Agricultural Small Tenancies Act (Cap. 58:70

AGRICULTURAL SMALL TENANCIES ACT CHAPTER 58:70 Act 9 of1953 Amended by 44/1954 31 of 1976 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1-21 111991 2 Chap. 58:70 Agricultural Small Tenancies Nole on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. I iiiiiiii' I I I = ■ Agricultural Small Tenancies Chap. 58:70 AGRICULTURAL SMALL TENANCIES ACT ARRANGEMENTOFSECTIONS SECTION 1. Short title. 2. Interpretation. PART! FORM AND CONDITIONS OF CONTRACTS OF TENANCY 3. Form of contract of tenancy. 4. Consideration for contract. 5. Contracts of tenancy to be filed by landlords. 6. Payment of stamp duty. 7. Application to subsisting contract. 8. Copies of contract. 9. Contracts admissible in evidence. 10. Unfiled contracts. 11. Determination of tenancy. 12. Tenancy not to terminate unless six months' notice given. 13. Notice to quit. 14. Assignment of contract. 15. Sub-letting prohibited. 16. Incoming owner's liability on subsisting contracts. 17. Contracts in respect of mortgaged holdings. 18. Rights oflandlord. PART II COMPENSATION FOR IMPROVEMENTS 19. Compensation for improvements. 21. Landlord and tenant may agree upon compensation. 22. Service of notice of arbitration. 23. Power of Chief Technical Officer or nominee to demand t,A -Y-, r • ..::.-; --;; ;;;;;;:;; ;;; ;;..;..-;;;;:; 3 L.R.0.1I1991 4 Chap. 58:70 Agricultural Small Tenancies 25. Time for award and delivery of award. 26. Four weeks after proof of service of award it shall be deemed a judgment debt and recoverable as such. 27. Appeals. 28. Assessments of unexhausted improvements. 29. No claim for compensation after three months. PART III MISCELLANEOUS PROVISIONS 30. Boundaries to be marked by landlord. 31. Special provisions relating to specified trees. 32. Rules. 33. Jurisdiction of Magistrate. 34. Contracting out prohibited. 35. Provisions of this Act to prevail. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. FOURTH SCHEDULE. FIFTH SCHEDULE. Agricultural Small Tenancies Chap. 58:70 5 '-'.1..1.1""1.I. .a. .&.:.II'- .JO~ / I J AGRICULTURAL SMALL TENANCIES ACT AN ACT relating to agricultural small tenancies and for purposes 1961 Ed. connected therewith. Cap 74· 9 of 1953. [20th July 1958] 1. This Act may be cited as the AGRICULTURAL SMALL TENANCIES ACT. 2. (1) In this Act "attested" means attested before and explained to the parties by a Magistrate, justice of the peace, minister of religion, head teacher of a public elementary school, official attestor ap pointed under the Illiterates Protection Act or any person duly authorised in writing in that behalf by the Minister; "contract of tenancy" means any contract, express or implied, creating a tenancy or a licence to cultivate in respect of a small holding; "establishment tenancy" means a tenancy at a nominal rental under which the tenant of a small holding undertakes to establish the land the subject of the tenancy or some specified portion thereof in some prescribed trees or other perennial crop and at the termination of the tenancy to leave it so established; "good husbandry" in relation to any small holding means the applica tion of such measures for the conservation of soil, the mainte nance of fertility, and generally for the preservation of the capital value of the holding as are deemed to be of a fair and reasonable standard due regard being paid to the standards pi'Cvaii.iiig iii ili1;; iidgi1wu1i1.uuu (l.llU JJiUUUlhuiy iu i.ht; siam.i ards maintained by the landlord on land in his immediate under this Act to be essential to good husbandry; "im!)mvement" includes the phmting a,nd <'u1tiv:ition of crops ancl trf'es LL-.. ... ~~---· ;;:.:. iii,i;;;:-;; ............. ,....- Commencement. Short title. Interpretation. Ch. 21:01. T Tl /1 111001 6 Form of contract of tenancy. Chap. 58:70 Agricultural Small Tenancies rents and profits of any holding and includes a mortgagee taking possession subsequent to the commencement of the tenancy and the State; "small holding" means any &rea ofland under cultivation or pasture or intended for cultivation or pasturage, with or without buildings thereon, comprising not less than half an acre or more than ten acres in one or more parcels of the land of a landlord; "tenant" means the occupier of a holding under a contract of tenancy (including an establishment or share tenancy) and shall include tenants at will. (2) The designations of landlord and tenant include the legal personal representatives of either party and shall continue to apply until the conclusion of any proceedings taken under this Act in respect of compensation. PARTI