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Valuation. Upon expiration of tenancy, valuation of unexhausted improvements takes place.

Although the custom of the district makes landlord technically responsible for compensation due to outgoing tenant, practically the arrangement is with incoming tenant, who really pays compensation due, and between whom and outgoing tenant the valuation is made. Each party names a valuer to act in his behalf, and the two valuers select an umpire, whose decision is final in case of any disagreement between them. Amount of compensation ordinarily payable upon a well-cultivated farm of mixed arable and pasture is from one to two years' rental : in exceptional cases it may amount to as much as three years' rental. The incoming tenant has to pay outgoing tenant a per acreage compensation according to condition of land after crop of turnips which (with the exception of a quantity not exceeding one-third which may be taken off the field for consumption in yards) has been consumed on land by the folding of sheep. The exact price to be paid is arrived at by estimating weight of crop, cleanliness of land and quantity of corn and cake consumed, by means of which the manurial value left in ground is increased, and the price varies with the system of folding, being higher for close folding as compared with long range folding.

If turnips or swedes are sold off the land, the price per acre allowed to outgoing tenant varies according to condition of land, having regard to the amount of tillages and manurings.

Cultivation. For summer fallow incoming tenant pays twelvemonths' rent, tithes and taxes in addition to labour of ploughing, not exceeding three, or at the most four, times; dragging, not exceeding three times; rolling twice, and harrowing and chain harrowing. If fallow be sown in wheat, cost of seed and sowing is paid for in addition. As to fallow after seeds, i.e., a “bastard” fallow, time of ploughing is taken into consideration. If ploughed before August incoming tenant pays six months' rent, tithes and taxes, and also for ploughing, dragging, rolling, harrowing, etc., as in case of summer fallow. When kiln lime is used on arable land full value is paid by incoming tenant first year and two-thirds value second year, and one-third value the third year, i.e., after two

crops. When three crops of corn have been grown after application of kiln lime, claim for compensation ceases. When kiln lime is applied to grass land a decreasing proportion of value is allowed up to end of the fifth year. Gas lime on the five years' principle on both arable and pasture.

Value of farmyard and artificial manures applied to land extend over three years. Full value allowed for the first year at per cartload, according to quality and distance of hauling; two-thirds of value allowed for second year, one-third for third year. On arable land these manures are allowed on the two years' principle. The manure in yards belongs to outgoing tenant, and is allowed for. Rents, tithes and taxes paid by incoming tenant, for stubbles from time ploughed in autumn to February 2nd, also for land on which young seeds are grown that have not been fed off after corn is cut, three months' rent, tithes and taxes are paid by incoming tenant.

If outgoing tenant should lay or trim hedges, he will be allowed compensation for trimming since the last summer; but for laying and banking, full value for first year, two-thirds value second year, one-third value third year.

Drainage is allowed for on the fourteen years' principle. In the hill districts dry stone walling is allowed for on the fourteen years' principle.

PEMBROKESHIRE.-Entry is Michaelmas.

Allowances. Outgoing tenant, unless prohibited by agreement, has an auction of his growing crops before leaving, and sells them all off, unless landlord agrees to buy them at valuation. Growing clover and seeds sown previous spring usually allowed for, and value of seed and labour paid outgoing tenant. Incoming tenant usually takes root crop for consumption at valuation.

Allowance for a good fallow at Michaelmas is usually made.

Remaining manure usually bought by incoming tenant at valuation, as also is remaining hay, straw and aftermath.

Tenant is able to sell off hay and straw, but in some agreements is made to bring back manure for straw sold.

Time of entry.-Outgoing tenant gives up whole of farm on September 29th, and incoming tenant has no

right to enter any part for any purpose before that

date.

Cultivation.It is bad farming to mow land more than once a year, to take more than two white straw crops in succession without an intermediate fallow or green crop, or to break up permanent pasture land. The four course system is almost universal, and on many estates, when grass seeds are sown with the barley crop, seed hay is cut the following year, and perhaps the next; but this land comes under corn again the fourth or fifth year, although laid down with grass seeds at first.

Repairs. Tenant is liable to keep buildings put into repair in tenantable repair during his tenancy.

RADNORSHIRE. Entries as a rule on February 2nd and March 25th; some at Michaelmas.

