Agricultural Holdings Act 1941 (NSW)

AGRICULTURAL HOLDINGS ACT.

Act No. 55, 1941.

An Act to provide for the payment of compensa- tion to tenant farmers for improvements to holdings and for certain other matters; to provide for the extension of tenancies of certain rural holdings; to provide for the determination of certain disputes between tenant farmers and their landlords; to re- peal the Rural Tenants' Improvements Act,

to, 13th November, 1941.] BE

1916, and the Agricultural Lessees Relief

Act, 1931; to amend certain Acts; and for purposes connected therewith. [Assented

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—

P A R T I.

PRELIMINARY.

1 . (1) This Act may be cited as the "Agricultural Holdings Act, 1941 . "

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation

published in the Gazette.

2 . This Act is divided into Parts as follows:—

P A R T	I—PRELIMINARY.
P A R T	II.—TRANSITORY PROVISIONS.

P A R T III.—COMPENSATION.

DIVISION 1.—Compensation for improvements on

holdings.

DIVISION 2.—Compensation in respect of increased

or diminished value of holding.

DIVISION 3.—Compensation for disturbance.

DIVISION 4.—Compensation in case of tenancy

under mortgagor.

DIVISION 5.-—Arbitration.

P A R T IV.—FIXTURES AND BUILDINGS.

P A R T V.—EXTENSION OF TENANCIES AND NOTICES TO

QUIT.
P A R T	VI.—MISCELLANEOUS RIGHTS OP LANDLORD AND

TENANT.

P A R T VII.—GENERAL.

S C H E D U L E S .

3 . (1) The Rural Tenants' Improvements Act, 1916,

and the Agricultural Lessees Relief Act, 1931, are hereby
repealed.

(2)

(2) The repeal enacted by subsection one of this section shall not, unless otherwise express ly provided in this Act, affect—

(a)	any right accrued or obligation incurred under any enactment so repea led ;
(b)	the validity or invalidity or any operation, effect or consequence, of any ins t rument (including an agreement ) executed or made or of anyth ing done or suffered under any enactment so repea led ;
(c)	any action, proceeding or thing pending or uncompleted a t the commencement of this Act.

(3) E v e r y such action, proceeding or thing may be car r ied on and completed as if the repeal had not been enacted.

(4) The general i ty of this section shall not be affected by any saving in any other provis ion of this Act, no r shall this section limit any saving in the In t e rp re t a ­ tion Act of 1897.

4. (1) I n this Act, unless the context or subject-matter otherwise indicates or requi res—

" A g r e e m e n t " includes an agreement a r r ived a t by

means of valuat ion or otherwise, and	" a g r e e d "
has a corresponding meaning.

" A g r i c u l t u r a l c o m m i t t e e " means an agr icu l tura l

committee const i tuted under this Act.

" C o n t r a c t of t e n a n c y " means a let t ing of or agree­

ment for le t t ing land for a t e rm of years , or for lives, or for lives and years , or from year to

tenancy a t will. year , and includes a le t t ing of land under a

" H o l d i n g " means any parcel of land being not less than two acres in a rea held by a t enan t which is used or intended to be used for purposes which a re ei ther wholly agr icu l tura l or wholly pas to ra l , or in p a r t agr icu l tura l and as to the residue pas tora l , and which is not let to the tenan t dur ing his continuance in any office, appoin tment or employment held unde r the landlord, but does not include any land cul t ivated as a garden.

" L a n d l o r d "

" L a n d l o r d " means any person for the t ime being

entit led to receive the rents and profits of any land, but shall not include the Crown or any

s t a tu to ry body represen t ing the Crown.

" M a n u r i n g " means any of the improvements

numbered twenty, twenty-one and twenty-two in

P a r t I I I of the F i r s t Schedule to this Act.

" P a s t o r a l	p u r p o s e s "	includes	dai ry ing.
" P r e s c r i b e d "	means prescr ibed by this Act	or	by

the regulat ions .

" R e g u l a t i o n s " means regulat ions made under this

Act.

" R u l e s of good h u s b a n d r y " means (due r e g a r d

being had to the charac ter of the holding) so fa r as is pract icable having r e g a r d to i ts

charac ter and	posi t ion—
(a)	the maintenance of the land (whether arable or pas tu re ) clean and in a good s ta te of cultivation and fert i l i ty and in good condit ion; and
(b)	the adoption of farming methods to
mi t iga te or p reven t soil e ros ion;
(c)	the maintenance and clearing of drains, embankments and di tches ; and
(d)	the maintenance and proper repair of
fences and g a t e s ; and
(e)	the execution of repairs to buildings, being r epa i r s which a re necessary for the p rope r cultivation and working of the land on which they a re to be
executed; and
(f)	such rules of good husbandry as are general ly recognised as apply ing to holdings of the same character and in the same neighbourhood as the holding in respect of which the expression is to
be app l i ed :

P rov ided tha t the foregoing definition shall
not imply an obligation on the p a r t of any

person to main ta in or clear dra ins , embankments

or

or ditches, if and so far as the execution of the works requi red is r endered impossible (except a t prohibi t ive or unreasonable expense) by reason of subsidence of any land or the blocking of outfalls which a r e not under the control of tha t person, or, in i ts appl icat ion to land in the occupation of a tenant , imply an obligation on

the p a r t of the t enan t—

(i)   to maintain or clear drains, embank­ ments or ditches, or to main ta in or p roper ly r epa i r fences or gates where such work is not required to be done by h im under his contract of t enancy; or

(ii)   to execute repairs to buildings which a re not requi red to be executed by him under his contract of tenancy.

" T e n a n t " means the holder of land under a contract of tenancy, and includes the executors, adminis­ t r a to r s , ass igns, guard ian , committee of the estate or t rus tee in bankrup tcy of a t enan t or other person der iv ing ti t le from a tenant .

( 2 ) The designat ions of landlord and tenant shall

continue to apply to the pa r t i e s unt i l the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation.
(3) W h e r e the tenan t of a holding before receiving
notice t ha t the person there tofore entit led to receive

the r en t s and profits of the holding (hereinaf ter r e fe r red

to as " t h e original l a n d l o r d " ) has ceased to be so

pe r son who has become enti t led to receive such ren ts entit led, and also notice of the name and address of the	and profits, serves on the or iginal landlord any notice,
request , demand or other ins t rument , such notice, request , demand or other ins t rument shall be deemed to have been served upon the landlord of such holding.

5. (1) This Act shall (except where otherwise

expressly provided) apply to and in respect of share- fa rming agreements and the par t i es to any such agree­ ment in like manner as it appl ies to cont rac ts of tenancy and the pa r t i e s to any such contract .

