$ 47. garden, although such an agreement is a condition precedent to a tenant's right to claim under the Agricultural Holdings Act, 1923, except in the cases of tenancies current on the 1st January, 1896. See Agricultural Holdings Act, 1923, s. 48, sub-s. 2. The council may, however, relieve themselves from the liability to pay compensation for improvements of this class by an express prohibition in writing against the execution of such improvements, but subject to an appeal to the Minister of Agriculture by an aggrieved tenant. The prohibition need not be in the original lease or agreement for tenancy, but may be given at any time before the execution of the improvement. Whether or not the tenant of a small holding or allotment is entitled to compensation for market-garden improvements against the council, he will apparently, if the land is agricultural, pastoral or cultivated as a market garden, be entitled like any other agricultural tenant to compensation for the improvements mentioned in the First Schedule to the Agricultural Holdings Act, 1923, subject to the conditions and provisions of that Act. The rights conferred by the present sub-section are not exclusive of other rights. Under sect. 57 (1) of the Agricultural Holdings Act, 1923, any allotment garden" or any land cultivated as a garden, unless it is cultivated wholly or mainly as a market garden, is excluded from the provisions of that Act. (2) The words in square brackets are added by the Act of 1919. (3) Sub-sect. 1 deals with the rights of the occupying tenant to compensation against the council under whom he holds. This sub-section deals with the rights of the council to compensation against a landlord from whom they have hired land for small holdings or allotments. The council "at the determination of the tenancy on quitting the land" (see notes on pp. 19 to 21 of Spencer's Agricultural Holdings Act, 1923), will be entitled against the landlord to compensation (i) for any improvement mentioned in Part I. of the Second Schedule to this Act, which, with the exception above noticed, is identical with the Third Schedule to the Agricultural Holdings Act, 1923, as if the holding were let or treated as a market-garden under that Act: see sect. 48 of that Act; (ii) for any improvement mentioned in Part II. of the Second Schedule to this Act, which was necessary or proper to adapt the land for small holdings or allotments. The improvements mentioned in Part II. of the Second Schedule to this Act, with the addition of items 18 and 19 which are added by the Act of 1926, are identical with those mentioned in Part I. of the First Schedule to the Agricultural Holdings, Act, 1923, with the addition of drainage, which is comprised in Part II. of the First Schedule to the Agricultural Holdings Act, 1923. They are of a permanent character, and in a case arising merely under the Agricultural Holdings Act, 1923, the consent in writing of the landlord is a condition precedent to the tenant's right to compensation; but such consent will not be required in the case of a tenancy under this Act, for it is provided that the improvements are to be treated as if they were improvements mentioned in Part III. of the First Schedule to the Agricultural Holdings Act, 1908 (which corresponds with Part III. of the First Schedule to the Agricultural Holdings Act, 1923), in respect of which no consent is required. These provisions for compensation might prove very onerous to a landowner letting land for small holdings or allotments, but he may protect himself by agreement to the contrary, or by obtaining a provision for that purpose in the order of hiring. The words in brackets " subject to any provision to the contrary in the agreement or order of hiring are by the Act of 1919 substituted for the words "subject in the case of land hired by agreement to any agreement to the contrary." If the hiring is compulsory the landlord will not in any case be liable except for such" sum as fairly represents the increase (if any) in the value due to these improvements, not to an incoming tenant, as under the Agricultural Holdings Act, 1923, but “to the landlord and his successors in title of the holding." A benefit to the present landlord alone is not enough; it must also affect his successors in title. This would, it is submitted, exclude the case of any temporary or short-lived improvement. The question may arise whether the landlord will be liable to pay compensation to the council for such improvements made by their tenants, and for which they themselves would be liable, as are mentioned in Part III. of the First Schedule to the Agricultural Holdings Act, 1923. These are mainly improvements tending to increase the fertility of the soil, and consisting in the application of some external substance such as artificial manure, lime, &c., to the land, or the consumption on the holding by cattle, sheep, pigs or horses other than those regularly employed on the holding, of corn, cake or other feeding stuff not produced on the holding, or of corn proved to have been produced or consumed on the holding: see Spencer's Agricultural Holdings Act, 1923, p. 132. The present Act does not expressly give the council any right to claim against the landlord in respect of these improvements, and it is submitted that they could not claim under § 47. SS 47, 48. the Agricultural Holdings Act, 1923, s. 1, which only gives the right to compensation "when the tenant of a holding has made thereon any of the scheduled improvements. The council can scarcely be said to have “made” an improvement in fact executed by their tenant. Sect. 23 of the Act of 1919 expressly provides that the right of a council or association in the case of land let for allotments to claim compensation from the landlord shall be subject to the terms of the contract of tenancy. See post, p. 119. As to allotment-gardens, see Allotments Act, 1922, s. 2, sub-s. 6. Provisions as to glebe lands. 