Page:Harvard Law Review Volume 9.djvu/471

443 THE ENGLISH STATUTES OF 1895. 443 professional men, and no doubt the legislature will take that into account, and in a future Act enable all mortgagees and trustees whatsoever to make reasonable charges for work properly under- taken by them in some other capacity than that of mortgagee or trustee. It would certainly be unfair to allow a solicitor trustee and to forbid an accountant trustee to make his usual charges. The Market Gardeners Compensation Act, 1895 (5^ & 59 Vict. c. 27), is somewhat socialistic, and very much favors market gar- deners as against their landlords. The Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), giving compensation for improvements divided improvements into three classes: ist, Improvements to which consent of landlord is required ; 2d, Improvements in re- spect of which notice to landlord is required ; and, 3d, Improve- ments to which consent of landlord is not required. Needless to say, the present Act enlarges class 3. So far as market gardens are concerned, '' erection or enlargement of build- ings," *' making of gardens," and " planting of orchards or fruit bushes," are removed from class I, and an enlarged list is inserted in class 3. An incoming tenant could formerly purchase the out- going tenant's right to compensation with the landlord's consent in writing. Such consent is no longer necessary. During his ten- ancy the tenant may remove fruit trees or fruit bushes planted by him and not permanently set out. The above provisions apply where, after the commencement of the Act, it is agreed in writing that a holding shall be let or treated as a market garden. Where a holding is, at the date of the commencement of the Act, used as a market garden with the landlord's knowledge, and the tenant has then executed thereon, without previous written notice of dissent by the landlord, any improvements in respect to which a right of compensation or removal is given by the Act, then the Act applies to the holding as if it had been agreed in writing after the com- mencement of the Act that it should be let or treated as a market garden. This seems to mean that user plus one such improvement executed before the ist of January, 1896, brings the whole Act into operation without any consent on the landlord's part. If this is so, it is somewhat hard on the landlord, as he might have given a previous written dissent to the improvement had he known a future Act would afifect him retrospectively. It would be fairer to confine the section to improvements executed after the 6th of July, 1895, when the Act was passed. Presumably, *' then" means " at that date," and not " then or thereafter." In any case, however.