140 Contemporary Agricultural Law. 



Order of the Board of Agriculture and Fisheries by bringing 

 the sheep to this country without a licence. 



In the Scottish case of Williamson v. Steivart (1912, S.C, 

 235) the question arose as to the proper method of valuing 

 sheep stock left on the farm for the landlord or incoming 

 tenant according to the custom common on hill farms in the 

 North of England and Scotland. It appeared that generally 

 the valuations of sheep stock as between an outgoing tenant 

 and the proprietor or incoming tenant in Perthshire and many 

 other parts of Scotland have according to a recognised and 

 well-established custom been invariably conducted on the 

 principle termed " use and wont " of putting an acclimatised 

 or "hefting" value upon the regular sheep stock beyond the 

 value which they would have if removed and sold off the land 

 because they have a higher value to the proprietor or incoming 

 tenant who is to continue to hold them on the farm. The 

 reason for such higher value being placed on the stock was 

 said to be that sheep bred and retained on land are known to 

 settle, live, and thrive better than strange sheep brought on the 

 same ground, while at the same time they are less expensive to 

 herd as they seldom stray from their own ground. The Court 

 held that the valuation should proceed not on market value 

 alone, as contended by the landlord, nor on " use and wont " by 

 adding a percentage to market value to represent acclimatisation 

 value as contended by the tenant. The proper method of valua- 

 tion was held to be tlaat the arbiter should consider the farm as 

 he finds it, and fixing in his own mind a fair rent for the farm 

 as a fiist expense should then go on to consider what the in- 

 coming man can afford to pay for the stock as it exists in view 

 of what prices he will eventually get in the market for wool, 

 lambs and sheep, when the component parts of the stock, as a 

 going stock, will be sold from time to time. This view allowed 

 for a value in which had been included acclimatisation, the 

 crucial question being whether after he has paid a rent the 

 incoming man could at such prices make the farm pay as a 

 going concern. 



In the Scottish case of Cranston v. Mallow (1912, S.C, 

 112) a horse was sold under a warranty that it was a good 

 worker and sound in wind, and the purchasers bargained that 

 they should have a week's trial. It was held that the contract 

 was one of sale under warranty and not one of sale on appro- 

 bation, and accordingly that the purchasers were entitled to 

 reject the horse within the week if it did not conform to the 

 warranty but not otherwise. They had no absolute right of 

 rejection within the week without assigning any ground. 



3. Landloi^d and Tenant. There have been some notice- 

 able cases on the general law of landlord and tenant in 1912. 



