A.D. 1906

Notices of

mines and

returns to be given under those sections respectively included a statement containing such particulars as the Secretary of State may prescribe of all accidents which occurred in or about the mine or quarry during the year to which the return relates, and disabled for more than seven days any person employed in or about the mine or quarry from working at his ordinary work.

2.-(1) Section thirty-five of the Coal Mines acridents in Regulation Act, 1887, shall be read as if the quarries. following subsection were substituted for subsection (1) of that section:

c. 77.

66

(i) causes loss of life to any person employed in or about the mine; or

(ii) causes any fracture of the head or of any limb, or any dislocation of a limb, or any other serious personal injury to any person employed in or about the mine; or

"(iii) is caused by any explosion of gas or coal dust, or any explosive, or by electricity, or by overwinding, or by any other such special cause as the Secretary of State specifies by order, and causes any personal injury whatever to any person employed in or about the mine,

the owner, agent, or manager of the mine shall forthwith send notice in writing of the accident, and of any loss of life or personal injury caused thereby, to the inspector of the district, in such form and accompanied by such particulars as the Secretary of State prescribes."

(2) The same subsection shall be substituted 35 & 36 Vict. for so much of section eleven of the Metalliferous Mines Act, 1872, as is repealed by this Act, both as respects the application of that section to metalliferous mines and as respects its application to quarries.

Application to railway sidings in

with mines and quarries.

c. 27.

(b) an accident due to any machinery moved by mechanical power, or to molten metal, hot liquid, explosion, escape of gas or stcam, or to electricity, and so disabling any person employed in the factory or workshop as to cause him to be absent throughout at least one whole day from his ordinary work; or

(c) an accident due to any other special cause which the Secretary of State may specify by order, and causing such disablement as aforesaid; or

(d) an accident disabling for more than seven days a person employed in the factory or workshop from working at his ordinary work,

written notice of the accident, in such form and accompanied by such particulars as the Secretary of State prescribes, shall forthwith be sent to the inspector of the district and also in the case of the accidents mentioned in paragraphs (a) and (b) of this subsection, and (if the order of the Secretary of State specifying the special cause so requires) of accidents mentioned in paragraph (c), to the certifying surgeon of the district.

(2) If any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the inspector as soon as the death comes to the knowledge of the occupier of the factory or workshop.

(3) If any notice with respect to an accident in a factory or workshop required to be sent by this section is not sent as so required, the occupier of the factory or workshop shall be liable to a fine not exceeding ten pounds..

(4) If any accident to which this section applies occurs to a person employed in a factory or workshop the occupier of which is not the actual employer of the person killed or injured, the actual employer shall immediately report the same to the occupier, and in default shall be liable to a fine not exceeding five pounds.

(5) The foregoing provisions of this section shall be substituted for section nineteen of the Factory and Workshop Act, 1901.

and workshops.

1 Edw. 7. c. 22.

notice of

5.-(1) If the Secretary of State considers Power to that, by reason of the risk of serious injury to extend propersons employed, it is expedient that notice visions as to should be given under this Act in every case accidents to of any special class of explosion, fire, collapse dangerous of buildings, accidents to machinery or plant, ♦

Occurrences.

or other occurrences in a mine or quarry, or in a factory or workshop, including any place which for the purpose of the provisions of the Factory and Workshop Act, 1901, with respect to accidents is a factory or workshop, or is included in the word "factory

66

or

workshop," or is part of a factory or workshop, the Secretary of State may by order extend the provisions of this Act requiring notice of accidents to be given to an inspector to any such class of occurrences, whether personal injury or disablement is caused or not, and, where any such order is made, the provisions of this Act shall have effect as extended by the order.

(2) The Secretary of State may by any such order allow the required notice of any occurrence to which the order relates, instead of being sent forthwith, to be sent within the time limited by the order.

6. Section one of the Notice of Accidents Act, 1894, shall be read as if the words "

cause

construc

7.-(1) The enactments mentioned in the Repeal, schedule to this Act are hereby repealed to tion, and the extent specified in the third column of short title. that schedule.

(2) This Act may be cited as the Notice of Accidents Act, 1906, and shall come into operation on the first day of January nineteen hundred and seven, but the Secretary of State may appoint a later date (not being later than the first day of January one thousand nine hundred and eight) for any special provision of the Act to come into operation, and, if a later date is so appointed, that special provision shall not come into operation until that later date.

