Page:Halsbury Laws of England v1 1907.pdf/491

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——

— Part

V.

Compensation.

269

Sect. 1. Where land forms the endowment of a see the powers conferred by Improvethe Agricultural Holdings Acts on a landlord (0 may not be exercised by the bishop except with the previous approval, in writing, of the ments to Agricultural Estates Committee of the Ecclesiastical Commissioners {m). Where a landlord is incumbent of a benefice these powers may Holdings. not be exercised by him in respect of the glebe except with the Ecclesiastical previous approval, in writing, of the patron of the benefice, or of lands. the governors of Queen Anne's Bounty; and the latter may, on behalf of the incumbent, pay any compensation due, and obtain a charge on the holding in favour of themselves, which shall be effectual

notwithstanding any change of incumbent {ri). The power of charging land may not be exercised by trustees for ecclesiastical or charitable purposes without the approval of the Charity Commissioners (o). Sub-Sect.

Charity lands.

Supplemental Provisions.

6.

581. The costs of any proceedings in the county court under the Costs in county court. Agricultural Holdings Acts are in the discretion of the court (p) and no order of the county court or of a court of summary juris- Certiorari. diction under these Acts can be removed by certiorari or otherwise into the High Court {q).

582. Any notice, request, demand, or other instrument under these Acts (r) may be served on the person to whom it is to be given either personally, or by leaving it at his last known place of abode in England, or by registered letter addressed to him there (s). Service on a landlord may be made on his agent duly authorised in that behalf {t)

Service of notices etc.

.

583. Except as in the Agricultural Holdings Acts expressed, nothing in those Acts is to affect prejudicially any power, right, or remedy of any person under any other Act or law, or under any custom of the country or otherwise, in respect of any contract or thing

{a)

Sect.

Saving of rights.

.

Compensation Jor Improvements

2.

584. In the case

to

Market Gardens.

an agricultural holding in respect of which it Improvements for is agreed in writing after January 1, 1896, that the holding shall be which comlet or treated as a market garden (b), all statutory provisions as to pensation compensation for improvements apply as if the following improve- payable. ments were comprised in Part III. of the First Schedule to the of

power to consent to tke improvements mentioned in note (c), power as to drainage power to make agreements as to the improvements mentioned in note (/v), p. 261, ante, to purchase fixtures, and to charge (I)

These

p. 260, a7ite

are,

the holding. {m) Agricultural Holdings Act, 1883 (46 {n)

lUd., lUd.,

s.

&

47 Yict.

c.

61),

s.

38.

39.

s. 40. Ip) Ibid., s. 27. (q) Ibid., s. 48.

(o)

This includes a notice to quit {Van GruttenY. Trevenen, [1902] 2 K. B. 82). Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 28. (t) An agent entrusted with the general management of an estate is prima facie authorised to receive notices for the landlord {Ingham v. Feiiton (1893), 10 T. L. E. 113). (a) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 60. {b) See definition of this term, p. 239, ante. (r) (sj