FORM AND CONDITIONS OF CONTRACTS OF TENANCY 3. (1) No person shall let any small holding unless a contract of tenancy has been entered into between the parties thereto. (2) A contract of tenancy shall be in writing and shall be signed by the parties thereto and attested. First Schedule. (3) The form of contract of tenancy prescribed in the First Consideration for Schedule shall be used with such variations as circumstances may require, but no such variations shall be made which shall omit the tenant's covenants contained in paragraph 3 (iii) and (iv) of the said Schedule or shall have the effect of rendering the same inoperative or void. (4) Any person who contravenes this section is liable on sum mary conviction to a fine of two hundred and fifty dollars. 4. The consideration for a contract of tenancy may be or include a part of the crop derived from the small hoiding or a part of the proceeds of sale of such crop rendered to the landlord, or any equivalent of rent e,vf"n in 1dnrl tn thf" 1:mrl1nrrl in rf"tmn for thf" nse anrl occnpatinn of the Agricultural Small Tenancies Chap. 58:70 5. (1) Lun1ediatelv uoo.n. U1e execution of any contiact oftr.n:in~y Cuni.racts ~f under this Act every landlord shall deliver a signed copy of the contract ~::: 1 ~; iu be to the tenant. landlords. (2) Every landlord shall keep a file containing (a) all written contracts of tenancy to which he is a party; (b) a list of the names of all his tenants other than those in respect of whom a contract has been filed under para graph (a). (3) Every landlord shall permit any file kept by him under subsection (2) to be inspected at all reasonable times by any person authorised in writing by the Minister, a Magistrate or the Chief Tech nical Officer. ( 4) Every landlord who contravenes or fails to comply with any of the provisions of this section is liable on summary conviction to a fine of one hundred dollars in the case of a first offence and in the case of a second or subsequent offence to a fine of two hundred and fifty dollars and in any case to a further fine of fifty dollars for each month during which the contravention continues after conviction thereof. 7 6. (1) Notwithstanding anything to the contrary contained in the Payment of stamp Stamp Act there shall be payable in respect of every contract of tenancy ~\s:o1. entered into or put in writing subsequent to the passing of this Act stamp duty of one dollar and twenty cents and adhesive stamps to this value affixed to the contract must be cancelled upon the attestation thereof. (2) The stamp duty and attestation fee shall be borne by the landlord. 7. (1) Subject to this section, this Act shall not apply to any Application to subsisting written contract of tenancy. However, all subsisting written substristitng con ac. contracts of tenancy shall expire at the expiration of twelve months after the coming into operation of this Act or at such earlier time as may be provided for in the contracts and thereafter this Act shall apply. (2) Where any subsisting contract was entered into otherwise of the contract and present the same to the tenant for execution, and upon properexecui.iuu a.mi aLLesuuion of me same, this memorandum shall be deemed to be the contract of tenancy between the landlord and the tenant, and the landlord shal] accordingly st3cmp ;mrl file tlie same and I.Rn 111001 8 Chap. 58:70 Agricultural Small Tenancies and shall specify (a) the names and addresses of the parties to the contract; (b) the date or approximate date upon which the contract was entered into; ( c) the area or approximate area of the small holding to which the contract relates; ( d) the situation of the small holding to which the contract relates; ( e) the period for which the tenancy was entered into; (j) the rent payable upon the contract of tenancy. ( 4) If the tenant refuses to execute the memorandum within one month of his being requested to do so or if the landlord three months after the coming into operation of this Act fails to present a memorandum acceptable to the tenant for execution, a Magistrate may, on the application of either party, summon the party in default to appear before him to show cause why a proper memorandum of the contract of tenancy should not be drawn up and executed and the Magistrate shall, after hearing the evidence on both sides, order a memorandum to be drawn up in such terms as in his opinion represents the contract of tenancy subsisting between the landlord and the tenant, and this memorandum shall constitute the contract of tenancy between the parties, and the landlord shall accordingly stamp and file the same and deliver a copy thereof to the tenant. The Magistrate may, however, dismiss the application and make no such order if the evidence is such that it is impossiblefortheMagistratetodrawupamemorandum which substan tially represents the contract subsisting between the parties, and in every such case the tenancy shall be deemed to be a tenancy from year to year upon the terms and conditions contained in the form of contract set out First Schedule. in the First Schedule; but no application under this subsection shall be Copies of contracL 8. Every landlord shall on being required to do so by any tenant and 1'?.'