A.D. 1906.

A.D. 1906.

Tenant's right to compensa

provements.

An Act to improve the position of Tenants of certain Houses, Shops, or other Buildings in Ireland.

[21st December 1906.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

COMPENSATION FOR IMPROVEMENTS. 1.-(1) Subject to the provisions of this Act, a tenant of a holding to which this Act applies tion for im- may, on quitting his holding, claim, in the prescribed manner, compensation to be paid by the landlord in respect of all improvements on bis holding made by him or his predecessors in title which at the date of such claim add to the letting value of the holding, and are suitable to the character of the holding, and have not diminished the letting value of any other property of the same landlord. Provided always that the sum to be awarded as compensation for any improvement shall, in no case, exceed the capitalised value of such addition to the letting value of such holding as the Court

shall determine to be the direct result of such improvement.

(2) In the event of any dispute between a landlord and a tenant with regard to a claim for compensation under this section, such dispute, unless the parties agree to refer it to arbitration, shall be determined by the court in accordance with the provisions of this Act, and the court, in awarding such compensation to the tenant in respect of such improvements, may, in reduction of the tenant's claim, take into consideration the time during which the tenant may have enjoyed the advantage of the improvements and the rent at which such holding had been held, and any benefits which the tenant may have received from his landlord in consideration expressly or impliedly of the improvements made.

(2) A tenant shall not be entitled to any compensation in respect of any improvement made either before or after the passing of this Act which the landlord had undertaken to make, except in cases where the landlord has failed to perform his undertaking within the time agreed on between him and the tenant, or within a time which, in the opinion of the court, is a reasonable time.

(3) A tenant shall not be entitled to any compensation in respect of any improvement made, whether before or after the passing of this Act, in contravention of a contract in writing not to make the improvement.

(4) A tenant shall not be entitled to any compensation in respect of any improvement made, whether before or after the passing of this Act, in pursuance of a contract entered into for valuable consideration, including a building lease.

(5) A tenant shall not be entitled to claim compensation for any improvement made before the passing of this Act, except permanent buildings, unless made within ten years before the date of such claim.

3.-(1) Where a tenant of a holding proposes after the passing of this Act to make improvements in his holding, he shall send to his landlord notice, in the prescribed manner, of his intention to make such improvements, together with a specification and plan of the proposed improvements, and if the landlord or his known agent does not, within three months after the receipt of the notice, send notice of objection, in the prescribed manner, to the tenant, the tenant may proceed to make the proposed improvements; but, if the landlord or his agent sends such notice objecting to all or any of the improvements, the tenant may, in the prescribed manner, apply to the court, and the court may, if satisfied that the improvement will add to the letting value of the holding, and is reasonable and suitable to the character thereof, and will not diminish the letting value of any other property of the same landlord, sanction all or any of the proposed improvements, making such modifications in the specification or plan as the court thinks fit.

(2) Provided always that the landlord may, at any time after receiving the tenant's notice or during the hearing by the court or after the decision of the court, undertake to execute the improvement himself, and may execute the same in a reasonable and proper manner, and charge the tenant with a sum not exceeding five pounds per centum per annum on the outlay incurred in executing the improvement, or at the election of the tenant not exceeding such annual sum payable for a period of

twenty-five years as will repay such outlay in A.D. 1906. the said period, with interest at the rate of three pounds per centum per annum. Any annual sum charged against a tenant under this subsection shall be recoverable as rent.

(3) A tenant shall not be entitled to claim compensation in respect of any improvements made after the passing of this Act unless he has given notice thereof under this section, and (in case the landlord has given notice of objection thereto) the improvements have been sanctioned by the court: Provided that where any sanitary authority under the Public Health (Ireland) Acts, 1878 to 1900, or the Housing of the Working Classes (Ireland) Acts, 1890 to 1896, requires the owner or occupier to make any improvements or execute any works in the holding, the occupier, upon the landlord's default, may make or execute (subject to the provisions of the preceding subsection) such improvements or works, and such improvements or works shall be deemed to be improvements within the meaning of this Act.

of compensation.

