518 
Recommendations of the- 
tenants, and in view of these arbitrations taking a wider scope, 
should the suggestion we make become the law of the land, 
entitling tenants to be paid compensation for their unexhausted 
capital left in the holding, or for permanent improvements made 
by them, we think it would be advisable, while leaving parties 
interested free to make choice of any of the modes by which 
arbiters are chosen and appointed at the present time, to have 
in each county a certain number of thoroughly qualified men 
named by the Sheriff Principal, one or other of whom shall be 
appointed by the sheriff or his substitute to act as oversman in 
the case of the arbiters appointed by the parties failing to agree 
upon the selection of an oversman, or as sole arbiter, should 
there be any failure in the nomination of arbiter by the parties. 
All fees, expenses, &c., connected with such arbitrations to be 
levied on the parties interested, but to be in such proportion to 
each as the arbiter may determine, subject to taxation by the 
auditor of the Sheriff's Court. 
Resteictive Covejjants. 
Many of the witnesses have represented to us that stringent 
covenants as to cropping and the sale of produce unduly hamper 
the farmer in the pursuit of his business, and do not in effect 
tend to increase the fertility of the soil. 
We believe that the more restrictive of these covenants will 
be found in the older forms of leases and agreements, which 
were prepared at a period when all the conditions of agricul- 
ture were different from those now prevalent on well-managed 
estates. 
Whilst we are not prepared to recommend the compulsory 
abolition of all such restrictions, we consider that the increased 
intelligence which has been manifested by those engaged in 
agriculture, and the general improvement in the system of cul- 
tivation which is now in progress would in many cases justify 
their removal. 
Law of Disteess.* 
Although the total abolition of the law of distress has been 
suggested in the course of this inquiry, we cannot recommend 
so extreme a measure. Such a change would in our opinion 
operate to the prejudice of farmers, especially of the smaller 
class of holders. 
We Avould, however, propose to limit the power of distraint 
* ]Mr. Strtnsfcld, Mr. Clay, Mr. Charles Howard, and Mr. Patcrson express 
their opinion in favour of the total abolition of the law of distress in separate 
Memoranda. 
