364:= 98 
English Land Law. 
Payments to 
outgoing 
tenant. 
The question of the payments to be made to an outgoing 
tenant, either by the landlord or the incomer, is a most complex 
one. The allowances for growing crops are of comparatively 
small importance, their value being always readily ascertainable, 
and the tenant having generally received, at the commencement 
of his tenancy, the benefit of any imperfections which exist in 
the customary or conventional terms of the holding. The really 
important question refers to the unexhausted value of the 
manure which has been expended on the land, and the capital 
which has been sunk in drainage and other permanent improve- 
ments ; but the discussion of this subject finds its proper place 
under the heading of the Agricultural Holdings Act. 
4. Covenants by the Landlord. — Certain of the landlord's 
usual covenants refer to the subject of tenants' compensation 
which has just been alluded to ; but in addition to these, the 
tenant generally stipulates for quiet enjoyment, which protects 
him from eviction or disturbance by the landlord or any one 
claiming under him, and gives him a remedy by action in case 
the lessor's title should prove defective, where not expressly 
limited so as to exclude this right. The mode and time of 
entry on the lands demised are also very frequently the subjects 
of special agreement, though it is often said that these are 
matters more suitable than any others to be decided by the 
custom of the country. The incoming rights of one tenant are 
so closely connected with the outgoing rights of another, and 
vary so widely according as the tenancy is to commence at Lady- 
day or at Michaelmas, that it is impossible to treat of them ade- 
quately in detail. Where the custom is not dispensed witl 
by the agreement, they will be controlled by it ; but when 
the contract between the parties excludes the operation of cus 
tomary rules, as well as the provisions of the Agricultura 
Holdings Act, the parties may of course regulate the conflicting 
rights of the incomer and outgoer in the manner they deen 
most suitable to the requirements of the holding. 
From the foregoing brief summary of the usual conditions o 
a tenancy depending upon a written instrument, it will be seei 
that, however carefully tlie terms may be expressed, some differ 
ence between landlord and tenant is at least a possible contin 
gency. In contemplation of such an event, and also to provid 
a method of valuing the compensation to be paid to the outgoe 
on the termination of the tenancy, special clauses for the ap 
pointment of arbitrators or an umpire are frequently insertec: 
The effect of such provisions at law has long been a subject c 
litigation, but it appears to be now settled that where the agree 
ment is that either of the parties shall pay a certain sum onl 
after it has been ascertained in a particular manner, no leg£ 