!ne !'~irl thP. ~1nn nf f'»n rln11:tN anrl forty rPnts: fi1mish to the tenant .. . .. .. . - .............. ···--. ·--···-· ..... .- ......... ..., .......... .:.: ...................... ... Agricultural Small Tenancies Chap. 58:70 ::. ~~~~y;-:; ~hl~~.iii~ W.J.Y- L/iUY-1~1U.ifil Wii~~-..-:,~ ~. ~:..~ ~~~~~~.a~vu "'.:::::~:-:::= - - - - - ~ ·a a and Records Act or any other law of the State, any unregistered contract =~~:~~'.~"' of tenancy or memorandum thereof under the provisions of this Act Ch. 19:04. shall be admissible in evidence in any proceeding whatever in the State. 9 10. Where a person has been let into possession of a small holding Unfiled contracts. and no written contract of tenancy or memorandum of the contract has been delivered or filed in respect of that holding, the tenancy shall be deemed to be a tenancy from year to year upon the terms and conditions contained in the First Schedule; but if the tenant has been in occupation First Schedule. of the tenancy for a period of less than one year the tenancy shall be terminable by three months' notice to quit expiring at any time. 11. (1) A contract of tenancy may, notwithstanding any period of Determination of tenancy stipulated therein, be determined- tenancy. ( a) by the landlord without notice (i) where the tenant is convicted oflarceny of agricul tural produce or livestock or of being in possession of agricultural produce or livestock stolen or unlaw fully obtained or where the tenant is serving a term of imprisonment exceeding one year; (ii) where the tenant sub-lets or assigns the small hold ing without the consent of the landlord previously obtained in writing; (b) by the landlord by three months' notice to quit where the tenancy exceeds one year or by one month where the tenancy is for one year or less (i) where the tenant commits a breach which is not capable of being remedied, of any term or condition of the tenancy and the interests of the landlord are materially prejudiced thereby; (ii) upon certificate by the Chief Technical Officer or his nominee that the tenant is not cultivating the and that the interests of the landlord are materially prejudiced thereby; but no such certificate shall be granted unless and until the tenant has been given, hv notir.P. ;n writinu a rf'll~nnahlP nnnnrtnnhv to --.,/ -------=--- --- -• --,c----~~; -- ~-----~--=-a:---•-~-~--------:--~ j i, ! .j 1 -s. "j... L.R.0.111991 Tenancy not to terminate unless six months' notice given. [31 of 1976]. Notice to quit Second Schedule. Chap. 58:70 Agricultural Small Tenancies E. =---= in arrear or if any of the tenns of the consideration for the contract of tenancy is not perfonned or observed by the tenant; but in the case of rent in arrear, if the tenant pays the rent to the landlord within the period of notice, then and in such case the notice to quit shall be deemed to be cancelled and shall be of no force and effect; ( c) by the tenant without notice where the landlord commits a breach of any tenn or condition of the contract and the interests of the tenant are materially pre ju diced thereby. (2) It shall not be necessary that a notice to quit under this section should expire at the end of the current tenn of the tenancy but it may be given at any time. 12. (1) Subject to this Act, the tenancy of a small holding shall not terminate on the expiration of the tenn for which it was granted unless at least six months' notice in writing to tenninate the tenancy at the expiration of the tenn has been given by either the landlord or the tenant. (2) Subject to section 10, where no tenn of tenancy is specified in a contract of tenancy or where any tenancy is not tenninated in accordance with subsection (1) at the end of the tenn for which it was created, the tenancy shall continue until such time as it is terminated by six months' notice in writing. 