manage and let the said allotment as after provided; and that all things by the act authorised to be done by the allotment wardens may be done by any two of them; and that, in the event of the death or retirement from office of any one or more of them, the surviving or continuing wardens may act as if no such vacancy had happened.

And also (x), that the allotment wardens shall from time to time let the allotment under their management in gardens not exceeding a quarter of an acre each to such poor inhabitants of the parish for one year, or from year to year, at such rents, payable at such times, and on such terms and conditions, not inconsistent with the provisions of the act, as they shall think fit: provided always, that the commissioners (y) may frame such regulations, not inconsistent with the provisions of the act, for the letting of such allotments as therein aforesaid, as they may think advisable, and that such regulations shall be obligatory on the allotment wardens during five years from the date thereof, or during such shorter period as the commissioners shall direct: provided also, that the gardens so to be let shall be let free of all tithe or tithe rentcharge (if any), rates, taxes, and assessments whatsoever; and shall before the first letting thereof, and once at least in every ten years after such first letting, be valued by a competent person to be appointed by the allotment wardens for that purpose, who shall estimate the full rent which the same would be worth to be let by the year for farming purposes, all tithes, or tithe rent-charge, rates, taxes, and assessments, being borne by the landlord, and shall verify such valuation by solemn declaration under the statute; and that the rent at which the same gardens respectively shall be let shall be not below the full yearly value of the land according to the last of such valuations; and that the allotment wardens shall, for the purposes of all rates and taxes, be deemed the occupiers of such allotment, and shall pay all rates and taxes,

(x) Sect. 109.

(3) Styled "The Inclosure Commis

sioners for England and Wales." Sect. 2.

tithes, and tithe rent-charge (if any), in respect thereof: provided always, that no building whatsoever shall, under any such letting, or otherwise, on any pretence, be erected for or used as a dwelling on any such garden, or on any part of any such allotment; and that in case any such building shall be erected or used contrary thereto, the allotment wardens shall forthwith pull down the same, and sell and dispose of the materials thereof; and that the produce of such sale shall be applicable in like manner as the rents of such gardens.

And further (z), that if the rent reserved upon the letting of any garden by the allotment wardens shall at any time be in arrear for forty days, or if at any time during the tenancy, being not less than three calendar months after the commencement thereof, it shall appear to the allotment wardens that the occupier of such garden shall not have duly observed the terms and conditions of his tenancy, or shall have gone to reside more than one mile out of the parish, then they shall serve a notice upon such occupier, or, in case he shall have gone to reside out of the parish, shall affix the same to the door of the church of the parish, determining the tenancy at the expiration of one month after such notice shall have been so served or affixed; and it is declared that thereupon such tenancy shall be determined accordingly: provided always, that in every such case the allotment wardens, or their incoming tenant, shall pay to the occupier whose tenancy shall have been so determined a fair recompense in money for any crops (not being crops prohibited by the terms of such tenancy) which may be growing on such garden at the time of such determination, and for any manure left on such garden, or any benefit accruing from the manuring of such garden to the wardens or their incoming tenant; and that the justices to whom application may be made for a warrant to give possession of such garden shall settle the amount of such recompense, in case the parties differ about the same, and stay the execution of such warrant until the

(z) Sect. 110.

cc 2

same shall have been paid or tendered, or, in case such occupier be absent, until the payment thereof shall have been secured to the satisfaction of such justices.

It is also enacted (a), that in case, upon the determination of any such tenancy as therein aforesaid, the occupier of any such garden shall refuse to quit and deliver up possession thereof, or if any other person shall unlawfully enter upon, take, or hold possession of, any such garden, or of any part of such allotment, the allotment wardens may recover possession according to the mode prescribed by the act of 1 & 2 Vict. c. 74 (b), in such and the same manner as if the same wardens were landlords or a landlord, and as if such overholding occupier or other person were a tenant neglecting or refusing to quit and deliver up possession, within the meaning of that act.

And moreover (c), that all rents payable in respect of the allotment under the management of the allotment wardens shall be payable to such wardens, who shall have the same remedies for recovery thereof by distress and otherwise as if the legal estate of and in such allotment were vested in them under the act [i.e., of 8 & 9 Vict. c. 118]; and that such rents shall be applicable, in the first place, to the payment of all rates, taxes, tithes, tithe rent-charge, and of the rent-charge charged on such allotment under its provisions, and of all expenses incurred by the allotment wardens in the execution of their trusts and powers under it; and that the residue, if any, of such rents shall be paid to the overseers of the poor, in aid of the poor rates of the parish, and be applicable in the same manner as, and subject to all the provisions concerning, the moneys assessed for the relief of the poor.

