THE AGRICULTUEAL HOLDINGS ACT. 45 



the improvement, absolute owner of the liolding for his own benefit, 

 the amount of the compensation shall not exceed a capital sum, fairly 

 representing the addition which the improvement, as far as it continues 

 unexhausted at the determination of the tenancy, then makes to the 

 letting value of the holding. 



It is most important to notice that a tenant shall not be entitled to 

 compensation in respect of improvements of the first class unless he 

 has received the landlord's consent in writing. 



Further a sura reasonably necessary to be expended for the purpose 

 of putting an improvement into tenantable repair or good condition 

 shall be deducted from the amount payable to the tenant. 



It will be observed that the words " tenantable repair " or " good 

 condition " are used synonymously. 



The former certainly implies much less than the latter, and it is 

 diificult to see why the words " good condition " were put in as an 

 alternative. A place may be in tenantable repair, but not in good 

 condition, and certainly a place which is in good condition is in 

 tenantable repair. 



Improvements of the second class consist of — 

 Boning with undissolved bones. 

 Chalking of land. 

 Clay burning. 

 Claying of land. 

 Liming of land. 

 Marling of land. 

 Improvements of this class are to be deemed unexhausted for seven 

 years, and the amount of compensation shall be the sum properly laid 

 out by the tenant on the improvement, with a deduction of a propor- 

 tionate part thereof for each year while the tenancy lasts after the year 

 of tenancy in which the outlay is made, and while the improvement 

 continues unexhausted. A tenant shall not be entitled to compensation 

 in this class unless he has given notice to the landlord in writing of his 

 intention to make the improvement, not more than forty-two or not less 

 than seven days before beginning to execute it, nor where it is executed 

 after the tenant has given or received notice to quit, without the 

 previous consent in writing of the landlord. A distinction is drawn 

 between improvements of the first and second class in this respect, that 

 in the former no compensation will be given under this Act unless the 

 consent in writing of the landlord has been first obtained, whereas in 

 the latter, the tenant has power to make the improvements and to 

 demand compensation provided he has given the requisite notice to the 

 landlord unless he, the tenant, be under notice to quit. 



