General saving of rights. Interpretation. 60. Except as in this Act expressed, nothing in this Act shall take away, abridge, or prejudicially affect any power, right, or remedy of a landlord, tenant, or other person vested in or exercisable by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a contract of tenancy or other contract, or of any improvements, waste emblements, tillages, away-going crops, fixtures, tax, rate, tithe rentcharge, rent, or other thing. 61. In this Act "Contract of tenancy" means a letting of or agreement A tenancy from year to year under a contract of tenancy "Landlord" in relation to a holding means any person for "Tenant means the holder of land under a landlord for a term of years, or for lives, or for lives and years, or from year to year: "Tenant" includes the executors, administrators, assigns, legatee, devisee, or next of kin, husband, guardian, committee of the estate or trustees in bankruptcy of a tenant, or any person deriving title from a tenant; and the right to receive compensation in respect of any improvement made by a tenant shall enure to the benefit of such executors, administrators, assigns, and other persons as aforesaid: Holding" means any parcel of land held by a tenant : 66 Person includes a body of persons and a corporation aggregate or sole: Live stock" includes any animal capable of being "Manures means any of the improvements numbered The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act. of 1875 and 1876 62. On and after the commencement of this Act, the Agri- Repeal of Acts cultural Holdings (England) Act, 1875, and the Agricultural Holdings (England) Act, 1875, Amendment Act, 1876, shall be repealed. Provided that such repeal shall not affect— (a.) any thing duly done or suffered, or any proceedings pending under or in pursuance of any enactment hereby repealed; or (b.) any right to compensation in respect of improvements to which the Agricultural Holdings (England) Act, 1875, applies, and which were executed before the commencement of this Act; or (c.) any right to compensation in respect of any improvement to which the Agricultural Holdings (England) Act, 1875, applies, although executed by a tenant after the commencement of this Act, if made under a contract of tenancy current at the commencement of this Act; or (d.) any right in respect of fixtures affixed to a holding before the commencement of this Act; and any right reserved by this section may be enforced after the commencement of this Act in the same manner in all respects as if no such repeal had taken place. FIRST SCHEDULE. PART I.-Improvements to which consent of Landlord is required. (1.) Erection or enlargement of buildings. (2.) Formation of silos. (3.) Laying down of permanent pasture. (4.) Making and planting of osier beds. (5.) Making of water meadows or works of irrigation. (6.) Making of gardens. (7.) Making or improving of roads or bridges. (8.) Making or improving of watercourses, ponds, wells, or reservoirs, or works for the application of water power or for supply of water for agricultural or domestic purposes. (9.) Making of fences. (10.) Planting of hops. (11.) Planting of orchards or fruit bushes. Sect. 49. (12.) Reclaiming of waste land. (13.) Warping of land. (14.) Embankment and sluices against floods. PART II.-Improvements in respect of which notice to Landlord is required. (15.) Drainage. PART III.-Improvements to which consent of Landlord is not required. (16.) Boning of land with undissolved bones, (17.) Chalking of land. (18.) Clay-burning. (20.) Liming of land. (21.) Marling of land. (22.) Application to land of purchased artificial or other purchased manure. (23.) Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. SECOND SCHEDULE. Levying distress. Three per centum on any sum exceeding 201. and not exceeding 50l. Two and a half per centum on any sum exceeding 50%. To bailiff for levy, 17. 18. To man in possession, if boarded, 3s. 6d. per day; if not boarded, 5s. per day. For advertisements the sum actually paid. To auctioneer. For sale five pounds per centum on the sum realised not exceeding 100l, and four per centum on any additional sum realised not exceeding 1007., and on any sum exceeding 2007 three per centum. A fraction of 17. to be in all cases considered 1/ Reasonable costs and charges where distress is withdrawn or where no sale takes place, and for negotiations between landlord and tenant respecting the distress; such costs and charges in case the parties differ to be taxed by the registrar of the County Court of the district in which the distress is made. Where leases under power invalid. LEASES.(a) An Act for Granting Relief against Defects in Leases made under Powers of Leasing in certain cases. 12 & 13 VICT. C. 26. 2. Leases which are invalid owing to a deviation from the terms of a power of leasing are to be deemed contracts in equity for such leases as might have been granted under the power, save so far as any variation may be necessary in order to comply with the terms of the power. 