158 AGRICULTURAL DEPRESSION 



The theory of the framers of the Act of 1883 was that 

 it was sufficient protection in practice to give a tenant 

 the right to full compensation on quitting, and that the 

 possession of that right and power of exercising it would 

 enable him to enter into a bargain with the owner on an 

 equal footing, when the rent and other conditions of 

 tenancy had to be settled between the two parties on the 

 renewal of a contract of tenancy. 



The evidence of practical farmers given before us, and 

 the general complaints on this point in the sub-commis- 

 sioners' reports, show that this result was not obtained, 

 that the sitting tenant has not in general been able to make 

 as good terms for himself as a new tenant, and that the 

 full force of competition has been concentrated on the 

 best farms where presumably there has been the heaviest 

 outlay in tenant's improvements, and that, in consequence, 

 the sitting tenant, instead of being able to retain for him- 

 self the value of his improvements, has had to acquiesce 

 in its constant appropriation by the landlord.' 



Before examining in detail the evidence as to the 

 results of these two leading defects of the Act, and the 

 evidence as to specific complaints as to many other 

 defects in the Act, and its working, it will be convenient 

 to state to what extent, and in what way the Act has 

 been operative. 



One effect of the Act has been the introduction of 

 clauses in agreements securing beforehand some com- 

 pensation for improvements not previously protected. 

 By section 5 of the Act, agreements of this nature are 

 treated as a substituted form ""f compensation, and are 

 admissible if " fair and reasonable." 



Very grave exception is taken by some Scotch and 

 English witnesses to this system. The landlord is 

 the stronger party in bargaining, and will impose his 

 own terms. It is also urged that such an agreement 

 involves the rigid application of time scales of exhaustion, 

 and so tends to prevent the tenant from getting a fair 

 compensation for long continued good farming. 



" There should be no contracting out ; neither landlord 



* See pp. 102-9. 



