Security. The Employers and Workmen Act, 1875. 8. 8. the Act, notice of a special defence or of a counter-claim must be given in the usual manner, the practice as to which will be found fully detailed already (1). The only matter of practice under the Act which requires special notice is the following provision as to the mode of giving security (m). And, no other rules having been prescribed, security is given in the same mode as in ordinary cases (m). "A person may give security under this Act in a County "Court or Court of summary jurisdiction by an oral or written " acknowledgment in or under the direction of the Court of "the undertaking or condition by which and the sum for which "he is bound, in such manner and form as may be prescribed 66 by any rule for the time being in force, and in any case where "security is so given, the Court in or under the direction of "which it is given may order payment of any sum which may "become due in pursuance of such security. "The Lord Chancellor may at any time after the passing of "this Act, and from time to time make, and when made, "rescind, alter, and add to, rules with respect to giving security "under this Act."-38 & 39 Vict. c. 90, s. 8. (1) See ante, Book II. cap. viii., p. 319, as to Special Defences, and p. 329, as to Counter-claims. (m) As to the general mode of giving security see ante, Book II. cap. xi., pp. 378 et seq. BOOK V.-DIVISION III. PROCEEDINGS UNDER SPECIAL STATUTES PROVIDING CHAPTER VIII. JURISDICTION AND PROCEEDINGS UNDER "THE AGRICULTURAL IT is intended in the present chapter to consider those pro- Division of visions of "The Agricultural Holdings Act, 1875"-38 & 39 the subject. Vict. c. 92-under or in respect of which the County Courts exercise jurisdiction (a). There are certain sections of "The Agricultural Holdings Enactments Act, 1875," which are of general application, and from a perusal of "The of which the scheme of the Act may easily be ascertained. The Agricultural following are the sections referred to : Holdings Act, 1875," which "This Act may be cited as "The Agricultural Holdings are of general "(England) Act, 1875."-38 & 39 Vict. c. 92, s. 1. "This Act shall commence from and immediately after the "fourteenth day of February, one thousand eight hundred and "seventy-six."-38 & 39 Vict. c. 92, s. 2. "In this Act application. Short title. The Agri cultural Holdings Act, 1875. 8. 1. Commence- Id., s. 2. "Contract of tenancy' means a letting of land for a term "of years, or for lives, or for lives and years, or from "year to year, or at will: "Determination of tenancy' means the cesser of a con"tract of tenancy by reason of effluxion of time, or "from any other cause : "Landlord' means the person for the time being entitled Id., s. 4. "to possession of land subject to a contract of tenancy, or entitled to receipt of rent reserved by a "contract of tenancy, whatever be the extent of his (a) In pursuance of this object the principal sections of the Act to which it is probable that reference will be made in the County Court are set out verbatim. But the following sections of the Act are omitted as inapplicable to General County Court Practice, viz., the section by which the Act is applied to Crown Lands (sect. 45); to Lands of the Duchy of Lancaster (sect. 46); to Lands of the Duchy of Cornwall (sect. 47); and to Ecclesiastical and Charity Lands (sects. 48 to 50, both inclusive); and see also the Amendment Act of 1876; also sect. 51, by which a year's notice is required in tenancies affected by the Act, instead of six months' notice; and sect. 52, which gives a landlord a right to resume, by notice specifying the object, part of a holding if such part be required for certain improvements subject to compensation to the tenant to be assessed by arbitration without any appeal; and sect. 53 relating to Fixtures. Tenant's title to compensation. The Agricultural Holdings Act, 1875, 8. 5. 66 "interest, and although the land or his interest therein is incumbered or charged by himself or his "settlor, or otherwise, to any extent; the party to a "contract of tenancy under which land is actually occupied being alone deemed to be the landlord in "relation to the actual occupier : 66 "Tenant' means the holder of land under a contract of tenancy: 66 66 66 66 "Landlord' or 'tenant' includes the agent authorised in writing to act under this Act generally, or for any special purpose, and the executors, administrators, assigns, husband, guardian, committee of the estate, or trustees in bankruptcy, of a landlord or tenant: "Holding' includes all land held by the same tenant of "the same landlord for the same term under the same "contract of tenancy : 66 "Absolute owner' means the owner or person capable "of disposing, by appointment or otherwise, of the "fee simple or whole interest of or in freehold, copyhold, or leasehold land, although the land or his "interest therein is mortgaged, encumbered, or charged to any extent : 66 66 "County Court' in relation to a holding, means the County Court within the district whereof the hold"ing or the larger part thereof is situate : "Person' includes a body of persons and a corporation 66 aggregate or sole. "The designations of landlord and tenant shall, for the purposes of this Act, continue to apply to the parties to a "contract of tenancy until the conclusion of any proceedings "taken under this Act on the determination of the tenancy." -38 & 39 Vict. c. 92, s. 4. 