BESSELL v. Landberg, 9 Jur. 576; 14 L. J. Q. B. 355 . 41 33 CALEDONIAN RAILWAY Co. v. Lockhart, 6 Jur. N. S. 1311; 8 FORD v. Drew, 49 L. J. C. P. 172; 28 W. R. 137 11, 12 HARNETT v. Maitland, 16 L. J. Ex. 134. Hart Dyke, ex parte, re Morrish, 52 L. J. Ch. 570; 31 W. R. 278 Holme v. Brunskill, 47 L. J. Q. B. 610. Hutchinson, ex parte Hutton v. Warren, 5 L. J. Ex. 234 KIMBERLEY v. Dick, 41 L. J. Ch. 38; 20 W. R. 49 25 b LAVIES, re, ex parte Stephens, 47 L J. Ch. Bky. 22; 26 W. R. 136 MANSEL v. Norton, 52 L. J. Ch. 357; 31 W. R. 325 Miles v. Furber, 42 L. J. Q B. 41; 21 W. R. 262 Mogg v. Overseers of Yatton Moon v. Lord Plymouth Morgan v. Davies, 26 W. R. 816 Morant v. Taylor, 45 L. J. M. C. 78; 24 W. R. 461 Morrish, re, ex parte Hart Dyke, 52 L. J. Ch. 570; 31 W. R. 278 11, 12 Moss v. Gallimore NICKELLS v. Atherstone, 11 Jur. 778; 16 L. J. Q. B. 371 52 PAGE 44 68 13, 63 54 69 68 55 41 51 Right v. Darby 41 STEPHENS, ex parte, re Lavies, 47 L. J. Bk. 22; 26 W. R. 136 44 42 TANHAM v. Nicholson Taylor v. Overseers of St. Mary Abbott, 40 L. J. C. P. 45; 19 W. R. 100 Torriano v. Young Turner v. Hutchinson Tutton v. Darke, 6 Jur. N. S. 983; 29 L. J. Exch. 271 ̊ VIVIAN v. Moat, 50 L. J. Ch. 331; 29 W. R. 504 . WALSH v. Lonsdale, 52 L. J. Ch. 2; 31 W. R. 106 51 1272 11, 52 Wilkinson v. Calvert, 47 L. J. C. P. 679; 26 W. R. 829 Whittaker v. Barker THE AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883. THE GENERAL EFFECT OF THE ACT. THE Agricultural Holdings (England) Act, 1883, effects several important changes in the law relating to holdings of whatever size, either wholly agricultural or Sect. 54. pastoral, or in part agricultural and as to the residue. pastoral, or in whole or in part cultivated as a market garden. A contract of tenancy under the Act means a letting Sect. 61. or agreement for a letting for a term of years or for lives, or for lives and years, or from year to year, and contracts of tenancy are divided into two classes: (1) those current at the commencement of the Act (January 1st, 1884), and (2) those beginning after the commencement of the Act. A tenancy from year to year continues to be a tenancy under a contract of tenancy current at the commencement of the Act," until the first day on which either the landlord or tenant of such tenancy could, the one by giving notice to the other immediately after the commencement of the Act, cause such tenancy to determine. As a tenancy from year to year, in the absence of Sect. 33. express agreement, will, after the commencement of the Act, require a year's notice to quit, a Lady Day tenancy will not become a tenancy of the second class until Lady Day 1885, a Michaelmas tenancy will remain a tenancy "under a contract of tenancy current at the commencement of the Act" until Michaelmas 1885. Sect. 57. Sect. 1. The alterations in the law relating to holdings affected by the Act may be considered under four heads : 1. Compensation for improvements. 2. Notices to quit. 3. Fixtures. 4. Distress. 1. Compensation for Improvements. Previously to the passing of this Act, the tenant was not entitled to any compensation for improvements executed during his tenancy. On his quitting his holding, the landlord reaped the sole benefit of the improvements (if any) effected by the tenant, in accordance with the legal maxim: "Quicquid plantatur solo, solo cedit." The exception to this rule was, that in several counties, notably Lincolnshire, Leicestershire and Glamorganshire,* compensation for improvements was to some extent provided by the custom of the country. In the case of all tenancies commencing after this Act, the custom of the country as to compensation will be excluded where the tenant is entitled to compensation under the Act. The tenant for the future is to have compensation for the improvements mentioned in the 1st Schedule to the Act, and such compensation is to be measured by their value to an incoming tenant. In estimating the improvement, the "inherent capabilities of the soil" not to be taken into account as part of the improvement. If these words "inherent capabilities of the soil" should be pressed to include as much as possible, the value of almost any improvement might be reduced to the smallest proportions. It might be said for instance in the case of drainage, that the value of the improvement is such as it is solely on account of the * See the article on this Act in the number of the Nineteenth Century for October, 1883, by the Right Hon. G. Shaw Lefevre. capabilities of soil. If the soil were not such as it is, it would not admit of improvement by drainage. Drainage is of no value in itself, apart from the capabilities of the soil. This view however is not likely to be taken by the interpreters of the Act: but the words will probably have the effect of preventing the tenant obtaining more for an improvement than his actual outlay, coupled with remuneration for his full skill, and for other factors (if any), which make up the value of the improvements, other than the qualities of the soil. In the case of all improvements mentioned in the 1st Sect. 5. Schedule a tenant under a contract of tenancy of the first class is not entitled to compensation under the Act if specific compensation is provided by an agreement in writing, custom or the Agricultural Holdings (England) Act, 1875. Such compensation is to be "deemed to be substituted for compensation " under this Act. The 1st Schedule is divided into three parts. Improvements in the first part are of a permanent nature, Schedule 1, such as the erection of buildings, the laying down of part 1. permanent pasture, the formation of silos, &c. The tenant is not entitled to compensation for any improvements mentioned in this part of the Schedule and Sect. 3. executed after the commencement of the Act, unless the landlord has previously to the execution of the improvement given his consent in writing. The consent may be given on any terms as to compensation or otherwise. If an improvement of this kind has Sect. 2, been executed within ten years before the commencement of the Act, and the landlord gives his consent in writing within one year after the commencement of the Act to the making of it, the tenant may obtain compensation, if he is not entitled to compensation for the same improvement under any contract, custom, or the Agricultural Holdings Act of 1875. sub-s. 2. Schedule 1, part 2. The second part of the 1st Schedule includes only one improvement, viz., Drainage. If an improvement of this nature has been executed within ten years pre- sub-s. 2, Sect. 2, |