meeting; but, save as aforesaid, the expenses of the county council SECT. 9. incurred in the case of inquiries under this Act shall be paid out of the county fund."

Note.

SECT. 10.

10. (1.) The parish council shall have power to hire land for allotments, and if they are satisfied that allotHiring of land ments are required, and are unable to hire by agreement for allotments. on reasonable terms suitable land for allotments, they shall represent the case to the county council, and the county council may make an order authorising the parish council to hire compulsorily for allotments, for a period not less than fourteen years nor more than thirty-five years, such land in or near the parish as is specified in the order, and the order shall, as respects confirmation and otherwise, be subject to the like provisions as if it were an order of the county council made under the last preceding section of this Act, and that section shall apply as if it were herein re-enacted with the substitution of "hiring" for "purchase" and with the other necessary modifications.

HIRING LAND FOR ALLOTMENTS BY AGREEMENT OR COMPULSORILY.-A district council has power to hire land for allotments under section 2 of the Allotments Act, 1887, but their powers to acquire land for that purpose otherwise than by agreement do not extend to hiring. Under the present section a parish council has power to hire land compulsorily for allotments. The procedure to be followed upon an application by a parish council to hire compulsorily is the same as that which has been provided by the last preceding section as to compulsory purchase with the "necessary modifications." Some very important provisions are, however, contained in the present section as to the period for which the land may be hired; as to the method of fixing the rent to be paid by the council, and of compensating owners and others whose property is taken; as to the management and letting of the allotments when the land has been acquired; as to the adjustment of the rights of the landlord and the council; as to compensation for depreciation and improvements respectively on the determination of the council's tenancy; and as to the protection of rights to mines and minerals.

The present sub-section defines the land which may be hired compulsorily and the period for which it may be hired; the land must be in or near the parish; by sub-section (9) it must not be part of a "small holding;" the period must be not less than fourteen or more than thirty-five years; this period may, it is assumed, be varied by agreement between the parties.

A representation under this sub-section need not be in any particular form, but it is suggested that it ought to state that, in the opinion of

SECT. 10. the parish council, allotments are required, and that they are unable to hire suitable land for the purpose by agreement on reasonable terms; it should also indicate sufficiently the land which it is desired to hire compulsorily.

Note.

Sub-sect. (2).

As to the proceedings of the county council after a representation has been made, and of the Local Government Board upon appeal from a refusal of the county council to make the order, see section 9, subsections (3) and following, and notes thereto.

The provision of sub-section (10) of section 9 cannot be deemed to apply to an order for compulsory hiring under the present section, the incorporation of such part of the Lands Clauses Acts as is sufficient being provided for by sub-section (8), infra, while sub-sections (9) and (10) make provisions as to mines and minerals, which are the subjectmatter of the section of the Railways Clauses Consolidation Act of 1845, referred to in section 9, sub-section (10), and special provisions as to compensation and the powers of the arbitrator are contained in subsections (2) to (5).

(2.) A single arbitrator, who shall be appointed in accordance with the provisions of section three of the Allotments Act, 1887, and to whom the provisions of that section shall apply, shall have power to determine any question

QUESTIONS TO BE DETERMINED BY ARBITRATOR.—The provi sions of section 3 of the Allotments Act, 1887, as to the appointment and powers of an arbitrator, are set out in the note to section 9, subsection (10), ante. Besides his powers under the section referred to, an arbitrator in the case of land as to which an order for compulsory hiring has been made, has power to determine the matters mentioned in this sub-section.

(a.) As to the terms and conditions of the hiring; or

TERMS OF HIRING.-Under this provision the arbitrator will have power to fix the rent to be paid by the parish counell, in doing which he must have regard to the provisions of sub-sections (3) and (4), infra; he may also decide what special conditions, such as conditions of reentry, covenants for fencing, draining, and the like, will be proper to be inserted in the lease, and may, in fact, settle generally the form of that document.

(b.) As to the amount of compensation for severance;

or

COMPENSATION FOR SEVERANCE.-The arbitrator's powers under this head will arise where a part only of a landlord's property or of a tenant's holding is being hired. In determining a question of compensation of this kind the arbitrator must have regard where a landlord's

property is severed to sub-section (3), and where the tenant's holding is severed to sub-sections (3) and (4) of this section. The compensation for severance awarded to a landlord may, it would seem, take the form either of a lump sum or of an increase to the rent to be paid by the parish council; similar compensation to a tenant is to be as far as possible provided in the manner indicated by sub-section (4), infra.

(c.) As to the compensation to any tenant upon the determination of his tenancy; or

COMPENSATION FOR DETERMINATION OF TENANCY.-The power to award compensation under this head will arise where the whole of a tenant's holding is hired. Under the Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), a tenant of a holding to which that Act applies is entitled, on quitting his holding at the determination of the tenancy, to obtain from his landlord as compensation for an improvement of the kind mentioned in the Act such sum as fairly represents the value of the improvement to an incoming tenant, and under agreements between a landlord and his tenant or customs prevailing in different parts of the country a tenant may be entitled, on quitting his holding, to compensation for improvements over and above that to which he is entitled under the provisions of the Act referred to. The definition of "determination of tenancy" given in that Act (section 61), is "the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause:" it is clear that a determination caused by the taking of the land by a parish council will be within this definition. The liability, therefore, of the landlord to pay compensation to a tenant for his improvements under the Agricultural Holdings Act will arise upon the land being taken under this section, and a similar liability may arise under agreements and customs.

