by 
 sect. 5 of this Act. 
 
 18. Where two referees are appointed and act, if they Reference 
 fail to make their award ready for delivery within the time a ^ardby 
 
 umpire.
 
 28 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§18, 
 19, 20. 
 
 Award to 
 give par- 
 ticulars. 
 
 Costs of 
 reference. 
 
 aforesaid, then, on the expiration of that time, their authority 
 shall cease, and thereupon the matters referred to them shall 
 stand referred to the umpire. 
 
 The umpire shall make his award ready for delivery 
 within twenty-eight days after notice in writing given to 
 him by either- party or referee of the reference to him, or 
 within such extended time {if any) as the registrar of the 
 County Court from time to time appoints, on the applica- 
 tion of the umpire or of either party , made before the expira- 
 tion of the time appointed by or extended under this section. 
 
 19. The award shall not award a sum generally for 
 compensation, but shall, so far as possible, specify — 
 
 (a.) The several improvements, acts, and things in 
 respect whereof compensation is awarded, and the 
 several matters and things taken info account 
 under the provisions of this Act in reduction or 
 augmentation of such compensation ; 
 
 (b.) The time at which each improvement, act, or thing 
 was executed, done, committed, or permitted ; 
 
 (c.) The sum awarded in respect of each improvement, 
 act, matter, and thing ; and 
 
 (d.) Where the landlord desires to charge his estate with 
 the amount of compensation found due to the 
 tenant, the time at which, for the purposes of such 
 charge, each improvement, act, or thing in respect 
 of which compensation is awarded is to be deemed 
 to be exhausted. 
 
 20. The costs of and attending the reference, it/eluding 
 the remuneration of the referee or referees and umpire, 
 where the umpire has been required to act, and including 
 other proper expenses, shall be borne and paid by the parties 
 in such proportion as to the referee or referees or umpire 
 appears Just, regard being had to the reasonableness or 
 unreasonableness of the claim of either party in respect of 
 amount, or otherwise, and to all the circumstances of the case. 
 
 The award may direct the payment of the whole or any 
 part of the costs '{foresaid by the one party to the other.
 
 PROCEDURE. 29 
 
 88 20 21 
 
 The costs aforesaid shall he subject to taxation by the 8 |g no ' 
 
 registrar of the County Court, on the application of either 
 
 party, but that taxation shall be subject to review by the 
 judge of the County Court. 1 
 
 (') Under this section it was held that there was no power for 
 a referee or umpire making an award under this Act to order 
 costs to be paid as between solicitor and client: Re Griffiths and 
 Morris (64 L. J. Q. B. 3S6; (1895) 1 Q. B. S66). 
 
 21. The award shall fix a day, not sooner than one Day for 
 
 payment. 
 month after the delivery of the award, for the payment of 
 
 money awarded for compensation, costs, or otherwise. 
 
 22. A submission or award shall not be made a rule of Submis- 
 any Court, or be removable by any process into any Court, ^ Ti 
 
 remov- 
 
 and an award shall not be questioned otherwise than as able > &c - 
 provided by this Act. 
 
 23. Where the sum claimed for compensation exceeds Appeal to 
 one hundred pounds, either party may, within seven days court. 
 after delivery of the award, appeal against it to the judge 
 of the County Court, on all or any of the following 
 grounds : 
 
 1. That the award is invalid ; 
 
 2. That the award proceeds wholly or in part upon an 
 
 improper application of or upon the omission 
 properly to apply the special provisions of sections 
 three, four, or five of this Act ; 
 
 3. That compensation has been aicarded for improve- 
 
 ments, acts, or things, breaches of covenant* or 
 agreements, or for committing or permitting 
 waste, in respect of which the party claiming was 
 not entitled to compensation ; 
 
 4. That compensation has not been awarded for improve- 
 
 ments, 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
 
 30 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 23,24. may, in his discretion, remit the case to be reheard as to the 
 ' whole or any part thereof by the referee or referees or 
 umpire, with such directions as he may think ft. 
 
 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 question of law for 
 the judgment of the High Court of Justice, and the 
 decision of the High Court on the case, and respecting 
 costs and any other matter connected therewith, shall 
 be final, and the judge of the County Court shall act 
 thereon} 
 
 ( x ) There is now no appeal from the decision of the arbitrator 
 on a question of fact, but he may state a case for an opinion of 
 the County Court on a question of law arising. See Agricultural 
 Holdings Act, 1900, sect. 2, sub-sect. 5. 
 
 Recovery 
 of com- 
 pensation. 
 
 24. Where any money agreed 1 or awarded or ordered 
 on appeal to be paid for compensation, costs, or otherwise, 
 is not paid within fourteen days after the time when it 
 is agreed or awarded or ordered to he paid, it shall be 
 recoverable, 2 upon order made by the judge of the 
 County Court, as money ordered by a County Court 
 under its ordinary jurisdiction to be paid is recoverable. 3 
 
 Agree- 
 ment as to 
 compensa- 
 tion. 
 
 Enforce- 
 ment 
 of pay- 
 ment of 
 Indance 
 found due. 
 
 ( 1 ) An agreement may be made between the landlord and 
 ■ tenant as to the amount of compensation payable by the former 
 
 to the latter (see Agricultural Holdings Act, 1900, sect. 2, 
 sub-sect. 1), and if so made may be enforced under this section. 
 Such agreement should be in writing. 
 
 ( 2 ) This section was held in Be Holmes and Formby (64 
 L. J. Q. B. 391; (1S95) 1 Q. B. 174) not to extend to the 
 enforcement of payment of the balance due on the landlord's 
 counterclaim if it overtopped the sum awarded to the tenant ; 
 but in Be Lloyd and Tooth (68 L. J. Q. E. 376; (1899) 1 Q. B. 
 559), where all matters in difference had been by agreement in 
 writing referred to referees and an umpire appointed under tho 
 Act, and a balance was found due to the landlord, it was held 
 that leave might be given to enforce the award in the samo
 
 PROCEDURE. 
 
 31 
 
 manner as a judgment or order to the same effect under sect. 12 §§ 24, 
 of the Arbitration Act, 1889. 25 > 26 ' 
 
 The section must now be read in connection with sect. 2 of 
 the Agricultural Holdings Act, 1900, which extends the refer- 
 ence upon notice in writing from either party to the determina- 
 tion of any claim between the landlord and tenant. 
 
 ( 3 ) Money ordered to be paid by a County Court under its How- 
 ordinary jurisdiction is recoverable by execution against the m i one 5 r d 
 goods of the debtor, by the attachment of debts in the hands of be paid by 
 third parties called garnishees, or by the imprisonment of the a County 
 
 debtor under the Debtors Act, 1869 (32 & 33 Yict. c. G2) for any Couit is 
 
 ... £ recover- 
 
 term not exceeding six weeks for default in payment ol any able# 
 
 debt or instalment of any debt in pursuance of any order or 
 
 judgment of the Court. See County Court Rules, Ord. XLa. 
 
 r. 7, and Form 312b, post, pp. 149, 155. 
 
 25. Where a landlord or tenant is an infant without Appoint- 
 gnardian, or is of unsound mind, not so found by in- g Uar dian . 
 quisition, the County Court, on the application of any 
 person interested, may appoint a guardian of the infant 
 
 or person of unsound mind for the purposes of this 
 Act, and may change the guardian if and as occasion 
 requires. 1 
 
 (!) See County Court Rules, Ord. XLa. r. 1, post, p. 141. 
 
 26. Where the appointment of a person to act as the Provisions 
 next friend of a married woman is required for the Sried^ 
 purposes of this Act, the County Court may make such women, 
 appointment, and may remove or change that next 
 
 friend if and as occasion requires. 
 
 A woman married before the commencement of the 45 & 46__ 
 Married Women's Property Act, 1882, 1 entitled for her Vict - C - 75 - 
 separate use to land, her title to which accrued before 
 such commencement as aforesaid, and not restrained 
 from anticipation, shall, for the purposes of this Act, 
 be in respect of land as if she was unmarried. 
 
 Where any other woman 2 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 commence-
 
 32 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§26, 
 
 27, 28. 
 
 The 
 
 Married 
 "Women's 
 Property 
 Act, 1882. 
 
 Costs in 
 County 
 Court. 
 
 Service of 
 notice, &c. 
 
 ment as aforesaid, her husband's concurrence shall be 
 requisite, and she shall be examined apart from him by 
 the County Court, or by the judge of the County Court 
 for the place where she for the time being is, touching 
 her knowledge of the nature and effect of the intended 
 act, and it shall be ascertained that she is acting freely 
 and voluntarily. 
 
 (') A married woman, by the Married "Women's Property Act, 
 1882 (45 & 46 Vict. c. 75), is, from the commencement of that 
 Act (1st January, 1883), capable of acquiring, holding, and dis- 
 posing, by will or otherwise, of any real or personal property, as 
 if she were a feme sole (sect. 1, sub-sect. 1), and every woman 
 marrying after the commencement of the Act is entitled to have 
 and to hold, as her separate property, and to disjwse of in 
 manner aforesaid, all real and personal property which shall 
 belong to her at the time of marriage, or shall be acquired by or 
 devolve upon her after marriage (sect. 2). And every woman 
 married before the commencement of the Act is entitled to have 
 and to hold, and to dispose of in manner aforesaid as her 
 separate property, all real and personal property, her title 
 to which accrues after the commencement of the Act (sect. 5). 
 
 ( 2 ) " Any other woman married," &c. is any woman, married 
 before the commencement of the Act of 1882, entitled to land 
 not for her separate use, or, if for her separate use, with a 
 restraint upon anticipation. If restrained from anticipation, 
 the Court, if it thinks it for her benefit, may, under sect. 39 of 
 the Conveyancing and Law of Property Act, 1881, bind her 
 interest in any property notwithstanding the restraint. 
 
 27. The costs of proceedings in the County Court 
 under this Act shall be in the discretion of the Court. 
 
 The Lord Chancellor may from time to time prescribe 
 a scale of costs for those proceedings, and of costs to be 
 taxed by the registrar of the Court. 
 
 28. Any notice, request, demand, or other instru- 
 ment under this Act may be served on the person to 
 whom it is to be given, either personally or by leaving 
 it for him at his last known place of abode in England, 
 or by sending it through the post in a registered letter 
 addressed to him there ; and if so sent by post it shall
 
 CHARGE OF TENANT'S COMPENSATION. 33 
 
 be deemed to have been served at the time when the SSj 28 ' 29 - 
 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 ad- 
 dressed and posted, and that it contained the notice, 
 request, demand, or other instrument to be served. 
 
 Charge of Tenant's Compensation. 
 
 29. A landlord, 1 on paying to the tenant the amount § 29 - 
 
 due to him iu respect of compensation under this Act, Power for 
 or in respect of compensation authorized by this Act to a n n p a°ying 
 be substituted for compensation under this Act, or on compensa- 
 
 . , tion to 
 
 expending such amount as may be necessary to execute obtain 
 an improvement under the second part of the 1st Schedule charge, 
 hereto, after notice given by the tenant of his intention 
 to execute such improvement in accordance with this 
 Act, shall be entitled to obtain from the County Court 
 a charge on the holding, or any part thereof, to the 
 amount of the sum so paid or expended. 
 
 The Court shall, on proof of the payment or 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 holding, or any 
 part thereof, with repayment of the amount paid or 
 expended, with such interest, and by such instalments, 
 and with such directions for giving effect to the charge, 
 as the Court thinks fit. 2 
 
 But where the landlord obtaining the charge is not 
 absolute owner of the holding for his own benefit, no 
 instalment or interest shall be made payable after the 
 time when the improvement in respect whereof com- 
 pensation is paid will, where an award has been made, 
 be taken to have been exhausted according to the declaration 
 of the award, and in any other ease after the time when any 
 such improvement will in the opinion of the Court, after 
 hearing such evidence (if any) as it thinks expedient, 
 have become exhausted. 
 
 s D
 
 34 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 § 29. The instalments and interest shall be charged in 
 
 favour of the landlord, his executors, administrators, 
 and assigns. 
 
 The estate or interest of any landlord holding for an 
 estate or interest determinable or liable to forfeiture by 
 reason of his creating or suffering any charge thereon 
 shall not be determined or forfeited by reason of his 
 obtaining a charge under this Act, anything in any 
 deed, will, or other instrument to the contrary thereof 
 notwithstanding. 
 45 & 46 Capital money arising under the Settled Land Act, 
 
 1882, 3 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 
 authorized by the said Settled Land Act ; and such 
 money may also be applied in discharge of any charge 
 created on a holding under or in pursuance of this 
 Act in respect of any such improvement as aforesaid, as 
 in discharge of an incumbrance authorized by the said 
 Settled Land Act to be discharged out of such capital 
 money. 
 
 "Land- (*) The word " landlord " in this section includes a landlord's 
 
 l° r( *- executors, so that the executors of a landlord tenant for life, who 
 
 have paid compensation to an outgoing tenant whose tenancy 
 determined before the landlord's death, are entitled to obtain a 
 charge on the holding under this section for the amount paid by 
 them: Qough v. Gough (GO L. J. Q. B. 72G; (1891) 2 Q. 13. G64). 
 ( 2 ) Tho provisions contained in this section may be useful to 
 land-owners who arc limited owners and desire to charge money 
 expended in paying compensation for the benefit of their younger 
 children or others. It also facilitates the borrowing from a land 
 improvement company or others (see sect. 32) of money by 
 landlords to pay compensation. See note to sect. 32, post, 
 p. 38, as to land improvement charges. Tho powers con- 
 ferred on the County Court by this section and sects. 30, 31, 32, 
 and 39, will henceforth be exercised by the Board of Agriculture 
 (sco sect. 3 of Agricultural Holdings Act, 1900).
 
 CHARGE OF TENANT'S COMPENSATION. 35 
 
 The section applies to ecclesiastical and charity lands, as §§ 29,30. 
 well as to land belonging to private proprietors. In the case of - 
 land belonging to a benefice, the Commissioners of Queen 
 Anne's Bounty may, as well as the incumbent, obtain a charge 
 for money paid by them in compensation (see sect. 39). 
 
 It is to be remarked that the Act does not expressly require 
 notice of the application for a charge to be served on remainder- 
 men, or other persons interested in a settled estate ; but the 
 Board of Agriculture would be unlikely to make a charge unless 
 it had the persons interested in the estate in remainder before 
 it. The remainderman appeared in the case of Gough v. Gough. 
 Any charge obtained under this section must be registered as 
 a land charge under the Lands Charges Begistration and 
 Searches Act, 1888 (51 & 52 Vict. c. 51). If not so registered it 
 will be void as against a purchaser for value of the land charged 
 therewith. The register is kept at the Land Begistry Office. 
 Any person may search the register on payment of the pre- 
 scribed fee. Forms for the application to register a land charge 
 and for the declaration to be made in support of an application 
 to register may be obtained at the Land Begistry Office. 
 
 ( 3 ) The following are some of the principal modes by which Modes in 
 capital money arises under the Settled Land Act, 1882 :— ^ifej 
 
 1. Bv a sale or enfranchisement by the tenant for life or other money _ 
 
 ,. . , , , „, may arise 
 
 limited owner (sect. 6). under the 
 
 2. By a fine on grants or confirmations of leases (sect. 7). Land Act 
 
 3. By a mining lease (three-fourths of the rent will be treated 1882 - 
 
 as capital money where the tenant for life is impeachable 
 for waste, otherwise one-fourth) (sect. 11). 
 
 4. By the sale of timber cut by a tenant for life impeachable 
 
 for waste (sect. 35). 
 Money in Court, or in the hands of trustees, liable to be laid 
 out in land to be settled, as the settled land, is also capital 
 money under the Act (sects. 32, 33). 
 
 30. The sum charged by the order of a County Court Incidence 
 under this Act shall be a charge on the holding, or the ° 
 
 part thereof charged, for the landlord's interest therein, 
 and for all interests therein subsequent to that of the 
 landlord ; but so that the charge shall not extend be- 
 yond the interest of the landlord, his executors, ad- 
 
 1)2
 
 3G 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§30,31. ministrators, and assigns, in the tenancy where the 
 landlord is himself a tenant of the holding. 1 
 
 (*) The latter words of this section preyent a landlord who 
 himself is a leaseholder from charging more than his own 
 interest in the property leased. As to the meaning of the word 
 " tenant," see the interpretation clause, sect. 61. 
 
 Provision 31. Where the landlord is a person entitled to receive 
 trustee. the ren ts and profits of any holding as trustee, or in 
 any character otherwise than for his own benefit, the 
 amount due from such landlord in respect of compensa- 
 tion under this Act, or in respect of compensation 
 authorized by this Act to be substituted for compensation 
 under this Act, shall be charged and recovered as follows 
 and not otherwise ; (that is to say,) 
 
 (1.) The amount so due shall not be recoverable 
 j^ersonally against such landlord, nor shall he 
 be under any liability to pay such amount, 
 but the same shall be a charge on and re- 
 coverable against the holding only. 
 (2.) Such landlord shall, either before or after having 
 paid to the tenant the amount due to him, be 
 entitled to obtain from the County Court 1 a 
 charge on the holding to the amount of the 
 sum required to be paid or which has been 
 paid, as the case may be, to the tenant. 2 
 (3.) If such landlord neglect or fail within one month 
 after the tenant has quitted his holding to pay 
 to the tenant the amount due to him, then 
 after the expiration of such one month the 
 tenant shall be entitled to obtain from the 
 County Court 1 in favour of himself, his 
 executors, administrators, and assigns, a 
 charge on the holding to the amount of the 
 sum due to him, and of all costs properly 
 incurred by him in obtaining the charge or 
 in raising the amount due thereunder.
 
 CHARGE OF TENANT'S COMPENSATION. '^ 
 
 (4.) The Court l shall on proof of the tenant's title to §§ 31,32. 
 have a charge made in his favour make an 
 order charging the holding with payment of 
 the amount of the charge, including costs, 
 in like manner and form as in case of a charge 
 which a landlord is entitled to obtain. 3 
 
 (') The Board of Agriculture is now substituted for the County- 
 Court. See note ( 2 ) to sect. 29. 
 
 ('-) This sub-section enables a landlord trustee to advance 
 moneys belonging to the trust for payment of the compensation. 
 Such an investment of trust money, being on real security, is 
 authorized by the Trustee Act, 1893, sect. 1. See also sect. 5, 
 sub-sect. 1, of the same Act, which provides that any charge 
 made under the Improvement of Land Act, 1864, or a mortgage 
 of any charge, shall be an authorized security for trustees having 
 power to invest money on real security, unless expressly for- 
 bidden by the trust. 
 
 As the charge may be obtained before the money is actually Trustee 
 paid, money may be obtained from a land improvement com- obtaining- 
 pany without any actual advance by the landlord. The section 
 empowers a trustee to take a charge in his own favour, which he 
 may transfer to a land company or other mortgagee on their 
 advancing the money. 
 
 ( 3 ) A charge under this section in order to be valid as against 
 a purchaser for value of the land must be registered under the 
 Lands Charges Registration and Searches Act, 1888. See 
 Tenants' Compensation Act, 1890, sect. 3. 
 
 32. Any company now or hereafter incorporated by Advance 
 Parliament, and having power to advance money for ™mpaLy. a 
 the improvement of land, may take an assignment of 
 any charge made by a County Court 1 under the pro- 
 visions of this Act, upon such terms and conditions as 
 may be agreed upon between such company and the 
 person entitled to such charge ; and such company may 
 assign any charge so acquired by them to any person or 
 persons whomsoever. 2 
 
 (') The Board of Agriculture is now substituted for the County 
 Court. See note ( 2 ) to sect. 29. 
 
 388481
 
 38 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§32,33. 
 
 Improve- 
 ment of 
 Laud 
 Acts. 
 
 ( 2 ) Charges under the Improvement of Land Act, 1864, and 
 other special Improvement Acts, are by way of rent-charge, by 
 which the money advanced, together with interest, is repaid 
 over a term of years. 
 
 The Improvement of Land Act, 1899 (62 & 63 Vict. c. 46), 
 provides that where under the Improvement of Land Act, 1864, 
 or any special Improvement Act, a charge is authorized in 
 respect of an improvement of land, the period for repayment of 
 the charge shall be such period, not exceeding forty years, as tho 
 Board of Agriculture, having regard to the character and 
 probable duration of the improvement, determine. 
 
 Time of 
 notice to 
 quit. 
 
 How the 
 section 
 may be 
 excluded. 
 
 Notice to Quit, 
 
 33. Where a half-year's notice, expiring with a year 
 of tenancy, is by law necessary 1 and sufficient for de- 
 termination of a tenancy from year to year, in the case 
 of any such tenancy under a contract of tenancy made 
 either before or after the commencement of this Act, a 
 year's notice so expiring shall by virtue of this Act be 
 necessary and sufficient for the same, unless the land- 
 lord and tenant of the holding, by writing under their 
 hands, agree that this section shall not apply ; 2 in 
 which case a half-year's notice shall continue to be 
 sufficient ; but nothing in this section shall extend to a 
 case where the tenant is adjudged bankrupt, or has filed 
 a petition for a composition or arrangement with his 
 creditors. 3 
 
 (') In the case of a tenancy from year to year, a half-year's 
 notice, expiring at the end of the first or any subsequent year 
 of the term, was, before the passing of this Act, necessary by 
 law, unless some other period was agreed upon or was implied 
 by local custom: Right v. Darby (1 T. E. 109). To excludo 
 tho operation of this section, an express agrcernont in writing is 
 necessary in tho case of agricultural holdings. 
 
 ( 2 ) In Wilkinson v. Calvert (47 L. J. C. P. 679; 3 C. P. D. 
 360), it was held, in the case of a tenancy under a contract 
 subject to a similar section in the Agricultural Holdings Act, 
 1875, that an agreement in writing, made previously to tho 
 commencement of tho Act, to accept six months' notico would
 
 NOTICE TO QUIT. 39 
 
 exclude the operation of the Act, six months' differing from § 33. 
 half-a-year's notice. 
 
 In Barlow v. Teal (54 L. J. Q. B. 564 ; 15 Q. B. D. 501), 
 there was a tenancy under a written agreement ' ' until six 
 months' notice shall have been given ... in the usual way to 
 determine the tenancy." The Court held that sect. 33 did not 
 apply so as to render a year's notice necessary to determine it. 
 Brett, M. R., said : " Wherever there is an express contract as to 
 the time of quitting, or as to the mode of giving notice to quit, 
 the enactment does not apply." Baggallay, L. J., added : " The 
 statute was intended to apply, not where a half-year's notice to 
 quit is provided by the contract between the rjarties, but where 
 it is created by implication of law." 
 
 A notice to quit must bo clear and unambiguous ; but if it General 
 gives an option to continue the tenancy at a higher or lower l aw . as to 
 rent it is not invalid: Ahearn v. Bellman (48 L. J. Ex. 681; 4 -^ 
 Ex. D. 201); Bury v. Thompson (64 L. J. Q. B. 500). 
 
 The day mentioned in a demise as the commencement of 
 a tenancy is the first day of the term, whether it is said to com- 
 mence "from" or "on" that day. A notice to quit should 
 properly be given for the last day of the tenancy, but it is not 
 necessarily bad if given for the anniversary of its commence- 
 ment : Sidebotham v. Holland (64 L. J. Q. B. 200; (1895) 1 
 Q. B. 378). 
 
 It would seem, from Aldenburgh v. People (6 C. & P. 212), that 
 a landlord may treat an irregular notice to quit from the tenant 
 as a surrender. That case, however, has been much shaken by 
 Weddall v. Capes (5 L. J. Ex. Ill ; 1 M. & W. 50), where the 
 efficacy of a surrender to operate in futuro was doubted; and 
 in Johnstone v. Huddlestone (4 L. J. O. S. K. B. 71 ; 4 B. & C. 
 922) it was held that such notice could not operate as a surrender 
 unless it were in writing, so as to satisfy the Statute of Frauds, 
 sect. 3 (see also Doe d. Murrell v. Milward (7 L. J. Ex. 57 ; 3 M. & 
 W. 328); Bessell v. Landsberg (14 L. J. Q. B. 355 ; 7 Q. B. 63S). 
 
 Notice to quit need not be served personally, but it will be 
 sufficient if left with a servant of the tenant at his dwelling- 
 house : Jones v. Marsh (4 T. R. 464); Doe d. Neville v. Dunbar 
 (M. & Malk. 10) ; even though it be shown not to have actually 
 come into the hands of the tenant : Tanham v. Nicholson (L. E. 
 5 H. L. 561). It may be put under the door of a house, or sent 
 through the post: Alford v. VicJeery (Car. & M. 280) ; Papillon v. 
 Brunton (29 L. J. Ex. 265; 5 H. & N. 518).
 
 40 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 33,34. For further particulars of the law relating to notices to quit, 
 
 see Dixon, pp. 435 et seq. 
 Bank- ( 3 ) Upon a tenant becoming bankrupt, or filing a petition in 
 
 [ up c ^ ° bankruptcy, the landlord will have his former common law 
 
 right of determining the tenancy upon a half-year's notice. 
 See Form 10. 
 
 Fixtures. 
 
 Tenant's 34. Where after the conmiencenient of this Act 1 a 
 mfixtures, tenant affixes to his holding any engine, machinery, 
 machi- fencing, or other fixture, or erects any building for 
 
 ncrv &c ■ 
 
 which he is not under this Act 2 or otherwise entitled to 
 compensation, and which is not so affixed or erected in 
 pursuance of some obligation in that behalf or instead 
 of some fixture or building belonging to the landlord, 
 then such fixture 3 or building shall be the property of 
 and be removable by the tenant before or within a 
 reasonable time 4 after the termination of the tenancy. 
 Provided as follows : — 
 
 1. Before the removal of any fixture or building the 
 
 tenant shall pay all rent owing by him, and 
 shall perform or satisfy all other his obligations 
 to the landlord in respect of the holding : 
 
 2. In the removal of any fixture or building the 
 
 tenant shall not do any avoidable damage to 
 any other building or other part of the 
 holding : 
 
 3. Immediately after the removal of any fixture 
 
 or building the tenant shall make good all 
 damage occasioned to any other building or 
 other part of the holding by the removal : 
 
 4. The tenant shall not remove any fixture or 
 
 building without giving one month's previous 
 notice in writing to the landlord of the in- 
 tention of the tenant to remove it : 
 
 5. At any time before the expiration of the notice 
 
 of removal tho landlord, by notice in writing
 
 FIXTURES. 41 
 
 given by him to the tenant, may elect to § 34. 
 purchase any fixture or building comprised in " 
 the notice of removal, and any fixture or 
 building thus elected to be purehabed shall 
 be left by the tenant, and shall become the 
 property of the landlord, who shall pay the 
 tenant the fair value thereof to an incoming 
 tenant of the holding ; and any difference as 
 to the value shall be settled by a reference 
 under this Act, as in case of compensation 
 (but without appeal). 
 
 (') It is to be noticed that the erection of the fixture must 
 have been after the commencement of this Act. 
 
 ( 2 ) Certain fixtures in the nature of buildings are comprised 
 in the first part of the 1st Schedule. 
 
 ( 3 ) Fixtures include anything annexed to the freehold, and "What are 
 
 the law formerly was that the tenant could not remove anything " nx " 
 
 tuxes 
 fixed to the freehold without committing waste. The tenant 
 
 might, however, remove fixtures put up for the ornament of the 
 
 premises or convenience of his occupation. Such fixtures are 
 
 called "tenant's fixtures," and include such articles as stoves, Tenant's 
 
 grates, hangings, cupboards, &c. They must, however, be but fixtures. 
 
 slightly fixed, and capable of being moved entire. Fixtures Trade 
 
 erected for the purpose of trade have also been excepted from fixtures. 
 
 the general rule, but the exception was not extended to fixtures 
 
 put up for agricultural purposes: Ehves v. Maive (3 East, 38; 
 
 2 Sm. L. C. 183). In that case the fixtures were a beast-house, 
 
 a carpenter's shop, a fuel-house, a cart-house, a pump-house 
 
 and fold-yard. This section enables the tenant to remove any 
 
 engine, machinery, fencing, or other fixture, or any building 
 
 created by him to which he is not entitled to compensation 
 
 under the Act. The fixture to be removable must be " affixed 
 
 to the holding," i.e., some " parcel of land held by the tenant " 
 
 (sect. 61), and it may be doubted whether it woidd include an 
 
 addition to the dwelling-house not coming within the ordinary 
 
 description of ' ' tenant's fixtures." 
 
 Sect. 4 of the Agricultural Holdings Act, 1900, extends the 
 
 provisions of this section to cases where the fixtures or building 
 
 have not been put up by the tenant himself, but have been 
 
 purchased by him from a former tenant,
 
 42 
 
 AGKICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 88 34 35 ( 4 ) 1^ i ,s to be noticed that a reasonable time is now given for 
 
 _ the removal of fixtures. In cases to which the Act does not 
 
 what time a PPty an( l 1U the absence of express contract, a tenant cannot 
 a fixture 
 
 may be 
 removed 
 
 remove fixt'ues after the expiration of the tenancy : Puyh v. 
 Artov {68 L. J. C'h. G19; L. R. 8 Eq. 626); Ex parte Stephens, 
 In re Lavies (47 L. J. Bkcy. 22; 7 C'h. D. 127); and ii he so 
 removes them he is a trespasser, and liable for damages for 
 wrongful removal and conversion : Barf v. Probyn (64 L. J. 
 Q. B. 557). The fixture by this section is to become the property 
 of the tenant. It therefore seems doubtful if the landlord could 
 prevent the removal by the tenant of his own property, even 
 after the expiration of a reasonable time. See Re Walker, Ex 
 parte Gould (13 Q. B. D. 454). The refusal of the landlord to 
 permit severance and removal would give the tenant a right of 
 action : Thomas v. Jennings (66 L. J. Q. B. 5). 
 
 For the general law as to fixtures, see Dixon, p. 454. 
 
 See Forms 11, 12. 
 
 Applica- 
 tion of 
 Act to 
 Crown 
 lands. 
 
 Crown and Duchy Lands. 
 
 35. This Act shall extend and apply to land belong- 
 ing 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 
 Sigu Manual, shall represent Her Majesty, her heirs 
 and successors, and shall be deemed to be the landlord. 
 
 Any compensation payable under this Act by the 
 Commissioners of Her Majesty's "Woods, Forests, and 
 Land Revenues, or either of them, in respect of an 
 improvement mentioned in the first or second part of the 
 First Schedule hereto, shall be deemed to be payable 
 in respect of an improvement of land within section one 
 of the Crown Lands Act, 1866, 1 and the amount thereof 
 shall be charged and repaid as in that section provided
 
 CROWN AND DUCHY LANDS. 
 
 43 
 
 with respect to the costs, charges, and expenses therein §§35,36. 
 
 mentioned. 
 
 Any compensation payable under this Act by those 
 Commissioners, or either of them, in respect of an im- 
 provement 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 Eevenues of 
 the Crown, and shall be payable to those Commissioners 
 out of snch money and in such manner as the last- 
 mentioned expenses are by law payable. 
 
 (!) The Crown Lands Act, 1866 (29 & 30 Vict. c. 62), s. 1, 29 & 30 
 provides that, if an improvement of land is effected, with refer- Vict. c. 62. 
 ence to any part of the Crown lands, the Commissioners of tho 
 Treasury may direct the expenses thereof to be charged as a 
 principal sum to the account of the capital of the Land Revenue 
 of the Crown, provision being made for repayment out of income 
 within a period not exceeding thirty years. 
 
 36. This Act shall extend and apply to land belong- Applica- 
 ing to Her Majesty, her heirs and successors, in right Act to 
 of the Duchy of Lancaster. land of 
 
 Duchy oi 
 
 With respect to such land for the purposes of this Lancaster. 
 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 or 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 section twenty- five of the Act of the 
 fifty- seventh year of King George the Third, chapter 
 ninety- seven, and shall be raised and paid as in that 
 section provided with respect to the expenses therein 
 mentioned. 
 
 The amount of any compensation payable imder this 
 Act by the Chancellor of the Duchy in respect of an
 
 44 
 
 AGK1CULTUKAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§36, 
 37, 38. 
 
 Applica- 
 tion of 
 Act to 
 land of 
 Duchy of 
 Cornwall. 
 
 26 & 27 
 Vict. c. 49. 
 
 Landlord, 
 aiv.h- 
 bishop or 
 bishop. 
 
 10U8 
 
 oval 
 the 
 (• ■ lesias- 
 < lorn- 
 nission- 
 &c. 
 
 improvement mentioned in the tliird part of the First 
 Schedule to this Act shall be paid out of the annual 
 revenues of the Duchy. 
 
 37. This Act shall extend and apply to land belonging 
 to the Duchy of Cornwall. 
 
 With respect to such land, for the purposes of this 
 Act, such person as the Duke of Cornwall for the time 
 being, or other the personage for the time being entitled 
 to the revenues, and possessions of the Duchy of Cornwall, 
 from time to time, by sign manual, warrant, or otherwise, 
 appoints, shall represent the Duke of Cornwall or other 
 the personage aforesaid, and be deemed to be the land- 
 lord, and may do any act or thing under this Act which 
 a landlord is authorized or required to do thereunder. 
 
 Any compensation payable under this Act by the 
 Duke of Cornwall, or other the personage aforesaid, in 
 respect of an improvement in the first or second part of 
 the First Schedule to this Act shall be deemed to be 
 payable in respect of an improvement of land within 
 section eight 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. 
 
 Ecclesiastical and Charity Lands. 
 
 38. Where lands are assigned or secured as the 
 endowment 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. 1 
 
 (') I'ml' r this and the two following sections it would seem 
 advisable that tenants of ecclesiastical or charity lands should 
 satisfy themselves that their ostensible landlords have received 
 the previous approval of the Estates Committee of the Ecclesias- 
 tical Commissioners, the patron, the Govenors of Queen Anne's 
 Bounty, or the Charity Commissioners (as the case may be), 
 before making any improvement for which consent is required,
 
 ECCLESIASTICAL AND CHARITY LANDS. 
 
 45 
 
 or entering into any agreement as to compensation. These sec- §§ 38, 
 tions, however, only apply to powers ; where a simple notice has 39, 40. 
 to be given, it is sufficient to give it to the person entitled to 
 receive the rents and profits, who is the landlord according to 
 the definition clause, and who alone will be liable to the tenant 
 (sect. 61). 
 
 39. Where a landlord is incumbent of an ecclesiastical Landlord, 
 
 • p n ij-ii incumbent 
 
 benefice, the powers by this Act conierred on a landlord t bene- 
 shall not he exercised by him in respect of the glebe fice - 
 land or other land belonging- to the benefice, except 
 with the previous approval in writing of the patron of 
 the benefice, that is, the person, officer, or authority 
 who, in case the benefice were vacant, would be entitled 
 to present thereto, or of the Governors of Queen Anne's 
 Bounty (that is, the Governors of the Bounty of Queen 
 Anne for the Augmentation of the Maintenance of the 
 Poor Clergy). 1 
 
 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 under 
 this Act ; and thereupon they may, instead of the in- 
 cumbent, obtain from the county court a charge on the 
 holding, in respect thereof, in favour of themselves. 2 
 
 Every such charge shall be effectual, notwithstanding 
 any change of the incumbent. 
 
 (*) See note to the preceding section. 
 
 ( 2 ) "In every such case," it is submitted, means "where a 
 landlord is incumbent of a.n ecclesiastical benefice," so that the 
 Governors of Queen Anne's Bounty may in any such case pay 
 the compensation on behalf of the incumbent if they think fit, 
 and not only in cases where their consent may have been required 
 under the earlier part of this section. 
 
 40. The powers by this Act conferred on a landlord Landlord, 
 in respect of charging the land shall not be exercised by trustees, 
 trustees for ecclesiastical or charitable purposes, except &c - 
 with the previous approval in writing of the Charity 
 Commissioners for England and Wales. 1 
 
 ( J ) See note to sect. 38.
 
 46 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §41- 
 
 Resump- 
 tion of 
 possession 
 for cot- 
 tages, &c. 
 
 Resumption for Improvements, and Miscellaneous. 
 
 41. Where on a tenancy from year to year a notice 
 to quit is given by the landlord, with a view to the use 
 of land for any of the following purposes : 
 
 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, lime- 
 stone, or other mineral, or of a stone quarry, 
 clay, sand, or gravel pit, or the construction of 
 any works or buildings to be used in connexion 
 therewith ; 
 The obtaining of brick earth, gravel, or sand ; 
 The making of a watercourse or reservoir ; 
 The making of any road, railway, tramroad, siding, 
 canal, or basin, or any wharf, pier, or other 
 work connected therewith ; 
 and the notice to quit so states, then it shall, by virtue 
 of this Act, be no objection to the notice that it relates 
 to part only of the holding. 1 
 
 In every such case the provisions of this Act respect- 
 ing compensation shall apply as on determination of a 
 tenancy in respect of an entire holding. 
 
 The tenant shall also be entitled to a proportionate 
 reduction of rent in respect of the land comprised in the 
 notice to quit, and in respect of any depreciation of the 
 value to him of the residue of the holding, caused by 
 the withdrawal of that land from the holding or by the 
 use to be made thereof, and the amount of that reduction 
 shall be ascertained by agreement or settled by a refer- 
 ence under this Act, as in case of compensation (but 
 without appeal).
 
 RESUMPTION FOR IMPROVEMENTS. 
 
 47 
 
 The tenant shall further he entitled, at any time §§ 41, 
 
 49 4S 
 within twenty-eight days after service of the notice to ^' 
 
 quit, to serve on the landlord a notice in writing to the 
 effect that he (the tenant) accepts the same as a notice 
 to quit the entire holding, to take effect at the expira- 
 tion of the then current year of tenancy ; and the notice 
 to quit shall have effect accordingly. 
 
 (') Previously to the passing of this Act, a notice to quit 
 extending to part only of the demised premises was bad : Doe d. 
 Jlodd v. Archer (14 East, 24-1). See Dixon, p. 440. 
 
 See Forms 13, 14. 
 
 42. Subject to the provisions of this Act in relation Provision 
 
 as to 
 to Crown, duchy, ecclesiastical, and charity lands, a limited 
 
 landlord, whatever may he his estate or interest in his owners - 
 holding, may give any consent, make any agreement, or 
 do or have done to him any act in relation to improve- 
 ments 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 1 owner thereof in fee, and in case of a 
 leasehold possessed of the whole estate in the leasehold. 
 
 i 1 ) The two alternative cases of " an estate of inheritance," Applica- 
 and of " a leasehold," do not, strictly speaking, include the case ^° n to 
 of a tenant for life of freehold land whoso estate is not one of a tenancy 
 inheritance. It is presumed, however, that the words " a land- for life, 
 lord whatever may be his estate or interest in his holding " 
 would be held to show sufficiently the intention of the Legis- 
 lature to give a tenant for life the powers conferred by this 
 section. 
 
 43. When, by any Act of Parliament, deed, or other Provision 
 instrument, a lease of a holding is authorized to be reS erva- 
 rnade, provided that the best rent, or reservation in tionof 
 the nature of rent, is by such lease reserved, then when- 
 ever auy 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
 
 48 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 43,44. account against the tenant the increase (if any) in the 
 value of such holding arising from any improvements 
 made or paid for by him on such holding. 1 
 
 Applica- ( x ) This section applies to cases where a lease is granted 
 
 tion of the £ a tenant who has made or paid for improvements under 
 
 SPOTIOTI 
 
 this Act, and where the landlord, instead of paying compensa- 
 tion, has agreed to allow the tenant to hold at a rent which 
 does not include the value of the improvements. The landlord 
 is thus empowered to compensate the tenant for his improvement 
 by a rent below the full value of the land. See sect. 56 as to the 
 right of a tenant in respect of improvement purchased from an 
 outgoing tenant. 
 
 Limita- 
 tion of 
 
 PART II. 
 
 Distress. 1 
 
 44. After the commencement of this Act it shall not 
 distress in be lawful for any landlord 2 entitled to the rent of any 
 amount° holding to which this Act applies to distrain for rent 
 and time, which became due in respect of such holding more than 
 one year before the making of such distress, except in 
 the case of arrears of rent in respect of a holding to 
 which this Act applies existing at the time of the 
 passing of this Act, which arrears shall be recoverable 
 by distress up to the first day of January, one thousand 
 eight hundred and eighty-five, to the same extent as if 
 this Act had not passed. 
 
 Provided that where it appears that according to the 
 ordinary course of dealing 3 between the landlord and 
 tenant of a holding the payment of the rent of such 
 holding has been allowed to be deferred until the ex- 
 piration of a quarter of a year or half a year after the 
 date at which such rent legally became due, then for 
 the purpose of this section the rent of such holding 
 shall be deemed to have become due at the expiration 
 of such quarter or half year as aforesaid, as the case 
 may be, and not at the date at which it legally became 
 due.
 
 DISTRESS. 49 
 
 (') Under 3 & 4 Will. IV. c. 27, s. 42, the landlord may § 44. 
 
 distrain for six years' arrears of rent, and no more. This section ~ : 
 
 ... . The law 
 
 shortens the period for making a distress for rent to one year in re i a ti n o- to 
 
 the case of tenancies within the operation of the Act, that is, all distress. 
 
 agricultural tenancies, whether current at or commenced after 
 
 the 1st of January, 1884. A landlord cannot distrain till the 
 
 day after the rent becomes due ; see Woodfall's Landlord and 
 
 Tenant (16th edition), p. 487. No distress can be made between 
 
 sunset and sunrise : Tutton v. Darke (5 H. & N. 647). If 
 
 rent is made payable quarterly " in advance if required," the 
 
 landlord may distrain at any time during the quarter after 
 
 demand: London ami Westminster Discount Co. v. London and 
 
 North-Western By. (62 L. J. Q. B. 370 ; (1893) 2 Q. B. 49). A 
 
 landlord is bound to set off compensation due to the tenant 
 
 against the rent due (sect. 47). See Dixon, p. 477. 
 
 Where an agreement for a lease provided that the lease should 
 contain stipulations making the rent payable in advance on 
 demand, and the tenant entered and held under the agreement, 
 it vas held that the lessee was subject to the same right of 
 distress as if a lease had been granted, and that if under the 
 terms of the lease a year's rent would have been payable in 
 advance on demand, a distress for that was lawful : Walsh v. 
 Lonsdale (52 L. J. Ch. 2; 21 Ch. D. 9). 
 
