shire lease.

four years' growth and all ploughing artificial manures and all Oxfordother preparations done for their or his benefit in the last year of the term together with the hay straw fodder chaff and haulm arising from the last year's crop at spending price And to provide all materials (except straw glass and lead work for the windows of dwelling-houses) necessary for the repairs of the buildings gates and premises.

The following is a clause as to compensation from a Yorkshire lease of 1869:

The tenant at the time of quitting shall also be entitled Yorkshire to the following valuation (to be settled by arbitration) lease, 1869. but shall not be entitled to any other valuation or compensation that is to say for the clover or grass seeds sown in the preceding spring provided such seeds shall have been of the best quality and shall not have been injuriously depastured also for the manure arising from the crops reaped in the last year of the tenancy and so left on the premises as aforesaid Also for the turnip or summer fallow being properly fallowed in due course of management as herein provided namely for the dressings rent and assessments and for the carriage (only) of manure from crops produced on the premises, and for the value of purchased town manure and of dry bones guano and rape-dust used on such fallows deducting for turnips drawn off the land but no deduction being made where all the turnips are properly eaten on the land by sheep and after potatoes dressings rent and taxes only to be allowed Also for one-fourth of the cost of linseed-cake consumed on the premises during the last twelve months of the tenancy but the allowances for purchased manures and linseed cake shall not in any case exceed the average cost of the three previous years.

It will be thus seen that in many cases, even before the 1875 Act was passed, liberal landlords secured to the tenants reasonable compensation for their outlay and improvements.

ments

1876 and

The second class of agreements, those made Agreesince the Agricultural Holdings Act, 1875, be- between came law (14 February, 1876), and the 1st Janu- 1884. ary, 1884, show the effect produced by that statute. It was two-fold, either to incorporate in the lease special provisions for compensation, or to adopt in the lease some portions of the Act, and to exclude all the others. There was, it is true, a

Agree

ments between 1876 and 1884.

Lincolnshire, 1877.

ALLOW

ANCES ON
QUITTING.

Permanent buildings.

Bones and artificial

manures.

Oilcake.

Underdraining.

Marling and claying. Lime. Fallows.

Grass

seeds.

Herbage on arable land.

Waygoing crop.

third class, one which brought the Act into discredit, namely, simply to exclude its operation entirely, or, as it was usually called, contract out of it.

The first of these classes will be seen best by comparing the following agreement as to a farm in Lincolnshire, made after the Act, with the one given above, made before it:

And it is hereby agreed by the landlord for himself his heirs and assigns with the said tenant his executors administrators and assigns that on the determination of the tenancy he or his incoming tenant shall pay and allow such sums of money as shall be awarded by valuation according to the rules and principles following that is to say

For the cost of all buildings of brick or stone and other substantial and permanent works erected or made upon any part of the premises with the written consent and approval of the landlord deducting one-twentieth part for every year's use

For the cost of all bones or other artificial manures used within the last year on lands sown with green crops calculated on the average of the last three years.

For half the cost of linseed rape and cotton cake consumed upon the farm during the last year provided the quantity does not exceed the average of the last three years of the tenancy.

For the cost of all underdraining done upon a principle approved in writing by the landlord or his agent subject to a deduction of one-tenth part of such cost for each year's use when the tenant has provided tiles and labour and to a deduction of one-fifth part for each year's use when the landlord shall have found tiles and the tenant labour.

For the cost of all marling or claying done upon a principle approved in writing by the landlord or his agent subject to a deduction of one-seventh part of such cost for every year's use. For the cost of all lime deducting one-fourth part for every year's use.

For the labour on dead fallows on land which is not adapted for the growth of root crops ploughed or cultivated four times no further allowance being made unless the claim be verified by the inventory.

For the cost and labour of all grass and clover seeds sown with the corn the year previous to quitting provided the same have not been stocked after the eleventh of October.

For the value of all herbage upon the arable land entered upon by the landlord or his incoming tenant previous to the termination of the tenancy.

For the value of any way-going crop of corn which the tenant may have paid for the allowance to be on the same principle as upon entry.

It is hereby expressly declared and agreed by and between Lincolnthe said landlord and tenant

That no claim shall be made by the tenant on quitting for any improvements building draining marling or claying unless he shall have received the landlord's sanction or that of his agent to such works in writing.

shire, 1877. Landlord's sanction to improve

ments.

Particulars of improvesubmitted.

ments to be

That all particulars of the cost of improvements for which it is hereinbefore stated allowances shall be made shall be submitted for approval by the landlord or his agent at the next rent audit following the completion of the works. That the amount of the above allowances shall be settled by two arbitrators (one to be chosen by the landlord and the other Selection by the tenant) or in case of their not agreeing by an umpire of arbitramutually appointed by them before they proceed to act either tors. party within ten days after receiving notice from the other to appoint an arbitrator having neglected or refused to do so the sole arbitrator may proceed in the valuation alone and the decision of such sole arbitrator or arbitrators or umpire (as the case may be) shall be final.

tions.

That any claim against the tenant for want of repair injury to Dilapidathe farm by bad husbandry or for nonfulfilment or breach of the terms of this agreement shall be a matter of assessment by the arbitrators their umpire or sole arbitrator as above and the amount allowed shall be deducted from the amount of the valuation awarded to be paid by the landlord to the tenant.

shire,

The next class may be illustrated by a thirteen Camyears' lease of a Cambridgeshire farm, dated 29th bridgeSeptember, 1877: the following clauses relate to 1877. compensation. It will be seen that this lease partly adopts the Act, but substitutes the ordinary arbitration clause for the procedure under the Act. It also incorporates the section as to giving up possession of part of the premises.