4. Where a lease, granted in the intended exercise of a power of leasing, is invalid by reason that at the time of granting (a) As to leases by mortgagees and mortgagors, see 44 & 45, c. 41, s. 18, post, title "Mortgages." As to leases by tenants for life, see 40 & 41 Vict. c. 18, s. 46, and 45 & 46 Vict. c. 38, post, title "Settled Estates." thereof the person granting the same could not lawfully grant such lease, but the estate of such person in the hereditaments comprised in such lease shall have continued after the time when such or the like lease might have been granted by him in the lawful exercise of such power, then such lease shall take effect, and be as valid as if granted at such last-mentioned time. intended exer 5. When a valid power of leasing is vested in or may be What deemed an exercised by a person granting a lease, and such lease (by reason cise of power of the determination of the estate or interest of such person or otherwise) cannot have effect and continuance according to the terms thereof independently of such power, such lease shall, for the purposes of this Act, be deemed to be granted in the intended exercise of such power, although such power be not referred to in such lease. 6. Nothing herein shall extend or be construed to prejudice Saving of certain or take away any right of action or other right or remedy to rights. which, but for the passing of this Act, the lessee named in any such lease as aforesaid, his heirs, executors, administrators, or assigns, would or might have been entitled under or by virtue of any covenant for title or quiet enjoyment contained in such lease, on the part of the person granting the same, or to prejudice or take away any right of re-entry or other right or remedy to which, but for the passing of this Act, the person granting such lease, his heirs, executors, administrators, or assigns, or other the person for the time being entitled to the reversion expectant on the determination of such lease, would or might have been entitled, for or by reason of any breach of the covenants, &c., contained in such lease, and on the part of the lessee, his heirs, executors, administrators, or assigns, to be observed and performed. 7. The Act is not to extend to ecclesiastical, collegiate, or Exemption charitable foundation leases. from Act. An Act to amend the 12 & 13 Vict. c. 26. 13 VICT. c. 17. invalid lease. 2. Where, upon or before the acceptance of rent under any Confirmation of such invalid lease as is mentioned in the 12 & 13 Vict. c. 26, any receipt, memorandum, or note in writing confirming such lease, is signed by the person accepting such rent, or some other person by him thereunto lawfully authorised, such acceptance. shall, as against the person so accepting such rent, be deemed a confirmation of such lease. sioner able and 3. Where, during the continuance of the possession taken Where reverunder any such invalid lease, the person for the time being willing to conentitled (subject to such possession as aforesaid) to the heredita- firm, lessee to accept confirmation. Effect of licence to commit breach of covenant, &c. Licence as to ments comprised in such lease, or to the possession or the receipt of the rents and profits thereof, is able to confirm such lease without variation, the lessee, his heirs, executors, or administrators (as the case may require), or any person who would have been bound by the lease if the same had been valid, shall, upon the request of the person so able to confirm the same, be bound to accept a confirmation accordingly; and such confirmation may be by memorandum or note in writing, signed by the persons confirming and accepting respectively, or by some other persons by them respectively thereunto lawfully authorised. After confirmation and acceptance of confirmation, such lease shall be valid, and shall be deemed to have had from the granting thereof the same effect as if the same had been originally valid. An Act to further Amend the Law of Property and to relieve Trustees. 22 & 23 VICT. c. 35. (a) Leases. 1. Where any licence to do any act which, without such licence, would create a forfeiture or give a right to re-enter under a condition or power reserved in a lease shall hereafter be given to any lessee or his assigns such licence shall, unless otherwise expressed, extend only to the permission actually given, or to any specific breach of any proviso or covenant, or to the assignment, underlease, or other matter thereby specifically authorised to be done, but not so as to prevent any proceeding for any subsequent breach (unless otherwise specified in such licence), and all rights under covenants and powers of forfeiture and re-entry in the lease shall remain in force and be available against any subsequent breach of covenants, &c., as if no such licence had been given; and the condition of re-entry shall be and remain in all respects as if such licence had not been given, except in respect of the particular matter authorised to be done. (b) 2. Where a lease contains a condition of re-entry on assigning, part of property underletting, or doing any other specified act without licence, and a licence shall be given to one of several lessees or co-owners to assign or underlet his share or interest, or to do any other act prohibited without licence, or shall be given to any lessee or owner, or any one of several lessees or owners, to assign or underlet part only of the property, or to do any such act as afore (a) For other sections of this Act, see titles "Inheritance" and "Real Property (Miscellaneous Acts)." (b) See Dumpor's case and notes thereon: (Student's Leading Cases, p. 100.) |