13. (1) Every notice to quit served under this Act shall be in writing and signed by the landlord or tenant, as the case may be, or his agent or solicitor. It shall describe clearly the small holding which is sought to be recovered or intended to be quitted and the proper day on which possession is to be delivered up. (2) The fonns of notice to quit prescribed in the Second Sched u1e, with such variations as circumstances may require, shall be used. (3) Service of a notice to quit may be effected either personally at his last or most usual place of abode in the State, or if the person to be served cannot be found and the place of his abode either is not known or admission thereto cannot be obtained, then by posting the same on .. . .. - ----- -- -- - - ---- --- -- - -- - -- - - -- - --........... -·--••.---- ... ···--- -................. ·---··· .. ·-·--·· ·----· Agricultural Small Tenancies Chap. 58:70 ously obtained, may assign his interest in a contract of tenancy at any contraci. time to any person or partnership, and a note of every such assignment shall be endorsed on the contract. (2) Upon the assignment the assignee shall have the same rights and be subject to the same liabilities under the contract as his assignor had and was subject to. 15. (1) A tenant shall not sub-let a small holding without the Sub-letting consent in writing of the landlord previously obtained. prohibited. (2) Whenever a tenant wishes to leave the State, he shall inform the landlord to this effect in writing and appoint an agent in the State whose name and address he shall communicate to the landlord; but no such agent shall be a person who, within the last five years, has been convicted of theft of agricultural produce or livestock or of being in possession of agricultural produce or livestock stolen or unlawfully obtained. 11 16. (1) On the alienation or devolution of ownership of a small Incoming h ldin th . . f th h ldin hall be bo d b owner's liability 0 g e lilCOmmg owner O e O g S Uil Y any on subsisting contract subsisting at the time of the alienation or devolution (irrespec- contracts. tive of his having notice of it or not) and the incoming owner shall have the same rights and remedies as if he had been the original owner. (2) The vendor of any land in respect of which a contract of tenancy exists shall give notice to an intending purchaser of the contract. (3) Any landlord who fails to comply with the provisions of subsection (2) is liable on summary conviction to a fine of two hundred and fifty dollars and to imprisonment for three months. 17. (1) A contract of tenancy subsisting at the time of the creation Contracts in of mortgage upon any small holding shall bind the mortgagee and any ::;;;d ~---1-!-! ... 1 1 1 • ... • .... .• r 1 .1 11 1 1 .• }A-lo3Vll \,la.Lilllllo UllVUoll llllll lllC::!lpt;\,;UVC: Ul WllC:UlC:l UC: lli:1U UUU\,;I;; Ul holdmgs. not of the same. (2) The owner of any land subject to a mortgage shall not enter into a contract of tenancy for a period exceeding three years in respect of the land or any part thereof without obtaining the consent in writing T. Tl n 111001 12 Rights of landlord. Compensation for improve ments. Chap. 58:70 Agricultural Small Tenancies {':t) A.nu n,1-rn"'r nf"i~nti rn.ntr~u,=.n;nn c-nhc,'°'rtinn (-'j\ 1c- 11~h1~ nn ~.-- ,: -- - - - -- -- - - - -- - - -- .;:; - -- - - - - -- - -- - - - -- ------=-= ----=--= summary conviction to a fine of one thousand five hundred dollars. 18. The landlord or his duly authorised agent shall have the right to enter on and inspect a small holding at all reasonable times. PART II COMPENSATION FOR IMPROVEMENTS 19. (1) Subject to this Act, the tenant of a small holding shall be entitled upon the termination of his tenancy to obtain from the landlord such sum as fairly represents the value of improvements made by him on the small holding; but where in a written contract in respect of an establishment tenancy it is expressly provided that no compensation will be payable in respect of specified improvements which are required to be made by the tenant under the contract, then this section shall not apply so as to make compensation payable to the tenant in respect of any such specified improvements unless the terms of the tenancy are not fair and reasonable having regard to the circumstances existing at the time of making the agreement. (2) In ascertaining the amount of the compensation payable to a tenant under this section, any sum due to the landlord in respect of (a) rent; (b) any breach of the terms and conditions of the tenancy; ( c) wilful or negligent damage committed or permitted by the tenant; ( d) any unpaid advances made to the tenant by the landlord; and ( e) the