TENANT-RIGHT AND THE THREE F'S. 191 



right were called before the Duke of Kichmond's 

 Commission on agricultural distress. This question 

 was put to each of them : " A man hires land for the 

 purpose of farming it. He lays out a considerable 

 sum in improvements, which repay him, both prin- 

 cipal and interest. Where, or on what principle of 

 right, does he get a just claim to be paid a large sum 

 besides if he leave the farm?" Of course no one 

 could answer the question, and the chief witness, who 

 was sent over to expound Judge Longfield's plan, 

 lost his temper wholly over it. 



The claim of tenants who have not, with the 

 assent of the landlord, paid their predecessors for 

 Tenant-right,, to receive a large sum on leaving the 

 farm, is, as lawyers would say, wholly without con- 

 sideration. The tenant has paid or done nothing to 

 give him a just right to be thus paid. At best, it is 

 a case of nudum pactum, and therefore, void for want 

 of consideration, even though there had been an express 

 contract. And, besides, the payment is really taken 

 out of the reversion, which belongs to the landlord, 

 and the value of which it reduces. If an incoming 

 tenant is to pay 500 for a farm of fifty acres, the 

 interest on that sum at 5 per cent is 25 a -year, 

 supposing he gets his money back on leaving. This 

 is 10s. per acre on the farm, and if he had not to pay 

 his 500, but had to pay 5s. an acre extra rent 

 instead, he would be a gainer of 12 : 10s. a-year. If 

 he had to pay 10s. per acre extra rent, he would still 



