Small Holdings - Law Dictionary Search Results
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Small holdings. The (English) Small Holdings and Allotments Act, 1908, by s. 61 gives the following definition:-The expression 'small holding' means an agri-cultural holding which exceeds one acre and either does not exceed fifty acres or, if exceeding fifty acres, is at the date of sale or letting of an annual value for the purposes of income tax not exceeding one hundred pounds [as amended by the (English) Small Holdings and Allotments Act, 1926 (16 & 17 Geo. 5, c. 52), s. 16]....
Small holding colonies
Small holding colonies. By the (English) Small Holding Colonies Act, 1916 (6 & 7 Geo. 5, c. 38) and 1918 (8 & 9 Geo. 5, c. 26), as amended by the (English) Land Settlement (Facilities) Act, 1919 (9 & 10 Geo. 5, c. 59), the Board, now Ministry, of Agriculture and Fisheries may, after consultation with the chairman of the county council, acquire by agreement a limited amount of land up to 45,000 acres in England and Wales for the purpose of providing small holding colonies with powers conferred by the Acts.See ALLOTMENTS, and Aggs on Agricultural Holdings....
Allotments
Allotments. Many (English) Acts (see chit. Stat., tit. 'Allotments') have been passed authorizing parish officers to let out to poor persons small quantities of parish land or land originally allotted under inclosure Acts for the benefit of the poor. The Small Holdings and Allotments Act, 1908 (Part II.), empowers parish, urban, borough or county councils to provide plots of land for persons belonging to the labouring population of the locality to cultivate as farms or gardens. Land for allotments may be acquired compulsorily by the above bodies (ss. 12 and 27, Land Settlement (Facilities) Act, 1919) (as amended by the 1925 Act, s. 1). This Act as amended by the Allotments Act, 1922, necessitates a six months' or longer notice to quit (but see s. 30(2) of the Act, 1908, and s. 1 of the Act of 1922), and provides, notwithstanding any agreement to the contrary, for compensation to an outgoing tenant by the landlord for growing crops, manure, improvement, etc. (s. 47 of the Act of 1908, a...
Resumption
Resumption. 1. The taking again by the Crown of such lands or tenements, etc., as on false suggestion had been granted by letters-patent, Bro. Ab. 291.2. By agricultural landlord, before legal tenancy ended, of the tenant's land (generally in part only) for building, etc., purposes, making an abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but in many cases of yearly tenancy recourse may be had to s. 27 of the (English) Agricultural Holdings Act, 1923, by which:-Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes:-(i) The erection of farm labourers' cottages or other houses with or without gardens;(ii) The provision of gardens for farm labourers' cottages, or other houses;(iii) The provision of allotments;(iv) The provi...
Renewal of lease
Renewal of lease, a re-grant of an expiring lease for a further term. Where a lease contains a covenant by the lessor for renewal, this convenant is commonly subject to the condition that the covenants in the lease shall have been performed by the lessee, and this condition is strongly enforced by the Court, Finch v. Underwood, (1876) 2 Ch D 310.Leases may be surrendered in order to be renewed, without a surrender of under-leases, by virtue of the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 6, before which Act a surrender of each under-lease was necessary.As to covenants for perpetual renewal, see Wynn v. Conway Corporation, (1914) 2 Ch 705, and cases there referred to.By the (English) Law of Property Act, 1922, s. 145, and 15th Sch., perpetually renewable leases have, from the 1st January, 1926, been converted into terms of 2,000 years from the date of the commen-cement of the existing term. The conversion is without prejudice to the covenants and conditions of the l...
Glebe
Glebe, the land possessed as part of the property of an ecclesiastical benefice.The soil of an inheritance; an agrarian estate, Black's Law Dictionary, 7th Edn., p. 698.As to sale of glebe, and offer thereof for the purpose of allotments, see the (English) Glebe Lands Act, 1888 (51 & 52 Vict. c. 20), and the (English) Glebe Land Sale Rules made by the Land Commissioners (now the Ministry of Agriculture) thereunder; and as to letting glebe on lease up to 14 years with consent of patron and bishop, see (English) Ecclesiastical Leases Act, 1842 (5 & 6 Vict. c. 27); and as to the hiring of glebe land for small holdings and allotments, see the (English) Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36); 1926 (16 & 17 Geo. 5, c. 52); and see (English) Housing Act, 1936. Consult Key and Elphinstone's Prec....
Grazing
Grazing. The right of grazing on the sides of the highway belongs to the adjoining owners usque ad medium filum vi'. See also AGISTMENT. As to power to attach grazing rights to small holdings and allotments, see s. 42 of the Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), as amended by 9 & 10 Geo. 5, c. 59...
Experts
Experts, referred in Indian Evidence Act, 1872 (1 of 1872), s. 45.The witnesses who give evidence upon matters of their own professional knowledge, as distingui-shed from particular matters of fact, e.g., professed judges of handwriting, foreign lawyers as to foreign law (see Re Turner, 1906 WN 27), or doctors as to the effects of drugs or poisons. The admissibility of such evidence rests upon the maxim cuilibet in sua arte est credendum.Regarding Court Experts, see R.S.C.Ord. XXXVIIA. An arbitrator under the (English) Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), cannot by virtue f Schedule I. (5) of that Act hear expert witnesses except by direction of the Minister of Agriculture and Fisheries. See Best on Evidence; as to privilege of expert on handwriting, see Seaman v. Netherclift, (1876) 2 CPD 53; and as to the caution with which well-paid expert evidence is to be accepted as proof, see per Jessel, M.R., in Lord Abinger v. Ashton, (1873) LR 17 Eq. 358....
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
Pre-emption, Right of
Pre-emption, Right of, the power of buying a thing before others, as superfluous lands under the (English) Lands Clauses Consolidation Act, 1845, s. 128, which must before sale be offered to the persons from whom they were originally taken, or to the adjoining owners; as to registration of contracts or deeds giving the right of pre-emption as estate contracts, see (English) Land Charges Act, 1925, s. 10. Compare the right of pre-emption which a county council has by virtue of s. 12 (4) of the Small Holdings and Allotments Act, 1908. Also, a privilege formerly allowed to the royal purveyor, but abolished by 12 Car. 2, c. 24. See OPTION TO PURCHASE....
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