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ARRANGEMENT OF SECTIONS
Sections.
1. Short title
and construction.
2. Extent and
commencement of Act.
3. Amendment
and extension of 46 & 47
Vict. c. 62. as to improvements
executed
in or upon market
gardens.
4. Application
to current leases.
5. Compensation
as regards Crown lands.
6. Interpretation.
Be
it enacted by the Queen's most
Excellent Majesty, by
and with the
advice and consent of
the Lords
Spiritual and Temporal,
and
Commons, in this present
Parliament
assembled, and by the
authority of the
same, as follows:
1. This Act may
be cited as the Market
Gardeners Compensation Act, 1897, and
shall be read and construed as part of the
Agricultural Holdings Act (Scotland) Act,
1883, herein-after called the principal Act.
2. This Act shall
extend to Scotland only,
and shall come into operation on the first
day of January one thousand eight hundred
and ninety-eight, which date is herein-after
referred to as the commencement of
this Act.
3. Where after
the commencement of this
Act it is agreed in writing that a holding shall
be let or treated as a market garden, the
following provisions shall have effect:--
(1.) The provisions of section thirty of the
principal Act shall extend to every fixture or
building affixed or erected by the tenant or
upon such holding for the purposes of his
trade as a market gardener:
(2.) The improvements numbered (1)
erection or enlargement of building, and (5)
making gardens, in Part I of the schedule of
the principal Act, shall, as far as regards
such holding, cease to be comprised in the
said schedule:
(3.) The following improvements shall, as
far as regards such holding, be deemed to be
comprised in Part III of the said schedule:--
(i.) Planting of standard or other fruit trees
permanently set out;
(ii.) Planting of fruit bushes permanently set
out;
(iii.) Planting of strawberry plants;
(iv.) Planting of rhubarb and other vegetable
crops which continue productive for two or
more years;
(v.) Erection or enlargement of buildings for
the purpose of the trade or business of a
market gardener;
(4.) Section thirty-seven of the principal Act
shall be read and construed as if the words
"with the consent in writing of his landlord"
were not included therein:
(5.) It shall be lawful for the tenant to
remove all fruit trees and bushes planted
by him on the holding and not permanently
set out, but if the tenant shall not remove
such fruit trees or bushes before the
termination of his tenancy, such fruit trees or
bushes shall remain the property of the
landlord, and the tenant shall not be entitled
to any compensation in respect thereof.
4. Where, under a lease current at the
commencement of this Act, a holding is at
that date in use or cultivation as a market
garden with the knowledge of the landlord,
and the tenant thereof has then executed
thereon, without having received previously
to the execution thereof any written notice
of dissent by the landlord, any of the
improvements in respect of which a right of
compensation or removal is given to a tenant
by this Act, then the provisions of this Act
shall apply in respect of such holding as if
it had been agreed in writing after the
commencement of this Act that the holding
should be let or treated as a market garden.
5. Any compensation
payable under this Act
shall as regards land belonging to Her Majesty
the Queen,her heirs and successors, in right
of the Crown, be paid in the same manner and
out of the same funds as if it were payable in
respect of an improvement mentioned in the
first part of the First Schedule to the principal
Act, except that compensation for planting
strawberry plants and rhubarb and other
vegetable crops shall be paid in the same
manner and out of the same funds as if it were
payable inrespect of an improvement
mentioned in the third part of the said schedule.
6. For the purposes
of the principal Act and
of this Act the expression "market garden"
shall mean a holding or that part of a holding
which is cultivated wholly or mainly for the
purpose of the trade or business of market
gardening.
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