£^g? i AGRICULTURAL HOLDINGS ACT. d Agricultural Holdings ACT; WITH EXPOSITION, APPENDIX, NOTES AND FORMS. BY HENRY WINCH, Esq., Of the Middle Temple, Barrister-at-Law. LONDON: WELDOX & CO., 40, BEDFORD STREET, COVENT GARDEN. LONDON: PRINTED BY \V. WILFRED HEAD, PLOUGH COURT, FETTER LANE, E.C. PREFACE. The Lord Chief Justice of England, in a recently- delivered speech, remarked that the people of this country were but imperfectly acquainted with its laws. That such should be the case need be no cause for surprise, since, on reading an Act of Parliament, we generally find that it consists of numerous clauses badly arranged, composed of sentences much involved, and expressed in words purely technical. Without directly charging upon this Act the above grave faults, the Author yet thinks it possible to make its meaning more clear. With this object in view, he has re-arranged and grouped its clauses, amplified the sentences, and ex- pressed them in every-day language ; and, in so doing, hopes that the few following pages may not be un- worthy of perusal by those Landlords and Tenants for whose special use they are intended. The Author has purposely omitted to remark on several of the sections, finding some so clear as to need no comment, while, others are totally devoid of interest to those for whom this work has been com- piled. i, Essex Court, Temple. December 10, 1875. *? uruc TABLE OF CONTENTS. PAGE Landlord's Summary of Act ... ... ... ... 9 Tenant's ,, „ ... ... ... ... 11 CHAPTER I. Existing and Future Tenancies ... ... ... . . . 1 3 CHAPTER II. First Class Improvement ... ... ... ... ... 16 CHAPTER III. Second Class Improvement ... ... ... ... 21 CHAPTER IV. Third Class Improvement ... ... ... ... ... 25 CHAPTEP>. V. Fixtures... ... ... ... ... ... ... 34 CHAPTER VI. Resumption for Improvements ... ... ... ... 34 CHAPTER VI I. Tenant's Compensation for Breach of Covenant ... ... 37 CHAPTER VIII. Landlord's Counter-Claim ... ... ... ... ... 38 CHAPTER IX. Notice to Quit ... ... ... ... ... ... 41 CHAPTER X. Procedure ... ... ... ... ... ... 42 s The Agricultural Holdings Act. CHAPTER XI. Charge of Tenant's Compensation «< Appendix A » B „ c Act Index 44 48 57 53 63 93 SUMMARY OF THE ACT FOR LANDLORD'S GUIDANCE. Landlord: — ' To adopt the Act ... 13 w . ,. J Not to adopt the Act ... 13 w isnm & ... ... • • • 1 To adopt a portion of the Act ... ... 13 Upon receiving: from Tenant an ap- 1 ,-.. , T «^,^„* T ^ r t x- ? , . \ ^ Frrst-class improvement 10 plication for consent to execute } r On receiving notice that Tenant in- "I c , , T -«-«_* ~ r . , * , S- Second-class Improvement 21 tends to execute ... ... s r Or, to remove ... ... Fixtures ... ... 31 Wishing to resume part of the holding ... ... ... 34 Notice to Quit under this Act ... ... .. ... 41 Claim against, by Tenant ; how as- } . , . . ^ ,« . cerfained; in First-class Im- £ b J°I u , te ?™* - '^ provement; where J In ot Absolute Owner ... 18-19 C Second-class ... ... 29 Claim against ; how ascertained ... \ Third-class ... ... 29 [ Fixtures ... ... 31 On receiving notice of Tenant's claim is entitled to m Form of Procedure Tenant's! n , 1 ■ „o , v Counter-claim... ... 38 42 Charge upon holding for money f Absolute Owner ... 46 paid to Tenant when ... \ Not Absolute Owner ... 47 SUMMARY OF THE ACT FOR TENANT'S GUIDANCE. Tenant Yearly at will, or years, wishing for a term of To adopt the Act Not to adopt the Act ... To adopt a portion of the Act PAGE 13 Who has adopted the Act and wishes to execute an Improve- ment known as First-class Second-class Third-class Fixtures 16 21 3 1 On receiving from Landlord a Notice to Quit part of holding ... 34 Receiving from, or giving to, Land- lord Notice to Quit, and wish- ing to ascertain the amount of compensation in respect of ... / First-class Second-class ... Third-class Fixtures Resumption by Landlord of part of holding Landlord's breach of cove- ts nant 17 22. 26 32 35 37 Form of .Procedure 42 Existing and Future Tenancies. 13 CHAPTER I. EXISTING AND FUTURE TENANCIES. CLAUSES OF THE ACT. Application c6. — This Act shall apply to every contract of Act to u future ten- f tenancy beginning after the commencement ancies. of this Act, unless, in any case, the landlord and tenant agree in writing, in the contract of tenancy, or otherwise, that this Act, or any part or provision of this Act, shall not apply to the contract ; and, in that case, this Act, or the part or provision thereof to which that agree- ment refers (as the case may be), shall not apply to the contract. Application 57. — In any case of a contract of tenancy of Act to , existing ten- from year to year or at will, current at tne com- ancies. mencement of this Act, this Act shall not apply to the contract, if within two months after the commencement of this Act the landlord or the tenant gives notice in writing to the other, to the effect that he (the person giving the notice) desires that the existing contract of tenancy between them shall remain unaffected by this Act ; but such a notice shall be revocable by writing ; and in the absence of any such notice, or on revoca- 14 The Agricultural Holdings Act. tion of every such notice, this Act shall apply to the contract. In every other case of a contract of tenancy current at the commencement of this Act, this Act shall not apply to the contract. No restric- tion on contract. 54. — Nothing in this Act shall prevent the landlord and tenant, or intending landlord and tenant, from entering into and carrying into effect any such agreement as they think fit, or shall interfere with the operation thereof. partftfAct 55'— A landlord and tenant, whether the menf. ree landlord is absolute owner of the holding for his own benefit or not, may, in any agreement in writing relating to the holding, adopt by reference any of the provisions of this Act respecting procedure or any other matter, without adopting all the provisions of this Act ; and any provision so adopted shall have effect in connexion with the agreement accordingly. Jon!aScu°i- 58.— Nothing in this Act shall apply to a small hold? holding that is not either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral> or that is of less extent than two acres. Existing and Future Tenancies. 15 REMARKS. Yearly Tenants, Tenants at Will, and their Land- lords. There can be no binding verbal agreement to prevent the operation of the whole or part of this Act. Tenancies existing before 14 February, 1876. 1st. Wishing to adopt this Act. — Need not give any notice, for in the absence of notice this Act will apply. 2nd. Those who do not wish to adopt this Act. — Must either give or receive a notice in writing on or before the 14 April, 1876, to the effect that this Act shall not apply. — See Form I, page 48. N.E.— Either party, it will be seen, can prevent the operation of the Act. Further, that, as the notice is revocable, each party should take care to give notice if it be wished that the Act shall not apply. Lessors and Are wholly unaffected by this Act, and need Lessees ta j. e n0 ste p S j- p reven t its operation. Tenancies commencing after 14 February, 1876. If wishing to adopt the Act. — No notice need be given by either party. If wishing not to adopt the Act. — The parties to the contract must agree in writing that their contract shall not be affected by the Act. — Form II., page 49. Tenancies existing before or commencing after 14 February, 1876. Yearly if wishing to adopt part of the Act. — Can adopt Tenants at a part of this Act, but must contract Sndiords, in writing.