( 2 )

(2) I n this section the expression " s h a r e - f a r m i n g

a g r e e m e n t " means an agreement made between a person (in this section re fer red to as the " o w n e r " ) for the t ime being entit led to the ren t s and profits of any land and another person (in this section refer red to as the

" s h a r e - f a r m e r " )	whereby—
(a)	the owner grants a license to the share-farmer to use and occupy the whole or any p a r t of the land (being not less t h a n two acres in a rea) for agr icul tura l or pas to ra l purposes or pa r t ly for
agr icul tura l and pa r t ly for pas to ra l pu rpose s ;

and

(b)	the share-farmer undertakes to provide labour either with or wi thout mater ia l s or stock for the working of the land to which the agreement
r e l a t e s ; and
(c)	the owner and the share-farmer agree that the produce of the land to which the agreement relates, der ived du r ing the currency of the agreement , or the proceeds of the sale of such produce, shall be divided between the par t i es in specified propor t ions or shares .

(3) I n the appl icat ion of this Act to and in respect

of a share- farming agreement and the pa r t i e s there to—

(a)	a reference to a contract of tenancy shall be construed as a reference to a share- farming agreement ;
(b)	a reference to a tenancy shall be construed as a reference to the use and occupation of land
by a share - fa rmer ;
(c)	a reference to a landlord shall be construed as a reference to an owner who is a p a r t y to a
share-farming agreement ;
(d)	a reference to a tenant shall be construed as a
reference to a share - fa rmer ;
(e)	a reference to a holding shall be construed as a reference to land which a share- fa rmer is author ised to use and occupy pu r suan t to a
share- farming agreement ;

(f)

(f) a reference to rent shall be construed as a reference to tha t p ropor t ion or share of the produce of land to which a share-farming agree­ ment relates der ived du r ing the currency of the agreement or of the proceeds of the sale of such produce to which, in accordance with the provis ions of the agreement , the owner is entit led.

P A R T I I .

TRANSITORY PROVISIONS.

(1) W h e r e a t enan t of a holding has made thereon any improvement comprised in the F i r s t Schedule to the R u r a l T e n a n t s ' Improvements Act, 1916, as amended by subsequent Acts , he shall, subject as in this Act men­ tioned, and whether the improvement was or was not an improvement which he was required to make by the t e rms of his tenancy, be entit led, a t the te rminat ion of the tenancy on qui t t ing his holding, to obtain from the landlord as compensat ion for the improvement , such sum as fair ly represen t s the value of the improvement to an incoming tenant .

6.

This subsection shall apply only in a case where the tenan t qui ts his holding af ter the commencement of this Act.

This subsection shall apply in respect of any such improvement—
(a)	which was made before the commencement cf
this Ac t ;
(b)	which is made after such commencement where notice of intent ion to make the improvement was given by the tenan t to the landlord before such commencement,

and no de terminat ion tha t the improvement was not necessary has been made p u r s u a n t to section five of the R u r a l T e n a n t s ' Improvemen t s Act, 1916, as amended by subsequent Acts .

(2)

(2) W h e r e an agreement has been made under the Rura l T e n a n t s ' Improvements Act, 1 9 1 6 , as amended by subsequent Acts , between the landlord and the tenant re la t ing to the t e rms as to compensat ion or otherwise on which the improvement is to be executed, any com­ pensa t ion payable under the agreement shall be substi­ tu ted for the compensat ion under this Act.

(3) If the tenant of a holding claims to be entit led to compensation under this section, and if the landlord and tenant fail to agree as to the amount and t ime and mode of payment of the compensation, the difference shall be sett led by a rb i t ra t ion under this Act.

(4) A tenant shall not be entit led to compensation under this section as well as under any other provision of this Act in respect of the same improvement .

P A R T I I I .

COMPENSATION.

DIVISION 1.—Compensation for improvements on

holdings.

7. ( 1 ) W h e r e a t enan t of a holding has af ter the

commencement of this Act made thereon any improve­ ment comprised in the F i r s t Schedule to this Act he shall, subject as in this Act mentioned, and whether the improvement was or was not an improvement which he was requi red to make by the t e rms of his tenancy, be entit led, a t the te rminat ion of the tenancy, on qui t t ing his holding to obtain from the landlord as compensation for the improvement such sum as fa i r ly represen t s the

value of the improvement to an incoming tenant .

This subsection shall apply to a case where the contract of tenancy was made before the commencement of th is Act, as well as to a case where the contract of tenancy is made af ter such commencement.

(2) I n the ascer ta inment of the amount of the compensat ion payable to a t enan t under this section there shal l be taken into account—

(a) any benefit which the landlord has given or allowed to the tenan t in considerat ion of the

tenan t

t enan t executing the improvement , whether express ly s ta ted in the contract of tenancy to be so given or allowed or n o t ; and

(b) as respects manuring as defined by this Act, the value of the ma nu re requi red by the contract of tenancy or by custom to be r e tu rned to the holding in respect of any c rops g rown on and sold off or removed from the holding within the last two yea r s of the tenancy or other less t ime for which the tenancy has endured, not exceeding the value of the m a n u r e which would have been produced by the consumption on the holding of the crops so sold off or removed.

(3) Nothing in this section shall prejudice the r ight of a t enan t to claim any compensat ion to which he may be enti t led unde r custom, agreement , or otherwise, in lieu of any compensat ion provided by this section.

8. (1) Compensat ion unde r this Act shall not be payable in respect of any improvement comprised in P a r t I or P a r t I I of the F i r s t Schedule to th is Act and made af ter the commencement of this Act unless the t enan t of the holding has , not more t han three nor less t han two months before beginning to execute the improvement , given to the landlord notice in wr i t ing of his intent ion so to do, and of the m a n n e r in which he proposes to do the intended work and, upon such notice being given, the landlord and the t enan t may agree on the t e rms as to compensat ion or otherwise on which the improvement is to be executed.

(2) If any agreement made under subsection one of this section secures to the t enan t fa i r and reasonable

compensat ion, hav ing r e g a r d to the c i rcumstances exist ing a t the t ime of making the agreement , for any such improvement , the compensat ion so secured shall, as respects t ha t improvement , be subst i tu ted for compensa­ t ion unde r th is Act.

(3) W h e r e the notice given by the t enan t to the landlord re la tes to any improvement comprised in P a r t I of the F i r s t Schedule to this Act, the landlord may within one month from the giving of such notice serve upon the tenan t a dissent in wr i t ing to such

intended

intended improvement and requi re the m a t t e r in

difference to be re fer red to a rb i t ra t ion under this Act.

If in any such a rb i t r a t ion the agr icu l tura l committee

is satisfied tha t such improvement will not be a suitable and desirable improvement it shall make an award accordingly, and the tenant shall not , if he executes such improvement , be entit led to any compensat ion in respect

thereof.

