English Land Law. 
351 = *5 
he tenant, though nominally evicted, should practically retain 
possession of the land on which his crops were growing until 
he completion of the current year. By the time that the 
sixteenth century arrived, in the reigns of Henry VII. and 
rtenry VIII., the courts of law had already begun to hold that 
I tenant at will of land for agricultural purposes who had 
mtered and paid rent, was in reality a tenant for a year certain, Yearly 
md so from year to year afterwards, entitled to six months' tenancies 
lotice before the lands which he cultivated could be taken from 
lim. Thus, a species of qualified security in his holding was 
,nven to the tenant who had hitherto been only indirectly pro- 
pcted, which has satisfied the necessities of a large portion of 
he cultivators of the soil up to the present day. Controlled 
inly by the custom of the country, which is, when universal in 
ts operation, identical with the common law, and when only of 
ocal extent, is within those limits equivalent to it, agricultural 
enants have in many parts of England occupied the soil from 
ear to year for generations, on no other terms than those 
leclared and formulated by the common law in the sixteenth 
entury ; and greater fixity of tenure, though, perhaps, never 
altogether lost sight of, has at any rate been found not entirely 
ndispensable. According to a recent authority, tenancies from 
('ear to year, depending for the most part on parol agreement 
md local custom alone, are the rule and not the exception in at 
east ten of the forty English counties,* including the largest ; 
.md a system which has so long prevailed over an area so con- 
siderable must necessarily have certain advantages and recom- 
nendations of its own. It is natural that the landowner should 
n many cases prefer an arrangement by which he retains the 
)ower of taking his property back into his own hands at his 
)ption, by the simplest possible procedure, and with little risk 
)1 an expensive and troublesome litigation ; and under no other 
vstem would it be possible for him, while parting with the 
ctual possession of his material wealth, to preserve so com- 
)letel)' the power of controlling it. Against these advantages Advantages 
nust be set the fact that the guarantee which is given to him '"'"^ disadvan- 
or the regular and continuous receipt of his rent is very imper- o^^jj.*" 
ect, and that he is liable at any time to lose the profits of the 
greater part of a year, by having his property suddenly thrown 
ill his hands when he has no tenant ready to take the place of 
lie defaulter. More worthy of consideration, perhaps, is the 
langer which he incurs of meeting with a tenant who has not 
* The counties referred to are Derbyshire, Gloucestershire, Herefordshire 
lonmouthshire, Lancasliire, Clieshire, Oxfordshire, Someisetshire, Shropshire, 
Vorcestershire, and Yorkbhire in the North and East Eidiiigs (^Dixon's ' Law of 
le Fai-m,' < hap. 3). 
VOL. XIV. — S. S. 2 0 
