inherent capabilities of the soil was not
credited to the tenant This provision is repealed by the Act of 1906,
in reference to which it must be said that the latent fertility of the
soil, sometimes very considerable, may be developed by a small outlay
on the part of the tenant for which outlay he is certainly entitled to
compensation. But the greater part of the improvement may be due to
the soil which belongs to the landlord, yet the Act credits the tenant
with the whole of this improvement. An addition is made to the list of
improvements which a tenant may make without his landlord's consent
and for which he is entitled on quitting to compensation, viz. repairs
to buildings, being buildings necessary for the proper working of the
holding, other than repairs which the tenant is obliged to execute.
2. _Damage by Game._ A tenant may now claim compensation for damage to
crops by deer, pheasants, partridges, grouse, and black game.
3. _Freedom of Cropping and Disposal of Produce._ Prior to this Act it
had been the custom for generations to insert covenants in agreements
providing for the proper cultivation of the farm; as, for instance,
forbidding the removal from the holding of hay, straw, roots, green
crops, and manure made on the farm. These and other covenants were
merely in the interests of good farming, and to prevent the soil
deteriorating. In recent times vexatious covenants formerly inserted
had practically disappeared, and where still existing were seldom
enforced. By this Act, notwithstanding any custom of the country or
any contract or agreement, the tenant may follow any system of
cropping, and dispose of any of his produce as he pleases, but after
so doing he must make suitable and adequate provision to protect the
farm from injury thereby: a proviso vague and difficult to enforce,
and not sufficient to prevent an unscrupulous tenant greatly injuring
his farm.
4. _Compensation for unreasonable disturbance._ If a landlord without
good cause, and for reasons inconsistent with good estate management,
terminates a tenancy by notice to quit; or refuses to grant a renewal
of the tenancy if so requested at least one year before the expiration
thereof; or if a tenant quits his holding in consequence of a demand
by the landlord for an increased rent, such demand being due to an
increased value in the holding owing to improvements done by the
tenant; in either of such events the tenant is entitled to
compensatio
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