The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-08-21 00:00:00

LI

Among the latter sections of the Act arc some standing
apart from its general details and conferring most important
advantages on tenants and landlords respectively. By the
first of these Sections, the 44th, a material change is intro-
duced as regards tenancies from year to year. Instead of the
ordinary requirement of a half-year's notice eaphing with a
year of tenancy, henceforward twelve months' notice so ex-
piring shall be nnessary wherever the Act applies; but this
eectionits not ta operatewhere the tenant is bankrupt or has
filed a petition ter coMposition or arrangement, or is five
months In arrear of his rout. This was a clause ebjected to
in the House of Commons almost as strongly as the phrase
"letting value," but against Mr. Chaplain's strictures we
'iase.the high authority of Mr. Henley, who opposed oven
the qualification adopted in Sir George Jenkinson's amend-
ment making five months' arrears of rent ground for a
six months' notice. This Section, it must be recollected,
like any other separate possession of the Act, may be set
aside ny those who object to it in particular, and are willing
to give effect to all or any of the other Sections.
By an important ainendment introduced by Mr. Marten,
agricultural fixtures are presumed to he the property of the
tenant, like other trade fixtures. This is subject to the
limitatiou tthat the tenant is, not. to .ereet steam-ergines
withont the consent of the landlord. On the other hand, by
the 45th Scott •n, landlords in general, absolute as well as
limited owners acquire a power of the greateet importance.
• For purposes of improvement they may, in case of tenancies
from year to year, serve a notice to quit a particular part of
the holding without incurring any obligation to resume
possession of the whole. The notice to quit the
particular part of the holding must state the improve-
ments intended, and the tenant is then entitled to'
have a reduction of his rent settled as in an ordinary claim
for compensation. The improvements In respect of which
this power is given are of eight classes—the erection of farm
labourers' cottages; providing gardens for such cottages
already existing; allotment for labourers of land for gardens
or other purposes; planting; opening any mines, quarries,
clay, send, or gravel pits; and erecting buildings to be used
in connexion with such works; obtaining brick, earth,
gravel, or sand; making watercourses, reservoirs, roads,
tramways. '
All the notices required in the Act may be served per-
sonally or by registered letter.
Special provisions are made, for applying the Sections to
Crown lands, to lands held in right of the Duchy of Lancaster,
and to those belonging to the Duchy of Cornwall
,
In the case of 'lands assigned as an endowment of a See
the powers given to the landlord are not to be exercised
without the assent of the Ecclesiastical Commissioners.

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Similarly in the Case of incumbents, the consent of the
Governors of Queen Anne's Bounty must be obtained, and
for lands held for charitable purposes the consent of the
Charity Commissioners is necessary.

Whether the Act will be generally accepted we shall not
attempt to predict. Whether, 4i accepted, it will work so as
to eradicate any latent germs Of diac6ntent between tenants
and landlords would be still more difficult to determine; but
a survey of its provisions at least shows that Parlianlent has
endeavoured to hold out Inducements4kboth parties to seek
a common interest in working the Acand has given us a
measure which, whether effective or not, is not at least open
to the reproach of being a piece of class legislation.

.TURDAY, AUG. 21, 1875,

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