in the district, .and with the results which farmers usually 

 obtain, and especially with the characters of the prevailing 

 soils, and the extent to which they respond to applications of 

 manures, or to other methods of amelioration. 



Looking at the question of compensation from the point of 

 view of simple equity, we should, I think, conclude that an 

 outgoing tenant might fairly claim to be compensated for all 

 his unexhausted substantial improvements of the fertility of 

 the land, which are over and above the acts required of him 

 by agreement with his landlord. The farm has been granted 

 by the landlord with certain stipulated conditions as to its 

 cultivation : if the tenant does more for the land than these 

 conditions require, he is entitled to compensation for any 

 unexhausted value of his improvements ; while the landlord, 

 on the other hand, may claim as a set-oif any deterioration 

 of fertility arising from the nonfulfilment of the stipulated 

 conditions. According to the Act of 1883, the amount of 

 compensation is to be determined by the value of the im- 

 provements to the incoming tenant. 



WHAT SHOULD BE BECKONED AN IMPEOVEMENT ? 



The first question I wish to raise is, What should be held 

 to constitute an improvement ? By an improvement we 

 clearly imply something which is beneficial; in the case 

 before us it must mean some action the consequences of 

 which have a substantial value to the incoming tenant. 

 The Act of Parliament contains a schedule of improve- 

 ments for the execution of which compensation is to be 

 awarded at the discretion of the referee. Now my point is 

 this, that the actions thus scheduled as improvements are 

 not necessarily in every case productive of substantial benefit, 

 and that all of them in various cases confer benefit in very 

 different degrees. I take it, therefore, that the first aim of a 

 referee under this Act of Parliament should be to ascertain 

 what amount of substantial benefit the successor to the farm 

 will obtain from the so-called improvements made by the 

 outgoing tenant ; this fact, rather than the bills for manures, 

 foods, or work done, should form the basis of the compensa- 



