8 THE BOOK OF MARKET GARDENING 



the Agricultural Holdings Act and the Market Gardeners' 

 Compensation Act, compensation can be claimed for 

 permanent improvements, like the planting of fruit trees 

 and the erection of buildings which come within the 

 scope of the business. Much attention has been called 

 to the custom prevailing in the Evesham district in 

 reference to the compensation for fruit trees, etc., on 

 land held on yearly tenure. The Departmental Com- 

 mittee of the Board of Agriculture, appointed to consider 

 operations relating to fruit culture, strongly recommend 

 that some modification of the Evesham custom should 

 be made generally applicable by law. In that district, 

 if a tenant wishes to quit his holding he secures another 

 man who is willing to take it, and to pay the valuation 

 of the permanent stock on the ground. His name is 

 then submitted to the landlord for approval, but the 

 latter may not arbitrarily or without adequate reason 

 refuse to accept a tenant thus obtained. If he do refuse 

 without sufficient reason, or because he wishes to retain 

 the land himself, he becomes liable for the compensa- 

 tion, exactly as if he had given the tenant notice to 

 quit. When the incoming tenant is duly accepted the 

 outgoing tenant gives notice in accordance with the 

 terms of his agreement. 



As it stands, this custom is of especial value in 

 reference to fruit planted before the Market Gardeners' 

 Compensation Act, 1 895, came into operation. But though 

 it carries weight in the district, it would be of little 

 avail elsewhere. The fact that the Act in question is 

 not retrospective is rightly considered as extremely 

 hard upon men who have been paying increased rent on 

 their own improvements, and who yet have no claim for 

 compensation when they quit. The Fruit Committee 

 named recognised this, and recommended that Section 

 4 of the Act should be made retrospective, and it may 

 be hoped that this will be carried into effect. 



