Tlie Agricultural Holdings {England) Act, 1883. 21 
having regard to the circumstances existing at the time of 
making such agreement." 
With regard, therefore, to tenancies current on January 1, 
188-i, it appears that if the tenant cannot obtain specific com- 
pensation, bj custom or statute, for improvements duly executed 
by him after that date, all existing agreements, so far as they 
relate to such improvements, will be affected as follows : — 
(1) If the agreement provides specific compensation for one 
or more improvements, but is silent about compensation for any 
other improvements, the tenant can claim compensation under 
the Act in respect of those other improvements. 
(2) If the agreement provides specific compensation for cer- 
tain improvements, and general compensation for other improve- 
ments, then the agreement prevails as to the specific compensa- 
tion, but as to the rest will fail, so far as it applies to temporary 
improvements, unless the general compensation it gives for 
them be fair and reasonable, and compensation to that extent 
may then be claimed under the Act instead of under the 
agreement. 
(3) If the agreement applies wholly to temporary improve- 
ments, without giving specific compensation for any, it will be 
void altogether unless it satisfies the same condition by giving 
a fair and reasonable compensation. In that event also the 
tenant may claim compensation under the Act. 
Thus, if the construction here submitted be correct, an agree- 
ment entered into before January 1 may be supplemented, or 
may prevail in whole or in part, or may become void in whole 
or in part, by virtue of retrospective legislation.* It should be 
remembered, too, that the section applies to leases as well as to 
* A member of the Council having put some questions as to the effect of the 
Act on yearly tenancies with agreements for compensation which were current 
at the commencement of the Act, Mr. Clifford, in replj-, illustrated the principles 
which he has expounded above as follows : — 
1. At the period prescribed in Section 6, when existing agreements become 
affected by the Act, such agreements remain in force, subject to the compensa- 
tion given by the Act where no compensation, or no adequate compensation, is 
given by the agreement. 
2. When the Act takes effect upon an existing tenancy, I think an outgoing 
tenant might, in the case put, claim the specific compensation provided for in 
this agreement, and might also claim for other purchased food under the Act. 
In the Litter case, under the special circumstances mentioned, [viz., where an 
excessive compensation was agreed to be given for oilcake and linseed in lieu of 
compensation for other piuchased food], the landlord might properly claim a set- 
off (Section 6 (a) ). 
3. Any scale of allowances which can be shown to be " fair and reasonable " 
(Section 5) would not be in contravention of Section 55. The object of the 
restriction mentioned [that the tenant can only claim for quantities which shall 
not exceed the average of three years jnevious to the last year of the tenancy] 
appears to be a fair and reasonable one, and does not oust his claim to 
compensation, but only subjects it to equitable cond;t;o:is. 
