Liability of crops seized by sheriff to distress for rent. Fixtures. Tithe rentcharge. all the benefits and advantages, and be subject to the terms, conditions, and restrictions, to which the preceding landlord or lessor and such tenant respectively would have been entitled and subject in case the lease or tenancy had determined in manner aforesaid at the expiration of such current year. No notice to quit shall be necessary or required by or from either party to determine any such holding and occupation as aforesaid. 2. In case all or any part of the growing crops of the tenant of farm or lands shall be seized and sold by any sheriff or any other officer under execution, such crops, while remaining on the farm or lands, shall, in default of sufficient distress, be liable to the rent which may accrue and become due to the landlord after any such seizure and sale, and to the remedies by distress for recovery of such rent, notwithstanding any assignment thereof by such sheriff or other officer. 3. (a) If any tenant of a farm or lands shall, after the passing of this Act, with the consent in writing of the landlord for the time being, at his own cost and expense, erect any farm building, or put up any other building, engine, or machinery, either for agricultural purposes or for the purposes of trade and agriculture (which shall not have been erected or put up in pursuance of some obligation in that behalf), all such buildings and machinery shall be the property of the tenant, and shall be removable by him, notwithstanding the same may consist of separate buildings, or that the same, or any part thereof, may be built in, or permanently fixed to the soil, so as the tenant making any such removal do not injure the land or buildings of the landlord, or otherwise do put the same in as good condition as the same were before the erection of anything so removed. Proviso: No tenant shall under this section be entitled to remove any such thing as aforesaid without first giving to the landlord or his agent one month's previous notice in writing of his intention so to do; and the landlord, or his agent on his authority, may elect to purchase the things so proposed to be removed, or any of them, and the right to remove the same shall thereby cease, and the same shall belong to the landlord; and the value thereof shall be determined by two referees (one to be chosen by each party), or their umpire, and shall be paid or allowed in account by the landlord. 4. In case of a tenant leaving any tithe rentcharge unpaid, the landlord, or succeeding tenant, or occupier, may pay the same and any expenses incident thereto, and recover the amount from the first-named tenant or occupier, or his legal representatives, as if it were a simple contract debt. (a) See the further provisions as to fixtures in sect. 34 of 46 & 47 Vict. c. 61, infra. An Act to amend the Process, Practice, and mode of 15 & 16 VICT. c. 76. writ in eject 209. Every tenant to whom any writ in ejectment (a) shall be Duty of tenant delivered or to whose knowledge it shall come, shall forthwith with notice of give notice thereof to his landlord, or his bailiff or receiver, ment. under penalty of forfeiting the value of three years' rack rent of the premises demised or holden in the possession of such tenant, to the person of whom he holds. to recover the 210. In all cases between landlord and tenant (b), as often as When landlord it shall happen that half a year's rent shall be in arrear, and may bring action the landlord or lessor to whom the same is due, has right by law premises. to re-enter for the non-payment thereof, he may, 'without any formal demand or re-entry, proceed in ejectment for recovery of the premises; and in case of judgment against the defendant for non-appearance, if it shall be made appear to the court by affidavit, or be proved upon the trial in case of appearance, that half a year's rent was due before service of the writ, and no sufficient distress was to be found on the premises, the lessor shall recover judgment as if the rent had been legally demanded, and a re-entry made. Such judgment shall be final, (1) unless before execution the rent and costs shall be paid, (2) unless within six months after execution proceedings for relief shall be taken. Proviso: Nothing herein contained shall bar the right of any mortgagee of such lease, or any part thereof, who shall not be in possession 80 as such mortgagee shall, within six months after such judgment obtained and execution enforced, pay the rent and all costs and damages sustained by such lessor or person entitled, and perform all the covenants and agreements which, on the part of the first lessee, are or ought to be performed. trial. 212. If the tenant or his assignee shall, at any time before the Payment before trial, pay or tender to the lessor or landlord, his executors or administrators, or his or their [solicitor] in that cause, or pay court the rent and costs, the proceedings shall cease. into 214. On the trial of any ejectment between landlord and Mesne profits. tenant, the jury may award damages for mesne profits down to the time of the verdict, or to some preceding day to be specially mentioned therein, without prejudice to the landlord's right to mesne profits, from the verdict or day so specified to the day of delivery of possession. (a) An action of ejectment is, by the Rules of the Supreme Court, called "an action to recover the possession of land." (b) This includes the assignee of a lessee (Doe d. Whitfield v. Roe, 3 Taunt. 402); and a sub-lessee (Doe d. Wyatt v. Byron, 1 C. B. 623). Lodger, where distress levied, may make declaration, &c. Penalty. General right of tenant to compensation. Lodgers' Goods Protection Act. 34 & 35 VICT. c. 79. 1. If any superior landlord shall levy a distress on any goods of a lodger (a) for arrears of rent due to such superior landlord by his immediate tenant, such lodger may serve such superior landlord or person employed to levy such distress with a declaration made by such lodger setting forth that such immediate tenant has no right or interest in such goods, and that the same are the property of such lodger; and also setting forth what rent (if any) is due from such lodger to his immediate landlord; and such lodger may pay to the superior landlord or person employed by him as aforesaid such rent or so much thereof as shall be sufficient to discharge his claim. The lodger shall sign and annex to the declaration a correct inventory; and if he make such declaration and inventory knowing the same or either of them to be untrue in any material particular he shall be deemed guilty of a misdemeanour. 