(4) I n default of any agreement under this section or if, in respect of an improvement comprised in P a r t I of the F i r s t Schedule, an a w a r d unde r subsection three of this section has not been made, the landlord may, unless the notice of the tenant is previously wi thdrawn, execute the improvement in any reasonable and p rope r manne r which he thinks fit, and recover from the t enan t as ren t a sum not exceeding five pe r centum per annum on the outlay incur red :

P rov ided that , if the landlord fails to execute the improvement within a reasonable t ime, the t enan t may execute the improvement and shall, in respect thereof, be enti t led to compensation unde r this Act.

The Minis ter may from t ime to t ime by notification published in the Gazette subst i tu te such percentage as he thinks fit for the percentage ment ioned in th is subsection, hav ing due r e g a r d to the cur ren t ra tes of in teres t .

(5) The landlord and the tenan t may, by the contract of tenancy or otherwise, agree to dispense with any notice under this section, and any such agreement may provide for anyth ing for which an agreement af ter

notice under this section m a y provide, and in such case	shall be of the same val idi ty and effect as such last-
ment ioned agreement.

W h e r e any agreement in wr i t ing entered into before the commencement of this Act secures to the t enan t of a holding for any improvement comprised in P a r t I I I of the F i r s t Schedule to this Act fair and reasonable compensation, having r e g a r d to the circumstances exist ing a t the t ime of making the agreement , the compensat ion so secured shall, as respects tha t improve­ ment, be subst i tuted for compensat ion under this Act.

9.

10. If the t enan t of a holding claims to be enti t led to compensation, whether under this Act or under custom or agreement or otherwise, in respect of any improvement comprised in the F i r s t Schedule to this Act and made af ter the commencement of this Act, and if the landlord and tenant fail to agree as to the amount and t ime and mode of payment of the compensation, the difference shall be sett led by a rb i t ra t ion under this Act.

W h e r e an incoming tenant of a holding has , with the consent in wr i t ing of his landlord, pa id to an out­ going t enan t a n y compensat ion payable under or in pursuance of this Act or any Act repealed by this Act in respect of the whole or p a r t of any improvement , the incoming tenant shall be entit led on qui t t ing the holding to claim compensation in respect of the improvement or p a r t in like manner , if a t all, as the outgoing tenant would have been entit led if he had remained tenant of the holding, and quit ted it at the t ime at which the incoming tenant quits it.

11.

12. A tenant who has remained in his holding dur ing two or more tenancies shall not, on qui t t ing his holding, be depr ived of his r ight to claim compensation under this Act in respect of improvements by reason only tha t the improvements were not made dur ing the tenancy on the te rmina t ion of which he quits the holding.

DIVISION 2.—Compensation in respect of increased or

diminished value of holding.

13. (1) W h e r e a tenant on qui t t ing a holding proves

to the satisfaction of an agr icu l tura l committee in an a rb i t ra t ion under this Act tha t the value of the holding to an incoming tenant has been increased dur ing the

tenancy by the continuous adopt ion of a s t a n d a r d of
fa rming or a system of f a rming which has been more

beneficial to the holding than the s t a n d a r d o r system (if any) required by the contract of tenancy, the agricul­ tu ra l committee shall award to the tenan t such compen­ sation as in i ts opinion represen t s the value to an incoming tenant of the adopt ion of tha t s t anda rd or sys tem:

Prov ided	that—
(a)	this section shall not apply in any case unless a record of the condition of the holding has been

made

made under this Act or in respect of any m a t t e r a r i s ing before the da te of the record so m a d e ; and

(b)	compensation shall not be payable under this section unless the t enan t has , before the ter­ minat ion of the tenancy, given notice in wr i t ing to the landlord of his intent ion to claim such
compensat ion; and

(c) in the a rb i t r a t ion the agr icu l tura l committee

when assessing the value to an incoming tenant shall make due allowance for any compensation agreed or awarded to be pa id to the tenan t for any improvement specified in the F i r s t Schedule to this Act which has caused or contr ibuted to the benefit.

( 2 ) Nothing in this section shall entitle a tenant

to recover in respect of an improvement specified in the F i r s t Schedule to this Act any compensation which he would not have been entit led to recover if this section had not been passed.

(3) The continuous adopt ion of such a beneficial s t anda rd or system of fa rming as aforesaid shall be t rea ted as an improvement for the purpose of the provi­ sions of this Act re la t ing to the de terminat ion of the ren t p roper ly payable in respect of a holding.

14. W h e r e a landlord proves to the satisfaction of an agr icul tura l committee in an a rb i t ra t ion under this Act, on the te rminat ion of the tenancy of a holding, tha t the value of the holding has been de te r io ra ted dur ing the tenancy by the fai lure of the tenan t to cult ivate the holding according to the rules of good husband ly or the

t e rms of the contract of tenancy, the agr icul tura l com­
mittee shall award to the landlord such compensation as
in i ts opinion represen ts the de ter iora t ion of the holding

due to such fa i lu re :

P rov ided	that—-
(a)	compensation shall not be payable under this section unless the landlord has , before the ter­ minat ion of the tenancy, given notice in wr i t ing to the tenan t of his intent ion to claim such
compensat ion; and

(b)

(b)	nothing in this section shall prevent a landlord from claiming compensat ion for di lapidat ions or for the de ter iora t ion of the holding under the contract of tenancy.
DIVISION 3.—Compensation for	disturbance.

15. (1) W h e r e the tenancy of a holding under a contract of tenancy for a t e rm of less t han five years , whether made before or af ter the commencement of this Act, t e rmina tes by reason of a notice to quit given by the landlord af ter the commencement of this Act, and in consequence of such notice the tenan t qui ts the holding, then, unless the tenant—

(a)	was not at the date of the notice cultivating the holding according to the rules of good hus­
b a n d r y ; or
(b)	had, at the date of the notice, failed to comply within a reasonable t ime with any notice in wr i t ing by the landlord served on him requi r ing him to pay any ren t due in respect of the holding, or to remedy any breach, being a breach which was capable of being remedied, of any t e rm or condition of the tenancy consistent with good
h u s b a n d r y ; or
(c)	had, at the date of the notice, materially pre­ judiced the in teres ts of the landlord by commit­ t ing a breach which was not capable of being remedied of any t e rm or condition of the tenancy
consistent with good h u s b a n d r y ; or
(d)	was at the date of the notice a person who had
become bankrup t or compounded with his
c red i to rs ; or
(e)	has, after the commencement of this Act, refused, or within a reasonable t ime failed, to agree to a demand made to h im in wr i t ing by the landlord for a rb i t r a t ion under this Act a s to the r en t to be paid for the holding as from the next ensuing date a t which the tenancy could have been te rmina ted by notice to quit given by the landlord a t the da te of the said demand ; or
(f)	had, at the date of the notice, unreasonably refused, or within a reasonable t ime failed to

comply

comply with a demand made to him in wr i t ing by the landlord requi r ing him to execute a t the expense of the landlord an agreement se t t ing out the exist ing t e rms of the t enancy;

and unless the notice to quit s ta tes t ha t it is given for one or more of the reasons aforesaid, compensat ion for the d is turbance shall be payable by the landlord to the t enan t in accordance with the provisions of this section:

P rov ided tha t compensation shall not be payable under this section in any case where the landlord has made to the t enan t an offer in wr i t ing to wi thdraw the notice to quit and the tenan t has unreasonably refused or failed to accept the offer.
(2) The landlord of a holding m a y a t any t ime make a demand in wr i t ing upon the tenan t for a rb i t ra ­ t ion under this Act as to whether the tenan t is culti­ va t ing the holding according to the rules of good husbandry . If in such a rb i t r a t ion the agr icu l tura l committee is satisfied tha t the tenan t is not cul t ivat ing the holding according to the rules of good husbandry i t shall make an award accordingly.

