and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding.

In every such case the provisions of this Act respecting compensation shall apply as on determination of a tenancy in respect of an entire holding.

The tenant shall also be entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit, and in respect of any depreciation of the value to him of the residue of the holding, caused by the withdrawal of that land from the holding or by the use to be made thereof, and the amount of that reduction shall be ascertained by agreement or settled by a reference under this Act, as in case of compensation (but without appeal).

The tenant shall further be entitled, at any time within twenty-eight days after service of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expiration of the then current year of tenancy; and the notice to quit shall have effect accordingly.

The notice by the landlord must be a year's notice, expiring with the year of tenancy, unless the tenant and the landlord have agreed that a six months' notice will be sufficient, under s. 33. It must specifically mention one or more of the purposes named in the section for which the land is required. There is no limit to the quantity of the land the landlord may include in the notice; and, of course, he can mention as many of the different purposes named as he pleases. See Form 14, post, Chap. IV.

Notice by tenant accepting notice to quit part as one to quit entire holding.-Form 15, post, Chap. IV.

Compensation. The procedure as to ascertaining compensation will be precisely the same as if the tenant was going to quit the entire holding. He must claim compensation, otherwise he will not be entitled at all under the Act.

The reduction of rent will not be merely a reduction of so much per acre, having regard to the quantity taken, but it will be a reduction based on acreage and the special value the land taken had to the tenant. It may be the best land on the whole farm, or the most convenient, or it may, from various circumstances, make the rest worth so much less per acre, or the proposed purpose to which it is to be applied may depreciate the rest. All these circumstances will have to be considered in fixing the reduction.

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Notice by tenant. -The tenant can within twenty-eight days of the service of the notice, serve the landlord with a counter-notice that he intends to give up the whole holding; and on his doing this the landlord's notice, though only relating to part, is to be taken as applying to the whole, and the whole tenancy will determine at the expiration of the landlord's notice. All the provisions as to compensation on the determination of a tenancy will then apply to the whole.

42. Provision as to limited owners.] Subject to the provisions of this Act in relation to Crown, duchy, ecclesiastical, and charity lands, a landlord, whatever may be his estate or interest in his holding, may give any consent, make any agreement, or do or have done to him any act in relation to improvements in respect of which compensation is payable under this Act which he might give or make or do or have done to him if he were in the case of an estate of inheritance owner thereof in fee, and in the case of a leasehold possessed of the whole estate in the leasehold.

43. Provision in case of reservation of rent.] When, by any Act of Parliament, deed, or other instrument, a lease of a holding is authorised to be made, provided that the best rent, or reservation in the nature of rent, is by such lease reserved, then, whenever any lease of a holding is, under such authority, made to the tenant of the same, it shall not be necessary, in estimating such rent or reservation, to take into account against the tenant the increase (if any) in the value of such holding arising from any improvements made or paid for by him on such holding.

This section protects a continuing, or, as he is more frequently termed, a sitting, tenant. On the expiration of a lease it would have been the lessor's duty to have charged the tenant the best rent that could be got, not merely to continue him at his old rent ; and if by various improvements made by the tenant the letting value was increased, the tenant would have to be charged such increased letting value. This section is framed to give the lessor an option in the matter in ascertaining what rent a sitting tenant on taking a new lease shall pay ; the increased value of the farm arising from the tenant's improvements need not be charged, it can be if the lessor likes to do so; the only thing the clause does is to provide that there is no legal obligation to do it, and that the lease will be valid if it is not done.

44. Limitation of distress in respect of amount and time.] After the commencement of this Act it shall not be lawful for any landlord entitled to the rent of any holding to which this Act applies to distrain for rent, which became due in respect of such holding, more than one year before the making of such distress, except in the case of arrears of rent in respect of a holding to which this Act applies existing at the time of the passing of this Act, which arrears shall be recoverable by distress up to the first day of January one thousand eight hundred and eighty-five to the same extent as if this Act had not passed.

Provided that where it appears that according to the ordinary course of dealing between the landlord and tenant of a holding the payment of the rent of such holding has been allowed to be deferred until the expiration of a quarter of a year or half a year after the date at which such rent legally became due, then for the purpose of this section the rent of such holding shall be deemed to have become due at the expiration of such quarter or half year as aforesaid, as the case may be, and not at the date at which it legally became due.

Arrears of rent due to the landlord beyond the year's rent that can be distrained for may be recovered up to six years in any way except by distress.

