the  Roijal  Commission  on  Agriculture , Sfc. 
147 
when  once  used.*  To  ascertain  the  amount  of  such  compensation  I recom- 
mend the  following  procedure : — 
I.  In  the  case  of  yearly  tenancies,  the  length  of  notice  to  determine  the 
tenancy,  to  be  given  by  either  the  landlord  to  the  tenant  or  by  the 
tenant  to  the  landlord,  should  be  not  less  than  twelve  calendar  months 
in  every  case. 
II.  If  the  parties  cannot,  at  the  time  when  notice  is  given,  in  the  case  of  a 
yearly  tenancy,  or  at  the  commencement  of  the  last  year  of  the 
tenancy  in  the  case  of  a lease,  agree  upon  the  amount  of  compensation, 
such  amount  should  be  determined  by  valuation. 
III.  If  the  parties  concur,  a single  valuer  should  be  appointed  by  them 
jointly  to  make  the  valuation.  If  they  do  not,  each  party  should  at 
the  time  when  notice  is  given,  or  at  the  commencement  of  the  last 
year  of  the  tenancy,  as  the  case  might  be,  or  within  fourteen  days 
after,  appoint  in  writing  a valuer,  and  the  valuers  should  apply  forth- 
with to  the  Inclosure  Commissioners  to  appoint  an  umpire,  and  upon 
such  application  the  Inclosure  Commissioners  should  make  the  appoint- 
ment ; but  the  umpire  should  not  be  called  upon  to  act  except  the 
valuers  differed.  The  decision  of  the  valuers  or  the  umpire,  as  the 
case  might  be,  should  be  final. 
IY.  The  valuation  should  be  made  during  the  year  preceding  the  end  of 
the  tenancy,  and  not  as  at  present  after  the  tenancy  has  enpired.  The 
valuer,  valuers,  or  the  umpire,  should  in  that  year  visit  and  inspect  the 
farm,  as  often,  and  at  such  reasonable  times,  as  may  he  necessary  to 
enable  them  to  form  an  accurate  judgment  of  the  state  and  condition  of 
the  farm,  and  of  the  crops  thereon ; they  should  take  cognisance  of  the 
acts  of  husbandry  performed,  of  the  manures,  whether  artificial  or 
otherwise,  and  feeding-stuffs  used  or  remaining  for  use,  and  of  any 
special  circumstance  by  which  the  interest  of  the  outgoing  tenant  or 
his  successor  may  he  effected. 
Y.  The  valuer,  valuers,  or  umpire  should  compare  the  bulk  of  the  crops  of 
each  kind  upon  the  farm  with  the  average  crops  in  the  district  on 
similar  land,  and  in  ascertaining  the  amount  of  compensation  should 
have  regard  to  such  comparison. 
YI.  The  tenant  should  be  required  to  give  the  valuer,  valuers,  or  umpire, 
due  notice  of  the  intended  application  of  manures  to  each  crop ; and 
to  hand  to  them,  or  him,  the  receipts  for  the  money  paid  for  all  manures 
and  feeding-stuffs  for  the  use  of  which  he  claims  compensation. 
VII.  The  valuer,  valuers,  or  umpire  should  have  power  to  take  samples  and 
have  analyses  made  of  the  manures  used  and  feeding-stuffs  consumed 
upon  the  farm ; and  the  tenant  should  be  required  to  afford  them 
opportunity  to  take  such  samples. 
VIII.  In  all  other  respects  the  valuation  might  follow  the  ordinary  mode 
of  procedure  used  in  arbitrations. 
12.  Considering  the  difference  of  local  circumstances,  the  customs  of  the 
country,  although  sometimes  very  erroneous,  appear  to  afford  the  only  prac- 
ticable method  for  the  valuation  of  tillages  performed  for  the  benefit  of  the 
outgoing  tenant’s  successor,  of  hay,  straw,  and  other  severed  crops  left  on  the 
farm,  and  of  the  young  seeds  growing  thereon.  In  these  respects  such  cus- 
toms cannot  well  he  interfered  with,  but  all  payments  under  them  should  be 
proportionate  to  the  benefit  to  be  derived  by  the  incoming  tenant. 
13.  Inasmuch  as  a fair  valuation  of  unexhausted  improvements  is  of  great 
pecuniary  importance  to  both  the  outgoing  tenant  and  his  successor  in  the 
* 46,971  (W.  C.  Little).  57,668  (Sir  J.  B.  Lawes,  Bart.).  66,879  (J.  Clutton). 
67,725-26  (J.  Coleman). 
L 2 
