GENERAL PRINCIPLES 33 



In the case of property in land and 

 tenancies of various kinds, very great 

 injustice has been done in the past by 

 too literal interpretation, or by reference 

 to legal principles which were not really 

 relevant, to the neglect of the ill- 

 defined rights of customary tenants. 

 English economic history furnishes illus- 

 trations on a large scale, and the English, 

 in perfect good faith and perfect ignorance, 

 made similar illustrations in India. On 

 the other side, quite recently in Ireland, 

 and to a less extent in Scotland, legisla- 

 tion has paid more regard to the custom 

 of the country than to the letter of the 

 law, in the readjustment of the relations 

 of landlords and tenants. 



One thing, however, is certain : that 

 both the letter and the custom ought 

 to be considered if an equitable 

 interpretation is desired. 