(a) Sect. 111.

(b) 1 & 2 Vict. c. 74, entitled "An Act to facilitate the recovery of possession of tenements after due deter

mination of the tenancy," noticed in the Seventh Part of this Work.

(c) Sect. 112.

XIX.-Receivers.

A receiver in Chancery may make a lease under the direction of the court, but not otherwise (d); and may distrain in his own name for the rent reserved to him (e). Of course he must obtain the most advantageous terms (f). It is the present practice (g), in every order directing the appointment of a receiver of a landed estate, to insert a direction, that such receiver shall manage, as well as set and let, with the approbation of the Master; and in acting under such an order it is not necessary to present a petition to the court in the first instance; but the Master, without special order, will receive any proposal for the management or letting of the estate for the parties interested, and will make his report thereon, which report, however, must be submitted to the court for confirmation in the same manner as was formerly done with respect to reports on such matters made upon special reference; and until such report be confirmed, it will not give any authority to the receiver. In a case (h) where there was an infant remainder-man, the court refused an application, at the instance of the receiver in the cause, (a creditors' suit,) for a reference to the Master to inquire whether it would be for the benefit of the parties interested in the suit that the receiver should let the premises; the object in fact being to enable the receiver to make leases to bind the infant remainder-man: the Vice-Chancellor said that he recollected no instance in which the court had assumed such a jurisdiction.

(d) Morris v. Elme, 1 Ves. jun. 139. Durnford v. Lane, 24 Jan. 1806, cited, 2 Madd. Ch. Pr. 244. Cooke v. Cooke, 2 Mol. 371.

(e) Dancer v. Hastings, 4 Bing. 2; S. C. 12 Mo. 34. And see further, as to distresses by receivers, Griffith v. Griffith, 2 Ves. 401. Pitt v. Snowden, 3 Atk. 750. 5 Burr. 2698. Hughes r. Hughes, 1 Ves. jun. 161; S. C. 3 Bro. C. C. 87. Bennett v. Robins, 5

Car. & Pa. 379. Shelly v. Pelham, 1 Dick. 120. Mitchel v. Duke of Manchester, 2 Dick. 787. Brandon V. Brandon, 5 Madd. 473. Ward v. Shaw, 9 Bing. 608; S. C. 2 Mo. & Sc. 756.

(f) Wynne v. Lord Newborough, 1 Ves. jun. 164; S. C. 3 Bro. C. C. 88. (g) No. 54 of Orders in Chancery, of 3 April, 1828 (9 Geo. 4).

(h) Gibbins v. Howell, 3 Madd. 469.

When the estates lie in India, it is the usual course to appoint some person in this country to be receiver, and for him to appoint his own agent in India; and, to prevent the necessity of applying from time to time for permission to let, the Master must inquire what should be the term beyond which the receiver should not be permitted to let (i).

If a receiver be appointed, and the owner of the estate be in possession of part of the premises, application should be made to the Master that the owner be ordered to deliver possession to the receiver (k). Without application, the receiver cannot in any case turn out the tenants, nor raise their rents upon slight grounds (1).

xx.-Bailiffs.

A mere bailiff cannot lease his employer's lands otherwise than at will (m); but a power may be conferred on him for the purpose.

XXI.-Agents.

An agreement for a lease made with an agent who acts under a power of attorney, and a lease executed by such agent in pursuance of the agreement will effectually bind the principal (n). But if a party dealing with an agent for a lease, and having full knowledge that the principal intends the ground to be let for building only, take an agreement which does not contain a covenant to build, nor a single stipulation with regard to building, he cannot enforce a specific performance of such agreement against the principal (0).

(i)

-v. Lindsey, 15 Ves. 91. (k) Griffith v. Griffith, 2 Ves. 401. (1) Wynne v. Lord Newborough, 1 Ves. jun. 164; S. C. 3 Bro. C. C. 88.

(m) Shopland v. Rydler, or Roydler, Cro. Jac. 55. 98; S. C., nom. Shopland v. Radler, Ow. 115. Gybson, or Gybbe, v. Searls, Cro. Jac. 84-5. 176-8.

Anon. Mo. 70. pl. 191. Anon. Hutt. 16. Knipe v. Palmer, 2 Wils. 16.

(n) Hamilton v. Clanricarde, 5 Bro. P. C. 547; Toml. ed. vol. 1, p. 341; Jour. vol. 30, p. 193.

(0) Helsham v. Langley, 1 Yo. & Col. V. C. 175.