UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ESTATE MANAGEMENT. ESTATE MANAGEMENT. A PRACTICAL HANDBOOK FOR LANDLORDS, STEWARDS, AND PUPILS. W&ity a S*pl Siroiement ^1 a i&ttister. ALSO TENANT RIGHT FROM A LANDLORD'S POINT OF VIEW. BY CHARLES E. CURTIS. LONDON: "THE FIELD" OFFICE, 346, STRAND, W.C. 1870. e LONDON: PRINTED BY HORACE COX, 346, STRAND, W.C. TO GEORGE ARTHUR JERVOISE SCOTT, ESQ., OP ROTHERPIELD PARK, HAMPSHIRE, THIS WOEK IS MOST RESPECTFULLY DEDICATED BY THE AUTHOR 793683 PREFACE. IN order to obtain the necessary knowledge for the good conduct of an estate, it is now generally admitted that a thorough and complete course of study must be undertaken. During an experience of several years of the requirements of those engaged in such study, I have found the want of a practical handbook which should place before them an out- line of the various branches of estate management. The following pages are an attempt to supply that want. Whilst endeavouring to treat of every important branch of work connected with the management of an estate in an agricultural district, I have not aimed at exhaustive and elaborate discussi'on. Such a mode of treatment would have tended to repel, instead of attracting the persons to whom the book is primarily addressed. If I have succeeded in putting before the pupil such an outline of the matters with which he must be acquainted as shall induce him to take a more intelligent interest in his work and to study other treatises upon the different branches of it, my object will have been attained. He who intends to qualify him- self for such interesting and responsible work as the care and oversight of landed property must, in these days of keen competition, give up the idea that he need only abandon himself to the pleasures of a country life, and that all needful information will be picked up by the way. An out-of-door life he can, and should have ; but it must be a life of practical observation, and of observation directed to Vlll PREFACE. its object by such a knowledge of principles as is only to be obtained by a study of books. But although my principal object has been the one thus indicated, I trust that the work may be found to be of a sufficiently practical character as to make it of some service to the profession generally. In conclusion, I have to express my thanks to my friend and brother-in-law, Mr. Frederick Green, M.A., of the Chancery Bar, who, during a leisure enforced by ill-health, has kindly prepared for me some chapters upon the law relating to estates and estate agents. I have also to thank my father, William Curtis, of Alton, for the section relating to Geology. C. E. C. " Deanyers," Farringdon, Alton, Hants, 1879. TABLE OF CONTENTS. CHAPTER I. LETTING AND LEASES. SECTION 1. Introductory Remarks. Page Landlords and farmers 1 General duties of land steward in selecting a tenant 2 Fixing the rent 2 Fictitious rents 3 Making terms with the tenant 4 SECTION 2. The Form of the Lease. Example A. : Agricultural lease by deed for a term of years from Michaelmas 5 Leases when a deed is not necessary 14 Example B. : Agricultural lease by memo, of agreement from year to year from Lady-day 14 Agreements to grant or accept leases 21 SECTION 3. The Subject Matter of the Lease. Analysis of contents of lease 22 Name and description of farm 25 Trees and underwood 25 Game 25 Minerals 27 Payment of rent 28 Rates and taxes 28 Tithe rentcharge 30 Eepairs 34 Insurance... 35 X CONTENTS. Page Cultivation 37 Consumption of hay, straw, &c 38 Compensation and rights of lessee at expiration of term 39 Lessee's power of re-entry 41 SECTION 4. Compensation for Unexhausted Improvement. Agricultural Holdings Act, 1875 42 Erection of buildings 44 Laying down of permanent pasture 45 Making and planting osier beds 46 Planting hops 47 Eeclaiming waste land 47 Chalking land 48 Claying land 48 Clay burning 48 Boning land 49 Liming land 51 Consumption of cake and other purchased food 53 Application of artificial manures 54 Advice to land stewards 55 CHAPTER II. FARM VALUATIONS. SECTION 1. Valuation Generally. Valuation from outgoing to incoming tenant 56 Valuers, their appointment and procedure 57 Valuation of tillages 59 Allowance of rent, rates, and taxes 61 Michaelmas valuations 62 Growing corn 62 Boot crops 63 Preparation for wheat : Fallows 63 Clover leys 64 Clover and grass seeds 64 Straw and hay 65 Farm yard dung 66 Lady-day valuations 66 Half tillages 67 Wheat crop 68 Seeds 68 Sainfoin roots 69 Survey of dilapidations 70 Fixtures . 71 CONTENTS. XI SECTION 2. Page Rules for ascertaining weights of hay and cattle and contents of ash heaps 71 SECTION 3. Forms of valuation 76 CHAPTER III. FORESTRY. SECTION 1. Timber and Timber-like Trees, their Propagation, Treatment and Uses. Oak 83 Elm 87 Wych elm 88 Ash 89 Beech 91 Horse chestnut 94 Spanish chestnut 95 Walnut 96 Poplar 97 Birch 99 Alder 100 Lime 101 Sycamore 103 Plane 103 Willow 104 Osier 105 Elder 106 Trees grown principally for ornament 107 SECTION 2. The Coniferse, or Cone-bearing Trees, their Propagation, Treatment, and Uses. Larch 109 Scotch fir 114 Common or Norwegian spruce 117 Common silver fir 118 SECTION 3. Timber Measurement. Measurement of standing timber 120 Measurement of sawn timber 122 Summary of rules with examples 123 Instruments used in timber measurement 125 Sliding rule, its description and use 127 Xll CONTENTS. SECTION 4. Sale of Timber. Page Sale by public auction 129 Sale by bill of exchange 131 Sale by tender 134 Private sale 136 CHAPTER IV. UNDERWOOD. SECTION 1. Underwood and its Management. