Page:Halsbury Laws of England v1 1907.pdf/579

 Allotments.

357

Seot. 6. In that Act ''allotment " means any parcel of land of not more Under than two acres in extent held by a tenant under a landlord and cultivated as a garden (s) or as a farm, or partly as a garden and Allotments Acts, partly as a farm; "cottage garden" means an allotment attached " " holding means an allotment or cottage garden Definitions. to a cottage " tenant " means the holder of a holding under a landlord for any term, and includes the legal personal representative of a deceased " landlord " means the person for the time being entitled tenant to receive the rents and profits of any holding; "contract of tenancy" means the letting of land for any term; "determination of tenancy" means the cesser of a contract of tenancy by effluxion of time or from any other cause {t).





785. Upon the determination of the tenancy of a holding the Eight to tenant is entitled, notwithstanding any agreement to the contrary, to compensation, obtain from the landlord compensation (1) for crops, including fruit, growing upon the holding in the ordinary course of cultivation, and for fruit trees and fruit bushes planted by the tenant with the previous consent in writing of the landlord (2) for labour and manure since the last crop in anticipation of a future crop (3) for drains, outbuildings, pigstyes, fowlhouses, or other structural improvements made by the tenant on the holding with the written consent of the landlord (u). Deductions may be made from the amount of compensation in Deductions, respect of rent due from the tenant, and in respect of any breach of contract or wilful or negligent damage by the tenant (a). Trees and bushes planted or acquired by a tenant, for which compensation is not payable, may be removed by the tenant before the expiration of the tenancy (b)



.

786. In default of agreement, the compensation is to be assessed by the arbitration (c) of a person who, unless agreed upon by the landlord and tenant, is to be appointed by the justices in petty sessions (c?), if possible without remuneration (e). Such arbitrator has the ordinary powers as to taking evidence and calling for the production of necessary documents (/). He must begin the reference within parishes and places mentioned in Schedules A, B and C to the Metropolis Act, 1855 (IS & 19 Yict. c. 120). (s) piece of land less than two acres in extent, occupied by a seedsman for the purposes of his business, and used to grow vegetables, fruit trees, and flowers for sale, is not " cultivated as a garden," and is not an allotment within this definition {Cooper v. Fearse, [1896] 1 Q. B. 562). An allotment is a piece of land cultivated for food or pleasure and not for business purposes (_29er Collins, J., all

Management

A

ibid., at p. 566). (t)

(50

&

(u)

Allotments and Cottage Gardens Compensation for 51 Vict.

Ibid.,

c.

26),

s.

Crops Act,

1887

4.

s. 5.

(a) Ibid., s. 6. (b) (c)

(50

&

Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 7 (6). Allotments and Cottage Gardens Compensation for 51 Yict.

c.

26),

Crops Act, 1887

s. 7. _

{d) Ibid., s. 8.

of

Forms, Vol. (e)

Ibid.,

Eor appointment

I., p.

s. 9.

(/) Ibid.,

s.

11.

471.

of arbitrator

by agreement,

see Encyclopaedia

Procedure,