value of any benefit which the landlord has given or allowed the tenant in consideration of the tenant ex ecuting the improvements, shall be taken into account in reduction of the amount of compensation .. . ... . . ,,. .. .. ,. -----· ------- ------ --- ----- ---------- -- --------- --- ----- -------- --- ------------ - ---- -- -- - -- -- - - - - -- --- - - -- . otherwise in respect of the holding shall be added to Lhe compensation; but no reduction will be made in favour of the landlord under paragraphs (b) and (c) where the landlord could have protected himself substan Agricultural Small Tenancies Chap. 58:70 shall be entitled to receive compensation for disturbance, equivalent to one year's rent of the holding where the landlord (a) without good and sufficient cause and for reasons inconsistent with the rules of good husbandry tenninates the tenancy by notice to quit; or (b) having been requested in writing at least three months before the expiration of the tenancy to grant a renewal thereof refused to do so or causes the tenant to quit by demanding an unreasonable increase in rent or varia tion in the terms of the contract; or ( c) by his conduct causes the tenant to quit the holding. ( 4) The right to compensation for disturbance shall be forfeited where the tenancy is duly determined for any of the causes mentioned in section 11 (1) (a) (i) and (ii) and section 11 (1) (b) (i) (ii) and (iii). 13 20. (1) Compensation under this Act shall not be payable in respect Consent of of the improvements listed in the Third Schedule unless the landlord of ::::::!:ents in the small holding has consented in writing to the making of the Third Schedule. improvement. (2) A tenant shall not be entitled to compensation in respect of any improvements begun by him after he has given or received notice to quit. 21. (1) If within seven days of the determination of the tenancy the Land10rd and . tenant may agree landlord and the tenant agree upon the amount of compensation to be upon cornpensa paid in respect of the tenement under section 19, then the landlord shall tion. either pay the tenant the amount agreed upon or sign an unstamped written promise to pay the amount, and the unstamped written promise, notwithstanding anything contained in the Stamp Act or any other law Ch. 68:01 of the State, shall be admissible in evidence in any court of the State, and the amount agreed to be paid therein shall become due two months after the expiration of the tenancy. \kj ii WiUli.H SCVCii uays Ui Ult; L~HrnHaUUii iJi Ui~ lt;Ham;y HU CA;'1m~n~~rlnn i~ p~irl nnr writt~n p-rnm-i~e ;:i gn~ :~ ~~ prnvirl~t1 in ~==h~~r-= tion (1) then (.-zl Lile landlord shall deliver H!) to the temmt a si~erl .. . . . .. .. ... ····- .. -...................... - ........ - .. -....... --...--. ... - ·······••--.. ·-•· T. Tl n 111001 14 Service of notice of arbitration. Fourth Schedule. Chap. 58:70 Agricultural Small Tenancies landlord a signed itemised statement of the compensa tion he deems payable by the landlord; and (b) either party may make application in writing to the Chief Technical Officer to determine the compensation payable by arbitration in the manner hereinafter pro vided and every such application shall be accompanied by a statement setting out in full the particulars of the applicant's claim. 22. (1) On receipt of any such application the Chief Technical Officer shall cause a notice in the form prescribed in the Fourth Schedule to be served on both parties at least seven days before the day appointed therein for the arbitration proceedings. (2) On the day appointed in the notice and on proof of due service of the notice the Chief Technical Officer or his nominee may proceed to determine the value of the improvements to the holding (whether either or both of the parties are present or not). Power of Chief 23. Toe Chief Technical Officer or his nominee, if he considers it Technical Officer • • or nominee 10 desirable to do so, shall have power to call for the production of any demand document which is in the possession of either party or which either party P rod uction of can produce and which to the Chief Technical Officer or his nominee documents. Form of award. Fifth Schedule. Time for award and delivery of award. Four weeks after ,...~~ -~ ----·' --,;. ··· ·· ·· ... - of award it shall be deemed a judgment debt seems necessary for the determination of the difference referred to him. 24. Toe award shall be in the form set out in the Fifth Schedule and shall set out full particulars of the items of improvements in respect of which compensation is payable and any allowance for addition or deduction that may be made under section 19. 