2l8 AGRICULTURAL DEPRESSION 



The balance of evidence seems to show that it must 

 ultimately be to the benefit of farmers of all classes to 

 have this right of the landlord abolished, that the right 

 tends to maintain rents at a fictitious level, and to limit 

 the freedom and enterprise of farmers. 



The desirability and the necessity of having one, 

 simple and complete, procedure for the recovery of 

 compensations and payments under the custom of the 

 country, as well as under the provisions of the Act, has 

 been brought before us by several witnesses. 



Mr Read complains that "a tenant, if he has any 

 advantage in his lease or agreement, or by custom, is 

 not allowed to bring that forward to augment his 

 claims, whereas the landlord can claim the lease or the 

 agreement, or the custom of the country, or the Act 

 against the tenant." Mr Read should have added that 

 the landlord has also very large powers under the 

 common law, whereas the common law presumes every- 

 thing against the tenant, because all improvements by 

 the common law fall to the land, and go to the owner, 

 unless law or agreement steps in. 



Mr Lipscomb emphatically supports this suggestion. 



Mr Druce says : " As a matter of convenience, and in 

 fairness, it is only right in my opinion that the Act 

 should be amended so that the whole payments on the 

 determination of a tenancy, including all matters and 

 things which are commonly payable under the custom of 

 the country, may be included in one award, and enforce- 

 able as one sum." 



In the case of Farquharson v. Morgan, although it was 

 stipulated in the agreement that tillages and some other 

 matters usually payable under the custom should be 

 paid for under the Act, it was held that the county court 

 judge had exceeded his powers in confirming the award 

 of the umpire on appeal, and in issuing an order under 

 the 24th section of the Act, to recover the whole amount 

 of the award, including, as it did, items not specified 

 in the Act, as payable under and recoverable by the 

 procedure of the Act. The tenant thus suffered heavy 

 loss because he relied on his agreement, the stipulation 



