178 Tlie Agricultural Holdings {England) Act, 1875. 
recent legislation, with respect to agricultural improvements, 
would have been unnecessary. The Court, however, by the 
mouth of Lord Ellenborough, were unanimously of opinion that 
the defendant had no right to remove the buildings. The Lord 
Chief Justice declined to recognise the authority of Dean r. 
Allalley, which was a Xisi Priiis case, and did not undergo sub- 
sequent review by Lord Kenyon and the rest of the Court. 
^' Lord Kenyon," he said, " certainly seems to have thought that 
buildings erected by tenants for the purposes of farming were, 
or rather ought to be, governed by the same rules which had 
been so long judicially held to apply in the case of buildings for 
the purposes of trade." But Lord Ellenborough was of opinion, 
that to give effect to this doctrine would be to establish a dan- 
gerous innovation in the relations of landlord and tenant, and 
would be " contrary to the uniform current of legal authorities." 
Act of 1851 as to Fixtures. — So the law remained until the 
passing of 14 & 15 Vict. c. 25, which provided that, after 
.July 24, 1851, all farm and other buildings, engines, or 
machinery erected or put up by a tenant, at his own exj>ense, 
for agricultural purposes, or purposes of trade and agriculture, 
should be the property of such tenant, and removable by him, not- 
withstanding they might be separate buildings, or permanently 
affixed to the soil. This right, however, was made subject to 
the following conditions : — (1) The landlord's consent in writing 
must have been obtained previous to the erection. (2) The 
buildings or machinery must not have been erected or put up in 
pursuance of some obligation on that behalf. (3) In the course 
of removal the tenant must not injure the landlord's premises, 
which must be put " in like or as good plight and condition as 
the same were in before the erection of the things so removed." 
(4) Before removal, the tenant must give to the landlord, or his 
agent, a month's notice in writing of his intention, and if the 
landlord elects to purchase, the tenant's right of removal ceases. 
The value of the tenant's buildings, &;c., is to be ascertained by 
two referees (one chosen by each party) or their umpire, and is 
to be paid or allowed in account by the landlord. 
Buildings and Steam-Engines. — The Agricultural Holdings 
Act goes a step, though, perhaps, but a short step, further in the 
same direction. . It does not change the principle of the exist- 
ing law as to buildings erected for agricultural purposes at the 
tenant's cost. Such buildings, upon holdings not affected by the 
new Act, remain subject to the Act of 1851 ; and in either case 
tlie landlord's previous written consent is still necessarv to give 
the tenant the (jualified property in them which that Act recog- 