Time for distress.-The distress must be made within the year unless the tenants are permitted to pay their rents some months after the legal rent day: Thus, where the rent is due Lady-day, the distress for the year's rent will have to be made on Lady-day, for, if made afterwards, only half a year's, or a quarter's rent, as the case may be, can be distrained for; so, where rent is due Lady-day but the landlord is in the habit of allowing the tenant until the following Michaelmas day to pay it, and it is not then paid, the landlord can distrain for a year's arrears, although eighteen months may have passed; and, if the lease provides for payment in advance, for that also if unpaid when legally due: see Ex parte Bull (1887), 18 Q. B. D. 642.

Penal rents and liquidated damages.-As to distresses for penal rents or other liquidated damages, see Agricultural Holdings Act, 1900, s. 6, infra, p. 76.

45. Limitation of distress in respect of things to be distrained.] Where live stock belonging to another

person has been taken in by the tenant of a holding to which this Act applies to be fed at a fair price agreed to be paid for such feeding by the owner of such stock to the tenant, such stock shall not be distrained by the landlord for rent where there is other sufficient distress to be found, and if so distrained by reason of other sufficient distress not being found, there shall not be recovered by such distress a sum exceeding the amount of the price so agreed to be paid for the feeding, or if any part of such price has been paid exceeding the amount remaining unpaid, and it shall be lawful for the owner of such stock, at any time before it is sold, to redeem such stock by paying to the distrainer a sum equal to such price as aforesaid, and any payment so made to the distrainer shall be in full discharge as against the tenant of any sum of the like amount which would be otherwise due from the owner of the stock to the tenant in respect of the price of feeding Provided always, that so long as any portion of such live stock shall remain on the said holding the right to distrain such portion shall continue to the full extent of the price originally agreed to be paid for the feeding of the whole of such live stock, or if part of such price has been bonâ fide paid to the tenant under the agreement, then to the full extent of the price then remaining unpaid.

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Agricultural or other machinery which is the bonâ fide property of a person other than the tenant, and is on the premises of the tenant under a bonâ fide agreement with him for the hire or use thereof in the conduct of his business, and live stock of all kinds which is the bonâ fide property of a person other than the tenant, and is on the premises of the tenant solely for breeding purposes, shall not be distrained for rent in arrear.

Live stock includes any animal capable of being distrained (46 & 47 Vict. c. 61, s. 61).—As to this section, vide infra, p. 56.

Price does not always mean coin of the realm, and the section should receive a liberal construction: Thus, where it appeared that the tenant had taken in cows under an agreement to take their milk for the food supplied by him, it was held that there was an agistment within the meaning of the section; in

other words, the owner of the agisted stock is protected to the extent of his bargain if a fair equivalent for the feeding be paid by him (London and Yorkshire Bank v. Belton (1885), 15 Q. B. D. 457).

It is not an agreement to pay for feeding within the section, where stock are allowed to graze on a farm by the tenant in consideration of the sum of two pounds paid for “the exclusive right to feed the grass for four weeks." Such an agreement is one merely for "use and occupation" for a limited time (Masters v. Green (1888), 20 Q. B. D. 807; 59 L. T. 476; 36 W. R. 591 ; 52 J. P. 597).

General exemptions from seizure.—Any goods or chattels of the tenant or his family which would be protected from seizure in execution under s. 147 of the County Courts Act, 1888, are exempt from distress for rent except in a case where the lease, term, or interest of the tenant has expired, and where possession of the premises in respect of which the rent is claimed has been demanded and where the distress is made not earlier than seven days after such demand (Law of Distress Amendment Act, 1888, 51 & 52 Vict. c. 21, s. 4): these exempted goods are the wearing apparel and bedding of the tenant and his family and the tools and implements of his trade to the value of five pounds; moreover, it has been held that a bedstead where used as part of the sleeping accommodation is covered by the word "bedding" (Davis v. Harris, [1900] 1 Q. B. 729).

Distress of exempt goods and chattels.—A court of summary jurisdiction, on complaint that goods or chattels exempt under s. 4 of the Law of Distress Amendment Act, 1888, from distress for rent, have been taken under such distress may by summary order direct that the goods and chattels so taken, if not sold, be restored ; or, if they have been sold, that such sum as the court may determine to be the value thereof shall be paid to the complainant by the person who levied the distress or directed it to be levied (Law of Distress Amendment Act, 1895 (58 & 59 Vict. c. 24), s. 4).

46. Remedy for wrongful distress under this Act.] Where any dispute arises

(a) in respect of any distress having been levied contrary to the provisions of this Act; or

(b) as to the ownership of any live stock distrained, or as to the price to be paid for the feeding of such stock; or

(c) as to any other matter or thing relating to a distress. on a holding to which this Act applies :

such dispute may be heard and determined by the county court or by a court of summary jurisdiction, and any such county court or court of summary jurisdiction may make an order for restoration of any live stock or things unlaw