34 & 35 Vict. c. 43. (4) The Allotments and Cottage Gardens Compensation for Crops Act, 1887, is repealed by the Allotments Act, 1922, but its provisions for compensation in the case of allotments not more than two acres in extent, whether attached to a cottage or not, held by a tenant under a landlord, and cultivated as a farm or as a garden, or partly as a garden and partly as a farm, are reenacted by the Allotments Act, 1922, s. 3, see post, p. 154. The right of a tenant to claim under that Act would be alternative to his rights under sub-sect. 1 of this section. He cannot claim both ways. The right conferred by this sub-section is confined to tenants of allotments under Part II. of this Act, which must not exceed five acres in extent: see sect. 27, sub-sect. 3. 48. In the case of glebe land or other land belonging to an ecclesiastical benefice hired by a council for the purposes of small holdings or allotments (1.) The provisions of the Ecclesiastical Dilapidations Act, 1871, shall not during the continuance of the tenancy be applicable to the buildings upon the land:1 (2.) At the determination of the tenancy, on the council quitting the land, or at any time within twelvemonths thereafter, the incumbent of the benefice to which the land belongs may apply to the Ecclesiastical Commissioners for their consent to the removal of any buildings which have been erected on the land for the purpose of adapting the land for small holdings or allotments, and, on proof to the satisfaction of the Commissioners that any such buildings are useless, and that it is to the interest of the benefice that they should be removed, the incumbent may, with the consent §§ 48, 49. as the (1) The Ecclesiastical Dilapidations Act, 1871, requires inspection to be made of the buildings of a benefice within three months after the avoidance of the benefice, and a report to be made of the sum (if any) required to make good the dilapidations to which the late incumbent or his estate is liable. Subject to objections, an order is then made stating the repairs and their cost for which the late incumbent, his executors or administrators, is or are liable. The repairs have then to be executed within eighteen months. This Act is not to apply to any buildings upon land hired by a council for small holdings or allotments during the continuance of the tenancy. The law as to ecclesiastical dilapidations is now governed by the Ecclesiastical Dilapidations Measure, 1923 (14 & 15 Geo. 5, No. 3). (2) This sub-section is intended to obviate the hardship of an ecclesiastical benefice being burthened by the upkeep of buildings which are useless to it. At the determination of the tenancy of land hired for small holdings or allotments, the incumbent may apply to the Ecclesiastical Commissioners for their consent to the removal of buildings erected for the purpose of adapting the land for small holdings or allotments which appear useless. Co-operative Societies, &c. 49.—(1.) A county [or borough or urban district] 1 Co-operative council may promote the formation or extension of, and societies, &c. may, subject to the provisions of this section, assist, societies on a co-operative basis, having for their object, or one of their objects, the provision or the profitable working of small holdings or allotments, whether in relation to the purchase of requisites, the sale of produce, credit banking, or insurance, or otherwise, and may employ as their agents for the purpose any such society as is mentioned in sub-section (4) of this section. § 49. (2.) The county [or borough or urban district] 1 council, with the consent of, and subject to regulations made by, the Local Government Board, may for the purpose of assisting a society make grants or advances to the society, or guarantee advances made to the society, upon such terms and conditions as to rate of interest and repayment or otherwise, and on such security, as the council think fit. [The council may also let to the society accommodation for the storage or sale of goods.] 2 (3.) Where the Board themselves provide small holdings under the provisions of this Act, they may, with respect to any such society carrying on business or intending to carry on business in the neighbourhood of those small holdings, exercise the powers of a county council under this section, and the provisions of this section shall apply accordingly, except that references to the Treasury shall be substituted for references to the Local Government Board, and that the expenses and receipts of the Board under this section shall be paid out of and into the Small Holdings Account. (4.) The Board with the consent of the Treasury may out of the Small Holdings Account make grants, upon such terms as the Board may determine, to any society having as its object or one of its objects the promotion of co-operation in connection with the cultivation of small holdings or allotments.4 (1) The words in square brackets are inserted by the Act of 1919. (2) See sect. 3 of the Act of 1926 for the powers of a county council to sell or let small holdings to a "number of persons working on a co-operative system," and sect. 27, sub-sect. 6, of this Act for the powers of a borough, urban district or parish council, to let allotments to persons working on a co-operative system or to an association formed for the purposes of creating or promoting the creation of allotments." This section enables a county or borough, or urban district council but not a parish council, to promote the formation or extension of societies on a co-operative basis which have for their object, or one of their |