Time of entry.-On February 2nd and March 25th farms, the outgoer gives up all the land, except a boosey field retained until May 1st for his cattle, and the arable land on which his way-going crop is growing. He can retain most of the house and buildings until May 1st. The incomer having a right of accommodation for his teams and men and their fodder, from the time they enter on the working of the arable land, at February 2nd or March 25th, or, as is sometimes arranged, he can enter to plough stubbles in November. In September 29th tenancies the outgoer gives up all the land, except the boosey pasture and offgoing crop land on November 30th. He has to sow his off-going crop by September 29th, and retains part of house and buildings until May 1st following, as in February takings. The incomer has a right to some accommodation for men, teams and fodder from November 30th, and barn and granary room as in February 2nd tenancies.

Allowances. Generally the outgoer gets the whole waygoing wheat crop, or the rights of the parties are arranged by valuation; provided the way-going wheat crop is not valued to the incomer, then the outgoer has a claim to part of the barn and granary to thrash and market his

corn.

Sheep farms. In the north-western part of the county, on the hills and uplands, about Rhayader, sheep farming is general. The stock of sheep goes with the farms. The

tenancies commence mostly on March 25th, and all the sheep, except the young lambs, are counted, and priced at a fixed price per head (irrespective of current value) and interest paid to the landlord on the value: who gets nothing but this and the rent. In some cases the sheep are valued on entry and leaving, and paid for. When the sheep exceed the number taken over, in the arrangement to pay interest, the tenant is entitled to the excess, but if the sheep are less in number, then he has to make up the deficiency.

In some cases part of the sheep stock belongs to the landlord, and part to tenant. All these sheep are Welsh or Cardies, or some cross from them.

C.-Mode of obtaining Compensation by Custom.

(1) Claims in respect of improvements comprised in the Agricultural Holdings (England) Acts, 1883 to 1900. Where the tenant claims compensation under custom in respect of an improvement comprised in the Agricultural Holdings (England) Acts, 1883 to 1900 (a), the difference must, should he fail to agree with his landlord as to the amount, time, and mode of compensation, be settled by arbitration in accordance with any agreement between them or by arbitration in accordance with the provisions set out in the Acts above mentioned (b), and it is apprehended that the same award may include compensation by custom in respect of matters not comprised in the statutes as well as in respect of matters that are comprised, but for which customary compensation is claimed.

(2) Claim for compensation for improvements not comprised in Acts. Where the compensation payable by custom is for an unexhausted improvement not comprised in the Acts, there is no general settled rule by which the compensation is ascertained and enforced. As a rule, two valuers appointed, one either by the landlord

(a) As to these improvements, see supra, pp. 4, 66, 78. (b) As to statutory arbitration, see supra, p. 80.

or the incoming tenant, and the other by the outgoing tenant, value the matters in respect of which the outgoing tenant is entitled to be paid compensation. The proceedings are usually of a very informal character. The valuers accept as evidence of expenditure the outgoing tenant's books and his bills for manure, and in many cases his own statements as to what he has expended; and they usually value at a consuming price the farm produce the incoming tenant has to pay for. The valuations, however, are almost always confined to tillages, acts of husbandry, manure, feeding stuffs, and agricultural improvements, for the reason that permanent improvements, if done at all, are done under special agreement, in the absence of which the tenant, as a rule, is not entitled to compensation. therefor. The valuers also, as a general rule, take into consideration the sum payable by the outgoing tenant for non-repair of fences and gates, and allow such sum as they think requisite to put them into good tenantable repair. There is generally no regular arbitration or formal appointment of arbitrators, and consequently no formal award : accordingly it is apprehended that any proceedings thereon would be by action in the High Court if the amount be more than fifty pounds, and in the county court within the district of which wherein the defendant dwells or carries on his business at the time action is commenced, or by leave in the court within the district of which the defendant dwelt or carried on business at any time within the six calendar months preceding the commencement of action, or in the court in the district of which the cause of action wholly or in part arose, in the event of the amount not exceeding fifty pounds. Where, however, the award is a formal one, it may be enforced under the Arbitration. Act, 1889 (a), at any rate where the amount exceeds the limit of the county court jurisdiction. If legal proceedings are taken outside the award, which is seldom the case, it is generally to recover the value of the crops sold or for breach of the covenants contained in the lease, or for bad husbandry and cultivating contrary to the custom of the country. The questions in dispute are usually questions not between the landlord and outgoing tenant, but between the outgoing and incoming tenants.

(a) 52 & 53 Vict. c. 49.

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