The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-01-05 00:00:00

THE DIFFERENT

TENURES OF

AORICt7LTUIAL LAKD€.

A meeting of the Dorchester Farmers' Club wee held
last Saturday evening, at the Antelope HoteL Present :
Mr. .1. G. Homer (president), Mr. It. Genie (vice-
president), Mr. J. G. Andrews (bon. see.), Yr. J. F.
Hodges, Yr. J. Damen, Dr. Aldridge, Mr. J. Halpin,
Mr. A. Pope, Kr. IL Taylor, Mr. J. Hodges, jun., Hr.
T. C. /Saunders, Mr. T. Lock, Mr. Short*, Mr. 11. Pope,
Mr. J. Harding, Mr. H. Dunning, Mr. T. Chick, Hr. E.
Pope, Mr. Flower, and Yr. Groves. Mr. H. Pope, of
Preston, was .1.5444 a new member.

The -"death of Mr. Roberts, editor of the Dorset
Chronicle, having been notified to the meeting, it was
proposed by Mr. Gong*, seconded by Mr. J. O. Homer,
and carried unanimously, that the hon. sea do convey
to his widow the condolence of the club oath° irrepareble
lose she has sustained, and their best wishes for the
future welfare of herself and family.
The Pezeumer expressed his regret that through ill-
health Professor Beckman was prevented from reading
that evening his promised paper on the Dorset labourer.
Two gentlemen had written in the Tina on the paper
be gave at the last meeting, but what he said was
misconstrued. His object in that paper was simply to
show that labourers were better in cottages on the farms
than In those rented by themselves. The "Man of
Dorset," who wrote of the eastern part of the county—
nod he knew pretty well where it came from—said he
gave 10s. • week, but he took back Is. for rent, and he
expressed a hope that the farmers in other parts of the
county would give the same. But the labourers in this
part of the county were • good dcal better off than that
—(hear, hear). But that correspondent stated one
extraordinary thing—he said all his able-bodied labourers
earned 15e. • week from the 6th of April to the 10th
October. That he mould not understand. But in the
paper he read, he referred only to the demur labourer
Ling common labour. He hoped the subject of the
Donet labourer would be brought forward, sod he had
no doubt it would be shown that the agricultural
labourers here were as well off as the men doing similar
labour in any part of the oountry—(hear, hear). Ho
thee expressed the pleasure it afforded him to sell upon
Mr. Pope—a recently-elected member—to introduce an
important subject for diem/doe.
Mr. A. Pops then read the following paper :—The
subject which, in the absence of Professor Sugarman, I
am permitted to bring before you for this evening's
dia.:union, via, that "Of the different tenures of agri-
cultural lauds, and of the advantages and disadvantaged
attending the general modes of holding," is, I am sure,
• subject of the greaten importance to all who possess
any interest whatever in the soil of this country, and
more espeolally to the tenant farmer, whose niers of
sal:detains, may, in • large majority of cars, be said
to depend on the facility and security afforded him of
working the espital he pogroms' in connection with the
land he holds se lernouit You are doubtless all aware
that, in this cortry'where, wince the arguer, all lands
I are said to be "boldest," either of the crown of some
great feudal lord (who would probably have derived his
title through • grant from the crown), many different
tenures exist. Of these different tenures, I think you
will all agree with me that that in fee simple, is by far
the most advantageous to the owror ; but seeing that
most of the gentlemen whom I now have the honour of
addressing, are, unfortunately, powered of • much
smaller interest in the lands they occupy, than that of
the fee, I will pass over the most desirable mode of
holding, together with other modes such is, in tail,
gavel kind, for life, and the like, which you would pro.
behly fled equally dry and uninteresting, end proceed at
once to brim before your noting the following two
modes of holding lands, viz.: Ist, As tenant at rack
rent, under a lean for a term of years • and, second,
se tenant at rack rent, without such a lase, but hold-
ing simply from year to year, under a written or verbal
agreement. And of these two modes, I think, I shall
be able to show good that the former is attended with
so many advantages, both to the landlord and to the
trent, and tends, so very ooriderably to the p
of agriculture generally, that it is • matter ro°IITM:
greatest surprise that the lease system has not been
universally adopted. Now sir, I unsure you will agree
with me when I say, that when • man embarks • large
amount of capital, it nay be his all, in any businem
whatever, and an particular in a business like
that of farming, which is attended with so
many risks, he ought to have the greatest
security afforded him that be will have an
adequate return for the amount of capital he invests,
and a fair remuneration for the care, time, and labour '
expended by him in working such capital; and, I take
it, that it is as much the duty of the landowner as of
the land-occupier to to consider how this may be best
effected, for doubtless it is very much to his advantage
to have as his tenant • man of capital who is capable of
I improving the Mod, and by a judicious outlay, of irking
"two Wades of gram grow where one only formerly
, existed." Such of you, who In your travels, have
through those counties where the land is out up
LatiOldantall farms, varying from 50 to 100, or sometime.
Ito 150 acres, in extent, occupied by man of small
1 capital and limited education, who, like their fathers
land grandfathers before them, make more use of their
hands than of their beads, and who mostly hold the
lands they occupy as yearly tenants, cannot have failed
to notice the low etre of cultivation in shirk the lands
in such dinziets are invariably to be found, and to have
compared the sickly crops, overrun with rush grass,
the large tarts of land remaining andrained, the
unnecessary number of broad loose fences, and the
wastes remaining uncultivated, with the more flourish.
bag Grope, sent regularly eleanaed and comparative!,

