Page:Halsbury Laws of England v1 1907.pdf/490

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AaRICULTURE.

268 Sect.

Sub-Sect.

1

Improve-

4.

Persons under Disability, Trustees

575. The county court may

etc.

for the purposes of the Agricultural

ments to Holdings Acts appoint a guardian of any landlord or tenant Agricultural is an infant or of unsound mind and has no guardian (e). Holdings. Appointment of guardian.

Married

women.

who

576. Where a woman married before 1883 was before her marriage entitled to land, then, if she is entitled to the land for her separate use and is not restrained from anticipation, she is, for the purposes of the Agricultural Holdings Acts, in the same position in respect to if she were unmarried but if she is not so entitled, her husband's concurrence is requisite in anything done by her under the Acts, and she must be examined apart from her husband by the judge of a county court as to her knowledge of the nature and effect of the intended act, and to ascertain that she is acting

the land as



voluntarily (/) Landlord a

A

577.

landlord, whatever his estate or interest in the holding, agreement, and do or have done to him any act in relation to improvements for which compensation is payable under the Agricultural Holdings Acts which he might give, make, do, or have done to him if he were owner in fee simple, or, if his interest is an interest in a leasehold, were possessed of the whole estate in the leasehold {g).

may give any consent, make any

limited

owner.

Trustees etc.

578. Where any sum is due as compensation or under an award made under the Agricultural Holdings Acts from a landlord who is

and profits of the holding otherwise than whether as trustee or otherwise, (1) the amount

entitled to receive the rents

own

for his

benefit,

so due is not recoverable personally against the landlord, but is recoverable only as a charge on the holding (2) the landlord may obtain from the Board of Agriculture and Fisheries a charge on the holding to the amount of the sum which he is required to pay or has paid to the tenant and (3) the tenant, if he is not paid what is due to him within a month after quitting the holding, may obtain from the Board a charge for the amount due to him and costs. Charges in these cases are made in like manner as other charges under the Agricultural Holdings Acts Qi).



Lease

best

rent.

579. W^here any Act or instrument authorising a lease to be made provides that the best rent shall be reserved, it is not necessary, in estimating the best rent, to take into account any increase in the value of a holding arising from any improvements made or paid for by the tenant {i). Site-Sect.

Crown and Duchy lands

5.

Croiun, Duchy, Ecclesiastical

and Charity Lands.

580. The Agricultural Holdings Acts apply to land belonging to His Majesty in right of the Crown and of the Dachy of Lancaster, and to land belonging to the Duchy of Cornwall (k). Agricultural Holdings Act, 1883 (46 (/) Ibid., s. 26. (e)

(g)

Ibid.,

s.

[h)

Ibid.,

s.

(3),

&

47 Vict.

c.

61),

s.

25.

42.

31; Agricultural Holdings Act, 1900 (63

&

64 Vict.

c.

50), ss. 2

3 (3).

(?)

Agricultural Holdings Act, 1883, s. 43. ss. 35—37, which contain special provisions for the raising and

(k) Ibid.,

payment

of compensation in respect of

Crown and Duchy

holdings.