The Oskaloosa herald., 1913-10-02


of land. These latter, not knowing
the heart of the farmer, and anxious
to secure larger profits as well as
social recognition, are disposed to ad.
vance rents, sometimes beyond the
limits OF justice.
IL was largely to correct the abuses
that have grown out of this custom
that the land legislation of the last
thirty years has been enacted. This
Legislation (Which may be found in its
complete form in the Public General
Acts, 1909 endeaYors to conserve the
rights, first, of the i3fd; second, of the
Tenant; and third, of the landlord.
| The British law does not recognize
the landlord as the absolute owner of
the land. The spirit of the lad is best
stated by a definition given us by a
Scotchman who has given this subject
much study, namely: Land and all
that is in it and on il belongs to who
ever put it there" There is no ques.
tiOning of the means by which these
large estates came into the hands OF
the ancestors of the present owners.
The landlord has title TO the land it.
self, and in England and Scotland he
also owns the improvements which
he and his ancestors put there: but
there is recognition of the right OF the
tenant to remove at the end of his
lease without damage to the inter
ests of the landlord) any improve
ments he has been obliged to make,
and especially of his right to any fer
tility he may have added TO the land
during his occupancy.
For example, if he has bought stock
feeds. such as Indian corn, oil meal,
cottunseed meal. or any other meal,
and has fed it to stock, he Is credited
with the manurial value of that feed
until he has had opportunity to recov-
er IL during the term of his lease or
of his occupancy. Ii he has plowed
under cover or other humus material,
he is entitled to compensation in case
he is removed. This principles applies
to commercial fertilizers.
On the other hand, If he has sold off
the farm certain grains specified by
the law, the landlord has the right TO
sue him to recover the manurial value
of the feeds sold, or to demand that
by the tenant.
The landlord may not raise the rent
because of any increase in fertility
which the tenant may have put in the
land And If he does so without rea'
sons justified by good husbandry, ac'
cording to the custom of the country
! and neighborhood, the tenant may re-
cover not merely for the expense OF
removal, but for any damages that he
/ may have incurred. Tbs is called
I"suing for disturbances" When a
lease expires and is not renewed, and
/ the tenant actually leaves. he Is en-
| Titled to recover for any uneXhausted
maRures. This the landlord must pay
! He charges it up to the land. This
must be assumed by the incoming ten
ant the equities being determined by
Ian arbitrator, an expert in lands and
manures, appointed by the depart
Iment of agriculture From his decis'
ions there can be an appeal, and a
second appeal, but no more. This de
cision, II at all just, is practically
final.
This brings us to the very core OF
the matter, The tenant, being assured
lof payment for any unexhausted fer
tility he may have added to the land
is encouraged to do his best, and nat
urally desires to remain on the LAND
for long period, usually the Longer
the better. On the other hand, the
landlord, being indisposed TO pay the
debts of the land, is anxious TO retain
the tenant as long as possible, This
explains why the one year lease Il
something practically unknown eithe
in England, Scotland or Wales.
II also explains the fact, surprising
to us, that lands in these countries
usually maintain their fertility, Thi
was not the case prior TO the enact
ment OF these laws. Under the oil
j Continued on Page 81