 ( = ) The person legally entitled to the immediate reversion on "Who may 
 a lease is the person entitled to distrain by virtue of the common (Ustram - 
 law. A mortgagee, who has given notice of the mortgage to 
 a tenant holding land under a lease or tenancy created prior to 
 the mortgage, may distrain for rent in arrear at the time of the 
 notice, or becoming in arrear subsequently : JIoss v. Gall i more 
 (1 Dougl. 279; 1 Sm. L. C. 629). The Conveyancing Act, 1881, 
 s. 18, empowers a mortgagor or mortgagee while in possession 
 to let the mortgaged land for agricultural purposes for any term 
 not exceeding twenty-one years. When a lease is made by a 
 mortgagor in possession under the powers conferred by this 
 Act, the mortgagee, on giving notice to the tenant and going 
 into possession, is entitled to enforce the covenants and conditions 
 contained in the lease in the same way as if he had been a party 
 to it: Municipal, &c. Society v. Smith (58 L. J. Q. B. 61 ; 22 Q. B. D. 
 70). A mortgagee may, of course, distrain for rent due under a 
 lease or agreement made by himself after the mortgage, though 
 in a case not within the Conveyancing Act, 1881, he may not do 
 so in the case of a lease or agreement made by the mortgagor 
 after the mortgage, unless he has accepted rent from the tenant, 
 
 S. B
 
 50 
 
 AGEICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 " Ordi- 
 nary- 
 course cf 
 dealing." 
 
 §§ 44,45. or given him notice to pay rent and the tenant has acquiesced : 
 
 Rogers v. Humphreys (4 A. & E. 299). The word "landlord," 
 
 according to the definition in sect. 61, would include the mort- 
 gagee in these cases. 
 
 ( 3 ) In many parts of the country, it is not usual to demand 
 the rent till a quarter or half-year after it becomes due. If, for 
 instance, it is the practice of the landlord to hold his rent-day at 
 Christmas for the Michaelmas rents, that would no doubt be held 
 to be sufficient evidence of the " ordinary course of dealing." It 
 has been held in a case within this section that a landlord may 
 distrain for rent legally due at the time of the distress, but not 
 yet payable " according to the ordinary course of dealing," and 
 also for rent which has become due more than a year pre- 
 viously, but has become payable ' ' according to the ordinary 
 course of dealing" less than a year j>reviously, although the 
 total amount distrained for may thus exceed one year's rent : Re 
 Beiv, Ex parte Bull (56 L. J. Q. B. 270 ; 18 Q. 13. D. 642). 
 
 Limita- 45. Wliere live stock 1 belonging to another person 
 
 distress in nas keen taken in by tlie tenant of a holding to Avhich 
 respect of this Act applies to be fed at a fair price 2 agreed to be 
 paid for such feeding by the owner of such stock to the 
 tenant, such stock shall not be distrained by the land- 
 lord 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, and it shall be lawful for 
 the owner of such stock, at any time before it is sold, 
 to redeem such stock by paying to the distrainer a sum 
 equal to such price as aforesaid, and any payment so 
 made to the distrainer shall be in fidl discharge as 
 against the tenant of any sum of the like amoimt 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 pi ii I ion shall continue to the full extent of the 
 
 be dis- 
 trained
 
 DISTRESS. 51 
 
 price originally agreed to be paid for the feeding of § 45. 
 the whole of such live stock, or if part of such price " 
 has been bond fide paid to the tenant under the agree- 
 ment, then to the full extent of the price then remaining 
 unpaid. 3 
 
 Agricultural or other machinery which is the bond fide 
 property of a person other than the tenant, and is on 
 the premises of the tenant under a bond fide agreement 
 with him for the hire or use thereof in the conduct of 
 his business, and live stock of all kinds which is the 
 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. 4 
 
 ( l ) See interpretation clause, sect. 61. 
 
 ( 3 ) The words " at a fair price " will exclude cases where there « At a fair 
 is an absence of bona fides. The equivalent for which the live price, 
 stock are agisted need not necessarily be money. In London and 
 Yorkshire Bank v. Betton (54 L. J. Q. B. 5G8 ; 15 Q. B. D. 457), 
 cows were agisted on the terms " milk for meat," i.e., that the 
 cows should feed on the farm, and the farmer should have their 
 milk in return ; and it was held that the agistment was within 
 the Act, and that they were privileged from distress. In Masters 
 v. Green (20 Q. B. D. S07) the tenant allowed the owner of 
 certain cattle the exclusive right to feed the ' ' grass on the land 
 for four weeks " in consideration of 21. The Court held that 
 they were not " taken in to be fed at a fair price" within the 
 meaning of this section, the payment being in the nature of 
 rent for use and occupation, and not for agistment at all. 
 
 ( 3 ) If the person who has agisted his stock at a certain price 
 withdraws a portion of such stock before the price payable by 
 agreement for the agistment has actually been paid, the landlord 
 may distrain upon the stock still remaining for the whole of the 
 price thus unpaid, although some of such price is in respect of 
 the stock withdrawn. 
 
 ( 4 ) Previously to this Act the principal exceptions from dis- Excep- 
 tress for rent in the case of agricultural tenancies were fixtures, ^? us irom 
 things in actual use, beasts of the plough, and tools of trade ; 
 
 the two latter being liable to distress if there should not be 
 other sufficient distress. To this Hst is now to be added (a) ma- 
 chinery on the premises of the tenant under a bona fide agree- 
 
 e2
 
 52 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 45,46. ment for hire in the conduct of his business ; (b) live stock of all 
 kinds which is the bond fide property of a person other than the 
 tenant, and is on the tenant's premises solely for breeding pur- 
 poses ; (c) live stock agisted with the tenant at a fair price. In 
 the latter case, however, if there is no other sufficient distress, 
 the landlord may distrain for a sum not exceeding the amount 
 agreed to be paid for the feeding, and then unpaid, and the 
 transaction must be a bond fide agistment. See Masters v. 
 Green (20 Q.. B. D. 807). 
 
 The old law was that cattle upon land by way of agistment 
 might be distrained for rent ; though in Miles v. Furber (42 
 L. J. Q. B. 41 ; L. E. 8 Q. B. 77), Mellor, J., doubted if it 
 would apply if it were shown that a person exercised the trade 
 of agisting cattle. See Eolle, Abr. 669 ; Oro. Eliz. 549 ; Dixon, 
 p. 484. 
 
 Remedy ^g Where any dispute arises — 
 
 for wrong- J * 
 
 ful distress (a) in respect of any distress having been levied 
 A_ ct# 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 
 
 applies : * 
 such dispute may be heard 2 and determined by the 
 County Court or by a Court of Summary Jurisdiction, 
 and any such County Court or Court of Summary Juris- 
 diction may make an order for restoration of any live 
 stock or things unlawfully distrained, or may declare 
 the price agreed to be paid in the case where the price 
 of the feeding is required to be ascertained, or may 
 make any other order 3 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; 1 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
 
 DISTRESS. 63 
 
 may think just, appeal 5 to a Court of General or Quarter § 46. 
 
 Sessions. 
 
 section. 
 
 (*) The effect of sub-sect, (c) is very wide, and includes all Scope of 
 disputes as to illegal or excessive distress which were formerly ™e^ 
 subjects of an action in the High Court of Justice : but see 
 note ( 3 ), infra. 
 
 ( 2 ) It is to be observed that this section is permissive, and 
 does not exclude the jurisdiction of the High Court, so that a 
 person aggrieved may still bring an action for illegal distress if 
 he think fit. Sect. 60 saves all present rights of a landlord or 
 tenant not expressly excluded by the Act. 
 
 ( 3 ) The words " or may make any other order" might enable 
 magistrates to award damages. Such an order would not seem 
 to be quite outside their jurisdiction, as they have already 
 power of enforcing certain civil debts ; but it is not known that 
 damages in a case of distress have ever been awarded under 
 this section by a Court of Summary Jurisdiction, and it would 
 not seem a suitable tribunal to deal with a claim for damages. 
 See Summary Jurisdiction Act, 1S79 (42 & 43 Vict. c. 49), 
 ss. 6 and 7. 
 
 ( 4 ) The matter will be brought before the Court of Summary Procedure 
 Jurisdiction by a complaint made by the person aggrieved, before a 
 followed by a summons issued thereupon. A complaint must 3°^° 
 be made within six months of the time when the matter of such jurisdic- 
 complaint arose : Movant v. Taylor (45 L. J. M. C. 78 ; 1 Ex. D. tion or 
 188). The mode of making and enforcing summary orders by Q°^ t J 
 the justices other than for the payment of money, is laid down 
 
 in the Summary Jurisdiction Act, 1879, s. 34. The person 
 making default may be ordered to pay a sum not exceeding 1/. 
 for every day he is in default, or may be imprisoned till he 
 has remedied his default. 
 
 If the dispute is to be settled by a County Court, the proce- 
 dure laid down in the County Court Rules, Order XLa, Rule 8, 
 must be adopted. See this rule, post, p. 150, and Form 312c. 
 
 ( 5 ) The procedure on appeal to a Court of General or Quarter Procedure 
 Sessions is regulated by the Summary Jurisdiction Act, 1879, on appeal 
 s. 31. Notice in writing of the intention to appeal must be Q uar t er 
 given to the other party, and to the clerk of the Court of Sum- Sessions, 
 mary Jiuisdiction within seven days after the day on which the 
 decision of the Court (of Summary Jurisdiction) was given. 
 
 Such notice must contain a statement of the general grounds of 
 the appeal (sub-sect. 2). The appeal is to the next practicable
 
 54 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 88 46,47, Court of General or Quarter Sessions having jurisdiction in the 
 48, 49, county, borough, or place for which the Court of Summary 
 50. Jurisdiction acted, and holden not less than fifteen days after 
 the day on which the decision was given, upon which the order 
 was founded (sub-sect. 1). The notice required by sub-sect. 2 
 must be in writing, and may be transmitted as a registered 
 letter by the post (sub-sect. 7). 
 
 The right to appeal to the High Court from the decision of a 
 County Court under this section is not excluded by the express 
 power given to appeal to the Court of Quarter Sessions from the 
 decision of a Court of Summary Jurisdiction : Hanmer v. King 
 (57 L. T. Eep. 507). 
 
 Set-off of 
 compensa- 
 tion 
 against 
 rent. 
 
 Exclusion 
 of certio- 
 rari. 
 
 47. Where tlie compensation due under this Act, or 
 under any custom or contract, to a tenant, has been 
 ascertained before the landlord distrains for rent due, 
 the amount of such compensation may be set off against 
 the rent clue, and the landlord shall not be entitled to 
 distrain for more than the balance. 
 
 48. An order of the County Court or of a Court of 
 Summary Jurisdiction under this Act shall not be 
 quashed for want of form, or be removed by certiorari 
 or otherwise into any superior Court. 1 
 
 ( : ) Under words in the Prevention of Cruelty to Animals Act, 
 18-19 (12 & 13 Vict. c. 92), s. 26, similar to those in this section, 
 it was held that the Court of Queen's Bench was precluded from 
 entertaining a case stated by justices for the opinion of the 
 Court : Reg. v. Chantrell (L. E. 10 Q. B. 587) ; but see the 
 Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 19), s. 40. 
 
 Limita- 
 tion of 
 costs in 
 case of 
 distress. 
 
 Repeal of 
 2 W. & M. 
 
 C. 5, 8. 1, 
 
 49. No person, whatsoever making any distress for rent 
 on a holding to which thin Act applies when the sum de- 
 manded and due shall exceed the sum of twenty pounds for 
 or in respect of such rent shall be entitled to any other or 
 more costs and charges for and in respect of such distress 
 or any matter or thing done therein than such as are fixed 
 and set forth in the 2nd Schedule hereto. 
 
 50. So much of an Act passed in the second year of the 
 reign of their Majesties King William the Third and
 
 DISTRESS. 
 
 55 
 
 Man/, chapter Jive, as requires appraisement before sale of §§50,51, 
 goods distrained is hereby repealed as respects any holding 52. 
 to which this Act applies, and the landlord or other person as to ap- 
 levying a distress on such holding may sell the goods and JJJJJ^ 
 chattels distrained without causing them to he previously sale at 
 appraised ; and for the purposes of sale the goods and auction. 
 chattels distrained shall, at the request in writing of the 
 tenant or owner of such goods and chattels, be removed to a 
 public auction room or to some other ft and proper place 
 specified in such request, and be there sold. The costs and 
 expenses attending any such removal, and any damage to 
 the goods and chattels arising therefrom, shall be borne 
 and paid by the party requesting the removal. 
 
 51. The period of five days provided in the said Act of ^Jjjjjj 
 William and Mary, chapter five, within which the tenant replevy at 
 or owner of goods and chattels distrained may replevy the 22aa?° 
 same shall, in the case of any distress on a holding to 
 
 which this Act applies, be extended to a period of not more 
 than fifteen days, if the tenant or such owner make a 
 request in writing in that behalf to the landlord or other 
 person levying the distress, and also give security for any 
 additional costs that may be occasioned by such extension of 
 time. Provided that the landlord or person levying the 
 distress way, at the written request or with the written 
 consent of the tenant, or such owner as aforesaid, sell the 
 goods and chattels distrained or part of them at any time 
 before the expiration of such extended period as aforesaid. 
 
 52. From and after the commencement of this Act no Bailiffs to 
 person shall act as a bailiff to levy any distress on any p oiX"d by 
 
 holding to which this Act applies unless he shall be County 
 
 J ... Court 
 
 authorized to act as a bailiff by a certificate in writing judges. 
 
 under the hand of the judge of a County Court ; and 
 every County Court judge shall, on or before the thirty- 
 first day of December one thousand eight hundred and 
 eighty-three, and afterwards from time to time as occasion 
 shall require, appoint a competent number of fit and proper 
 persons to act as such bailiffs as aforesaid. If any person
 
 56 AGEICULTUKAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 § **• so appointed shall be proved to the satisfaction of the said 
 judge to have been guilt// of any extortion or other Mis- 
 conduct in the execution of his duty as a bailiff, he shall be 
 liable to have his appointment summarily cancelled by the 
 said judge. 
 
 Law of Sects. 49, 50, 51, and 52 were repealed by the Law of Distress 
 
 Distress Amendment Act, 1888 (51 & 52 Vict. c. 21), and replaced by 
 
 meTlct, the followin g sections :— 
 
 1S88. Sect. 5. "So much of an Act passed in the second year of the 
 
 reign of their Majesties King William the Third and Mary, 
 chapter five, as requires appraisement before sale of goods dis- 
 trained is hereby repealed, except in cases where the tenant or 
 owner of the goods and chattels by writing requires such 
 appraisement to be made, and the landlord or other person 
 levying a distress may, except as aforesaid, sell the goods and 
 chattels distrained without causing them to be previously 
 appraised ; and for the purposes of sale the goods and chattels 
 distrained shall, at the request in writing of the tenant or owner 
 of such goods and chattels, be removed to a public auction room, 
 or to some other fit and proper place specified in such request, 
 and be there sold. The costs and expenses of appraisement 
 when required by the tenant or owner shall be borne and paid 
 by him; and the costs and expenses attending any such removal, 
 and any damage to the goods and chattels arising therefrom, 
 shall be borne and paid by the person requesting the removal." 
 Sect. 6. " The period of five days provided in the said Act of 
 "William and Mary, chapter five, within which the tenant as 
 owner of goods and chattels distrained may replevy the same, 
 shall be extended to a period of not more than fifteen days if the 
 tenant or such owner make a request in writing in that behalf 
 to the landlord or other person levying the distress, and also 
 give security for any additional cost that may be occasioned by 
 such extension of time : Provided that the landlord or person 
 levying the distress may, at the written request, or with the 
 written consent, of the tenant or such owner as aforesaid, sell 
 the goods and chattels distrained, or part of them, at any time 
 before the expiration of such extended period as aforesaid." 
 
 Sect. 7. "From and after the commencement of this Act no 
 person shall act as a bailiff to levy any distress for rent unless 
 he shall be authorized to act as a bailiff by a certificate in 
 writing under the hand of a County Court judge; and such 
 certificate may be general or apply to a particular distress or
 
 DISTRESS. 
 
 57 
 
 distresses, and may be granted at any time after the passing of § 52. 
 
 this Act in such manner as may be prescribed by rules under 
 
 this Act. If any person holding a certificate shall be proved to 
 the satisfaction of a judge of a County Court to have been 
 guilty of any extortion or other misconduct in the execution of 
 his duty as a bailiff, he shall be Hable to have his certificate 
 summarily cancelled by the said judge. 
 
 "Nothing in this section shall be deemed to exempt such 
 bailiff from any other penalty or proceeding to which he may 
 be hable in respect of such extortion or misconduct. 
 
 ' ' A County Court registrar may exercise the power of 
 granting certificates hereby conferred upon a County Court 
 judge in cases in which he may be authorized to do so by rules 
 made under this Act. 
 
 "If any person not holding a certificate under this section 
 shall levy a distress contrary to the provisions of this Act, the 
 person so levying, and any person who has authorized him so to 
 levy, shall be deemed to have committed a trespass." 
 
 Eules were issued under this Act on 31st August, 1888, and 
 the Table of Fees thereunder will be found, post, p. 68. 
 
 The Law of Distress Amendment Act, 1895 (58 & 59 Yict. Law of 
 c. 21), gives general power to the judge of a County Court to Distress 
 cancel any bailiff's certificate granted by the judge of that men t Act 
 Court (sect. 1), and makes the acting without a certificate pun- 1895. 
 ishable by fine not exceeding 107. (sect. 2). It also empowers a 
 Court of Summary Jurisdiction to direct that goods and chattels, 
 exempt from distress under the Act of 1888, which have 
 been taken under such distress, if not sold shall be restored ; or 
 if they have been sold, that their value shall be paid to the 
 complainant (sect. 4). 
 
 Eules made under this Act on 29th November, 1895, provide 
 that a general certificate shall (unless previously determined) 
 have effect until the 1st February next after the expiration of 
 twelve months from the granting thereof , and may be renewed 
 from time to time for a like period, and that a list of bailiffs 
 holding certificates shall, on the 1st February in every year, bo 
 exhibited in the office of every Court.
 
 58 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 Com- 
 mence- 
 ment of 
 
 Act. 
 
 Holdings 
 to which 
 Act 
 applies. 
 
 PART III. 
 
 General Provisions. 
 
 §§ 53,54. 53. This Act shall come into force on the first clay of 
 January, one thousand eight hundred and eighty-four, 
 which day is in this Act referred to as the commence- 
 ment of this Act. 
 
 54. Nothing in this Act shall apply to a holding that 
 is not either wholly agricultural or wholly pastoral, or 
 iu part agricultural, and as to the residue pastoral, or in 
 whole or in part cultivated as a market garden, 1 or to 
 any holding let to the tenant during his continuance in 
 any office, appointment, or employment held under the 
 landlord. 
 
 ( ! ) The words of this section will not include garden ground 
 other than market gardens. A " holding" will not be excluded 
 from the benefit of the Act, because it comprises among other 
 things a house and garden for the use of the tenant, as long as 
 the object of the letting is either agricultural or pastoral, or 
 both. There is nothing said as to the size of the holding, but 
 ' ' allotments " which do not exceed two acres in extent are 
 dealt with by the Allotments and Cottage Gardens Compensa- 
 tion for Crops Act, 1887. Market gardens are the subject of 
 the Market Gardeners' Compensation Act, 1895, see post, p. 76. 
 
 There is no definition of what is to be considered an ' ' agricul- 
 tural" holding in this Act. In the Agricultural Eates Act, 
 1896 (59 & 60 Vict. c. 16), s. 9, "agricultural land" is defined as 
 meaning ' ' any land used as arable, meadow, or pasture ground 
 only, cottage gardens exceeding one quarter of an acre, market 
 gardens, nursery grounds, orchards, or allotments, but does not 
 include land occupied together with a house as a park, gardens, 
 other than as aforesaid, pleasure-grounds, or any land kept or 
 preserved mainly or exclusively for purposes of sport or recrea- 
 tion, or land used as a racecourse." It is submitted that the 
 meaning in this Act is at least as extensive as in the Agricul- 
 tural Eates Act. The occupier of a market garden covered with 
 glass-houses was, in Smith v. "Richmond (68 L. J. Q. B. 898; 
 (1899) A. C. 448), held not to be an occupier of agricultural land 
 within the Agricultural Eates Act, 1896, and therefore not 
 
 What is 
 an ' ' agri- 
 cultural 
 holding."
 
 GENEKAL PROVISIONS. 59 
 
 entitled to the exemption from rates conferred by that Act, §§ 54,55. 
 which was intended to bo given to land only, and not to land 
 covered with buildings. The antithesis between land and 
 buildings in that Act is not found in the present Act or the 
 Market Gardeners' Compensation Act, 1895, and probably land 
 covered with buildings such as glass-houses for market garden- 
 ing purposes would be entitled to the benefit of these Acts. . 
 See Purser v. Worthing Local Board (56 L. J. M. 0. 78; 18 
 Q. B. D. 818), where it was held that land covered with green- 
 houses used for growing fruit and vegetables for sale constituted 
 a "market garden or nursery ground" within sect. 211, sub- 
 sect. 1, of the rublic Health Act, 1875, and was only rateable on 
 one-fourth of its annual value. 
 
 55. Any contract, agreement, or covenant made by a Avoidance 
 tenant, by virtue of which he is deprived of his right to JL^Jfj^l" 
 claim compensation under this Act in respect of any consistent 
 improvement mentioned in the 1st Schedule hereto 
 (except an agreement providing such c< anpensation as 
 is by this Act permitted to he substituted for compensa- 
 tion under this Act 1 ), shall, so far as it deprives him of 
 such right, he void both at law and in equity. 2 
 
 (') By sections 3 and 4, the landlord may agree to pay com- Agree- 
 
 pensation for improvements mentioned in the first and second n ^ nts P ro " 
 
 viclin ' 
 parts of the 1st Schedule ; by sect. 5, he may by a particular substi- 
 
 agreement agree to pay fair and reasonable compensation for an tuted com- 
 
 improvement mentioned in the third part of the 1st Schedule. pensahon. 
 
 ( 2 ) It is to be noticed that this section only avoids agreements How far 
 
 depriving the tenant of his right to compensation in respect of the Act 
 
 improvements. ma ^ h -, e , 
 
 . excluded. 
 
 This section does not apply to any tenancy for a less period 
 
 than one year (sect. 61), e.g., to a letting of pasture land for the 
 summer months, and it has been suggested that the compulsory 
 effect of the Act may be avoided by means of an agreement for 
 a half-yearly or quarterly letting, determinable by notice at the 
 end of any half-year or quarter ; but a letting " at the rent of 
 19/. 12s. a year payable quarterly on the four usual quarter- 
 days for payment of rent in every year " is a yearly tenancy 
 and therefore within the Act, notwithstanding that it is pro- 
 vided that it may be determined by a three months' notice to 
 quit on any day of the year : King v. L'ccrsjhld (GG L. J. Q. B. 
 809; (1897) 2 Q. B. 475).
 
 60 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§55,56, 
 
 57. 
 
 Right of 
 tenant in 
 respect of 
 improve- 
 ment pur- 
 chased 
 from out- 
 going 
 tenant. 
 
 Other methods suggested for excluding this Act are a reser- 
 vation of penal rents for improvements executed without the 
 landlord's consent, and a covenant not to execute any improve- 
 ments without the landlord's consent ; but it is submitted that 
 neither of these expedients would be valid under sect. 55. It 
 has also been suggested that a higher rent might be reserved 
 during the last two or three years of a term, reducible to the 
 normal rent on the execution in each year by the tenant of 
 improvements of a certain value within the third part of the 
 schedule, in which case the amount to be taken off from the 
 rent could be deducted from the amount payable for compensa- 
 tion, as being a "benefit allowed in consideration of the tenant 
 executing the improvement." See sect. 1 of the Act of 1900. 
 
 Compensa- 
 tion under 
 this Act to 
 he exclu- 
 sive. 
 
 56. Where an incoming tenant has, with the consent 
 in writing of his landlord, 1 paid to an outgoing tenant 
 any compensation payable under or in pursuance of this 
 Act in respect of the whole or part of any improvement, 
 such incoming tenant shall be entitled on quitting the 
 holding to claim compensation in respect of such im- 
 provement or part in like manner, if at all, as the out- 
 going tenant would have been entitled if he had 
 remained tenant of the holding, and quitted the hold- 
 ing at the time at which the incoming tenant quits the 
 same. 
 
 (') It is to be noticed that the consent in writing of the land- 
 lord is necessary to enable an incoming tenant to avail himself 
 of this section. As the compensation will practically be gene- 
 rally paid in this way by the incoming to the outgoing tenant, 
 the former should be careful to get the written consent of tho 
 landlord before making any payment. 
 
 See Form 16. 
 
 In respect of any improvement provided for by the Market 
 Gardeners' Compensation Act, 1897, the consent of the landlord 
 to the purchase by the incoming tenant is not necessary. See 
 post, p. 77. 
 
 57. A tenant shall not be entitled to claim compensation 
 by custom 1 or otherwise than in manner authorized by this 
 Act in respect of any improvement for which he is entitled 
 to compensation under or in pursuance of this Act, but
 
 GENERAL PROVISIONS. 61 
 
 where he is not entitled to compensation under or in pur- §§ 57,58, 
 suance of this Act he may recover compensation tinder any 59. 
 other Act of Parliament, or any agreement or custom, in 
 the same manner as if this Act had not passed. 
 
 (*) See Agricultural Holdings Act, 1900 (sect. 1, sub-sect. 5), 
 which restores the right to claim under the custom of the country, 
 and permits a claim under an agreement in lieu of under the Act. 
 
 This section, though prohibiting a tenant from claiming com- 
 pensation in respect of an improvement under the Act otherwise 
 than in manner authorized by the Act, was held only to apply 
 to a tenant claiming under the Act, and not to one claiming 
 under an agreement or submission to arbitration outside the 
 Act : Re Pearson and F Anson (68 L. J. Q. B. 878 ; (1899) 2 Q. B. 
 618) ; Newhy v. Eckersley (68 L. J. Q. B. 261 ; (1899) 1 Q. B. 
 465); Be Lloyd and Tooth (68 L. J. Q. B. 376; (1899) 1 Q. B. 
 559). 
 
 58. A tenant who has remained in his holding during Provision 
 a change or changes of tenancy shall not thereafter on ^ a °„ e of 
 quitting his holding at the determination of a tenancy tenancy, 
 be deprived of his right to claim compensation in 
 respect of improvements by reason only that such 
 improvements were made during a former tenancy or 
 tenancies, and not during the tenancy at the deter- 
 mination of which he is quitting. 1 
 
 (^ This section supplements sect. 1 of the Agricultural 
 Holdings Act, 1900, so that a tenant will on quitting his 
 holding be entitled to compensation for improvements made at 
 any time during his occupation, notwithstanding a change of 
 tenancy. 
 
 59. Subject as in this section mentioned, a tenant Restric- 
 shall not be entitled to compensation in respect of any respec t f 
 improvements, other than manures 1 as defined by this improve- 
 
 1 • i • ments by 
 
 Act, begun by him, if he holds from year to year, within tenant 
 one year before he quits his holding, or at any time j!j°£ tto 
 after he has given or received final notice to quit, and, 
 if he holds as a lessee, within one year before the expi- 
 ration of his lease. 
 
 A final notice to quit means a notice to quit which
 
 62 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. 
 
 §§ 59,60. 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 afore- 
 said — 
 
 (1.) Where a tenant from year to year has begun 
 such improvement during the last year of his 
 tenancy, and, in pursuance of a notice to quit 
 thereafter given by the landlord, 2 has quitted 
 his holding at the expiration of that year ; 
 and 
 
 (2.) Where a tenant, whether a tenant from year to 
 year or a lessee, previously to beginning any 
 such improvement, 3 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 im- 
 provement. 
 
 ( J ) "Manures" mean any of the improvements numbered 
 23, 24, and 25 in the 1st Schedule to the Agricultural Holdings 
 Act, 1900. See sect. 9 of that Act. 
 
 ( 2 ) Notice to quit may be given within the last year of a 
 tenancy from year to year, if the operation of sect. 33 be ex- 
 cluded by express agreement between the landlord and tenant. 
 
 ( 3 ) This section will not apparently give a tenant any right 
 to compensation for an improvement begun but not completed. 
 According to sect. 1 of the Agricultural Holdings Act, 1900, he 
 must have "made the improvement." 
 
 General 60. Except as in this Act expressed, nothing in this 
 
 rights'. Act shall take away, abridge, or prejudicially affect any 
 power, right, or remedy of a landlord, tenant, or other 
 person vested in or exerciseable by him by virtue of any 
 other Act or law, or under any custom of the country, 
 or otherwise, in respect of a contract of tenancy or other 
 contract, or of any improvements, waste, emblements,
 
 GENEEAL PEOVISIONS. 63 
 
 tillages, away-going crops, fixtures, tax, rate, tithe rent- §§ 60,61. 
 charge, rent, or other thing. 
 
 61. In this Act— Interpre- 
 
 tation. 
 
 " 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 
 tenancy cm-rent 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 land- 
 lord 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 com- 
 mencement of this Act : l 
 
 "Determination of tenancy" means the cesser of a 
 contract of tenancy by reason of effluxion of 
 time, or from any other cause : 
 " Landlord " in relation to a holding means any 
 person for the time being entitled to receive the 
 rents and profits of any holding : 2 
 " Tenant" means the holder of land under a landlord 
 for a term of years, or for lives, or for lives and 
 years, or from year to year : 
 " Tenant " includes the executors, administrators, 
 assigns, legatee, devisee, or next-of-kin, husband, 
 guardian, committee of the estate or trustees in 
 bankruptcy of a tenant, or any person deriving 
 title from a tenant ; and the right to receive 
 compensation in respect of any improvement 
 made by a tenant shall enure to the benefit of
 
 64 
 
 AGRICULTURAL HOLDINGS (ENGLAND) ACT, 188 
 
 §61. 
 
 " Yearly 
 tenancy ' ' 
 and 
 
 ' ' tenancy 
 from year 
 to year." 
 
 Who is a 
 "land- 
 lord." 
 
 such, executors, administrators, assigns, and other 
 persons as aforesaid : 
 " Holding " means any parcel of land held by a 
 
 tenant : 3 
 " 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 corpora- 
 tion aggregate or sole : 
 " Live stock " includes any animal capable of being 
 
 distrained : 
 "Manures" means any of the improvements numbered 
 twenty-two and twenty-three in the third part of the 
 1st Schedule hereto : 
 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. 
 
 ( : ) There may be a distinction between a yearly tenancy and 
 a tenancy from year to year. An agreement to let at a rent 
 payable quarterly, determinable on any day of the year by three 
 calendar months' notice to quit will create a tenancy from year 
 to year : King v. Eversfield (66 L. J. Q. B. 809 ; (1897) 2 Q. B. 
 475). 
 
 ( 2 ) " Landlord " will include a mortgagee in possession. By 
 the Tenants' Compensation Act, 1890 {post, p. 70), a mortgagee 
 who deprives the occupier of land of possession is liable to com- 
 pensate him for his crops and expenditure. 
 
 In Mansel v. Norton (52 L. J. Ch. 357 ; 22 Ch. D. 769), an owner 
 in fee demised a farm for seven years, and agreed, at the expira- 
 tion of the term, to pay for the tenant's property on the farm at a 
 valuation. He devised the land to trustees for a term of 1,000 
 years, upon trust to raise money in aid of his personal estate, and 
 subject thereto to the plaintiff for life, with divers remainders 
 over. On the testator's death the plaintiff took 2)ossession. On 
 the expiration of the term a new tenant could not be found. The 
 plaintiff paid the outgoing tenant for his property on the farm, 
 and claimod to be repaid out of the testator's estate. It was
 
 GENERAL PROVISIONS. 
 
 65 
 
 held that the landlord for the time being was the person §§61,62, 
 primarily liable, and that the plaintiff (being in receipt of the 63, 64. 
 rents and profits) was the landlord, and not the trustee of the 
 term, and that he therefore was the person primarily liable, and 
 had no claim to be repaid wholly or in part out of the testator's 
 estate or by the persons entitled in remainder. 
 
 ( 3 ) In the Irish case of Ex parte Sir Edward S. Hutchinson 
 (12 L. R. Ir. 79), under tho Irish Land Act, 1881, a profit a 
 prendre appurtenant to the lands comprised in the letting was 
 held to form part of the " holding." 
 
 62. On and after the eonirnencement of this Act, the Repeal of 
 Agricultural Holdings (England) Act, 1875, and the 1875 an( j 
 Agricultural Holdings (England) Act, 1875, Amend- 1876 - 
 ment Act, 1876, shall be repealed. 
 
 Provided that such repeal shall not affect — 
 
 (a) any thing duly done or suffered, or any proceed- 
 
 ings pending under or in pursuance of any 
 enactment hereby repealed ; or 
 
 (b) any right to compensation in respect of improve- 
 
 ments to which the Agricultural Holdings 
 (England) Act, 1875, applies, and which were 
 executed before the commencement of this 
 Act ; or 
 
 (c) any right to compensation in respect of any im- 
 
 provement to which the Agricultural Holdings 
 (England) Act, 1875, applies, although exe- 
 cuted by a tenant after the commencement 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 Short title 
 Agricultural Holdings (England) Act, 1883. 
 
 64. This Act shall not apply to Scotland or Ireland. Limits of 
 
 Act. 
 S. F
 
 66 AGRICULTURAL HOLDINGS ( ENGLAND) ACT, 1883. 
 
 Sched. I. 
 
 Part I. 
 
 (1. 
 
 (2- 
 (8- 
 
 (4- 
 (5. 
 
 («• 
 (8- 
 
 (9.) 
 (10.) 
 (11.) 
 
 (12.) 
 (13.) 
 (14.) 
 
 FIRST SCHEDULE. 
 
 -Improvements to which consent of Landlord is 
 required. 
 
 Erection or enlargement of buildings. 
 
 Formation of silos. 
 
 Laying down of permanent pasture. 
 
 Making and planting of osier beds. 
 
 Making of water meadows or works of irrigation. 
 
 Making of gardens. 
 
 Making or improving of roads or bridges. 
 
 Making or improving of /intercourses, ponds, 
 /cells, or reservoirs, or of works for the applica- 
 tion of water power, or for supply of water for 
 agricultural or domestic purposes. 
 
 Making offences. 
 
 Planting of hops. 
 
 Planting of orchards or fruit bushes. 
 
 Reclaiming of waste land. 
 
 Warping of land. 
 
 Embankment and sluices against floods. 
 
 Part II. — Improvement in respect of which notice to 
 
 Landlord is required. 
 (15.) Drainage. 
 
 Part III. — Improvements to which consent of Landlord 
 
 is not required. 
 
 (16.) Boning of land with undissolved bones. 
 
 (17.) Chalking of land. 
 
 (18.) Clay-burning. 
 
 (19.) Claying of land. 
 
 (20.) Liming of land. 
 
 (21.) Marling of land.
 
 SCHEDULES. 67 
 
 (22.) Application to land of purchased artificial or other Scheds. 
 
 purchased manure. 
 (23.) Consumption on the holding by cattle, sheep, or 
 pigs of cake or other feeding stuff not produced 
 on the holding. 
 
 The First Schedule to the Agricultural Holdings Act, 
 1900, is substituted for this Schedule : see post, p. 100. 
 
 I. II. 
 
 SECOND SCHEDULE. 
 
 Levying distress. Three per centum on any sum ex- Sect. 49. 
 ceeding 201. and not exceeding 50/. Tiro and a half per 
 centum on any sum exceeding 601. 
 
 To bailiff for levy, 11. 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 realized not exceeding 1001., and four per centum on 
 any additional sum realized not exceeding 1001., and on any 
 sum exceeding 2001. three per centum. A fraction of 11. 
 to be in all eases considered 11. 
 
 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 t tie County Court of the district in which the distress is 
 made. 
 
 This Schedule, under sect. 49, fixed the costs of distress Costs of 
 in a holding to which the Act applies. Sect, 49 and the dlstress ' 
 three following sections were repealed by the Law of 
 Distress Amendment Act, 1888 ; and by rides of August 31, 
 1888, made under that Act, the following scales were laid 
 down for regulating the fees, charges, and expenses in and 
 incidental to distresses. 
 
 f2
 
 68 AGRICULTURAL HOLDINGS ( ENGLAND) ACT, 1883. 
 
 Sched.II. By these rules it is provided that no person shall be 
 entitled to any fees, charges, or expenses for levying a 
 distress, or for doing any act or thing in relation thereto 
 than those specified as follows : — 
 
 Scale I. — Distresses for Rent where the Sum demanded and 
 due shall exceed 20/. 
 
 For levying distress 1 — Three per cent, on any sum ex- 
 ceeding 20/. and not exceeding 50/. Two and a half per 
 cent, on any sum exceeding 50/. and not exceeding 200/. ; 
 and one per cent, on any additional sum. 
 
 For man in possession, 5s. per day ; to provide his own 
 board in every case. 
 
 For advertisements the sum actually and necessarily 
 paid. 
 
 For commission to the auctioneer. On sale by auction 
 seven and a half per cent, on the sum realized not exceed- 
 ing 100/., five per cent, on the next 200/., four per cent, on 
 the next 200/. ; and on any sum exceeding 500/. three per 
 cent, up to 1,000/., and two and a half per cent, on any 
 sum exceeding 1,000/. A fraction of 1/. to be in all cases 
 reckoned 1/. 
 
 Treasonable fees, charges, and expenses (subject to rule 17) 
 where distress is withdrawn or where no sale takes jxLace, 
 and for negotiations between landlord and tenant respecting 
 the distress. 
 
 For appraisement, on tenant's written request, whether 
 by one broker or more, 6d. in the pound on the value as 
 appraised, in addition to the amount for the stamp. 
 
 Scale II. — Distresses for Rent where the sum demanded and 
 due shall not exceed 20/. 
 
 For levying distress, 3s. ' 
 
 For man in possession, 45. 6d. per day ; to provide his 
 own board in every caso.
 
 SCHEDULES. G9 
 
 For appraisement, on the tenant's written request, Sched.II. 
 
 whether by one broker or more, 6d. in the pound on the 
 
 value as appraised, in addition to the amount for the 
 stamp. 
 
 For all expenses of advertisements, if any, 10*. 
 
 Catalogues, sale and commission, and delivery, Is. in the 
 pound on the net produce of the sale. 
 
 For removal at tenant's request, the reasonable expenses 
 (subject to rule 17) attending such removal. 
 
 (') The bailiff, not the landlord, is entitled to the fee for 
 levying the distress. See Philipp* v. Bees (59 L. J. Q. B. 1 ; 
 24 Q. B. D. 17), overruling Coode v. Johns (55 L. J. Q. B. 475; 
 17 Q. B. D. 714).
 
 ( 70 ) 
 
 THE TENANTS' COMPENSATION 
 ACT, 1890. 
 
 (53 & 54 Vict. c. 57.) 
 
 §§ 1, 2. An Act to Amend the Law with respect to Compensation 
 clue to Tenants on Land under Mortgage. 
 
 [18th August, 1890.] 
 
 46 & 47 "Whereas it is expedient to amend the Agricultural 
 50 & 51 ' Holdings Act, 1883, and the Allotments and Cottage 
 Vict. c. 26. Gardens Compensation for Crops Act, 1887, in so far as 
 they relate to the compensation paid to tenants for im- 
 provements where land is under mortgage : 
 
 Be it therefore enacted by the Queen's most Excellent 
 Majesty, by and with the advice and consent of the 
 Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of 
 the same, as follows : 
 Construe- 1, This Act shall be construed as one with the Agri- 
 short title, cultural Holdings Act, 1883, and the Allotments and 
 Cottage Grardens Compensation for Crops Act, 1887 1 (in 
 tins Act referred to as the principal Acts), and this Act 
 may be cited as the Tenants' Compensation Act, 1890. 
 ( l ) Soe this Act, post, p. 110. 
 
 Compen- 2. Where a person occupies land under a contract of 
 tenants, tenancy 1 with the mortgagor, whether made before or
 
 COMPENSAIION. 71 
 
 after the passing of this Act, which, is not binding on § 2. 
 
 the mortgagee of such land, 2 then — when 
 
 (1.) The occupier shall, as against the mortgagee mortgagee 
 who takes possession, be entitled to any com- s i on 
 pensation which is, or would but for the mort- 
 gagee taking possession be due to the occupier 
 from the mortgagor as respects crops, im- 
 provements, tillages, or other matters connected 
 with, the land, whether under the principal 
 Acts or the custom of the country, or agree- 
 ments sanctioned by the principal Acts ; 
 
 Provided that any sum ascertained to be 
 due to the occupier for such compensation or 
 for any costs connected therewith, may be set 
 off against any rent or other sum due from 
 him in respect of the land, and recovered as 
 compensation under the principal Acts, but 
 unless so set off shall, as against the mort- 
 gagee, be charged and recovered in accordance 
 only with section thirty-one of the Agricultural 
 Holdings Act, 1883, as if the mortgagee were 
 the landlord within the meaning of that 
 section. 3 
 (2.) Before the mortgagee deprives the occupier of 
 possession of the land otherwise than in 
 accordance with the said contract, he shall 
 give to the occupier six months' notice in 
 writing of his intention so to deprive him, and 
 if he so deprives him compensation shall be 
 due to the occupier for his crops, and for any 
 expenditure upon the land which he has made 
 in the expectation of holding the land for the 
 full term of his contract of tenancy, in so far 
 as any improvement resulting therefrom is not 
 exhausted at the time of his being so deprived, 
 and such compensation shall be determined in 
 like manner as compensation under the prin-
 
 72 
 
 tenants' compensation act, 1890. 
 
 §2. 
 
 Effect of 
 leases by 
 mort- 
 gagors. 
 
 Convey- 
 ancing 
 Act, 1881, 
 e. 18. 
 
 cipal Acts, and shall be set off, charged, and 
 recovered in manner before provided in this 
 section. This sub-section shall only apply 
 where the said contract is for a tenancy from 
 year to year, or for a term of years not 
 exceeding twenty-one, at a rack-rent. 4 
 
 (') " Contract of tenancy" includes a lease for a term of years 
 and a yearly tenancy. See Agricultural Holdings Act, 1883, 
 s. 61. 
 
