138 The Agricultural Holdings {England) Act, 1875. 
agreement for years, or for life (§ 57, sub-sect.) ; but it will take 
effect upon all existing tenancies from year to year, or at will, 
unless " within two months after the commencement of the Act " 
— that is, on or before April 13, 1876 (April 14 being Good 
Friday, and a dies non) — the landlord or the tenant gives notice 
in writing to the other that he desires that the existing tenure 
shall remain unaffected by the Act (§ 57). Thus silence, as in 
the case of new tenancies, will be taken as meaning consent to 
the adoption of the Act. On the other hand, either party has 
the option of excluding the operation of the Act ; but, again, it 
must not be by word of mouth, but by writing. If on either 
side such a notice has been given, in distrust of the Act, or 
ex abundante cautela, the notice may at any time during the 
tenancy be revoked, and thereupon the Act will apply ; or at 
any time parts of the Act may be adopted, as has already been 
explained. No express form of words is necessary in this or 
other cases of notice under the Act, but this simple form may 
be given for guidance : — 
" Sir, — Pursuant to the provisions of the Agricultural Hold- 
ings (England) Act, 1875, I hereby give you notice that I 
desire that the existing contract of tenancy between [ms] shall 
remain unaffected by the said Act. 
" Dated the day of , 18 ." 
Such a notice would be signed by the landlord or the tenant 
who gave the notice. If given by the latter to the agent, the 
word within brackets might be replaced by the words " between 
[name of landlord^ and myself;" if given by the agent to the 
tenant, the appropriate words would be " between \jiame of land- 
lord'\ and yourself." Though landlords will doubtless take the 
initiative in most cases, it is important that yearly tenants 
or tenants-at-will should also know their position under the Act 
— what they are required to do, and what will be the result if 
they do nothing. It must be borne in mind that a tenant may 
claim compensation either under the Act, if it applies to his 
holding, or under custom or contract ; he must only not claim 
under the Act, and under custom or contract, " in respect of 
the same work or thing " (§ 59). The compensation due to him 
under the custom of the country may be more beneficial to him 
than any compensation which would accrue under the Act ; and 
it may therefore be to his injury if he stands by — being a 
yearly tenant or tenant-at-will — and, through negligence or 
ignorance, allows the time to expire within which he may pre- 
vent the Act from applying. In the event of such a lapse on 
either side, the Act, having once taken effect, can only be ousted 
by mutual consent or hy determination of the tenancy. While 
the operation of the Act may be excluded by either landlord or 