— See Form III., page 50. Lessors and Lessees. Yearly Tenants, Tenants at Will, Land- lords, Lessors and Lessee?, i6 The Agricultural Holdings Act. CHAPTER II. FIRST CLASS IMPROVEMENT. CLAUSES OF THE ACT. consent of IO — ^he tenant s hall not be entitled to Landlord for first class, compensation in respect of an improvement of the first class, unless he has executed it with the previous consent in writing of the landlord. Tenant's title to com- 5. — Where, after the commencement of this pensa ion. ^^ ^ tenant executes on his holding an improvement comprised in the following : First Class. Drainage of land. Erection or enlarge- ment of buildings. Laying down of per- manent pasture. Making and planting of osier beds. Making of water mea- dows or works of irrigation. Making of gardens. Making or improving of roads or bridges. Making or improving of watercourses,, ponds, wells, or reservoirs, or of works for supply of water for agricultu- ral or domestic pur- poses. Making of fences. Planting of hops. Planting of orchards. Reclaiming of waste land. Warping of land. First Class Improvement. 17 He shall be entitled, subject to the provisions of this Act, to obtain on the determination of the tenancy compensation in respect of the improvement. Time in which im 6. — An improvement shall not in any case eXuTS be deemed, for the purposes of this Act, to continue exhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made : Amount of Tenant's compensa- tion in first class. Where the improvement is of the class, the end of twenty years. first 7. — The amount of the tenant's compensation in respect of an improvement of the first class shall, subject to the provisions of this Act, be the sum laid out by the tenant on the improve- ment, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made, and while the improvement continues unexhausted ; but so that where the landlord was not, at the time of the consent given to the execution of the improvement, absolute owner of the holding for his own benefit, the amount of the compensation shall not exceed a capital sum fairly representing the addition which the improvement, as far as it continues unexhausted at the determination of the tenancy, then makes to the letting value of the holding. B iS Deduction in first class for want of repair, ■ Act, a tenant executes on his holding an im- provement in the Third Class. Application to land of Consumption on the purchased artificial holding by cattle, or other purchased sheep, or pigs of manure. cake or other feeding stuff not produced on the holding. He shall be entitled, subject to the provisions of this Act, to obtain, on the determination of the tenancy, compensation in respect of the improve- ment. 6. — An improvement shall not in any case be deemed, for the purposes of this Act, to continue unexhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made. Where it is of the third class, the end of two years. Tenant's ° f 9- — The amount of the tenant's compensation tion ta n twrd m respect of an improvement of the third class shall, subject to the provisions of this Act, be such proportion of the sum properly laid out by the tenant on the improvement as fairly repre- sents the value thereof at the determination of the tenancy to an incoming tenant. ?ompeSa-° f 13.— The tenant shall not be entitled to com- Smiitu pensation in respect of an improvement of the third class, where, after the execution thereof, Third Class Improvement. 27 there has been taken from the portion of the holding on which the same was executed a crop of corn, potatoes, hay, or seed, or any other exhausting crop. Exclusion of 14. — The tenant shall not be entitled to com- compensa- . tionforcon- pensation in respect of an improvement of the sumption of , . cake, etc., in third class, consisting in the consumption ol certain cases. cake or other feeding stuff, where under the custom of the country, or an agreement, he is entitled to and claims payment from the land- lord or incoming tenant in respect of the additional value given by that consumption to the manure left on the holding at the determina- tion of the tenancy. Restrictions ic. — In the ascertainment of the amount of as to third class. compensation in respect of an improvement of the third class : — 1. There shall not be taken into account any larger outlay during the last year of the tenancy than the average amount of the tenant's outlay for like purposes during the three next preceding years of the tenancy, or other less number of years for which the tenancy has endured : and, 2. There shall be deducted the value of the manure that would have been pro- duced by the consumption on the holding of any hay, straw, roots, or green crops 28 The Agricultural Holdings Act. sold off the holding within the last two years of the tenancy or other less time for which the tenancy has endured, except as far as a proper return of manure to the holding has been made in respect of such produce sold off. REMARKS. Tenants who can now claim com- pensation under a custom. Tenants who now have no claim under a custom. No notice need be given to landlord, and no consent is required from landlord, before tenant executes any improvement under this class. Tenants under a custom which now enables them to claim against an incoming tenant for manures, &c, should consider Sec. 60 before studying those others relating to this class. Tenants under a custom will then learn, that if they adopt this Act they will lose none of their present rights against an incoming tenant; but they will gain against a landlord rights which they never before have had. N.B. — There is no claim against both in respect of the same matter. It is submitted, after careful consideration, that the tenant under a custom, although he loses nothing by adopting these sections, yet he gains but very little. The sections it would appear were framed for those — Tenants who are not under any custom as to repayment for manures, &c. This Act gives such tenants a claim against their landlords under the following circumstances : — Third Class Improvement. 29 1st. — Appli- ( ation to land of purchased artificial or other purchased manure. Deductions from Claim, how Ascertained. 1st. — If there has been taken from the portion of the holding to which purchased manure was applied a crop of corn, potatoes, hay, seed, or any other exhausting crop, then the tenant has.no claim. 2nd. — If the tenant after the "Application of pur- chased manure, &c, " has grown, and during the last two years, sold off the holding : hay, straw, roots, or green crop, then from this sum of ^"50 there must be deducted the value of the manure that would have been pro- duced if the crop had been fed instead oi sold, unless he has returned to the hold- ing an equivalent in manure. 3rd. — If the amount laid out during the last year of tenancy exceed the average amount for like pur- poses of the three years next preceding the last year of tenancy, then, before the unexhausted values of manure to an incoming tenant can be ascertained, the following calculation must be made : — Supposing sum laid out in last year of tenancy, £100. And the average sum laid out for the three years before the last year of tenancy was £2>o a year ; In that case, although tenant expended ^roo, in con- sidering his claim to compensation, it must only be taken to be £%o. Claim, how Ascer- tained. Tenant's claim would be "a pro- portion of the sum properly laid out on the improvement as fairly represents the value thereof to an incoming tenant." The proportion depends upon the nature and quantity of the crop taken after manurance. It might be h, ^, or 1 manure according to circumstances. Let us take ^ in the following case. Sup- pose : Sum paid for manure . . . ^100 Half manure exhausted . . 