 ( 2 ) Previously to the Conveyancing and Law of Property Act, 
 1881, a lease made by a mortgagor after the mortgage was not 
 binding on the mortgagee, and he could on taking possession at 
 once evict the tenant as a trespasser: Keech v. Hall (I Dougl. 21). 
 A mere notice to the tenant from the mortgagee to pay rent to 
 him was insufficient to create the relation of landlord and 
 tenant between the mortgagee and tenant unless assented to by 
 the tenant : Rogers v. Humphreys (4 A. & E. 299) ; and such re- 
 lation was not created even if the tenant continued in possession 
 after the receipt of such a notice : Towerson v. Jackson (61 L. J. 
 Q. P. 36 ; (1891) 2 Q. B. 484). If, however, the tenant complied 
 with the notice he became tenant from year to year of the 
 mortgagee : Corbett v. Plowden (54 L. J. Ch. 109 ; 25 Ch. Div. 
 67S), and payment of rent to the mortgagee under compulsion 
 operated as a discharge of rent to the mortgagor : Underhay v. 
 Bead (57 L. J. Q. B. 129 ; 20 Q. B. D. 209). A mortgagor who 
 has mortgaged land after a lease made by him cannot recover 
 possession of land on a forfeiture for breach of covenant in the 
 lease, as he is no longer legally entitled to the reversion : 
 Matthews v. Usher (69 L. J. Q. B. 856), unless the lease was 
 made after the commencement of the Conveyancing Act, 1881 : 
 see sect. 10 of that Act. The law as above stated is applicable 
 at present (subject to the tenant's rights under this Act) to all 
 cases of mortgages where the operation of sect. 18 of the Con- 
 veyancing Act, 1881, is expressly excluded. 
 
 Sect. 18 of the Conveyancing and Law of Property Act, 1881, 
 provides — 
 
 " 18. (1) A mortgagor of land while in possession shall, 
 as against every incumbrancer, have, by virtue of this Act, 
 power to make from time to time any such lease of the 
 mortgaged land, or any part thereof, as in this section 
 described and authorized.
 
 COMPENSATION. 
 
 " (2) A mortgagee of land while in possession shall, as § 2. 
 against all prior incumbrancers, if any, and as against the 
 mortgagor, have, by virtue of this Act, power to make from 
 timo to time any such lease as aforesaid. 
 
 " (3) The leases which this section authorizes are— 
 " (i) An agricultural or occupation lease for any term 
 
 not exceeding twenty-one years ; and 
 " (ii) A building lease for any term not exceeding 
 ninety-nine years. 
 
 " (4) Every person making a lease under this section may 
 execute and do all assurances and things necessary or 
 proper in that behalf. 
 
 "(5) Every such lease shall be made to take effect in 
 possession not later than twelve months after its date. 
 
 " (6) Every such lease shall reserve the best rent that 
 can reasonably be obtained, regard being had to the circum- 
 stances of the case, but without any fine being taken. 
 
 "(7) Every such lease shall contain a covenant by the 
 lessee for payment of the rent, and a condition of re-entry 
 on the rent not being paid within a time therein specified 
 not exceeding thirty days. 
 
 " (8) A counterpart of every such lease shall be exerated 
 by the lessee and delivered to the lessor, of which execution 
 and delivery the execution of the lease by the lessor shall, 
 in favour of the lessee and all persons deriving title under 
 him, be sufficient evidence. 
 
 ***** 
 
 " (13) This section applies only if and as far as a contrary 
 intention is not expressed by the mortgagor and mortgagee 
 in the mortgage deed, or otherwise in writing, and shall 
 have effect subject to the terms of the mortgage deed or of 
 any such writing and to the provisions therein contained. 
 ***** 
 
 "(1G) This section applies only in case of a mortgage 
 made after the commencement of this Act; but the pro- 
 visions thereof, or any of them, may, by agreement in 
 writing made after the commencement of this Act, between 
 mortgagor and mortgagee, be applied to a mortgage made 
 before the commencement of this Act, so nevertheless that 
 any such agreement shall not prejudicially affect any right 
 or interest of any mortgagee not joining in or adopting the 
 agreement. 
 
 " (17) The provisions of this section referring to a lease 
 
 73
 
 74 
 
 TENANTS 7 COMPENSATION ACT, 1890. 
 
 §2- 
 
 Recovery 
 of com- 
 pensation. 
 
 Right of 
 tenant to 
 notice 
 before 
 eviction. 
 
 shall be construed to extend and apply, as far as circum- 
 stances admit, to any letting, and to an agreement, whether 
 in writing or not, for leasing or letting." 
 
 The result of the above provisions is that either mortgagor or 
 mortgagee when in possession may, unless the operation of the 
 Act is expressly excluded, grant a lease or enter into an agree- 
 ment of tenancy of agricultural land for a term not exceeding 
 twenty-one years, and such letting will be binding on the other 
 of them. "While in possession the mortgagor or mortgagee will 
 be entitled to receive the rent and will be liable to the tenant 
 for improvements for which compensation is payable under the 
 Agricultural Holdings Acts. 
 
 In cases where the Conveyancing Act does not apply, or is 
 excluded, and the tenancy is therefore not binding on the mort- 
 gagee, this Act provides that the tenant shall not lose his rights 
 if the mortgagee refuses to accept him as tenant and takes 
 possession. The Act not only gives him the right to com- 
 pensation for improvements under the Agricultural Holdings 
 Acts, but also the right to claim for crops, tillages and acts of 
 husbandry, which he might have claimed against his landlord 
 as an ordinary outgoing tenant. 
 
 ( 3 ) The sum due to the occupier for " compensation," which 
 expression covers the various matters mentioned in the early 
 part of sub-sect. 1, viz., crops, improvements, tillages, or other 
 matters connected with the land, may be set off against rent or 
 other sums due from the occupier, but is not recoverable against 
 a mortgagee landlord personally. In default of payment the 
 occupier will be entitled to a charge on the holding under sect. 31, 
 sub-sect. 4 of the Agricultural Holdings Act, 1883, to be obtained 
 on application to the Board of Agriculture (see ante, p. 36). 
 
 ( 4 ) This sub-sect, gives additional rights to tenants holding 
 under a yearly tenancy, or for a term not exceeding twenty- one 
 years, at a rack-rent, i.e., a rent representing the full annual 
 value of the land, no premium having been given, or allowance 
 from the rent made on account of any improvement executed 
 by the tenant. In such cases (which would include most agri- 
 cultural tenancies) the tenant is entitled as against any mort- 
 gagee to — 
 
 (i) Six months' notice in writing to quit. Apparently the 
 notice need not be given to determino at any of the 
 recognized quarter days, but may expire at any time. 
 
 (li) In addition to compensation in respect of the matters 
 mentioned in sub-sect. 1, the tenant may claim com-
 
 COMPENSATION. 75 
 
 pensation for his crops -which ho leaves, and for any RR 2, 3, 
 expenditure mado by him in the expectation of holding 4, 5. 
 on his tenancy until it expires in the natural course of 
 events, so far as the results of such expenditure have not 
 been exhausted. This compensation will be ascertainable 
 by arbitration under the Agricultural Holdings Acts. 
 
 3. "Where compensation for improvements comprised 51 & 52 
 in Part One or Part Two of the First Schedule to the toapnlv'to 
 Agricultural Holdings (England) Act, 1883, is charged compensa- 
 by an order under section thirty-one of that Act, the 46 & 47 
 charge shall be a land charge within the meaning of the 1 g 1 " c ' 
 Land Charges Registration and Searches Act, 1888, 
 and shall he registered accordingly. 1 
 
 ( J ) The Land Charges Eegistration and Searches Act, 1SS8, 
 provided for the registration of charges under sect. 29 of tho 
 Agricultural Holdings Act, 1883, but omitted to notice sect. 31. 
 The omission was remedied by this Act. Any charge not regis- 
 tered will be void as against a purchaser for value of the land 
 charged therewith. See note 2 to sect. 29 of the Agricultural 
 Holdings Act, 1883, ante, p. 35. 
 
 4. This Act shall not apply to provisions for the Exception 
 
 • . . m . of tithe 
 
 payment of tithe rent-charge arising under the Tithe rent- 
 Commutation Act, and subsequent Acts relating jj&f e ' 
 
 thereto. 1 Will. IV. 
 
 c. 71. 
 
 (*) The owner of tithe rent-charge is not under any circum- 
 stances to be considered a mortgagee in possession under this 
 Act. As to the provisions for recovery of tithe rent-charge under 
 the Tithe Act, 1891, see Dixon, p. 187. 
 
 5. This Act shall not apply to Scotland or Ireland. Extent of 
 
 Act.
 
 ( 7G ) 
 
 THE MAMET GABDENEBS' 
 COMPENSATION ACT, 1895. w 
 
 (58 & 59 Yict. c. 27.) 
 
 §§ 1, 2, An Act to Extend and Amend the Provisions of flie 
 3- Agricultural Holdings [England) Act, 1883, so far 
 
 as they relate to Market Gardens. 
 
 [6th July, 1895.] 
 
 Be it enacted by the Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the 
 same, as follows : 
 Short title ^ This Act may be cited as the Market Gardeners' 
 struction. Compensation Act, 1895, and shall be read and con- 
 strued as part of the Agricultural Holdings (England) 
 Act, 1883, hereinafter called the principal Act, as 
 amended by the Tenants' Compensation Act, 1890. 
 Com- 2. This Act shall come into operation on the first 
 
 ment day of January, one thousand eight hundred and 
 
 of Act. ninety-six, which date is hereinafter referred to as the 
 
 commencement of this Act. 
 Amend- 3. Where after the commencement of this Act it is 
 
 extension a g ree( l in writing that a holding shall be let or treated 
 of 46 & 47 as a market garden, 1 the following provisions shall 
 
 Vict. c. 61, fo j_ 
 
 as to im- have elicct : — 
 
 Pr ° V ta (I - ) ^e provisions of section thirty-four of the 
 
 executed principal Act shall extend to every fixture or 
 
 (a) The portion of this Act which has been repealed is printed in 
 italics.
 
 COMPENSATION. 
 
 77 
 
 building affixed or erected by the tenant to or § 3. 
 upon such holding for the purposes of his . 
 trade or business of a market gardener. 2 market 
 
 (2.) The improvements numbered (1) "erection or gar eDS- 
 enlargement of buildings" (G) " making of 
 gardens" and (11) "planting of orchards or 
 fruit bushes," in Part I. of the First Schedule 
 to the principal Act shall, as far as regards such 
 holding, cease to be comprised in the said 
 schedule.* 
 (3.) The following improvements shall, as far as regards 
 such holding, be deemed to be comprised in 
 Part III. of the said schedule : — 
 (i.) Planting of standard or other fruit trees per- 
 manently set out* ; 
 (ii.) Planting of fruit bushes permanently set out* ; 
 (iii.) Planting of strawberry plants ; 
 (iv.) Planting of asparagus and other vegetable 
 
 crops ; 
 (v.) Erection or enlargement of buildings for the 
 purposes of the trade or business of a market 
 gardener. 
 (4.) Section fifty-six of the principal Act shall be 
 read and construed as if the words " with the 
 consent in writing of his landlord" were not 
 included therein. 5 
 (5.) It shall be lawful for the tenant to remove all 
 frivit trees and fruit bushes planted by him on 
 the holding and not permanently set out * ; 
 but if the tenant shall not remove such fruit 
 trees and fruit bushes before the termination 
 of his tenancy, such fruit trees and fruit 
 bushes shall remain the property of the land- 
 lord, and the tenant shall not be entitled to 
 any compensation in respect thereof. 
 (!) In the case of a holding not in use or cultivation as a Tenancies 
 market garden at the commencement of this Act, in order that ^ ec ^ hy
 
 MARKET GARDENERS 5 COMPENSATION ACT, 1895. 
 
 §3. 
 
 Fixtures. 
 
 Removal 
 of trees 
 
 the tenant may reap the benefits of the Act, it is necessary that 
 there should be an express agreement in writing that the 
 holding shall " be let or treated as a market garden." In the 
 case of a lease or tenancy agreement it would probably be 
 sufficient that the holding should be described in terms which 
 showed an intention that it should be so treated. It is not 
 necessary that the whole of the holding should be so let or 
 treated ; it is sufficient if a part of it is cultivated ' ' wholly or 
 mainly " for the purpose or trade or business of market 
 gardening (see sect. 6). In such a case the Act will apply to 
 that part. Where the holding is not so let or treated originally, 
 in order that this Act may operate the tenant must obtain 
 a supplemental agreement from his landlord allowing him so to 
 treat it. 
 
 The manager of an .estate has, in the absence of any limita- 
 tion of his authority, power to bind the landlord by an agree- 
 ment with the tenant that the latter may be at liberty to change 
 the cultivation of an estate from agricultural land to that of a 
 market garden : Re Pearson and F Anson (68 L. J. Q. B. 878; 
 (1899) 2 Q. B. 618). 
 
 Even if the consent of the landlord is not obtained, the con- 
 version of arable and pasture land into a market garden and 
 the erection of glass-houses thereon does not constitute a breach 
 of a covenant to cultivate the farm " in a good and husbandlike 
 manner according to the best rales of husbandry practised in the 
 neighbourhood": Meuxv. Oobley (61 L.J. Ch. 449; (1892) 2 
 Ch. 253). 
 
 ( 2 ) The result of this sub-section is that any fixture or building 
 affixed or erected by the tenant ' ' for the purposes of his trade 
 or business of a market gardener," is removable by the tenant 
 "before or within a reasonable time after the termination of 
 the tenancy " upon one month's notice in writing to the land- 
 lord, who will have an option of purchasing at a fair value. 
 See sect. 34 of the Agricultural Holdings Act, 1883, and the 
 notes thereto, ante, p. 40. 
 
 ( :f ) This and the following sub-section are repealed by the 
 Agricultural Holdings Act, 1900, which in item No. 27 of 
 Part III. of the 1st Schedule enumerates the improvements 
 (which are substantially the same as those contained in tho 
 repealed sub-section) to which this section applies (see post, 
 p. 101). 
 
 (') Apart from this Act, trees and shrubs planted would not 
 be removable by tho tenant unless they were planted by a
 
 COMPENSATION. 79 
 
 nurseryman for the purposes of his trade and are not too aged S8 3, 4. 
 for transplanting, i.e., " not permanently set out" : Warded v. 
 
 Usher (3 Scott, N. E. 508). The ploughing up of strawberry . , 
 beds out of the ordinary course of management has been held to 
 be waste, although the tenant may have paid for them in a 
 valuation when he entered: Wath&rell v. Iloivells (1 Camp. 227). 
 
 ( 6 ) Sect. 56 of the Agricultural Holdings Act, 1883, gives the Right of 
 right to an incoming tenant who, " with the consent in writing incoming 
 of his landlord," has paid compensation for an improvement to w j 10 j iag 
 an outgoing tenant "under or in pursuance of" the Act, to paid for 
 claim against the landlord on quitting his holding in respect of lm P r °ve- 
 that improvement. This right can be obtained by payment to 
 an outgoing tenant without the consent of the landlord in the 
 case of improvements within this Act. 
 
 4. Where, under a contract of tenancy cm-rent at Applica- 
 the commencement of this Act, a holding is at that Q^ Te ^ 
 date in use or cultivation as a market garden with the tenancies, 
 knowledge of the landlord, and the tenant thereof has 
 then executed thereon, without having received pre- 
 viously to the execution thereof any written notice of 
 dissent by the landlord, any of the improvements in 
 respect of which a right of compensation or removal is 
 given to a tenant by this Act, then the provisions of 
 this Act shall apply in respect of such holding, as if it 
 had been agreed in writing after the commencement of 
 this Act that the holding should be let or treated as a 
 market garden. 1 
 
 (*) This section has, if construed literally (and it is difficult to Construc- 
 see how it can be otherwise construed), a somewhat extra- tion of 
 ordinary result, which places a tenant under a contract of sec lon * 
 tenancy current at the commencement of the Act (January 1, 
 1896) in a much better position as regards compensation than 
 one whose tenancy commenced after that date. In order to be 
 able to claim compensation, a tenant under a current tenancy 
 has only to show that he has then (i.e., on January 1, 1896) 
 executed some one of the improvements in respect of which the 
 Act gives him a right to compensation or removal without any 
 written dissent by his landlord, and that his holding is at that 
 date, to the knowledge of his landlord, cultivated as a market 
 garden, and he at once, without the necessity of obtaining any 
 consent from his landlord to its future cultivation in that way,
 
 80 MARKET GARDENERS' COMPENSATION ACT, 1895. 
 
 § 4. such as is required by the previous section in the case of a tenancy 
 commenced after January 1, 1896, becomes entitled to claim 
 compensation under the provisions of the Act for any improve- 
 ment executed by him. The result is that the Act has a retro- 
 spective effect without giving the landlord any opportunity of 
 avoiding the heavy expense for compensation to which he may 
 Retrospec- so be rendered liable ; for it is difficult to see how the landlord 
 tive effect. cou i(i h ave given a written dissent to the execution of an 
 improvement before the Act was passed, and before he knew the 
 liability in which it would involve him. 
 
 The wording of the section is, however, clear, and it is difficult 
 to see how the interpretation of it can be otherwise than is 
 suggested above. In a recent Scottish case, Callander v. Smith 
 (37 Sc. L. R. 890), the Court of Session, who had to deal with 
 the corresponding section in the Market Gardeners' Compensa- 
 tion (Scotland) Act, 1897, which is in all material respects 
 identical with the above section, held that the section does not 
 entitle a tenant, under a lease current at the commencement of 
 the Act, to claim compensation in respect of market garden 
 improvements executed prior to the commencement of the Act, 
 but they considered that the words " has then executed 
 thereon " mean " has executed such improvements prior to the 
 commencement of the Act." The result, therefore, was that 
 the tenant, by executing improvements before the commence- 
 ment of the Act, obtained the right to claim compensation 
 under the Act, but the claim could only be made in respect of 
 improvements subsequently executed. This decision reversed 
 the judgment of Lord Kyllachy, who considered that "has 
 then executed thereon" must have been intended to mean, 
 "has subsequently to the passing of this Act executed thereon." 
 Under sect. 61 of the Agricultural Holdings Act, 1883, a 
 tenancy from year to year current at the commencement of the 
 Act, ceases to be a tenancy " under a contract at the com- 
 mencement of the Act " on the first day on which either land- 
 lord or tenant could, the one by giving notice to the other 
 immediately after the commencement of the Act, cause a 
 tenancy to determine. There can, therefore, now be no tenancies 
 from year to year affected by this section. 
 
 The section applies where part only of a farm, held under an 
 ordinary agricultural lease, has been cultivated as a market 
 garden prior to the commencement of the Act, the term 
 "holding" in this section including "part of a holding": 
 Callander v. Smith (ubi suj>.).
 
 COMPENSATION. 81 
 
 5. Any compensation payable under this Act shall §§ 5, 6. 
 as regards land belonging to Her Majesty the Queen, As to 
 
 ° . . Crown 
 
 her heirs and successors, in right of the Crown or in lands and 
 
 right of the Duchy of Lancaster, and as regards land , *? be ", 
 
 & J ° longing to 
 
 belonging to the Duchy of Cornwall, be paid in the the 
 
 , . P ,n pi j_- i Duchies of 
 
 same manner and out of the same funds respectively as Lancaster 
 
 if it were payable in respect of an improvement men- and Corn- 
 tioned in the first part of the 1st Schedule to the 
 principal Act, except that as regards land belonging to 
 Her Majesty the Queen, her heirs and successors, in 
 right of the Crown, compensation for planting strawberry 
 plants and asparagus and other vegetable crops shall be 
 paid in the same manner and out of the same fimds as 
 if it were payable in respect of an improvement men- 
 tioned in the third part of the said schedule. 1 
 
 (^ See sect. 35 of the Agricultural Holdings Act, 1883. 
 
 6. For the purposes of the principal Act and of this Interpre- 
 Act the expression " market garden " shall mean a 
 holding or that part of a holding which is cultivated 
 wholly or mainly for the purpose of the trade or business 
 
 of market gardening. 1 
 
 (') This section defines the meaning of a "market garden," Meaning 
 but it still leaves undefined the expression "the trade or << mar k e t 
 business of market gardening." garden." 
 
 In Cooper v. Fcarse (65 L. J. M. C. 95; (1S96) 1 Q. B. 562) 
 a garden is defined as " a plot of ground in which fruit, flowers, 
 or vegetables are grown for food or pleasure," and in Purser v. 
 Worthing Local Board (56 L. J. M. 0. 78; 18 Q. B. D. 81S) a 
 piece of land, on which were built 16 greenhouses or glasshouses 
 which practically covered the surface of the land and were used 
 for growing vegetables and fruit for sale, was held to constitute 
 a "market garden or nursery ground" within sect. 211, sub- 
 sect. 1, of the Public Health Act, 1875. Probably "market 
 gardening" may be taken to mean " the growing for sale of 
 garden produce, whether fruit, flowers, or culinary vegetables," 
 as distinguished from farm produce. It is submitted that a 
 farmer who occasionally grows a market garden crop, e.g., 
 cabbages or carrots, and sells the same for consumption as 
 
 S. G
 
 82 MARKET GARDENERS' COMPENSATION ACT, 1895. 
 
 § 6. garden produce, does not come within the Act having regard to 
 
 the words "wholly or mainly," nor does a person in possession 
 
 of a garden who occasionally sells surplus garden produce. 
 See Re Hammond (14 L. J. Bk. 14), where a farmer, who was 
 in the hahit of growing in open fields a quantity of peas and 
 young potatoes as a fallow crop and sending them to London 
 for sale, was held not to be a market gardener within 5 & 6 Vict, 
 c. 122, s. 10. It is not necessary, however, that the whole 
 of the holding should be cultivated as a market garden. The 
 Act will apply if and so far as part of the holding is ' ' wholly 
 or mainly " so cultivated, e.g., a farmer who devotes part of his 
 farm to the growing of fruit, flowers, or culinary vegetables for 
 sale, if his landlord agrees in writing to his so treating it, 
 may claim compensation under the Act. See Callander v. Smith 
 (37 Sc. L. R. 890), where it was held by Lord Eyllachy and 
 acquiesced in by the Court of Session that in the construction of 
 the Act the term "holding" includes "part of a holding," 
 and consequently that sect. 4 applies where part of a farm, held 
 under ordinary agricultural lease, has been cultivated as a 
 market garden prior to the commencement of the Act.
 
 ( 83 ) 
 
 THE AGRICULTURAL HOLDINGS 
 ACT, 1900. 
 
 (63 & 64 Yict. c. 50.) 
 
 An Act to Amend the Law relating to Agricultural § 1- 
 Holdings. [8th August, 1900.] 
 
 Be it enacted by the Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, 
 as follows : — 
 
 1. — (l.) 1 "Where a tenant has made on his holding any Right of 
 improvement comprised in the First Schedide to this compe nsa- 
 Act he shall, subject as in the Agricultural Holdings * ion ^ e _ 
 (England) Act, 1883 (in this Act referred to as the me nts. 
 principal Act), and in this Act mentioned, be entitled, 
 at the determination of a tenancy, 2 on quitting his 
 holding 3 to obtain from the landlord 4 as compensation 
 under the said Acts for the improvement such sum as 
 fairly represents the value of the improvement to an in- 
 coming tenant. 5 Provided always, that in estimating 
 the value of any such improvement there shall not be 
 taken into account, as part of the improvement made by 
 the tenant, what is justly due to the inherent capabilities 
 of the soil. 
 
 (2.) References in the principal Act to the First 
 Schedide to that Act shall be construed as references to 
 the First Schedide to this Act. 
 
 g 2
 
 84 
 
 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 § 1. (3.) In the ascertainment of the amount of the com- 
 
 pensation payable to a tenant under the principal Act 
 or this Act, there shall be taken into account any benefit 
 which the landlord has given or allowed to the tenant in 
 consideration of the tenant executing the improvement. 7 
 (4.) In the ascertainment of the amount of the com- 
 pensation payable to a tenant in respect of manures as 
 denned by this Act, 8 there shall be taken into account 
 the value of the manure required by the contract of 
 tenancy or by custom to be returned to the holding in 
 respect of any crops sold off or removed from the hold- 
 ing within the last two years of the tenancy or other 
 less time for which the tenancy has endured, not ex- 
 ceeding the value of the manure which would have been 
 produced by the consumption on the holding of the 
 crops so sold off or removed. 9 
 
 (5.) Nothing in this section shall prejudice the right 
 of a tenant to claim any compensation to which he may 
 be entitled under custom, agreement, or otherwise, in 
 lieu of any compensation provided by this section. 10 
 
 Deter- 
 mination 
 of a 
 tenancy. 
 
 Dis- 
 claimer. 
 
 (!) This sub-section replaces sect. 1 of the Agricultural Hold- 
 ings Act, 1883, and is in almost identical terms therewith. 
 
 ('-) "Determination of a tenancy" is interpreted in sect. 61 
 of the Agricultural Holdings Act, 1883, as meaning the cesser 
 of a contract of tenancy by effluxion of time (as in the case of a 
 lease for a term) or from any other cause (as by notice to quit, 
 surrender, forfeiture, or re-entry for breach of covenant, &c). 
 
 A tenancy from year to year is not determined by the death 
 of the tenant, but vests in his personal representatives : Doe d. 
 Shaw v. Porter (3 T. R. 13) ; James v. Dean (11 Ves. 391). 
 
 A tenancy from year to year, implied under an agreement for 
 a lease or a void lease, determines at the end of the term without 
 notice: Doe d. Tilt v. Stratton (1 Bing. 446); see also Walsh v. 
 Lonsdale (52 L. J. Ch. 2 ; 21 Ch. D. 9). 
 
 H a trustee in bankruptcy disclaims a lease vested in the 
 bankrupt, "the disclaimer shall operate to determine, as from 
 tho date of disclaimer, the rights, interests, and liabilities of 
 the bankrupt and his property in or in respect of the property
 
 COMPENSATION. 85 
 
 disclaimed": Bankruptcy Act, 1S83 (40 & 47 Vict. c. 52), § 1. 
 sect. 55, sub-s. 2. 
 
 The effect, however, of the disclaimer, when executed, is that 
 neither the lessor nor the trustee can claim the benefit of any 
 provisions contained in the lease which were to come into opera- 
 tion at the expiration or sooner determination of the term (Ex 
 parte Sir W. Hart Dyke, In re Morrish (52 L. J. Ch. 570; 
 22 Ch. D. 410) ), and the trustee who disclaims cannot claim 
 compensation under the Act : Schofield v. Hincks (58 L. J. Q. B. 
 147 ; GO L. T. Eep. 573). 
 
 A lease may be determined by a proviso for forfeiture on For- 
 breach of covenant, or on the happening of some event, such as ±elture * 
 the bankruptcy of the lessee ; but it is to be remembered that 
 the Conveyancing Act, 1881, s. 14, makes it necessary in most 
 cases to serve a notice requiring the lessee to remedy the breach 
 complained of, and to make compensation for the breach before 
 the right of re-entry can be enforced. That section does not 
 extend to a covenant or condition against assigning, under- 
 letting, or parting with the possession of the land leased, or (in 
 the case of a lease of agricultural land) to a condition for for- 
 feiture on the bankruptcy of the lessee or on the taking in 
 execution of his interest. 
 
 It is doubtful, in the case of a lease containing a proviso for 
 re-entry on breach of covenant (but not making the lease ipso 
 facto void on that event), whether the mere commencement of 
 an action by the lessor to recover possession of the property for 
 breach of covenant will, without actual entry, operate to deter- 
 mine the lease : Ex yarte Sir W. Hart Dyke, In re Morrish (52 
 L.J. Ch. 570; 22 Ch. D. 410). 
 
 "Where there was a lease for twenty-one years, with a proviso 
 that the lease might be determined by the lessee at the end of 
 seven or fourteen years, and it was agreed that the landlord 
 should pay the tenant compensation for seeds, gooseberry and 
 currant bushes, &c, "at the end of the term," the Court held 
 that the tenant was entitled to compensation, although he 
 determined it at the end of fourteen years : Bevan v. Chambers 
 (14 Times L. E. 417). 
 
 A tenancy may also be determined by the lessee's repudiation Repudia- 
 of the landlord's title. In such a case a notice to quit is not £*"V? Q e 
 required to determine a tenancy from year to year. In Vivian ^ t \ e- 
 v. Moat (50 L. J. Ch. 331 ; 16 Ch. D. 730), the defendants dis- 
 puted the plaintiff's alleged right to raise their rent, but were 
 willing and offered to pay what was due in respect of a customary
 
 86 
 
 AGKICULTURAL HOLDINGS ACT, 1900. 
 
 §1- 
 
 rent-charge. It was held that this was a repudiation of the 
 relation of landlord and tenant between them, and that the 
 plaintiffs, on proving their title, were entitled to eject without 
 proving a valid notice to quit. 
 Surrender. A surrender is another mode of determining a tenancy. Every 
 surrender by act of the parties must be in writing, and, if the 
 term be for more than three years, it must be by deed : Eeal 
 Property Amendment Act, 1845 (8 & 9 Vict. c. 106), s. 3. 
 
 A surrender may also take place by act and operation of law, 
 as by the acceptance of a new lease by the tenant, or by a 
 mutual agreement between landlord and tenant, followed by the 
 granting of a new lease to a stranger with the assent of the 
 lessee: Nickells v. Atherstone (16 L.J. Q. B. 371; 10 Q. B. 
 944). See Woodfall's Landlord and Tenant (16th ed.), p. 316. 
 
 In Whittalcer v. Barker (1 C. & M. 113), a tenant under an 
 agreement for a lease for fourteen years was to receive compen- 
 sation on quitting his farm, according to a valuation to be then 
 made, for the tillages and improvements he might leave on the 
 farm. On account of some dispute the tenant said he would 
 quit at the end of the year, and the landlord said he might. 
 He did so, and the farm was let to another. The Court held 
 that such a quitting was not a quitting under the terms of the 
 tenancy, but in reality a running away, and the landlord was 
 entitled to possession without making any compensation for 
 tillages and improvements. 
 
 At what 
 time the 
 tenant is 
 
 tion. 
 
 ( 3 ) The tenant " must quit his holding " before he can obtain 
 compensation. The " sitting tenant," as he is called, whose 
 entftled°to rent is raised is not so entitled, though, as the landlord must 
 compensa- legally give the tenant whose rent he intends to raise the notice 
 to which he would be entitled for the determination of his 
 tenancy, it is in the tenant's power either to give up his holding, 
 receiving the compensation to which he is entitled, or to elect to 
 continue at the new rent. A tenant who remains in his holding, 
 and submits to a change of the terms under which he holds, will 
 not thereby lose his right to compensation on finally quitting the 
 holding in respect of improvements made by him during the 
 earlier tenancy. See sect. 58 of Agricultural Holdings Act, 
 1883. 
 
 In cases where, by the custom of the country or the terms of 
 the letting, the tenant is not bound to deliver up possession of 
 the whole of his holding at the same time, but retains part 
 temporarily, the result of the authorities and of sect. 2, sub-s. 2 
 [nost, p. 90), seems to be that the tenancy will bo taken to
 
 COMPENSATION. 87 
 
 have determined in respect of each part of the holding when R 1, 
 
 the tenant actually gives up possession. He 'will therefore be 
 
 entitled to compensation for any improvement effected "on 
 quitting" that parcel of the whole holding upon which the 
 improvement was executed: sec Blctck v. Clay ((1894) A. C. 
 368); Morley v. Carter (66 L. J. Q. B. 843; (1898) 1 Q. B. 8); 
 Re Paul, Ex parte Earl of Portarlington (59 L. J. Q. B. 30; 24 
 Q. B. D. 247). 
 
 ( 4 ) Where the landlord is himself a leaseholder, the question Case 
 arises whether, under the words of this section, he can, on the """here the 
 expiration of his lease, recover from his own superior landlord hi mse ]f a 
 compensation in respect of money paid under the Act to the lease- 
 tenant who has been in actual occupation. It would seem not, bolder, 
 for the intermediate landlord can scarcely be said to have 
 
 " made" the improvement. 
 
 ( 5 ) The compensation payable is to be ascertained by esti- Value of 
 mating "the value of the improvement" to an incoming tenant, the im- 
 not by the cost incurred in effecting it, with a proportionate ^ T T*T~ 
 deduction for each year while the tenancy lasts, which was the 
 method of valuation under the Agricultural Holdings Act, 
 
 1875. The " value to an incoming tenant" may differ very much 
 from the value arrived at by the ascertainment of the cost 
 incurred, for though the latter may have been great, the 
 present value may be very small, or vice versa. It is believed, 
 however, that on account of the difficulty in ascertaining the 
 value in this way, valuers very commonly (though wrongly) 
 award compensation on the basis of cost, which is undoubtedly 
 the easiest method of valuation, and has, in fact, been adopted by 
 many Chambers of Agriculture in their scales of compensation. 
 
 ( 6 ) The proviso as to the "inherent capabilities of the soil" "Inherent 
 
 has been the subject of considerable difference of opinion. The c . a P aD1 'i- 
 
 ties ot the 
 proviso was in the Agricultural Holdings Act, 1883, but the soil." 
 
 Royal Commission, in the final report of the majority, recom- 
 mended as follows : " "We see no objection to the removal from 
 sect. 1 of the proviso recognizing the inherent capabilities of the 
 soil, a term which appears to be obnoxious to many, as we are 
 confident that referees, in estimating the tenant's interest in the 
 value of an improvement, will take into consideration the 
 character of the soil, its natural fertility and capabilities, 
 without any instruction by statute." 
 
 In consequence of this recommendation, the Bill, as pre- 
 sented to the House of Commons, omitted this proviso, and 
 it was passed by the Lower House in that form. The proviso
 
 88 
 
 AGRICULTUEAL HOLDINGS ACT, 1900. 
 
 §1- 
 
 Troper 
 method of 
 valuation. 
 
 "Man- 
 ures." 
 
 Reduction 
 of compen- 
 sation by 
 
 was, however, restored by the House of Lords and finally 
 accepted by the Commons, the ground for its restoration being 
 that its being expressly omitted after having been a part of the 
 Agricultural Holdings Act, 1883, might lead to misconception 
 on the part of valuers, and to their making the landlord pay for 
 what was in fact part of the natural virtue of his own land. The 
 phrase " inherent capabilities of the soil" is not, it is submitted, 
 very clear. In one sense, the value of any agricultural im- 
 provement is wholly attributable to the ' ' inherent capabilities 
 of the soil." For instance, " claying of land" is of value only 
 in certain soils, and its worth might be said to be due to the 
 "inherent capabilities of the 6oil." The whole value of 
 drainage certainly, in one ' sense, depends upon ' ' the inherent 
 capabilities of the soil." It is clear, however, that it is not 
 intended to make the Act a nullity by reading the proviso in 
 this way. It is submitted that the proper way of valuing any 
 improvement, having regard to this proviso, is not by taking 
 the cost to the tenant who makes it (as is frequently done), but 
 by ascertaining (1) the letting value of the land without the 
 improvement and having regard to the possibility of the im- 
 provement being made thereon : (2) (a) the capital sum, or 
 (b) the extra rent which it would reasonably be worth the 
 while of an incoming tenant to pay in consideration of having 
 the benefit of the improvement as it stands on the determination 
 of the previous tenancy. The sum payable by the landlord for 
 the improvement will be either (a), or (b) capitalized at so many 
 years' purchase as will accord with the ordinary selling value 
 of agricultural land in the district, subject in either case to any 
 deduction necessary under sub-sect. 3. In order to find out (a), 
 it may be helpful to ascertain the cost of the improvement, but 
 it by no means follows that it will be equal to that, for the real 
 value of any improvement may be either greater or very much 
 less than its cost. 
 
 ( 7 ) This sub-section provides for cases, amongst others, where 
 the landlord may, in consideration of the exocution of an im- 
 provement by the tenant, have allowed him to hold his farm at 
 a rent below its real value. 
 
 ( 8 ) "Manures" are defined by sect. 9 as referring to the 
 improvements numbered 23, 24, and 25 in Part III. of the 
 1st Schedule, and include both chemical and animal manures. 
 
 ( 9 ) The word "crops" in this somewhat obscure sub-section 
 is substituted for the words "hay, straw, roots, or green crops," 
 used in sect. 6 of the Agricultural Holdings Act, 1883, which
 
 COMPENSATION. 89 
 
 provided that there should be "taken into account in reduction" § 1. 
 of the compensation payable to the tenant "the manure that — - " 
 ■would have been produced by the consumption on the holding cr0 p 8- 
 of any hay, straw, roots, or green crops sold off or removed 
 from the holding within the last two years of the tenancy." 
 It is presumed that "taken into account" in this sub-section 
 means "taken into account in reduction of the tenant's claim" 
 or "as a set-off against it," though it is not expressly so stated. 
 It is also presumed that "the value of the manure required, 
 &c," is not to be taken into account in reduction unless such 
 value has not in fact been returned to the holding, though this 
 is not expressly so stated. The present clause is less favourable 
 to the landlord than the corresponding clause in the Agricultural 
 Holdings Act, 1883, as it does not allow a reduction in respect 
 of "crops" (which no doubt includes hay, straw, &c.) sold or 
 removed, unless the contract of tenancy or custom requires a 
 return of manure to be made in respect thereof. The former 
 clause applied whether or not the contract or custom prevented 
 the sale or removal without the return of equivalent manure. 
 In any case, the amount taken into account is not now to exceed 
 the actual value of the manure which would have been produced 
 by consumption on the holding of the crops sold or removed ; so 
 that where a lease or tenancy agreement provides, as is some- 
 times the case, for the return of manure in excess of the manurial 
 value of the crops sold off, with a view of penalizing and so 
 preventing any sale or removal, such excess will not be 
 taken into account under this section, though it will be open to 
 the landlord to seek to recover it by action outside the Act or, 
 it would seem, by a claim as for breach of contract under sect. 2, 
 sub-s. 3. 
 
 If the lease or tenancy agreement or the custom of the country 
 simply prohibits the sale or removal of hay or straw without 
 providing for a return of manure, and the tenant sells or removes 
 in breach of his agreement, this sub-section is inapplicable, but 
 the landlord can either sue for damages or claim against the 
 tenant under sect. 2, sub-s. 3, and require the arbitration to 
 extend to such claim. 
 
 ( 10 ) This sub- section effects a very important alteration. By Claim may 
 sect, 57 of the Agricultural Holdings Act, 1883, a claim under b ^ c "^ de 
 the custom of the country was excluded in respect of any im- custom) 
 provement to which the Act applied, and there was no option &c. 
 to the tenant of claiming except under the Act, although the 
 custom might have been more advantageous to him. He might,
 
 90 
 
 AGRICULTUEAL HOLDINGS ACT, 1900. 
 
 Settlement 
 of differ- 
 ences by 
 arbitra- 
 tion. 
 
 88 1 2. however, have claimed under an agreement altogether outside 
 
 — - the Act : Newly v. Eckeraley (68 L. J. Q. B. 261; (1899) 1 Q. B. 
 
 465); Be Pearson and F Anson (68 L. J. Q. B. 878; (1899) 2 
 Q. B. 618). Now the tenant can claim (a) under the Act ; 
 (b) under the custom of the country ; (c) under agreement ; or 
 (d) otherwise. These various methods of obtaining compensa- 
 tion are, no doubt, mutually exclusive as to any particular 
 improvement, but may be made use of side by side as regards 
 different improvements. 
 
 For the law as to customs of the country, see Dixon, pp. 520 
 et seq., and for a statement of the customs prevailing in different 
 counties, see pp. 620 et seq. As a rule, the custom of the country 
 does not provide compensation for "improvements" except in 
 respect of purchased or artificial manures applied in growing a 
 root or other fallow crop. 
 
 2. — (1.) If a tenant claims to be entitled to com- 
 pensation, whether under the principal Act or this Act, 
 or under custom, agreement, or otherwise, in respect of 
 any improvement comprised in the First Schedule to 
 this Act, and if the landlord and tenant fail to agree as 
 to the amount and time and mode of payment of such 
 compensation, the difference shall be settled by arbitra- 
 tion in accordance with the provisions, if any, in that 
 behalf in any agreement betweeen landlord and tenant, 
 and in default of and subject to any such provisions by 
 arbitration under this Act in accordance with the pro- 
 visions set out in the Second Schedule to this Act. 1 
 
 (2.) Any claim by a tenant for compensation under 
 the principal Act or this Act in respect of any improve- 
 ment comprised in the First Schedule to this Act shall 
 not be made after the determination of the tenancy. 
 Provided that where the claim relates to an improve- 
 ment executed after the determination of the tenancy, 
 but while the tenant lawfully remains in occupation 
 of part of the holding, the claim may be made at any- 
 time before the tenant quits that part. 2 
 
 (3.) 3 Where any claim by a tenant for compensation 
 in respect of any improvement comprised in the First 
 Schedule to this Act is referred to arbitration, and any
 
 ARBITRATION. 91 
 
 sum is claimed to be due to the tenant from the landlord § 2. 
 in respect of any breach of contract or otherwise in 
 respect of the holding', 4 or to the landlord froin the 
 tenant in respect of any waste wrongfully committed or 
 permitted by the tenant, 5 or in respect of breach of 
 contract or otherwise in respect of the holding, the 
 party claiming such sum may, if he thinks fit, by 
 written notice to the other party given by registered 
 letter or otherwise not later than seven days after the 
 appointment of the arbitrator or arbitrators, require 
 that the arbitration shall extend to the determination of 
 the further claim, and thereupon the provisions of this 
 section with respect to arbitration shall apply accord- 
 ingly, and any sum awarded to be paid by a landlord 
 or tenant shall be recoverable in manner provided by 
 the principal Act for the recovery of compensation." 
 
 (4.) Where any claim which is referred to arbitration 
 relates to an improvement executed or matter arising 
 after the determination of the tenancy, but while the 
 tenant lawfully remains in occupation of part of the 
 holding, the arbitrator may, if he thinks fit, make a 
 separate award in respect of such claim. 
 
