152 The Atjricultural Holdings (^England) Act, 1875. 
pensation for any class of improvements is subject to certain 
deductions before he can claim payment of any part of the 
amount found due to him. These deductions are — 
(1.) For taxes, rates, and tithe rentcharge to which the tenant 
is lialjle as between him and the landlord. 
(2.) For rent (§ 16). 
(3.) The value of any benefit (such as surrender of rent, sup- 
ply of materials, tScc.) which the landlord has given or allowed 
to the tenant as a consideration for his making the improvement 
at his own expense (§ 17). 
(4.) Compensation claimed by the landlord at the end of the 
tenancy for waste* committed or permitted by the tenant (§19); 
and 
(5.) Compensation claimed by the landlord for the breach by 
the tenant of any covenant in the lease or agreement under which 
the tenant holds (§ 19). 
The landlord's claim to compensation under the two last heads 
is subject to two limitations. In the first place, he cannot make 
any such claim unless the tenant claims compensation under 
the Act for an improvement, no matter of what class. The land- 
lord can only allege the waste or the breach by way of counter- 
claim, "and not otherwise" (§ 19), so that if the tenant has 
reason to believe that a counter-claim may be set up by the 
landlord exceeding the compensation to which he is entitled, he 
may defeat his landlord's set-off, as far as the operation of the 
Act is concerned, by remaining quiescent. The second limi- 
tation upon the landlord's title to compensation is one of time. 
He cannot go back more than four years before the tenancy ends; 
any waste or breach of covenant alleged by him, if it relates to 
acts of commission or omission in a matter of husbandry must 
liave occurred within this period (sub-sect. 19). This proviso is 
a safeguard against the revival of old defaults which the tenant, 
owing to the remoteness of the acts or the neglect relied on, 
may find it difficult to rebut. In the event of waste alleged in 
• It was nt first proposed to specify the acts and things which sliould be deemed 
waste on the tenant's part, wlietiicr voluntary or permissive wasto,sucli as breaking- 
up of old grass without the landlord's written consent ; causing or permitting 
land to be foul or neglected ; damage to plantations, coppices, or timber included 
in the holding ; loss of manure by )iay, straw, ruots, or green crops removed off the 
holding without the landlord's written consent ; loss of manure not returned to the 
holding in lieu of produce sold off subject to the manure being brought back ; 
mowing of meadows, other than water-meadows, without manuring; mowing of 
old pasture ; neglect of drains, outfalls, or water-courses ; neglect of gates or 
fences; neglect of ordinary repairsof buildings for which the tenant is liable; neglect 
of roads; over-cropping hy taking too many snccessive whito-sl raw crops ; over- 
cropping wi I liout mannring.— (Duke of Kii hmond's Speech ii; introducing Bill. 
March 12, 1875.) But as atiy act or thing not so speciti<"d was still to be deemed 
waste, it seemed uselc-s to specify any ; and all alleged acts of waste will 
therefore l* for the determination of tlic referees or umpire, or of the County 
(.'"urt Judge. 
