The Agricultural Holdings {England) Act, 1875. 139 
tenant, both must concur in order to adopt parts of the Act, as 
this must necessarily be in writing. 
An important question arises under § 57. Where a tenant 
from year to year holds under an agreement, how is the agree- 
ment affected by the Act, in the absence of notice to exclude the 
operation of the Act ? The point is not free from doubt, but the 
reasonable construction seems to be that, in the case of a current 
tenancy from year to year, the existence of an agreement will not 
prevent the Act from applying ; while, on the other hand, the 
Act will not override the agreement, but will supplement it, and 
be read as one with it. It is true that § 54 says that nothing in 
the Act shall " interfere with the operation " of an agreement. 
But the language of § 57 is equally express in its application to 
existing " contracts of tenancies " from year to year, thereby 
including yearly tenancies under written agreement, as well as 
those where there is no agreement. Such an application of 
§ 57 will not " interfere with the operation " of any agreement 
in the sense of contravening it. The contract of tenancy will 
be " affected" by the Act, not revoked. In other words, where 
the agreement expresses the will of the parties, it will prevail 
over the Act, thereby preserving the freedom of contract, which 
is the spirit of the Act ; but where the agreement is silent, the 
Act will step in, just as the custom of the country may be im- 
ported into any farm agreement with which it is not inconsistent. 
If this view be correct, it follows that where either of the parties 
to an existing tenancy from year to year desires that the Act 
shall not be incorporated with the agreement, he must give 
notice, in the terms of § 57, " that he desires that the existing 
contract of tenancy between them shall remain unaffected by the 
Act." Neither landlord nor tenant will be safe in relying upon 
the agreement without such notice. 
General Saving of Rights (§ 60). — The Act leaves untouched, 
except as therein expressed, any power, right, or remedy vested 
in a landlord, tenant, or other person, by statute, custom, or other- 
wise, " in respect of a contract of tenancy or other contract, or 
of any improvement, waste, emblements, tillages, away-going 
crops, fixtures, tax, rate, tithe-rentcharge, rent, or other thing." 
Subjects of Compensation. 
Having ascertained the cases in which the Act applies, or 
may apply, we may now examine the provisions of the Act 
which regulate a tenant's title to compensation for improvements 
executed on his holding. Here it is proper to bear in mind 
that the term " holding " throughout the Act " includes all land 
held by the same tenant of the same landlord for the same term 