 (5.) An arbitration shall, unless the parties otherwise 
 agree, be before a single arbitrator. 8 
 
 (6.) If in any arbitration under this Act the arbitrator 
 states a case for the opinion of the County Court on 
 any question of law, the opinion of the Court on any 
 question so stated shall be final, unless within the time 
 and in accordance with the conditions prescribed by 
 rules of the Supreme Court either party appeals to the 
 Court of Appeal, fi-om whose decision no appeal shall 
 lie. 9 
 
 (7.) Any person who wilfully and corruptly gives 
 false evidence before an arbitrator or umpire in any 
 arbitration under this Act shall be guilty of perjury, 
 and may be dealt with, prosecuted, and punished 
 accordingly.
 
 92 
 
 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 §2- 
 
 52 & 53 
 Vict. c. 49. 
 
 Reference 
 to arbitra- 
 tion. 
 
 Notice of 
 claim. 
 
 (8.) Subject to an j provision contained in any agree- 
 ment between landlord and tenant the Arbitration Act, 
 1889, shall not apply to any arbitration to which this 
 Act applies. 10 
 
 (') The provisions contained in the Agricultural Holdings 
 Act, 1883, ss. 9 — 16, for the reference of claims to compensation 
 to the decision of two referees and an umpire, are repealed ; and 
 this sub-section provides that in default of agreement between 
 the landlord and tenant such claims, whether arising under the 
 Act, custom, agreement, or otherwise, shall be settled by arbi- 
 tration in manner agreed upon between the landlord and tenant 
 (by the lease or tenancy agreement or otherwise), or, in the absence 
 of any such agreement, in accordance with the provisions in the 
 2nd Schedule, under which the arbitration will be before a 
 single arbitrator, unless the parties agree in writing that there 
 be not a single arbitrator. See Schedule 2, post, p. 102. 
 
 A claim for compensation must be settled by agreement 
 between the parties or referred to arbitration, and cannot be the 
 subject of a counter-claim in an action : Gas Light and Coke Co. 
 v. Holloivay (52 L. T. 434); Schofield v. Hinchs (58 L. J. Q. B. 
 147). 
 
 ( 2 ) Under the Agricultural Holdings Act, 1883, s. 7, a tenant 
 claiming compensation was obliged to give notice in writing to 
 the landlord at least two months before ' ' the determination of 
 the tenancy," which was held to mean its determination as an 
 agricultural tenancy, although the buildings might be retained 
 until a later date : Morley v. Carter (66 L. J. Q. B. 843 ; (1898) 
 1 Q. B. 8). If a substantial part of the farm was retained under 
 custom or stipulation in the lease after some part had been 
 given up, the notice in respect of the part retained might have 
 been given two months before it was given up: Re Paul (59 
 L. J. Q. B. 30 ; 24 Q. B. D. 247) ; Black v. Clay ( (1894) A. C. 368). 
 Now it is only required that the claim shall be made not after 
 the determination of the tenancy, or in case of an improvement 
 executed after the determination of the tenancy (presumably on 
 the part of the holding of which the tenant lawfully remains in 
 occupation under custom or by agreement), then before the 
 tenant quits the part so occupied. It is not required that the 
 claim shall be made in writing or in any particular form, as was 
 the case under the Agricultural Holdings Act, 18S3, but it 
 would scarcely be prudent to make it otherwise than in wu-iting 
 to the landlord and with some general particulars as to tho
 
 ARBITRATION. 93 
 
 nature of the claim. Notices under the Act may be sent by R 2. 
 
 post. See Agricultural Iloldings Act, 1883, s. 28. 
 
 See Form 17. 
 
 ( 3 ) Sub-sect. 3 -will have an important effect in enabling the Inclusion 
 
 arbitrator to settle all differences between the parties. It ° " r 
 
 ..,.,, dmerences 
 empowers the tenant, by written notice given by registered j n arbitra- 
 
 letter to the landlord not later than seven days after the ap- tion. 
 
 pointment of an arbitrator, to require the arbitrator, in addition 
 
 to any claim for compensation, to deal with further claims by the 
 
 tenant against the landlord for breach of contract or otherwise 
 
 in respect of the holding. The landlord may within the same 
 
 time, by notice to the tenant, require the arbitrator to deal with 
 
 claims by him against the tenant for waste or in respect of 
 
 breach of contract or otherwise. If such notice be given, the 
 
 award dealing with the additional claim so made on either side 
 
 will not be bad on the ground that it includes other matters 
 
 besides compensation under the Act, as it would have been 
 
 under the Agricultural Holdings Act, 18S3, if it so included 
 
 other matters : Farquharson v. Morgan (63 L. J. Q. B. 474 ; (1894) 
 
 1 Q. B. 552). That case, however, show's that an award even under 
 
 the present Act will be bad which includes matters other than 
 
 compensation in respect of which notice has not been given 
 
 under this sub-section. In a notice of claim under this section 
 
 it does not appear necessary to state the amounts claimed. 
 
 See Forms 18 and 19. 
 
 ( 4 ) A claim for breach of an agreement by the landlord to put Claims by 
 or keep the buildings in repair or for quiet enjoyment by the tenant, 
 tenant are examples of possible claims by the tenant for breach 
 
 of contract. The landlord, it must, however, be remembered, 
 is not bound, in the absence of express agreement, to put or 
 keep any part of the demised property in repair. Under the 
 expression "or otherwise" the arbitration may extend to a 
 claim by the tenant for acts of husbandry, tillages, unconsumed 
 hay, straw, &c, for which the landlord may be liable to an out- 
 going tenant by custom. 
 
 ( 5 ) Waste is either voluntary or permissive. Voluntary waste Waste, 
 includes such matters as felling timber trees, opening mines or 
 quarries, ploughing up permanent pasture, destroying buildings, 
 
 or othei'wise changing the nature of the property. 
 
 Permissive waste consists of neglect whereby the property is 
 deteriorated, as by failure to keep in repair. 
 
 A tenant from year to year is not liable for permissive waste : 
 Torriano v. Young (6 C. & P. 8). Whether or not a tenant for
 
 94 
 
 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 §§ 2, 3. 
 
 Breaches 
 of contract 
 by tenant. 
 
 Arbitra- 
 tion to be 
 before a 
 single 
 arbitrator. 
 
 Arbitra- 
 tion Act, 
 1889. 
 
 Land 
 charges. 
 
 years is so liable in the absence of express agreement is not 
 clear on the authorities. In Davies v. Davies (57 L. J. Ch. 1093; 
 38 Ch. D. 499), Kekewich, J., held a tenant for years to be 
 so liable, but Barnes v. Dowling (44 L. T. 809) is to the opposite 
 effect. See also Re Gartwright, Avis v. Newman (58 L. J. Ch. 
 590 ; 41 Ch. D. 532). 
 
 Leaving the land uncultivated is not waste at common law : 
 Button v. Warren (1 M. & "W. 466); but the law will imply a 
 promise on the tenant's part to cultivate his farm in a husband- 
 like manner and according to the custom of the country. See 
 Brown v. Crump (1 Marsh. 567). 
 
 ( 6 ) Breaches of contract in the lease or tenancy agreement for 
 which the tenant may be liable may include such matters as not 
 keeping up the fences, failure to cultivate properly, or to repair, 
 or selling hay or straw, &c, where there is no provision for the 
 return of a manurial equivalent. 
 
 ( 7 ) The recovery of compensation is provided for by sect. 24 
 of the Agricultural Holdings Act, 1883. See ante, p. 30. 
 
 ( 8 ) Unless both parties agree otherwise, the arbitration is 
 necessarily before a single arbitrator to be appointed by agree- 
 ment between the parties, or, if no agreement can be come 
 to, by the Board of Agriculture. Any agreement that the 
 arbitration should not be before a single arbitrator must be 
 in writing. See the 2nd Schedule, Part II. Rule 1, and Forms 
 21, 22, and 23. 
 
 ( 9 ) See Ord. XLa. r. 3 of the County Court Rules (November), 
 1900, and Forms 311b, 311c, and 311d (post, pp. 143, 150), for 
 the procedure on the statement of a case. The procedure on 
 appeal to the Court of Appeal will be similar to that in appeals 
 under the "Workmen's Compensation Act, 1897. See Rules of 
 the Supreme Court, Ord. LVIII. r. 20. 
 
 ( 10 ) If it is desired, instead of proceeding under the 2nd 
 Schedule to this Act, to make use of the Arbitration Act, 
 1889, which gives power to summon witnesses by subpoena and 
 enables the High Court of Justice to control the award, a 
 special agreement should be made. See Form 22, post, p. 136. 
 
 3. — (1.) The powers of the County Court under the 
 principal Act with respect to charges shall be exercised 
 by the Board of Agriculture, and accordingly the Board 
 of Agriculture shall be substituted for the County Court 
 in sections twenty-nine, thirty, thirty-one, thirty -two, 
 and thirty-nine of that Act.
 
 LAND CHARGES. y ^> 
 
 (2.) Where a charge may be made under the principal §§ 3, 4, 
 Act or this Act for compensation, the person making the 5 - 
 award shall, at the request and cost of the party entitled 
 to obtain the charge, certify the amount to he charged 
 and the term for which the charge may properly be 
 made, having regard to the time at which each improve- 
 ment in respect of Avhich compensation is awarded is to 
 be deemed to be exhausted. 1 
 
 (3.) Sections twenty-nine, thirty, and thirty-one of 
 the principal Act shall apply to any money paid by or 
 due from a landlord to a tenant as compensation for any 
 improvement comprised in the First Schedule to this 
 Act, whether the compensation be claimed under this 
 Act or under custom or agreement or otherwise. 
 
 (4.) A charge made by the Board of Agriculture 
 pursuant to this section shall be a land charge within 
 the meaning of the Land Charges Eegistration and 51 & 52 
 Searches Act, 1888, and may be registered accordingly. 2 
 This sub-section shall not apply to Scotland. 
 
 (!) Under sect. 29 of the Agricultural Holdings Act, 1883, Time of 
 where the landlord is not absolute owner of the holding for his ^.^of " 
 own benefit, no instalment of, or interest in, any charge is to be improve- 
 made payable after the time when the improvement in respect ment. 
 of which the charge is made is to be deemed to be exhausted. 
 That time is by this section to be fixed by the person making 
 the award. 
 
 ( 2 ) As to the registration of land charges, see ante, p. 35. 
 
 4. The provisions of section thirty-four of the prin- Fixtures 
 cipal Act shall apply to a fixture or building acquired j^ g8 
 by a tenant in like manner as they apply to a fixture or 
 building affixed or erected by a tenant. 1 
 
 0) See sect. 34 of Agricultural Holdings Act, 1883, ante, p. 40. 
 
 5. The landlord of a holding or any person authorized Power of 
 by him may at all reasonable times enter on the holding, en TJ ' 
 or any part of it, for the purpose of viewing the state of 
 
 the holding. 1
 
 96 
 
 AGKICULTURAL HOLDINGS ACT, 1900. 
 
 §§ 5, 6. ( x ) Apart from this section, unless an express right of entry is 
 reserved, a landlord has no right to enter his tenant's premises 
 to repair, or for any other purpose. If he does so, he is a 
 trespasser. See WoodfaU, L. & T. (16th ed.), p. 639. 
 
 Penal 
 rents and 
 liquidated 
 damages. 
 
 Penalties 
 to secure 
 perform- 
 ance of 
 contracts. 
 
 6. Notwithstanding any provision in a contract of 
 tenancy making the tenant liable to pay a higher rent 
 or other liquidated damages in the event of any breach 
 or non-fulfilment of a covenant or condition, a landlord 
 shall not be entitled to recover, by distress or otherwise, 
 any sum in consequence of any breach or non-fulfilment 
 of any such covenant or condition in excess of the damage 
 actually suffered by him in consequence of the breach or 
 non-fulfilment. Provided that this section shall not 
 apply to any covenant or condition against breaking up 
 permanent pasture, grubbing underwoods, or felling, 
 cutting, lopping, or injuring trees, or regulating the 
 burning of heather. 1 
 
 (^ According to the long-established doctrine of equity, 
 wherever a penalty is inserted merely to secure the per- 
 formance of some act, or the enjoyment of some right or benefit, 
 the performance of such act or the enjoyment of such right or 
 benefit is considered the substantial and principal intent of the 
 instrument, and the penalty only accessory. In such cases, 
 therefore, the Court relieves against the penalty and decrees 
 compensation in lieu thereof proportionate to the damage 
 actually sustained: Sloman v. Walter (1 Bro. C. C. 418 ; 2 Wh. 
 & Tu. L. C. 257). Where, however, a sum is agreed upon by 
 the parties as liquidated damages or the price to be paid for 
 doing or refraining from doing a certain act, the Court will not 
 interfere. In Rolfe v. Peterson (2 Bro. P. C. 436), the lessee 
 covenanted not to plough up any of the ancient meadow or 
 pasture ground, and if he did to pay an additional rent of bl. 
 per acre. Lord Camden looked upon the additional rent as a 
 penalty, and decreed that the tenant should be relieved, and 
 directed an issue to ascertain the actual damage suffered, but 
 the House of Lords overruled the decree. In Jones v. Green 
 (3 Y. & J. 298), Alexander, C. B., says : " Since the case of Rolfe, 
 v. Peterson it has always been understood in all cases between 
 the landlord and tenant, whether the term used has been
 
 COMPENSATION. 97 
 
 'penalty' or ' liquidated' damages, or 'additional rent,' or any 88 6, 7, 
 other similar expression, that it should not be considered as a 8, 9. 
 penalty in order to protect the defendant from answering, but 
 as stipulated damages or additional rent." See Dixon, p. 513. 
 
 The result of this section is to alter the law so as to allow the 
 actual damage only, and not the "higher rent or other liqui- 
 dated damages " to be recovered, except in relation to covenants 
 or conditions against breaking up permanent pasture, grubbing 
 underwoods, or felling, cutting, lopping, or injuring trees, or 
 regulating the burning of heather, in which cases the law will 
 remain as it was before. As penal or additional rents are not 
 coniruonly reserved, except in these cases, the effect of this 
 section is likely to be insignificant. 
 
 The section would appear to apply to a contract of tenancy, 
 whether made before or after the Act. 
 
 7. The compensation in respect of an improvement Improve- 
 niade before this Act comes into operation shall be such ™ e e n uu 9 ted 
 (if any) as could have been claimed if this Act had not before Act 
 been passed, but shall be ascertained in the manner operation, 
 provided by this Act. 1 
 
 ( J ) It is submitted, though with some hesitation, that "the 
 manner" of ascertaining the compensation covers all matters of 
 mere procedure under the Acts, and that in respect of improve- 
 ments made before the commencement of this Act, but claimed 
 for afterwards, it will not be necessary to give notice in accord- 
 ance with sect. 7 of the Act of 1883. The question is, however, 
 by no means clear, and it will be safer in any such case to 
 comply strictly with sect. 7, if possible. See Smith v. Acock 
 (53 L. T. 230). 
 
 8. From and after the passing of this Act notice of Notice of 
 termination of tenancy under section twenty-eight of t f™of a ~ 
 the Agricultural Holdings (Scotland) Act, 1883, maybe tenancy, 
 given in the same manner as a notice of removal under yict. c. 62. 
 section six of the Removal Terms (Scotland) Act, 1886. *»„* J° 6Qi 
 
 9. — (1.) References to "manures" in the principal i nt erpre- 
 Act and this Act shall be construed as references to the t atlon - 
 improvements numbered twenty-three, twenty-four, and 
 twenty-five in Part III. of the First Schedule to this Act. 
 
 (2.) This Act shall be construed as one with the 
 principal Act. 
 
 s. ii
 
 98 AGEICULTURAL HOLDINGS ACT, 1900. 
 
 § 10. 10. In the application of this Act to Scotland — 
 
 A lica . (1.) Eeferences to the principal Act and to sections 
 
 tion to twenty-nine, thirty, thirty-two, and thirty- 
 
 four thereof shall be construed as references 
 to the Agricultural Holdings (Scotland) 
 46 & 47 Act, 1883, and to sections twenty-four, 
 
 Vlct,c - 62 ' twenty-six, twenty-five, and thirty thereof 
 
 respectively. References to sections thirty- 
 one and thirty-nine of the principal Act 
 shall not apply. 
 
 (2.) A reference to the Arbitration Act, 1889, shall 
 57 & 58 be construed as a reference to the Arbitration 
 
 (Scotland) Act, 1894, and a reference to the 
 
 Market Gardeners' Compensation Act, 1895, 
 
 shall be construed as a reference to the 
 
 v- & 61 oq Market Gardeners' Compensation (Scotland) 
 
 Act, 1897 : 
 
 (3.) The expression " either Division of the Court 
 of Session" shall be substituted for "Court 
 of Appeal," " sheriff " for " county court" 
 or " judge of a county court," " auditor of 
 the sheriff court " for " registrar of the 
 county court," " Act of Sederunt " for 
 " Rules of the Supreme Court," " arbiter " 
 and " arbiters ' for " arbitrator ' and 
 " arbitrators," " oversman " for " umpire," 
 "deterioration" for "waste" and "ex- 
 penses " for " costs " : 
 
 (4.) Any award or agreement as to compensation, 
 and any other award under this Act, may 
 be competently recorded for execution in 
 the books of council and session or sheriff 
 court books, and shall be enforceable in like 
 manner as a recorded decree arbitral. 
 
 (5.) Where any jurisdiction committed by the 
 principal Act or this Act to the sheriff is
 
 COMMENCEMENT AND CITATION. 
 
 99 
 
 exercised by the sheriff-substitute there §§11,12, 
 shall be no appeal to the sheriff. 1<j , _ 
 
 11. This Act shall not extend to Ireland. Extent of 
 
 12. The enactments specified in the Third Schedule R e p ' eaL 
 to this Act are hereby repealed to the extent mentioned 
 
 in the third column of that schedule. 
 
 13. This Act shall come into operation on the first Com- 
 
 1-1111 mence- 
 
 day of January one thousand nine hundred and one. m ent of 
 
 14. — (1.) This Act may be cited as the Agricidtural Act - 
 Holdings Act, 1900. titles. 
 
 (2.) The Agricultural Holdings (England) Act, 1883, 53 & 54^ 
 the Tenants Compensation Act, 1890, the Market 58 JC &59 
 Gardeners' Compensation Act, 1895, and this Act, may Vict. c. 27. 
 be cited together as the Agricultural Holdings (England) 
 Acts, 1883 to 1900. 
 
 (3.) The Agricultural Holdings (Scotland) Act, 1883, 
 the Market Gardeners' Compensation (Scotland) Act, 
 1897, and this Act may be cited together as the Agri- 
 cultural Holdings (Scotland) Acts, 1883 to 1900. 
 
 ii 2
 
 100 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 SCHEDULES. 
 
 Sch. I. FIRST SCHEDULE. 
 
 Sects. i, 2, pART j 
 
 Improvements to which consent of Landlord is required. 
 
 (1.) Erection, alteration, or enlargement of buildings. 
 
 (2.) Formation of silos. 
 
 (3.) Laying down of permanent pasture. 
 
 (4.) Making and planting of osier beds. 
 
 (5.) Making of water meadows or works of irrigation. 
 
 (6.) Making of gardens. 
 
 (7.) Making or improving of roads or bridges. 
 
 (8.) Making or improving of watercourses, ponds, 
 wells, or reservoirs, or of works for the application of 
 water power or for supply of water for agricultural or 
 domestic purposes. 
 
 (9.) Making or removal of permanent fences. 
 (10.) Planting of hops. 
 (11.) Planting of orchards or fruit bushes. 
 (12.) Protecting young fruit trees. 
 (13.) Reclaiming of waste land. 
 (14.) Warping or weiring of land. 
 (15.) Embankments and sluices against floods. 
 (16.) The erection of wirework in hop gardens. 
 
 [N.B. — This part is subject as to market gardens to the 
 provisions of Part III.'] 
 
 PART II. 
 
 Improvements in respect qftvhich notice to Landlord is 
 
 required. 
 (17.) Drainage.
 
 SCHEDULES. 
 
 PART III. 
 
 101 
 Sch. I. 
 
 Improvements in respect of which Consent of or Notice to 
 Landlord is not required. 
 
 (18.) Chalking of laud. 
 (19.) Clay-burning. 
 
 (20.) Claying of land or spreading blaes upon land. 
 
 (21.) Liming of land. 
 
 (22.) Marling of land. 
 
 (23.) Application to land of purchased artificial or 
 other purchased manure. 
 
 (24.) Consumption on the holding by cattle, sheep, 
 pigs, or by horses other than those regularly employed 
 on the holding, of corn, cake, or other feeding stuff not 
 produced on the holding. 
 
 (25.) Consumption on the holding by cattle, sheep, 
 or pigs, or by horses other than those regularly em- 
 ployed on the holding, of corn proved by satisfactory 
 evidence to have been produced and consumed on the 
 holding. 
 
 (26.) Laying down temporary pasture with clover, 
 grass, lucerne, sainfoin, or other seeds, sown more than 
 two years prior to the determination of the tenancy. 
 
 (27.) In the case of a holding as to which section three 58 & 59 
 of the Market Gardeners' Compensation Act, 1895, 
 applies — ■ 
 
 (i.) Planting of standard or other fruit trees perma- 
 nently set out ; 
 
 (ii.) Planting of fruit bushes permanently set out ; 
 
 (iii.) Planting of strawberry plants ; 
 
 (iv.) Planting of asparagus, rhubarb, and other vege- 
 table crops which continue productive for two 
 or more years ; 
 
 (v.) Erection or enlargement of buildings for the 
 purpose of the trade or business of a market 
 gardener.
 
 102 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 Sells. I., Items 12, 16, 25, 26 in the above schedule are altogether 
 "• new. To item 1 the word "alteration" has been added; to 
 item 9 the words "or removal" and " permanent " ; to item 14 
 " or weiring " ; to item 20 " or spreading blaes upon land" ; to 
 item 24 "or by horses other than those regularly employed on 
 the holding of corn." "Boning of land with undissolved bones," 
 being item 16 in the 1st Schedule to the Agricultural Holdings 
 Act, 1883, has been omitted. Item 27 has been taken from 
 the Market Gardeners' Compensation Act, 1897, with the addi- 
 tion of the words "rhubarb" and "which continue productive 
 for two or more years " to sub -head (iv). 
 
 It is to be observed that items 24 and 25 do not apply to 
 feeding stuffs or corn consumed by horses ' ' regularly employed 
 on the holding," which, it is presumed, excludes the ordinary 
 carting staff of the farm, but not presumably hunters or nag- 
 horses or breeding stock. 
 
 In order to substantiate a claim under item 25 ' ' satisfactory 
 evidence" must be produced, and it will be important that a 
 tenant who may propose to make such a claim should keep an 
 accurate record of corn produced on the holding and consumed 
 as mentioned. 
 
 The cost of clover and other " seeds " mentioned in item 26 
 is commonly given by the custom of the country to an outgoing 
 tenant, but the right to claim is generally limited to cases 
 where the sowing has taken place not more than one or two 
 years prior to the determination of the tenancy. 
 
 SECOND SCHEDULE. 
 
 Sect. 2. Rules as to Arbitration. 
 
 PART I. 
 
 ARBITRATION BEFORE A SlNGLE ARBITRATOR. 
 
 Appointment of Arbitrator. 
 
 1. A person agreed upon between the parties, or in 
 default of agreement nominated by the Board of Agri- 
 culture on the application in writing of either of the 
 parties, shall be appointed arbitrator. 
 
 2. If a person appointed arbitrator dies, or is in- 
 capable of acting, or for seven days after notice from
 
 SCHEDULES. 103 
 
 either party requiring him to act fails to act, a new Sch. II. 
 
 arbitrator may be appointed as if no arbitrator had been ' 
 appointed. 
 
 3. Neither party shall have power to revoke the 
 appointment of the arbitrator without the consent of the 
 other party. 
 
 4. Every appointment notice, revocation, and consent 
 under this part of these rides must be in writing. 
 
 Time for Award. 
 
 5. The arbitrator shall make and sign his award 
 within twenty-eight days of his appointment or within 
 such longer period as the Board of Agriculture may 
 (whether the time for making the award has expired or 
 not) direct. 
 
 Removal of Arbitrator. 
 
 6. Where an arbitrator has misconducted himself the 
 County Court may remove him (a) . 
 
 HJridcnce. 
 
 7. The parties to the arbitration, and all persons 
 claiming through them respectively, shall, subject to 
 any legal objection, submit to be examined by the 
 arbitrator, on oath or affirmation, in relation to the 
 matters in dispute, and shall, subject as aforesaid, 
 produce before the arbitrator all samples, books, deeds, 
 papers, accounts, writings, and documents, within their 
 possession or power respectively which may be required 
 or called for, and do all other things which during the 
 proceedings the arbitrator may require. 
 
 8. The arbitrator shall have power to administer 
 oaths, and to take the affirmation of parties and 
 witnesses appearing, and witnesses shall, if the arbitrator 
 thinks fit, be examined on oath or affirmation. 
 
 («) See County Court Rules (November), 1900, Ord. XLa, r. 4 
 (post, p. 145), and Forms 311e, 311f and !311a for procedure on an 
 application to remove an arbitrator.
 
 104 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 Sch. II. 
 
 Statement of Case. 
 
 9. The arbitrator may at any stage of the proceedings, 
 and shall, if so directed by the judge of a County Court 
 (which direction may be given on the application of 
 either party), state in the form of a special case for the 
 opinion of that Court any question of law arising in the 
 course of the arbitration [a) . 
 
 Award. 
 
 10. The arbitrator shall on the application of either 
 party specify the amount awarded in respect of any 
 particular improvement or improvements, and the award 
 shall fix a day not sooner than one month nor later than 
 two months after the delivery of the award for the 
 payment of the money awarded for compensation, costs, 
 or otherwise, and shall be in such form as may be 
 prescribed by the Board of Agriculture (b). 
 
 11. The award to be made by the arbitrator shall be 
 final and binding on the parties and the persons claiming 
 under them respectively. 
 
 12. The arbitrator may correct in an award any 
 clerical mistake or error arising from any accidental slip 
 or omission. 
 
 13. When an arbitrator has misconducted himself, or 
 an arbitration or award has been improperly procured, 
 the County Court may set the award aside (<•). 
 
 Costs. 
 
 14. The costs of and incidental to the arbitration and 
 award shall be in the discretion of the arbitrator, who 
 may direct to and by whom and in what manner these 
 costs or any part thereof are to be paid, and the costs 
 shall be subject to taxation by the registrar of the 
 County Court on the application of either party, but that 
 
 (a) See Ord. XLa, rr. 2 and 3 [post, p. 142), and Forms 311b, 
 311c and 311d. 
 
 (b) See the form of award prescribed by the Board of Agriculture 
 (post, p. 118). 
 
 (c) See Ord. XLa, r. 4 (post, p. 145), and Forms 311e, 311f and 
 311Q.
 
 SCHEDULES. 105 
 
 taxation shall be subject to review by the judge of the Sen. II. 
 County Court (a) . 
 
 15. The arbitrator shall, in awarding costs, take into 
 consideration the reasonableness or unreasonableness of 
 the claim of either party, either in respect of amount 
 or otherwise, and any unreasonable demand for par- 
 ticulars or refusal to supply particulars, and generally 
 all the circumstances of the case, and may disallow the 
 costs of any witness whom he considers to have been 
 called unnecessarily, and any other costs which he con- 
 siders to have been incurred unnecessarily. 
 
 Forms. 
 
 16. Any forms for j)roceedings in arbitrations under 
 this Act which may be prescribed by the Board of 
 Agriculture shall, if used, be sufficient (b). 
 
 PAET II. 
 
 Arbitration before two Arbitrators or an 
 
 Umpire. 
 
 Appointment of Arbitrators and Umpire. 
 
 1. If the parties agree in writing that there be not 
 a single arbitrator, each of them shall appoint an 
 arbitrator. 
 
 2. If before award one of two arbitrators dies or is 
 incapable of acting, or for seven days after notice from 
 either party requiring him to act fails to act, the party 
 aj^pointing him shall appoint another arbitrator. 
 
 3. Notice of every appointment of an arbitrator by 
 either party shall be given to the other party. 
 
 4. If for fourteen days after notice by one party to 
 the other to appoint an arbitrator, or another arbitrator, 
 the other party fails to do so, then, on the application 
 of the party giving notice, the Board of Agriculture 
 shall appoint a person to be an arbitrator. 
 
 (a) See order as to costs (post, p. 140), and Ord. XLa, rr. 5 and G 
 (post, p. 148). 
 
 (b) See the forms prescribed by the Board of Agriculture (post, 
 p. 122). See also General Forms 24 to 32 (po<<t, p. 137 ct seq,).
 
 10G AGRICULTURAL HOLDINGS ACT, 1900. 
 
 Sch. II. 5. Where two arbitrators are appointed, then (subject 
 " to tin 1 provisions of these rules) they shall, before they 
 enter on the arbitration, appoint an umpire. 
 
 6. If before award an umpire dies, or is incapable of 
 acting, or for seven days after notice from either party 
 requiring him to act fails to act, the arbitrators may 
 appoint another umpire. 
 
 7. If for seven days after request from either part}', 
 the arbitrators fail to appoint an umpire, or another 
 umpire, then, on the application of either party, the 
 Board of Agriculture shall appoint a person to be 
 the umpire. 
 
 8. Neither party shall have power to revoke an 
 appointment of an arbitrator without the consent of the 
 other. 
 
 9. Every appointment, notice, request, revocation, 
 
 and consent under this part of these rules shall be in 
 writing (a) . 
 
 Time for Award. 
 
 10. The arbitrators shall make and sign their award 
 in writing within twenty-eight days after the appoint- 
 ment of the last appointed of them, or on or before any 
 later day to "which the arbitrators, by any writing 
 signed by them, may enlarge the time for making the 
 award, not being more than forty-nine days from the 
 appointment of the last appointed of them. 
 
 11. If the arbitrators have allowed their time or 
 extended time to expire without making an award, or 
 have delivered to either party or to the umpire a notice 
 in writing stating that they cannot agree, the umpire 
 may forthwith enter on the arbitration in lieu of the 
 arbitrators. 
 
 12. The umpire shall make and sign his award within 
 one month alter the original or extended time appointed 
 Eor making the award of tin' arbitrators lias expired. 
 
 13. The time for making an award may from time to 
 
 (a) See General Forms 26 to 32 [post, pp. 13S and 139).
 
 SCHEDULES. 107 
 
 time bo extended by the Board of Agriculture, whether Sch. II. 
 the time for making the award has expired or not. 
 
 Removal of Arbitrator, Evidence, Statement of Case, 
 Award, Costs, Forms. 
 
 14. The provisions of Part I. of these rules as to the 
 removal of an arbitrator, the evidence, the statement of 
 a case, the award, costs, and forms shall apply to an 
 arbitration in accordance with this Part as if the 
 expression " arbitrator " whenever used in those pro- 
 visions included two arbitrators or an umpire, as the 
 case may require. 
 
 The above schedule is substituted for tbe procedure sections 
 (7 to 23) of tbe Agricultural Holdings Act, 1883, and prescribes 
 tbe procedure in arbitrations under tbe Agricultural Holdings 
 (En-land) Acts, 1883 to 1900. 
 
 An arbitration under tbe Acts will be partly under tbe control 
 of tbe Board of Agriculture and partly under tbe County Court. 
 Tbe Board of Agriculture have power to appoint a single arbi- Powers i f 
 trator in default of agreement, or an umpire if two arbitrators Board of 
 fail to appoint one. Tbe time for making an award (twenty- pgncu - 
 eight days from the appointment) may be extended by the 
 Board, and they have power to prescribe forms for proceedings 
 in arbitrations. See forms prescribed {post, p. 122), and aho 
 Forms 24 to 32. 
 
 The County Court may remove an arbitrator for misconduct, Powers of 
 and may decide any question of law stated in a special case, County 
 and may direct the statement of a special case. See Ord. XLa, ^ oult - 
 rr. 2, 3 and 4 (post, p. 141). If a party to an arbitration bond 
 fide requests the arbitrator to state a case or to delay making 
 his award until the party can apjdy to the Court for an order 
 directing a case, and the arbitrator refuses to comply with either 
 request, he is prima facie guilty of misconduct such as would 
 justify the Court in setting aside the award : Re Palmer and 
 Hosken & Co. (67 L. J. Q. B. 1 ; (1898) 1 Q. B. 131). A case may 
 be stated " at any stage of the proceedings." (Part I., Rule 9.) 
 It has been questioned if this would enable a case to be stated 
 after the award has been made. It might be argued that the 
 proceedings are not concluded until payment or execution ; but 
 this would seem to be inconsistent with tho dictum of Lord 
 Halsbury, L. C, in Tabernacle Permanent Building Society v. 
 Knight (62 L. J. Q. B. 52 ; (1892) A. C. 3C2) : " I should agree
 
 108 
 
 AGRICULTURAL HOLDINGS ACT, 1900. 
 
 Sch. II. 
 
 Evidence 
 and costs. 
 
 The arbi- 
 trator. 
 
 Stamp 
 duties. 
 
 that if a complete award had been made, a statute which gives 
 the Court or a judge power at any stage of the proceedings 
 under a reference to direct a case to be stated would not be 
 applicable where the proceedings had come to an end by a 
 completed award." An appeal from the decision of the County 
 Court judge on a question of law stated in a case lies to the 
 Court of Appeal (Agricultural Holdings Act, 1900, sect. 2 (6) ). 
 
 Evidence may be required by the arbitrator to be given on 
 oath or affirmation, though he is not obliged to so require. 
 He has full power to deal with the costs of and incidental to 
 the arbitration and award. Under the repealed section (20) 
 relating to costs in the Agricultural Holdings Act, 18S3, it was 
 held that there was no power for the arbitrators or umpire to 
 direct one party to pay the costs of the reference as between 
 solicitor and client : Re Griffiths and Morris (64 L. J. Q. B. 386 ; 
 (1S95) 1 Q. B. 866). If that decision is correct, it would seem to 
 apply to Bule 14 in this Schedule. The award must be made in 
 the form prescribed by the Board of Agriculture. See the rules 
 and forms (post, p. 1 IT). It is final and cannot be ajrpealed from. 
 
 The arbitrator should be one who has no secret interest in 
 the matter referred or may be affected by any circumstance 
 likely to bias his mind unknown to one of the parties : Earl v. 
 Stocker (2 Vern. 251) ; Kimberley v. Dick (41 L. J. Ch. 38 ; L. E. 
 13 Eq. 1). If the interest of the arbitrator is known to both 
 parties they will be taken to have waived it : Re Elliott and 
 South Devon By. Co. (2 De G. & S. 17). 
 
 An arbitrator cannot determine the differences between the 
 parties in a way other than that directed by the submission : 
 Ross v. Boads (7 L. J. Q. B. 209 ; 8 A. & E. 290). An arbitrator 
 under this Act will, following this rule, only be empowered to 
 make a money award. 
 
 Under the Stamp Act, 1891 (54 & 55 Yict. c. 39), the follow- 
 ing are the stamp duties on awards : — 
 
 Where no amount is awarded or the amount 
 
 or value awarded does not exceed 5/. 
 
 When the amount or value awarded — 
 
 Exceeds 51. and does not exceed 10/. 
 
 10/. 
 
 20/. 
 
 30/. 
 
 •10/. 
 
 501. 
 100/. 
 200/. 
 5001. 
 750/. 
 1000/. 
 
 20/. 
 
 30/. 
 
 40/. 
 
 50/. 
 100/. 
 200/. 
 500/. 
 750/. 
 1000/. 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 
 
 3 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 1 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 6 
 
 
 
 5 
 
 
 
 o 
 
 10 
 
 
 
 
 
 15 
 
 
 
 1 
 
 
 
 
 
 1 
 
 5 
 
 
 
 1 
 
 15 
 

 
 SCHEDULES. 
 
 THIRD SCHEDULE. 
 
 Enactmexts Repealed. 
 
 109 
 
 Sch. III. 
 Sect. 12. 
 
 Session and 
 Chapter. 
 
 46 & 47 Vict, 
 c. Gl. 
 
 46 & 4" Vict. 
 c. 62. 
 
 Short Title. 
 
 The Agricultural 
 Holdings (Eng- 
 land) Act, 1883. 
 
 52 & 53 Vict. 
 c. 20. 
 
 58 & 59 Vict. 
 c. 27. 
 
 60 & 61 Vict. 
 c. 22. 
 
 The] Agricultural 
 Holdings (Scot- 
 land) Act, 1883. 
 
 The Agricultural 
 Holdings (Scot- 
 land) Act, 1889. 
 
 The Market Gar- 
 deners' Compen- 
 sation Act, 1895. 
 
 The Market Gar- 
 deners' Compen- 
 sation (Scotland) 
 Act, 1897. 
 
 Extent of Repeal. 
 
 Section one. 
 
 Sections six to sixteen. 
 
 Section seventeen from ' ' and the 
 award shall ' ' to the end of the 
 section. 
 
 Sections eighteen to twenty- 
 three. 
 
 In section twenty-four thewords 
 " or ordered on appeal " and 
 the words " or ordered." 
 
 Section twenty - nine from 
 "where an award has been 
 made" to "improvement will." 
 
 Section fifty-seven. 
 
 The definition of " manures " in 
 section sixty-one. 
 
 The First Schedule. 
 
 Section one. 
 
 Sections six to eight. 
 
 Sections eleven to fifteen. 
 
 Section sixteen from the begin- 
 ning thereof to " within the 
 county," and from " and the 
 award shall" to the end of 
 the section. 
 
 Sections seventeen to twenty. 
 
 In section twenty-one the words 
 "or ordered on appeal," and 
 the words " or ordered." 
 
 Section twenty - four from 
 " where an award has been 
 made" to "improvement will." 
 
 Section thirty-eight. 
 
 The Schedule. 
 
 The whole Act. 
 
 In section three the paragraphs 
 numbered (2) and (3). 
 
 In section three the paragraphs 
 numbered (2) and (3).
 
 ( no ) 
 
 ALLOTMENTS AND COTTAGE GARDENS 
 
 COMPENSATION FOR CROPS 
 
 ACT, 1887. 
 
 (50 & 51 Yict. c. 26.) 
 
 §§ 1, 2, An Act to provide Compensation to the Occupiers of 
 ' Allotments and Cottage Gardens for Crops left in the 
 
 Ground at the End of their Tenancies. 
 
 [8th August, 1887.] 
 
 Be it enacted by the Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in tins present 
 Parliament assembled, and by the authority of the 
 same, as follows : 
 Short title. 1, This Act may be cited as the Allotments and 
 
 Cottage Gardens Compensation for Crops Act, 1887. 
 Extent of 2. This Act shall not extend to Scotland or Ireland 
 
 or to the metropolis. 
 Com- 3, This Act shall come into force on the first day of 
 
 ment of January, one thousand eight hundred and eighty-eight, 
 Act. which day is in this Act referred to as the commencement 
 
 of this Act. 1 
 
 (') This Act is to be construed as one with tho Tenants' Com- 
 pensation Act, 1890 (seo ante, p. 70). 
 
 D« fmi- 4, In this Act — 
 
 " The metropolis" means tho city of London and all 
 pnrishes and places mentioned in Schedules A,
 
 COMPENSATION. 
 
 Ill 
 
 B, and C to the Metropolis Management Act, § 4, 
 
 1855. 1 
 
 18 & 19 
 
 " Allotment" means any parcel of land of not more V ict. 
 than two acres in extent held by a tenant c - 120 
 under a landlord and cultivated as a garden 
 or as a farm, or partly as a garden and partly 
 as a farm. 2 
 "Cottage garden" means an allotment attached to a 
 
 cottage. 
 "Holding" means an allotment or cottage garden. 
 "Tenant" means the holder of a holding under a 
 landlord for any term, and includes the legal 
 personal representative of a deceased tenant. 
 "Landlord" means the person for the time being 
 entitled to receive the rents and profits of any 
 holding. 
 " Person" includes a body of persons and a corpora- 
 tion aggregate or sole. 
 " Contract of tenancy" means the letting of land for 
 
 any term. 
 " Determination of tenancy" means the cesser of a 
 contract of tenancy by effluxion of time or 
 from any other cause. 3 
 The designations of landlord and tenant shall for the 
 purposes of this Act continue to apply to the 
 parties to a contract of tenancy until the 
 conclusion of any proceedings taken under 
 this Act on the determination of a tenancy. 
 
 (!) The Metropolis Management Act, 1855, was the Act 
 which constituted the Metropolitan Board of Works, the place 
 of which has now been taken by the London County Council 
 under the Local Government Act, 1888 (51 & 52 Vict. c. 41). 
 The City of London and parishes and places mentioned in 
 Schedules A., B., and C. to the Metropolis Management Act, 
 1S55, now form part of the administrative county of London. 
 
 (*) In Cooper v. Fearse (G5 L. J. M. C. 95; (1890) 1 Q. B. 562), 
 it was held that a piece of land less than two acres in extent 
 occupied by a seedsman for the purposes of his business, and
 
 112 COTTAGE GARDENS COMPENSATION ACT, 1887. 
 
 88 4, 5. having on it vegetables, fruit trees, and flowering plants, which 
 
 he sold, was not " cultivated as a garden," and was therefore 
 
 not an allotment within this section. To come within the Act 
 as a garden the holding must be " a plot of ground on which 
 fruit, vegetables, and flowers are grown for food or pleasure " 
 (per Collins, J.). 
 
 The holding in that case would, however, it is presumed, 
 have come within the definition of a " market garden " in the 
 Market Gardens Compensation Act, 1895 (see ante, p. 81). 
 
 An allotment comes under this Act whatever may be the 
 nature of the tenancy, whether yearly, quarterly, or at will. 
 
 ( 3 ) As to the various ways in which a tenancy may be deter- 
 mined, see note to Agricultural Holdings Act, 1900, s. 1, ante, 
 p. 81. 
 
 Under the Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 8, 
 the tenancy of an allotment may be determined by one month's 
 notice if the rent is in arrear for not less than forty days ; or if 
 it appears to the sanitary authority that the tenant, not less 
 than three months after the commencement of the tenancy, has 
 not duly observed the regulations affecting such allotment made 
 by or in pursuance of the Act. or is resident more than one mile 
 out of the district or parish for which the allotments are pro- 
 vided : ' ' Provided that in every such case the sanitary authority 
 in default of agreement between the incoming and outgoing 
 tenant shall on demand pay to the tenant whose tenancy is so 
 determined any compensation due to him as outgoing tenant ; 
 and such compensation shall be assessed by an arbitrator 
 appointed by the sanitary authority, or, if the tenant so elect, 
 either by an arbitrator appointed under the Allotments and 
 Cottage Gardens Compensation for Crops Act, 1887, or by a 
 reference under the Agricultural Holdings (England) Act, 
 1883." 
 
