ARRANGEMENT OF SECTIONS
Sections.
1. Short title and construction.
2. Commencement of Act.
3. Amendment and extension
of 46 & 47 Vict, c. 61,
as to improvements executed
in or upon market
gardens.
4. Application to current tenancies.
5. As to Crown lands and lands
belonging to the Duchies
of Lancaster and Cornwall.
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, 1895, and shall be read and construed
as part of of the Agricultural Holdings (England) Act, 1883,
hereinafter called the principal Act, as amended by the
Tenants Compensation Act, 1890.
2. This Act shall come into
operation on the first day of
January one thousand eight hundred and ninety-six, which
date is hereinafter 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-four of
the principal Act
shall extend to every fixture or building affixed or erected by
the tenant to or upon such holding for the purposes of his trade
or business of a market gardener.
(2.) The improvements numbered (1) "erection
or enlargement
of buildings," (6) "making of gardens," and (11)
"planting of
orchards or fruit bushes," in Part I. of the First Schedule
to
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 asparagus and other vegetable
crops;
(v.) Erection of enlargement of buildings for
the purposes
of trade or business of a market gardener.
(4.) Section fifty-six 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 fruit bushes planted by him on the holding and not
permanently set out; but if the tenant shall not remove such
fruit trees and fruit bushes before the termination of his
tenancy, such fruit trees and fruit 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 contract
of tenancy 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 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, them 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 or in right of the Duchy of
Lancaster, and as regards land belonging to the Duchy of
Cornwall, be paid in the same manner and out of the same
funds respectively 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 as regards land belonging to
Her Majesty the Queen, Her heirs and successors, in right
of the Crown, compensation for planting strawberry plants and
asparagus and other vegetable crops shall 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 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 it cultivated wholly or mainly for the purpose
of the trade or business of market gardening.
