Page:Halsbury Laws of England v1 1907.pdf/516

 —— 294 Sect.

Agriculture. 13,

Sale of

the purchaser (/<;), or when sold by cubic measure with a view immediate felling and removal (I).

to

Growing

651. In the case of the sale of a crop of growing grass in a close purpose of being mown and made into hay by the purchaser, Right to the purchaser acquires a right to the exclusive possession of the exclusive close for that purpose, and may maintain trespass against any possession on sale of person entering the close and taking the grass even with the assent a crop of of the vendor (m). grass. The grant of fruit growing on a tree implies an undertaking by Fruit growing the grantor not to destroy the tree before the fruit is gathered (w). on tree. Crops

etc.

for the

Sect. 14. Farmer may do harvesting etc. on Sunday.

Contracts not v^^ithin his

ordinary calling.

652. A farmer is not a artificer, workman or labourer" within the Sunday Observance Act, 1667 (o), and is not, therefore, liable to penalties under that Act for exercising the work or labour of his ordinary calling, such as hay-making, harvesting etc. on Sunday {p). It is doubtful also whether an agricultural labourer is a labourer " within the enactment {q). Keeping a stallion for use on payment of a price is not part of the work or business of the ordinary calling of a farmer, and a contract by a farmer made and executed on Sunday for the covering of a mare is not therefore void within the statute (?•). Sect. 15.

Meaning term.

of

Sunday Trading. " tradesman,

Tenant Right.

653. " Tenant right " is a term used to express the right of the tenant to take or receive after the determination of his tenancy the benefit of the labour and capital expended by him in cleaning, tilling, and sowing the land during his tenancy, which he would otherwise lose by the determination of the tenancy. Before the Agricultural Holdings Acts, it also included the right to receive such payments from the landlord for unexhausted improvements on the holding as the custom of the country allowed. Since the Agricultural Holdings Acts, it is also sometimes used as including the tenant's right to receive the compensation for all unexhausted improvements which those Acts allow (s). An assignment by an agricultural tenant of all his goods and effects on the farm, and " all his estate and interest thereon and therein," comprises the tenant right or tillages on the farm {t) and an assignment by a tenant of all his goods and effects etc. and "all his tenant right and interest yet to come and unexpired in

Marshall v. (7rem(1875), 1 C. P. D. 35. Smith V. Surman (1829), 9 B. & C. 561. (m) Crosh/ v. Wadsworth (1805), 6 East, 602. (n) See M'IntyreY. Belcher (1863), 14 C. B. (n. (o) 2 Car. 2, c. 7, s. 1. See title Time. {k) {I)

Ip) R. v. Silvester (1864), 33 L. J. (m. c.) 79. Iq) Hid., i)er Mellor, J., at p. 80. (r) Scarfe v. Morgan (1838), 4 M. & W. 270. (s)

See pp. 258

(t)

Gary

v,

et seq.,

ante.

Gary (1862), 10

W.

E. 669.

S.)

at p. 664, ^er

Willes,

J.