25. Toe Chief Technical Officer or his nominee shall within four teen days of the conclusion of the proceedings under section 22 or within such longer period (not exceeding twenty-eight days) as the circum stances may demand, sign his award and deliver the same to the Magistrate of the district in which the holding is situated and the Iviagistrare shall fonhwith cause a copy to oe servea on eacn ot tne narties. 26. If the sum awarded under this Act to be paid for compensation or otherwise is not paid within four weeks of the award having been served upon the parties in accordance with section 25 and no appeal is Agricultural Small Tenancies Chap. 58:70 parties under section 25 an appeal shall lie from any decision of the Chief Technical Officeror his nominee to the Magistrate subjectto rules made under the authority of this Act on the grounds that ( a) the arbitration proceedings have been misconducted; or (b) the award has been improperly procured; or ( c) the award is unreasonable; and the Magistrate determining an appeal under this section shall either order the amount awarded to be paid or, if he finds against the award, order such amount to be paid as he shall determine on the evidence to be payable. 15 28. (1) Until such time as the compensation to be paid to the tenant Assessments of has been finally determined the landlord shall do nothing on the holding :;:!;~::~ts. which might diminish the value of the unexhausted improvements thereon, and the tenant shall have free access to the holding at all reasonable times between the hours of 10.00 a.m. and 2.00 p.m. for the purpose of making assessments of his unexhausted improvements or safeguarding his interest therein. (2) A landlord contravening subsection (1) is, without preju dice to his civil liability, liable on summary conviction to a fine of five hundred dollars. 29. No claim for compensation shall be enforceable after the No claim f?r expiration of three months from the termination of the tenancy unless ::~:: 110 n the particulars thereof have been given by the landlord to the tenant or months. by the tenant to the landlord, as the case may be, before the expiration of that period. PART III --- by the landlord. "L-----~---------1 ·-- 1 ;;;;.;;.,;;;;.;;;,.,;:;;: -- ;;;,.,;;;.:;. ;;; ;;;;.;;;;-:; ;;-;;;;;.;-;;; L.R.O. l!l991 16 Special provisions relating to specified trees. Rules. Jurisdiction of Chap. 58:70 Agricultural Small Tenancies {~) Anv l;.1ncllnnl nr IPTI;.tTII u,rln ,:-11,~ Ul r,unniv un.n ,iiP nrnvi =' - - - - - -- - - - - - :c: sions of this section is, without prejudice to any civil liability, liable on summary conviction to a fine of two hundred and fifty dollars. 31. (1) Every landlord may, at the time when he enters into a contract of tenancy, by the inclusion in such contract of an express term to that effect, reserve to himself the exclusive right ( a) to fell or cut timber from any specified tree or trees growing upon the holding; (b) to plant or cultivate a specific number of specified trees upon the holding; ( c) to reap the produce of any specified tree ortrees growing upon the holding. (2) Where the landlord reserves for himself any of the exclusive rights referred to in subsection (1 ), it shall be lawful, after giving due notice to the tenant, for him or his servants or agents to enter upon the small holding in respect of which the rights are reserved at all reasonable times for the purpose of exercising the rights so reserved. (3) Where any damage is occasioned in the course of the exercise of any of the rights referred to in subsection (1) to any crop growing upon the small holding orto any buildings or fixtures belonging to the tenant situated upon the small holding, the landlord is liable to pay to the tenant by way of compensation for the damage the full value of the loss occasioned to the tenant by the damage. ( 4) Every tenant is liable to pay to the landlord compensation to the full value of any damage occasioned by him or his servants or agents wilfully or negligently or by his stock to any tree specified under subsection (1) growing upon a small holding of which he is a tenant. 32. The Minister may make Rules ( a) revoking or amending the Schedules; ( b) declaring any specified measure or measures to be essential ~-\ "i"i r ----•-- • ... ££ ... ... L --------- r- • Ji ... \C.,"i f,\:.,iic;iu..i.i.J iVi \.,UiiJilif, ilii.U c;11c;'-'L- Uic; iJUipU~3 V.i Uil3 .c-1'-li.. Agricultural Small Tenancies Chap. 58:70 w; i~ .; .. i~ ,r. ;111 ;:'II., ~;LI;, 11111~ ii 7v;i1\J;~, I lilt"".;1111-i ~i ,~-;~ ir. ilt"'.an-; ~ti II-; 1 it-".lt-".I Ill i1 H·".