(1.) Where the Court fix a fair rent fair holding, the Court shall ascertain and record in the form of a Schedule, unless both landlord and tenant shall otherwise request—
(a) The several classes of land found upon the holding, marking each class on a map, and showing in respect of each class the estimated area thereon and the sum which should be the fair rent thereof (per acre or per class) on the assumption that all improvements thereon were made or acquired by the landlord;
(b) the annual sum which should be the fair rent of the holding on the assumption that all improvements thereon were made or acquired by the landlord;
(c) the condition as to cultivation, deterioration, or otherwise of the holding and the buildings thereon;
(d) the improvements made wholly or partly by the tenant or at bis cost, and with respect to each such improvement—
(c) the extent (if any) to which the landlord has paid or compensated the tenant in respect of each such improvement;
(f) the improvements made wholly or partly by or at the cost of, or acquired by, the landlord;
(g) such other matters in relation to the holding as may have been taken into account in fixing the fair rent thereof, or as may be prescribed from time to time, including all such particulars as are set forth in the form in the Second schedule to this Act (so far as such particulars are not inconsistent with the other provisions of this section), such form being similar to the form (commonly known as the "Pink schedule") which the assistant Commissioners have for some time previous to the passing of this Act been required by the Land Commission to fill up when fixing the fair rent of a holding; and
(h) the fair rent of the holding;
and a certified copy of the record shall be sent by post to each party, and the record shall be admissible in evidence on its mere production from the proper custody.
§ (2.) No rent shall be allowed or made payable in respect of an improvement made by the tenant on a holding by reason only of the work constituting such improvement not being suitable to the holding.
§ (3.) For the purpose of the Land Law Acts, as amended by this Act, a tenant shall be deemed to have been fully paid or compensated for every improvement made by him in pursuance of a contract entered into for valuable consideration.
§ (4) For the purpose of the Land Law Acts, as amended by this Act, a tenant shall not be deemed to have been paid or compensated for any improvement not made in pursuance of a contract entered into for valuable consideration, except to the extent to which the Count, having regard to all the circumstances of the case, are of opinion that valuable consideration has been given by the landlord in respect of the improvement.
§ (5.) A contract by a tenant not to claim, on quitting his holding, compensation for any improvement made by him shall not authorise the allowance of any rent in respect of any improvement except to the extent to which the court, having regard to all the circumstances of the case, are of opinion that valuable consideration has been given by the landlord in respect of the entering into that contract.
§ (6.) Section 4 of the Landlord and Tenant (Ireland) Act, 1870, shall not authorise the allowance of any rent in respect of an improvement made by the tenant, if made 20 years before the passing of the said Act, and not being a permanent building or reclamation of waste land.
§ (7.) For the purpose of this section valuable consideration shall not be held to have been given by reason of the mere letting of the land on lease or otherwise, or the mere enjoyment by the tenant of any improvement where the rent of the holding was not fixed, reduced, abated, or, after the improvement was made, allowed to remain unaltered with the object of recouping the tenant for his expenditure of capital and labour in making the improvement; and, in the case of an improvement made in pursuance of a contract entered into for valuable consideration, such object shall be implied where not expressed.
§ (8.) No deduction shall be made from the fair rent named in this section by reason of the mere right of occupation vested in the tenant.
§ (9.) Sub-sections (2) and (4) of Section 5 of the Landlord and Tenant (Ireland) Act, 1870, and Sub-section (1) of the same section in the case of sales after the passing of the Landlord and Tenant (Ireland) Act, 1870, shall not have effect in the case of applications to fix a fair rent.
*THE SECRETARY OF STATE FOR AVAR (The MARQUESS of LANSDOWNE)
moved to leave out Sub section (1) and to insert instead thereof—