Commercial Fruit Growing 13 



can be come to, if a limitation of the amount of compensation to be 

 claimed per acre as suggested above is not accepted as a settlement. 



Landowners themselves are also endeavouring to find a way out of 

 the difficulty. One such, who desires to encourage fruit growers on his 

 estate, has devised a form of agreement which he says has cost him and 

 his advisers much time and thought, and which he thinks may prove a 

 model fruit-growing agreement. It is in the nature of a hiring of the 

 fruit trees and bushes from the landlord, who supplies them as he does 

 the land. Among its provisions are the following: 



1. Reservation to the landlord (except for provisions of Ground Game 

 Act, 1880) of all foxes, game, hares, rabbits, woodcock, snipes, rails, quails. 

 All rights of hunting, shooting, fowling, hawking, coursing, and fishing, 

 with full and free liberty for the landlord, his friends, gamekeepers, and 

 servants, and every other person authorized by him, to search for, hunt, 

 shoot, course, fowl, hawk, sport, fish, and preserve over and upon the said 

 land. 



2. That the tenant will not (except as mentioned below) plant any fruit 

 trees or bushes, except such as shall be provided by the landlord. 



3. And it is hereby agreed and declared that when the premises or 

 such part of them as is to be planted have been well cleansed and prepared 

 to the satisfaction of the landlord, the landlord will (subject as hereinafter 

 mentioned) at the request of the tenant provide upon the premises all Apple, 

 Pear, and Plum trees, also Currant, Raspberry, and Gooseberry bushes of 

 the varieties selected by the tenant. The landlord shall be at liberty to 

 object to any variety. And it is hereby mutually agreed that no more 

 than so many varieties of any one kind of fruit trees should be planted. 



4. All trees and bushes planted during the tenancy shall be and remain 

 the property of the landlord, and the tenant shall not claim or be entitled 

 to any valuation or tenant right in respect of them nor for the super- 

 intendence in planting thereof. The trees and bushes so to be supplied 

 by the landlord shall be maidens, and the tenant shall not permit any 

 fruit to be borne by the trees during the first two seasons after planting 

 or by the bushes during the first season after planting. 



5. The landlord will replace any Apple. Pear, or Plum trees, and any 

 Raspberry, Gooseberry, or Currant bushes, that may die within two years 

 of the date of planting. If and whenever any tree or bush shall die 

 after the expiration of two years from the date of planting it shall be 

 replaced by the tenant, who shall maintain the same number and variety 

 of trees and bushes as supplied by the landlord, unless by the growth 

 of the trees it shall be found that any variety is unsuitable to the soil, 

 it shall be replaced by the tenant by another variety approved by the 

 landlord. 



6. All fruit plantations of trees or bushes shall be guarded from hares 

 and rabbits with wire netting, 4 ft. wide and l|-in. mesh, laid with 6 in. 

 turned in under the soil. Landlord to supply posts, and tenant to provide 

 wire netting, and lay same without any compensation. 



