190
LAND OCCUPIED BY FARMERS
live interests having been mutually considered, their agree-ment constitutes the terms or specific articles of the lease.On this plain principle depends the connexion between land-lord and tenant. The capital invested by the cultivator, therent he pays, his skill and labour, the contingencies, andchance of loss that may arise from the inclemency of seasons,must all be compensated by the value of the produce of thesoil. Where this principle is fully understood and actedupon, both proprietor and tenant will be placed in the mostfavourable situation of which the nature of the transactionadmits But where that is departed from, the interest of theone, or of the other, or perhaps of both, must suffer, in pro-portion to the degree of aberration from that equitable line,which so distinctly marks their respective rights and obliga-tions *.
In granting leases, besides the rent, a subject to be after-wards discussed, two particulars arc generally attended to bythe proprietor: 1. The duration of the lease; and 2. Theregulations of cropping, manuring, and other covenants.
1. Duration of the lease —When the land is arable and ge-nerally fertile, a lease of only a moderate duration is usuallygiven. Where the soil is inferior, and a considerable pro-portion of the surface uncultivated, a much longer lease is re-quired. Where the ground must be improved at a very greatexpencc, by inclosing, under-draining, and manuring; orwhere it is very rocky, by trenching with the spade and mat-tock,—either the rent must be very low, or the lease verylong. A landholder, who is poor, naturally wishes for a con-siderable rent, but will grant a lease of long duration. If hebe rich, and zealous for the improvement of his estate, he willbe contented with a more moderate rent, but is seldom willingto give a very long lease. In fact, a lease of nineteen years’ du-