50 ^5o then would be the value of manure to an incoming tenant. This claim, how- ever, is liable to the deductions and re- strictions as shown on the other side. The Agricultural Holdings Act. 2nd.— Con- sumption on the holding, by cattle, Sec - 3, set out in Appendix, page 57 , shou]d be \^ d together with the above sections : Sec. 53. No consent is required from land- ord by tenant before he puts up « engine (so ^ tooS-' StCam engme) ' machine ^ One month's notice must be given to landlord before they can be removed. Landlord is then entitled to purchase them at a fair valuation ; 1 unwilling to purchase, tenant can remove mem. . The 14 and 15 Vict, already gives a tenant similar powers to those contained in Sec « with this difference, that ' Tenant affixing under I Tenant affixing under 14 and 15 Vict. Agricultural Hold- ings Act. Consent is required. j No "consent is required. N - B -— The tenant must take care not to remove any fixtures while rent is owino-. i* 34 The Agricultural Holdings Act. CHAPTER VI. RESUMPTION FOR IMPROVEMENTS. CLAUSES OF THE ACT. Resumption 52. — Where on a tenancy from year to year of possession . . . . . . , for cottages, a notice to quit is given by the landlord with &c. a view to the use of land for any of the follow- ing 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, iron- stone, limestone, or other mineral, or of a stone quarry, clay, sand or gravel pit, or the construction of any works or buildings to be used in connexion there- with ; The c raining of brick earth, gravel, or sand : Resumption for Improvements. 35 The making of a watercourse or reservoir ; The making of any road, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith ; and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding. In every such case the provisions of this Act respecting compensation shall apply as on de- termination of a tenancy in respect of an entire holding. The tenant shall also be entitled to a pro- portionate 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 agree- ment or settled by a reference under this Act, as in case of compensation (but without appeal). The tenant shall further be entitled, at any time within twenty-eight days after service of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expira- tion of the then current year of tenancy ; and the notice to quit shall have effect accordingly. c 2 The Agricultural Holdings Act. REMARKS. resumption This section only applies to yearly tenancies, hv Landlord , • , , i % . i / , J « «.f part of and gives a landlord a right, he has never holding. before had, to serve a tenant with — Notice to quit part of the holding, but such notice would be bad unless he required the land * for some of the purposes mentioned in this section, and stated on the notice the purposes for which the land is required — see Form V., page 51. On receipt of such notice, tenant can either treat the tenancy as determined as to that part of the holding to be resumed by the land- lord, or can within twenty-eight days serve a notice on the landlord that he (the tenant) accepts the same as a notice to quit the entire holding. In either case tenant must proceed to claim compensation in exactly the same way as he would if tenancy were determined in ordinary manner. His claim consists of two parts. 1st. A proportionate reduction of rent in respect of land com- pensation in notice to quit. X.B. — Under this it would seem that every acre on the holding must be treated of equal value. 2nd. Depreciation of the value of the re- sidue in consequence of the withdrawal of some portion of the land or from the use to be made thereof. In other words, the diminish- ed letting value of the resi- due in consequence of land- lord resuming a part for the purposes named in his notice. Tenant s Com/eisation for Brcdsh of Covsnait. 37 CHAPTER VII. TENANTS COMPENSATION FOR BREACH OF COVENANT. Tenant's compensa- tion for breach of covenant. CLAUSES OF THE ACT. 18. — Where a landlord commits a breach of covenant or other agreement connected with the contract of tenancy, and the tenant claims under this Act compensation in respect of an improvement, then the tenant shall be entitled to obtain, on the. determination of the tenancy, compensation in respect of the breach, subject and according to the provisions of this Act. REMARKS. cS n ' Tenant (it will be seen from observations ifndftdfor 0n SeC ; \V f ee P a &e 39) can bring an action breach of against his landlord for breach of covenant covenant, immediately upon such breach, or, Under this Act, wait till the end of his tenancy, and then obtain compensation for such breach as well as any other claim he may have under this Act, without his claim being barred by the Statute of Limitations. 38 The Agricultural Holdings Act. CHAPTER VIII. LANDLORD'S COUNTER-CLAIM. CLAUSES OF THE ACT. Deductions 1 6. — The amount of the tenant's [compen- pensation sation shall be subject to the following [deduc- for taxes, rent, &c tlOnS : — 1. For taxes, rates, and tithe-rentcharge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord: 2. For rent due or becoming due in respect of the holding : 3. For the landlord's compensation under this Act. Set-off of benefit to tenant. 17.— In- the ascertainment of the amount of the tenant's compensation there shall be taken into account in reduction thereof any benefit which the landlord has given or allowed to the tenant in consideration of the tenant executing the improvement. Landlord's Counter-Claim. 39 tuie d to r w.m- I 9 # — Where a tenant commits or permits pensauon. was t e , or commits a breach of a covenant or other agreement connected with the contract of tenancy, and the tenant claims compensation under this Act in respect of an improvement, then the landlord shall be entitled, by counter- claim, but not otherwise, to obtain, on the determination of the tenancy, compensation in respect of the waste or breach, subject and according to the provisions of this Act. But nothing in this section shall enable a landlord to obtain under this Act compensation in respect of waste or a breach committed or permitted in relation to a matter of husbandry more than four years before the determination of the tenancy. REMARKS. Landlords \± has been considered that Sec. io takes eiaim. away from a landlord (where the tenancy is affected by this Act) the Common Law remedy which he now has, to sue the tenant for a breach of covenant immediately such breach is committed. Upon careful consideration of this Sec. 19, it will be found that no such construc- tion can be put upon it. This section only applies to cases where a claim is made for compensation under this Act. Now under Sec. 5 a claim for compensation can only be 40 The Agricultural Holdings Act. made at the determination of the tenancy; until, therefore, the termination of the tenancy this Sec. 19 cannot apply. After the termination of the tenancy it will apply, if the tenant has made a claim for compensation. This, as Sec. 20 points out, he must do one month before the termination of tenancy. In the latter case there will be no hardship on the landlord, as he will have his claim at once adjusted. Notice to Quit. 41 CHAPTER IX. NOTICE TO QUIT. CLAUSES OF THE ACT. time of 51. — Where a half-year's notice, expiring notice to . . ' r o quit. with a year of tenancy, is by law necessary and sufficient for determination of a tenancy from year to year, a year's notice so expiring shall by virtue of this Act be necessary and sufficient for the same; but nothing in this section shall extend to a case where the tenant is adjudged bankrupt, or has filed a petition for a composi- tion or arrangement with his creditors. REMARKS. In all tenancies affected by this Act one year's notice to quit must be given by either party, expiring at the same time of the year at which the tenancy commenced. It must not be understood that where there is a written agree- ment, in which provision is made as to notice to quit, then, even if this Act form part of the contract, the notice to quit to be given is that required by the Act, for Sec. 54 expressly pro- vides for liberty of contract. 