168 The Agricultural Holdings {^England) Act, 1875. 
plicants must first prove the payment, which must be by proper 
vouchers or evidence, and, secondly, must satisfy the Court " of 
the observance in good faith of the conditions imposed " by the 
Act. The object of this requirement is obviously to guard 
against possible collusion between a needy or unscrupulous 
limited owner and his tenant, who, by inventing items of com- 
pensation for imaginary improvement, or by excessive allow- 
ances for actual improvements, might easily swell a claim, and 
saddle the holding with undue burdens. If the amount of 
charge applied for has been settled by award, or by order of 
Court, there will be little risk of such a result ; but as the 
landlord and tenant may agree between themselves upon the 
amount due to the latter, without employing even a single 
referee, the danger is not wholly imaginary. The Court in any 
doubtful case will no doubt call for specific^ evidence, and in 
other cases will require prima facie evidence from a limited 
owner that the charge represents a corresponding benefit to the 
holding, and that no injustice is thus done to the person entitled 
in remainder. 
The effect of the charge will be to provide for the repayment 
to the landlord, his executors, administrators, and assignees, of 
the sum advanced by him as compensation (§ 42, sub-sect. 3). 
In other words, this sum, sunk in and representing an addition to 
the value of the soil, does not become absorbed in the realty, 
but forms part of the personal estate, and is therefore available 
in favour of younger children. It is left to the discretion of the 
Court to order repayment of the whole or any part of the money, 
" with such interest, and by such instalments, and with such 
directions for giving effect to the charge, as the Court thinks fit'^ 
(§ 42, sub-sect.- 1). 
Duration of Charge. — Upon this point it is necessary to 
consider the effect of more than one provision in the Act, and 
the nature of the ownership. If the landlord, at the tinie when 
compensation is paid, is absolute owner, the instalments 
ordered will continue a charge upoxi the holding throughout any 
period fixed by the Court, irrespective of the period when the 
improvements they represent'\vill, under the Act, be exhausted ; 
and till the charge runs out it will affect, not only the landlord's 
interest, but all subsequent interests, those of purchasers as well 
as the heir-at-law (§ 44). Care must therefore be taken by 
jiurchasers to ascertain whetlior such charges exist, as they run 
with the land. 
If, on the other hand, the landlord obtaining the charge is not 
absolute owner of the holding for his own benefit, two limita- 
Itions will apply to the duration of the charge. There is nothing 