(3) Where the landlord of a holding refuses, or within a reasonable t ime fails to agree to a demand made to him in wr i t ing by the tenant for a rb i t ra t ion under this Act as to the ren t to be paid for the holding as from the next ensuing date at which the tenancy could have been te rmina ted by notice to quit given by the tenan t a t the date of the said demand, and by reason of the refusal or fai lure the tenan t exercises his power of t e rmina t ing the tenancy by a notice s ta t ing tha t it is given for tha t reason, the tenan t shall be entit led to compensation in the same manner as if the tenancy had been te rminated

by notice to quit given by the l and lo rd :

P rov ided tha t such compensation shall not be payable if the circumstances a re such tha t a notice to quit could have been given by the landlord for any of the reasons ment ioned in p a r a g r a p h ( a ) , p a r a g r a p h (b) or p a r a ­ g r a p h (c) of subsection one of this section.

(4) The provisions of this section re la t ing to demands for a rb i t ra t ion as to the ren t to be pa id for a holding shall not apply where the demand is so made tha t the increase or reduction of the ren t would take

effect

effect a t some t ime before the expira t ion of two years from the commencement of the tenancy of the holding or from the da te on which a previous increase or reduction of the ren t (made af ter the commencement of this Act) took effect.

(5) (a ) W h e r e a demand in wr i t ing for an arbi­

t ra t ion as to the ren t to be paid for the holding has been made for the purposes of this section and has been agreed to, whether in wr i t ing or otherwise, the question as to the ren t shall be refer red to a rb i t r a t ion under this Act.

(b) I n the a rb i t ra t ion the agr icul tura l com­

mit tee when de termining for the purpose of this section what ren t is p roper ly payable in respect of a holding, shall not take into account any increase in the rental value which is due to improvements which have been executed thereon so far as they were executed wholly or pa r t ly by and a t the expense of the tenan t wi thout any equivalent allowance or benefit made or given by the landlord in considerat ion of the i r execution and have not been executed by him under an obligation imposed by the te rms of his contract of tenancy, or fix the rent at a higher amount than would have been p roper ly payable if those improvements had not been so executed, and shall not fix the ren t at a lower amount by reason of any di lapidat ion or de ter iora t ion of land or buildings made or permi t ted by the tenant .

(6) The compensat ion payable under this section shall be a sum represen t ing such loss or expense directly a t t r ibutable to the qui t t ing of the holding as the tenan t m a y unavoidably incur upon or in connection with the sale or removal of his household goods, implements of husbandry , fixtures, f a rm produce or f a rm stock on or

used in connection wi th the holding, and shall include

any expenses reasonably incurred by him in the pre­

pa ra t ion of his claim for compensat ion (not being costs of an a rb i t r a t ion to determine the amount of the com­ pensat ion) ; bu t for the avoidance of disputes, such sum shall, except where the tenan t is a sharefarmer , for the purpose of this Act, be computed at an amount equal to one y e a r ' s r en t of the holding, unless it is proved tha t the loss and expenses so incur red exceed an amount equal to one y e a r ' s ren t of the holding, in which case the

sum

sum recoverable shall be such as represen ts the whole loss and expenses so incurred up to a maximum amount equal to two y e a r s ' ren t of the holding.

(7) Compensat ion shall no t be payable under this

section—

(a)	in respect of the sale of any goods, implements, fixtures, produce or stock unless the tenan t has before the sale given the landlord a reasonable oppor tun i ty of making a valuat ion thereof; or
(b)	unless the tenant has, not less than one month before the te rminat ion of the tenancy, given notice in wr i t ing to the landlord of his intent ion to make a claim for compensat ion unde r this
sect ion; or
(c)	where the tenant with whom the contract of tenancy was made has died within three months before the da te of the notice to qu i t ; or
(d)	if in a case in which the tenant, under section twenty-five of this Act, accepts a notice to quit p a r t of his holding as a notice to quit the ent ire holding, the p a r t of the holding affected by the notice given by the landlord, together with any other p a r t of the holding affected by any previous notice given under tha t section by the landlord to the tenant , is less than one-fourth p a r t of the original holding, or the holding as proposed to be diminished is reasonably capable of being cul t ivated or worked as a separa te holding, except compensat ion in respect of the p a r t of the holding to which the notice to quit
r e la ted ; or
(e)	where a written contract of tenancy has been

entered into (whether before or af ter the commencement of this Act) for the let t ing by the landlord to the tenan t of a holding, which a t the t ime of the creat ion of the tenancy had then been for a per iod of not less than twelve months in the occupation of the landlord, upon the express t e rms tha t if the landlord desires to resume tha t occupation before the expirat ion of a specified t e rm not exceeding seven yea r s the landlord should be enti t led to give notice to

quit

quit without becoming liable to p a y to the t enan t any compensat ion for d is turbance, and the landlord desi res to resume occupation within the specified period, and such notice to quit has been given accordingly.

(8) Compensat ion payable unde r this section shall be in addi t ion to any compensat ion to which the tenan t m a y be enti t led in respect of improvements , and may be determined and recovered in the same manne r as such compensat ion.

DIVISION 4.—Compensation in case of tenancy under

mortgagor.