 By sub-sect. 2 of the same section, upon the recovery of an 
 allotment from any tenant, the Court or justice directing the 
 recovery may stay delivery of possession until payment of the 
 compensation (if any) due to the outgoing tenant has been mado 
 or secured to the satisfaction of the Court or justice. 
 
 Compen- 5. Upon the determination of the tenancy of a hold- 
 
 sation. j n g a ftcr the commencement of this Act the tenant 
 
 shall be entitled notwithstanding' any agreement to the 
 
 contrary 1 to obtain from the landlord compensation in
 
 COMPENSATION. 113 
 
 money for the following matters and things, that is to § 5. 
 say :— 
 
 (a) For crops, including fruit, growing upon the 
 
 holding in the ordinary course of cultivation, 
 and for fruit trees and fruit bushes growing 
 thereon, which have been planted by the 
 tenant with the previous consent in writing of 
 the landlord. 2 
 
 (b) For labour expended upon and for manure applied 
 
 to the holding since the taking of the last crop 
 therefrom in anticipation of a future crop. 
 
 (c) For drains and for any outbuildings, pigsties, 
 
 fowlhouses, or other structural improvements 
 made by the tenant upon his holding with 
 the written consent of his landlord. 3 
 
 (') The operation of this Act cannot be excluded by any agree- 
 ment between tho landlord and tenant. 
 
 ( 2 ) It is to be noted that, in respect of fruit trees and fruit 
 bushes planted, and of drains, outbuildings, &c, no compensa- 
 tion can be obtained unless the planting or making of the 
 improvement has been carried out with the previous consent of 
 the landlord in writing. Strawberry plants would not, it is 
 submitted, be considered " fruit bushes," and therefore woidd 
 be the subject of compensation, notwithstanding that the consent 
 of the landlord to the planting had been obtained. 
 
 Under the Market Gardeners' Compensation Act, 1895, com- 
 pensation can be obtained for fruit trees and fruit bushes per- 
 manently set out without the consent of the landlord. If the 
 allotment has been treated as a "market garden," it is doubtful 
 if it comes within this Act at all : see Cooper v. Pearse (65 L. J. 
 M. C. 95; (1896) 1 Q. B. 562); and it may, anyhow, be more 
 advantageous to the tenant to claim tinder tho Act of 1895 than 
 under the present Act. 
 
 In the case of an allotment let by the local authority under 
 the Allotments Act, 1887, a tenant may, before the expiration 
 of his tenancy, remove any fruit and other trees and bushes 
 planted or acquired by him for which he has no claim for com- 
 pensation (sect. 7, sub-sect. 6). 
 
 ( 3 ) Under the Allotments Act, 1887, on any holding to which 
 that Act applies, no building othor than a tool-house, shed, 
 
 S. 1
 
 114 
 
 COTTAGE GARDENS COMPENSATION ACT, 1887. 
 
 8S 5, 6 green-house, fowl-house, or pigsty may be erected ; and if any 
 
 7,8 
 
 Deduction 
 from, com- 
 pensation 
 on account 
 of rent or 
 breach of 
 contract. 
 
 Compen- 
 sation if 
 not agreed 
 upon to be 
 settled by 
 an arbi- 
 trator. 
 
 Appoint- 
 ment of 
 arbitrator. 
 
 building other than as aforesaid is so erected, it is to be pulled 
 down and the materials forthwith sold. 
 
 If any building so allowed to be erected is erected, the tenant 
 will not be entitled at the end of his tenancy to any compen- 
 sation for it, but the outgoing tenant is to be at liberty before 
 the expiration of his tenancy to remove the same. If he fails 
 to do so it may be pulled down and the materials sold by the 
 sanitary authority (sect. 7, sub-sect. 5). 
 
 6. In the ascertainment of the amount of compensa- 
 tion payable to the tenant under this Act, any sum due 
 to the landlord in respect of rent or of any breach of 
 the contract of tenancy or wilful or negligent damage 
 committed or permitted by the tenant shall be taken 
 into account in reduction of the amount of compen- 
 sation. 
 
 7. The landlord and tenant may agree upon the 
 amount and time of payment of compensation to be 
 paid under this Act. If in any case they do not so 
 agree, the difference shall be settled by an arbitrator. 
 
 See notes on arbitration, ante, p. 108. 
 
 8. If the landlord and tenant concur they may, 
 within twenty- eight days after the determination of 
 the tenancy, jointly appoint such arbitrator. If they 
 do not concur, such arbitrator shall be appointed in the 
 following manner : — 
 
 (1.) The landlord and tenant or either of them may 
 apply personally or in writing to the justices 
 of the peace, acting for the petty sessional 
 division in which the holding is situated, in 
 petty sessions, and such justices shall, upon 
 the receipt of the application, appoint one of 
 their number not being interested in the 
 holding, or other competent person not 
 being interested as aforesaid, to act as such 
 arbitrator.
 
 ARBITRATION. 
 
 115 
 
 (2.) If before award the person so appointed dies or §§8,9,10, 
 becomes incapable of acting, or for seven days 1 M«> i,i > 
 
 after his appointment fails to act, the justices ■ 
 
 shall appoint in manner aforesaid another 
 arbitrator. 
 
 9. The justices shall in all cases in which it is prac- Just i? es ^ 
 
 J # _ _ x practic- 
 
 ticable obtain the consent of the arbitrator to act without able to 
 remuneration, and in any case in which it is imprac- pe^n to 
 ticable to obtain such consent they shall direct that the act as 
 arbitrator shall be paid such moderate sum as they without 
 consider will reasonably remunerate him for his time ypmtmera- 
 
 •' . tion. 
 
 and expenses. _ Timefor 
 
 10. The arbitrator shall proceed to determine any com- 
 difference referred to him under this Act within seven ™^ t " f 
 days after his appointment. arbitra- 
 
 11. The arbitrator, if he shall consider it desirable or p ow ' er f or 
 necessary so to do, shall have power to call for the arbitrator 
 production of any document which is in the possession i s ter oaths. 
 of either party, or which either party can produce, and 
 
 which to the arbitrator seems necessary for determina- 
 tion of the difference referred to him, and to take the 
 examination of the parties and witnesses on oath and 
 to administer oaths and take affirmations, and if any 
 person so sworn or affirming wilfully and corruptly 
 gives false evidence he shall be guilty of perjury. Power to 
 
 12. The arbitrator may proceed in the absence of Absence of 
 either party after notice given to both parties. either 
 
 13. The award shall be in writing signed by the E, ^" 
 arbitrator, and shall be ready for delivery within award and 
 fourteen days after his appointment, or within such ddi ® "* a 
 extended time not exceeding in the whole twenty-eight 
 
 days after his appointment, as the parties may agree 
 upon in writing. 
 
 14. The costs (if any) of and attending the arbitra- Costs of 
 tion, including the remuneration (if any) of the ^^ 
 arbitrator shall be borne and paid by the parties in 
 
 such proportion as to the arbitrator appears just, and 
 
 i2
 
 116 
 
 COTTAGE GARDENS COMPENSATION ACT, 1887. 
 
 §§14,15, 
 16,17,18. 
 
 Day for 
 payment. 
 
 Award to 
 be final. 
 
 Recovery 
 of compen- 
 sation 
 money. 
 
 No claim 
 to he made 
 nnder the 
 Agricul- 
 tural 
 Holdings 
 (England) 
 Act for 
 any matter 
 or thing 
 for which 
 a claim ia 
 made 
 under this 
 Act. 
 
 the award may direct the payment of the whole or any 
 part of the aforesaid costs by the one party to the 
 other, or may declare that no costs shall he payable. 
 
 15. The award shall fix a day not sooner than 
 fourteen days after the delivery of the award for the 
 payment of the money awarded for compensation, costs, 
 or otherwise. 
 
 16. The award shall he final and conclusive in every 
 case ; and neither the submission to arbitration nor the 
 award shall be made a rule of any Court, or be remov- 
 able by any process into any Court. 
 
 17. Where any money agreed or awarded to be paid 
 for compensation, costs, or otherwise, is not paid within 
 fourteen days after the time when it is agreed or 
 awarded to be paid, it shall be recoverable upon order 
 made by the judge of the County Court within the 
 district of which the holding is situated, as money 
 ordered to be paid by a County Court under its ordinary 
 jurisdiction is recoverable. 1 
 
 ( ! ) As to the mode in which, money ordered to be paid by a 
 County Court is recoverable, see aide, p. 31. 
 
 The proceedings for recovery of compensation under this Act, 
 whether ascertained by an award or by agreement, are regulated 
 by Orel. XLa, rr. 7 and 8 of the County Court Rules (November), 
 1900 (post, p. 149). See also Forms 312b and 312c. 
 
 Upon the recovery of an allotment under the Allotments Act, 
 1887, the Court or justice directing the recovery may stay 
 delivery of possession until payment of compensation due to tho 
 outgoing tenant has been made or secured to the satisfaction of 
 the Court or justice (sect. 8, sub-sect. 3). 
 
 18. No claim for compensation shall be made under 
 the Agricultural Holdings (England) Act, 1883, for 
 any matter or thing in respect of which a claim for 
 compensation is made under this Act, and in any case 
 in which the provisions of that Act and of this Act 
 conflict the provisions of this Act shall prevail.
 
 RULES. 
 
 ]17 
 
 APPENDIX. 
 
 I. 
 BOARD OF AGRICULTURE RULES, Bute. 
 
 AND FORMS THEREUNDER. 
 
 (Dated 7th December, 1900.) 
 
 Agricultural Holdings (England) 
 Rules of 1900. 
 
 The Board of Agriculture, by virtue and in exercise 
 of the powers in them vested under the Agricultural 
 Holdings Act, 1900, do hereby prescribe as follows : — 
 
 1. An award in an arbitration under the Agricultural 
 Holdings Act, 1900, shall be in the form set forth in 
 the First Schedule hereto, with such modifications of 
 the recitals therein contained as circumstances may 
 require. 
 
 2. The several forms for proceedings in arbitrations 
 under the said Act, which are set forth in the Second 
 Schedule hereto, shall, if used, be sufficient. 
 
 3. These Eules extend to England and Wales only. 
 
 4. These Eules may be cited as the Agricultural 
 Holdings (England) Eules of 1900. 
 
 In witness whereof the Board of Agriculture have 
 hereunto set their official seal this 7th day of 
 December, one thousand nine hundred.
 
 118 
 
 APPENDIX. I. 
 
 Forms. 
 
 Insert 
 name (if 
 any) and 
 descrip- 
 tion of 
 holding. 
 
 The FIRST SCHEDULE to the above Rales. 
 
 Form A. 
 Form of Award (a). 
 
 Agricultural Holdings (England) Acts, 1883 to 1900. 
 
 In the matter of a holding known as lately in 
 
 the occupation of A. E. of [the quitting tenant). 
 
 To all to whom these presents shall come, I, F. G., 
 
 >] 
 
 and H. K. of 
 
 of [we, F. G., of 
 
 send greeting. 
 
 Whereas C. D., the landlord of the above-mentioned 
 holding, and the said A. B., the tenant thereof, have 
 failed to agree as to the amount and time and mode of 
 payment of the compensation to which the said A. B. 
 claims to be entitled in respect of the improvements made 
 on the above-mentioned holding, which are comprised in 
 the First Schedule to this Award. 
 
 {Here insert recitals of appointments of arbitrator, arbi- 
 trators, or umpire. See Forms £., C, and D.) 
 
 And whereas the said A. B., by written notice to the 
 said 0. D., has required that the arbitration shall extend 
 to the determination of certain further claims by the said 
 A. B. against the said C. D. in respect of the said holding, 
 the short particulars of which claims are set forth in the 
 Second Schedule to this Award. 
 
 And whereas the said C. D., by written notice to the 
 said A. B., has required that the arbitration shall extend 
 to the determination of certain claims by the said C. D. 
 against the said A. B. in respect of the said holding, tho 
 short particulars of which claims are set forth in the 
 Third Schedule to this Award. 
 
 And whereas the said A. B. or C. D. has applied to 
 me [us] to specify the amount awarded in respect of such 
 of the improvements comprised in the First Schedule to 
 
 (a) The use of this form is compulsory.
 
 FORMS. 119 
 
 this Award as are iu such Schedule marked with an Forms. 
 asterisk. 
 
 And whereas the time for making my [our] Award has 
 been extended by the Board of Agriculture to the 
 day of , 190 , 
 
 or 
 
 And whereas we have duly enlarged the time for making 
 our Award to the day of ,190 , 
 
 Now know ye that I, the said F. Gr. [we, the said F. Gr. 
 and H. K.], having taken upon myself [ourselves] the 
 burden of the said reference, and having heard, examined, 
 and considered the witnesses and evidence concerning the 
 said matters so referred to me [us] as aforesaid, do make 
 and publish this my [our] Award of and concerning the 
 same in manner following, that is to say : — 
 
 1. I [We] award and determine that the said A. B. is 
 entitled to receive from the said C. D. the sum of 
 pounds shillings and pence, as compensa- 
 tion in respect of the improvements comprised in the First 
 Schedule to this Award, and I [we] do hereby declare that 
 the amounts awarded by me [us] in respect of such of the 
 said improvements as are marked with an asterisk are the 
 amounts set against such improvements in such Schedule. 
 
 2. I [We] award and determine that the said A. B. is 
 entitled to receive from the said C. D. the sum of 
 pounds shillings and pence in respect of 
 the claims mentioned in the Second Schedule to this Award. 
 
 3. I [We] award and determine that the said C. D. is 
 entitled to receive from the said A. B. the sum of 
 pounds shillings and pence in respect of 
 the claims mentioned in the Third Schedule to this Award. 
 
 4. I [We] award and determine that the said sum[s] of 
 
 pounds shillings and pence [and 
 
 pounds shillings and pence] awarded 
 
 by me [us] shall, subject to the provisions of the Agricul- 
 tural Holdings (England) Acts, 1883 to 1900, be paid by 
 the said C. D. to the said A. B. on the day after the 
 
 delivery of this Award ; and that the said sum of 
 pounds shillings and pence awarded by
 
 120 APPENDIX I. 
 
 Forms, me [us] shall, subject as aforesaid, be paid by the said 
 A. B. to the said C. D. on the same day. 
 
 5. I [We] award and direct that the costs of and inci- 
 dental to the arbitration and this Award shall be paid by 
 the said A. B. or C. D. or by the said A. B. and C. D. in the 
 following proportions, namely, part thereof by the 
 
 said A. B. and part thereof by the said C. D. [or 
 
 otherwise as may be directed^, or I [we] award and direct 
 that each party shall bear his own costs of and incidental 
 to this arbitration, and shall pay part of my [our] 
 
 costs of this Award, and that any costs payable by the 
 one party to the other party under or by virtue of this 
 Award shall be so paid on the day after the delivery 
 
 of this Award. 
 
 In witness whereof I [we] have hereunto set my [our] 
 hand[s] this day of ,190 . 
 
 Signed by the said F. G. [and H. K.] in the presence of 
 
 F. G. 
 [H. K] 
 
 Note. — The date in paragraphs 4 and 5 must not be earlier than 
 one calendar month, nor later than two calendar months, after the 
 delivery of the award. 
 
 The First Schedule referred to in the above- written 
 
 Award. 
 
 (Here insert each of the improvements comprised in the 
 First Schedule to the Agricultural Holdings Act, 1900, in 
 respect of which a claim by the tenant has been referred to 
 arbitration. If either party has required that the amount 
 awarded in respect of any particular improvement shall be 
 specified, the person or persons making the Award will mark 
 such improvement with an asterisk, and place against the 
 improvement the amount awarded in respect thereof.) 
 
 The Second Schedule referred to in the above- written 
 
 Award. 
 
 (Here insert short particulars of any further claim by the 
 tenant to which he has by written notice required that the 
 arbitration shall extend.)
 
 FOKMS. 121 
 
 The Third Schedule referred to in the above-written Forms. 
 
 Award. 
 
 {Here insert short particulars of any claim by the landlord 
 to tchich he has by written notice required that the arbitration 
 shall extend.) 
 
 Note. — The Award may be endorsed as follows : — 
 
 This Award was delivered to A. B. [or C. D.] on the 
 day of , 190 . 
 
 F.Gh 
 [H. K.1 
 
 Form B. 
 
 Recital of Appointment of a Single Arbitrator. 
 
 And whereas by an appointment, dated the day 
 
 of , 19 , signed by the said A. B. and 0. D. [or 
 
 sealed by the Board of Agriculture, as the case may be], I, 
 the said F. G., was duly appointed under the Agricultural 
 Holdings (England) Acts, 1883 to 1900, to act as arbitrator 
 for the purpose of settling the said differences, in accord- 
 ance with the provisions set out in the Second Schedule to 
 the Agricultural Holdings Act, 1900. 
 
 Form C. 
 
 Recital of Appointment of Two Arbitrators. 
 
 And whereas by two appointments, dated respectively 
 the day of , 19 , and the day of 
 
 ,19 , we, the said F. Gr. and H. K., were duly 
 appointed under the Agricultural Holdings (England) Acts, 
 1883 to 1900, to act as arbitrators for the purpose of 
 settling the said differences, in accordance with the pro- 
 visions set out in the Second Schedule to the Agricultural 
 Holdings Act, 1900.
 
 122 
 
 APPENDIX I. 
 
 Forms. 
 
 Omit if 
 there has 
 been no 
 such ex- 
 tension. 
 
 Foem D. 
 Recital of Appointment of Umpire. 
 
 (After recital of appointment of two arbitrators, M. N. 
 and P. Q.) 
 
 And whereas by an appointment, dated the day 
 
 of , 19 , signed by the said M. N. and P. Q. [or 
 
 sealed by the Board of Agriculture, as the case may be'], I, 
 the said P. Gr., was duly appointed under the said Acts to 
 act as umpire in the said arbitration. 
 
 [And whereas the said M. N. and P. Q. duly enlarged 
 the time for making their award to the day of , 
 
 19 .] 
 
 And whereas the said M. N. and P. Q. have allowed 
 their time to expire without making an award [_or, as the 
 case may be, have delivered to the said A. B. or C. D. or to 
 me, the said P. GK, a notice in writing stating that they 
 cannot agree]. 
 
 Insert 
 name (if 
 any) and 
 descrip- 
 tion of 
 holding 1 . 
 
 The SECOND SCHEDULE to the above Fades {a). 
 
 Foem E. 
 
 Application for Appointment by Board of Agriculture of a 
 
 single Arbitrator. 
 
 Agricultural Holdings (England) Acts, 1883 to 1900. 
 To the Board of Agriculture. 
 
 In the matter of the holding known as , lately 
 
 in the occupation of A. B., of {the quitting tenant). 
 
 Whereas the said A. B. claims to be entitled to com- 
 pensation in respect of certain improvements made on the 
 above-mentioned holding. 
 
 And whereas C. D., of , the landlord of the said 
 
 holding, and the said A. B., have failed to agree as to the 
 amount and time and mode of payment of such compensa- 
 
 (a) The use of the forms in the Second Schedule is optional only, 
 but it will, no doubt, be advisable to use them on any application to 
 the Board of Agriculture.
 
 FORMS. 123 
 
 tion, and as to the person to act as arbitrator for the Forms, 
 purpose of settling the differences that have so arisen. ~ — " 
 
 And whereas there is not any provision in any agreement 
 between the said A. B. and C. D. relating to the appoint- 
 ment of such arbitrator, and such arbitrator may accord- 
 ingly be appointed by the Board of Agriculture on the 
 application in writing of either of the parties. 
 
 Now I, the said A. B. or C. D., do hereby apply to the 
 Board of Agriculture for the appointment by them of an 
 arbitrator for the purpose of settling the said differences. 
 
 (Signature of A. B. or C. D., or his duly 
 authorized agent.) 
 
 Note. — Delay in making the appointment will be avoided 
 if the application is signed by or on behalf of both 
 parties. 
 
 Form F. 
 
 Application for Appointment by Board of Agriculture of 
 Arbitrator for party failing to appoint. 
 
 Agricultural Holdings (England) Acts, 1883 to 1900. 
 To the Board of Agriculture. 
 
 In the matter of the holding known as , lately in insert 
 
 the occupation of A. B., of {the quitting tenant). Dame ( if 
 
 Whereas the said A. B. claims to be entitled to compen- descrlp 1 - 
 sation in respect of certain improvements made on the tion of 
 above-mentioned holding. ° m °' 
 
 And whereas C. D., of , the landlord of the said 
 
 holding, and the said A. B. have failed to agree as to the 
 amount and time and mode of payment of such conrpen- 
 sation. 
 
 And whereas by writing, dated the , the said 
 
 parties agreed, in effect, that the differences which have so 
 arisen should be settled by two arbitrators or an umpire. 
 
 And whereas the said A. B. or 0. D. has, for fourteen 
 days after notice by the said C. D. or A. B. to him to 
 appoint an arbitrator, failed to do so.
 
 124 
 
 APPENDIX I. 
 
 Forms. And whereas there is not any provision in any agreement 
 between the said A. B. and C. D. relating to the appoint- 
 ment of an arbitrator for or on behalf of the said A. B. or 
 C. D., in case of such default as aforesaid, and such 
 arbitrator may accordingly be appointed by the Board of 
 Agriculture. 
 
 Now I, the said A. B. or C. D., do hereby apply to the 
 Board of Agriculture for the appointment by them of an 
 arbitrator for or on behalf of the said C. D. or A. B. 
 
 (Signature of A. B. or C. D., or his duly 
 authorised agent.) 
 
 Insert 
 name (if 
 any) and 
 descrip- 
 tion of 
 holding. 
 
 FOEM Gr. 
 
 Application for appointment by Board of Agriculture 
 
 of Umpire. 
 
 Agricultural Holdings (England) Acts, 1883 to 1900. 
 To the Board of Agriculture. 
 
 In the matter of the holding known as , lately 
 
 in the occupation of A. B., of {the quitting tenant). 
 
 Whereas the said A. B. claims to be entitled to compen- 
 sation in respect of certain improvements made on the 
 above-mentioned holding. 
 
 And whereas C. D., of , the landlord of the said 
 
 holding, and the said A. B. have failed to agree as to the 
 amount and time and mode of payment of such compensa- 
 tion. 
 
 And whereas by writing, dated the , the said 
 
 parties agreed, in effect, that the differences which have so 
 arisen should be settled by two arbitrators or an umpire. 
 
 And whereas M. N., of , and P. Q., of , 
 
 having been duly appointed to be the arbitrators for the 
 purpose of settling the said differences, have for seven 
 days after a request in writing in that behalf by the said 
 A. B. or C. D. failed to appoint an umpire. 
 
 And whereas there is not any provision in any agree- 
 ment between tho said A. B. and C. D. relating to the
 
 FORMS. 125 
 
 appointment of an umpire in case of such default as afore- Forms. 
 said, and such umpire may accordingly be appointed by 
 the Board of Agriculture. 
 
 Now I, the said A. B. or C. D., do hereby apply to the 
 Board of Agriculture for the appointment by them of an 
 umpire for the purpose of such arbitration. 
 
 (Signature of A. B. or C. D., or his duly 
 authorized agent.) 
 
 Note. — Delay in making the appointment will be avoided 
 if the application is signed by or on behalf of both j)ar ties. 
 
 Form H. 
 
 Application to Board of Agriculture for Extowion of 
 Time for Award. 
 
 Agricultural Holdings (England) Acts, 1883 to 1900. 
 
 To the Board of Agriculture. 
 
 In the matter of an arbitration under the above- Insert 
 mentioned Acts between A. B., of {the quitting tenant), ^vland 
 and C. D., of {the landlord), relating to the holding descrip- 
 
 known as , lately in the occupation of the said A. B. v 10 ^^ 
 
 Whereas the time for making the Award in the said 
 arbitration will expire [or expired] on the day of , 
 
 19 . 
 
 Now I, the undersigned, do hereby apply to the Board 
 
 : Agriculture to extend the time : 
 Award to the day of ,19 
 
 of Agriculture to extend the time for making the said 
 
 [This may be signed by an arbitrator, or 
 by an umpire, where the matter is 
 referred to him, or in any case by 
 cither party to the arbitration or his 
 duly authorized agent.~\
 
 126 APPENDIX II. 
 
 II. 
 
 Forms - GENERAL FORMS. 
 
 Sect. 3. 1. Consent by Landlord to the making of an Improvement 
 
 mentioned in Schedule I., Part 1. 
 To C. D. {tenant). 
 
 I, A. B. {landlord), hereby consent to the erection by 
 you in a substantial and workmanlike manner of a brick 
 cow-house {or making any other improvement, as the case 
 may be) on the farm of, &c, now occupied by you as my 
 tenant. 
 
 Dated . {Signed) A. B. 
 
 2. Consent by Agent to the same upon Terms. 
 
 To 0. D. {tenant). 
 
 I, E. F., the duly authorized agent of A. B. {landlord), 
 in that behalf, hereby consent on behalf of the said A. B. 
 to your making a road between and , on the 
 
 farm of, &c, now occupied by you as his tenant, upon the 
 terms that such road shall be in accordance with the plan 
 and specification submitted to me and annexed hereto, and 
 that you shall not be entitled to claim as compensation 
 under the Agricultural Holdings (England) Acts, 1883 to 
 1900, for the making of such road, any sum exceeding 
 £ 
 
 Dated . {Signed) E. F. for A. B. 
 
 3. Consent by Landlord to the laying down of a Field in 
 Permanent Pasture by a Yearly Tenant, and Agree- 
 ment as to Compensation. 
 
 An Agreement entered into the day of , 
 
 Between A. B. {landlord), of, &c, of the one part, and 
 C. D. {tenant), of, &c, of the other part. 
 
 The said A. B. hereby consents to the laying down in 
 permanent pasture by the said C. D. of the arable field
 
 FORMS. 
 
 127 
 
 known as Wliiteacre, now occupied by the said C. D. as Forms, 
 tenant of the said A. B., upon tho torms following (that is gect< 3 _ 
 to say) : — 
 
 1. The said C. D. hereby agrees to execute the above- 
 mentioned improvement within one year from the date of 
 this agreement in a proper and hasbandlike manner. 
 \ Specify, if thought desirable, the cleaning to be done, the 
 proportion of various grass and clover seeds to be sown, and 
 
 other particulars.^ 
 
 2. If the said C. D. shall execute the said improvement 
 within such year as aforesaid, the said A. B., or the 
 incoming tenant who may succeed the said 0. D. in the 
 occupation of AVhiteacre, will pay to the said C. D. such 
 sums as may be shown by production of vouchers and 
 labour-book to have been expended by the said C. D. in 
 purchasing grass seeds from Messrs. , seedsmen, for 
 such laying down in pasture as aforesaid and in labour 
 employed for the same purpose, not exceeding £ per 
 acre for cost of seeds, and £ per acre for labour. 
 Provided always that the total sum payable under this 
 agreement shall be subject to a deduction of per cent, 
 for each year or part of a year during which the said C. D. 
 shall continue in occupation of Whiteacre after the 29th 
 day of September, 19 , and so that after the expiration 
 of years from the 29th day of September, 19 , no 
 compensation shall be payable to the said C. D. in respect 
 of the said improvement. 
 
 3. The said field shall not be grazed before the day 
 of 19 [State any provisions for treatment and 
 manuring of the field, Sfc. after it is laid down which may be 
 thought desirable.~\ 
 
 4. It is hereby agreed that the compensation hereby 
 provided shall be substituted for and in lieu of any com- 
 pensation which might otherwise be payable in respect of 
 the said improvement under the Agricultural Holdings 
 (England) Acts, 1883 to 1890. 
 
 As witness, the hands of {Signed) A. B. 
 
 the parties hereto. 0. D.
 
 128 APPENDIX II. 
 
 Forms. 4. Notice by Tenant of intention to execute an Improve- 
 
 ~ ment mentioned in Schedule I., Part 2. 
 
 beet. 4. ' 
 
 To A. B. (landlord). 
 
 I, C. D. {tenant), hereby give you notice of my intention 
 after two months and not more than three months from the 
 date of this notice to begin to drain and to drain the field 
 known as Whiteacre and I propose to execute such drainage 
 in the manner specified in the schedule hereto. 
 
 Dated . (Signed) C. D. 
 
 Schedule. 
 
 The drains to be laid at a depth of 3 feet with 2-inch 
 pipes, at intervals of 30 feet, the main drains to be laid 
 with 8-inch pipes and to discharge into the ditch on the 
 south side of the above field, as shown on the plan annexed 
 hereto (or as the case may be). 
 
 Sect. 4. 5. Undertaking hy Landlord to execute the Improvement 
 
 himself. 
 
 To C. D. (tenant). 
 
 I, A. B. (landlord), acknowledge the receipt of a notice 
 from you, dated the day of , of your intention 
 
 to drain Whiteacre, and I hereby give you notice that I 
 undertake to drain the same field myself and intend to 
 charge you 51. per cent, per annum (to be j)aid in the 
 manner and at the times at which your rent is now payable 
 to me, and to be recoverable as rent) on the outlay incurred 
 by me in executing such drainage from the Lady-day next 
 following the date of the completion thereof. 
 
 Dated . (Signed) A. B. 
 
 Sect. 4. G. Agreement as to Terms of Compensation for an Improve- 
 ment mentioned in Schedule I., Part 2, to be paid to a 
 Tenant holding under a Lease. 
 
 Ax Agreement entered into the day of , 
 
 Between A. B. (landlord), of, &c, of the one part, and
 
 FORMS. 
 
 129 
 
 C. D. {tenant), of, &c, farmer, of the other part. It is Forms. 
 hereby agreed between the parties hereto as follows : — 
 
 1. The said C. D. will within one year from the date of 
 this agreement under-drain in a proper and husbandlike 
 manner, and in the manner specified in the schedule hereto, 
 and as shown in the plan annexed hereto, the field known 
 as Whiteacre now occupied by the said C. D. as tenant 
 under a lease dated 
 
 2. The said A. B. or the incoming tenant will pay to the 
 said C. D., on his giving up occupation of his farm on the 
 determination of the said lease, one th of such sums as 
 may be shown by production of vouchers and labour book 
 to have been expended by the said C. D. in under-draining 
 the said field. 
 
 3. The compensation payable under this agreement shall 
 
 be substituted for and in lieu of any compensation -which 
 
 might otherwise be payable under the Agricultural Holdings 
 
 (England) Acts, 1883 to 1900, in respect of such drainage. 
 
 As witness, &c. 
 
 Schedule. 
 
 {To contain particulars of the work to be executed.) 
 
 7. Clause to be inserted in a Lease or Agreement dispensing 
 icith Notice and fixing the Terms of Compensation for 
 an Improvement mentioned in Schedule I., Part 2. 
 
 It is hereby agreed between the parties hereto that the Sect. 4. 
 tenant may under-drain any of the land comprised in this 
 agreement {or lease) which has not been already drained, 
 and that the landlord or the incoming tenant will, on the 
 tenant's quitting his holding on the determination of his 
 tenancy, compensate him for his outlay on any such under- 
 draining done by him upon the said land, by payment 
 according to the following scale : — 
 For draining done within 5 years The full amount of the 
 
 previous to the determination outlay as certified. 
 
 of the tenancy. 
 
 For ditto within G years . . 90/. per cent, of such 
 
 outlay. 
 
 For ditto within 7 years . . 80?. per cent, of ditto. 
 
 {And so on.) 
 
 s. K
 
 130 
 
 APPENDIX II. 
 
 Forms. Provided always that in order to entitle the tenant to 
 payment the outlay shall be approved and certified in 
 "writing by the landlord by his signature in the schedule 
 hereto annexed (to be affixed on the Lady Day next 
 following such outlay) and the landlord hereby agrees to 
 affix his signature upon due proof of the said outlay. 
 
 And it is hereby further agreed that no notice of his 
 intention to drain need be given by the tenant under sect. 4 
 of the Agricultural Holdings (England) Act, 1883, and that 
 the compensation payable under this agreement (or lease) 
 shall be substituted for and in lieu of compensation under 
 the said Act. 
 
 The Schedule above referred to. 
 
 Particulars and Date 
 
 of Completion of 
 
 Work. 
 
 Labour. 
 
 £ s. d. 
 
 Pipes. 
 
 £ s. d. 
 
 Total. 
 
 £ s. d. 
 
 Signature. 
 
 Sect. 5. 
 
 8. Particular Agreement to be inserted in a Lease or Agree- 
 ment for a Lease securing Compensation (sect. 5) for 
 an Improvement mentioned in Schedule I., Part 3 (a). 
 
 It is hereby agreed between the parties hereto that if 
 the tenant shall during the continuance of the tenancy 
 created by this agreement (or lease) marl or chalk any of 
 the land hereby let to him (or execute any of the improve- 
 ments numbered 18 to 22 in Schedule /., Part 3), the 
 landlord will, on his quitting his holding on the determi- 
 nation of the said tenancy, pay to the tenant the sum laid 
 out by him in such marling or chalking (including the 
 cost of carting and spreading), with a deduction of one- 
 seventh for each year that his tenancy continues after 
 
 (a) The compensation provided by agreement for an improvement 
 in Part 3 of Schedule I. must be " fair and reasonable." The form 
 provides such compensation as was made payable by the Act of 1875, 
 which it is submitted would be held fair and reasonable.
 
 FORMS. 131 
 
 the year of tenancy in "which, the outlay is made, and such Forms. 
 compensation shall be deemed to be substituted for com- 
 pensation under the said Act. 
 
 9. Particular Agreement for Compensation for Consumption 
 
 of Cake. 
 
 It is hereby agreed that the landlord will pay to the Sect. 5. 
 tenant, on his quitting his holding at the determination of 
 the tenancy hereby created, one-third of the actual cost of 
 every ton of best linseed cake (a) consumed by his cattle 
 or sheep upon the land hereby let to him during the year 
 of tenancy immediately preceding such determination and 
 one-sixth of the actual cost of every ton of such cake so 
 consumed during the last year of tenancy but one, and 
 compensation under this agreement shall be deemed to be 
 substituted for compensation under the Agricultural Hold- 
 ings (England) Acts, 1883 to 1900. Provided always 
 that the tenant shall not be entitled to compensation under 
 this agreement for any larger consumption during the last 
 year of his tenancy than the average amount of his con- 
 sumption during the three next preceding years of his 
 tenancy or other less number of years for which the tenancy 
 may have endured. And there shall be deducted from the 
 compensation to be paid to the tenant the value of the 
 manure that would have been produced by the consumption 
 on the holding of any hay, straw, or roots sold off the 
 holding within the last two years of the tenancy or other 
 less time for which the tenancy has endured (such value 
 to be computed at s. for every ton of ha}-, &c), except 
 
 so far as a proper return of manure to the holding has 
 been made in respect of such produce sold off (b). 
 
 (a) See the Fertilizers and Feeding Stuffs Act, 1S93, -which requires 
 vendors of fertilizers and feeding stuffs to give the purchaser an 
 invoice stating the nature of the article sold, which is to have the 
 effect of a "warranty that the article is of the quality stated. 
 
 (b) This clause may he omitted if the tenant is by the terms of his 
 agreement or lease forbidden to sell hay, straw, &c, off his holding 
 
 k2
 
 132 APPENDIX II. 
 
 Forms. 10. Agreement making half a year's Notice to Quit sufficient 
 
 Sect. 33. It is hereby agreed between A. B. (landlord) and C. D. 
 
 (tenant) that the 33rd section of the Agricultural Holdings 
 (England) Act, 1883, shall not apply to the tenancy sub- 
 sisting between them, and that half a year's notice to quit 
 expiring with a year of tenancy shall be necessary and 
 sufficient for the determination of the said tenancy. 
 
 11. Notice to Landlord of intention to remove Fixture (a). 
 Sect. 34. To A. B. (landlord). 
 
 Take notice that I intend after one month from this day 
 to remove the milk cooling apparatus erected by me on 
 the farm of, &c, now held by me as your tenant. 
 
 Dated . (Signed) 0. D. 
 
 12. Notice to tenant of Landlord 's intention to 
 purchase Fixture. 
 
 Sect. 34, To C. D. (tenant). 
 
 sub-s. ( ). Take notice that I elect to purchase the steam-engine 
 erected by you on your holding, which you have by notice 
 dated , informed me of your intention to remove, 
 
 and I hereby offer you £ for the same as being the 
 
 fair value thereof. 
 
 Dated . (Signed) A. B. 
 
 13. Notice to Tenant to quit part of his Holding. 
 
 Sect. 41. To C. D. (tenant). 
 
 I hereby give you notice to quit the field of Whiteacre 
 (being part of the land now held by you as my tenant) on 
 the 29th day of September, 1887, and require you to 
 deliver up possession of the same field to me on that day, 
 as I intend to resume possession of the said field for the 
 purpose of planting of trees (or any other improvement 
 
 (a) This notice must be given at least one month before tho removal.
 
 FORMS. 133 
 
 mentioned in sect. 41), and I hereby offer to reduce your Forms, 
 rent by the sum of £ from the day above-mentioned 
 
 on account of the resumption by me of the said field. 
 
 Dated . (Signed) A. B. 
 
 14. Notice by Tenant accepting Notice to Quit part of 
 Holding as Notice for the entire Holding. 
 
 To A. B. (landlord). Sect. 41. 
 
 I have received your notice to me, dated the day 
 
 of , to quit Whiteacre on the day of , 
 
 1 9 , and I hereby give you notice that I accept the said 
 notice from you as a notice to quit the whole of the farm 
 of, &c, now held by me as your tenant, and I intend to 
 deliver up possession of the same farm on the said 
 day of , 19 . 
 
 Dated . (Signed) 0. D. 
 
 15. Clause excluding the Operation of the Acts except as to 
 
 Compensation. 
 
 It is hereby agreed that the Agricultural Holdings Sect. 55. 
 (England) Acts, 1883 to 1900, and the provisions therein 
 contained, with the exception of so much thereof as relates 
 to the right of the tenant to compensation for improve- 
 ments, shall not apply to the tenancy hereby created 
 between A. B. and C. D. 
 
 16. Consent by Landlord to the Payment of Compensation 
 by the Incoming to the Outgoing Tenant. 
 
 To C D. (incoming tenant). Sect. 56. 
 
 I, A. B. (landlord), hereby consent to your paying the 
 sum of £ to E. F. (outgoing tenant), being the sum 
 
 payable by me for compensation to the said E. F. under or 
 in pursuance of the Agricultural Holdings (England) 
 Acts, 1883 to 1900, and under an award dated, &c, and 
 made by, &c. (or under an agreement dated, &c, and made 
 between me and the said E. F.). 
 
 Dated . (Signed) A. B,
 
 134 APPENDIX II. 
 
 Forms. 17. Notice of claim of Compensation for Improvements (a). 
 
 Sect. 2 To A. B. (landlord). 
 
 * '" Take notice that I claim under and in accordance with 
 
 the Agricultural Holdings (England) Acts. 1883 to 1900, 
 to Le paid, on the determination of my tenancy, the com- 
 pensation to which I am entitled under the said Acts 
 or the custom of the country for the improvements 
 executed by me during my tenancy of the farm of, &c. 
 The particulars of the improvements so executed are as 
 follows : — 
 
 1. Erection of cowshed in 1901 with your consent. 
 
 2. Draining of Blackacre meadow in 19 . 
 
 3. Application during the year 19 of tons of 
 
 Peruvian guano to Whiteacre. 
 
 4. Consumption during 1902 and 1903 of tons of 
 
 decorticated cotton cake by my cattle. 
 Dated . {Signed) C. D. 
 
 Sect. 2, 
 
 18. Notice by Landlord of Claim for Waste or Breach of 
 
 Covenant {b). 
 To C. D. {tenant). 
 
 Having received a notice from you, dated, &c, of your 
 
 sub-s. (3) claim for compensation from me on the determination of 
 
 (1900). your tenancy of the farm of, &c, I hereby require that the 
 
 arbitration shall extend to the determination of my claim 
 
 against you for waste and breach of contract on your part 
 
 as mentioned below : — 
 
 1. Ploughing the grass field of Whiteacre. 
 
 2. Taking two white straw crops in succession from 
 
 Blackacre. 
 
 3. Neglect to keep fences in repair. 
 
 4. Sale of hay and straw in breach of contract. 
 
 5. Failure to keep the homestead in repair according to 
 
 covenant in your lease. 
 Dated . {Signed) A. B. 
 
 (<() Claim to be made before the determination of the tenancy. 
 (b) To be given by registered letter not later than seven days after 
 the appointment of an arbitrator.
 
 FORMS. 135 
 
 19. Notice by tenant of Claim for other matters in respect of Forms. 
 the holding besides compensation for improvements {a). 
 
 To A. B. {landlord). g ec t. 2 
 
 Take notice that I require that the arbitration between /^oJoi 
 us under the Agricultural Holdings (England) Acts, 1883 
 to 1900, shall extend to the further claims by me against 
 you which are mentioned below : — 
 
 1. For neglect to keep the farm buildings in repair as 
 
 per contract of tenancy. 
 
 2. For cost of seeds, manure, and acts of husbandry on 
 
 root crops and fallows. 
 
 3. For tons of hay and loads of straw left 
 
 by me on the holding to be paid for at consuming 
 price according to the custom. 
 
 {Signed) 0. D. 
 
 20. Agreement betivccn Landlord and Tenant after 
 Claim for Compensation. 
 
 Agreement entered into on the day of , Be- 
 
 tween A. B. {landlord) of the one part and 0. D. {tenant), 
 of, &c. of the other part. Whereas the said C. D. has 
 quitted the farm lately held by him as tenant of the said 
 A. B., And whereas the said C. D. has claimed against 
 the said A. B. under the Agricultural Holdings (England) 
 Acts, 1883 to 1900, for compensation for improvements 
 effected on the said farm by him and for acts of husbandry 
 and other matters, And whereas the said A. B. has claimed 
 against the said C. D. for waste and breach of contract, It 
 is hereby mutually agreed between the said A. B. and 
 the said C. D. that there shall not be any arbitration 
 between them under the said Acts, And that the said A. B. 
 shall pay to the said C. D. £ in full satisfaction of 
 
 all compensation and other sums payable to him under the 
 said Acts or otherwise, after allowing for the claim made 
 by the said A. B. as aforesaid, in the following instalments 
 
 (a) To bo given by registered letter not later than seven days after 
 the appointment of the arbitrator or arbitrators.
 
