ONE PROCEDURE FOR ACT AND CUSTOM 219 



of which could not be carried out by the machinery of 

 the Act. 



Such a case is a vivid ilhistration of the absurdity of 

 the methods by which the rights of landlord and tenant 

 are attempted to be adjusted. It is obvious that the 

 consolidation of valuations and of procedure for recovery 

 is imperatively necessary. These considerations show 

 also that the proceedings under a new Act ought to be 

 simple and rapid and decisive enough to make it easy 

 to include all the matters that have to be decided 

 between outgoing tenant and landlord and incoming 

 tenant, settled by one man and in one award. Simpli- 

 city of settlement is one of the strong reasons why so 

 many farmers in some counties prefer to go out under 

 the custom than under the Act. 



In a new Act, therefore, a clause should be included 

 to the effect that where a tenant is entitled, under 

 custom or otherwise, to claim compensation in respect 

 of tillages, crops, seeds, straw, hay or manure left on the 

 holding, or for cartage, or in respect of a proportion of 

 rent, rates or tithe, or for any other matter or thing 

 connected with the holding, he may claim under the 

 Act as if any such thing were included in its schedules. 

 This provision is embodied in clause 50 of the Agri- 

 cultural Holdings Act, 1897. 



Valuers and Arbitration. 



It has already been pointed out that one of the 

 essential defects which had perverted the operation 

 of the Act was the lack of machinery to carry it out.^ 

 The Act was left to the discretion of the existing valuers. 



The evidence shows a practically unanimous opinion 

 that the present type of valuer and modes of valuation 

 are unsatisfactory, and have done more than anything 

 to defeat the intentions of Parliament. 



Mr Pringle states this point forcibly : — 



" Wherever I went there was a perfect outcry against 

 the manner in which, and the parties by which, the Act 



' Page 155. 