It appears that it will be the duty of the arbitrator under clause (c) to determine by whom and in what proportion that compensation is to be borne. It would seern unjust that either the landlord or the parish council should bear the whole burden of this compensation, which would often be considerable. The liability of the landlord to his tenant is immediate, and if he is, as in most cases he would be, called upon to pay a sum of cash to the tenant, it seems that he ought to be recouped to some extent in the same manner as he would be able to recoup himself if the holding had fallen into his possession upon the determination of the tenancy. In that case he would either himself enjoy the benefit of the improvements, or, if he re-let the holding, the rent obtainable would be increased by reason of the improvements. It seems, therefore, that the justice of the case would be met by a direction of the arbitrator that the parish council should repay to the landlord such a proportion of the sum which he had paid to the tenant as compensation for his improvements as would represent the value of those improvements to an ordinary incoming tenant, the terms of whose lease was the same as that obtained by the council; or, that the rent payable by the council should

SECT. 10.

Note.

SECT. 10. be fixed at such an annual sum as the landlord, on letting the improved holding, might fairly expect to receive.

Note.

(d.) As to the apportionment of the rent between the land taken by the parish council and the land not taken from the tenant; or

APPORTIONMENT OF RENT.-Under this head the arbitrator will have powers when a part only of a tenant's holding is taken by the parish council to determine the proportions in which the rent under which the tenant holds the entire farm is attributable to the part which is taken and the part which is left respectively. Of course, the future rent payable by the tenant and by the parish council will not necessarily (or often) be fixed at the apportioned rent of the part of which each becomes or remains tenant; for, in arriving at the new rents, the arbitrator must take into consideration the matters mentioned in subsections (3) and (4).

(e.) As to any other matter incidental to the hiring of the land by the council, or the surrender thereof at the end of their tenancy;

but the arbitrator in fixing the rent shall not make any addition in respect of compulsory hiring.

This provision is designed to cover any omission which may have been made in the preceding provisions as to the powers of the arbitrator. It is evidently intended that his powers shall be very wide, but it is difficult to imagine any "matter incidental to the hiring" which could not be dealt with under one of the other foregoing clauses. Matters incidental to the surrender of the land by the council at the end of their tenancy might include a direction as to the condition in which the land or any building upon it were to be given up. Provision is made by sub-section (7), post, as to the settlement of questions of compensation for improvements and of depreciation, and the compensation is to be assessed according to the provisions of the Agricultural Holdings Act, 1883. That Act, however, does not supersede an agreement as to compensation in the contract of tenancy if the compensation secured to the tenant under the contract is fair and reasonable (see section 5 of that Act). It seems, therefore, that provision may be made in the contract of tenancy as settled by the arbitrator for the compensation for improvements payable by the landlord to the council at the end of their tenancy; such a provision might avoid the necessity for proceeding to arbitration under sub-section (7) upon the tenancy being determined.

NO ADDITION TO RENT ON ACCOUNT OF COMPULSION.-In the case of compulsory purchase the fact that the land is being taken compulsorily is not of itself to be the subject of compensation. See note to section 9, sub-section (10), ante.

(3.) The arbitrator, in fixing rent or other compensa- SECT. 10. tion, shall take into consideration all the circumstances Sub-sect. (3). connected with the land, and the use to which it might otherwise be put by the owner during the term of hiring, and any depreciation of the value to the tenant of the residue of his holding caused by the withdrawal from the holding of the land hired by the parish council.

MATTERS FOR CONSIDERATION OF ARBITRATOR.-This provision gives a clear indication of the principles by which the arbitrator is to be guided in fixing the rent of the parish council, and the compensation which they are to pay to the owner for severance. It seems clear that evidence will be admissible as to the prospective value of the land, for instance, as to the probability of its becoming suitable during the time of hiring for building or for other purposes which would enhance its value. The depreciation of 'the value of the part retained by a tenant by reason of a severance of his holding is also to be considered; here again the prospective value to the tenant may, it is submitted, be considered by the arbitrator, although the text is not quite so clear upon this point in the case of the tenant. Difficulty of access to the remaining portion of a holding caused by the severance would certainly be a matter for which compensation could and ought to be allowed. As to the method by which the depreciation in value to the tenant of the residue of his holding is to be provided for, see note to the next subsection.

(4.) Any compensation awarded to a tenant in respect Sub-sect. (4). of any depreciation of the value to him of the residue of his holding caused by the withdrawal from the holding of the land hired by the parish council shall as far as possible be provided for by taking such compensation into account in fixing, as the case may require, the rent to be paid by the parish council for the land hired by them, and the apportioned rent, if any, to be paid by the tenant for that portion of the holding which is not hired by the parish council.

METHOD OF PROVIDING TENANT'S COMPENSATION FOR SEVERANCE. The object of this provision is no doubt to obviate as far as possible the necessity for the payment by a parish council to a tenant as compensation for the taking of a part of his holding of a capital sum. The apportioned rent attributable to the part of the holding which he retains is to be reduced, and the apportioned rent of the part taken by the council is to be increased. Primâ facie, it would seem that rent payable by the parish council to the landlord ought to be in