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). §§ 29, 30, 31. 30. The sum charged by the order of a county court Incidence under this Act shall be a charge on the holding, or the of charge. 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 beyond the interest of the landlord, his executors, administrators, and assigns, in the tenancy where the landlord is himself a tenant of the holding.1 (1) The latter words of this section prevent 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. trustee. 31. Where the landlord is a person entitled to receive Provision the rents and profits of any holding as trustee, or in in case of any character otherwise than for his own benefit, the amount due from such landlord in respect of compensation under this Act, or in respect of compensation authorised by this Act to be substituted for compensation under this Act, shall be charged and recovered as follows and not otherwise; (that is to say,) (1.) The amount so due shall not be recoverable personally against such landlord, nor shall he (2.) Such landlord shall, either before or after having §§ 31, 32. Trustee tenant shall be entitled to obtain from the county court 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. (4.) The court shall on proof of the tenant's title to 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. (1) This sub-section will enable the landlord trustee to advance moneys belonging to the trust for payment of the compensation. Such an investment of trust money is authorised by 22 & 23 Vict. c. 35, s. 32. See also the Improvement of Land Act, 1864 (27 & 28 Vict. c. 114), s. 60. As the charge may be obtained before the money is actually obtaining a paid, money may be obtained from a land company without any charge. actual advance by the landlord. It is doubtful however, whether a trustee would have the implied power of thus borrowing money on behalf of the trust estate, though this section empowers him to take a charge in his own favour. The trustee will probably arrange to have the charge made in his own favour in the first instance, on or before the payment of the compensation money, and then transfer the charge to a land company if desirable, under the provisions of the next section. See Form 39. Advance company. 32. Any company now or hereafter incorporated by made by a Parliament, and having power to advance money for the improvement of land, may take an assignment of any charge made by a county court under the provisions 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 thein to any person or persons whomsoever. Notice to Quit. 33. Where a half-year's notice, expiring with a year of tenancy is by law necessary and sufficient for determination 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 landlord and tenant of the holding, by writing under their hands, agree that this section shall not apply; 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 § 33. Time of notice to quit. may be excluded. (1) In the case of a tenancy from year to year, a half-year's How the notice, expiring at the end of the first or any subsequent year of section the term, is necessary by law, unless some other period is agreed upon or is implied by local custom: Right v. Darby (a). To exclude this section, express reference should be made to it in the agreement. In Wilkinson v. Calvert (b), 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 the commencement of the Act, to accept six months' notice, would exclude the operation of the Act, six months differing from half-a-year's notice. See Morgan v. Davies (bb). It would seem from Aldenburgh v. Peaple (c), that a landlord General may treat an irregular notice to quit from the tenant as a sur- law as to render. That case, however, has been much shaken by Weddall notices to quit. v. Capes (d), where the efficacy of a surrender to operate in futuro was doubted; and in Johnstone v. Huddlestone (e), 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 (f), Bessell v. Landberg (g). Notice to quit need not be served personally, but it will be sufficient if left with a servant of the tenant at his dwelling (a) 1 T. R. 159. (bb) 3 C. P. D. 260. (c) 6 C. & P. 212. (d) 1 M. & W. 50. 8833,34. house: Jones v. Marsh (h), Doe d. Neville v. Dunbar (i); even though it be shown not to have actually come into the hands of the tenant: Tanham v. Nicholson (j). It may be put under the door of a house, or sent through the post: Alford v. Vickery (k), Papillon v. Brunton (l). Effect of the section in notices given For further particulars of the law relating to notices to quit, see Dixon, p. 432 et seq. It has been suggested that the effect of this section will be to invalidate half year's notices to quit given before the commencement of the Act to take effect after the Act, as the section is expressly made to apply to tenancies under contracts made before January 1, the commencement of the Act. It would seem however more 1884. probable that the Court would hold such notices good. See sect. 60 and the Introduction, p. 7. before Question as to the effect of the Act on existing agreements for half a year's notice. Bankruptcy of tenant. (2) The question arises under the words "unless the landlord, &c.," whether an agreement made before the Act for a half-year's notice to quit will exclude the operation of the Act. It would seem not, for the words apparently contemplate an express reference to this section. Sect. 51 of the Act of 1875, upon which Wilkinson v. Calvert (m) was decided, did not include these words. Moreover in that case the time provided by agreement was not half a year, but six months. It would be safer for a landlord or tenant, wishing to retain a half-year as the time for giving notice to quit, to enter into a fresh agreement after the commencement of the Act. (3) Upon a tenant becoming bankrupt, or filing a petition in 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 &c. 34. Where after the commencement of this Act1 a property in tenant affixes to his holding any engine, machinery, fixtures, machinery, fencing, or other fixture, or erects any building for 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 or building shall be the property of and be removable by the tenant before or (h) 4 T. R. 464. (k) Car. & M. 280. within a reasonable time after the termination of the tenancy. Provided as follows: 1. Before the removal of any fixture or building 2. In the removal of any fixture or building the 3. Immediately after the removal of any fixture 5. At any time before the expiration of the notice (1) It is to be noticed that the erection of the fixture must be 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 the law formerly was that the tenant could not remove anything § 34. What are |