Assessors, their appoint

ty.

tion, as herein before directed, and before finally giving up possession of his farm or holding, a tenant shall be alleged to have done any damage to his farm or holding, or the buildings thereon, the Court shall inquire into the same, and allow to the lendlord, out of the money so deposited, such compensation as it may deem just. In no case shall a tenant, except by special leave of the Court, be entitled to receive the money so deposited until he shall have given up possession of his farm or holding, and in no case shall the Prothonotary charge any poundage on any money so deposited in his hands.

XVI. The Court shall have full power in its discretion to appoint two or more assessors to ment and du- examine the farm and holding of any tenant, and any improvements thereon for which compensation is claimed, and such assessors, when so appointed, shall examine such farm and holding, and shall make their report to the Court within such time and in such mode and manner as the Court shall direct.

Ejectment,

where and how restrain

cation of tenant.

XVII. When any tenantcy shall determine or have been determined as aforesaid, and proed on appli- ceedings shall have been commenced to eject the tenant from the land and premises so in his occupation, such tenant may apply to the Court or to a Judge thereof for an order restraining the landlord from further proceedings to eject such tenant, and if such tenant shall satisfy the Court, or a Judge thereof, that he is entitled to compensation under the provisions of this Act, the said Court or a Judge thereof shall, and he is hereby required, (upon the said tenant undertaking immediately to institute proceedings under this Act, to ascertain the

amount of compensation to which he is entitled) to issue an order under the seal of the said Court, restraining the landlord from further prosecuting his suit to eject the said tenant from the lands and premises so in his possession, to which such landlord might otherwise be entitled, until the amount of compensation, if any, determined by the said Court shall have been paid to such tenant, or lodged in the hands of the Prothonotary for or to the credit of such tenant.

XVIII. Where the parties to any such dis- Arbitration, pute as aforesaid, respecting any farm or hold- how available ing, or the improvements thereon, are desirous that such dispute should be settled by arbitra. tion, they shall, in the manner and time prescribed in the Schedule to this Act, refer the same to an arbitrator or arbitrators, with an umpire to be appointed, in manner appearing in the Schedule annexed hereto, and the tribunal so selected shall be deemed in respect of such dispute the Court of Arbitration under this Act.

XIX. The Court of Arbitration shall in all Powers of Arbitration cases brought before it, under this Act, have Court. all and the like powers, jurisdiction and authority as the Supreme Court, under this Act, with this exception, that the Court of Arbitration shall have no power to appoint Assessors, or to punish persons for contempt or to enforce its awards, but it may report to the Supreme Court the name of any person refusing to give evidence, or to produce documents or guilty of contempt of the Court when sitting judicially, and the Supreme Court may, upon such report, punish the offender in the same manner as if the offence had been committed in, or in res

be recorded

in-Supreme

Court.

pect of a matter under the cognizance of the Supreme Court. The award of the Court of Award may .Arbitration may, at the instance of either party, be recorded in the Supreme Court in the manner and time prescribed in the said schedule to this Act, and when so recorded shall be of the same effect, and shall be enforceable as if the same were an order of the said Court. No such award shall, so far as relates to the dispute under this Act, be held to be invalid by reason of the violation of or non-compliance with any technical rule of law respecting awards, where such award substantially decides the dispute referred to the Court of Arbitration.

No appeal.

Certain ten

sation; also, Towns and Royalties.

XX. No appeal shall lie from an award of the Court of Arbitration, nor shall any such award be removable by certiorari.

XXI. No compensation shall be awarded to ants excluded any tenant under this Act whose occupation from compen- was for one or two years only, or for any special or temporary purpose, or if the said lands and premises were let for the express purpose of building on or were let by the foot or other lineal measurement denoting that such letting was actually bona fide for the purpose of building, nor shall any tenant be entitled to compensation to any lands situate in any Town, Common and Royalty of this Island, or to any Water

Construetion of certain words, viz:

"Landlord. "

Lots.

XXII. In the construction of this Act, the following words and expressions shall have the force and meaning hereby assigned to them, unless there be something in the subject or context repugnant thereto.

XXIII. The term "Landlord," in relation to a farm or holding, shall include a superior

mesne or immediate landlord, or any person for the time being entitled to receive the rents and profits, or to take possession of any farm or holding.

XXIV. The term "Tenant," in relation to "Tenant." a farm or holding, shall include any tenant from year to year, and any tenant for a life or lives, or for a term of years, under a lease or contract for a lease, whether the interest of such tenant has been acquired by original contract, lawful assignment, devise, bequest, or act, or operation of law, and where the tenantcy of any person entitled to compensation under this Act is determined or expiring, he shall, notwithstanding such determination or expiration, be deemed to be a tenant until the compensation, if any due to him under this Act, has been paid or deposited, as hereinbefore provided.

XXV. The term "improvements," shall "Improvemean in relation to a farm or holding.

(1) Any work, which being executed, adds to the letting or selling value of the farm or holding on which it is executed, and is suitable to such farm or holding,

(2) Tillages, manures, or other like farming works, the benefit of which is unexhausted at the time of the tenant quitting his farm or holding.

ments."

XXVI. The term "the Court," shall mean "The Court." the Supreme Court of this Island.

XXVII. If any landlord shall reside without Absent Landthis Island, and beyond the jurisdiction of the lords. Supreme Court, any notice or other proceeding

G

Judges may make rules, &c.

taken before

Royal assent.

required to be served upon him shall be served upon his Agent, residing within this Island, and such service shall be held and deemed a good service upon the landlord.

XXVIII. The Judges of the Supreme Court are hereby empowered to make such rules and regulations for the better and more efficient working of this Act, with reference to such matters and things, as shall be brought before them, as they may deem necessary or advisable.

XXIX. If any proceedings shall be comProceedings menced, by any landlord against any tenant, to eject him from any lands and premises after this Act shall have received the assent of the Lieutenant Governor, but before the assent of Her Majesty shall have been notified in manner required by the last section of this Act, and such tenant would, if such proceedings had been commenced after such assent and notification thereof, as last aforesaid, be entitled to compensation under the provisions of this Act, then such tenant shall be entitled to such compensation, and shall, in all respects, be deemed and taken to be within the provisions of this Act, in as full and ample, and beneficial a manner as if such proceedings had been commenced after Her Majesty's assent had been published, as aforesaid.

Suspending clause.

XXX. This Act shall be cited as
Tenants' Compensation Act, 1872."

"the

XXXI. This Act shall not go into operation until Her Majesty's pleasure is known, and a notification thereof published in the Royal Gazette of this Island.