528 JOURNAL OF THE ROYAL HORTICULTURAL SOCIETY. 



neither paying nor receiving any money, and rarely objecting to the out- 

 going tenant's nominee, the fact that he is able to pay out his predecessor 

 being a sufficient guarantee of his financial position. The landlord, how- 

 ever, has the option of refusing a nominee of the outgoing tenant, if, 

 instead, he prefers to pay compensation himself. Another suggestion 

 which was made was that, when two valuers differed, the holding should 

 be put up to auction. But this suggestion would have the effect of 

 depriving the landowner of all control over his estate, and making him 

 a mere rent-charger, like the Irish landlords under the Act of 1881. 

 The Committee cannot recommend this, but they hold that the valuation 

 difficulty must be dealt with. 



33. It cannot be too strongly insisted, that the only fair value to be 

 taken is the value to an incoming tenant, under the conditions laid down 

 in the Act of 1883. Fruit may be planted in most unsuitable soils, or 

 on land with most unsuitable surroundings, where, possibly, no incoming 

 tenant could be found at all ; and if so the value would be nil, and the 

 outgoing tenant who planted the fruit ought to suffer for his lack of 

 judgment. On the other hand, the value may be very great, and an 

 incoming tenant may be willing to pay treble or even quadruple the old 

 rent, and here, clearly, the outgoing tenant ought to be entitled to 

 substantial compensation. The question next arises, What is to be the 

 amount of the compensation, or on what basis is the value (if any) to an 

 incoming tenant to be calculated ? This is a matter rather for expert 

 valuers than for the Committee to decide, but the Committee venture to 

 indicate certain principles. In the first place, it should be observed that 

 fruit-growing is a speculative form of cultivation : its success or failure 

 depends at all times on a great variety of chances and circumstances which 

 it is impossible to foresee, and largely also on the capacity, or want of 

 capacity, of the individual grower. In the second place, allowance must 

 be made for the life of a fruit plantation and the probable duration of its 

 productiveness ; for two orchards of the same present letting value may 

 have very different lengths of life ahead. Thirdly, the Act directs that 

 regard must be had to the " inherent capabilities of the soil," it being 

 apparently assumed that the landlord, as owner of the soil, contributes 

 something in cases where there is an enhanced value ; and this must be 

 taken into account. The matter is often complicated by the fact that, in 

 many cases, landlords charge a higher rent from the beginning where the 

 land is let for fruit. In such cases it may be held that the landlord 

 has already received what is due to him on account of the inherent 

 capabilities of the soil. These would appear to be governing factors in 

 calculating compensation on quitting a holding. The Board of Agriculture 

 has the power to appoint official valuers, and the Committee feel it would 

 be advantageous for the Board to nominate experts in fruit valuation and 

 call them together to decide how best to apply these principles to the 

 calculation of compensation under varying conditions. 



34. It has, however, been suggested to the Committee that the best 

 way to meet the difficulties of valuation, which are inevitable in practice, 

 would be to make such an amendment of the law as would, in many 

 cases, avoid the necessity for valuation as between landlord and tenant in 

 the future. The proposal is to make something akin to the Evesham 



