The Agricultural Holdings (^England) Act, 1875. 137 
governed by the Act in every particular not provided for by the 
special agreement, this result will be obtained by implication, 
though the Act may not once be mentioned. It is obviously 
necessary, therefore, in drawing up such agreements, to bear in 
mind that if they are silent as to the operation of the Act, they 
may be subjected to important variations and additions, in the 
terms of the Act, so far as these are not over-ridden by the terms 
of the agreements. Any such agreements must expressly provide 
that the Act, and no part or provision of the Act, shall apply 
(§ 56). The Act is permissive only in the sense that, if parties 
to a contract of tenancy take certain simple precautions to escape 
from its operation they are free to do so. But it is not enough 
to say by word of mouth that they do not want to be governed 
by its provisions. They must put this intention in writing, 
either in the lease or agreement itself, or in a separate form, for 
unless this precaution be taken the Act becomes operative. If 
the intention be to exclude the operation of the entire Act, this 
intention may be easily expressed by a proviso in the agreement, 
following the words of § 56 : — 
" Provided always, and it is hereby agreed and declared by 
and between the parties hereto, that the Agricultural Holdings. 
(England) Act, 1875, or any part or provision thereof, shall not 
apply to the contract hereby entered into." 
Some such clause will, no doubt, for some time after the Act 
has been in operation, form part of many future agreements in 
the interests of the landlord. On the other hand, if the tenant 
desires to secure the benefit of the Act, he must be careful to see 
that his lease or agreement contains no clause of this kind. If 
the landlord and tenant decide upon incorporating in the new 
agreement any " part or provision " of the Act, without adopting, 
the whole of it, such part or provision must be clearly specified 
in the mode already indicated. It may not be superfluous to 
explain that the words, " Part or provision " — the words used 
in § 56 — have two different meanings. " Part " includes alL 
the sections under any one of the general headings in the Act. 
For instance, the sections relating to *' Compensation," " Pro- 
cedure," " Charge of Tenants' Compensation," " Fixtures," &c.,. 
are all respectively so comprised ; and a proviso that the parties 
agreeing to adopt " that part of the Act relating to Fixtures-'* 
would by reference be a sufficient adoption of the various sec- 
tions contained in such Part. " Provision " may mean, bv 
contradistinction, one of the sections possibly forming a " part " 
in itself, as § 51, "Notice to Quit," and § 52, " Resumptioa 
for Improvements." 
As to Tenancies existing before February 14, 1876 (§ 57). — ■ 
The Act will apply to no existing tenancies under lease or 