free from efteh, the well drained =ref, and the fins
broad fields of the agricultural district where the farnis
are larger in extent, and the tenants a better educated,
more wealthy, and • better informed class of inn. haying
a return guaranteed them for the capital they may
' expend in improvement., in the share of en ititereat for
I term of years in the lands they cultivate. One will
1 naturially aak, how can this striking contrast be amounted
for' Is it that the lend in the former case I. naturally
less fertile, and the climate leas genial than in the
latter? No, far from it I these ars not the reason".
Take, for example, the lower perte of Boinereashire and
Devonshire, are the farms there in a higher sate of
cultivation than those in Norfolk or buffolk, and is the
land less fertile and the chirale loss genial in the forma
than in the latter counties? Better land one seldom
Ines, and a bettor climate (for neland) one cannot find,
than luau, south-weetern counties, bu• yet the state
of cultivation of the land—in each Goan in many
eases telly deficient. What, teen, may I ask, is the
Mg"? Why, the occupiers in the ODO ome are men of
education, ene-gy, and capital, generally possessing
more than an annual interest in the lands they cultivate;
whems the o.cupiers in the other cao are, with
few exeeptions, men holding at the will of
their landlords, under from year to year agreement.,
small =reels of land, encumbered with numerous and
broad fenced, badly drained, and who are as a rule
=mem= of but little capital, or even should they be
men of capital, who have not the heart to expend any
of their hard gotten gains in the improvement of lanai
in erbieh they have so small an interest, or in the
purchase of modern agricultural machinery, but ere
content to go on in the same humble way as their
fathers did Wore them, and instead of giving their
children the advantage of a liberal education, no essential
in these rapidly advancing times, are content to bring
their eons up en they themselves were brought up, to
hold the plough or use the spade. And what sir, may
lank, is at the very root of this evil ? Why the small
inducement which such temente have to do otherwise.
From the very day he enters on his tenancy, the tenant
at will, for • tenant from year to year is but • tenant
at will, is ciontintally preparing to quit, not knowing et'
what moment he may receive • notice from his landlord
so to do ;thus he begins by over-cropping and exhausting '
the land, and doing so little to manuring, cleansing, and
improving it, that eventually he beats himself, the land
becomes so exhausted as to be unable to produce
sufficient to give hint a retain for his smell outlay and
labour, his rent becomes in arrear, and he is ultimately
obliged to leave his farm, which the owner can only let
falzi at a reduced rentd. I do not say that this is
it. as. with yearly tenant., mom mast ham
come under the notice of indictee of you, where, farms,
although let from year to year, are well eultiessed, but
good farming by yearly tenints, with limited means,
and with do small AD interest in the land, is I say as a
rule, the exception and very seldom met with. A man
to do justice to the soil he cultivates, must, in this age
cd steam ploughs and agricultural machinery, be a man
of capital, education, and judgment, lie must not be
curbed in his actions, but must be enabled to keep pine
with the rapid progress which is from day to day taking
place in the aviculture of this country, he must have
some mem* that the large amount of capital, which
it is essential for him to expend before he can
get his farm properly stocked. (and you all know the
effect of having& farm insufficiently stocked), his land
in a sufficiently high state of cultivation, and Co keep
it in that state, will some day be repeal him with
interest, and with interest at such a rate as will
compensaite him for the labour, toll, anxiety and risk,
to which ho has been put ; and this can only be done,
by such an interest in the land on which he haa inveeted
his capital being bemired to him, will enable hire to
receive back, in the shape of mope of increasing value,
the money he has so expended. It is, undoubtedly,
much to the landlords benefit to have his estate well
managed and thus generally improved, and although
under • Isms, he may not derive any inunediete
pecuniary advantage from each improvements, yet he
cannot ultimately fail to do so ; hut under the lease
system In addition to his being thus ultimatelybenefited
be also desires an immediate pecuniary advantage, for
lands let on lease Invariably command • higher rental
than lands let from year to year. In my own experience
I have often found tenants willing to pay an additional
rent of from £5 to 10 per cent on having a lease granted
them for a moderately long term, for under a lease,
they are fully aware, that they lime more than an
equivalent for such additional rent, in the shape of
security for jadictious outlay, security of possession, •
sure reward for industry and enterprise, and a strong
Inducement to benefit themselves, and consequently
their landlords, by Improving the land, and making it
more fruitful, then if they were merely tenants from
year to year ; so that the landlord is benefited by on
additional income and an estate of increasing value, and
the tenants steers larger profit., than when they hold
from year to year. I have often heard it argued that
on the whole the lease system is more t the ...Banter)
of the tenant than of the landlord, and that landlords
have a dread of getting disagreeable and litigations
tenants on their estate., who may be • source of great
annoyiume to them,sior tenants who either through
being unexperienced, or unwilling or incapable of ex.
pending, the necessary amount of capital to keep the
land fully stocked, and in • high state of cultive-
bon, might, and probably would, during a long term
of years, do material damage to the estate; or in case of
• succession of "bed" times, would be unable to pay
their rents, and consequently the landlord would have
the farm thrown upon his bends witn a possible loss of
rent. But surely neither of these cases need occur in
this county, where every landowner knows that when
he has a farm to let, he need not go far from home, to
find many good and so•pousible men, men of education,
position and capital, who would be only too ready
to become his tenants, and in very many cases
the name alone would bee sufficient guarantee that the
man in whom he places his confidenee would not abuse
le. and wham a landlordism, a. io tiii.eeseay eadoabt-
• possesses, the privilege of choosing from among no ,
