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Market-Gardeners

act, agricultural, compensation and holding

MARKET-GARDENERS have little need, in a work like the present one, for a separate treatment of the law so far as it relates to their particular occupn.tion. Under various statutes, such as the Public Health Act, 1875, the Agricultural Rates Act, 1896, and the Extraordinary Tithe Redemption Act, 1896, they are aftbrded a comiderable relief in the matter of rating and tithing, but the provisions of these Acts are noted elsewhere, as for example in the article on the GENERAL DIS'fRICT RATE. In this connection it should be noted that the House of Lords case of Smith v. Richmond decided that glass houses in or on a market-,,crarden, if buildings, nmst under the Agricultural Rates Act, 1896, be rated as buildings under the Agricultural Holdings Acts, 1883 to 1900, and not as agricultural land. Their rights to compensation from their landlords on the termination of a tenancy are noted in the article on AGRICULTURAL HOLDINGS, but here it may be convenient to notice in greater detail the provisions of the Market-Gardeners Compensation Act, 1895, which extends their rights under the Act of 1883. A "market-garden" has been defined as a holding or that part of a holding which is cultivated wholly or mainly for the purpose of the trade or business of market-gardening. This definition, though generally applicable, is specially framed for the purposes of the Agricultural Holdings and Alarket Gardeners Compensation Acts. By the Act of 1896 a market-gardener is

entitled to compensation, as for improvements, for planting standard or other fruit-trees permanently set out, planting fruit bushes permanently set out, planting strawberry plants, planting asparagus and other vegetable crops, and erecting or enlarging buildings for the purposes of his trade or business. In order to obtain compensation from his landlord upon giving up his tenancy it is not necessary that a niarket-gardener tenant should have had the written consent of the landlord to himself give compensation to his predecessor for the improvements he then took over. A market-gardener tenant is entitled to remove all fruit-trees and fruit bushes planted by him on the holding and not permanently set out ; but he must remove them before the termination of his tenancy, or else they will remain the property of the landlord -and no cotnpensation can be recovered in respect of them. The provisions of the Agricultural Holdings Act, 1908, apply to a market-garden where the holding is let a.s such by agreement in writing made on or after 1st January 1896.