878 
The Tenant's Condensation Act, 1890. 
did not adopt the tenancy ; consequently when the tenant's occupa- 
tion came to an end, and he claimed and was awarded compensation 
for his improvements there was no one to pay him. The landlord 
was bankrupt and could not, and the mortgagee would not ; nor 
could the tenant compel the latter to do so, for, as the relationship 
of landlord and tenant had never been established between them, 
it was held by the County Court that the Act did not apply, and 
though an appeal to the High Court was talked of, none was ever 
brought. 
The decision was no doubt right according to the law as it then 
was, and the Act of last session has been passed to prevent the re- 
currence of what was an undoubted hardship. 
This Act enacts that when a person occupies land under a con- 
tract of tenancy with the mortgagor, whether made before or after 
the passing of the Act, which is not binding on the mortgagee of 
such land, he shall, as against the mortgagee who takes possession be 
entitled to any compensation which is or would, but for the mortgagee 
taking possession, be due to him from the mortgagor for crops, im- 
provements, tillages, or other matter connected with the land. The 
sum payable for compensntion may be set off against the rent or any 
other sum due from the tenant, and may be recovered as compensa- 
tion under the Agricultural Holdings Act ; it cannot, however, be 
recovered personally from the mortgagee, but, as against him, can 
be made a charge upon the farm, just as money awarded for com- 
pensation can, in cases where the landlord is a trustee of, and not 
beneficially entitled to, the rent of the farm. 
The Act also provides that the mortgagee shall not deprive the 
tenant of possession of his farm, otherwise than in accordance with 
the contract of tenancy, except upon giving him six months' notice 
of his intention to do so ; and, if the mortgagee so deprives the 
tenant, the tenant is entitled to compensation "for his crops and 
for any expenditure upon the land, which he has made in expecta- 
tion of holding the land for the full time of his contract of tenancy, 
in so far as any improvement resulting therefrom is not exhausted 
at the time of his being so deprived." And this compensation is to 
be determined just as compensation under the Holdings Act is 
determined, and may be set off against rent due and charged and 
recovered in the way I have just mentioned, but it cannot be re- 
covered from the mortgagee personally. 
The Act, I may add in conclusion, applies to compensation under 
the Allotments and Cottage Gardens Compensation for Crops Act, 
1887, as well as to compensation under the Agricultural Holdings 
Act, 1883. 
S. B. L. Druce. 
