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8 34.

Tenant's fixtures.

Trade fixtures.

14 & 15

fixed to the freehold without committing waste. The tenant might however remove fixtures put up for the ornament of the premises or convenience of his occupation. Such fixtures are called "tenant's fixtures," and include such articles as stoves, grates, hangings, &c. They must however be but slightly fixed, and capable of being moved entire. Fixtures erected for the purposes of trade have also been excepted from the general rule, but the exception was not extended to fixtures put up for agricultural purposes: Elwes v. Mawe (a). In that case the fixtures were a beast-house, a carpenter's shop, a fuelhouse, a cart-house, a pump-house and fold-yard.

Under 14 & 15 Vict. c. 25 if a tenant, after the passing of Vict. c. 25. the Act (24th of July, 1851), with the consent in writing of his landlord, at his own cost erected any farm building, either detached or otherwise, or put up any other building, engine, or machinery, either for agricultural purposes or for the purposes of trade and agriculture (which should not have been erected or put up in pursuance of some obligation in that behalf), then all such buildings, engines, and machinery, became the property of the tenant, and removable by him, notwithstanding the same might consist of separate buildings, or that the same or any part thereof might be built in or permanently fixed to the soil, so as the tenant making any such removal did not in any wise injure the land or buildings belonging to the landlord, or otherwise put the same in like plight or condition, or as good as the same were in before the erection of anything so removed. The tenant however was bound to give the landlord one month's notice of his intention to remove, and the landlord had an option of purchase, the value being ascertained by a reference.

Within

what time a fixture may be removed.

This statute still applies in the case of fixtures erected before January 1st, 1884, on holdings to which the Agricultural Holdings Act, 1875, did not apply (see sect. 62 (d), post, p. 64).

The last-mentioned Act (sect. 53) contains a clause identical with this section.

(4) It is to be noticed that a reasonable time is now given for the removal of fixtures. Previously a tenant, in the absence of express contract, could not remove fixtures after the expiration of the tenancy: Pugh v. Arton (b), Ex parte Stephens, In re Lavies (c). The fixture is now to become the property of the tenant. It would therefore seem doubtful what the remedy of the landlord would be if the tenant removed what was his own property, even after the expiration of a reasonable time. For the general law as to fixtures, see Dixon, p. 454. See Forms 11, 12.

(a) 3 East, 38; 2 Sm. L. C. 169.
(b) L. R. 8 Eq. 626.

(c) 7 Ch. D. 127.

Crown and Duchy Lands.

8 35.

tion of

35. This Act shall extend and apply to land belong- Applica ing to Her Majesty the Queen, her heirs and successors, Act to in right of the Crown.1

With respect to such land, for the purposes of this Act, the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or one of them, or other the proper officer or body having charge of such land for the time being, or in case there is no such officer or body, then such person as Her Majesty, her heirs or successors, may appoint in writing under the Royal Sign Manual, shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord.

Any compensation payable under this Act by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or either of them, in respect of an improvement mentioned in the first or second part of the First Schedule hereto, shall be deemed to be payable in respect of an improvement of land within section one of the Crown Lands Act, 1866,2 and the amount thereof shall be charged and repaid as in that section provided with respect to the costs, charges, and expenses therein ⚫ mentioned.

Any compensation payable under this Act by those Commissioners, or either of them, in respect of an improvement mentioned in the third part of the First Schedule hereto, shall be deemed to be part of the expenses of the management of the Land Revenues of the Crown, and shall be payable to those Commissioners out of such money and in such manner as the lastmentioned expenses are by law payable.

(1) The Agricultural Holdings Act, 1875, applied to land belonging to the Queen in right of the Crown and the Duchy of Lancaster, and to land belonging to the Duchy of Cornwall.

Crown lands.

(2) The Crown Lands Act, 1866 (29 & 30 Vict. c. 62), s. 1, 29 & 30 provides that, if an improvement of land is effected, with refer- Vict. c. 62. ence to any part of the Crown lands, the Commissioners of the Treasury may direct the expenses thereof to be charged as a

§§ 35, 36, 37.

Application of Act to

land of

Duchy of
Lancaster.

Applica

tion of Act

principal sum to the account of the Capital of the Land Revenue of the Crown, provision being made for repayment out of income within a period not exceeding thirty years.

36. This Act shall extend and apply to land belonging to Her Majesty, her heirs and successors, in right of the Duchy of Lancaster.

