English Land Law. 
355 = 59 
for the unexhausted value of the improvements he has effected 
during his holding, the subject is too large to be more than 
mentioned here, and will be separately discussed in connection 
with the Agricultural Holdings Act of 1875. Apart from the 
iperation of this statute, the customs applicable to yearly 
tenancies differ in no way from those which prevail where the 
Dutgoer has held under a lease or agreement for a term of years. 
The tenant's right to the way-going crops is, comparatively 
speaking, general and uniform in its operation, being in itself 
ittle more than an extension of the common law as to emble- 
nents which has been already spoken of ; but, except in certain 
listricts, the customary right to compensation for unexhausted 
illage, drainage, and manure, is quite inadequate of itself to 
neet the necessities of agricultural tenancy without statutory 
iid, and varies not only in different counties, but even in 
leighbouring parishes, in a manner at once perplexing and 
msatisfactory. Under such a system, the chief consolation of 
m outgoing tenant is often that, although he leaves money of 
lis own in the soil, he found that of another man there when he 
:ame in ; but the natural desire of each successive occupier not 
:o run the risk of losing more than he gained from his prede- 
essor, makes it quite certain that the land will have a tendency 
0 deteriorate under a tenure so precarious, unless the prudence 
ind liberality of the land-owner are sufEciently great to com- 
lensate for the restrictions which impede the enterprise of the 
enant. 
The description of yearly tenancy, which results from the Coutinaing 
iccupier continuing in possession and paying rent after the ex- 
)iration of his term, has not yet been mentioned, but that it can 
)e created in this manner has long been settled law, nor will an 
ncrease in the yearly rent prevent the other terms of the former 
enancy from being adopted. It is obvious, however, that only 
hose stipulations can be incorporated into the new agreement 
'which the law implies, that are in themselves consistent with 
'ind applicable to a yearly holding ; and the adaptability of par- 
icular conditions to such an altered state of things has often 
)een the subject of judicial decision. It has been held that a 
ovenant to enable the tenant to retain and sow a certain quantity 
)t the arable land with wheat at the seed-time next after the 
xpiration of his term, with liberty to leave it standing till the 
lext harvest and thresh it on the premises, is not incapable of 
ipplication to a yearly tenancy. So of covenants that the 
enant shall be paid for tillages at the expiration of his lease, 
hat he shall leave all the manure for the use of the incomer, 
hat he shall not take successive crops of corn, and that he shall 
ollow a specified course of husbandry throughout his occupa- 