 136 
 
 APPENDIX II. 
 
 Forms, (that is to say), £ on Michaelmas Day, 19 , and 
 
 £ on the 1st of January, 19 , And that the said 
 
 A. 13. shall be at liberty to deduct the balance of £ 
 being rent owing to him by the said C. D. from the said 
 sum of £ , and shall make no further claim against 
 
 the said C. D. in respect of waste or breach of contract. 
 
 As witness the hands of the above parties. 
 
 {Signed) A. B. 
 CD. 
 
 21. Clause providing that all Disputes and Claims shall be 
 decided by Two Arbitrators under the Acts. 
 
 Sect. 2, Any dispute or question which may arise between the 
 
 (1900) parties hereto respecting their rights and liabilities here- 
 under or in relation to the tenancy hereby created, and 
 any claim under the Agricultural Holdings (England) Acts, 
 1883 to 1900, or which may otherwise arise on the deter- 
 mination of the tenancy, whether made by the landlord or 
 tenant, shall not be referred to a single arbitrator, but 
 shall be referred to the arbitration of two arbitrators or an 
 umpire, as provided by Part 2 of the Second Schedule to 
 the Agricultural Holdings Act, 1900, and such arbitration 
 shall proceed and be regulated in all respects by the rules 
 of the said schedule so far as applicable thereto. 
 
 22. Agreement that Claims on either side shall be settled by a 
 Reference under the Arbitration Act, 1889. 
 
 g ect 2 It is hereby agreed that all claims, disputes, and differ- 
 
 sub-s. (8) ences arising between us or our respective representatives 
 during the continuance of or on the determination of the 
 contract of tenancy between us, whether such claims, 
 disputes, or differences arise under the Agricultural 
 Holdings (England) Acts, 1883 to 1900, or otherwise, shall 
 be referred to two arbitrators or their umpire (or to a solo 
 arbitrator), pursuant to the Arbitration Act, 1889, and that 
 
 (1900).
 
 FOEMS. 137 
 
 the said Act, or any statutory modification or re-enactment Forms. 
 thereof for the time being in force, shall apply in all 
 respects to any arbitration between us. 
 
 Dated . _ {Signed) A. B. 
 
 CD. 
 
 23. Short Form providing that Clai?)is under the Acts shall 
 be referred to Two Arbitrators or an Umpire under Part 2 
 of the Second Schedule. 
 
 We hereby agree that the arbitration between us under Sched. 2, 
 the Agricultural Holdings (England) Acts, 1883 to 1900, Part 2 > 
 shall not be before a single arbitrator. 
 
 Dated . (Signed) A. B. 
 
 C. D. 
 
 24. Agreement appointing a Single Arbitrator. 
 
 We hereby agree that E. F., of , shall be and Sched. 2, 
 
 he is hereby appointed arbitrator in the arbitration between , a [ ' 
 us under the Agricultural Holdings (England) Acts, 1883 
 to 1900. 
 
 Dated . (Signed) A. B. 
 
 C. D. 
 
 25. Notice requiring Arbitrator to act. 
 To E. F. (arbitrator). 
 
 Take notice that I require you to act within seven days Sched. 2 
 
 from the receipt of this notice in the matter of the arbitra- Parfc *■» 
 
 r 2 
 tion between 0. D. and myself under the Agricultural 
 
 Holdings (England) Acts, 1883 to 1900, in which you have 
 
 been appointed arbitrator. 
 
 Dated . (Signed) A. B.
 
 138 
 
 APPENDIX II. 
 
 Forms. 26. Appointment of Arbitrator by Landlord or Tenant. 
 
 Sched. 2, 
 Part 2, 
 r. 1. 
 
 To E. F. (arbitrator), of, &c. 
 
 I, A. B. (landlord or tenant), hereby appoint you arbi- 
 trator under Schedule II. Part 2 of the Agricultural 
 Holdings Act, 1900, for the purpose of making an award 
 under the Agricultural Holdings (England) Acts, 1883 to 
 1900, in respect of the compensation claimed by C. D. 
 {tenant) from me (or by me from 0. D. [landlord^ ) in 
 respect of his (my) tenancy of Earm, and in respect 
 
 of all other claims under the said Acts. 
 
 Dated . (Signed) A. B. 
 
 Sched. 2, 
 Part 2, 
 r. 3. 
 
 27. Notice of Appointment of Arbitrator. 
 
 To A. B. (landlord). 
 
 Take notice that I have appointed E. F., of, &c, arbi- 
 trator for the purpose of making an award under the 
 Agricultural Holdings (England) Acts, 1883 to 1900, in 
 respect of the compensation claimed by me from you in 
 respect of my late tenancy of Farm. 
 
 (Add, if necessary) And I require you to appoint within 
 fourteen days from the receipt of this notice an arbitrator 
 to act with the above-mentioned E. F. in the matter of the 
 arbitration between us. 
 
 Dated . (Signed) C. D. 
 
 Sched. 2, 
 Part 2, 
 r. 5. 
 
 28. Appointment of Umpire. 
 
 To M. N. (umpire), of, &c. 
 
 "We, E. F. and Gr. H. (arbitrators), appointed under the 
 Agricultural Holdings (England) Acts, 1883 to 1900, in the 
 matter of an arbitration between A. B., of, &c, and C. D., 
 under the said Acts, hereby appoint you umpire in the 
 same matter. 
 
 Dated . (Signed) E. F. 
 
 G.H.
 
 FORMS. 139 
 
 29. Request to appoint Umpire. Forms. 
 
 To E. F. and Of. H. {arbitrators). 
 
 I, A. B., of, &c, hereby request you within seven days Sched. 2, 
 from the receipt of this notice to appoint an umpire in ^ 2 > 
 pursuance of Eule 7 of Part 2 of the Second Schedule to 
 the Agricultural Holdings Act, 1900, in the matter of the 
 arbitration between me and C. D. under the Agricultural 
 Holdings (England) Acts, 1883 to 1900. 
 
 Dated . {Signed) A. B. 
 
 30. Extension of Time for making Award. 
 Agricultural Holdings (England) Acts, 1883 to 1900. Sched. 2 
 In the matter of an arbitration between A. B. and Pa n r „ 2 ' 
 C. D. 
 
 We, M. N. and P. Q., the arbitrators appointed in the 
 above arbitration, hereby enlarge the time for making our 
 Award therein to the day of 19. 
 
 Dated . {Signed) M. N. 
 
 P. Q. 
 
 31. Form of Oath for Witness before Arbitrator. 
 
 You shall true answer make to all such questions as 
 shall be asked you touching the matters in question in 
 this arbitration. So help you God. 
 
 32. Form of Affirmation for Witness objecting to be sworn. 
 
 I solemnly, sincerely and truly affirm and declare that 
 I will true answer make to all such questions as shall 
 be asked me touching the matters in question in this 
 arbitration.
 
 140 APPENDIX III. 
 
 Rules. 
 
 III. 
 
 COUNTY COURT RULES AND FORMS. 
 
 OEDEE OF THE LOED CHANCELLOE, 
 DATED NOYEMBEE 27, 1900, AS TO COSTS. 
 
 I, the Eight Honourable Hardmge Stanley, Earl of 
 Halsbmy, Lord High Chancellor of Great Britain, do, 
 by virtue of the powers vested in me by the twenty- 
 seventh section of the Agricultural Holdings (England) 
 Act, 1883, hereby prescribe the following scales of costs 
 for proceedings in the County Court under the Agri- 
 cultural Holdings (England) Acts, 1883 to 1900, and 
 of costs to be taxed by registrars of County Courts 
 under the said Acts, (that is to say) : 
 
 1. Costs of proceedings in the County Court under 
 the said Acts shall be taxed according to such one of 
 the scales of costs applicable to actions in the County 
 Court as the judge shall direct, and in default of such 
 direction they shall be taxed under column B of such 
 scales. 
 
 2. Costs of and incidental to an arbitration and 
 award awarded by an arbitrator under the said Acts 
 shall be taxed according to such one of the scales of 
 costs applicable to actions in the County Court as the 
 arbitrator shall direct, and in default of such direction 
 they shall be taxed under column B of such scales (a). 
 
 Dated this 27th day of November, 1900. 
 
 (a) Column B of the higher scale of County Court Costs relates 
 generally to cases where the subject-matter or sum recovered exceeds 
 20/. and does not exceed 50/. See Annual County Courts Practice, 
 1001, vol. i., p. 315.
 
 RULES. 141 
 
 Rules. 
 
 THE 
 COUNTY COURT RULES (NOVEMBER) 1900. 
 
 Dated November 27, 1900. 
 
 These Rules shall be read and construed as if they were 
 contained in the County Court Rules, 1889. The forms in 
 the Appendix shall be used as if they were contained in 
 the Appendix to the County Court Rules, 1889, and when 
 it is so expressed shall be used instead of the corresponding 
 forms contained in such last-mentioned Appendix, or in 
 the Appendix to any County Court Rules of subsequent 
 date, as the case may be. 
 
 Where any Rule or form hereby annulled is referred to 
 in any of the County Court Rules, 1889, or in any County 
 Court Rules of subsequent date, or the Appendices thereto, 
 the reference to such Rule or form shall be construed as 
 referring to the Rule or form prescribed to be used in lieu 
 thereof. 
 
 ORDER XLa. 
 
 The Agkicultukal Holdings (England) Acts, 
 1883 to 1900, &c. 
 
 Order XL., and Forms 311a, 312, and 312a, are hereby Ord. XLa. 
 annulled, and the following Order and forms shall stand in 
 lieu thereof : — 
 
 1. — (1.) An application for the appointment or change Appointment 
 
 of a guardian of an infant or person of unsound mind not ° r ch " n ^ e , ot 
 
 so found by inquisition for the purposes of the Agricultural purpose of 
 
 Holdings (England) Acts, 1883 to 1900 (in this Order Agricultural 
 
 , K Holdings 
 
 referred to as the said Acts), shall be intituled in the Acts. 
 
 matter of the Acts and of the arbitration or intended 46 ,~ 4 „i ct * 
 
 c. 61, s. 2o. 
 
 arbitration, and shall be made in accordance with the rules 
 for the time being in force as to interlocutory applications. 
 
 (2.) Any such application shall be supported by affidavit, Affidavit. 
 
 and accompanied by a written consent of the proposed \. Co "f- Forma 
 
 (54a > 64b -J 
 guardian to act as such.
 
 142 
 
 APPENDIX III. 
 
 Rules. 
 
 Applications 
 ex parte. 
 
 Applications 
 011 notice. 
 \Conf. Ord. 
 VIIa, r. 1 (5), 
 and Forms 
 64e, 64f,64o.] 
 
 Application 
 for order to 
 state case. 
 63 & 64 Vict. 
 c. 50, Sched. 
 2, Part 1, 
 par. 9. 
 Form 311b. 
 
 (3.) An application on behalf of an infant or person of 
 unsound mind for the appointment of a guardian may be 
 made ex parte. 
 
 (4.) An application by any other person interested for 
 the appointment of a guardian of an infant or person of 
 unsound mind shall be made to the judge on notice in 
 writing ; and woman, shall be made to the judge on notice 
 in writing ; and such notice, together with a copy of the 
 affidavit in support of the application, shall three clear 
 days at least before the day in such notice named for 
 hearing the application be served on the person with whom 
 or under whose care such infant or person of unsound 
 mind is residing, and also, in the case of an infant not 
 residing with or under the care of his father or guardian, 
 on the father or guardian (if any) of such infant : Provided 
 that the registrar may dispense with such last-mentioned 
 service. Service may be effected in accordance with the 
 provisions of section 28 of the Agricultural Holdings 
 (England) Act, 1883. 
 
 (5.) An application for the removal or change of a 
 guardian shall be made to the judge on notice in writing, 
 which shall be served on the guardian proposed to be 
 removed or changed, or his solicitor, in accordance with 
 the last preceding paragraph. 
 
 2. — (1.) An application to the judge under the said Acts 
 for an order directing an arbitrator to state in the form of 
 a special case for the opinion of the Court any question of 
 law arising in the course of the arbitration shall be made 
 in Court on notice in writing, which shall be intituled in 
 the matter of the Acts and of the arbitration, and shall 
 state concisely the question of law which the applicant 
 desires to be stated for the opinion of the Court, and shall 
 be supported by an affidavit setting forth the facts of the 
 case and the question of law arising thereon. 
 
 (2.) The application and affidavit shall be filed with the 
 registrar, and shall be marked by the registrar with a 
 reference number, and all subsequent proceedings shall 
 bear the reference number. 
 
 (3.) Copies of the application and affidavit shall be
 
 RULES. 143 
 
 served by the applicant on the parties to the arbitration, Rules, 
 and on the arbitrator, or on their respective solicitors (if 
 any), ten clear days at least before the hearing of the 
 application, unless the judge or registrar shall give leave 
 for shorter service, in which case a copy of the order giving 
 such leave shall be served with the copy of the application. 
 Such service may be effected in accordance with the 
 provisions of section 28 of the Agricultural Holdings 
 (England) Act, 1883; and service on any party who does 
 not appear on the hearing of the application shall be 
 proved before an order is made. 
 
 (4.) Any affidavit intended to be used by any party in 
 opposition to the application shall be filed and a copy 
 thereof shall be served on the applicant or his solicitor 
 four clear days at least before the hearing of the applica- 
 tion, or, if leave has been given for short service of the 
 notice of the application, in such reasonable time before 
 the hearing as the date of service of such notice will allow. 
 
 (5.) A deponent to an affidavit shall on notice from the 
 other side served in accordance with paragraph 3 attend 
 the hearing for cross examination ; and witnesses may be 
 orally examined on the hearing of the application in the 
 same manner as on the hearing of an action. 
 
 (6.) The order of the judge on the application shall be 
 settled and signed by the registrar, and shall be sealed 
 and filed, and signed copies thereof shall be served on the 
 arbitrator in accordance with the provisions of section 28 
 of the Agricultural Holdings (England) Act, 1883, and on 
 all other persons affected thereby in accordance with 
 Eule 5 of Order XXIII. (b). 
 
 3. — (1.) Where an arbitrator under the said Acts states Statement of 
 
 in the form of a special case for the opinion of the Court ca ; s< r ^. , 
 
 ... i pi t 63 & 64 Vict, 
 
 any cpuestion of law arising m the course of the arbitration c . 50, Sched. 
 
 (whether on his own motion or in pursuance of a direction 2 > ^ >art *i 
 
 of the Court to that effect), such case shall be intituled in vconf'S, g n 
 
 the matter of the Acts and of the arbitration, and shall be Ord. 
 
 divided into paragraphs numbered consecutively, and shall i -i 
 
 !•] 
 
 (b) Eule 5 of Order XXIII. provides for the preparation by the 
 registrar and delivery to the bailiff for service of judgments and orders.
 
 144 
 
 APPENDIX III. 
 
 Rules. 
 
 Signing and 
 filingr. 
 
 Fixing day 
 for hearing. 
 [Ord. XL., 
 r. 5.] 
 
 \Cmf. R.S.C. 
 
 Ord. 
 
 XXXIV., 
 
 r. 6.] 
 
 Form 311c. 
 
 Copies of case. 
 
 Order on 
 hearing. 
 
 Form 31 Id. 
 
 Remitting 
 case for re- 
 statement. 
 
 state concisely such facts and documents as may be neces- 
 sary to enable the judge to decide the questions of law 
 raised thereby. Upon the argument of such case the 
 judge and the parties shall be at liberty to refer to the 
 whole contents of such documents, and the judge shall be 
 at liberty to draw from the facts and documents stated in 
 the case any inference, whether of fact or of law, which 
 might have been drawn therefrom if proved at the hearing 
 of an arbitration. 
 
 (2.) Such special case shall be signed by the arbitrator, 
 and may be filed by the arbitrator or any of the parties to 
 the arbitration with the registrar, and a copy shall be filed 
 therewith for the use of the judge ; and such case shall be 
 marked by the registrar with a reference number (which, 
 where a case is stated in pursuance of an order of the 
 Court to that effect, shall be the same as that on the appli- 
 cation for such direction) and all subsequent proceedings 
 shall bear the reference number. 
 
 (3.) On a case being filed the registrar shall transmit a 
 copy thereof to the judge, who shall, as soon as con- 
 veniently may be, appoint a day and hour for hearing the 
 case, and instruct the registrar to give notice thereof forth- 
 with to the parties. Such day shall be so fixed as to allow 
 such notice to be given ten days at least before the day 
 fixed for the hearing, unless the judge shall, with the 
 consent of all parties, fix an earlier day ; and such notices 
 may be served in accordance with the provisions of sect. 28 
 of the Agricultural Holdings (England) Act, 1883. 
 
 (4.) The registrar shall, on the application and at the 
 cost of any party, furnish him with a copy of the case. 
 
 (5.) On the hearing of the case an order in accordance 
 with the opinion of the judge shall be settled and signed 
 by the registrar, and shall be sealed and filed, and signed 
 copies thereof shall be served on all parties to the arbitra- 
 tion in accordance with Rule 5 of Order XXIII. ; and a 
 signed copy thereof shall be sent in like manner to the 
 arbitrator, for him to proceed in accordance with the 
 opinion of the judge. 
 
 (7.) The judge may remit the caso to the arbitrator for 
 ro-statoment or further statement.
 
 RULES. 
 
 145 
 
 4. — (1.) When application is made to the Court under Rules. 
 
 the said Acts for the removal of an arbitrator on the ground ~ ~ ~ 
 
 Application 
 
 of his misconduct, or for an order setting- aside an award for removal of 
 
 on the ground of misconduct of the arbitrator, or on the arbitrator, or 
 
 8 .to set aside 
 
 ground that the arbitration or award has been improperly award. 
 
 procured, the party making the application shall be called 63 & 64 Vict. 
 
 " the applicant " ; and all other parties to the arbitration, ^ Part 1 
 
 and the arbitrator, shall be made parties to the applica- pars. 6, 13. 
 
 tion, and shall be called " the respondents." 
 
 (2.) Proceedings shall be commenced by filing an appli- Proceeding?, 
 cation, intituled in the matter of the Acts and of the arbi- m ° e Q C g^ m " 
 tration, which shall be entered and numbered as a plaint. Form 31 1e. 
 
 (3.) Particulars shall be appended or annexed to the Particulars 
 application, containing and affidavit - 
 
 (a) A concise statement of the relief or order which the 
 
 applicant claims, and of the grounds on which the 
 application is made : 
 
 (b) The full names and addresses of the respondents and 
 
 of the applicant, and of his solicitor, if the pro- 
 ceedings are commenced through a solicitor : 
 and the application shall be supported by an affidavit 
 setting forth the circumstances in which and the grounds 
 on which the application is made. 
 
 (4.) The applicant shall deliver to the registrar with Copies for 
 the application, particulars, and affidavit a copy thereof respondents, 
 for the judge, and a copy for each respondent to be served; 
 and where the application is to set aside an award, the 
 applicant shall file a copy of the award for the use of the 
 judge. 
 
 (5.) On the filing of the application the registrar shall Fixing day of 
 fix the hearing thereof before the judge for any Court registrar. 
 appointed to be held within twenty-eight days from the 
 date of the application, but the date of hearing shall be so 
 fixed as to allow the copies of the application, particulars, 
 and affidavit to be served on the respondents at least ten 
 clear days before the date so fixed. 
 
 (6.) If there is no such Court available, the registrar Fixing day 
 shall send notice of the application to the judge, who J^|^v^ 
 shall, as soon as conveniently may be, appoint a day and judge, 
 place for the hearing of the application. Such day shall 
 
 S. L
 
 146 
 
 APPENDIX III. 
 
 Rules. 
 
 Notice to 
 parties. 
 Forma 311r, 
 
 ollO. 
 
 Service on 
 r gpondents. 
 
 S,r\ LOe 00 
 
 respondents. 
 [Ord VII.. 
 ».] 
 
 
 Wh( 
 
 ted other- 
 w i-.- than by 
 
 bailiff. 
 
 : \ II., 
 1.] 
 
 be so fixed as to allow tlie copies of the application, parti- 
 culars, and affidavit to be served on the respondents at 
 least ten clear days before the date bo fixed. The place of 
 hearing shall bo the place at which the Court is held, or, 
 if the judge so orders, any other convenient Court of which 
 he is judge. 
 
 (7.) On the day for the hearing of the application being 
 fixed, the registrar shall give or send by post notice in 
 writing to the applicant, stating the place at which and the 
 day and hour on and at which the application will he 
 heard, and shall LSSUe tho copies of the application, parti- 
 culars, and allida\ it. under the seal of the ( 'ourt, for service 
 on tho respondents, together with notices signed by the 
 registrar himself and under the seal of the Court, stating 
 tho place at which and the day and hour on and at which 
 the application will be heard, and that if the respondents 
 
 do not attend in person or by their solicitors, such order 
 
 will be made and proceedings taken as the judge may 
 
 think just and expedient. 
 
 (8.) The copies and notices mentioned in the last pre- 
 ceding paragraph shall be served on each respondent not 
 less than ten clear days before the day fixed for the hearing . 
 
 unless such respondent, or his solicitor on his behalf, agrees 
 
 to accept shorter service. 
 
 Such copies and notices may be served — 
 (a) By a bailiff of a ( 'ourt : 
 Or, at the requesi of the applicant or his solicitor, 
 
 1> By the applicant, or some clerk or servant in his 
 permanent or exclusive employ: or 
 l'.\ the applicant's solicitor, or a solicitor acting as 
 agent fur such solicitor, OX BOme person in tho 
 employ of either of them. 
 
 10. Service may be effected either in accordance with 
 the rules as to service of default summonses, or bj 
 tered post in accordance with the provisions of Bection 
 of the Agricultural Holdings (England Act, 188 
 
 (11.) Where Bervice is effected otherwise than by a 
 bailiff, a copy of the document Berred, with the date and 
 mode of Bervice endorsed thereon, shall within three . 
 
 the date of servii .eh further time as
 
 RUL 
 
 17 
 
 may bo all r of the Oo irl ich Rules. 
 
 mitted I 
 the applicant or hi rhissolici- 
 
 shall also d of 
 
 the Ben '»f sue!. m 21 in the Form 
 
 as the cir 
 tee shall reqoii 
 (12.) A be u> 
 
 of tho application shall be 61 
 I ou th( 
 
 •he 
 application, or, ii .ice of I theappli- 
 
 . 
 
 ^ring as thi »W. 
 
 (13.) -hall on no' be 
 
 other side Berred in aocordance with the of 
 
 the Agricultural Holdings England A \ 
 
 1883, the 1 
 
 I on th 
 application in aie ma is on tho hearing of an 
 
 (11. Sttl rule, the Froc«lureon 
 
 Lure on s : : "- app °* 
 
 I ir<' in an ad 
 ■ 
 jud| 
 
 rules forth tall, 
 
 ■ ■ 
 irdingl 1 in tl 
 
 I ruli b the a j plica! 
 with particu] ' for | i 
 
 with the application shall 1 rn «lay, 
 
 :tn<l the applii odents shall be 
 
 plaintiff and defendants res] ly. 
 
 (15.) '1 I the judge on -hull bo Or 
 
 1 by thi i shall 
 
 fill D all 
 
 Form 21 la a form Jt summon*. 
 
 Annual County <
 
 148 
 
 APPENDIX III. 
 
 Rules. 
 
 Where hear- 
 ing is to take 
 place in 
 another 
 Court. 
 
 Application 
 for taxation of 
 costs of arbi- 
 tration. 
 63 & 64 Vict. 
 c. 50, Sched. 
 2, Part 1, 
 par. 14. 
 \_Conf. Form 
 352.'] 
 
 Notice of time 
 and place for 
 taxation. 
 
 [Conf. Form 
 353.'] 
 
 Certificate of 
 taxation. 
 
 persons affected thereby in accordance with Rule 5 of 
 Order XXIII. (a) ; and such order shall be enforceable in 
 the same manner as a judgment or order of the Court. 
 
 (16.) "Where the hearing is to take place at another 
 Court, the registrar of the Court in which the proceeding 
 is pending shall forthwith send notice to the registrar of 
 such other Court that the judge has ordered the hearing 
 to take place there ; and he shall, in sufficient time before 
 the hearing, transmit the papers to the registrar of tho 
 Court at which the hearing is to take place, who shall act 
 at the hearing for such first mentioned registrar, and shall, 
 after the hearing, return the papers to him, with a minute 
 of the order made; and such order shall be settled, signed, 
 sealed, filed, served, and proceeded on in the Court in which 
 the proceeding is pending in like manner as if the hearing 
 had taken place there. 
 
 5. — (1.) An application to the registrar to tax the costs 
 of and incidental to an arbitration and award under the 
 said Acts shall be made in writing, and shall state on 
 whose behalf the application is made. 
 
 (2.) On receipt of such application the registrar shall 
 fix a place and time for proceeding with such taxation, 
 and shall give or send by post notice in writing to the 
 applicant and to the parties whose costs are to be taxed, 
 signed by the registrar himself and under the seal of the 
 Court, stating the place, day, and hour at and on which 
 the taxation will be proceeded with, and requiring the 
 parties to attend and produce documents and be examined, 
 and warning them that if they do not attend either in 
 person or by their solicitors such order will be made and 
 proceedings taken as to the registrar shall seem fit. Such 
 notices shall be given or sent four clays at least before the 
 day fixed for the taxation. 
 
 (3.) On the completion of the taxation, or, in the case of 
 review by the judge, after such review, the registrar shall 
 give or send by post to each party a certificate of the 
 result of the taxation, slating the amount at which the 
 costs have been allowed. 
 
 («) See note to Rule 2 (6) of this Order, ante, p. 143.
 
 RULES. 149 
 
 6. An application to the judge to review any taxation by Rules, 
 the registrar shall be made on notice in writing in ac- Review of r 
 cordance with the rules for the time being: in force as to taxation by 
 interlocutory applications. •I'. 1 ,' g {., y ict 
 
 c. 50, Sched. 
 
 7. — (1.) An application to the judge under the said 2 ' ^F* lj 
 
 Acts, or the Allotments and Cottage Gardens Conipensa- A ',. ' . 
 
 tion for Crops Act, 1887, for an order that money awarded for recovery 
 
 to be paid for compensation, costs, or otherwise, shall be of m0 . lie y , 
 x * ' awarded to be 
 
 recoverable as money ordered by a County Court under its paid for com- 
 ordinary jurisdiction to be paid is recoverable, shall be P ensatlon » «c. 
 made in Court on notice in writing, which shall be intituled orm ~ B ' 
 in the matter of the Acts and of the arbitration ; and on 
 filing the application the applicant shall produce to the 
 registrar the original award (or a duplicate thereof) and 
 shall file a copy thereof, together with an affidavit intituled 
 as above, verifying both the original and the copy award, 
 and the amount remaining due thereunder. 
 
 (2.) Where the application is for the recovery of or 
 includes the recovery of any money awarded to be 
 paid for costs, the affidavit shall state the amount at 
 which such costs have been agreed upon or allowed on 
 taxation, and that a demand for payment of such amount, 
 with, in the case of taxation, a copy of the certificate of 
 the result of the taxation, has been served on the party 
 against whom the application is made fourteen days at 
 least before the date of the application. Service of such 
 demand may be effected in accordance with the provisions 
 of section 28 of the Agricultural Holdings (England) 
 Act, 1883. 
 
 (3.) The application shall not be numbered as a plaint, 
 but shall be marked by the registrar with a reference 
 number as a commencement of proceedings, and all sub- 
 sequent proceedings shall bear the reference number. 
 
 (4.) A copy of the application and affidavit shall be 
 served on the party against whom the application is made, 
 and proof of such service shall be made, in accordance with 
 paragraph 3 of Eule 2 of this Order ; and the provisions of 
 paragraphs 4 and 5 of the last mentioned rule shall apply 
 to proceedings on an application under this rule.
 
 150 
 
 APPENDIX III. 
 
 Rules. 
 
 Form 312c. 
 
 Proceedings 
 for recovery 
 of money 
 agreed to be 
 paid under 
 46 & 47 Vict, 
 c. 61, s. 24; 
 50 & 51 Vict. 
 c. 26, s. 17; 
 63 & 64 Vict. 
 c. 50, s. 2 (3) ; 
 or for settle- 
 ment of dis- 
 putes under 
 46 & 47 Vict. 
 c. 61, s. 46. 
 
 (5.) The order of the judge on the application shall he 
 settled and signed hy the registrar, and shall be sealed 
 and filed, and signed copies thereof shall he served on all 
 persons affected thereby in accordance with Rule 5 of 
 Order XXIII. ; and such order shall be enforceable in the 
 same manner as a judgment or order of the Court. 
 
 8. Proceedings for the recovery of money agreed to be 
 paid for compensation, costs, or otherwise, under the said 
 Acts, or the Allotment and Cottage Gardens Compensation 
 for Crops Act, 1887, or for the settlement of a dispute 
 under section 46 of the Agricultural Holdings (England) 
 Act, 1883, shall be by action commenced by plaint and 
 summons in the ordinary way. Particulars of demand 
 shall be filed in any such action, and shall state concisely 
 the nature of the claim or dispute, and the relief or order 
 which the plaintiff claims. 
 
 Forms. 
 
 COUNTY COUET FORMS. 
 
 Ord. XLa, 
 r. 2. 
 
 311b. 
 
 The Agricultural Holdings (England) Acts, 
 1883 to 1900. 
 
 Application for Order directing Statement of Case. 
 
 In the County Court of holden at 
 
 \_Reference Number~\ 
 
 In the matter of the Agricultural Holdings (England) Acts, 
 
 1883 to 1900, and 
 In the matter of an Arbitration between 
 
 A. JB., 
 
 of &c, Tenant, 
 
 and 
 C. D., 
 of &c, Landlord. 
 
 Take Notice, that application will be made to the judge 
 at on the clay of , 19 , at the hour
 
 FORMS. 151 
 
 of o'clock in the noon, on behalf of the above- Forms. 
 
 named , for an order directing Mr. , the arbi- 
 
 trator appointed in the above-mentioned arbitration, to 
 
 state in the form of a special case for the opinion of the 
 
 Court the following question of law arising in the course 
 
 of the arbitration, viz., 
 
 [State the question of law."] 
 
 And further take notice, that an affidavit of filed 
 
 herewith [in the notice served on any party substitute for 
 these words a copy whereof is served herewith] will be read 
 in support of the application. 
 
 Dated this day of , 19 . 
 
 (Signed) 
 
 Applicant 
 [or Applicant's Solicitor]. 
 
 To the Eegistrar of the Court 
 
 and to [the other parties to the arbitration 
 and the arbitrator, naming them]. 
 
 311c. 
 
 The Agricultural Holdings (England) Acts, 0r(i XTjA 
 
 1883 to 1900. r . 3 '(3). ' 
 
 Notice of Day upon which Special Case will be heard. 
 
 In the County Court of holden at 
 
 [Heading as in Special Case.] 
 
 Take Notice, that the judge of this Court will hear the 
 special case stated by Mr. , the arbitrator appointed 
 
 in the above-mentioned matter, at a Court to be holden 
 at on the day of ,19 , at the 
 
 hour of in the noon ; and that if you do not 
 
 attend in person or by your solicitor at the time and place 
 above mentioned, such order will be made and proceedings 
 taken as the judge may think just. 
 
 You may obtain a copy of the case upon application at 
 my office, and upon prepayment of the costs of such copy. 
 
 Dated this day of 19 . 
 
 Eegistrar. 
 To 
 
 [the parties to the arbitration].
 
 152 
 
 Forms. 
 
 APPENDIX III. 
 
 31 Id. 
 
 Ord. XLa, The Agricultural Holdings (England) Acts, 
 
 r - 3 ( 6 )- 1883 to 1900. 
 
 Order on Hearing of Siiecial Case. 
 
 [Heading as in Special Case.~\ 
 
 The special case stated by Mr. , the arbitrator 
 
 appointed in the above-mentioned matter [if stated pur- 
 suant to an order of the judge, add in pursuance of an order 
 of the judge made in the above-mentioned matter on 
 the day of 19] coming on for hearing this 
 
 day: 
 
 Now, upon reading the said case, and upon hearing the 
 above-mentioned A. B. [_or Mr. , solicitor [or 
 
 of counsel] for the above-named A. B. ] and the 
 
 above-named C. D. [or Mr. , solicitor [or of 
 
 counsel] for the above-named C. D. [or if either 
 
 party does not appear, no one appearing for the above- 
 named A. B. [_or C. D. ]], and upon debate 
 of the matter, the judge of this Court doth declare his 
 opinion on the question of law stated for the opinion of 
 the Court as follows : — 
 
 [State Opinion.] 
 
 And it is ordered that a copy of this order be sent by 
 the registrar to the said Mr. , for him to proceed in 
 
 accordance with the opinion so declared as aforesaid. 
 
 [Add directions as to costs, if any .] 
 
 Dated this day of 19 . 
 
 Registrar. 
 To 
 
 [the parties to the arbitration 
 and the arbitrator'].
 
 FORMS. 153 
 
 31 lE - Forms. 
 
 The Agricultural Holdings (England) Acts, Ord. XLa, 
 
 1883 to 1900. r. 4(2). 
 
 Application for Removal of Arbitrator, or to set aside 
 
 Award. 
 
 Ill the County Court of holden at 
 
 No. of Plaint 
 
 In tho matter of the Agricultural Holdings (England) Acts, 
 
 1883 to 1900, 
 
 and 
 
 In the matter of an Arbitration between 
 A. B. 
 
 of, &c, Tenant, 
 
 and 
 
 a d., 
 
 of, &c, Landlord. 
 
 Application is hereby made on behalf of the above- 
 named 
 
 (1) For the removal of Mr. , the arbitrator 
 
 appointed in the above-mentioned arbitration, on the 
 ground of his misconduct. 
 
 Particulars are hereto appended [or annexed]. 
 
 [or (2) To set aside the award made by Mr. , the 
 
 arbitrator appointed in the above-mentioned arbitration, 
 on the day of , on the ground of the misconduct 
 
 of the said Mr. [or on the ground that the said arbi- 
 
 tration [or award] was improperly procured].] 
 
 Particulars are hereto appended [or annexed]. 
 
 An affidavit of in support of the application is 
 
 filed herewith. 
 
 Application is hereby made to the Court to fix a day for 
 the hearing of the said application. 
 
 The names and addresses of the applicant and his soli- 
 citor are : — 
 
 Of the applicant 
 Of his solicitor 
 
 The names and addresses of tho respondents to be served 
 with this application are 
 
 Dated this day of 19 . 
 
 (Signed) 
 
 Applicant 
 [or Applicant's Solicitor].
 
 154 APPENDIX III. 
 
 Forms. 
 
 ■ 311f. 
 
 Ord. XLa, The Agricultural Holdings (England) Acts, 
 
 r. 4 (7). 1883 to 1900. 
 
 Notice to Applicant of Day upon ivhich Application will 
 
 be heard. 
 
 \_Heading as in Application.'] 
 
 Take Notice, that the judge of this Court will hear the 
 application in this matter [state place of hearing] on 
 the day of 19 , at the hour of in 
 
 the noon. 
 
 Dated this day of 19 . 
 
 To Registrar, 
 
 of 
 
 311G. 
 
 Ord XLa The Agricultural Holdings (England) Acts, 
 
 r . 4 '(7). ' 1883 TO 1900. 
 
 Notice to Respondents of Day upon which Application 
 
 will be heard. 
 
 [Heading as in Application.] 
 
 Take Notice, that the judge of this Court will hear the 
 application, a sealed copy of which, with the particulars 
 thereunto appended [or annexed] and a sealed copy of an 
 affidavit filed in support thereof, is served herewith at 
 [state place of hearing] on the day of 
 
 19 , at the hour of in the noon ; and that if 
 
 you do not attend either in person or by your solicitor at 
 the time and place above mentioned, such order will be 
 made and proceedings taken as the judge may think just 
 and expedient. 
 
 Dated this day of 19 . 
 
 To Registrar. 
 
 of 
 
 [naming all the respondents].
 
 FORMS. 15o 
 
 312b - Forms. 
 TnE Agricultural Holdings (England) Acts, 7T1~Z~, 
 
 1883 to 1900 
 
 The Allotments and Cottage Gardens Compensation 
 for Crops Act, 1887. 
 
 Application for Order for Recovery of Money awarded 
 
 to be paid. 
 
 In tho County Court of holden at 
 
 [Reference number .] 
 
 In the matter of the Agricultural Holdings (England) 
 Acts, 1883 to 1900 [or in the matter of tho Allotments 
 and Cottage Gardens Compensation for Crops Act, 1887] 
 
 and 
 In the matter of an Arbitration between 
 A. B. 
 
 of, &c, Tenant, 
 
 and 
 
 a D. y 
 
 of, &c, Landlord. 
 
 Take Notice, that application will be made to the judge 
 at on the day of 19 , at the hour 
 
 of in the noon, on behalf of the above-named 
 
 A. B. for an order that the sum of /., being the 
 
 total amount [or the balance of the total amount] of (1) a 
 sum of /. which by an award made in the above- 
 
 mentioned malter on the day of 19 , was 
 
 awarded to be paid by the above-named C. D. to the 
 
 above-named A. B. , and of (2) a further sum of 
 
 I. for costs which by the said award were awarded 
 to be paid by the said C. D. to the said A. B. , 
 
 and which costs were subsequently agreed upon [or 
 allowed on taxation] at the sum of I., and which 
 
 said first-mentioned sum of I. remains unpaid, shall 
 
 be recoverable as money ordered by the Court under its 
 ordinary jurisdiction to be paid is recoverable ; 
 
 And further take notice, that an affidavit of filed 
 
 herewith [in the notice to be served on the opposite party, 
 substitute for the ivords a copy whereof is served herewith] 
 will be read in support of the application. 
 
 Dated this day of 19 . 
 
 (Signed) 
 
 Ajiplicant 
 [or Applicant's Solicitor]. 
 To the Ecgistrar of the Court 
 
 and to [naming the party against whom 
 the application is made']. 
 
 r. 7 (1).
 
 156 APPENDIX III. 
 
 Forms. S12q. 
 
 The Agricultural Holdings (England) Acts, 
 1883 to 1900. 
 
 Ord. XLa, The Allotments and Cottage Gardens Compensation 
 r. 7 (5). eor Crops Act, 1887. 
 
 Order for Recovery of Money awarded to be paid. 
 
 [Title as i?i Application.'] 
 
 Upon the application of , and upon reading an 
 
 award made in the above-mentioned matter on the 
 day of 19 , and an affidavit of sworn on the 
 
 day of 19 , and tiled on the day of 
 
 19 , and upon hearing \_the opposite party] [or if the 
 opposite party does not appear and no one appearing for 
 [the opposite party'] though proof has been made of his 
 having been duly served with notice of this application] ; 
 
 It is ordered by the judge of this Court that the above- 
 named A. B. do recover from the above-named C. D. 
 the sum of L, being the total amount [or the 
 balance of the total amount] of (1) a sum of I. which 
 by the said award was awarded to be paid by the above- 
 named C. D. to the above-named A. B. , and 
 of (2) a further sum of I. for costs which by the said 
 award were awarded to be paid by the said C. D. to 
 the said A. B. , and which costs were subsequently 
 agreed upon [or allowed on taxation] at the sum of I., 
 and which, said tirst-mentioned sum of I. remains un- 
 paid, together with the sum of I. for the costs of this 
 application ; and that in default of payment of the said 
 sums of /. and I. by the said C. D. to the 
 said A. B. within days from the date of this 
 order, the said sums or so much thereof as shall remain 
 unpaid shall be recoverable as money ordered by this 
 Court under its ordinary jurisdiction to be paid is re- 
 coverable. 
 
 Dated this day of 19 . 
 
 Registrar. 
 
 [As the forms relating to Agricultural Holdings will 
 seldom be required, they are not to be printed, but are to be 
 loritten on foolscap paper.]
 
 INDEX. 
 
 Acknowledgment, Separate, 32. 
 
 Adequacy of Compensation, 17. 
 
 Affirmation, 
 
 form of, 139. 
 
 Agent, 
 
 consent by, 129. 
 powers of, 17, 78. 
 
 Agistment, 51. 
 
 Agreement, 
 
 as to compensation, 16, 20, 27, 61, 84, 90, 114, 126, 130, 
 
 131, 135. 
 as to notice to quit, 39, 132. 
 for reference to two arbitrators, 136. 
 for substituted compensation, 17, 20, 27, 130, 131. 
 inconsistent with Agricultural Holdings Act, 59. 
 inconsistent with Allotments Act, 112. 
 particular, 21, 130, 131. 
 
 Agricultural Holding, 
 meaning of, 58. 
 
 Agricultural Holdings Act, 1875, 
 application of, 2, 16. 
 compensation under, 16, 87. 
 repeal of, 65. 
 
 Agricultural Holdings Act, 1883... 14. 
 agreement inconsistent with, 59. 
 application of, 58, 65. 
 commencement of, 58. 
 compensation under, exclusive, 60. 
 exclusion of, 59. 
 title of, 65. 
 
 Agricultural Holdings Act, 1900... 83. 
 arbitration under, 102. 
 commencement of, 99. 
 compensation under, 83. 
 rules under, 117. 
 title of, 99.
 
 158 INDEX. 
 
 Agricultural Machinery, 
 
 when not distrainable, 51. 
 
 Allotments, 
 
 compensation for, 112, 116. 
 definition of, 111. 
 outbuildings on, 113. 
 resumption for, 46. 
 
 Allotments and Cottage Gardens (Compensation for 
 Crops) Act, 1887... 111. 
 
 Appeal, 
 
 to Court of Appeal on special case, 91, 94. 
 to Quarter Sessions, 53. 
 when not allowed, 9, 91, 108. 
 
 Appointment of 
 
 arbitrators, 103, 105, 137, 138. 
 bailiffs, 56. 
 guardian, 31, 141. 
 next friend, 31, 142. 
 umpire, 106, 138. 
 
 Appraisement of 
 
 goods distrained, 56. 
 
 Arbitration, 
 
 agreements as to, 136, 137. 
 
 costs of, 104, 107, 108, 115. 
 
 evidence on, 103. 
 
 finality of, 104, 116. 
 
 forms for, 137. 
 
 rules as to, 102. 
 
 oath on, 139. 
 
 settlement of differences by, 90, 93, 94. 
 
 under Allotments Compensation Act, 114. 
 