(i ;: ~ on the civil side of the Magistrate's Court; and the Magistrate's Code Ch. 4:20. of Procedure Act shall apply mutatis mutandis to all proceedings brought before a Magistrate by virtue of this Act so far as the same can be made applicable thereto and are not inconsistent with any of the provisions of this Act. 17 34. Subject to section 7 (1), this Act shall apply notwithstanding Con~a~ing out ythin th . d . f d . proh1b1ted. an g to e contrary contame m any contract o tenancy; an m case any of the provisions of a contract of tenancy are inconsistent with any of the provisions of this Act, the contract shall be read and construed as to be consistent with this Act. 35. Where there is any conflict or inconsistency between the pro- Provisions 0 ~ this · · fthi A dth · · f th A th • • f Act to prevail. v1s1ons o s ct an e prov1s1ons o any o er ct e prov1s1ons o this Act shall prevail; but nothing contained in this Act shall be deemed to affect any law for the time being in force in relation to any land settlement scheme undertaken by the Government. FIRST SCHEDULE CONTRACTOFTENANCYUNDERTHEAGRICULTURAL SMALL TENANCIES ACT AN AGREEMENT made the ........ day of ................................ 19 ....... , between ..................................................................................... of . . .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. . .... .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. . . . .. ... (hereinafter called the landlord which expression wherever the context so allows includes his heirs, personal representatives and assigns) of the one part and ........................................................... of .................................................................. .. (hereinafter called the tenant which expression wherever the context so allows includes his heirs, personal representatives and assigns) of the other part whereby the landlord agrees to let and the tenant agrees to take all that parcel of land with/without buildings thereon (hereinafter called the holding) contain ing ... .. .. ... .. .. .......... .. .. ..... .. .. acres/hectares or thereabouts situated at ....................................................... in the State of Dominica and bounded as iUiiUWS, i.iicii. iS i.U ~y Northeriy Southerly Section 3. 111n111001 18 Chap. 58:70 Agricultural Small Tenancies CtT hnw~OPvPr nthPru,l~P thP fiL~mP m~v hP ~hnttPii n:r hn11nriP1i irnnu,n fli~tin guished or described, subject to the following terms and conditions: 1. The tenancy shall be for a term of ....................... years from the date hereof and shall continue thereafter unless and until terminated by six months' notice in writing on either side to expire at the anniversary of the said term. 2.The rent shall be$ ......................... a year payable half yearly in advance and shall be recoverable at any time after the same becomes due and payable by action or distress OR (a) The consideration for this contract shall be . .. .. .. .. .. .. .. .... .. .. .. .. .. .. .... .. .. .. .... .. .. .. .. .. .... .. .. .. .. .. .. .. . share of the crops or of the gross proceeds of the sale of the crop derived from the holding and rendered to the landlord. ( b) The tenant shall render to the landlord his share of the crops as soon as they are in a fit condition for sale or shall pay to the landlord his share of the proceeds immediately each separate transaction has been concluded. 3. The tenant agrees (a) to pay the rent in the manner aforesaid, or to render such share of the crops or proceeds thereof as may have been agreed upon as the consideration of the contract; (b) not to assign or sub-let the holding without the consent in writing of the landlord; ( c) to maintain the standards of good husbandry as defined in the Agricultural Small Tenancies Act; (d) not to make charcoal, not to burn bush or any form of vegetable matter without the consent of the landlord; ( e) not to remove or allow to be removed from the holding any fodder-grass, compost, manure, vegetable waste, wood, rock or stone without the consent of the landlord; (f) not to cut down, damage or destroy any of the following species of trees . . . ,.,. , E,J. V \'¥ J.11!5, Vil UlV llUJ.\.lllll,, lldJllVJ,, • •• •••• •• •••• •••••• •• •• •••••• •• •••• •• •••• •• •• •• •• •• •••••• •• •• •• •••••• • { o l tn k-PP.n nnrlPr t'nntrnl nn thP hnlrlino "n"h <>nim<>l" "" m<>v h,. <>nnrnv"~ !!! w11w1g uy Ult: laIIUlUfU. 