42 The Agricultural Holdings Act. CHAPTER X. PROCEDURE. CLAUSES OF THE ACT. Xnticeof 20. — Notwithstanding anything: in this Act, intended ° J ° claim. a tenant shall not be entitled to compensation under this Act unless one month at least before the determination of the tenancy he gives notice in writing to the landlord of his intention to make a claim for compensation under this Act. Where a tenant gives such a notice the landlord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter-notice in writing to the tenant of his intention to make a claim for compen- sation under this Act. Every such notice and counter-notice shall state, as far as reasonably may be, the particulars of the intended claim. compere- 2i. — The landlord and the tenant may agree or'seuwby on the amount and mode and time of payment of compensation to be paid to the tenant or to the landlord under this Act. If in any case they do not so agree the difference shall be settled by a reference. Procedure, 43 Eecovery of compensa- tion. 37. — Where any money agreed or awarded or ordered on appeal to be paid for compen- sation, costs, or otherwise, is not paid within fourteen days after the time when it is agreed or awarded or ordered to be paid, it shall be recoverable, 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. REMARKS. Notice of For this notice see Appendix A, Form IV. It claim. j g most important that this notice be given, for in Sec. 20 it is expressly stated that the tenant shall not be entitled unless he give such notice. Landlords The landlord, it w J i deBiringto on the day of (here describe the resume por- v h°idta P art rec l u i re d) being part of the land you hold of me, in the parish of , in the county of . The purposes for which I require the said land are (here state the purposes). The day of (For service of notice, see Sec. 41, page 48.) D 2 52 The Agricultural Holdings Act. Form VI. Form of award. If no coun- ter claim, omit this. The day of 18 . Gentlemen, I hereby give you notice that I have made and published my award in writing, respecting the matters in difference between Mr. and Mr. referred to me, and that it lies at (here describe the place) ready to be delivered. The charges amount to £ Yours truly, To Mr. and (his Solicitor) and to Mr. and (his Solicitor) [For service of notice see Sec. 41, page 48.) Form VII. The day of Whereas certain claims amounting to £ made by A. B. (tenant of against C. D. (landlord). (And whereas certain counter claims made by the said C. D. against the said A. B. under the provisions of the * Agricultural Holdings Act) were disputed. Appendix, 53 Descript'on of referee And whereas such claims were referred to the award and final determination of me, X. Y. Here state nature of improve- ments. Here state nature of improve- ments. Here state nature of improve- ments. Now I, the said referee, having taken upon myself the burden of this reference, and having duly weighed and considered the several allega- tions of the said parties, and also the proofs, vouchers, and documents, which have been given in evidence before me, Do hereby make and publish my Award in writing of and con- cerning the matter above referred to me, in the manner following : — I award compensation under Class I. in respect of Under Class II. in respect of Under Class III. in respect of For Breach of Covenant. Here state particulars ©f breach. For fixtures 54 The Agricultural Holdings Act. I find that the said improvements under Class I. were executed on the day of That the said improvements under Class II. were executed on the day of That the said improvements under Class III. were executed on the day of That the said Breach of Covenant was com- mitted on the day of And I find that the said improvements under Class I. will be exhausted on the da} r of That the said improvements under Class II. will be exhausted on the day of That the said improvements under Class III. will be exhausted on the day of if landlord That the improvement under Class I. adds at time of consent £ p er year to the yearly letting value of the £%» holding. And I further find that the sum laid out by the said A. B. on improvements under Class I. amounts to £ And that the sum properly laid out by the said A. B. under Class II. amounts to £ Appendix. 55 Counter- claim. And that the sum properly laid out by the said A. B. under Class III. amounts to £ I award for improvements under Class I. the sum of £ I award for improvements under Class II. the sum of £ I award for improvements under Class III. the sum of £ For said Breach of Covenant £ For Fixtures £ Etttr £ fUXfytV ftUtr that the said C. D. is entitled to compensation from the said A. B. for Breach of Covenant £ Here state And that the said C. D. has given a benefit to the irn- ° provement. the said A. B. in consideration of A. B. executing a certain improvement. And that certain Rent, Taxes, etc., are due from the said A. B. to the said C. D. And that the said Breach of Covenant was committed on the day of And that the said benefit was given on the day of I award for the said Breach of Covenant the sum of £ 56 The Agricultural Holdings Act. I award for the said Benefit the sum of £ I award for the said Taxes, etc., the sum of £ Award. I therefore award to the said the sum of £ to be paid by the said to the said on or before the , being the balance due by the said to the said on such claims and counter-claims as aforesaid. And I further award that the costs of and attend- ing this reference and award be paid either by the said to the said (or that each party bears his own costs of this reference). Appendix. 