many respectable and responsible tenants, I cannot bet
that he alone would be to blame, were he to choose
one whom he afterwards found to be unworthy of the
confidence he had reposed in him. Another objection
that Landlords often have to granting leans for long
terms of years, is, that the tenant to whom the lease
is granted, and who may himself give his landlord
entire satisfaction, might die long before the expiration
of his lease, in which case the landlord might, much to
his annoyan3e, have the executors or administrators
of the deceased, who may be a very different men to
the late tenast, forced upon him as tenants for the
remainder of the term. This, objection, however,
might edgily be got over, by inserting • provision in
the lease, by which the term might be determined,
within a reasonable time, alter the death of the tenant,
ao that if the landlord should object to his late tenant's
personal representatives' or to the buneees being
serried on for the benefit of his widow and children,
should he have left soy, he might, after due notice, put
an end to the term ; and almost every lease containsa
proviso against under-letting or swinging away
by the tenant, of the remainder of his term, without
the consent of his landlord, so that the landlord would
be protected against any such change during hie
tenant's lifetime. A good deal has been said about
tenants having confidence in their landlords, and that
as yearly tenants they are just as secure from being
turned out of their farms, no long as they pay their
rents, and cultivate the lands fairly, as if they farmed
on lease. Thin maybe, and lain ears that very seldom
in this society at least, haa • tenant found
MODS to doubt his landlord's word, happily amongst no
their word may, with hardly a single exception, be
as their bond, and also on the subject of
IVOIi
"Tenant right," which professes to give to the outgoing
tenant • satisfactory equivalent for =recovered outlay.
But which of you. may I ask, would be sufficiently
reckless to lay out large corns of money he the improve-
ment of property, from which you stand ever so small a
theme of being ousted at • you'. notice, when it would
take you many years to repay yourself the capital ea
sunk out of the profits of the land. The tenant right
may, to • certain extent, be • protection, but then it
unnecessarily locks up the capital of the incoming
tenant, and is fax from satisfactory to either party, as
the real value of the improvements executed be the out-
going tenant can seldom be so accurately ascertained as
to fairly compensate him for his labonr and capital
expended, and the incoming tenant seldom thinks he
pis an equivalent for the money he pays. (Since
writing the above, I have had my attention drawn to a
pamphlet written by the labs Mr. G. J. Wood, entitled
" Leases, tenant rights and corn rents," where, speaking
from his greet experienos, he seems to have satirists=
• different opinion. as to the desirability of a tenant
right in lieu of • lease, from that just expressed by
myself, and the arguments he makes use of in support
of his views are well worth your careful consideration.)
Baring thus brought before your notice the several
advantages and disadvantaged, both to the landlord and
tenant, attending the lease syrtem, I will, with the risk
, of trespassing too long upon your time, now endeavour
to state se concisely as pantile what oovenants end
provisions should be inserted in the lease, and also to
mention some which, although often contained in leases,
might, mach to the advantage both of the I.selovrner
and the land menpier, be omitted. And first I would
say generally that the object of the lease should be to
give the tenant the greatest possible intereet in, and
control over, the land he occupies, no that he might be
able to treat it and =ldeate it with unfettered bands
precisely as if it were his own, and to secure to the
landlord the cultivation thereof in • good and heal:and.
like manner daring the whole continuance of the term.
In order that both these objects may be effected, the
lease should be for a term of not less than 21, or 14
years at the least, end I would suggest that stringent
provisions should he introduced, compelling the
' tenant to farm as highly during the last two
years of his tenancy, as he did during the former
I part of It, and to have the farm in a good
state of cultivation at the end of the term; for this
I continually preparing to quit. and having "a pull," as
1, ills called, is most detrimental to agricaltarel progress;
the land having been once got into a high state of culti•
vation, should not be allowed to go beak, whenever a
tenant thinks fit to quit his farm or his landlord to tarn
him out, but some mode sbould be devised by which,
the outgoing tenant might receive fall compensation for
his =exhausted outlay, without being =Ned to pull his
farm to pieces to enable him to do so. The lease thoald
contain • covenant by the tenant, for payment of the
rent— such rent to be graduating according to the
varying prise of corn—an proper clauses of distress in
ease of non-payment, a proviso for r•-entry on the death,
bankruptcy, or insolvency, of the tenant or on breach of
any of the covenants contained in the lease; the usual
husbandry clauses an to the course of oultieation, which'
should be regulated to a certain extent, by the custom:
of the country, but those Mamas should not be each es
to deter the tenant from exercising • fair dam-mien as
to the course of cultivation he would pursue ; and
covenants not to convert pasture land into tillage, nor
underlet nor assign away the term, without the land.
lord's eonsent ; and I think that the lame might fairly
contain • clause, giving the landlord compensation for
bed management. The landlord should covenant to keep
the farm buildings in good tenantable repair, during the
term, and to provide necessery and proper timber for
tenairing, gates, pose and fences, mach latter repairs
bang done at the expense of the tenant ; for new vies,
when required, I think it fair that the tenant should
pay one half the mat, and the landlord the other half.
As regards thatching. I believe it is usual in this county,
for the tenant to provide reed which In put on at the
expense of the landlord. A source from which endless
disputes, between landlord and tenant, have arisen is
with reapect to the reservation of the game. I think the
landlord might fairly expect to have a right of sporting
over his land (although, perhaps, not exclusive right)
resereedtohim, and were Lmilords snore generally to divide
this right with their tenants, I am sure that they would
find, except, perhaps, on these estates where landlords

