1839] 



FARMERS' REGISTER. 



67$ 



a bad one ; therefore, the work of the (rood horse 

 beiiif^ of much greater value, it is lor the interest 

 of e\^ery farmer that the workinfr stock shouki he 

 fresh, stronf^, and capable of per/orming the labor 

 lor which they are intended. If horses are weak 

 and feeble, work, ploughing especially, cannot be 

 suitably executed; of course, either less ground 

 is turned over, or a shallower I'urrow taken, which 

 is almost the greatest evil which can befid an 

 arable farmer. Indeed, if a weak horse requires 

 as much corn and hay as a good oiie, common 

 •sense inculcates the utilily of providing animals of 

 the best qualiiy. My lather has always been very 

 particular in these matters; and, I 'rust, has fur- 

 nished me with a slock of horses capable of execu- 

 ting every branch of rural labor in the most ad- 

 vantageous manner. 



The submission betwixt my predecessor and 

 me, has been signed this day ; and the arbiters are 

 to proceed in discussing it to-morrow. They have 

 chosen an oversman and a clerk, and summoned 

 six witnesses, actual tradesmen, whom they mean 

 to examine with regard to the condition of the 

 houses and fences. I understand this is their usual 

 mode of proceedins"; and must acknowledge it 

 seems well calculated to expiscate the truth. In 

 that way, they have the whole benefit of the 

 tradesmen's experience, without delegating any 

 part of the power wiih which they are entrusted. 

 In short, arbiters acting in this manner, may ex- 

 amine as many witnesses as they please, with re- 

 gard to any particular fact or ci^xnmstance sub- 

 mitted to them ; while the power of determining 

 or judging upon the weight of the evidence, is still 

 reserved in their own hands. I now begin to dis- 

 cern, that the gentleman to whom you recommend- 

 ed me was not wrong in affirming, that many arbi- 

 trations were kept up and delayed, because those 

 employed did not know how to carry them into 

 execution ; and shall in my next fully explain the 

 proceedings of the gentlemen appointed to judge 

 of the various matters betwixt my predecessor and 

 me. I expect my father this evening ; and shall 

 Jeave the agency of my claims solely to his gui- 

 dance and discretion. 



June 12. — Since the meeting of our arbiters, I 

 have been so busily employed, as not to find lei- 

 sure for transmitting, at an earlier period, a detail- 

 ed account of their proceedings. Such an account 

 may be useless to you, who have so ofien been 

 employed as an arbiter; but I am sure it will be 

 agreeable to learn, that the whole business was 

 speedily finished ; and, what is better, that it was 

 finished to the satisfaction of the parlies. 



When the arbiters and oversman met, I was 

 called, as incon)ing tenant, before them, and de- 

 sired to state n)y claims against the outgoing ten- 

 ant. My faiher, from a written paper in his hand, 

 then stated the claims, namely, repairs of liouses 

 and fences ; and expressed his desire that it should 

 be formally ascertained, whether the full quantity 

 of grass land and summer fallow was left upon the 

 farm, and whether the clauses which respected 

 management and cropping had been regularly 

 implemented. The arbiters then called for my 

 predecessor, and read over to him what had been 

 urged by my faiher in behalf of the incoming 

 tenant. To this it was replied by my predecessor, 

 that he believed some repairs were necessary upon 

 fhe houses and fences, the value of which repairs 

 he was willing to pay; and Ihat, with regard to 



the other prestations upon him, they were faithful- 

 ly implemented. Moreover, he slated his claims 

 against me, as incoming tenant, for the value of 

 the land uncropped this season ; of the ploughing 

 given to it ; and of ihe whole dung upon the pre- 

 mises. A minute of these matters having been 

 made, the witnesses summoned were directed to 

 e.xandne the houses, and ascertain whether they 

 were in the slate and condiiion prescribed by the 

 lease. Immediately thereafter, Ihe arbiters and 

 oversman inspected ihelt^nces, marking in writing, 

 as they went along, the deficiences which appear- 

 ed. They then desired the outgoing tenant to 

 lead a proof that the farm was cropped, for three 

 years back, according to the rules of the lease; 

 which he having done to their satisfaction, the 

 witnesses sent to examine the houses were called ; 

 and being interrogated upon oalli, deponed respec- 

 ting the repairs that were required. The dung- 

 hills were afterwards measured ; and, before din- 

 ner, a decreet- arbitral was scrolled, and ordered 

 to be engrossed upon stampt-paper. The substance 

 of which is as follows : 



The arbiters and oversman find, that the sum of 

 forty-five pounds thirteen shdlings and eightpence 

 sterling will be required to put the houses upon 



the farm of in the condition prescribed by 



the lease. Find that the sum of eighty-three 

 pounds nine shillings and three pence sterling will 

 be required to put the fences and gates upon the 

 said farm in the like condition; whicfi sums, 

 amounting to one hundred and twenty-nine pounds 

 two shillings and elevenpence sterling, tliey decern 

 and ordain to be paid, by the outgoing to the in- 

 coming tenant, at Lammas first to come, with legal 

 interest from that date, in case of non-payment. 

 Find it established, that the full quaniity of grass- 

 land and summer-fallow, mentioned in the tack, 

 has been left upon the farm ; and also, that the 

 said farm has been managed and cropped, accor- 

 ding to the rules and obligations of the tack; 

 therefore, decern accordingly. Find, that the 

 value of the land left uncropped this year as a tur- 

 nip or fiillow-break, at the rale of three pounds 

 ten shillings per acre, is one hundred and seventy- 

 five pounds ; which sum, they decern and ordain 

 to be paid, by the incoming to the outgoing ten- 

 ant, at Whitsunday next, with interest from that 

 date, in case of non-payment. Find the value o 

 one furrow given to the said fallow to be twelvef 

 shillings per acre ; and that the amount of the same 

 is thirty pounds sterling. Find, that thequantity of 

 dung left upon the farm, and produced from the 

 penult crop, is nine hundred and forty cubic yards, 

 but, in respect the outgoing tenant could not reap 

 more than one year's benefit from that dung, find 

 him only entitled to be paid for it as a cottar. 

 Find, therelbre, Ihe value of the dung, at the rate 

 of two shillings and sixpence per cubic yard, to be 

 one hundred and seventeen pounds ten shillings ; 

 which two sums oflhirty pounds and one hundred 

 and seventeen pounds ten shillings, amounting, 

 in all, to one hundred and forty-seven pounds ten 

 shillings sterling thev decern and ordain to be paid 

 by the incoming to be outgoing tenant, at the term 

 of Lammas next, with interest from that date, in 

 case of non-payment, &c. &c. 



Thus, a business is settled, which gave me at 

 first some uneasiness. The whole expenses there- 

 of amounted exactly to ten guineas, the arbiter© 

 having declined receiving any payment for the!? 