57 APPENDIX B. 14 & 15 Vict. c. 25, Sec. ImTe may " 3- That if any tenant of a farm or lands shall, buildings . . . and fixtures alter the passing ol this Act, with the consent erected by untesT/ancS * n w " tm g of tne landlord for the time being, at lord elect to . . , r . ., - take to nis own cost and expense, erect any larm build- them. ing either detached or otherwise, or put up any other building, engines, or machinery, either for agricultural purposes or for the purposes of trade and agriculture (which shall not have been * erected or put up in pursuance of some obliga- tion in that behalf), then all such buildings, engines, and machinery shall be the property of the tenant and shall be removable by him, not- withstanding the same may consist of separate buildings, or that the same or any part thereof may be built in or permanently fixed to the soil, so as the tenant making any such removal do not in anywise injure the land or buildings belonging to the landlord, or otherwise do put the same in like plight and condition, or as good 58 The Agricultural Holdings Act. plight and condition as the same were in before the erection of anything so removed ; provided nevertheless, that no tenant shall, under the provision last aforesaid, be entitled to remove any such matter or thing as aforesaid, without first giving to the landlord or his agent one month's previous notice in writing of his inten- tion so to do, and thereupon it shall be lawful for the landlord or his agent on his authority to elect to purchase the matters and things so proposed to be removed or any of them, and the right to remove the same shall thereby cease and the same shall belong to the landlord, and the value thereof shall be ascertained and determined by two referees, one to be chosen by each party or by an umpire to be named by such referees, and shall be paid or allowed in account by the landlord who shall have so elected to purchase the same." APPENDIX C. For improvements, under Class I., the Legis- lature has compensated tenants upon two different principles : upon the first, repayment to tenant of sum invested ; upon the second, value to landlord for money paid. There seems Appendix. 59 no good reason why, owing to the mere acci- dent of the nature of the ownership, the com- pensation received by the tenant should be different, for the improvement effected is the same in both cases ; nor is there any reason why the two different classes of landlord should not pay the same sum ; but inasmuch as by Section 42 the Legislature restricted the period of repayment to the tenant for life, it was compelled, in order to place him in as good a position as the absolute owner, to allow him to compensate the tenant on the second principle. But even now there seems this flaw in the Act : a tenant for life may still have to pay some- times in effect on the same principle as the absolute owner. Suppose, at the time of con- sent given, landlord absolute owner, the tenant would then be entitled to compensation on the first principle; but the landlord, from whom he obtains compensation, is a tenant for life, and, therefore, the tenant for life pays on the first principle, and obtains a charge limited in duration. To illustrate this further: sum laid out by the tenant £200, addition made thereby to yearly letting value £10; at the time of consent given, landlord absolute owner. Tenancy determined, after three years of improvement exhausted, by landlord who is a tenant for 60 The Agricultural Holdings Act. life. On the first principle, as has been already shown, page 19, tenant entitled to £170; but the person paying the sum is tenant for life, and consequently obtains from the County Court a charge on the holding for repayment of prin- cipal and interest (5 per cent.), limited to seventeen years only. The tables show the annual charge would be £"15 5s. (nearly). The improvement effected only adds £10 a year to the letting value. In such case he will be for seventeen years £5 5s. a year worse off than he would have been had he not been compelled to pay for the improvement. If the first principle of compensation alone prevail, this mischief can be remedied by repealing the provision for limitation of charge in the case of tenant for life, the charge remaining (as in the case of absolute owner it may) perpetual, with power for the absolute owner to purchase such charge, at a capital sum paying per cent. Of the two principles on which compen- sation is given, the latter seems the better. In the first, a case may be supposed where a tenant may lay out money without sufficiently regarding whether it will pay a fair per-centage or not ; and, although the objection may be raised that the landlord need not give his consent to an injudicious outlay, yet, as in many cases he may not be the person who will ultimately Appendix. 61 have to pay, and perhaps not even have to pay anything, he will not take that care which he otherwise would. Upon the second principle the tenant lays out the money at his own risk, and if the outlay is injudicious he will be the sufferer; but if the outlay is so judicious that he receives a large sum for compensation, he is fairly en- titled to it as an equivalent for his skill and knowledge. The landlord is not injured, for whatever it adds to the yearly value he gets back in increased rent. The charge upon the holding can then be made to determine at the period of the exhaustion of the improvement, thus preventing anything resembling a perma- nent charge on the land. Assessing the tenant's claim upon this principle will obviate the neces- sity of an inquiry " as to the sum laid out," which must always be more or less unsatis- factory in its result. If the tenant takes care that the sum expended produces an immediate return of 8 per cent, per annum, it will be found that, no matter when the tenancy be determined, he will not be a loser, as the following tables show. The Agricultural Holdings Act. Tables showing the amount of compensation to which tenant is entitled for first-class im- provement where landlord is absolute owner or not absolute owner: — SUM SUPPOSED TO BE LAID OUT, £lOO. Years of Ex- Where Landlord not Absolute hausted Im- prove- Where Lar Absolute dlord wner. Owner. Improved Rental Improved Rental ments. £5 per annum. £8 per annum. £ * <*• £ s. d. £ * * I 95 60 96 2 90 58 5 94 3 85 56 90 4 80 53 15 86 5 75 ^2 10 84 6 7° 50 80 7 65 47 10 76 8 60 43 J5 ° 70 9 55 4 1 5 66 10 50 37 15 62 ii 45 35 56 12 40 $2 10 52 13 35 28 15 46 14 30 25 40 ! 15 25 2150 34 16 20 17 10 28 J 7 15 13 15 22 18 10 3 ! 5 14 19 5 4 14 7 12 • 20 A.D. 187; AGRICULTURAL HOLDINGS (ENGLAND). [38 & 39 Vict., Ch. 92.] ARRANGEMENT OF CLAUSES. Preliminary. Clauses. i. Short title. 2. Commencement of Act. 3. Extent of Act. 4. Interpretation. Compensation. 5. Tenant's title to compensation. 6. Time in which improvement exhausted. 7. Amount of tenant's compensation in first class. 8. Amount of tenant's compensation in second class. 9. Amount of tenant's compensation in third class. 10. Consent of landlord for first class. 11. Deduction in first class for want of repair, &c. 12. Notice to landlord for second class. 13. Exclusion of compensation in third after exhausting crop. 63 38-9 VlCT.] Agricultural Holdings (Eiig.). [Ch. 92. A.D. 1875. Clauses 16. 17- 18. 19. Exclusion of compensation for consump- tion of cake, &c, in certain cases. Restrictions as to third class. Deductions from compensation for taxes, rent, &c. Set-off of benefit to tenant. Tenant's compensation for breach of covenant. Land's title to compensation. Procedure. 20. 21. 22. 24. 25. 26. 27 28 29 30 3i 32 33 34 35 36 37 38 39 64 Notice of intended claim. Compensation agreed or settled by refer- ence. Appointment of referee or referees and umpire. Requisition for appointment of umpire by Inclosure Commissioners, &c. Exercise of powers of county court. Mode of submission to reference. Power for referee, &c, to require produc- tion of documents, administer oaths, &c. Power to proceed in absence. Form of award. Time for award of referee or referees. Reference to and award by umpire. Duration of improvement to be found. Award to give particulars. Costs of reference. Day for payment. Submission not to be removed, &c. Appeal to county court. Recovery of compensation. Appointment of guardian. Provisions respecting married women. Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. Clauses. AD - 187J 40. Costs in county court. 41. Service of notice, &c. Charge of Tenant's Compensation. 42. Power for landlord, on paying compensa- tion, to obtain charge. 43. Advance made by a company for the im- provement of land. 44. Duration of charge. Crown and Duchy Lands. 45. Application of Act to Crown lands. 46. Application of Act to land of Duchy of Lancaster. 47. Application of Act to land of Duchy of Cornwall. Ecclesiastical and Charity Lands, 48. Landlord, archbishop or bishop. 49. Landlord, incumbent of benefice. 50. Landlord, charity trustees, &c. Notice to Quit. 51. Time of notice to quit. Resumption for Improvements. 52. Resumption of possession for cottages* Fixtures. 53. Tenant's property in fixtures, machinery,- &c. E 65 38-9 Vict.] Agricultural Holdings (Eng.). [Ch. 92. AJ> - 187& General Application of Act. Clauses. 54. No restriction on contract. 55. Adoption of parts of Act by agreement. 56. Application of Act to future tenancies. 57. Application of Act to existing tenancies. 58. Exception of non-agricultural and small holdings. 59. Exception where other compensation. 60. General saving of rights. 66 Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. CHAPTER 92. AD. 1S75. An Act for amending the Law relating to Agri- — cultural Holdings in England. [13th August, 1875.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and con- sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament as- sembled, and by the authority of the same, as follows : Short title. Commence- ment of Act. Extent of Act. Interpreta- tion. E 2 Preliminary. 1. — This Act may be cited as The Agricul- tural Holdings (England) Act, 1875. 2. — This Act shall commence from and im- immediately after the fourteenth of February one thousand eight hundred and seventy-six. 3. — This Act shall not extend to Scotland or Ireland. 4. — In this Act — 11 Contract of tenancy" means a letting of land for a term of years, or for lives, or for lives and years, or from year to year, or at will. "Determination of tenancy" means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause : 67 38-9 Vict.] Agricultural Holdings (Eng.), [Ch. 92. a.d. isio. << Landlord " means the person for the time-being entitled to possession of land subject to a contract of tenancy, or entitled to receipt of rent reserved by a contract of tenancy, whatever be the ex- tent of his interest, and although the land or his interest therein is incum- bered or charged by himself or his settlor, or otherwise, to any extent ; the party to a contract of tenancy under which land is actually occupied being alone deemed to be the landlord in rela- tion to the actual occupier : " Tenant " means the holder of land under a contract of tenancy : "Landlord" or "tenant" includes the asrent or tenant authorized in writing to act under this Act generally, or for any special purpose, and the executors, ad- ministrators, assigns, husband, guardian, committee of the estate, or trustees in bankruptcy, of a landlord or tenant : 11 Holding " includes all land held by the same tenant of the same landlord for the same term under the same contract of tenancy : "Absolute owner" means the owner or person capable of disposing, by appoint- ment or otherwise, of the fee simple or whole interest of or in freehold, copy- hold, or leasehold land, although the land or his interest therein is mortgaged, encumbered, or charged to any extent : 11 County court," in relation to a holding, means the county court within the dis- trict whereof the holding, or the larger part thereof, is situate : 68 Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. A.D. 1875. " Person" includes a body of persons and a corporation aggregate or sole. The designations of landlord and tenant shall, for the purposes of this Act, continue to apply to the parties to a contract of tenancy until the conclusion of any proceedings taken under this Act on the determination of the tenancy. Tenant's title to com- pensation. Compensation. 5. — Where, after the commencement of this Act, a tenant executes on his holding an im- provement comprised in either of the three classes following : First Class. Drainage of land. Making or improving Erection or enlarge- of water-courses, ment of buildings. ponds, wells, or re- Laying down perma- servoirs, or of works nent pasture. for supply for agri- Making and planting cultural or domestic of osier beds. purposes. Making of water mea- Making of fences. dows or works of ir- Planting of hops. rigation. Planting of orchards. Making of gardens. Reclaiming of waste Making or improving land. of roads or bridges. Warping of land. Seconi ) Class. Boning of land with Claying of land. undissolved bones. Liming of land. Chalking of land. Marling of land. Clay-burning. 69 38-9 Vict.] Agricultural Holdings (Eug.). [Ch. 92. A. D. 1875. Third Class. Time ini which im- provement exhausted. Amount of Tenant's compensa- tion in first class. Application to land of purchased artificial or other purchased manure. Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. he shall be entitled, subject to the provisions of this Act, to obtain, on the determination of the tenancy, compensation in respect of the improvement. 6. — An improvement shall not in any case be deemed, for the purposes of this Act, to continue unexhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made : Where the improvement is of the first class, the end of twenty years : Where it is of the second class, the end of seven years : Where it is of the third class, the end of two years : 7. — The amount of the tenant's compensation in respect of an improvement of the first class shall, subject to the provisions of this Act, be the sum laid out by the tenant on the im- provement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the improvement continues unexhausted ; but so that where the landlord was not, at the time of the con- sent given to the execution of the improve- ment, absolute owner of the holding for his own benefit, the amount of the compensation shall not exceed a capital sum fairly represent- 70 Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. a.d. 1875. ing the addition which the improvement, as far as it continues unexhausted at the deter- mination of the tenancy, then makes to the letting value of the holding. T^ant-l 01 8 - — The amount of the tenant's compensation compensa- in respect of an improvement of the second Sond class, class shall, subject to the provisions of this Act, be the sum properly laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the im- provement continues unexhausted. Amount of Q — The amount of the tenant's compensation Tenants -/ . _ -, -*. - . compensa- m respect of an improvement 01 the third class 5S? third shall, subject to the provisions of this Act, be such proportion of the sum properly laid out by the tenant on the improvement as fairly represents the value thereof at the determina- tion of the tenancy to an incoming tenant, consent of jq — The tenant shall not be entitled to com- Landlord for . - , r . v _ nrst class, pensation in respect of an improvement ol the first class, unless he has executed it with the previous consent in writing of the landlord. Deduction; n. — In the ascertainment of the amount of for fl wantof SS the tenant's compensation in respect of an repair, &c. improvement of the first class, there