2. In case the lodger shall act in accordance with sect. 1, and such superior landlord or person employed by him shall proceed with the distress, he shall be deemed guilty of an illegal distress ; and redress may be had by application to a stipendiary magistrate or two justices of the peace, and by action at law. The Agricultural Holdings (England) Act, 1883. 46 & 47 VICT. c. 61. PART I.-Improvements. Compensation for Improvements. 1. Subject as in this Act mentioned, where a tenant has made on his holding any improvement comprised in the first schedule hereto, he shall, on and after the commencement of this Act, be entitled on quitting his holding at the determination of a tenancy to obtain from the landlord as compensation under this Act for such improvement such sum as fairly represents the value of the improvement to an incoming tenant: Provided always, that in estimating the value of any improvement in the first schedule hereto there shall not be taken into account as part of the improvement made by the tenant what is justly due to the inherent capabilities of the soil. (a) An occupier of part of a house is not a "lodger" within the meaning of the Act unless the person under whom he holds retains some control and dominion over the house: (Morton v. Palmer.) As to Improvements executed before the Commencement of Act. improvements 2. Compensation under this Act shall not be payable in respect Restriction as to of improvements executed before the commencement of this Act, before Act. with the exceptions following, that— (1.) Where a tenant has within ten years before the commencement of this Act made an improvement mentioned in the third part of the first schedule hereto, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compen- 38 & 39 Vict. sation in respect of such improvement; or (2.) Where a tenant has executed an improvement mentioned in the first or second part of the said first schedule within ten years previous to the commencement of this Act, and he is not entitled under any contract, or custom, or under the Agricultural Holdings (England) Act, 1875, to compensation in respect of such improvement, and the landlord within one year after the commencement of this Act declares in writing his consent to the making of such improvement, then such tenant on quitting his holding at the determination of a tenancy after the commencement of this Act may claim compensation under this Act in respect of such improvement in the same manner as if this Act had been in force at the time of the execution of such improvement. As to Improvements executed after the Commencement of Act. c. 92. Part I. 3. Compensation under this Act shall not be payable in respect Consent of of any improvement mentioned in the first part of the first landlord as to improvement in schedule hereto, and executed after the commencement of this first schedule, Act, unless the landlord, or his agent dnly authorised in that behalf, has, previously to the execution of the improvement and after the passing of this Act, consented in writing to the making of such improvement, and any such consent may be given by the landlord unconditionally, or upon such terms as to compensation, or otherwise, as may be agreed upon between the landlord and the tenant, and in the event of any agreement being made between the landlord and the tenant, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act. Part II. 4. Compensation under this Act shall not be payable in respect Notice to of any improvement mentioned in the second part of the first landlord as to improvement in schedule hereto, and executed after the commencement of this Act, first schedule, unless the tenant has, not more than three months and not less than two months before beginning to execute such improvement, given to the landlord, or his agent duly authorised in that behalf, notice in writing of his intention so to do, and of the manner in existing and future contracts of tenancy. which he proposes to do the intended work, and upon such notice being given, the landlord and tenant may agree on the terms as to compensation or otherwise on which the improvement is to be executed, and in the event of any such agreement being made, any compensation payable thereunder shall be deemed to be substituted for compensation under this Act, or the landlord may, unless the notice of the tenant is previously withdrawn, undertake to execute the improvement himself, and may execute the same in any reasonable and proper manner which he thinks fit, and charge the tenant with a sum not exceeding five pounds per centum per annum on the outlay incurred in executing the improvement, or not exceeding such annual sum payable for a period of twenty-five years as will repay such outlay in the said period, with interest at the rate of three per centum per annum, such annual sum to be recoverable as rent. In default of any such agreement or undertaking, and also in the event of the landlord failing to comply with his undertaking within a reasonable time, the tenant may execute the improvement himself, and shall in respect thereof be entitled to compensation under this Act. The landlord and tenant may, if they think fit, dispense with any notice under this section, and come to an agreement in a lease or otherwise between themselves in the same manner and of the same validity as if such notice had been given. Reservation as to 5. Where, in the case of a tenancy under a contract of tenancy current at the commencement of this Act any agreement in writing or custom, or the Agricultural Holdings (England) Act, 1875, provides specific compensation for any improvement comprised in the first schedule hereto, compensation in respect of such improvement, although executed after the commencement of this Act, shall be payable in pursuance of such agreement, custom, or Act of Parliament, and shall be deemed to be substituted for compensation under this Act. Where in the case of a tenancy under a contract of tenancy beginning after the commencement of this Act, any particular agreement in writing secures to the tenant for any improvement mentioned in the third part of the first schedule hereto, and executed after the commencement of this Act, fair and reasonable compensation, having regard to the circumstances existing at the time of making such agreement, then in such case the compensation in respect of such improvement shall be payable in pursuance of the particular agreement, and shall be deemed to be substituted for compensation under this Act. The last preceding provision of this section relating to a particular agreement shall apply, in the case of a tenancy under a contract of tenancy current at the commencement of this Act, in respect of an improvement mentioned in the third part of the first schedule hereto, specific compensation for which is not |