Page:Halsbury Laws of England v1 1907.pdf/578

 Allotments.

356

On the expiration of his tenancy the tenant of an allotment be entitled to compensation for improvements under either Allotments the custom of the country {m) or under statute. Acts. Compensation by statute is regulated by (1) the Agricultural Compensation Holdings Acts, 188B to 1906 (n), and (2) the Allotments and Cottage to tenants. Gardens Compensation for Crops Act, 1887, and it may be claimed by the tenant under either, at his option but no claim for compensation under the former Acts can be made in respect of anything for which a claim has been made under the Act of 1887 (o), and (3) by the Small Holdings and Allotments Act, 1907, which comes into operation on January 1, 1908. Under the last-mentioned Act it is provided that where a council, (1) Under the Small which term will, as we have seen, include the persons appointed by Holdings and a parish meeting to manage allotments, have let an allotment to any Allotments Act, 1907, tenant the tenant shall as against the council have the same rights and the with respect to compensation for improvements effected by planting Agricultural standard or other fruit trees permanently set out, planting fruit Holdings Acts. bushes permanently set out, planting strawberry plants, and planting asparagus, rhubarb, and other vegetable crops which continue productive for two or more years, as if it had been agreed in writing that the allotment should be let as a market garden. The tenant, however, will not be entitled to compensation in respect of any such improvement if executed contrary to an express prohibition in writing by the council affecting either the whole or any part of the allotment; but if the tenant feels aggrieved by any such prohibition, he may appeal to tbe Board of Agriculture and Fisheries, who may confirm, vary, or annul the prohibition, and the decision of the Board shall be final (p), Sect.

6.

Under

783.

may



Under

784. Further, the tenant of an allotment to which the Allotments ^^^^ a-PP^J ^^y, if he SO elects, claim compensation for improvements^and ments under the Allotments and Cottage Gardens Compensation Cottage Gardens for Crops Act, 1887, instead of under the Agricultural Holdings (England) Acts, 1883 to 1906, as amended by the Small Holdings forcrop^'^'' and Allotments Act, 1907, notwithstanding that the allotment Act, 1887. exceeds two acres in extent (q). The law of compensation generally will be found under the title Agriculture, p. 258, ante ; reference is only made here to the special provisions which are applied to compensation for crops, fruit trees and bushes, labour, manure, drains, and structural improvements by the Allotments and Cottage Gardens Compensation for Crops Act, 1887 which Act, it must be remembered, does not extend to the metropolis (?•).

(2)



(m)

As

to

custom

of

AGRICULTrHE. {n) For the provisions Agriculture. (o)

the country and cornpensation thereunder, see of these Acts

Allotments and Cottage Gardens Compensation for Crops Act, 1887

In case of conflict Vict. c. 26), s. 18. this Act are to prevail. (p)

(g) (r)

and

see title _(oO

& 51

between the two codes, the provisions

Small Holdings and Allotments Act, 1907

Agricultural Holdings Act, 1900 (63 (iii.),

and compensation thereunder,

title

&

64 Yict.

(7 c.

Edw.

50),

7, c. 54), s.

Sched.

I.,

27

of

35 (1);

(i.), (ii.),

(iv.).

Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 35 (3). "Metropolis" means the City of London and 50 & 51 yi<3t. c. 26, s. 2.