The Agricultural Holdings {England) Act, 1883. 17 
" upon such terras as to compensation or otherwise as may be 
agreed upon," in which event compensation under the agree- 
ment, if adequate, will be substituted for that claimed under 
the Act (§ 3). 
A condition precedent to the claim for compensation in 
respect of drainage (§ 4) is, that not more than three, and not 
less than two months before beginning this improvement, a 
tenant shall give to the landlord or his agent a written notice, 
not onlv of his intention to drain, but of the manner in which 
he proposes to do the work. On receiving these particulars the 
landlord has the following options : — 
1. If satisfied with the mode of drainage proposed, he can 
agree with the tenant on the terms, as to compensation " or 
otherwise." These words implv a power to arrange by lowering 
rental in consideration of the work, by finding materials while 
the tenant finds labour, or by making some other equivalent to 
the tenant in total or partial lieu of compensation. If such an 
equivalent be substituted, the arrangement so agreed upon will 
over-ride the compensation prescribed in the Act. 
2. If the landlord is not satisfied with the mode of drainage 
proposed, or if for other reasons he thinks it better to keep the 
work in his own hands, he can himself undertake to execute the 
improvement, charging the tenant with an addition to the rent 
of not more than 5 per cent, interest on his outlay, or with an 
annual payment which will be recoverable as rent, and will 
extinguish this outlay in twenty-five years, including interest 
at the rate of 3 per cent. 
3. The landlord may, if he thinks fit, dispense with notice, . 
and contract with the tenant under lease or agreement, that the 
latter shall execute drainage works, with fair terms as to com- 
pensation or otherwise. 
Thus, although the landlord cannot veto drainage, he can 
practically control it. On notice, he becomes seized of the work, 
and may make the tenant responsible in increased rent for an 
outlay much beyond that which the tenant expected. For 
example, suppose, in a case which has been put, the tenant 
thinks that bush-drainage would answer his purpose, while the 
landlord thinks that, if there is to be drainage, it should be 
done thoroughly, with tile-drains four feet deep. Apparentlv to 
meet any such divergence of views, the tenant may withdraw 
his notice on learning what his landlord proposes. On such 
withdrawal the landlord's power to undertake the work ceases, if 
it has not then been exercised. It is true that, to guard against 
any too lavish expenditure by the landlord, § 4 stipulates 
that, if he elects to carry out the drainage, he must do so in a 
" reasonable and proper manner."' Apart, however, from the 
VOL. XX. — S. S. C 