16. W h e r e a pe r son occupies a holding under a contract of tenancy with a mor tgagor , which is not binding on the mor tgagee , then—

(a)	the occupier shall, as against the mortgagee who takes possession, be enti t led to any compensat ion which is, or would but for the mor tgagee taking possession, be due to the occupier f rom the mor tgago r as respect crops , improvements , t i l lages, or o ther m a t t e r s connected wi th the holding, whether under this Act or custom or an agreement au thor ised by this Ac t ;
(b)	if the contract of tenancy is for a tenancy from y e a r to yea r or for a t e rm of years , not exceeding five, a t a rack-rent the mor tgagee shall, before he depr ives the occupier of possession otherwise than in accordance with the contract of tenancy, give to the occupier six m o n t h s ' notice in wr i t ing of his intent ion so to do and, if he so depr ives
for his crops, and for any expendi ture upon the him, compensat ion shall be due to the occupier
land which he has made in the expectat ion of
remain ing in the holding for the full t e r m of his contract of tenancy, in so f a r as any improve­ ment resul t ing theref rom is not exhausted a t the t ime of his being so depr ived ;
(c)	if the mortgagee and the occupier fail to agree as to the amount and t ime and mode of payment of the compensat ion, the difference shall be
set t led by a rb i t r a t ion unde r this A c t ;

(d)

(d) any sum ascertained to be due to the occupier

for compensat ion or for any costs connected therewith, may be set off aga ins t any ren t or other sum due from him in respect of the holding, but unless so set off shall, as aga ins t t he mor tgagee , be charged and recovered in accordance with the provisions of this Act re la t ing to the recovery of compensation due from a landlord who is a t rus tee .

DIVISION 5.—Arbitrat ion.

17. (1) Any question, difference, d ispute or other m a t t e r whatsoever which by or under this Act is required o r permi t ted to be refer red to a rb i t ra t ion shall, notwith­ s t and ing any agreement under the contract of tenancy o r otherwise provid ing for a different method of deter­ minat ion, be determined by an agr icul tura l committee a s a rb i t r a to r s in accordance with the provisions set out in the Second Schedule to this Act.

( 2 ) Any claim to compensation under this Act

shall cease to be enforceable after the expirat ion of two months from the terminat ion of the tenancy unless pa r ­ t i cu la r s thereof have been given by the landlord to the t enan t or by the tenant to the landlord, as the case m a y

be, before the expirat ion of tha t pe r iod :

P rov ided tha t , where a tenant lawfully remains in occupat ion of p a r t of a holding af ter the te rminat ion of the tenancy, pa r t i cu la r s of a claim re la t ing to tha t p a r t of the holding may be given within two months from t h e te rminat ion of the occupation.

(3) W h e r e a claim for compensation has been

r e fe r r ed to a rb i t ra t ion and the compensation payable unde r an agreement is by this Act to be subst i tuted for compensat ion under this Act, such compensation as is to be so subst i tuted shall be awarded in respect of any improvement provided by the agreement .

(4) If in any arb i t ra t ion under this Act the agr i ­

cu l tu ra l committee s ta tes a case for the opinion of the d is t r ic t court on any question of law, the opinion of the cour t on any question so s ta ted shall be final.

2A (5)

(5) Any p a r t y to an a rb i t ra t ion unde r this Act

m a y a p p e a r before such committee ei ther personal ly o r

by his represen ta t ive who shall not be a ba r r i s t e r	o r
solicitor.

18. On an a rb i t r a t ion under this Act an agr icul tura l

committee—

(a)	shall state separately in its award the amounts awarded in respect of the several claims refer red to i t ; and
(b)	may, if it thinks fit, make an interim award for the payment of any sum on account of the sum to be finally awarded.

W h e r e a holding has become vested in more than one person in several p a r t s and the ren t payable by the tenan t of the holding has not been appor t ioned with his consent o r under any s ta tu te , the tenan t shall be entit led to requi re tha t any compensat ion payable to him under th is Act shall be de termined as if the holding had not been divided, and in any a rb i t ra t ion under this Act as to such compensat ion the agr icu l tura l committee shall , where necessary, appor t ion the amount awarded between the persons who, for the purposes of this Act, toge ther consti tute the landlord of the holding, and any addi t ional costs of the award caused by the appor t ionment shall be directed by the a rg icu l tura l committee to be pa id by those persons in such propor t ions as it shall determine.

19.

W h e r e any sum agreed or awarded under this Act to be pa id for compensat ion costs or otherwise by a landlord or tenant of a holding is not pa id within fourteen days after the t ime when the payment becomes due, i t shall, subject as in this Act provided, be recover­

20 .

able as a debt in any court of competent jur isdict ion. P A R T IV.

FIXTURES AND BUILDINGS.

2 1 . Any engine, machinery, fencing or other fixture affixed to a holding by a t enan t before or af ter the com­ mencement of this Act, and any bui lding erected by him thereon for which he is not under th is Act or otherwise entit led to compensat ion and which is not so affixed or erected in pursuance of some obligation in tha t behalf

or

or ins tead of some fixture or building belonging to the landlord, shall be the p rope r ty of and be removable by the tenan t before or within a reasonable t ime af ter the

te rmina t ion of the t enancy :

P rov ided tha t—

(a)	before the removal of any fixture or building the tenan t shall pay all rent owing by him, and shall per form or satisfy all other his obligations to the landlord in respect of the hold ing;
(b)	in the removal of any fixture or building the tenant shall not do any avoidable damage to any other building or other p a r t of the hold ing;
(c) immediately af ter the removal of any	fixture

or building the tenan t shall make good all damage occasioned to any other building or other p a r t of the holding by the remova l ;

(d)	the tenant shall not remove any fixture or building without giving one mon th ' s previous notice in wr i t ing to the landlord of his intent ion to remove i t ;
(e)	at any time before the expiration of the notice of removal the landlord, by notice in wr i t ing given by him to the tenant , may elect to purchase any fixture or building comprised in the notice of removal , and any fixture or bui lding thus elected to be purchased shall be left by the tenant , and shall become the p r o p e r t y of the landlord, who shall p a y to the tenan t the fa i r value thereof to an incoming tenant of the hold­ ing and any dispute as to value shall be deter­
mined by a rb i t ra t ion under this Act .

P A R T V.

EXTENSION OP TENANCIES AND NOTICES TO Q U I T .

22 . W h e r e by any contract of tenancy made af ter the commencement of this Act, a tenancy of a holding is expressed to be for a fixed t e rm of less than two years , the contract of tenancy shall have and take effect as if the t e rm of two years were subst i tuted for the fixed t e rm so expressed.

This

This section shall not apply to a tenancy of a holding for a t e r m not exceeding one year to be used for the sole purpose of the agis tment of stock, where the contract of tenancy is expressed to be made for tha t purpose .

2 3 . (1) I n the case of a tenancy of a holding for a t e r m of two yea r s or upwards , the tenancy shall not ter­ mina te on the expira t ion of the t e r m for which it w a s granted , unless not less than one yea r nor more than two yea r s before the da te fixed for the expi ra t ion of the t e rm a wr i t ten notice has been given by ei ther p a r t y to t he other of his intent ion to te rmina te the tenancy, and any notice so given shall be deemed to be a notice to quit fo r the purposes of this Act.

( 2 ) If no such notice is given, the tenancy shall ,

as from the expira t ion of the t e rm for which it was gran ted , continue as a tenancy from year to year , bu t otherwise so fa r as applicable on the t e rms of the original tenancy.

