English Land Law, 
359 = 93 
in each successive district to which the system was applied, so 
the effect of its application would indefinitely and on no certain 
principle of variation be modified. It was the recognition of 
this truth which caused the Legislature, in dealing with some of 
the most important questions to which the usual stipulations 
of agreements and the requirements of agricultural custom apply, 
to provide that the Agricultural Holdings Act, 1875, should be 
permissive only in its operation. Under this Act (which will be 
more fully discussed hereafter) its provisions may be adopted or 
excluded in whole or in part in any written contract of tenancy. 
■ Practically, therefore, the same entire liberty of contract that 
I was enjoyed before the passing of the Act remains still within 
the reach of both parties. It will probably be some time before 
the full effect of a statute which virtually amounts to the creation 
of a new and comprehensive agricultural custom, which may be 
negatived by stipulation like any other, makes itself generally 
felt. In one instance, which may be taken as a type of many, 
where landowners, though honestly desirous of establishing fair 
relations between their tenants and themselves, have shown a 
repugnance to having their agreements drafted for them by Act 
of Parliament, circulars were issued to the tenants explaining 
(the alteration in the law, and suggesting that the voluntary 
'system of agreements which had hitherto prevailed on the 
! estate (Sir T. D. Acland's) should be adhered to. Most of the 
holdings in this case were under an agreement running from 
year to year, with covenants for and schedules of compensation 
on a definite scale, and with no clauses as to cultivation except 
I such as reserved to the landlord a power to prohibit the sale of 
exhausting crops, and to fix a minimum limit for the acreage 
under green crops, and a maximum for corn. In cases where 
' agreements of this character are actually in use, and have shown 
'by results their sufficiency for the peculiar requirements of the 
'listrict, the provisions of the Act will probably be found super- 
fluous. 
The stipulations that are usually contained in written agree- 
ments of tenancy need not here be discussed separately, since 
I they differ in no respect, except as to the technical nature of the 
remedies by which they are enforced, from the covenants ordi- 
'narily inserted in a lease, and will be more conveniently con- 
sidered under that heading. But it may be observed that just 
as it has been rendered necessary by the Legislature to exclude 
the Agricultural Holdings Act in express language, if it is not 
desired to incorporate it with the agreement, so the operation of 
the recognised local customs can only be avoided by express Exclusion of 
stipulation to that effect, custom being regarded by the common customs mus 
law as the substratum of all agreements which concern its * ^'^P''^^^- 