4.The iandiord shall have the right of inspection at all reasonable times. S. The landlord agrees to permit the tenant paying the rent hereby reserved, Agricultural Small Tenancies Chap. 58:70 therein, oeaceablv a.id quietly to hold a.id enjoy ilie hoiciing rlnring die rerm hereby created without any interruption by the landlord or any person rightfully claiming under or in trust for him. 6. This contract is subject to the provisions of the Agricultural Small Tenancies Act and all disputes and differences whatsoever arising out of the contract shall be determined in accordance with the provisions in that behalf of the aforesaid Act As witness our hands the day and year first above written. SECOND SCHEDULE NOTICE TO QUIT BY LANDLORD. To ................................................................................................................... . I HEREBY (as agent or solicitor for X. Y. your landlord and on his behalf) give you notice to quit and deliver up possession on the ................ day of ........................................... , 19 .......... , of the small holding situated at ........................................ in the parish of ...................................... in the State nf T' m-in-i~~ ':1.,~!~h , ,~!~ ~~~~ ~f ~~-'h~~ ~~ !~~~!!! !~~!'~f ~~!!~?.!' ~ ~~~~~~~ ~f tenancy dated the .................... day of .......................... 19 ............ , under the A~,i~u1.i.unu 3maii Tt:nancie:s Ac1. This tenancy is being terminated for the following reasons: 19 Section 13. T. Tl n 111001 20 Section 20. Section 22. Chap. 58:70 Agricultural Small Tenancies To ..................................................................................................................... . I HEREBY (as agent or solicitor for X. Y. your tenant and on his behalf) give you notice that it is my/his intention to quit and deliver up possession on the ......... . day of .......................... , 19 ........ , of the small holding situated at ............................................... in the parish of ..................................................... . in the State of Dominica, now held by me/him as your tenant under a contract of tenancy dated the ......... day of ...................... ,19 ......... , under the Agricultural Small Tenancies Act. This tenancy is being terminated for the following reasons: Dated the ................. day of ................................................. , 19 ....... .. TIDRD SCHEDULE IMPROVEMENTS TO WHICH CONSENT OF LANDLORD IS REQUIRED (i) The maintenance, repair, alteration or construction of buildings. (ii) Irrigation work. (iii) Land drainage systems and soil conservation works other than the minimum essential requirements of good husbandry. (iv) The control of gullies and water courses. (v) The planting offences, hedges, or windbreaks. (vi) The construction of roads or bridges. FOURTH SCHEDULE NOTICE TO APPEAR AT ARBITRATION PROCEEDINGS In the matter of the Agricultural Small Tenancie.c; Act and in tile matter oi an arbitration Between ................................. of ........................................................................ Tenant Agricultural Small Tenancies Chap. 58:70 , .. , .. --.--... "'"' · ... ---~-- .,... ............ --···· ,...,.. ,.., ,... ................... •,., r, ...... ................................................... y·--·· . ..---- ......... ~-··· ,.----- 1..,---- ■ ............ ,.. situate at ............................... in the parish of ................................ in the State of Dominica AND WHEREAS application has been made to me to arbitrate and award compensation. NOW THEREFORE this is to serve you with notice to appear on the said holding on the ............. day of ................................ at ............ o'clock when the arbitration proceedings will be held. Dated this ............. day of ........................... , 19 ...... . To .................................... of ............................. . ChiefTechnical Officer. FIFTH SCHEDULE FORM OF A WARD CROPS 30 cocoa trees at$ ..................................... each ............................................. . 1 acre/hectare yams and com .5 acre/hectare cane at $ ........................... an acre/hectare ............................ . Other improvements (Manure, windbreaks, etc.) ADDITIONS DEDUCTIONS Amount due to tenant landlord Arbitration costs and fees oavable bv l:m<llor<I - - tenant Dated ...................................... . $ ..................................... . $ ..................................... . ~ Signed ............................................... . 21 SPrtinn ?? Section 24 L.R.0.1I1991