(2)  With respect to any such land, for the purposes of this Act the Commissioners of Woods or other the proper officer or body having charge of the land for the time being, or, in case there is no such officer or body, then such person as His Majesty may appoint in writing under the Royal Sign Manual, shall represent His Majesty and shall be deemed to be the landlord.

 (3)  The power given to the Treasury by section one of the Crown Lands Act, 1866 (being a power to direct the cost of certain improvements to be charged to capital and repaid out of income), shall extend to any compen­sation under this Act payable by the Commissioners of Woods in respect of an improvement comprised in Part I. or Part II. of the First Schedule hereto.

 (4)  Any compensation under this Act payable by those Commissioners, in respect of an improvement com­prised in Part III. of the First Schedule hereto, shall be paid as part of the expenses of the management of the land revenues of the Crown.

    (2)  This section shall apply in relation to the exercise of any power, whether before or after the commencement of this Act.

(i) the provisions of this Act shall apply as if the improvements comprised in the Third Schedule to this Act were comprised in Part III. of the First Schedule to this Act:

Provided that—

(a)  in the case of Crown lands, compensa­ tion in respect of an improvement comprised in paragraphs (1), (2), and (5) of the said Third Schedule shall be paid in the same manner and out of the same funds as if it were an improvement comprised in Part I. of the said First Schedule ; and

(b) the right of an incoming tenant to claim compensation in respect of the whole or part of an improvement which he has purchased may be exercised, although his landlord has not consented in writing to the purchase:

(ii)  the provisions of this Act relating to tenant's property in fixtures and buildings shall extend to every fixture or building affixed or erected by the tenant to or upon the holding, or acquired by him since the thirty-first day of December, nine­teen hundred, for the purposes of his trade or business as a market gardener:

(iii)  it shall be lawful for the tenant to remove all fruit trees and fruit bushes planted by him on the holding and not permanently set out; but, if the tenant does not remove such fruit trees and fruit bushes before the termination of his tenancy, they shall remain the property of the landlord, and the tenant shall not be entitled to any compensation in respect thereof :

    (2)  Where under a lease current on the first day of January, eighteen hundred and ninety-eight, a holding was at that date in use or cultivation as a market garden with the knowledge of the landlord, and the tenant thereof has then executed thereon, without having received previously to the execution thereof any written notice of dissent by the landlord, any improvement comprised in the Third Schedule to this Act, the provisions of this section shall apply, in respect of that holding, as if it had been agreed in writing after that date that the holding should be let or treated as a market garden, so however that the improve­ments in respect of which compensation is payable under those provisions as so applied shall include improvements executed before as well as improvements executed after that date :

Provided that, where such a tenancy was a tenancy from year to year, the compensation payable in respect of an improvement comprised in the Third Schedule to this Act shall be such (if any) as could have been claimed if this Act had not been passed.

    (3)  Where the land to which such agreement relates or so u.sed and cultivated consists of part of a holding only, this section shall apply as if that part were a separate holding.

        49.—(1) In this Act, unless the context otherwise requires,—

" Lease " means a letting of or agreement for letting land for a term of years, or for lives, or for lives and years, or from year to year;

" Termination of tenancy" means the termination of a lease by reason of eflluxion of time, or from any other cause;

" Landlord" means any person for the time being entitled to receive the rents and profits or to take possession of anysholding ;

" Tenant" means the holder of land under a lease;

" Landlord " or " tenant " includes the executors, administrators, assignees, legatee, disponee, or next-of-kin, husband, guardian, curator bonis, or trustee in bankruptcy, of a landlord or tenant;

" Absolute owner " means the owner or person capable of disposing by disposition or otherwise of the fee simple or dominium utile of the whole interest of or in land, although the land, or his interest therein, is burdened, charged, or encum­ bered ;

" Holding " means any piece of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment, or employment held under the landlord;

" Market garden " means a holding cultivated, wholly or mainly, for the purpose of the trade or business of market gardening ;

" Board " means the Board of Agriculture for Scotland;

" Manuring" means any of the improvements numbered twenty-five, twenty-six, and twenty-seven in Part III. of the First Schedule hereto;

" Rules of good husbandry " means (due regard being had to the character of the holding) so far as is practicable, having regard to its character and position—

(a) the maintenance of the land (whether arable, meadow, or pasture), clean and in a good state of cultivation and fertility, and in good condition; and

(b) the maintenance and clearing of drains, embankments, and ditches ; and

(c) the maintenance and proper repair of fences, stone walls, gates, and hedges; and

(d) the execution of repairs to buildings, being repairs whteh are necessary for the proper cultivation and working of the land on which they are to be executed ; and

(e) such rules of good husbandry as are generally recognised as applying to holdings of the same character and in the same neighbourhood as the holding in respect of which the expression is to be applied:

Provided that the foregoing definition shall not imply an obligation on the part of any person to maintain or clear drains, embankments, or ditches, if and so far as the execution of the works required is rendered impossible (except at prohibitive or unreasonable expense) by reason of subsidence of any land or the blocking of outfalls which are not under the control of that person, or in its application to land in the occu­pation of a tenant imply an obligation on the part of the tenant—

(i)  to maintain or clear drains, embank­ments, or ditches, or to maintain or properly repair fences, stone walls, gates, or hedges where such work is not required to be done by him under his lease; or

(ii) to execute repairs to buildings which are not required to be executed by him under his lease.

    (2) References to the terms, conditions, or require­ments of a lease of or of an agreement relating to a holding shall be construed as including references to any obligations, conditions, or liabilities implied by the custom of the country in respect of the holding.

    (3)  The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act.

    (4)  Anything which by or under this Act is required or authorised to be done to, by, or in respect of the landlord of a holding may be done to, by, or in respect of any agent of the landlord duly authorised in that behalf.

    (5)  Unless or until a tenant of a holding shall have received notice that the person theretofore entitled to receive the rents and profits of the holding (hereinafter referred to as " the original landlord ") has ceased to be so entitled, and also notice of the name and address of the person who has become entitled to receive such rents and profits, any notice, request, demand or other instru­ment which the tenant shall serve upon or deliver to the original landlord shall be deemed to have been served upon or delivered to the landlord of such holding.

Repeal.

52 & 53 Vict. c. 63.

        50.  The enactments specified in the Fourth Schedule l to this Act are hereby repealed to the extent mentioned in the third column of that schedule :

Provided that—

(a) all orders and acts of sederunt made, and scales of expenses, and instruments issued and notices, consents, certificates, and directions given and having effect under any enactment hereby repealed shall have effect as if they had been made, issued, or given under this Act:

(b) the mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals.

        51. This Act shall come into operation at the expiration of one month after the passing thereof.

        52.—(1) This Act may be cited as the Agricultural Holdings ( Scotland ) Act, 1923.

    (2)  This Act shall extend to Scotland only.