PAGE 82 Lister v. Pearson (1903), Estates Gazette, October 17th, 1903 Lloyd and Tooth, In re, [1899] 1 Q. B. 559; 68 L. J. Q. B. 376; 80 L. T. 394 20, 23, 24, 71, 82, 91 London and Yorkshire Bank v. Belton (1885), 15 Q. B. D. 457 ... ... ... ... 44 Masters v. Green (1888), 20 Q. B. D. 807; 59 L. T. 476; 36 W. R. 591; 52 J. P. 597 ... ... ... .. ... 44 11, 33, 65 Mears. Callender, [1901] 2 Ch. 388; 70 L. J. Ch. 621; 84 L. T. Neptune S. N. Co. v. Sclater, [1895] P. 40 ; 64 L. J. P. 8 ; 71 L. T. Paul, In re (1889), 24 Q. B. D. 247; 59 L. J. Q. B. 30; 61 L. T. 20, 67, 106 11, 14, 70, 105 ... Sanders, Re (1885), 54 L. J. Q. B. 331; 52 L. T. 516; 49 J. P. 49, 56 20, 56, 71 Smith v. Callander, [1901] A. C. 297; 70 L. J. P. C. 53 ; 84 L. T. 801 65 Todd v. Bowie (1992), 4 F. 435, Ct. of Sess. Cas. Van Grutten v. Trevenen, [1902] 2 K. B. 82 ; 71 L. J. K. B. 544 ; 87 L. T. 344; 50 W. R. 516 Webb v. Plummer (1819), 2 B. & Ald. 746 ; 21 R. R. 479 38 L. T. 813; 26 W. R. $29 Wrigglesworth v. Dallison (1779), Doug. 201 32 105 2. Under the Allotments and Cottage Gardens PAGE ... 2. Under the Allotments and Cottage Gardens (c) As to improvements ... ... ... ... ... 1. Under the Agricultural Holdings (England) ... ... 2. Under the Allotments and Cottage Gardens (d) As to landlords III. General right to compensation 34 4 4 5 5 (b) As to penal rents and liquidated damages 6 ... ... 6 B.-Agricultural Holdings (England) Act, 1883 ... ... F.-Allotments and Cottage Gardens Compensation for Crops IT having been for many years recognised that there were and are many parts of England in which no sufficient compensation for his unexhausted improvements, and to which he is equitably entitled in respect of his outlay, is secured to the tenant, the "Agricultural Holdings (England) Acts, 1883 to 1900" (a), and the "Allotments and Cottage Gardens Compensation for Crops Act, 1887” (b), are respectively intended to compensate for his outlay an agricultural tenant or a market gardener, and the tenant of an allotment or cottage garden cultivated by a person for pleasure and not for the purposes of his business (e), and to provide a procedure for the ascertainment and recovery of such compensation (d). The Acts, however, are cumulative in their nature, and do (a) These Acts comprise the Agricultural Holdings (England) Act, 1883 (46 & 47 Vict. c. 61); the Tenants Compensation Act, 1890 (53 & 54 Vict. c. 57); the Market Gardeners' Compensation Act, 1895 (58 & 59 Vict. c. 27); and the Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50). (b) 50 & 51 Vict. c. 26. (c) Cooper v. Pearse, [1896] 1 Q. B. 562. (d). In re Holmes and Formby, [1895] 1 Q. B. 174. not prejudicially affect the right of a tenant to claim compensation in respect of an improvement to which he may be entitled under any custom of the country or otherwise (e); but they do provide that no claim for compensation under the Agricultural Holdings (England) Acts shall be made for any matter or thing in respect of which a claim for compensation is made under the Allotments and Cottage Gardens Compensation for Crops Act, 1887, and that in a case where the provisions of these Acts conflict, the provisions of the latter Act shall prevail (ƒ). II. APPLICATION OF ACTS. (a) AS TO TENANTS. 1. Under the Agricultural Holdings (England) Acts.The class of tenants to whom the Agricultural Holdings (England) Acts apply are those who are tenants from year to year, or for years, or for lives, or for lives and years, and the persons who represent any one of these four classes of tenants (g). 2. Under the Allotments and Cottage Gardens Compensation for Crops Act, 1887.-The tenant who can obtain the benefit of the Allotments and Cottage Gardens Compensation for Crops Act, 1887, may be a holder for any term, and the benefit accrues to the legal personal representative of a deceased tenant (h). (b) AS TO HOLDINGS. 1. Under the Agricultural Holdings (England) Acts.— The Acts apply to all holdings, agricultural or pastoral, or partly agricultural and partly pastoral, of whatever size, and also to all holdings of whatever size that are in whole or in part cultivated as market gardens, with the exception of holdings that are let to the tenant during his continuance in the lessor's employ (i). 2. Under the Allotments and Cottage Gardens Compensation for Crops Act, 1887. — The size of the holding (e) 46 & 47 Vict. c. 61, s. 60. (f) 50 & 51 Vict. c. 26, s. 18. (g) 46 & 47 Vict. c. 61, s. 61. (h) 50 & 51 Vict. c. 26, s. 4. (i) 46 & 47 Vict. c. 61, s. 54. under the Allotments and Cottage Gardens Compensation for Crops Act, 1887, must be not more than two acres in extent, and the holding must be cultivated for pleasure or food as a garden or as a farm, or partly as one and partly as the other, and not for the purposes of the tenant's business (k). (c) AS TO IMPROVEMENTS. 1. Under the Agricultural Holdings (England) Acts, 1883 to 1900.-The improvements for which the tenant is entitled to compensation under these Acts are classified into improvements to which the consent of the landlord is required improvements in respect of which previous notice must be given to the landlord; improvements in respect of which it is not necessary to obtain the consent of the landlord or to give notice to him (1). With respect to the first class of improvements, the landlord has an absolute right to say whether he will or will not consent to have his property improved at his own cost, and, if so, on what terms the improvements shall be made; and any amount of compensation agreed upon will be the sum payable in lieu of compensation under the Acts (m). With respect to the second class of improvement, on receipt of the notice the compensation may be agreed upon, and in this case it is substituted for compensation under the Acts; or, in default of an agreement, the compensation is to be fixed under the Acts (n). As to the third class, the landlord need not be consulted about the improvement, or know the amount of compensation for which he is said to be liable, until a claim be made against him. 2. Under the Allotments and Cottage Gardens Compensation for Crops Act, 1887.-The improvements under this Act are divided into three classes: those for which the landlord's previous consent in writing has been obtained; (k) 50 & 51 Vict. c. 26, s. 4. See also Cooper v. Pearse, [1896] 1 Q. B. 562. (1) 63 & 64 Vict. c. 50, s. 1, and sched. 1. (n) 46 & 47 Vict. c. 61, s. 4. |