sect. T. THE COUNTY OF FIFE. II* 



ought not to be less than 38 years. This sub- 

 ject,- however, will fall to he considered, more 

 properly, in a subsequent department of this Re- 

 port. 



5//3/r, In all leases, a variety of particular re- 

 stricting and obligatory clauses are to be found, 

 which, though of a subordinate nature, and less 

 essential than the articles above mentioned, do 

 nevertheless involve important consequences to 

 both proprietor and tenant. In framing these 

 clauses, their effects, I suspect, have not, in eve- 

 ry case, been sufficiently attended to. Some of 

 them are certainly exceptionable, and ought ei- 

 ther to be excluded, or so modified and correct- 

 ed, as to render them, if not beneficial, at least 

 harmless. Of these I shall beg leave to mention 

 the following. ' 



By a special clause tenants are generally pro- 

 hibited frpm assigning or subsetting their farms. 

 This restriction, in a general point of view, may 

 be exceedingly proper. Taking farms, merely 

 with a view to make profit, by subsetting them 

 at an advanced rent, is highly improper, and 

 ought, by all means, to be prevented. Mid- 

 dle-men coming, in this way, between the pro- 

 prietor and the actual cultivator of the ground, 

 is a curse to any country, being a fruitful source 

 of oppression, and a certain bar to improve- 

 ment. But though this general point be admit- 

 ted, I apprehend, to make the rule universal, 

 would, in many particular instances, lead to con- 

 sequences equally oppressive and unjust. .Sup- 

 pose a man has been in possession of a farm for 

 a number of years, and has expended a great 

 P 



