13G The Ayricultural Holdings (^England) Act, 1875. 
clearly expressed, for although a landlord and tenant (§ 55) may 
agree to adopt " any of the provisions " of the Act, and there- 
upon any provision so adopted is to " have effect in the agree- 
ment accordingly," it may be argued that § 42 only authorises 
a charge upon the estate for the amount of compensation due to 
a tenant " under this Act," and the Court is only to allow the 
charge " on being satisfied of the observance in good faith by 
the parties of the conditions imposed by this Act," whereas the 
compensation would be really due to the tenant, not under the 
Act but under the agreement, or by the custom ; and the parties 
to the agreement would be outside the conditions of the Act, except 
those contained in and imposed by the incorporated section. 
However, the language of the sub-section (§ 55) shows that the 
Legislature specially contemplated the adoption of the estate- 
charging clause by limited owners who did not desire to come 
under the Act generally, and it may be assumed that the Courts 
would interpret the two sections so as to carry out the obvious 
meaning of the Legislature.* 
Non-application to Small Holdings, — We may now consider- 
in what cases the Act will and will not apply. It will not 
apply to holdings which are non-agricultural, or which are 
smaller in extent than two acres (§ 58). There was an attempt 
in the House of Commons to extend the Act to the case of allot- 
ments, or plots of land let to farm-labourers ; and it was argued 
that they put into the soil even a larger proportion of capital, 
represented by labour, in proportion to the extent of land they 
cultivate, than the tenant-farmers. But the practical inconveni- 
ences of recognising a tenant-right in this class of small culti- 
vators led the House to reject this proposal ; and here, as in 
other cases, the maxim still prevails — De minimis non curat lex. 
The Act came into operation on February 14, 1876, and 
thereafter will apply to all new, and to some then-existing 
holdings of agricultural or pastoral lands, or lands partly agri- 
cultural and partly pastoral, over two acres in extent (§ 5S\ 
subject to the following limitations : — 
As to New Tenancies. — It will apply to all holdings — whether 
tenancies at will, or from year to year, or for a term, or for lives. 
— beginning after February 14, unless the landlord or his agent 
take the precaution of having a written agreement, signed by 
the tenant as well as by the landlord or agent, expressly con- 
tracting themselves out of the Act (§ 5()). If, therefore, in 
entering into a new contract of tenancy, the parties desire to be 
* This, however, couUl not bo made to apply to nny work executed by a land.- 
lord, at Ilia own oxixnso, for the convcnicucc of his tenant. —Note by Mr. J. Ih 
Dent. 