(3) This section shall apply to any tenancy g ran ted or agreed to be g ran ted af ter the commencement of this Act.
(4) I n any case to which this section shall apply,, i t shall apply no twi ths tanding any agreement to t he con t ra ry or any th ing contained in any other Act.

(5) I n the applicat ion of this section to a ten­ ancy of the na tu r e re fer red to in section twenty-two of th is Act the t e r m of two years there in refer red to shall be deemed to be the t e rm for which the tenancy w a s g ran ted .

24 .      (1) Notwi ths tanding any provision in a contract

of tenancy or in any other Act to the cont rary , a notice to quit a holding shall be invalid if i t p u r p o r t s to ter­

mina te the tenancy before the expira t ion of twelve
months from the end of the then cur ren t year of tenancy

or where the da te of creat ion of a tenancy is unknown to the person giving the notice, before the expira t ion of twelve months from the date of the notice.

I n the applicat ion of this section to a tenancy a t will the expression " t h e then cur ren t year of t e n a n c y " shall mean the period of one yea r (calculated from the da te of commencement of the tenancy or the ann iversa ry thereof, as the case may be) cur ren t at the da te when the not ice to quit is given.

(2)

(2) This section shall not apply to—

(a) any notice given for any of the reasons specified in p a r a g r a p h s (a) to (f) both inclusive of sub­ section one of section fifteen of this Act pro­ vided tha t the notice s ta tes tha t it is given for any one or more of such r easons ; or

(b) any notice given by a t enan t to a sub- tenant ; or

(c) any notice given before the commencement of this Act.

W h e r e a notice to quit is given by the landlord of a holding to a t enan t under a tenancy which is not for a fixed t e rm with a view to the use of land for any of the

25 .

following p u r p o s e s : —

(i) the p lan t ing of t r e e s ;

(ii)   the opening: or working of any coal, ironstone, l imestone, brick, ear th or other minera l or of a' stone quar ry , clay, sand, or g rave l pit , or the. construct ion of any works or buildings to be

used in connection the rewi th ;

(iii) the making of a watercourse or rese rvo i r ;

(iv)   the making of any road, railway, tramroad, siding, or any wharf, p ier or other work con­

nected therewi th ;

and the notice s ta tes tha t it is given with a view to any

such use—

(a)	it shall, by virtue of this Act, be no objection to the notice tha t it re lates to p a r t only of the holding; and
(b)	the provisions of this Act respecting compensa­ tion shall apply as if the p a r t to which the notice re la tes were a separa te holding; and

(c)	the tenant shall be entitled to a reduction of rent p ropor t iona te to the p a r t to which the notice re la tes and in respect of any depreciat ion of the value to him of the residue of the holding caused by the severance or by the use to be made of the p a r t severed, and the amount of tha t reduction shall be settled as in case of compensation unde r
this A c t :
P rov ided tha t the tenan t may, a t any t ime	within

twenty-eight days after service of the notice to quit , serve on the landlord a notice in wr i t ing to the effect t ha t

he

he accepts it as a notice to quit the ent i re holding, to take effect a t the expira t ion of the then cur ren t year of t enancy ; and the notice to quit shall have effect accordingly.

P A R T V I .

MISCELLANEOUS R I G H T S OF LANDLORD AND TENANT.

26. The landlord of a holding or any person author ised by him may a t all reasonable t imes enter on the holding for the purpose of viewing the s ta te of the holding.

27. Notwi ths tanding any provision in a contract of tenancy making the tenan t of a holding liable to pay a h igher ren t or other l iquidated damages in the event of any breach or non-fulfilment of a t e rm or condition in the contract , a landlord shall not be entit led to recover any sum in consequence of any such breach or non- fulfilment in excess of the damage actually suffered by him in consequence of the breach or non-fulfilment:

P rov ided tha t this section shall not apply to any t e rm or condition in a contract aga ins t the breaking up of pe rmanen t pas tu re , the grubbing of undergrowth , or the felling, cut t ing, lopping or the r ingbark ing or in jur ing

of t rees .
28. (1) Notwi ths tanding any custom of the country

or the provisions of any contract of tenancy or agree­ ment respect ing the method of cropping of arable lands , a t enan t of a holding shall have full r igh t to prac t i se any system of c ropping of the arable land on the holding

wi thout incur r ing any penal ty , forfe i ture or l iabi l i ty:

P rov ided t h a t he shall previously have made or, as
soon as may be, shall make suitable and adequate provi­
sion to protec t the holding from in jury or de ter iora t ion .
(2) If the t enan t exercises his r igh t s under this
section in such a m a n n e r as to in jure or de te r io ra te the
holding or to be likely to injure or de te r iora te the hold­
ing, the landlord shall, without prejudice to any other
remedy which may be open to him, be enti t led to recover

damages in respect of such in jury or de ter iora t ion at

a n y

any time and, should the case so require, to obtain an injunction restraining the exercise of the rights under this section in that manner.

(3) In this section the expi-ession "arable land" shall not include land in grass which by the terms of any contract of tenancy is to be retained in the same condition throughout the tenancy.
29. (1) Where the tenant of a holding has during his tenancy stored on the holding any hay, silage, straw, roots, manure or compost he shall, at the termination, of the tenancy, on quitting his holding, be entitled to obtain from the landlord as compensation for any such hay, silage, straw, roots, manure or compost so stored at the date of his quitting the holding, the value thereof to an incoming tenant:
Provided that, in the application of this section to a case where the tenant is a share-farmer the compensation to which he is entitled shall be a proportion or share of such value equivalent to the proportion or share of the produce of the land or the proceeds of the sale

thereof, to which, in accordance with the provisions of
the share-farming agreement, he is entitled.

( 2 ) Where an incoming tenant of a holding has,

with the consent in writing of his landlord, paid to an outgoing tenant any compensation payable under sub­ section one of this section, the incoming tenant shall be entitled, on qui t t ing the holding, to claim compensation in respect of the hay, silage, s t raw, roots, manure or compost in like manner , if at ail, as the outgoing tenant would have been entitled if he had remained tenant of the holding and quitted it at the time at which the incom­ ing tenant quits it.

(3) If the landlord and the tenant fail to agree as to the amount and time and mode of payment of com­ pensation under this section the difference shall be settled by arbitration under this Act.

30. If the landlord or tenant of a holding at any time during the tenancy so requires, a record of the condition of the buildings, fences, gates, roads, drains, ditches and cultivation of the holding and, if so required by the tenant, a record of any existing improvements executed by the tenant or for which the tenant has with the written consent of his landlord paid compensation to an

outgoing

outgoing tenant and of any fixtures or buildings which unde r section twenty-one of this Act the tenan t is enti t led to remove, shall be made by a person to be appoin ted in default of agreement by the Minister , and in default of agreement the cost of making any such record shall be borne by the landlord and tenant in equal shares .