preserve highly and annoally pay large souse In there
tenants, by way of oompeamtion for denage doe. to
their craps, that inttemi of lieeliag lee Keine when
they wasted a day's sport, they would lint it much
more plentiful, at the teoaat having an interest thereie
It would bee. much to his advent toe, as to that of the
landlord, to keep • fair amount of game on Wee farm to
which end he would become both hie own arid his land-
lord's keeper. If, however, the landlord reserves to
himself the missive right of sporting. I think the
tenant might fairly expect to Lave proper clauses inserted
In the kw, protecting him against damage done to the
mops by game and rabbits. I fear it would take me a
long time to eaucterate the many provisions which are
too often hearted in agricultural leases, which might,
much to the benefit of both lannlord and tenant, be left
out; some of these are : Covenant; not to rent another
farm, as to folding sheep on particular ground in wet
and in dry weather, not to keep more than •
certain amount of stook at a time, not to
plant potatoes, nor mow Glover, nor water
meadow grasses but to spring feed them, and
all those covenants which are lie remains of the old
tad.' system, but which are sometimes seen in modern
lease, each al comenthes to keep a dog for the landlord,
to do. certain number of days team work, annually,
Ice bins, to provide him with straw gratis, and such
like- The lame Welt should be as concise and simple
as possible, and the cod thereof should be borne equally
by the landlord and tenant. I feat that, I have
brought this subject but very imperfectly before you ;
mush more might be said thereon, and doubtleat many
fresh points will be broutht forward by the diminution
which will now follow. Toere lace undoubtedly many
gentlemen present who from their greater experience
are far better able to treat on this subjebject than my•
self, and for this reason, I cannot but feel doubly grate-
ful, for the very patient and indulgent manner In which
you have heard me. I beg Mr. President and gentle-
men to leave the subject in your hands.
The VICI-PILWAIDLIIIT said his experience of a leave
was none at all, but he quite 'treed with Mr. Pope on
that subject, and be thought the lecturer had expressed
himself most correctly on almost every point. The
question raised was • very important one, and required
a good deal of 000sideration when • man was about
taking a farm. He was one of than fortonate—or us.
fortunate —men, • tenant•at-will, both, must say that
be did not farm with any " want of confidence." He
was happy to have greet confideoce in his landlord (the
Earl of 'Whetter), and hoped it would always continue;
still, slier all, in a business point e 4 view • lease was
the correct thing—(mar, hear)-111011the life is uncertain
—the bad of landlords mast die, and the best of tenants
is but mortal, and although there are many good land-
lords in this *panty, with whom they were quite sale
se lam as they lived, bat, a. they were aware, It woe a
rule with some landlords that no widow should hold a
farm, In such oases a system of teuantright was
imperatively necessary. It was the custom of his
landlord. and of the family, that when a tenant died, if
there was any relative eligible to succeed him, be was
almost iervoriably chimes'. That. he thought, we. •
most excellent principle. Mr. Pope toothed on the
question of repaint, on which subject he (Mr. Gongs)
Vohs at lb. Previous meeting, saying be considered a
tenant should do half the repairs, an that gave him an
Interest in seeing there was no naneireavary outlay.
With regard to agreements the common tense rule was
WU generally the °Correa one, if the tenant quitted the
farm as he entered it nobody could ho injured—(hear,
hear).
. . .