 Arbitrator, 
 
 application for appointment of, 122. 
 
 appointment of, 102, 105, 114, 137. 
 
 award by, 104, 107. 
 
 death of, 103. 
 
 interest of, 108. 
 
 notice to act, 137. 
 
 reference to, 91. 
 
 removal of, 103, 145, 153. 
 
 statement of case by, 91, 104, 107, 143, 150. 
 
 Archbisiiop, 
 
 landlord, 38. 
 
 Asparagus, 
 
 planting of, 101. 
 
 Authority 
 
 to consent to improvements, 17.
 
 INDEX. 159 
 
 Award, 
 
 bad in part, 108. 
 
 correcting, 104. 
 
 costs of, 104, 108. 
 
 extension of time for, 125, 139. 
 
 finality of, 104, 108, 116.; 
 
 form of, 104, 118. 
 
 mistake in, 104. 
 
 setting aside, 104, 145, 153. 
 
 under Allotments Compensation Act, 115. 
 
 stamp on, 108. 
 
 time for, 103, 106. 
 
 Bailiffs, 56, 69. 
 
 Bankruptcy, 
 
 disclaimer on, 84. 
 
 notice to quit after, 38, 40. 
 
 Bishop, 
 
 landlord, 38. 
 
 Board of Agriculture, 
 
 appointment of arbitrator by, 102. 
 
 appointment of umpire by, 106. 
 
 arbitration controlled by, 107. 
 
 forms of application to, 122. 
 
 land charges made by, 34, 94. 
 
 rules by. 117. 
 
 superintendence of drainage loans by, 19. 
 
 Building, 
 
 compensation for, 100, 113. 
 
 forbidden on allotments, 113. 
 
 for market gardening business, 101. 
 
 Capabilities, 
 
 of the soil, 3, 87. 
 
 Capital Money under Settled Land Act, 19, 35. 
 
 Case, 
 
 statement of, in arbitration, 91, 104, 107, 143, 151. 
 
 Certiorari, 
 
 exclusion of, 54. 
 
 Charge of Compensation, 33, 75, 95. 
 incidence of, 35. 
 obtainable by trustee, 36. 
 powers of Board of Agriculture, 94. 
 registration of, 35, 37, 75, 95. 
 
 Charity Land, 45.
 
 160 INDEX. 
 
 Claim, 
 
 by landlord, 91, 134. 
 
 by tenant, 93, 134. 
 
 for breach of contract, 91, 135. 
 
 making of, 90, 92. 
 
 notice of, 7, 90, 92, 134. 
 
 under custom, 89. 
 
 Commissioners, 
 
 Charity, 45. 
 
 of Woods and Forests, 42. 
 
 Company, 
 
 land improvement, 19, 37. 
 
 Compensation for Improvements, 5, 15, 17, 71, 77, 83, 112. 
 after change of tenancy, 61. 
 agreements for, 127, 128, 129, 130, 131, 135. 
 by mortgagee, 71. 
 by reduction of rent, 48, 88. 
 charge in favour of tenant, 37. 
 charged on land, 33, 71, 95. 
 claim for, 7, 90, 134. 
 for improvement before Act, 97. 
 on market garden, 76. 
 proper mode of estimating, 87, 88. 
 recovery of, 30, 71, 74, 116, 149, 155. 
 reduction of, by sale of crops, 84, 88. 
 set-off against rent, 54, 71, 74. 
 substituted by agreement, 17, 20, 27, 129, 130. 
 under custom, 2, 5, 61, 84, 89. 
 
 Consent 
 
 to improvements, 17, 113. 
 
 to payment by incoming tenant, 60, 133. 
 
 to sell goods distrained, 50. 
 
 Contract, Breach of, 
 
 claim for, 91, 93, 134. 
 deduction for, 114. 
 
 Contract of Tenancy, 
 
 meaning of, 63, 111. 
 
 Corn, 
 
 compensation for consumption of, 101. 
 
 Cornwall, Duchy of, 44, 81. 
 
 Costs 
 
 in County Court, 32, 140. 
 
 of arbitration, 104, 107, 108, 115. 
 
 of distress, 68. 
 
 of removal of goods distrained, 56. 
 
 taxation of, 32, 104, 140, 148. 
 
 under Allotments Compensation Act, 115.
 
 INDEX. 161 
 
 Cottage Gardens, 
 
 compensation for, 110. 
 
 Cottages, [Resumption for, 40. 
 
 County Court, 
 
 appeal from, 91, 94, 108. 
 
 appointing bailiff, 50. 
 
 control of arbitration, 107. 
 
 costs in, 32, 140. 
 
 definition of, 64. 
 
 forms for proceedings in, 150. 
 
 in cases of distress, 52. 
 
 removal of arbitrator by, 103, 107, 145, 153. 
 
 rules for procedure, 141. 
 
 setting aside award, 104, 145, 153. 
 
 statement of case for opinion of, 91, 104, 143, 150. 
 
 Court of Summary Jurisdiction, 52. 
 
 Crops, 
 
 sale of, 84, 88. 
 
 Crown Lands, 42, 81. 
 
 Custom of Country, 
 
 compensation under, 2, 5, 61, 71, 84, 89. 
 
 cultivation according to, 94. 
 
 money paid in respect of, may be charged, 95. 
 
 Death 
 
 of arbitrator, 1 03. 
 
 of landlord before payment of compensation, 31. 
 
 of umpire, 106. 
 
 Determination of Tenancy, 
 definition, 63. 
 modes of, 84. 
 
 Disclaimer in Bankruptcy, 84. 
 
 Distress, 12, 48. 
 
 by mortgagee, 49. 
 
 costs of levying, 68. 
 
 disputes as to, 52, 150. 
 
 exceptions from, 51. 
 
 procedure after, 56. 
 
 request for removal of goods distrained, 56. 
 
 who may make, 49. 
 
 Drainage, 5, 18, 19, 100. 
 
 agreement for, 17, 128, 129. 
 manner of executing, 18. 
 notice of intention to execute, 128. 
 reasonable time for, 19. 
 statutes relating to, 19. 
 
 Duchies of Cornwall and Lancaster, 43, 44, 81. 
 
 o M
 
 162 INDEX, 
 
 Ecclesiastical Commissioners, 
 consent of, required, 44. 
 
 Entry, Power of, 95. 
 
 Estate, 
 
 limited, 34, 47. 
 of inheritance, 47. 
 
 Evidence, 
 
 before arbitrator, 91, 103, 107. 
 giving false, 91. 
 
 Exemption from Penalties, 96. 
 
 Extension of Time, 
 
 for award, 103, 106, 139. 
 for replevying, 56. 
 
 Fixtures, 11, 40, 113. 
 
 in market garden, 77, 78. 
 notice of removal, 132. 
 purchase by landlord, 41. 
 purchase by tenant, 95. 
 removal of, 40, 42. 
 tenant's, 41. 
 
 Forfeiture of Lease, 85. 
 
 Fruit Trees and Bushes, 
 
 compensation for, 100, 101, 113. 
 removal of, 77, 78. 
 
 Gardens, 
 
 application of Acts to, 58. 
 cottage, 111. 
 definition of, 81. 
 for labourers, 46. 
 making of, 100. 
 market, 76. 
 
 Guardian, 
 
 appointment of, 31, 141. 
 
 Hay, 
 
 sale of, 88. 
 
 UDConsnmcd, claim for, 93, 135. 
 
 Holding, 
 
 definition, 64. 
 
 power of landlord to enter, 95. 
 retention of part of, 8, 90. 
 to what, Acts apply, 58.
 
 INDEX. 163 
 
 Improvements, 
 
 begun but not finished, 62. 
 
 compensation fur, see Compensation. 
 
 consent to, I'll). 
 
 during former tenancy, 61. 
 
 during last year of tenancy, 62. 
 
 executed before Act of 1900... 97. 
 
 list of, 100. 
 
 purchased from outgoing tenant, 60, 79. 
 
 resumption for, 46. 
 
 schedule of, 100. 
 
 under Allotments Compensation Act, 113. 
 
 value of, 87, 88. 
 
 Infant, 
 
 guardian for, 31, 141. 
 
 Inherent Capabilities, 3, 83, 87. 
 
 Interpretation Clause, 
 
 Agricultural Holdings Act, 1 883 ... 63 . 
 Allotments Compensation Act, 111. 
 Market Gardeners' Compensation Act, 81, 
 
 Justices, 
 
 appeal from, 53. 
 
 appointment of arbitrator by, 114. 
 
 jurisdiction in case of distress, 52. 
 
 Lancaster, Duchy of, 43. 
 
 Land Charges, 
 
 power of Board of Agriculture to make, 94. 
 registration of, 35, 37, 75, 95. 
 
 Land Company, 
 
 advances by, 19, 37. 
 
 Landlord, 
 
 archbishop or bishop, 38. 
 charge obtained by, 33, 34. 
 claim by, 91, 134. 
 definition of, 63. 
 designation of, 64. 
 incumbent, 45. 
 leaseholder, 87. 
 limited owner, 34, 47. 
 mortgagee, 49, 64, 71, 72. 
 power to enter holding, 95. 
 repudiation of title of, 85. 
 trustee, 36. 
 
 M 2
 
 164 INDEX. 
 
 Lands, 
 
 charity, 45. 
 
 Crown, 42, 81. 
 
 Duchies of Lancaster and Cornwall, 43, 44, 81. 
 
 ecclesiastical, 44. 
 
 glebe, 45. 
 
 Lease, 
 
 forfeiture of, 85. 
 
 tenancy implied under agreement for, 49. 
 
 under a power, 49. 
 
 Leaseholder, 
 
 charge obtained by, 36. 
 compensation where landlord, 87. 
 
 Limitation 
 
 to right of distress, 48. 
 
 Limited Owner, 
 
 charge obtained by, 34. 
 powers of, 47. 
 
 Live Stock, 
 
 agisted, 50. 
 
 compensation for corn consumed by, 101. 
 
 definition of, 64, 
 
 exemptions from distress, 50, 52. 
 
 Lucerne, 
 
 laying down with, 101. 
 
 Machinery, 
 
 exempted from distress, 51. 
 
 Magistrate, see Justices. 
 
 Manures, 
 
 applied in last year of tenancy, 61 . 
 compensation for, 20, 88, 101, 113. 
 definition of, 97. 
 references to, 97. 
 
 Market Garden, 
 
 application of Acts to, 58, 79. 
 fixtures on, 77, 78. 
 improvements on, 77, 101. 
 meaning of, 81. 
 removal of fruit trees, 78. 
 treatment as, 76. 
 
 Market Gardeners' Compensation Act, 1895... 76. 
 application to current tenancies, 7!». 
 retrospective effect of, 80.
 
 INDEX. 165 
 
 Married "Woman, 
 
 provisions respecting, 32. 
 
 Mining, 
 
 resumption for, 46. 
 
 Month, 
 
 meaning of, 18. 
 
 Mortgagee, 
 
 eviction by, 71. 
 
 landlord, 64, 72. 
 
 leases by, 73. 
 
 recovery of compensation from, 74. 
 
 rigbt to distrain, 49. 
 
 Mortgagor, 
 
 leases by, 72. 
 
 Next Friend, 
 
 appointment of, 31. 
 
 Notice, 
 
 of appeal to Quarter Sessions, 53. 
 
 of appointment of arbitrator, 105, 138. 
 
 of claim by landlord, 91, 93, 134. 
 
 of claim by tenant, 90, 92, 134, 135. 
 
 of bearing of application to County Court, 151, 154. 
 
 of intention to remove fixtures, 40, 132. 
 
 service of, 32. 
 
 to arbitrator to act, 137. 
 
 to purchase fixture, 132. 
 
 under arbitration rules, 103, 106. 
 
 Notice to Quit, 10, 38. 
 
 agreement as to, 132. 
 as to part of holding, 46, 132. 
 by mortgagee, 71, 74. 
 exclusion of section as to, 38. 
 general law as to, 39. 
 improvements after, 61. 
 
 Oath, 
 
 form of, 139. 
 
 Particular Agreement, 20, 21. 
 forms of, 130, 131. 
 
 Particulars 
 
 of award, 104. 
 of claim, 92.
 
 166 INDEX. 
 
 Pasture, 
 
 breaking up, 96. 
 
 compensation for temporary, 101. 
 
 making of permanent, 100, 126. 
 
 Payment, 
 
 time for, 104, 116. 
 
 Penal Rents, 13, 96. 
 
 Power, 
 
 of entry by landlord, 95. 
 of limited owners, 47. 
 
 Procedure 
 
 after levying distress, 56. 
 
 in County Court, 141. 
 
 on appeal to Quarter Sessions, 53. 
 
 on arbitration, 102. 
 
 Recovery 
 
 of compensation, 30, 71, 74, 116, 149, 155. 
 
 Reference, 
 
 as to compensation, 8, 90. 
 
 as to fixtures, 41. 
 
 costs of, 104, 10S, 140, 148. 
 
 on resumption for improvements, 46. 
 
 Registrar of County Court, 
 
 jurisdiction of, 25, 143, 144, 145. 
 
 Registration of Land Charges, 35, 37, 75, 95. 
 
 Rent, 
 
 deduction from compensation, 114. 
 
 penal, 13, 96. 
 
 reservation of best, 47. 
 
 set-off against, 54, 71, 74. 
 
 to be paid before removal of fixtures, 40. 
 
 Repeals, 65, 98, 109. 
 
 Replevying, 
 
 extension of time for, 56. 
 
 Repudiation of Landlord's Title, 85. 
 
 Resumption for Improvements, 46. 
 
 RnUBARB, 
 
 planting of, 101. 
 
 Rules 
 
 of Board of Agriculture, 117. 
 of County Court, 141. 
 for arbitrations, 102. 
 for costs of distress, 67.
 
 INDEX. 167 
 
 Sainfoin, 
 
 laying down with, 101. 
 
 Saving 
 
 of rights, 62. 
 
 Schedule, 
 
 first, 100. 
 second, 102. 
 
 Scotland, 
 
 application of Act to, 98. 
 
 Service 
 
 of notices, &c, 32, 146, 148. 
 
 Set-ofe 
 
 against rent, 54, 71, 74. 
 
 Sitting Tenant, 86. 
 
 Soil, 
 
 inherent capabilities of, 3, 87. 
 
 Special Case, 
 
 for County Court, 91, 104, 107, 143. 
 order for statement of, 104, 142. 
 
 Statutes, 
 
 2 W. & M. c. 5. ..55. 
 
 3 & 4 Will. IY. c. 27, s. 42... 49. 
 
 6 & 7 Will. IV. c. 71 (Tithe, 1836), 75. 
 
 5 & 6 Vict. c. 122 (Bankruptcy), 82. 
 
 8 & 9 Vict. c. 56 (Land Drainage, 1845), 19. 
 
 c. 106 (Eeal Property Amendment, 1845), 86. 
 9& 10 Vict. c. 101... 19. 
 
 10 & 11 Vict. c. 11... 19. 
 
 11 (S?12 Vict. c. 119. ..19. 
 
 12 & 13 Vict, c. 92 (Cruelty to Animals, 1849), s. 26. ..54. 
 
 13 & 14 Vict c. 31... 19. 
 
 18 & 19 Vict. c. 120 (Metropolis Management, 1855), 111. 
 
 19 & 20 Vict. c. 9... 19. 
 
 26 & 27 Vict. c. 49 (Duchy of Cornwall Management, 
 
 1863), 44. 
 
 27 & 28 Vict. c. 114 (Improvement of Land, 1864), 19, 
 
 37, 38. 
 29 & 30 Vict. c. 62 (Crown Lands, 1866), s. 1 ...43. 
 32 & 33 Vict. c. 62 (Debtors, 1869), 31. 
 42 & 43 Vict. c. 49 (Summary Jurisdiction, 1879), ss. 6, 7, 
 
 31, 34. ..53, 54. 
 44 & 45 Vict. c. 41 (Conveyancing and Law of Propertv, 
 
 1881), s. 18. ..49, 72. 
 s. 39... 32.
 
 168 INDEX. 
 
 Statutes — continued. 
 
 44 & 45 Vict. c. 49 (Irish Land, 1881), 65. 
 
 45 & 46 Vict. c. 38 (Settled Land, 1882), 19, 34. 
 
 ss. 3, 7, 11, 32, 33, 35... 35. 
 c. 75 (Married Women's Property, 1882), 
 31, 32. 
 
 46 & 47 Vict. c. 52 (Bankruptcy, 1883), s. 55... 85. 
 
 49 & 50 Vict. c. 50 (Removal Terms (Scotland), 1886), 97. 
 
 50 & 51 Vict. c. 48 (Allotments, 1887), 112, 113, 116. 
 
 51 & 52 Vict. c. 21 (Law of Distress Amendment, 1888), 
 
 ss. 5, 6, 7. ..56, 67. 
 c. 41 (Local Government, 1888), 111. 
 c. 51 (Land Charges Registration and 
 
 Searches, 1888), 35, 37, 75, 95. 
 
 52 & 53 Vict. c. 49 (Arbitration, 1889), 92, 94, 98. 
 
 c. 63 (Interpretation, 1889), 18. 
 54 & 55 Vict. c. 39 (Stamp, 1891), 108. 
 
 56 & 57 Vict. c. 53 (Trustee, 1893), ss. 1, 5... 37. 
 
 c. 56 (Fertilisers and Feeding Stuffs, 1893), 
 131. 
 
 57 & 58 Vict. c. 13 (Arbitration (Scotland), 1894), 98. 
 
 58 & 59 Vict. c. 24 (Law of Distress Amendment, 1895), 
 
 ss. 1, 2, 4. ..57. 
 
 59 & 60 Vict. c. 16 (Agricultural Eates, 1896), 58. 
 
 60 & 61 Vict. c. 29 (Market Gardeners' Compensation 
 
 (Scotland), 1897), 98. 
 62 & 63 Vict. c. 46 (Improvement of Land, 1899), 19, 38. 
 
 Straw, 
 
 claim for unconsumed, 93, 135. 
 
 Strawberry Beds, 
 
 ploughing of, 79. 
 
 Substituted Compensation, 17, 20, 27. 
 agreement for, 129, 130. 
 award of, 27. 
 
 Summary Jurisdiction, 
 Court of, 53. 
 
 Surrender, 86. 
 
 Tenancy, 
 
 change of, 61, 86. 
 current, 63, 79. 
 determination of, 84. 
 new, how created, 21, 86. 
 
 Tenancy from Year to Year, 64. 
 
 Tenant, 
 
 breaches of contract by, 94. 
 compensation to, 76, 83. 
 designation of, 64.
 
 INDEX. H)*.» 
 
 Tenant — continued. 
 
 further claim by, 91, 93. 
 
 liability for waste, 93. 
 
 meaning of, 63. 
 
 outgoing and incoming, 60, 79, 133. 
 
 sitting, 86. 
 
 Tenants' Compensation Act, 1890... 70. 
 
 Tenant's Fixtures, 41. 
 
 Tillages, 
 
 claim for, 93, 135. 
 
 Tithe Rent-charge, 
 
 owner of, not a mortgagee, 75. 
 
 Trade Fixtures, 41. 
 
 Trees, 
 
 fruit, compensation for, 100, 101, 113. 
 planting of, 46. 
 removal of, 77, 78. 
 
 Trustee, 
 
 landlord, 36. 
 
 in bankruptcy, 84. 
 
 Umpire, 
 
 application for appointment of, 124. 
 
 appointment of, 106, 138. 
 
 award by, 106. 
 
 death of, 106. 
 
 recital of appointment of, 122. 
 
 request to appoint, 139. 
 
 Unsound Mind, 
 
 person of, 31, 141. 
 
 Value of Improvement, 87. 
 
 proper method of ascertaining, 88. 
 
 Vegetable Crops, 101. 
 
 Waste, 
 
 claim for, by landlord, 91, 134. 
 what it consists of, 93. 
 
 Si 
 
 N
 
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 ADMIRALTY.— Roscoe's Admiralty Practice.— Third Edition. By 
 E. S. Roscoe, Assistant Registrar, Admiralty Court, and T. Lambeet 
 Meaes, Esqrs., Barrister-at-Law. {In preparation.) 
 
 ADULTERATION.— Bartley's Adulteration of Food.— Statutes and 
 Cases dealing with Coffee, Tea, Bread, Seeds, Food and Drugs, 
 Margarine, Fertilisers and Feeding Stuffs, &c, &c, including the 
 Food and Drugs Act, 1899. Second Edition. By Douglas C. 
 Bakti.ey, Esq., Barrister-at-Law. Roy. 12ino. 1899. 8s. 
 
 " Not only concise but precise."— Law Times. 
 Cripps-Day's Adulteration (Agricultural Fertilisers and Feeding 
 Stuffs). — By Fbancis H. Ceipps-Day, Esq., Barrister-at-Law. 
 Royal l'2mo. 1894. 5s. 
 
 ADVOCACY.— Harris' Hints on Advocacy.— Conduct of Cases, Civii 
 and Criminal. Classes of Witnesses and Suggestions for Cross- 
 examining them, &c, &c. By Richard Habeis, Q.C. Eleventh 
 Edition, with an Introduction. Royal 12mo. 1897. 7s. 6d. 
 
 " Full of good sense and just observation. A very complete Manual of the 
 Advocate's art in Trial by Jury." — Solicitors' Journal. 
 
 "Deserves to be carefully read by the young barrister whose career is yet 
 before hun." — Law Magazine. 
 
 AFFILIATION.— Bott's Manual of the Law and Practice in 
 Affiliation Proceedings, with Statutes and Forms, Table of Gesta- 
 tion , Forms of Agreement, &c. By W. Holloway Bott, Solicitor. 
 Demy 12mo. 1894. 6s. 
 
 AGRICULTURAL LAW.— Dixon.— Vide "Farm." 
 
 Spencer's Agricultural Holdings (England) Acts, 1883— 1900, 
 with Explanatory Notes and General Forms ; also the Board of 
 Agriculture and County Court Rules and Forms, together with the 
 Allotments and Cottage Gardens Compensation for Crops Act, 1887. 
 — .Second Edition. By Aubeey J. Spencee, Esq., Barrister-at-Law. 
 Demy 8vo. 1901. 7s. Qd. 
 
 %* All standard Law Works are kept in Stock, i?i law calf and oilier bindings.
 
 STEVENS AND SONS, LIMITED, 
 
 ANNUAL COUNTY COURT PRACTICE.— The Annual County 
 Court Practice, 1901, — By His Honour Judge Smyly, Q.C. 2 vols. 
 Demy 8vo. 25s. 
 
 " The profession generally have gratefully recognized the very great value of 
 this book. It admirably fulfils the essential requisites of a practice book. It is 
 complete without being 1 discursive or of unwieldy bulk ; it is accurate and easy of 
 reference, and throughout bears the stamp of having been compiled by a man 
 who is thoroughly acquainted with his subject." — Law Times. 
 
 ANNUAL DIGEST.— Mews'.— Vide '•Digest." 
 
 ANNUAL LIBRARY, THE LAWYER'S:— 
 
 (1) The Annual Practice.— Snow, Buenet, and Steingeb. 
 
 (2) The Annual Digest. — Mews. {Also issued Quarterly.) 
 
 (3) The Annual Statutes. — Lely. 
 
 (4) The Annual County Court Practice. — Shyly. 
 
 [g^* Annual Subscriptions. For Complete Series, as above, delivered on 
 the day of publication, net, 21. 5s. Nos. 1, 2, and 3 only, net, 11. 15s. 
 Nos. 2, 3, and 4 only, net, 11. 15s. {Carriage extra, 2s.) 
 Full prospectus forwarded on application. 
 
 ANNUAL PRACTICE.— The Annual Practice. 1901. Edited by 
 Thomas Snow, Barrister-at-Law ; Chaeles Bueney, a Master of 
 the Supreme Court; and F. A. Steingee, of the Central Office. 
 2 vols. 8vo. Net 25s. 
 
 l^'Dr. Blake Odgers, Q.O., has re-written the Notes to Orders XIX., XX., 
 XXI., XXV. and XXVII T., relating to Pleading, Statement of Claim, De- 
 fence and Counter-claim , Proceedings inLieu of Demurrer, and Amendment. 
 
 "A book which every practising English lawyer must have." — Law Quarterly. 
 
 " It is only by the help of this established book of practice that a practitioner 
 can carry on his business." — Law Times. 
 
 " Every member of the bar, in practice, and every London solicitor, at all events, 
 finds the last edition of the Annual Practice a necessity." — Solicitors' Journal. 
 
 ANNUAL STATUTES.— Lely.— Vide "Statutes." 
 
 ARBITRATION.— Mozley-Stark's Duties of an Arbitrator under the 
 
 Workmen's Compensation Act, 1897.- With Notes on the Act 
 
 and Rules, and Appendices containing the Act, a selection from the 
 
 Workmen's Compensation Rules, 1898, and the Medical Referees T 
 
 Regulations. By A. Mozley-Staek, Solicitor. Roy. 12mo. 1898. 5s. 
 
 Russell's Treatise on the Power and Duty of an Arbitrator, 
 
 and the Law of Submissions and Awards; with an Appendix 
 
 of Forms, and of the Statutes relating to Arbitration. By Feancis 
 
 Russell. Eighth Edition. By Edwaed Pollock, Esq., an Official 
 
 Referee of the Supreme Court of Judicature, and the late Heebeet 
 
 Russell, Esq., Barrister-at-Law. Royal 8vo. 1900. 30s. 
 
 " The execution of the work leaves nothing to be desired."— Law Times. 
 
 "After a careful examination of the way in which the work has been done, 
 
 we may say that nothing which the practitioner will want to know seems to have 
 
 been omitted." — Law Journal. 
 
 ARCHITECTS.— Vide " Civil Engineers." 
 
 AVERAGE.— Hopkins' Hand-Book of Average.— Fourth Edition. 
 By Manley Hopkins, Esq. Demy 8vo. 1884. II. Is. 
 
 Lowndes' Law of General Average. — English and Foreign. 
 Fourth Edition. By Richaed Lowndes, Average Adjuster. Author 
 of " The Law of Marine Insurance," &c. Royal 8vo. 1888. 11. 10s. 
 " The most complete store of materials relating to the subject in every par- 
 ticular." — Law Quarterly Ileview. 
 
 AUCTIONEERS.— Hart's Law relatingto Auctioneers.— By Hebee 
 Haet, Esq., LL.D., Barrister-at-Law. Demy 8vo. 1895. 7s. 6d. 
 
 BANKING.— Walker's Treatise on Banking Law.— Second Edition. 
 By J. D. Walkee, Esq., Q.C. Demy 8vo. 1885. 15s. 
 
 BANKRUPTCY.— Lawrance's Precedents of Deeds of Arrange- 
 ment between Debtors and their Creditors; including Forms, 
 with Introductory Chapters, also the Deeds of Arrangement Acts, 
 1.SK7 and 181)0, with Notes. Fifth Ed. By Aethue Laweence, 
 Esq., Barrister-at-Law. Demy 8vo. 1900. 7s. Qd. 
 
 " Concise, practical, and reliable." — Law Times. 
 
 \* All standard Law Works are kept in Stock, in law calf and other bindings.
 
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 BANKRUPTCY— emtmued. 
 
 Williams' Law and Practice in Bankruptcy.— Comprising the 
 Bankruptcy Acts, 1883 to 1890, the Bankruptcy Rules aud Forms, 
 1886, 1890, the Debtors Acts, 1869, 1878, the Bankruptcy (Discharge 
 and Closure) Act, 18S7, the Deeds of Arrangement Act, 1887, and 
 the Rules thereunder. By the Rhjht Hon. Sir Roland L. Vatwhan 
 Williams, a Lord Justice of Appeal. Seventh Edition. By Edward 
 Wm. Hansell, Esq., Barrister-at-Law. Roy. 8vo. 1898. 30*. 
 
 " The leading text-book on bankruptcy."— Law Journal. 
 BASTARDY— Bott.— Vide "Affiliation." 
 
 BILLS OF EXCHANGE.— Campbell's Ruling Cases. Vol. IV.— 
 
 Fide " Digests," p. 10. 
 
 Chalmers' Digest of the Law of Bills of Exchange, Promissory 
 
 Notes, Cheques and Negotiable Securities. Fifth Edition. 
 
 By His Honour Judge Chalmers, Draughtsman of the Bills of 
 
 Exchange Act. Demy 8vo. 1896. 18*. 
 
 "The leading book on bills of exchange; it is well known, widely used, and 
 
 highly appreciated."— Lata Journal. 
 
 " Each section having appended to it illustrations in the nature of short statements 
 of decided cases. The.^e are prepared with that skilful conciseness of which the 
 learned Judge is a master."— Law Times. 
 
 BILLS OF LADING.— Leggett's Treatise on the Law of Bills of 
 
 Lading.— Second Edition. By Eugene Leggett, Solicitor and 
 
 Notary Public. Demy 8vo. 1893. 30s. 
 
 Pollock's Bill of Lading Exceptions.— By Henry E. Pollock. 
 
 Second Edition. Demy 8vo. 1896. 10*. Gd. 
 
 BOOK-KEEPING— Matthew Hale's System of Book-keeping for 
 Solicitors, containing a List of all Books necessary, with a compre- 
 hensive description of their objects and uses for the purpose of 
 Drawing Bills of Costs and the rendering of Cash Accounts to clients ; 
 also showing how to ascertain Profits derived from the business ; with 
 an Appendix. Demy 8vo. 1884. 5*. Gd. 
 
 " The most sensible, useful, practical little work on solicitors' book-keeping 
 that we have seen." — Law Students' Journal. 
 
 BUILDING SOCIETIES— Wurtzburg on Building Societies. — 
 The Law relating to Building Societies, with Appendices containing 
 the Statutes, Regulations, Act of Sederunt, and Precedents of Rides 
 and Assurances. Third Edition. By E. A. Wurtzburg, Esq., 
 Barrister-at-Law. Demy 8vo. 1895. 15*. 
 
 " Will be of use not only to lawyers but also to secretaries and directors of 
 building societies. It is a carefully arranged and carefully written book."— 
 Law Times. 
 
 CANALS.— Webster's Law Relating to Canals— By Robert Gf. 
 Webster, Esq., Barrister-at-Law. Demy 8vo. 1885. 1/. 1*. 
 
 CARDINAL RULES.— See " Legal Interpretation." 
 
 CARRIERS.— Carver's Treatise on the Law relating to the Car- 
 riage of Goods by Sea.— Third Edition. By Thomas Gilberi 
 Carver, Esq., Q.C. Royal 8vo. 1900. II. 16*. 
 
 " A recognized authority." — Solicitors' Journal. 
 
 " A careful and accurate treatise." — Law Quarterly Review. 
 
 Macnamara's Digest of the Law of Carriers of Goods and Pas- 
 sengers by Land and Internal Navigation. — By Walter Henry 
 Macnamara, Esq., Barrister-at-Law, Registrar to the Railway 
 Commission. Royal 8vo. 1888. II. 8s. 
 
 " A complete epitome of the law relating to carriers of every class." — Baihvay 
 Press. 
 
 CHAMBER PRACTICE.— Archibald's Practice at Judges' Cham- 
 bers and in the District Registries; with Forms of Summonses 
 and Orders. Second Edition. By W. F. A. Archibald, Esq., Bar- 
 rister-at-Law, and P. E. Vizard, of the Summons and Order De- 
 partment. Royal 12mo. 1886. 15*. 
 
 *.* All standard Law Works are kept in Stock, in law calf and other bindings. 
 
 A 2
 
 STEVENS AND SONS, LIMITED, 
 
 CHANCERY, and Vide "Equity." 
 
 Darnell's Chancery Practice. — The Practice of the Chancery Division 
 of the High Court of Justice and on appeal therefrom. Seventh 
 Edition. By Cecil C. M. Dale, C. W. Geeenwood, and Sydney 
 E. Williams, Esqrs., Barristers-at-Law. 2 vols. (In the press.) 
 
 Daniell's Formsand Precedents of Proceedings in theChancery 
 Division of the High Court of Justice and on Appeal there- 
 from. Fifth Edition. By Chaeles Bueney, B.A. Oxon., a 
 Master of the Supreme Court. Royal Svo. (In the press.) 
 
 Mews' Digest. — Vide "Digests," p. 11. 
 
 CHARTER PARTIES.— Carver.— Vide "Carriers." 
 
 Leggett's Treatise on the Law of Charter Parties. — By Eugene 
 Leggett, Solicitor and Notary Public. Demy Svo. 1894. 25s. 
 
 CHILDREN.— Hall's Law Relating to Children. By W. Claeke 
 Hall, Esq., Barrister-at-Law. Demy 8vo. 1894. 4s. 
 
 CHURCH LAW. —Whitehead's Church Law.— Being a Concise 
 Dictionary of Statutes, Canons, Regulations, and Decided Cases 
 affecting the Clergy and Laity. Second Edition. By Benjamin 
 Whitehead, Esq., Barrister-at-Law. Demy Svo. 1899. 10s. 6d. 
 "A perfect mine of learning on all topics ecclesiastical." — Daily Telegraph. 
 The Statutes relating to Church and Clergy, with Preface 
 and Index. By Benjamin Whitehead, Esq., Barrister-at-Law. 
 Royal Svo. 1894. 6s. 
 
 CIVIL ENGINEERS.— Macassey and Strahan's Law relating to 
 Civil Engineers, Architects and Contractors. — With a Chapter 
 on Arbitrations. Second Edition. By L. Livingston Macassey and 
 J. A. Steahan, Esqrs., Barristers-at-Law. Demy Svo. 1897. 12s. 6d. 
 
 COLLISIONS.— Marsden's Treatise on the Law of Collisions at 
 Sea. — Fourth Edition. By Reginald GL Maesden, Esq., Barrister- 
 at-Law. Demy 8vo. 1897. II. 8s. 
 "Mr. Marsden's book stands without a rival." — Law Quarterly Review. 
 " May be relied upon as a trustworthy authority." — Shipping Gazette. 
 
 COMMON LAW.— Chitty's Archbold's Practice. Fourteenth 
 
 Edition. By Thomas Willes Chitty, assisted by J. St. L. Leslie, 
 
 Esqrs., Barristers-at-Law. 2 vols. Demy Svo. 1885. (Published 
 
 at 3^. 13s. 6d.) Reduced to net, 30s. 
 
 Chitty's Forms.— Vide " Forms." 
 
 Elliott's Outlines of Common Law. — Specially prepared for Stu- 
 dents. By Martin Elliott, Esq., Barrister-at-Law. Demy 8vo. 
 1898. 10s. 6d. 
 
 " Will prove of the greatest assistance to students." — Law Times. 
 
 Mews' Digest, — Vide "Digests," p. 11. 
 
 Pollock and Wright's Possession in the Common Law. — 
 Parts I. and II. by Sir F. Pollock, Bart. , Barrister-at-Law Part III. 
 by R. S. Weight, Esq., Barrister-at-Law. 8vo. 1888. 8s. 6d. 
 
 Shirley. — Vide " Leading Cases." 
 
 Smith's Manual of Common Law. — For Practitioners and Students. 
 Comprising the Fundamental Principles, with useful Practical Rules 
 and Decisions. By Josiah W. Smith, B.C.L., Q.C. Eleventh Edit. 
 By C. Spcteling, Esq., Barrister-at-Law. Demy Svo. 1S98. 15s. 
 "The arrangement is clear and methodical, and will increase the usefulness 
 of the work, not only for elementary study, but as a handy book of reference." — 
 Law Quarterly lieview. 
 
 COMPANY LAW.— Hamilton's Complete Manual of Company 
 Law; including the Winding-up of Companies and the Com- 
 panies Act, 1900. Second Edition. By W. F. Hamilton, LL.D. 
 Lond., Q.C. (In the press.) 
 
 *»" All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 5 
 
 COMPANY LAW— continued. 
 
 Palmer's Company Precedents. — For use in relation to Companies 
 subject to the Companies Acts: 
 
 Part I. COMPANY FORMS. Arranged as follows:— Promoters, 
 Prospectuses, Underwriting, Agreements, Memoranda and Articles 
 of Association, Private Companies, Employes' Benefits, Resolutions, 
 Notices, Certificates, Powers of Attorney, Debentures and Debenture 
 Stock, Banking and Advance Securities, Petitions, Writs, Pleadings, 
 Judgments and Orders, Reconstruction, Amalgamation, Special Acts. 
 With Copious Notes and an Appendix containing the Acts and Rules. 
 Seventh Edition. By Francis Beaufort Palmer, Esq., Barrister-at- 
 Law, assisted by the Hon. Charles Macnaghten, Q.C., and Arthur 
 John Chitty, Esq., Barrister-at-Law. Royal 8vo. 1S98. 36s. 
 
 " No company lawyer can afford to be without it." — Law Journal. 
 
 Part II. WINDING-UP FORMS AND PRACTICE. Arranged as 
 follows: — Compulsory Wmding-Up. Voluntary Winding-Up, Wind- 
 ing- Up under Supervision, Arrangements and Compromises, with 
 Copious Notes, and an Appendix of Acts and Rules. Eighth Edition. 
 By Francis Beaufort Palmer, assisted by Frank Evans, Esqrs., 
 Barristers-at-Law. Royal 8vo. 1900. 32*. 
 
 " Palmer's ' Company Precedents ' is the book par excellence for practitioners. 
 There is nothing we can think of which should be within the covers which we do 
 not find." — Law Journal. 
 
 Part III. DEBENTURES AND DEBENTURE STOCK, including 
 Debentures, Trust Deeds, Stock Certificates, Resolutions, Prospectuses, 
 Writs, Pleading's, Judgments, Orders, Receiverships, Notices, Mis- 
 cellaneous. With Copious Notes. Eighth Edition. By Francis 
 Beaufort Palmer, Esq., Barrister-at-Law. Royal 8 vo. 1900. 21*. 
 
 " The result of much careful s-tudy Simply invaluable to debenture- 
 holders and to the legal advisers of such investors." — Financial X ws. 
 
 "Embraces practically the whole law relating to debentures and debenture 
 stock. . . . Must take front rank among the works on the subject." — Laiv Times. 
 
 Palmer's Company Law. — A Practical Handbook for Lawyers and 
 Business Men. Based on Lectures delivered in the Inner Temple 
 Hall at the Request of the Council of Legal Education. With an 
 Appendix containing the Companies Acts, 1862 to 1898, and Rules. 
 Second Edit. By Francis Beaufort Palmer, Esq. , Barrister-at-Law, 
 Author of " Company Precedents," &c. Royal 8vo. 1898. 12.s. Qd. 
 
 " The work is a marvel— for clearness, fulness, and accuracy, nothing could 
 be better." — Law Notes. 
 
 " Of especial use to students and business men who need a clear exposition by 
 a master hand." — Law Journal. 
 
 " The subject is dealt with in a clear and comprehensive manner, and in such 
 a way as to be intelligible not only to lawyers but to others to whom a knowledge 
 of Company Law may be essential." — Law Students' Journal. 
 
 " All the principal topics of company are dealt with in a substantial manner, 
 the arrangement and typography are excellent, and the whole of the Statute 
 Law — an indispensable adjunct — is collected in an appendix. Perhaps what 
 practising lawyers and business men will value most is the precious 
 
 quality Of practicality."— Law Quarterly Review. 
 
 " Popular in style, also accurate, with sufficient references to authorities to 
 make the book useful to the practitioner." — The Times. 
 
 Palmer's Companies Act, 1900, with Explanatory Notes, and 
 Appendix containing Forms, together with Addenda to ' ' Company 
 Precedents." Second Edition. By Francis Beaufort Palmer, 
 Esq., Barrister-at-Law. Royal 8vo. 1901. (Nearly ready.) 
 
 " It is essentially a book that all interested in companies or company law 
 
 should procure." — l-aw Time.':, Uec. 8, 1900. 
 
 " This book will be indispensable in considering the new requirements, and 
 
 how they are to be met." — Solicitors' Journal, Dec. 8, 1900. 
 
 Palmer's Private Companies and Syndicates, their Formation and 
 Advantages ; being a Concise Popular Statement of the Mode of Con- 
 verting a Business into a Private Company, and of establishing and 
 working Private Companies and Syndicates for Miscellaneous Pur- 
 poses. Fifteenth Edition. By F. B. Palmer, Esq., Barrister-at- 
 Law. 12mo. 1899. Net, U. 
 
 %* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 6 STEVENS AND SONS, LIMITED, 
 
 COMPANY LAW— continued. 
 
 Palmer's Shareholders, Directors, and Voluntary Liquidators' 
 Legal Companion. — A Manual T)f Every-day Law and Practice for 
 Promoters, Shareholders, Directors, Secretaries, Creditors, Solicitors, 
 and Voluntary Liquidators of Companies under the Companies Acts, 
 1862 to 1900, with Appendix of useful Forms. Twentieth Edit. By 
 F. B. Palmer, E-<q., Barrister-at-Law. I'imo. 1901. Net,1s.$d. 
 
 COMPENSATION. — Cripps' Treatise on the Principles of the 
 Law of Compensation, Fourth Edition. By C. A. Cripps, Esq., 
 Q.C. Royal 8vo. 1900. II. hs. 
 
 "An accurate and complete exposition of the law relating 1 to compensation." 
 — Law Journal, June 9, 19<X). 
 
 "Mr. Cripps' book is recognized as one of the best. . . . There are few men 
 •whose practical knowledge of the subject exceeds that of the learned author." — 
 Law Quarterly Review, July, 1900. 
 
 COMPOSITION DEEDS.— Lawrance.— Hrfe " Bankruptcy." 
 
 CONDITIONS OF SALE.— Webster.— Tide "Vendors and Pur- 
 chasers." 
 
 CONFLICT OF LAWS.— Campbell's Ruling Cases. Vol. V.— Vide 
 "Digests," p. 10. 
 
 Dicey's Digest of the Law of England with reference to the 
 Conflict of Laws,— By A. V.Dicty, Esq., Q.C, B.C.L. With Notes 
 of American Cases, hy Professor Moore. Royal 8vo. 1S96. 1/. 10*. 
 " One of the most valuable books on English law which has appeared for 
 some time. Thorough and minute in the Ireatment of the subject, cautious and 
 judicial in spirit, this work is obviously the result of protracted labour." — The 
 Times. 
 