31 . W h e r e the land comprised in a contract of tenancy is not a holding within the meaning of this Act by reason only of the fact tha t the land so comprised includes land (here inaf ter re fe r red to as " t h e non-s ta tu tory l a n d " ) , which, owing to the na tu r e of the buildings thereon or the use to which it is put , would not, if it had been separa te ly let, be a holding within the meaning of this Act, the provisions of this Act re la t ing to compensation for improvements and dis turbances shall, unless other­ wise agreed in wri t ing, apply to the p a r t of the land exclusive of the non-s ta tu tory land as if tha t p a r t were a separa te holding.

P A R T V I I .

GENERAL.

32. A landlord of a holding, whatever may be his es ta te or in te res t in the holding, may give any consent, make any agreement or do or have done to him any act in relat ion to improvements or other m a t t e r s in respect of which compensation is payable under this Act, which he might give or make or do or have done to him if he were owner in fee simple or, if his in teres t is an in teres t in a leasehold, were absolutely entit led to tha t leasehold.

W h e r e any sum agreed or awarded to be pa id for compensation or any sum awarded under this Act to be

33 .

paid by a landlord is due from a landlord entit led to

receive the ren t s and profits of the holding otherwise than for his own benefit, whether as t rus tee or in any other charac ter , the sum due shall be charged and recov­ ered as follows and not otherwise ( tha t is to s a y ) —

(a) The amount so due shall not be recoverable personal ly agains t the landlord, nor shall he be unde r any liabili ty to p a y tha t amount , but it shall be a charge on and recoverable agains t the holding only.

(b)

(b)	The landlord shall, if he pays to the tenant the amount due to him, be entitled to the charge on the holding.
(c)	If the landlord neglects or fails to pay to the tenant the amount due to him the tenant shall be entitled to the charge on the holding.
(d)	A charge made under this section shall be a charge upon land within the meaning of section one hundred and eighty-seven of the Convey­ ancing Act, 1919-1939, and may be registered accordingly.

3 4 . In estimating the best rent or reservation in the nature of rent of a holding for the purposes of any Act, deed or other instrument, authorising a lease to be made, provided that the best rent or reservation in the nature of rent is reserved, it shall not be necessary to take into account against the tenant any increase in the value of the holding arising from any improvements made or paid for by the tenant.

3 5 . Subject to the provisions of this Act, any con­ tract (whether under seal or not) made by a tenant of a holding, by virtue of which his right to claim compensa­ tion under this Act is taken away or limited, shall to that extent be void.
3 6 . Any notice, request, demand, or other instrument under this Act may be served on the person to whom it is to be given either personally or by leaving it for him at his last known place of abode or business in or out of New South Wales or by sending it through the post in a registered letter addressed to him at that place of abode or business and in such case service shall be deemed to

have been made at the time at which the registered letter	would be delivered in the ordinary course of post; and
in the case of a notice to a landlord " the person to whom it is to be given" shall include any agent of the landlord entitled or authorised to receive any rent payable to the landlord.
3 7 . Except as in this Act expressed, nothing in this Act shall prejudicially affect any power, right or remedy of a landord, tenant or other person vested in or exercise- able by him by virtue of any other Act or law, or under any custom of the country or otherwise in respect of a

contract

contract of tenancy or other contract or of any improve­ ments, deteriorations, waste, emblements, tillages, away- going crops, fixtures, tax, rate, rent or other thing.

3 8 . (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without prejudice to the generality of the powers conferred by subsection one of this section regu­ lations may be made for or with respect to—

(a)	the method of constituting an agricultural committee for the purposes of any arbitration under this Act;
(b)	all matters relating to proceedings in any arbitration under this Act, including the initia­ tion of any such proceedings;
(c)	forms to be used for the purposes of this Act or of any arbitration under this Act;
(d)	fees to be paid in connection with any arbitra­ tion under this Act or any proceedings in any such arbitration.

(3) The regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified in such regulations; and
(c)	be laid before both Houses of Parliament within fourteen sitting days after publication if Par­ liament is in session, and if not, then within

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect. fourteen sitting days after the commencement of the next session. S C H E D U L E S .

SCHEDULES.

F I R S T S C H E D U L E .

P A R T I .

(1) Erec t ion , a l te ra t ion or en la rgmen t of bui ld ings , except as

provided for in P a r t I I I of th is Schedule and except in regard to

a l te ra t ions to mi lk ing bails.

(2) E rec t ion and const ruct ion of silos.

(3) M a k i n g of works of i r r iga t ion .

(4) M a k i n g or improvement of watercourses, ponds, wells or dams or of works for the appl icat ion of water power or for the supply of water for agr icu l tu ra l or domestic purposes.

(5) M a k i n g or removal of pe rmanen t boundary fences and the

erect ion of rabbit-proof, dog-proof or marsup ia l proof fences or the

m a k i n g of fences rabbit-proof, dog-proof or marsup ia l proof.

(6) P l a n t i n g of orchards , f ru i t bushes, banana , sugar-cane, p ine­

apple or cow cane p lants , and oil, fodder, t imber or firewood trees .

(7) Rec la iming of waste land.

(8) E m b a n k m e n t s and sluices aga ins t floods, contour banks t o

mi t i ga t e or prevent soil erosion and the p l a n t i n g of trees to mi t i ga t e

or prevent soil erosion.

(9) Provis ion of pe rmanen t sheep d ipping accommodat ion.

(10) R ingbark ing , sucker ing and the c lear ing of t imber except in

the case of cul t iva t ion or cropping land.

P A R T I I .

(11) Domest ic water supply.

(12) Dra inage .

(13) M a k i n g or improvement of necessary roads or br idges.

(14) Clear ing and removal of s tumps and logs from cul t iva t ion

or cropping and pas ture land.

(15) Des t ruc t ion of prickly-pears, br ia rs , blackberries, l an t ana .

P A R T I I I .

(16) Mak ing of pe rmanen t subdivision fences.

(17) L a y i n g down of pe rmanen t pas tures .

(18) Claying of land or the spreading of sand, loam or bush scrapings .

(19) L i m i n g and the appl icat ion of other calc ium compounds t o

land .

(20) Appl ica t ion to l and of purchased artificial fert i l isers or o ther purchased manures .

(21) Consumpt ion on the holding by catt le, sheep or pigs or by horses o ther t h a n those regular ly employed on the holding of g ra ins , cake or other feeding stuff not produced on the holding.

(22) Consumpt ion on the holding by cat t le , sheep or pigs or by horses other t h a n those regular ly employed on the holding of g ra ins proved by sat isfactory evidence to have been produced and consumed on the holding.