66 'Where, after the commencement of this Act, a tenant "executes on his holding an improvement comprised in either "of the three classes following: he shall be entitled, subject to the provisions of this Act, to obtain, on the determination of the tenancy, compensation in respect of the improvement."-38 & 39 Vict. c. 92, s. 5. "An improvement shall not in any case be deemed, for the Time in purposes of this Act, to continue unexhausted beyond the which imrespective times following after the year of tenancy in which provement the outlay thereon is made: "Where the improvement is of the first class, the end of The Agri"twenty years: "Where it is of the second class, the end of seven years: Holdings “Where it is of the third class, the end of two years."-38 & 39 Vict. c. 92, s. 6. pro exhausted. cultural 8. 6. Amount of tion in first class. Ibid., s. 7. Act, 1875, The amount of the tenant's compensation in respect of an improvement of the first class shall, subject to the tenant's visions of this Act, be the sum laid out by the tenant on the compensaimprovement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of -tenancy in which the outlay is made and while the improve"ment continues unexhausted; but so that where the landlord was not, at the time of the consent given to the execution of the improvement, absolute owner of the holding for "his own benefit, the amount of the compensation shall not exceed a capital sum fairly representing the addition which the improvement, as far as it continues unexhausted at the → determination of the tenancy, then makes to the letting value of the holding."-38 & 39 Vict. c. 92, s. 7. tenant's in second The amount of the tenant's compensation in respect of an Amount of improvement of the second class shall, subject to the pro→ visions of this Act, be the sum properly laid out by the compensation tenant on the improvement, with a deduction of a propor- class. tionate part thereof for each year while the tenancy endures Ibid., s. 8. after the year of tenancy in which the outlay is made and while the improvement continues unexhausted.”—38 & 39 Vict. c. 92, s. 8. "The amount of the tenant's compensation in respect of an Amount of "improvement of the third class shall, subject to the pro tenant's compensation The Agricultural Holdings Act, 1875, 8. 9. Consent of Id., s. 10. in first class for want of repair, &c. Id., s. 11. Notice to landlord for second class. Id., s. 12. Exclusion of compensation in third class after exhausting crop. Id., s. 13. Exclusion of compensation for consumption of cake, &c., in certain cases. Id., s. 14. Restrictions "visions of this Act, be such proportion of the sum properly "laid out by the tenant on the improvement as fairly repre"sents the value thereof at the determination of the tenancy "to an incoming tenant."-38 & 39 Vict. c. 92, s. 9. 66 The tenant shall not be entitled to compensation in "respect of an improvement of the first class, unless he has "executed it with the previous consent in writing of the land"lord."-38 & 39 Vict. c. 92, s. 10. "In the ascertainment of the amount of the tenant's com"pensation in respect of an improvement of the first class, "there shall be taken into account, in reduction thereof, any 66 sum reasonably necessary to be expended for the purpose of "putting the same into tenantable repair or good condition."38 & 39 Vict. c. 92, s. 11. 66 "The tenant shall not be entitled to compensation in respect "of an improvement of the second class, unless not more than forty-two and not less than seven days before beginning to . "execute it, he has given to the landlord notice in writing of "his intention to do so, nor where it is executed after the "tenant has given or received notice to quit, unless it is exe"cuted with the previous consent in writing of the landlord." -38 & 39 Vict. c. 92, s. 12. "The tenant shall not be entitled to compensation in respect "of an improvement of the third class, where, after the execu"tion thereof, there has been taken from the portion of the holding on which the same was executed, a crop of corn, "potatoes, hay, or seed, or any other exhausting crop.' 38 & 39 Vict. c. 92, s. 13. 66 66 "The tenant shall not be entitled to compensation in respect of an improvement of the third class, consisting in the consumption of cake or other feeding stuff, where, under the "custom of the country or an agreement, he is entitled to and "claims payment from the landlord or incoming tenant in respect of the additional value given by that consumption to "the manure left on the holding at the determination of the tenancy."-38 & 39 Vict. c. 92, s. 14. 66 "In the ascertainment of the amount of compensation in respect of an improvement of the third class,— 66 (1.) There shall not be taken into account any larger "outlay during the last year of the tenancy than "the average amount of the tenant's outlay for "like purposes during the three next preceding years of the tenancy, or other less number of years for which the tenancy has endured; and, "(2.) There shall be deducted the value of the manure "that would have been produced by the consumption on the holding of any hay, straw, "roots, or green-crops sold off the holding "within the last two years of the tenancy or 66 |