With respect to such land for the purposes of this Act, the Chancellor for the time being of the Duchy shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord.

The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the first or second part of the First Schedule to this Act shall be deemed to be an expense incurred in improvement of land belonging to Her Majesty, her heirs or successors, in right of the Duchy, within section twenty-five of the Act of the fifty-seventh year of King George the Third, chapter ninety-seven, and shall be raised and paid as in that section provided with respect to the expenses therein mentioned.

The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement mentioned in the third part of the First Schedule to this Act shall be paid out of the annual revenues of the Duchy.

37. This Act shall extend and apply to land belong

to land of ing to the Duchy of Cornwall.

Duchy of Cornwall.

With respect to such land, for the purposes of this Act, such person as the Duke of Cornwall for the time being, or other the personage for the time being entitled to the revenues and possessions of the Duchy of Cornwall, from time to time, by sign manual, warrant, or otherwise, appoints, shall represent the Duke of Cornwall or other the personage aforesaid, and be deemed to be the landlord, and may do any act or thing under this Act which a landlord is authorised or required to do thereunder.

88 37,

38, 39.

Any compensation payable under this Act by the Duke of Cornwall, or other the personage aforesaid, in respect of an improvement in the first cr second part of the First Schedule to this Act shall be deemed to be payable in respect of an improvement of land within. section eight of the Duchy of Cornwall Management 26 & 27 Act, 1863, and the amount thereof may be advanced and paid from the money mentioned in that section, subject to the provision therein made for repayment of sums advanced for improvements.

Ecclesiastical and Charity Lands.

Vict. c. 49.

38. Where lands are assigned or secured as the en- Landlord, archbishop dowment of a see, the powers by this Act conferred on a or bishop. landlord shall not be exercised by the archbishop or bishop, in respect of those lands, except with the previous approval in writing of the Estates Committee of the Ecclesiastical Commissioners for England.1

Ecclesiastical Commissioners,

&c.

(1) Under this and the two following sections it would seem Previous advisable, that tenants of ecclesiastical or charity lands should approval satisfy themselves, that their ostensible landlords have received of the the previous approval of the Estates Committee of the Ecclesiastical Commissioners, the patron, the Governors of Queen Anne's Bounty, or the Charity Commissioners (as the case may be), before making any improvement for which consent is required, or entering into any agreement as to compensation. These sections however only apply to powers; where a simple notice has to be given, it would be sufficient to give it to the person entitled to receive the rents and profits, who is the landlord according to the definition clause (sect. 61).

incumbent of benefice.

39. Where a landlord is incumbent of an eccle- Landlord, siastical benefice, the powers by this Act conferred on a landlord shall not be exercised by him in respect of the glebe land or other land belonging to the benefice, except with the previous approval in writing of the patron of the benefice, that is, the person, officer, or authority who, in case the benefice were vacant, would be entitled to present thereto, or of the Governors of Queen Anne's

88 39, 40, 41.

Landlord, charity trustees,

&c.

Resumption of possession for cottages, &c.

Bounty (that is, the Governors of the Bounty of Queen
Anne for the Augmentation of the Maintenance of the
Poor Clergy).1

In every such case the Governors of Queen Anne's Bounty may, if they think fit, on behalf of the incumbent, out of any money in their hands, pay to the tenant the amount of compensation due to him under this Act; and thereupon they may, instead of the incumbent, obtain from the county court a charge on the holding, in respect thereof, in favour of themselves.

Every such charge shall be effectual, notwithstanding any change of the incumbent.

The

(1) It is to be noticed that this section is alternative. previous approval either of the patron or the Governors of Queen Anne's Bounty must be obtained. See also note to the preceding section.

40. The powers by this Act conferred on a landlord in respect of charging the land shall not be exercised by trustees for ecclesiastical or charitable purposes, except with the previous approval in writing of the Charity Commissioners for England and Wales.1

(1) See note to sect. 38.

Resumption for Improvements, and Miscellaneous.

41. Where on a tenancy from year to year a notice to quit is given by the landlord with a view to the use of land for any of the following purposes:

The erection of farm labourers' cottages or other houses, with or without gardens;

The providing of gardens for existing farm labourers' cottages or other houses;

The allotment for labourers of land for gardens or other purposes;

The planting of trees;

The opening or working of any coal, ironstone, lime

stone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of

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