Provided also that on the determination of the term hereby granted the said lessors or the incoming tenant shall pay and allow unto the said lessee such sum of money as shall be found due to him by a valuation to be made by arbitration or by arbitration and umpireage as hereinafter mentioned for such articles and things as he is entitled to on quitting the said farm lands and premises according to the custom of the country and as regards the claying of any part of the said farm and the consumption of oil-cake thereon according to the provisions of the Agricultural Holdings (England) Act 1875 sect. 5. And that any sums which shall be found due to the said lessors B. M

Sect. 5 of the Act of 1875 incorporated,

Cambridge

ments.

Arbitration.

in respect of any covenant or agreement herein contained on the part of the said lessee or in respect of any valuation shire, 1877. which shall be found due to the said lessors shall be deducted Permanent from the amount of such valuation And it is hereby declared improveand agreed that if at any time during the said term the said lessors shall after agreement with the said lessee expend any money in draining building or otherwise improving the said premises the lessee shall pay interest after the rate of five pounds per centum per annum on the outlay and such interest shall be recoverable by distress or otherwise as in case of rent reserved on a common demise and in arrear Provided also that any dispute or question touching or concerning any matter or thing herein contained shall be referred to the arbitration and award of two disinterested persons one to be nominated by the said lessors or their agent and the other by the said lessee and in case either party shall for fourteen days after being thereunto required in writing fail so to nominate or shall nominate any arbitrator who shall decline or refuse for the like space to proceed in such reference then both of the arbitrators to be named by the other party in dispute and in case of such arbitrators differing every such dispute or question shall be determined by the award of some third indifferent person to be named as umpire by such two arbitrators so as such award if made by the said arbitrators be made in writing within the space of one calendar month next after the reference to them and if made by an umpire be made within one month after the reference to him and that any amount payable to the said lessors under any such award shall be recoverable by distress or otherwise as rent in arrear and that the submission to arbitration may on the application of either of the parties be made a rule of her Majesty's High Court of Justice Provided always and it is hereby agreed and declared that if at any time hereafter during the said term of years the said lessors shall be desirous of taking any part of the hereditaments and premises hereby demised for building or other purposes except for agricultural purposes it shall be lawful for them the said lessors at any time and from time to time upon the expiration of one calendar month from the date of giving to the said lessee or leaving upon some part of the premises a notice in writing under their hands or the hand of the agent of the said lessors so to do to take possession of so much of the premises hereby demised as shall be required for such building or other purposes and the said lessee shall be compensated for all growing crops and unexhausted manure upon the portions of land so taken and also shall be allowed a proportionate abatement of rent in respect of the same portions of land such allowance abatement or compensation to be fixed and determined by arbitration in the usual way Provided nevertheless that no part or provision of the Agricultural Holdings (England) Act 1875 shall apply to the contract of tenancy hereby created except as to the compensation for claying and use of oil cake as herein before mentioned.

Power to

resume

part of premises.

A lease of a farm in Staffordshire, granted in Stafford1876, contains the following rather elaborate proshire, 1876. visions, excluding the 1875 Act and providing for compensation. This is another example of the adoption of parts of the Act by agreement:

chased

manures.

If the said tenant has not sold hay straw or roots and has Allowance purchased manure within the last two years of the tenancy or for purif he has purchased manures in excess of the quantity required to replace the hay and other produce so sold he shall be paid one-half the cost of all such purchased manures in excess of the quantity so required which shall have been applied to green crops or grass land in the last year of the tenancy and onefourth of the cost of that in the last year but one all unprepared bones and lime used upon the arable land during the last four years of the tenancy shall be paid for deducting one-fourth for every year's use and also the cost of such application on the grass land during the last seven years deducting one-seventh for every year's use and for every other fertilizer of a permanent nature such allowance as the arbitrators may determine and also one-fourth of the cost of all oil-cake malt dust or linseed consumed on the farm during the last year provided the sum so expended does not exceed the average during the last four years of the tenancy making in each case a deduction for such portion of the purchased manure or food as the tenant is to be paid for in the value of his off-going wheat crop.

And it is hereby agreed that not later than one month before Arbitrathe termination of the tenancy under this agreement by notice tion. or otherwise the said tenant and the said landlords or their incoming tenant shall each appoint an arbitrator these arbitrators shall meet not later than three weeks before the expiration of the tenancy and appoint an umpire and thereafter proceed to consider the claims made by either party in case either party refuse or neglect within the period limited to appoint an arbitrator the other party may name a second arbitrator and such two arbitrators may nominate an umpire who shall have the same powers as if he had been appointed by two arbitrators named by the two parties and any award made in pursuance of this agreement shall be final and binding upon both parties and may be made a rule of any superior court of law the terms "clean and in good condition" and the construction of all covenants and stipulations herein used shall be understood in a reasonable and practical sense and the claims contingent thereupon treated accordingly.

The arbitrators shall consider whether the covenants with Questions regard to manures and food purchased in return for produce for arbisold have been fulfilled and how far the state of the farm differs trators. if at all from that herein stipulated and they shall decide whether the said tenant or the said landlords or their incoming tenant is entitled to any and what compensation on account of