Page:Halsbury Laws of England v1 1907.pdf/489

 Part Y.

— Compensation.

267

as the Board may direct (n). owner of the holding for his

Where the landlord is not the absolute own benefit, no instalment or interest shall be made payable after the time when the improvement will in the opinion of the Board have become exhausted. No estate or interest of the landlord is or can be made subject to forfeiture by

Sect.

1.

Improve-

ments

to

Agricultural Holdings.

reason of his obtaining a charge on the holding from the Board (o). The sum charged by an order of the Board is a charge on the Extent holding for the landlord's interest therein and all interests therein charge. subsequent to that of the landlord, but so that where the landlord's interest is leasehold the charge shall not extend beyond the interest of the landlord, his executors, administrators, and assigns {p).

of

571. Any company incorporated by statute, and having power to Assignment advance money for the improvement of land, may take an assign- of charge. ment of any such charge made by the Board upon any terms that may be agreed upon, and may also assign any charge so acquired by them to any person (q),

572. Where a charge may be made for compensation, the person making the award shall, on the request and at the cost of the landlord, certify the amount to be charged and the term for which the charge may properly be made, having regard to the time when each improvement in respect of which compensation is awarded is to be deemed to be exhausted (a). 573. A charge made by the Board is a land charge within the meaning of the Land Charges Eegistration and Searches Act, 1888, and may be registered accordingly. If not so registered it will be void against a purchaser for value of the land charged Sub-Sect.

3.

— Capital

Money Applicable for Compensation.



id).

{n) If proceedings for compensation are brought against a tenant for life who dies before payment of the compensation, his executors, on making the payment, may obtain a charge on the holding for the amount so paid by them {Gough V. GougJi, [1891] 2 Q. B. 665). (o) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 29; Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 3. Agricultural Holdings Act, {p) Agricultural Holdings Act, 1883, s. 30 1900, s. 3.

(q)

1900,

Agricultural

Holdings Act, 1883,

s.

32



Agricultural Holdings Act,

s. 3.

Agricultural Holdings Act, 1900, s. 3 (2). Tenants' Compensation Act, 1890 (53 & 54 Vict. c. 57), s. 3; Agricultural Holdings Act, 1900, s. 3; Land Charges Eegistration and Searches Act, 1888 (51 & 52 Yict. c. 51), s. 12. (c) See notes (c) and (/), pp. 260, 261, a?*^^'. (d) Agricultural Holdings Act, 1883, s. 29 Agricultural Holdings Act, (a) (6)



1900,

s. 3.

Registration of charge.

(b).

574. Capital money arising under the Settled Land Acts, 1882 to 1890, may be applied (1) in payment of money expended or costs incurred by a landlord in the execution of an improvement comprised in Part I. or Part IL of the First Schedule to the Agricultural Holdings Act, 1900 (c), or paid by or due from him as compensation for any improvement comprised in that schedule, whether claimed under statute, custom, agreement, or otherwise (2) in discharge of any charge created on the holding under the Agricultural Holdings Acts

Certificate as to charge.

Settled ^^^^*

Land