shall be taken into account, in reduction thereof, any sum reasonably necessary to be expended for the purpose of putting the same into tenantable repair or good condition. Notice to 12. — The tenant shall not be entitled to com- s^conddaS pensation in respect of an improvement of the second class, unless, not more than forty-two and not less than seven days before beginning to execute it, he has given to the landlord notice in writing of his intention to do so, nor where 71 38-9 Vict.] Agricultural Holdings (Eng.). [Ch. 92. AD - 1S7 ^- it is executed after the tenant has given or received notice to quit, unless it is executed with the previous consent in writing of the landlord. c E ompe? S a- 0f 1 3-— The tenant shall not be entitled to com- tion in third pensation in respect of an improvement of the exhausting third class, where, after the execution thereof, crop. there has been taken from the portion of the holding on which the same was executed, a crop of corn, potatoes, hay, or seed, or any other exhausting crop. clmpetsa-^ 14 —The tenant shall not be entitled to com- tion for con- pensation in respect of an improvement of the sumption of , u • , i . , • ., * .. ~ cake, &c. in third class, consisting in the consumption of casS iu ca ^ e or otner feeding stuff, where, under the custom of the country or an agreement, he is entitled to and claims payment from the land- lord or incoming tenant in respect of the ad- ditional value given by that consumption to the manure left on the holding at the determination of the tenancy. SfSfKS*? 8 J 5- — In the ascertainment of the amount of as to third •* _ ,, class. compensation in respect of an improvement of the third class, — i. There shall not be taken into account any larger outlay during the last year of the tenancy than the average amount of the tenant's outlay for like purposes during the three next preceding years of the tenancy, or other less number of years for which the tenancy has endured ; and, 2. There shall be deducted the value of the manure that would have been pro- duced by the consumption on the hold- ing of any hay, straw, roots, or green 72 Ch. 92.] Agricultural Holdings {Eng.). [38-9 Vict, Deductions from com- pensation for taxes, rent, &c. Set-off of benefit to Tenant. a.d. 1S75. crops sold off the holding within the last two years of the tenancy or other less time for which the tenancy has endured, except as far as a proper return of manure to the holding has been made in respect of such produce sold off. 16. — The amount of the tenant's compensa- tion shall be subject to the following deductions: 1. For taxes, rates, and tithe-rentcharge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord : 2. For rent due or becoming due in respect of the holding: 3. For the landlord's compensation under this Act. 17. — In the ascertainment of the amount of the tenant's compensation there shall be taken into account in reduction thereof any benefit which the landlord has given or allowed to the tenant in consideration of the tenant executing the improvement. 18. — Where a landlord commits a breach of covenant or other agreement connected with the contract of tenancy, and the tenant claims under this Act compensation in respect of an improve- ment, then the tenant shall be entitled to obtain, on the determination of the tenancy, compensa- tion in respect of the breach, subject and accord- ing to the provisions of this Act. 19. — Where a tenant commits or permits waste, or commits a breach of a covenant or other agreement connected with the contract of tenancy, and the tenant claims compensation under this Act in respect of an improvement, then the landlord shall be entitled, by counter- 73 Tenant's cempensa- tion for breach of covenant. Landlord's title to com- pensation. 38-9 Vict.] Agricultural Holdings (Eng.), [Ch. 92. AD - 1S75 - claim, but not otherwise, to obtain, on the determination of the tenancy, compensation in respect of the waste or breach, subject and according to the provisions of this Act. But nothing in this section shall enable a land- lord to obtain under this Act compensation in respect of waste or a breach committed or per- mitted in relation to a matter of husbandry more than four years before the determination of the tenancy. Notice of intended claim. Compensa tion agreed or settled by reference. Appoint- ment of referee or referees and umpire. Procedure. 20. — Notwithstanding anything in this Act, a tenant shall not be entitled to compensation under this Act unless one month at least before the determination of the tenancy he gives notice in writing to the landlord of his intention to make a claim for compensation under this Act. Where a tenant gives such a notice the land- lord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter-notice in writing to the tenant of his intention to make a claim for compensation under this Act. Every such notice and counter-notice shall state, as far as reasonably may be, the particulars of the intended claim. 21. — The landlord and the tenant may agree on the amount and mode and time of payment of compensation to be paid to the tenant or to the landlord under this Act. If in any case they do not so agree the difference shall be settled by a reference. 22. — Where there is a reference under this Act, a referee, or two referees and an umpire, shall be appointed as follows : 74 Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. a.d^i_875. I# jf trie p ar ties concur, there may be a single referee appointed by them jointly : 2. If before award the single referee dies or becomes incapable of acting, or for seven days after notice from the parties, or either of them, requiring him to act, fails to act, the proceedings shall begin afresh, as if no referee had been appointed : 3. If the parties do not concur in the appointment of a single referee, each of them shall appoint a referee : 4. If before award one of two referees dies or becomes incapable of acting, or for seven days after notice from either party requiring him to act, fails to act, the party appointing him shall appoint another referee : 5. Notice of every appointment of a referee by either party shall be given to the other party : 6. If for fourteen days after notice by one party to the other to appoint a referee, or another referee, the other party fails to do so, then, on the application of the party giving notice, the county court shall within fourteen days appoint a competent and impartial person to be a referee : 7. Where two referees are appointed, then (subject to the provisions of this Act) they shall before they enter on the reference appoint an umpire : 8. If before award an umpire dies or becomes incapable of acting, the referee shall appoint another umpire : g. If for seven days after request from either party the referees fail to appoint an 75 38-9 Vict.] Agricultural Holdings (Eng.). [Ch. 92. A.D. 1875. Requisition for appoint- ment of umpire by Inclosure Commis- sioners, &c. Exercise of powers of county court. umpire, or another umpire, then, on the application of either party, the county court shall within fourteen days appoint a competent and impartial person to be the umpire : 10. Every appointment, notice, and request under this section shall be in writing. 