ISTER-A-LAW, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, Author of " A Treatise on the Law relating to Inclosures and Rights of Common," LONDON: V. & R. STEVENS AND G. S. NORTON, (Successors to the late J. & W. T. CLARKE, of Portugal Street,) MDCCCL. PREFACE. VERY frequent employment by the Tithe Commission, to adjudicate upon the prescriptions that passed in review before that Board, has taken me during the last ten years into every part of the kingdom, and placed me in contact with most of the practical agriculturists of England. I have attempted to utilize my opportunities by the production of the following work. Written contracts, whether in the form of agreements or leases, are grown into more general, but still not into very general, use throughout the kingdom. The ordinary class of farmer-with not too much capital, no exuberant enterprize, and little confidence in new systems, but with considerable shrewdness and great talent for bargaining-prefers the elasticity of a parol contract. Reductions of rent, allowances for improvements, and the lax culture obligations of the custom of the country, are all opportunities for constant haggling, and, unless the agent be a very shrewd, hard man, for constant petty victories. No wonder that a simple verbal tenancy is preferred by this class, to security for improvements they never intend to make, and covenants for good husbandry precisely defined. Gradually, however, cunning must give place to wisdom; and this class of farmers must surrender to strangers, or must be succeeded by sons who have learned the necessity of an exact demarcation of their rights and obligations. Little advantages gained, small reductions, occasional allowances, are as nothing when compared with the vast yearly difference of produce raised from the same land, by a farmer who drains and highly manures and a farmer who does not. Yet he must be too improvident a man to be a good farmer, who should invest in the land capital sufficient for high cultivation, without some security that a change in the ownership of the estate (whatever well-founded confidence he may have in the present landlord) may not at any moment bring a notice to give up farm, improvements, and capital, and leave it all, uncompensated, to a stranger. If the modern system of husbandry is to progress until it becomes universal, precise written contracts must extend over the land with an equal pace. It will be conceded that a species of contract, which thus bids fair to control the management of all the land of England, deserves more special consideration than it could receive in those general works whereof it formed but a very subordinate subdivision. During the years which have elapsed since the idea of a book upon this subject was formed, and the collection of materials was commenced, I have applied to nearly all, and been refused aid by no one of the well-known masters of the very ancient art, but very modern science, of agriculture. If I have failed in the use of my materials, the failure is my own; for copious stores of information were always at my command. The few |