0. J. AIIIDIEW6 did not not altogether coincide
with Mr. Pope in his observations on the superior
advantages of "1.. simple," aad be impressed his opinion
In the followinejee mot
leo ample or. simple/es,
Or any fee in fad.
Is not to be tronnwroa with thee,
Thou bewt of feu, felnale.
--(laughter).

me Pulapurr said the question of leeee or no lame
warn a very interesting one. 11. had been forty years
save one a tenant of his landlord and bad never bad •
leaee or an agreement, but he had confidenoe, and there.
fore be farmed ethetly am if he hada lease. Bet it was
not the lot of every man to rent under landlords who
never made a change, except, as Ur. Genge said. from
father to son, or Nome other relative. As • general
principle • certain tenure was the security required, for
, no mail would cultivate hie farm so well's he would other.
, wise do if he was hi yearly expectation of being turned
out of it, or of having his rent increased
(bear, hear). With regard to tenant& dying, he
thought the widow, or other representatives
of the deceased, should hold the farm more
than • year, as without • tenant right, if the land
bad been cultivated in • proper way, the family would
not get the benefit out of it they ought. He thought
the term should be at least two years. He advocated a
system of tenant-right, no that at the end of • lease the
out-going tenant should be paid for the unethausted
manures he has used. With regard to quitting, he
considered that if • farm was on the four-field system,
the tenant during the last four years should only be
allowed to Dow half his land, so that the incoming
tenant would find everything in the regular course. As
to corn recta he did not think it was a system applicable
to this comity, and he approved • fixed rent for a term.
With a rent obtained by corn average* too, it must be
remembered that the averages of the kingdom which
were used were very likely to be higher than the local
market'. As to repairs he thought it a fair arrangement
for landlord and tenant to share the omit of the labour.
With respect to game it was a man's own fault if he
took such a farm. No mars would doll at a rack rent,
and the treat dispute hal always been as to valuing the
damage done by game. He enlarged on the difficulty of
estimating such damage, and said the rabbits should be
the tenant's property and not the landlord's, then they
could be kept down. The damage done by other game
should be ealculeited in the rent when taking • farm.
Mr. T. Lone and he bad. lease for 4, 8. or 12 years.
which he considered no lease at all, and now be wan •
yearly tenant. He had • good landlord, and all required
was remuneration on quitting a farm for unezhausted
manures. . . . .

Dr. ALDZIDGE [Side II few remanks in advocacy Of

Mr. T. C. &risings supported the WM principle,and
as to the management of • farm he thought it would be
be sufficient to require • tenant to adopt • regular
system two years before quitting.
SOM. eonversation took place on the impoldbility of
bringing • farm on the field system into rotation unless
(twee begun four years before leaviog.
Mr. POPI briefly replied on the remarks made on his
roper.
A oordial vote of thanks to the lecturer, moved by the
President, and seconded by Mr. J. P. Hodges, closed the
proceedings.