(23)

(23) L a y i n g down temporary pas tu re wi th clover, grass or other seeds in so far as the value of the temporary pas tu re on the holding a t the t ime of q u i t t i n g exceeds the value of the t emporary pas tu re on the holding a t the commencement of the t enancy for which the

t e n a n t did not pay compensat ion.

(24) T h e growing of green m a n u r e crops for the purpose of m a i n t a i n i n g or improving soil fer t i l i ty .

(25) Repai rs to bui ld ings being bui ld ings necessary for the proper cul t iva t ion or working of the holding, other t h a n repai rs which the t e n a n t is himself under an obligation to execu te :

Provided t h a t the t e n a n t before beginning to execute any such repa i r s shall give to the landlord not ice in w r i t i n g of his in ten t ion , together wi th par t i cu la rs of such repairs , and shall not execute the repa i rs unless the landlord fails to execute them wi th in a reason­ able t ime after receiving such not ice.

(26) Repairs to or re-erection of bu i ld ings t o meet the require­ men t s of the Da i r i es Supervis ion Act , 1901, and any other Acts .

(27) Repairs to and the c leaning of silt from wells, bores, dams and reservoirs.

S E C O N D S C H E D U L E .

R U L E S AS TO DETERMINATION OF D I S P U T E S .

Appointment of Agricultural Committee.

1. A n agr icu l tu ra l commit tee shall consist of three members .

Of such members—

(a )	one shall be an officer of the D e p a r t m e n t of Agr icu l tu re , who shall be appointed by the Minis te r and who shall be
t he cha i rman of t he commi t t ee ;
(b)	one shall be a person whose name is on the panel of land­ lords and shall be appointed by the l and lord ;
(c)	one shall be a person whose name is on the panel of tenants

and shall be appointed by the t enan t .

I n defaul t of an appo in tment by e i ther a landlord or a t e n a n t
•within four teen days after be ing required so to do by the o ther

pa r ty to the dispute , t ha t pa r ty may apply to the Min i s te r to appoint

on behalf of the other pa r ty a person from the appropr ia te panel

and the Minis te r shall thereupon make such appoin tment , N e i t h e r pa r ty shall have power to revoke the appo in tment of	a
member of the ag r i cu l tu ra l commit tee wi thou t the consent of	the
o ther	pa r ty .

2. The panels of landlords and of t enan t s shall respectively consist
of the names of persons appointed from t ime to t ime by the Minis te r .

3. The Minis te r m a y at any t ime remove any name from any such

pane l .

4. I f a person appointed a member of an agr icu l tu ra l commit tee •dies or is incapable of ac t ing or refuses or fails to act on the agr i ­ cu l tu ra l commit tee , another person shall be appointed in his place as if he had not been appointed.

5. The r emunera t ion of the members of an agr icu l tu ra l commit tee

( o t h e r t h a n the c h a i r m a n ) shall be such amoun t as is agreed upon between such person and the landlord or t enan t , as the case may be, by whom or on whose behalf the appo in tment is made, bu t not exceeding such amoun t as may be fixed by the Minis te r , e i ther

genera l ly or in any par t icu la r case.

6. The r emunera t ion of a member of an agr icu l tu ra l commit tee

( o t h e r t h a n the cha i rman) may be recovered in any court of com­ p e t e n t ju r i sd ic t ion as a debt due to h im by the landlord or t enan t a s the case may be by whom or on whose behalf the appo in tment

w a s made .

Time for Award.

7. Except where otherwise expressly provided i n th is Act , t he a g r i c u l t u r a l commit tee shall make and sign i ts award wi th in fourteen days af ter the a rb i t ra t ion or wi th in such longer period as the M i n i s t e r may (whether the t ime for mak ing the award has expired

o r no t ) direct .

Evidence.

8. The par t ies to the a rb i t ra t ion , and all persons c la iming th rough

t h e m respectively, shall, subject to any legal objection, submit to be examined by the agr icu l tu ra l commit tee , on oath or affirmation, in re la t ion to the ma t t e r s in dispute , and shall, subject as aforesaid, produce before the agr icu l tu ra l commit tee all samples, books, deeds, papers , accounts , wr i t ings and documents , wi th in the i r possession o r power respectively, which may be required or called for, and do a l l o ther th ings which d u r i n g the proceedings the agr icu l tu ra l

commi t t ee may require .

9. The cha i rman of the agr icu l tu ra l commit tee shall have power t o admin is te r oaths, and to take the affirmation of par t i es and wit­ nesses appear ing, and witnesses shall, if the cha i rman of the agr icul­ t u r a l commit tee th inks fit, be examined on oath or affirmation.

Statement of Case.

10. The agr icu l tura l commit tee may at any stage of the proceedings, a n d shall if so directed by the judge of the Dis t r i c t Cour t (which

d i rec t ion may be given on the appl icat ion of e i ther p a r t y ) , s ta te in t h e form of a special case for the opinion of tha t cour t any quest ion

of law ar i s ing in the course of the Award.

a rb i t ra t ion .

11. T h e agr icu l tu ra l commit tee shall, on the applicat ion of e i ther

pa r ty , specify the amoun t awarded in respect of any pa r t i cu la r improvement or any par t i cu la r m a t t e r the subject of the award, and the award shall fix a day not la ter t h a n one m o n t h after the delivery of the award for the payment of the money awarded as compensat ion, costs, or otherwise, and shall be in or t o the effect of such form as m a y be prescribed.

12. The award to be made by the agr icu l tu ra l commit tee shall be final and b ind ing on the par t ies and the persons c la iming under	t h e m
respectively.

Hire-purchase Agreements Act.

13. In the case of any matter coming before an agricultural committee and the members are divided in opinion, the decision of the majority shall be the decision of the agricultural committee.

14. The agricultural committee may correct in an award any
clerical mistake or error arising from any accidental slip or omission.

15. Where a member of an agricultural committee has misconducted

himself, or an arbitration or an award has been improperly procured,

the District Court may set the award aside.

Costs.

16. The costs of and incidental to the arbitration and award shall be in the discretion of the agricultural committee, which may direct to and by whim and in what manner these costs or any part thereof are to be paid, and the costs shall be subject to taxation by the registrar of the District Court on the application of either party, but that taxation shall be subject to review by the judge of the District Court.

17. The agricultural committee shall, in awarding costs, take into consideration the reasonableness or unreasonableness of the claim of either party, either in respect of amount or otherwise, and any unreasonable demand for particulars or refusal to supply particulars, and generally all the circumstances of the case, and may disallow the costs of any witness whom it considers to have been called unnecessarily, and any other costs which it considers to have been incurred unnecessarily.

Interpretation.

18. In this Schedule "District Court" means the District Court having jurisdiction in the district in which is situated the holding to which the arbitration relates.