Henry Winch

“ Where any other married woman is desirous of doing any act under this Act, her husband's concurrence shall be requisite, and she shall be examined apart from him by the county court, or by the judge of the county court for the place where she for the time being is, touching her knowledge of the nature and effect of the intended act, and it shall be ascertained that she is acting freely and voluntarily. ”

“ Landlord's title to compensation.19.—Where a tenant commits or permits waste, or commits a breach of a covenant or other agreement connected with the contract of tenancy, and the tenant claims compensation under this Act in respect of an improvement, then the landlord shall be entitled, by counter-claim, but not otherwise, to obtain, on the determination of the tenancy, compensation in respect of the waste or breach, subject and according to the provisions of this Act. ”

“ A landlord who is not absolute owner cannot make binding agreement with the tenant that the charge upon the holding shall be greater than or different in nature or duration from the charge which might be made under this Act. ”

“ At any time before the expiration of the notice of removal, the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture comprised in the notice of removal, and any fixture thus elected to be purchased shall be left by the tenant and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming tenant of the holding ”

“ There shall be deducted the value of the manure that would have been produced by the consumption on the holding of any hay, straw, roots, or green crops sold off the holding within the last two years of the tenancy or other less time for which the tenancy has endured, except as far as a proper return of manure to the holding has been made in respect of such produce sold off. ”

“ General saving of rights.60.—Except as in this Act expressed, nothing in this Act shall take away, abridge, or prejudicially affect any power, right, or remedy of a landlord, tenant, or other person, vested in or exercisable by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a contract of tenancy or other contract, or of any improvement, waste, emblements, tillages, away-going crops, fixtures, tax, rate, tithe-rentcharge, rent, or other thing. ”

“ No notice need be given to landlord, and no consent is required from landlord, before tenant executes any improvement under this class.
Tenants who can now claim compensation under a custom.Tenants under a custom which now enables them to claim against an incoming tenant for manures, &c., should consider Sec. 60 before studying those others relating to this class. Tenants under a custom will then learn, that if they adopt this Act they will lose none of their present rights against an incoming tenant; but they will gain against a landlord rights which they never before have had. ”

“ In every other case of a contract of tenancy current at the commencement of this Act, this Act shall not apply to the contract. No restriction on contract.
No restriction on contract.54.—Nothing in this Act shall prevent the landlord and tenant, or intending landlord and tenant, from entering into and carrying into effect any such agreement as they think fit, or shall interfere with the operation thereof. ”

“ Consent from Landlord.Tenant under notice to quit must obtain landlord's consent in writing or he will not be entitled to claim compensation for any improvement he has executed in this class. Tenant not under notice to quit does not require the consent of landlord. ”

“ This then becomes a charge upon the holding, and could be enforced against a subsequent tenant till such instalments were paid. Inasmuch as a charge is one on the holding, an incoming tenant, before agreeing with his landlord, should ascertain from the district county court what amount of charge there is upon the holding. ”

“ Making or improving of roads or bridges.
Making or improving of watercourses, ponds, wells, or reservoirs, or of works for supply of water for agricultural or domestic purposes.
Making of fences.
Planting of hops.
Planting of orchards. ”

“ The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connexion therewith ”