142 The Agricultural Holdings {England) Act, 1875. 
instalments which may remain due. It follows, of course, that if 
the tenancy continues for twenty years, dating from the end of 
the year of tenancy in which the outlay is made, no compen- 
sation can be claimed. The tenant has lodged to his ciedit 
in a bank a capital sum, to be drawn out in given proportions 
within a limited term by the occupier for the time being ; and 
by length of occupation he himself has exhausted the credit.* 
An important limitation to this rule as to the amount and 
duration of the claim must be kept in view. No compensation 
can be had for a first-class improvement, unless such improve- 
ment is made with the previous consent, in writing, of either 
landlord or agent (§ 10). Again, it must be noted that com- 
pensation for a first-class improvement is given upon the fore- 
going basis only if, at the time when such consent was given, 
the landlord was the absolute owner of the premises. It will, 
therefore be the business of the tenant, upon asking and receiving 
the landlord's consent to make any one of the thirteen permanent 
improvements, to ascertain also whether the landlord answers 
the definition of " absolute owner" given in the interpre- 
tation clause, that is to say, whether he is " capable of dis- 
posing, by appointment or otherwise, of the fee simple or whole 
interest of or in freehold, copyhold, or leasehold land." If he 
be freeholder, copyholder, or owner of leaseholds, then it is 
immaterial to what extent his land may be mortgaged, encum- 
bered, or charged ; he is " absolute owner " for the purposes of 
the Act, and the tenant will have a lien upon the land for the 
repayment of so many of the twenty or other less number of 
instalments as still remain due. 
The amount of compensation due in respect of a first-class 
improvement may be ascertained thus : — Divide the cost of the 
improvement by the number of years during which it is found 
to be unexhausted, dating from the year of tenancy following 
* As I read Clause 7 of the Act, the repayment for outlay on this class of 
improvements does not rest upon any variable basis, but is in each case determined 
entirely by tlio lapse of time, so that the advantages which have accrued to the tenant 
who has made tlie improvement may vary very much. For instance, if he build 
a new shed or stable, as soon as the building is completed tho advantage com- 
mences, and it may bo quite correct to say tliat an equal twentietli part of his 
outlay is returned to him in each year ; the same of waterworks, roads, bridges, 
and possibly of drainage, though in the latter case I should be inclined to say 
that if tho dnuna;j;e bo satisfactorily done the value to tho tenant increases for 
a period of years. lint in the laying down of land to permanent pasture, tho 
making and planting of osier beds, making of gardens, of fences, planting hops, 
orchards, reclaiming waste land, it is quite manifest that for some years after 
the co.st of the iin])rovemoiits has been incurred there can be no appreciable return 
to the tenant; while, during the latter period of the twenty years, the return may 
be almo.st suflicicnt to recoup the whole cost of the operation. Tho tenant, there- 
fore, whoso tenant^ comes to an eml during tlie earlier period after such an im- 
provement has been exoouted will not really bo reimbursed for his outlay in tho 
same proportion as tho one who has continued to occupy until the remunerative 
return has cnmmcnccil. — Notv hi/ Mr. J. 1>. Dent. 