4. Where, in the case of any holding, there Conditions are several persons standing in the relation to each other of landlord and tenant, the following provisions shall apply:

Any mesne landlord against whom a claim arises under this Act shall, at the end of his term, be entitled to claim compensation against his immediate landlord in like manner and on the same conditions as if he had himself made the improvements in question:

A mesne landlord shall not be entitled to make a claim under this section unless he has, within the time and in the manner prescribed, sent to his immediate landlord or his agent copies of all documents relating to proposed improvements or claims which have been sent to him, in pursuance of the last preceding section. The said immediate landlord shall thereupon have, in addition to the mesne landlord, the powers conferred by or in pursuance of the last preceding section in like manner as if he were the immediate landlord of the occupying tenant, and shall, in the manner and to the extent prescribed, be bound by the proceedings.

A.D. 1906. quitting the holding, the tenant upon quitting

Sums to be

landlord.

the holding shall, in addition to the compensation (if any) to which he may be entitled in respect of improvements, and notwithstanding any agreement to the contrary, be entitled to compensation for the loss of goodwill and the expense which, by reason of his quitting the holding, he sustains or incurs upon or in connection with the removal of his goods, implements, produce, or stock.

In the event of any difference arising as to any matter under this section, the difference shall, in default of agreement, be settled by the court.

(2) This section shall apply only to houses, shops, and other buildings occupied wholly or to a substantial extent for trade or business purposes, and which are held (a) under tenancies from year to year created after the passing of this Act, or (b) under leases made after the passing of this Act for terms of less than thirty-one years, or for a life or lives, or (c) under contracts of tenancy existing at the passing of this Act where the rent of the holding is under one hundred pounds per

annum.

6. Out of any moneys payable to a tenant deducted by under this Act, all sums due to the landlord from the tenant or his predecessors in title in respect of rent, or in respect of any deterioration of the holding arising from any nonobservance on the part of the tenant of any express or implied covenant or agreement, may be deducted by the landlord, and also any taxes payable by the tenant due in respect of the holding and not recoverable by him from the landlord.

Exceptions. 7. A tenant who is evicted for breach of any condition of his tenancy shall not be entitled to any compensation for disturbance under this Act.

Exclusion

of certain holdings.

ng out.

8. This Act shall not apply to any holding let to the tenant during his continuance in any office, appointment, or employment, or for the temporary convenience, or to meet a temporary necessity, either of the landlord or tenant, provided that any such letting made after the passing of this Act shall be by contract in writing which shall express the purpose for which such letting is made.

Prohibition 9. Any contract (other than a contract either of contract to make or not to make an improvement) made whether before or after the passing of this Act, by virtue of which a tenant would be, directly or indirectly, deprived of his right to obtain compensation under this Act, shall be void unless the court adjudicating upon a claim for compensation by such tenant shall, having regard to all the circumstances of the

10.-(1) The court for the determination of Jurisdiction of the county all matters under this Act shall be the county court. court having jurisdiction where the holding is situate.

(2) Subject to the provisions of this Act, rules for regulating proceedings in a county court under this Act may be made in accordance with the County Courts (Ireland) Acts, 1851 to 1889, and such rules may (inter alia) provide for

(a) the manner in, and the time within, which notices under this Act shall be served;

(b) the manner in which notices, orders, and other documents under this Act may be authenticated;

(c) (subject to the provisions of this Act) the particulars to be inserted in any notice to any person or in any application to or order made by the court under this Act.

(3) Any rules under this section shall be made after consultation with, or notice of consultation sent to, the President of the Incorporated Law Society of Ireland.

11.-(1) Any person aggrieved by any deter. Appeals. mination of the county court under this Act may appeal either

(a) to the judge of assize or a judge of the High Court, as the case may be, in accordance with the provisions of the County Courts (Ireland) Acts, 1851 to 1889, relating to appeals in the case of ordinary civil bills; or

(b) to the Court of Appeal in accordance with rules of the Supreme Court: Provided that if in any proceedings appeals are taken both to the judge of assize or a judge of the High Court and to the Court of Appeal, the appeals shall be heard together by such judge, and a further appeal may be taken from his determination to the Court of Appeal in accordance with rules of the Supreme Court.

of claims.

12. Sections eighteen, twenty-one, twenty- Proceedings three, twenty-six, and twenty-seven of the in respect Landlord and Tenant (Ireland) Act, 1870, 33 & 34 Vict shall, so far as they are applicable, apply to c. 46. proceedings in respect of claims under this Act; and the said section twenty-three shall have effect as if "county court" were substituted therein for "civil bill coure"; and the duty imposed upon the court by the said section twenty-seven shall, on the application of a limited owner, be performed as well where compensation is awarded by the court