§ "Where a landlord proves, to the satisfaction of an arbitrator appointed under the Act of 1908, on the termination of the tenancy of a holding, that the value of the holding has been deteriorated during the tenancy by the failure of the tenant to cultivate the holding according to the rules of good husbandry and the terms of the contract of tenancy, the arbitrator may award to the landlord such compensation as in his opinion 184 represents the deterioration of the holding due to such failure."
§ Mr. LANE-FOXI beg to move, to leave out the word "may" ["the arbitrator may"], and to insert instead thereof the word "shall."
§ Mr. ACLANDIt seems to me to be logical. The word "shall" is the word used in the parallel Clause, which applies to compensation for continuous high farming.
§ Amendment agreed to.
Lieut.-Colonel MURRAYI beg to move, at the end of the Clause, to insert the words
Provided that compensation shall not be payable under this Section unless the landlord has, before determination of the tenancy, given notice in writing to the tenant of his intention to claim such compensation.Under Clause 10, Sub-section (1, b), there is provision made that the tenant shall give notice of his intention to claim, and the object of this Amendment is to ensure that a similar obligation shall rest on the landlord.
Sir A. BOSCAWENI have no objection to accepting these words. This also will put this Clause for compensation for continuous bad farming on the same level as the Clause for compensation for good farming.
§ Amendment agreed to.
§ It being Eleven of the Clock, further Consideration of the Bill, as amended, stood adjourned.
§ Bill, as amended (in the Standing Committee), to be further considered to-morrow.