 CONSTITUTION.— Anson's Law and Custom of the Constitution. 
 By Sir William R. Anson, Bart., Barrister-at-Law. Demy 8vo. 
 Part I. Parliament. Third Edition. 1897. 12*. 6d. 
 
 Part II. The Crown. Second Edition. 1896. 14*. 
 
 CONTRACT OF SALE.— Blackburn.— Vide "Sales." 
 
 Moyle's Contract of Sale in the Civil Law. — By J. B. Moyle, 
 Esq., Barrister-at-Law. 8vo. 1892. I0s.6d. 
 
 CONTRACTS. — Addison on Contracts. — A Treatise on the Law of 
 Contracts. 9th Edit. By Horace Smith, Esq., Bencher of the Inner 
 Temple, Metropolitan Magistrate, assisted by A. P. Perceval Keep, 
 Esq., Barrister-at-Law. Royal 8vo. 1892. 11. 10s. 
 
 " This and the companion treatise on the law of torts are the most complete 
 works on these subjects, and form an almost indispensable part of every lawyer's 
 library." — Law Journal. 
 
 Anson's Principles of the English Law of Contract.— By Sir 
 W. R. Anson, Bart., Barrister-at-Law. Ninth Edit. 1899. 10s. 6d. 
 
 Fry. — Vide "Specific Performance." 
 
 Leake's Law of Contracts. — A Digest of Principles of the Law of 
 Contracts. Fourth Edition. By A. E. Randall, Esq., Barrister- 
 at-Law. (/" preparation.) 
 
 Pollock's Principles of Contract. — Being a Treatise on the General 
 Principles relating to the Validity of Agreements in the Law of 
 England. Sixth Edition. By Sir Frederick Pollock, Bart., Bar- 
 rister-at-Law, Author of "The Law of Torts," "Digest of the 
 Law of Partnership," &c. Demy 8vo. 1894. 28s. 
 
 "A work which, in our opinion, shows great ability, a discerning intellect, a 
 comprehensive mind, and painstaking industry." — Laic Journal. 
 
 CONVEYANCING.— Brickdale & Sheldon.— Vide "Land Transfer." 
 Dart. — Vide " Vendors and Purchasers." 
 
 Dickins' Precedents of General Requisitions on Title, with Ex- 
 planatory Notes and Observations. Second Edition. By Herisert. 
 A. Dickins. Esq., Solicitor. Royal 12mo. 1*98 5*. 
 
 " We cannot do better than Hdvise every lawyer with a conveyancing practice 
 to purchase the little book and place it on his shelves forthwith "—Law Notes. 
 
 * # * All standard Law Works are kept in Slock, in law calf and other bindings.
 
 119 & 120. CHANCERY LANE. LONDON. W.O. 7 
 
 CONVEYANCING— continued. 
 
 Greenwood's Manual of the Practice of Conveyancing, showing 
 the present Practice relating to the daily routine of Conveyancing in. 
 Solicitors' Offices. To which are added Concise Common Forms in 
 Conveyancing. — Ninth Edit. Edited by Harry Greenwood, M.A., 
 LL.D., Esq.. Barrister-at-Law. Roy. 8vo. 1897. 20s. 
 
 " The ninth edition will maintain the reputation whi.-h the work has long ago 
 acquired of being one of the best expositions which the English lawyer po-sesi-es 
 of the present practice relating to the daily routine of conveyancing in solicitors' 
 offices. We have tested it at various points of a somewhat critical character, and 
 hav'- no hesitation in pronouncing it up to date and in every way reliable as a 
 guide to modem conveyancing practice." — Literature. 
 
 " We should like to see it placed by his principal in the hands of every articled 
 clerk. One of the most useful practical works we have ever seen." — Law Stu. Jo. 
 
 Hood and Challis' Conveyancing and Settled Land Acts, and 
 some other recent Acts affecting Conveyancing. With Commentaries. 
 By H. J. Hood and H. W. Challis. Fifth Edition. By H. W. 
 Challis, assisted by J. I. Stirling, Esqrs., Barristers-at-Law. 
 Royal 8vo. 1898. 18s. 
 
 " That learned, excellent and useful work." — Law Times. 
 
 "This is the best collection of conveyancing statutes with which we are 
 acquainted. . . . The excellence of the commentaries which form part of this 
 book is so well known that it needs no recommendation frornus." — Law Journal. 
 
 Jackson and Gosset's Precedents of Purchase and Mortgage 
 Deeds. — By W. Howland Jackson and Thorold Gosset, Esqrs., 
 Barristers-at-Law. Demy 8vo. 1899. 7ft. 6d. 
 
 "Not the least merit of the collection is that each Precedent is complete in 
 itself, so that no dipping about and adaptation from other parts of the book are 
 necessary." — Law Journal. 
 %* This forms a companion volume to " Investigation of Title" by 
 
 the same Authors, vide p. 17. 
 Palmer, — Vide " Company Law." 
 
 Prideaux's Precedents in Conveyancing — With Dissertations on 
 its Law and Practice. 18th Edit. By John Whitcombe and 
 Benjamin Lennard Cherry, Esqrs., Barristers-at-Law. 2 vols. 
 Royal 8vo. 1900. 3/. 10s. 
 
 " ' Prideaux ' is the best work on Conveyancing." — Law Journal. 
 " Accurate, concise, clear, and comprehensive in scope, and we know of no 
 treatise upon Conveyancing which is so generally useful to the practitioner." — 
 Law Times. 
 
 "Recent legislation has compelled the Editor to re-write some of the pre- 
 liminary dissertations. He has evidently taken great pains to incorporate the 
 effect of the Land Transfer Act of 1S97."— The Times. 
 
 CORONERS.— Jervis on Coroners.— The Coroners Acts, 1S87 and 
 1892. With Forms and Precedents. Sixth Edition. By R. E. 
 Melsheimer, Esq., Barrister-at-Law. Post 8vo. 1898. 10s. 6d. 
 "In all respects adequate and exhaustive." — Law Times. 
 
 COSTS. — Johnson's Bills of Costs in the High Court of Justice 
 and Court of Appeal, in the House of Lords and the Privy Council ; 
 ■with the Scales of Costs and Tables of Fees in use in the Houses of 
 Lords and Commons, relative to Private Bills ; Election Petitions, 
 Parliamentary and Municipal. Inquiries and Arbitrations under the 
 Lands Clauses Consolidation Act, the Light Railway Act and other 
 Arbitrations. Proceedings in the Court of the Railway and Canal 
 Commission, in the Couuty Court and the Mayor's Courts. The 
 Scales of Costs and Tables of Fees in use in the Court of Passage, 
 Liverpool. Conveyancing Costs and Costs between Solicitors and 
 their Clients ; with Orders and Rules as to Costs and Court Fees, 
 and Notes and Decisions relating thereto. By Horace Maxwell 
 Johnson, Esq., Barrister-at-Law. Second Edition. Royal 8vo. 
 1901. II. 15s. 
 
 " It is difficult to conceive how any costs clerk or solicitor can go wrong with 
 a work of this kind to gruide him." — Law Times. 
 
 " We consider the book marvellously accurate, and we are able to commend 
 it in all confidence. On the law of bills of costs the practitioner, let his business 
 be as wide as it may, wants uothing but such a work as the one before us." — 
 Law Notes. 
 
 %* All standard Law Works are kept in Slock, in laic calf and other bindings.
 
 8 STEVENS AND SONS, LIMITED, 
 
 COSTS — continued. 
 
 Summerhays and Toogood's Precedents of Bills of Costs. 
 Seventh Edition. By Thornton Toogood, Thomas Chaeles Summer- 
 hays, and C. Gilbert Baebee, Solicitors. Royal 8vo. 1896. 11. 10*. 
 
 Webster's Parliamentary Costs.— Private Bills, Election Petitions, 
 Appeals, House of Lords. Fourth Edition. By C. Cavanagh, Esq., 
 Barrister-at-Law. Post 8vo. 1881. 20s. 
 
 COUNTY COURTS. — The Annual County Court Practice, 
 1901.— By His Honour Judge Smylt, Q.C. '2 vols. 8vo. 11. «*>«. 
 %* A Supplement containing New Rules, &c. (In preparatic-'.'y 
 "Invaluable to the County Court practitioner." — Law Journal. 
 
 COVENANTS.— Hamilton's Concise Treatise on the Law of 
 Covenants. — By G. Baldwin Hamilton, Esq., Barrister-at-Law. 
 Demy 8vo. 1888. 7s. M. 
 
 CRIMINAL LAW.— Arch bo Id's Pleading, Evidence and Practiced 
 Criminal Cases. — With the Statutes, Precedents of Indictments, &c. 
 Twenty-second Edition. By William F. Ceaies and Guy Stephen - 
 son, Esqrs.. Barristers- at-Law. Demy 8vo. 1900. 11. lis. 6d. 
 
 " Arch hold ' is the one indispensable book for every barrister or solicitor who> 
 practises regularly in the criminal Courts." — Solicitors' Journal, March 3, 1900. 
 
 Chitty's Collection of Statutes relating to Criminal Law. — (Re- 
 printed from "Chitty's Statutes.") With an Introduction and Index. 
 By W. F. Ceaies, Esq., Barrister-at-Law. Royal 8vo. 1894. 10s. 
 
 Disney and Gundry's Criminal Law.— A Sketch of its Principles 
 and Practice. By Henry W. Disney and Harold Gundry, Esqrs., 
 Barristers-at-Law. Demy 8vo. 1895. 7s. 6d. 
 
 " We think we have here just what students want. The work is based upon a 
 perfect knowledge of the statute law, and is compiled from the best and most 
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 Kershaw's Brief Aids to Criminal Law.— With Notes on the Pro- 
 cedure and Evidence. By Hilton Kershaw, Esq., Barrister-at- 
 Law. Royal 12mo. 1897. 3s. 
 
 Mews. — Vide "Digest." 
 
 Roscoe's Digest of the Law of Evidence in Criminal Cases. — 
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 Law. Demy8vo. 1898. U, lis. 6d. 
 "To the criminal lawyer it is his guide, philosopher and friend. What 
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 Russell's Treatise on Crimes and Misdemeanors, — Sixth Edit. 
 
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 — The Times. — — _ . _ __ ^___ 
 
 Shirley's Sketch ofthe Criminal Law. — Second Edition. BvCharles 
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 DEATH DUTIES,— Freeth's Acts relating to the New Death Duty, 
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 DIARY.— Lawyers' Companion (The) and Diary, and London and 
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 DIGESTS. — Campbell's Ruling Cases. — Arranged, Annotated, and 
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 I. — Abandonment— Action 
 II.— Action— Amendment. 
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 IV.- Bankruptcy— Bill of Lading. 
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 VIII.— Criminal Law — Deed. 
 IX.— Defamation — Dramatic and 
 Musical Copyright. 
 X. — Easement— Estate. 
 
 XI.— Estoppel — Execution. 
 XII.— Executor — Indemnity. 
 XIII. — Infant— Insurance. 
 XIV. — Insurance— Interpretation. 
 XV.— Judge— Landlord and Tenant 
 XVI. — Larceny— Mandate. 
 XVII.— Manorial Right— Mistake. 
 XVIII. — Mortgage— Negligen.ee. 
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 An Addendum, containing, under the appropriate title and rule, Notes of 
 
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 All the useful authorities of English Case Law, from the earliest period 
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 The matter under each alphabetical heading is arranged in sections, in 
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 Dale and Lehmann's Digest of Cases, Overruled, Not Followed, 
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 DOMESDAY BOOK AND BEYOND.— Three Essays in the Early 
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 EASEMENTS.— Campbell's RulingCases. Vol. X.— Vide" Digests." 
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 Whitehead's Church Law. — Being a Concise Dictionary of Statutes, 
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 ELECTION S— continued. 
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 Crown 8vo. 1893. 4*. 
 
 " Indispensable to all commissioners." — Solicitors' Journal. 
 
 OTTOMAN CIVIL LAW.— Grigsby's Medjelle, or Ottoman Civil 
 Law. — Translated into English. By W. E. Grigsbt, LL.D., Esq., 
 Barrister-at-Law. Demy 8vo. 1895. 21s. 
 
 PARISH LAW. — Humphreys' Parish Councils. — The Law relating 
 to Parish Councils, being the Local Government Act, 1894 ; with 
 an Appendix of Statutes, together with an Introduction, Notes, and 
 a Copious Index. Second Edition. By George Humphreys, Esq., 
 Barrister-at-Law, Author of ' ' The Lawrelating to County Councils," 
 &c. Eoyal 8vo. 1895. 10s. 
 
 Steer's Parish Law. Being a Digest of the Law relating to the 
 Civil and Ecclesiastical Government of Parishes and the Relief of the 
 Poor. Sixth Edition. By W. H. Macnamara, Esq., Assistant 
 Master of the Supreme Court, Registrar of the Court constituted 
 under the Benefices Act, 1898. Demy 8vo. 1899. 20s. 
 
 " Of great service both to lawyers and to parochial officers." — Solicitors' Jour. 
 
 " A most useful book of reference on all matters connected with the parish, 
 both civil and ecclesiastical." — Law Journal. 
 
 " Kept in touch with every recent change." — Law Times. 
 
 PARTNERSHIP.— Pollock's Digest of the Law of Partnership. 
 
 Seventh Edition. With an Appendix of Forms. By Sir Frederick 
 Pollock, Bart., Barrister-at-Law, Author of "Principles of Con- 
 tract," "The Law of Torts," &c. Demy 8vo. 1900. 10s. 
 
 " "We are confident this book will be most popular as well as extremely 
 useful." — Law Times. 
 
 " Of the execution of the work we can speak in terms of the highest praise. 
 The language is simple, concise, and clear." — L<nv Magazine. 
 
 " Praiseworthy in design, scholarly and complete in execution." — Sat. Review. 
 
 PATENTS.— Campbell's Ruling Cases, Vol. XX,— Vide "Digests," 
 p. 10. 
 Edmunds on Patents. — The Law and Practice of Letters Patent for 
 Inventions. By Lewis Edmunds, Q.C. Second Edition. By T. M. 
 Stevens, Esq., Barrister-at-Law. Roy. 8vo. 1897. 11. 12s. 
 
 " We have nothing but commendation for the book." — Solicitors' Journal. 
 " It would be difficult to make it more complete." — Law Times. 
 Edmunds' Patents, Designs and Trade Marks Acts, 1883 to 
 1888, Consolidated with an Index. Second Edition. By Lewis 
 Edmunds, Q.C, D.Sc, LL.B. Imp.Svo. 1895. Net2s.6d. 
 
 Gordon's Monopolies by Patents and the Statutable Remedies 
 available to the Public, By J. W. Gordon, Esq., Barrister-at- 
 Law. Demy 8vo. 1897. 18». 
 "A treatise which we think must take a unique place in our legal literature." 
 — Law Times. 
 
 Gordon's Compulsory Licences under the Patents Acts. By 
 J. W. Gordon, Esq., Barrister-at-Law, Author of " Monopolies by 
 Patent." Demy 8vo. 1899. 15s. 
 
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 119 & 120, CHANCERY LANE, LONDON, W.C. 23 
 
 PAT E NTS — continued. 
 
 Johnson's Patentees' Manual. — A Treatise on the Law and 
 Practice of Patents for Inventions. Sixth Edition. By J ames John- 
 son, Esq., Barrister-at-Law ; and J. Heney Johnson, Solicitor and 
 Patent Agent. Demy 8vo. 1890. 10*. Gd. 
 
 Johnson's Epitome of Patent Laws and Practice. Third Edition. 
 Crown 8vo. 19U0. Net, 2s. 6d. 
 
 Morris's Patents Conveyancing. — Being a Collection of Precedents 
 in Conveyancing in relation to Letters Patent for Inventions. 
 With Dissertations and Copious Notes on the Law and Practice. By 
 Robebt Moebis, Esq., Barrister-at-Law. Royal 8 vo. 1887. 11.5s. 
 
 Thompson's Handbook of Patent Law of all Countries. — By 
 Wm. P. Thompson. Tenth Edition, with Addendum. 12mo. 1899. 
 
 Net, 2s. 6d. 
 
 Thompson's Handbook of British Patent Law. Eleventh Edition. 
 12mo. 1899. Net, Gd. 
 
 P AWN BROKING — Attenborough's Law of Pawnbroking, with 
 the Pawnbrokers Act, 1872, and the Factors Act, 1889, and 
 Notes thereon, By Chaeles L. Attenboeotjgh, Esq., Barrister- 
 at-Law. Post 8vo. 1897. Net, 3s. 
 
 PERSONAL PROPERTY.— Smith.— Vide " Real Property." 
 
 PLEADING. — Bullen and Leake's Precedents of Pleadings, with 
 Notes and Rules relating to Pleading. Fifth Edition. Revised and 
 Adapted to the Present Practice in the Queen's Bench Division of 
 the High Court of Justice. By Thomas J. Bullen, Esq., Barrister- 
 at-Law, Cyeil Dodd, Esq., Q.C., and C. W. Cliffoed, Esq., Bar- 
 rister-at-Law. Demy 8vo. 1897. 38*. 
 " The standard work on modern pleading." — Latv Journal. 
 
 Odgers' Principles of Pleading, Practice and Procedure in Civil 
 Actions in the High Court of Justice.— Fourth Edition. By W. 
 Blake Odgebs, LL.D., Q.C., Recorder of Plymouth, Author of "A 
 Digest of the Law of Libel and Slander." Demy 8vo. 1900. 12s. Gd. 
 
 " The student or practitioner who desires instruction and practical guidance 
 in our modern system of pleading cannot do better than possess himself of 
 Mr. Odgers' book." — Law Journal. 
 
 " Includes a careful outline of the procedure in an ordinary action at law. 
 This sketch will be of the utmost value to students, and ought to win the ap- 
 proval also of examining bodies, as it is remarkably free from any adaptability to 
 the purposes of the mere crammer." — Literature. 
 
 ''Of immense assistance to junior counsel." — Law Notes. 
 
 " Terse, clear and pointed." — Law Quarterly Review. 
 
 POISONS.— Reports of Trials for Murder by Poisoning. — With 
 Chemical Introductions and Notes. By G-. Latham Beowne, Esq., 
 Barrister-at-Law, andC. G-. Stewaet, Senior Assistant in the Labo- 
 ratory of St. Thomas's Hospital, &c. Demy 8vo. 1883. 12s. Gd. 
 
 POWERS. — Farwell on Powers, — A Concise Treatise on Powers. 
 Second Edition. By Geoeqe Faewell, Esq., Q.C., assisted by 
 W. R. Sheldon, Esq., Barrister-at-Law. Royal 8vo. 1893. 1/. 5s. 
 
 PRINCIPAL AND AG ENT.— Wright's Law of Principal and Agent. 
 By E. B. Weight, Esq., Barrister-at-Law. Demy 8vo. 1894. 18s. 
 
 " Clearly arranged and clearly written." — Law Times. 
 
 " May with confidence be recommended to all legal practitioners as an accu- 
 rate and handy text book on the subjects comprised in it." — 6'olicitors' Journal. 
 
 PRIVY COUNCIL LAW.— Wheeler's Privy Council Law: A Synop- 
 sis of all the Appeals decided by the Judicial Committee (including 
 Indian Appeals) from 1876 to 1891. Together with a precis of the 
 Cases from the Supreme Court of Canada. By Geoege Wheelee, 
 Esq., Barrister-at-Law, and of the Judicial Department of the Privy 
 Council. Royal 8vo. 1893. 31s. Gd. 
 
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 24 STEVENS AND SONS, LIMITED, 
 
 PROBATE. — Powles and Oakley's Law and Practice relating to 
 Probate and Administration, By L. D. Powles, Barrister-at- 
 Law, and T. W. H. Oakley, of the Probate Registry. (Being a 
 Third Edition of " Browne on Probate.") Demy 8vo. 1892. U. 10*. 
 
 PROPERTY.— &* also " Peal Property." 
 Raleigh's Outline of the Law of Property.— Demy 8vo. 1890. 7*.6i. 
 
 Strahan's General View of the Law of Property. — Second Edit. 
 
 By J. A. Steahan, assisted by J. Sinclaib Baxtee, Esqrs., Barris- 
 
 ters-at-Law. Demy 8vo. 1897. 12s. 6d. 
 
 " The student will not easily find a better general view of the law of property 
 
 than that which is contained in this book." — Solicitors' Journal. 
 
 " "We know of no better book for the class-room." — Law Times. 
 
 PUBLIC HEALTH.— Bazalgette and Humphreys.— Tide "Local 
 and Municipal Government." 
 
 Hunt, — Tide " London Local Government." 
 
 PUBLIC MEETINGS.— Chambers' Handbook for Public Meet- 
 ings, including Hints as to the Summoning and Management of 
 them. Second Edition. By George E. Chambers, Esq., Barrister- 
 at-Law. Demy Svo. 1886. Net, 2s. 6d. 
 
 QUARTER SESSIONS.— See " Criminal Law." 
 
 Pritchard's Quarter Sessions. Second Edition. By J. B. 
 Matthews, Esq., Barrister- at-Law. [In preparation.) 
 
 RAILWAY RATES.— Darlington's Railway Rates and the Carriage 
 of Merchandise by Railway ; including the Provisional Orders of 
 the Board of Trade as sanctioned by Parliament, containing the 
 Classification of Traffic and Schedule of Maximum Rates and Charges 
 applicable to the Railways of Great Britain and Ireland. By H. R. 
 Darlington, Esq., Barrister-at-Law. Demy 8vo. 1893. 1?. 5*. 
 
 RAILWAYS.— Browne and Theobald's Law of Railway Com- 
 panies. — Being a Collection of the Acts and Orders relating to 
 Railway Companies in Great Britain and Ireland, with Notes of all 
 the Cases decided thereon. Third Edition. By J. H. Balfour 
 Browne, Esq., one of Her Majesty's Counsel, and Frank Balfour 
 Browne, Esq., Barrister-at-Law. Royal 8vo. 1899. 21. 2s. 
 
 " Contains in a very concise form the whole law of railways." — The Times. 
 
 "It is difficult to find in this work any subject in connection with railways 
 which is not dealt with." — Law Times. 
 
 " Practitioners who require a comprehensive treatise on railway law will find it 
 indispensable." — Law Journal. 
 
 RATES AND RATI NG.— Castle's Law and Practice of Rating.^ 
 Third Edition. By Edward James Castle, Esq., one of Her 
 Majesty's Counsel. Demy 8vo. 1895. 25*. 
 
 " A sure and safe guide." — Law Magazine. 
 
 " Mr. Castle's book has hitherto held a very high place, and the success that 
 has attended it seems assured to the new edition." — Law Journal. 
 
 " A compendious treatise, which has earned the goodwill of the Profession on 
 account of its conciseness, its lucidity, and its accuracy." — Law Times. 
 
 Chambers' Law relating to Local Rates; with especial reference 
 to the Powers and Duties of Rate-levying Local Authorities, and 
 their Officers; comprising the Statutes in full and a Digest of 718 
 Cases. Second Edition. By G. F. Chambers, Esq., Barrister-at- 
 Law. Royal 8vo. 1889. 10*. 6d. 
 
 REAL PROPERTY.— Digby's History of the Law of Real Pro- 
 perty. Fifth Edition. Demy 8vo. 1897. 12*. Gd. 
 
 Leake's Elementary Digest of the Law of Property in Land.— 
 Containing : Introduction. Part I. The Sources of the Law. — 
 Part II. Estates in Land.— Part III. The Law of Uses and Profits 
 of Land. By Stephen Martin Leake, Barrister-at-Law. Demy 
 8vo. 1874—1888. Net, 30*. 
 
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 REAL PROPERTY— continued. 
 
 Lightwood's Treatise on Possession of Land : with a chapter on 
 the Real Property Limitation Acts, 1833 and 1874.— By John M. 
 Liohtwood, Esq., Barrister-at-Law. Demy 8vo. 1894. 15*. 
 
 Shear-wood's Real Property.— A Concise Abridgment of the Law of 
 Real Property and an Introduction to Conveyancing. Designed to 
 facilitate the subject for Students preparing for examination. _ By 
 Joseph A. Sheaewood, Esq., Barrister-at-Law. Third Edition. 
 Demy 8vo. 1885. 8 «- 6 <*. 
 
 Shelford's Real Property Statutes. — Comprising the principal 
 Statutes relating to Real Property passed in the reigns of King 
 William IV. and Queen Victoria, with Notes of Decided Cases. 
 Ninth Edition. By Thomas H. Carson, assisted by Habold B. 
 Bompas, Esqrs., Barristers-at-Law. Royal 8vo. 1893. 30s. 
 
 " Absolutely indispensable to conveyancing and equity lawyers." 
 
 Smith's Real and Personal Property.— A Compendium of the Law 
 of Real and Personal Property, primarily connected with Con- 
 veyancing. Designed as a Second Book for Students, and as a 
 Digest of the most useful learning for Practitioners. By Josiah W. 
 Smith, B.C.L., Q.C. Sixth Edition. By the Authoe and J. Tbus- 
 team, LL.M., Barrister-at-Law. 2 vols. Demy 8vo. 1884. 21. 2s. 
 " A book which he (the student) may read over and over again with profit and 
 pleasure." — Law Times. ,,„,.. , T , 
 
 " Will be found of very gTeat service to the practitioner."— Solicitors' Journal. 
 " A really useful and valuable work on our system of Conveyancing."— Law 
 Students' Journal. 
 
 Strahan — Vide " Property." 
 
 REGISTRATION.— Rogers.— Vide "Elections." 
 
 Fox and Smith's Registration Cases. (1886—1895). Royal 8vo. 
 
 Calf, net, 21. 10s. 
 
 Smith's (C. Lacey) Registration Cases. Part I. (1895-96). 
 .V,'. 6s. 6d. Part II. (1896), 5s. Part III. (1897), 4s. Part IV. 
 (1898-9), 6s. Part V. (1899-1900), 4s. 
 Lawson's Notes of Decisions under the Representation of the 
 People Acts and the Registration Acts, 1885— 1893, inclu- 
 sive. — By Wm. Lawson, Barrister-at-Law. Demy 8vo. 1894. 24s. 
 Ditto, ditto, for 1894, 1895, 1896 and 1897. Each net 4s. 6d. 
 
 Ditto, ditto, for 1898. Net, 7s. 6d. 
 
 Ditto, ditto, for 1899. Net, is. 6d. 
 
 REQUISITIONS ON TITLE.— Dickins — H^ "Conveyancing." 
 
 RIVERS POLLUTION.— Haworth's Rivers Pollution.— The Statute 
 Law relating to Rivers Pollution, containing the Rivers Pollution 
 Prevention Acts, 1876 and 1893, together with the Special Acts in 
 force in the West Ridin<r of Yorkshire and the County of Lancaster. 
 By Charles Joseph Haworth, Solicitor, B.A. (Cantab.), LL.B. 
 (Loudon). Royal 12mo. 1897. 6s. 
 
 ROMAN LAW.— Abdy and Walker's Institutes of Justinian, Trans- 
 lated, with Notes, by J. T. Abdy, LL.D., and the late Beyan Walkeb, 
 M A., LL.D. Crown 8vo. 1876. 16s. 
 
 Abdy and Walker's Commentaries of Gaiusand Rules of Ulpian. 
 With a Translation and Notes, by J. T. Abdy, LL.D., late Regiua 
 Professor of Laws in the University of Cambridge, and the lata 
 Beyan Walker, M.A., LL.D. New Edition by Bkyan Walkeb. 
 Crown Svo. 1SS.'). 16s. 
 
 Buckler's Origin and History of Contract in Roman Law down 
 to the end of the Republican Period. By W. H. Buckler, 
 B.A, LL.B. Post Svo. Second Edition. (In th ■ press.) 
 
 %* All standard Law Works are kept in Stock, in laiv calf and other bindings.
 
 26 STEVENS AND SONS, LIMITED, 
 
 ROMAN LAW— continued. 
 
 Goodwin's XII. Tables. — By Fbedebick Goodwin, LL.D. London. 
 Royal 12mo. 188G. 3*. 6rf. 
 
 Greene's Outlines of Roman Law. — Consisting chiefly of an 
 Analysis and Summary of the Institutes. For the use of Students. 
 By T. Whttcombe Greene, Barrister-at-law. Fourth Edition. 
 Foolscap 8vo. 1884. 7s. 6d. 
 
 Grueber's Lex Aquilia. — The Roman Law of Damag-e to Property: 
 being a Commentary on the Title of the Digest " Ad Lesrem Aqui- 
 liam" (ix. 2). With an Introduction to the Study of the Corpus 
 Iuris Civilis. By Eewin Gbtjebeb, Dr. Jur., M.A. 8vo. 1886. 10s. 6d. 
 
 Holland's Institutes of Justinian. — Second Edition. Extra fcap. 
 8vo. 1881. 5s. 
 
 Holland and Shadwell's Select Titles from the Digest of Jus- 
 tinian. — Demy 8vo. 1881. 14s. 
 
 Holland's Gentilis Alberici, I. CD., I.C.P.R., de lure Belli Libri 
 Tres. — EdiditT. E. Holland, LCD. Small 4to., half -morocco. 21s. 
 
 Monro's Digest IX. 2. Lex Aquilia. Translated, with Notes, by 
 C H. Monbo, M.A. Crown 8vo. 1898. 5s. 
 
 Monro's Digest XIX. 2. Locati Conducti. Translated, with Notes, 
 by C H. Monbo, M.A. Crown Svo. 1891. 5s. 
 
 Monro's Digest XLVII. 2, De Furtis. Translated, with Notes, by 
 C H. Monbo, M.A. Crown 8vo. 1893. 5*. 
 
 Monro's Digest XLI. 1, De Adquirendo Rerum Dominio. Trans- 
 lated, with Notes, by C. H. Monbo, M.A. Crown 8vo. 1900. 5s. 
 
 Moyle's Imperatoris Justiniani Institutiones. — Third Edition. 
 2 vols. Demy 8vo. 189S. 1/. 2s. 
 
 Poste's Elements of Roman Law. — By Gains. With a Translation 
 and Commentary. Third Edition. By Edwabd Poste, Esq., 
 Barrister-at-Law. Demy 8vo. 1890. 18s. 
 
 Roby's Introduction to the Study of Justinian's Digest, con- 
 taining an account of its composition and of the Jurists used or 
 referred to therein. By H. J. Roby, M.A. Demy 8vo. 1886. 9s. 
 
 Roby's Justinian's Digest. — Lib. VII., Tit. I. De Usufructu, with 
 
 a Legal and Philological Commentary. By H. J. Roby, M.A. 
 
 Demy 8vo. 1884. 9s. 
 
 Or the Two Parts complete in One Volume. Demy Svo. 18s. 
 
 Walker's Selected Titles from Justinian's Digest. — Annotated by 
 the late Beyan Walkee, M.A., LL.D. 
 
 Parti. Mandati vel Contra. Digest xvii. i. Crown Svo. 1879. 5s. 
 
 Part III. De Condictionibus. Digest xn. 1 and 4 — 7, and 
 Digest xiii. 1 — 3. Crown 8vo. 1881. 6s. 
 
 Walker's Fragments of the Perpetual Edict of Salvius Julianus. 
 Collected and annotated by Beyan Walkeb, M.A., LL.D. Crown 
 8vo. 1877. 6s. 
 
 Whewell's Grotius de Jure Belli et Pacis, with the Notes of Bar- 
 In yrac and others ; accompanied by an abridged Translation of the 
 Text, by W. Whewell, D.D. 3 vols. Demy Svo. 1853. 12s. 
 
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 119 & 120, CHANCERY LANE, LONDON, W.C. 27 
 
 RULING CASES.— Campbell— Vide "Digests," p. 10. 
 
 SALES.— Blackburn on Sales. A Treatise on the Effect of the Con- 
 tract of Sale on the Legal Rights of Property and Possession in 
 Goods, Wares, and Merchandi.se. By Lord Blackbubn. 2nd Edit. 
 By J.C. Geaham. Esq., Barrister-at-Law. Royal 8vo. 1885. II. Is. 
 " We have no hesitation in saying that the work has heen edited with re- 
 markable abihty and success."— Law Quarterly Review. 
 
 SALVAGE.— Kennedy's Treatise on the Law of Civil Salvage.— By 
 
 the Hon. Sir William R. Kennedy, a Justice of the High Court. 
 
 Royal 8vo. 1891. 12s - 
 
 " The best work on the law of salvage. It is a complete exposition of the 
 
 subject, and as such is accurate and exhaustive."— Law Times. 
 
 SHERIFF LAW.— Mather's Compendium of Sheriff Law, espe- 
 cially in relation to Writs of Execution.— By Philip E. Matheb, 
 Solicitor and Notary, formerly Under Sheriff of Newcastle-on-Tyne. 
 Royal 8vo. 1894. 25s. 
 
 " "We think that this book will be of very great assistance to any persons who 
 may fill the positions of high sheriff and under-sheriff from this time forth. The 
 whole of the legal profession will derive great advantage from having this 
 volume to consult." — Law Times. 
 
 SHIPPING.— Carver.— Vide "Carriers." 
 
 Marsden's Digest of Cases relating to Shipping, Admiralty, 
 and Insurance Law, down to the end of 1897. — By Reginald 
 G Maesden, Esq., Barri.-ter-at-Law, Author of "The Law of 
 Collisions at Sea." Royal Svo. 1899. 30s. 
 
 Pulling's Merchant Shipping Act, 1894. — With Introduction, 
 Notes, and Index. By Alexandee Pulling, Esq., Barrister-at- 
 Law. Royal Svo. 1894. Net 6s. 
 
 Pulling's Shipping Code; being the Merchant Shipping Act, 1894 
 (57 & 58 Vict. c. 60) ; With Introduction, Notes, Tables, Rules, 
 Orders, Forms, and a Full Index.— By Alexandee Pulling, Esq., 
 Barrister-at-Law. Royal Svo. 1894. Net Is. 6d. 
 
 Temperley's Merchant Shipping Act, 1894 (57 & 58 Vict, 
 c. 60). With an Introduction ; Notes, including all Ca es decided 
 under the former enactments consolidated in this Act ; a C inparative 
 Table of Sections of the Former and Present Acts ; an Appendix of 
 Rules, Regulations, Forms, etc., and a Copious Index. — By Robeet 
 Tesipeeley, Esq., Barrister-at-Law. Royal Svo. 1895. 25s. 
 
 " A full, complete, and most satisfactory work."— Law Quarterly Review. 
 
 "A monument of well-directed industry and knowledge directed to the 
 elucidation of the most comprehensive and complicated Act." — Law Journal. 
 
 SLANDER.— Odgers.— Fufe "Libel and Slander." 
 
 SOLICITORS.— Cordery's Law relating to Solicitors of the 
 Supreme Court of Judicature. With an Appendix of Statutes 
 and Rules, the Colonial Attornies Relief Acts, and Notes on Appoint- 
 ments open to Solicitors, and the Right to Admission to the Colonies, 
 to which is added an Appendix of Precedents. Third Edition. By 
 A. Coedeey, Esq., Barrister-at-Law. Demy 8vo. 1899. 21s. 
 
 " The leading authority on the law relating to solicitors."— Law Journal. 
 
 "A complete compendium of the law." — Law Times. 
 
 " Thoroughly up to date in every respect." — Law Quarterly Review. 
 
 Turner. — Vide "Conveyancing" and "Vendors and Purchasers." 
 
 SPECIFIC PERFORMANCE— Fry's Treatise on the Specific 
 Performance of Contracts. By the Right Hon. Sir EdwaedFey. 
 Third Edition. By the Author and E. Poetsmouth Fey, Esq., 
 Barrister-at-Law. Royal 8vo. 1892. U. 16s. 
 
 * 4 * All standard Law Works are kept in Stock, in law calf and other bindings.
 
 28 STEVEN3 AND SONS, LIMITED, 
 
 STAMP LAWS.— Highmore's Stamp Laws. — Being the Stamp Acts 
 of 1891 : with the Acts amending and extending the same, in- 
 cluding the Finance Act, 1899, together with other Acts imposing 
 or relating to Stamp Duties, and Notes of Decided Cases ; also an 
 Introduction, and an Appendix containing Tables showing the com- 
 parison with the antecedent Law. By Nathaniel Joseph Highmore, 
 Assistant-Solicitor of the Inland Revenue. DemySvo. 1900. 10s. 6d. 
 
 "Will be found of the greatest use to solicitors, the officers of companies, and 
 all men of business." — Law Journal, Feb. 10, 1900. 
 
 " This work is not only complete up to the present year, but is excellently 
 arranged."— Irish Law Times, Feb. 10, 1900. 
 
 "A very comprehensive volume, fulfilling every requirement. . . . The 
 various notes to the sections of the several Acts incorporated in the volume are 
 fully and accurately set out, the points of the decided cases clearly expressed, 
 and the effpct and object of the enactment indicated ; and -what must be o£ 
 especial value to the practitioner, the practice at Somerset House with regard 
 to all matters coming before that institution is stated." — Justice of the I'eace, 
 Feb. 24, 1900. 
 
 "Mr. Highmore's 'Stamp Laws' leaves nothing undone." — The Civilian t 
 March 3, 1900. 
 
 STATUTE LAW.— Wilberforce on Statute Law. The Principles 
 which govern the Construction and Operation of Statutes. By E. 
 Wilberfokce, Esq., Barrister- at- Law. 1881. 18». 
 
 STATUTES, and vide " Acts of Parliament." 
 
 Chitty's Statutes,— New Edition.— The Statutes of Practical Utility, 
 from the earliest times to 1894 inclusive. Arranged in Alpha- 
 betical and Chronological Order ; with Notes and Indexes. Fifth 
 Edition. By J. M. Lely, Esq., Barrister-at-Law. Royal 8vo. 
 Complete with Index. In 13 Volumes. 1894-1895. 13^. 13s. 
 
 Annual Supplements. By J. M. Lely, Esq. 1895, 5s. 
 1896, 10s. 1897, 5s. 189S, 7s. 6d. 1899, 7s. 6d. 1900, 7s. 6d. 
 
 "It is a book which no public library should be without."— 
 Spectator. 
 
 "A work of permanent value to the practising lawyer." — Solicitors* 
 Journal. 
 
 "The profession will feel grateful both to the editor and the 
 publishers of a work which will be found of the highest value." — 
 Law Journal. 
 
 " A legal work of the very highest importance. . . . Few besides 
 lawyers will, we suspect, realise the amount of work which such an 
 undertaking involves to the editor, who appears to have spared no 
 pains to give a clear, orderly, and methodical character to the com- 
 pilation." — Daily News. 
 
 "This collection has fulfilled a purpose of usefulness only to be 
 understood by those who are acquainted with the amazing com- 
 plexity of English statute law. with its bewildering incoherence 
 and painful heterogeneity." — rail Mall Gazette. 
 
 " Indispensable in the library of every lawyer." — Saturday Review. 
 
 "To all concerned with the laws of England. Chitty's Statutes of 
 Practical Utility are of essential importance, whilst to the practising 
 lawyer they are an absolute necessity." — Law Times. 
 
 "It is apparently the belief of some popular novelists that 
 lawyers in their difficulties still uniformly consult daily Coke upon 
 Littleton and Blackst sne. Those who know better are aware that 
 the lawyer's Bible is the 'Statutes of Practical Utility '—that they 
 are his working tools, even more than accredited text-books or 
 'authorised reports.' More than one judge has been heard to say 
 that with the 'Statutes of Practical Utility' at his elbow on the 
 be^ch he was apprehensive of no difficulties which might arise." — 
 The Tin 1 1 i . 
 %* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119 & 120, CHANCERY LANE, LONDON, W.C. 29 
 
 SUCCESSION.— Holdsworth and Vickers' Law of Succession, 
 Testamentary and Intestate. Demy 8vo. 1899. 10s. 6d. 
 
 SUMMARY CONVICTIONS.— Paley's Law and Practice of Sum- 
 mary Convictions under the Summary Jurisdiction Acts, 
 1848 — 1884; including Proceedings Preliminary and Subse- 
 quent to Convictions, and the Responsibility of Convicting 
 Magistrates and their Officers, with the Summary Jurisdic- 
 tion Rules, 1886, and Forms.— Seventh Edition. By W. H. 
 Macnamara, Esq., Barrister-at-Law. Demy 8vo. 1892. 24s. 
 
 TAXPAYERS' GU I DES.— Fwfe "House," "Income," & "Land Tax." 
 
 THEATRES AND MUSIC HALLS.— Geary's Law of Theatres 
 and Music Halls, including Contracts and Precedents of 
 Contracts— By W. N. M. Geary, J. P. With Historical Introduc- 
 tion. By James Williams, Esqrs., Barristers-at-Law. 8vo. 
 1885. 5s. 
 
 TITLE.— Jackson and Gosset. — Vide " Investigation of Title." 
 
 TORTS. — Addison on Torts. — A Treatise on the Law of Torts; or 
 Wrongs and their Remedies. Seventh Edition. By Horace 
 Smith, Esq., Bencher of the Inner Temple, Metropolitan Magis- 
 trate, Editor of "Addison on Contracts," &c, and A. P. Perceval 
 Keep, Esq., Barrister-at-Law. Royal 8vo. 1893. 11. 18s. 
 
 "As an exhaustive digest of all the cases which are likely to be cited in 
 practice it stands without a rival." — Law Journal. 
 
 " As now presented, this valuable treatise must prove highly acceptable to 
 judges and the profession." — Law Times. 
 
 " An indispensable addition to every lawyer's library." — Lata Magazine. 
 
 Ball's Leading Cases on the Law of Torts, with Notes. Edited 
 by W. E. Ball, LL.D., Esq., Barrister-at-Law, Author of "Prin- 
 ciples of Torts and Contracts." Royal 8vo. 1884. 1/. Is. 
 
 Eigelow's Elements of the Law of Torts. — A Text-Book for 
 Students. By Melville M. Bigelow, Ph.D., Lecturer in the Law 
 School of the University of Boston, U.S.A. Crown 8vo. 1889. 10s. 6d. 
 
 Jnnes' Principles of the Law of Torts. — By L. C. Innes, lately one 
 of the Judges of the High Court, Madras, Author of "A Digest of 
 the Law of Easements." Demy 8vo. 1891. 10s. Qd. 
 
 " A useful addition to any law library." — Law Quarterly Review. 
 
 Pollock's Law of Torts: a Treatise on the Principles of Obligations 
 
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