23. — Provided, that where two referees are appointed, an umpire may be appointed as follows : 1. If either party, on appointing a referee, requires, b}' notice in writing to the other, that the umpire shall be appointed by the Inclosure Commissioners for England and Wales, then the umpire, and any suc- cessor to him, shall be appointed, on the application of either party, by those Commissioners : 2. In every other case, if either party, on appointing a referee, requires, by notice in writing to the other, that the umpire shall be appointed by the county court, then, unless the other party dissents by notice in writing therefrom, the 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 Inclosure Commis- sioners for England and Wales. 24. — The powers of the county court under this Act, relative to the appointment of a referee or umpire, shall be exerciseable by the judge of the court having jurisdiction, whether he is with- out or within his district, and may, by consent 76 Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. A.D. 1S75. Mode of submission to reference, Power for referee, ttc. to require production of docu rnents, administer oaths, &c. Power to proceed in absence. Form of award. Time for award of referee or referees. of the parties, be exercised by the registrar of the court. 25. — The delivery to a referee of his appoint- ment shall be deemed a submission to a refer- ence by the party delivering it ; and neither party shall have power to revoke a submission, or the appointment of a referee, without the consent of the other. 26. — The referee or referees or umpire may call for the production of any sample, or voucher or other document, or other evidence which is in the possession or power of either party, or which either party can produce, and which to the referee or referees or umpire seems necessary for determination of the matters referred, and may take the examination of the parties and witnesses on oath, and may administer oaths and take affirmations ; and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury. 27. — The referee or referees or umpire may proceed in the absence of either party where the same appears to him or them expedient, after notice given to the parties. 28. — The award shall be in writing, signed by the referee or referees or umpire. 29. — A single referee shall make his award ready for delivery within twenty- eight days after his appointment. Two referees shall make their award ready for delivery within twenty-eight days after the" 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 77 38-9 Vict.] Agricultural Holdings (Eng.). [Ch. 92. a.d_ist5. forty-nine days after the appointment of the last appointed of them. Reference to 30- — Where two referees are appointed and byumphu act ' l * ^X ^ to mal - 1875< ecclesiastical or charitable purposes except with the previous approval in writing of the Charity Commissioners for England and Wales. Notice to quit. Sce°t f o 51.— Where a half-year's notice, expiring with quit - a year of tenancy, is by law necessary and suffi- cient for determination of a tenancy from year to year, a year's notice so expiring shall by virtue of this Act be necessary and sufficient for the same ; but nothing in this section shall extend to a case where the tenant is adjudged bankrupt, or has filed a petition for a composi- tion or arrangement with his creditors. Resumption for Improvements, 253±i 52—Where on a tenancy from year to year for cottages, a notice to quit is given by the landlord with a &c ' 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, iron- stone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connexion there- with ; . The obtaining of brick earth, gravel, or sand ; The making of a watercourse or reservoir ; 87 38-9 Vict.] Agricultural Holdings (Eng.). [Ch. 92. a.D— 1S75. The making of any road, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith ; and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding. In every such case the provisions of this Act respecting compensation shall apply as on deter- mination of a tenancy in respect of an entire holding. The tenant shall also be entitled to a pro- portionate 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 agree- ment or settled by a reference under this Act, as in case of compensation (but without appeal). The tenant shall further be entitled, at any time within twenty-eight days after ser- vice of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expiration of the then current year of tenancy ; and the notice to quit shall have effect accordingly. Fixtures. Tenant's 53- — Where after the commencement of property in ^[ s Act a tenant affixes to his holding any chinery'&c. engine, machinery, or other fixture for which he is not under this Act or otherwise entitled to compensation, and which is not so affixed in 88 Ch. 92.] Agricultural Holdings (Eng.). [38-9 Vict. A-D- 1875. p UrsU ance of some obligation in that behalf or instead of some fixture belonging to the landlord, then such fixture shall be the pro- perty of and be removable by the tenant : Provided as follows : — 1. Before the removal of any fixture the tenant shall pay all rent owing by him, and shall perform or satisfy all other his obligations to the landlord in respect of the holding : 2. In the removal of any fixture the tenant shall not do any avoidable damage to any building or other part of the holding : 3. Immediately after the removal of any fixture the tenant shall make good all damage occasioned to any building or other part of the holding by the removal : 4. The tenant shall not remove any fix- ture without giving one month's pre- vious notice in writing to the landlord of the intention of the tenant to remove it : 5. At any time before the expiration of the notice of removal, the landlord, by notice in writing given by him to the tenant, may elect to purchase any fix- ture comprised in the notice of re- moval, and any fixture thus elected to be purchased shall be left by the tenant and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming ten- ant of the holding; and any difference as to the value shall be settled by a 89 3-S-g Vict.] Agricultural Holdings (Eng.). [Ch. gl. A.D. 1S7-3. reference under this Act, as in case of compensation (but without appeal) : But nothing in this section shall apply to a steam engine erected by the tenant if, before erecting it, the tenant has not given to the landlord notice in writing of his intention to do so, or if the landlord, by notice in writ- ing given to the tenant, has objected to the erection thereof. General Application of Act. No restric tion on contract. 54. — Nothing in this Act shall prevent a landlord and tenant, or intending landlord and tenant, from entering into and carrying into effect any such agreement as they think fit, or shall interfere with the operation thereof. A a d r°t P of\ct 5-5' — ^ l anc ^ or d an d tenant, whether the byasree- 1 landlord is absolute owner of the holding for ment. n j s own Dene fit or not, may, in any agree- ment in writing relating to the holding, adopt by reference any of the provisions of this Act respecting procedure or any other matter, without adopting all the provisions of this Act ; and any provision so adopted shall have effect in connexion with the agreement accordingly. But where, at the time of the making of the agreement, the landlord is not absolute owner of the holding for his own benefit, no charge shall be made on the holding, under this Act, by virtue of the agreement, greater than or different in nature or duration from the charge which might have been made thereon, under this Act, in the absence of the agree- ment. Application r t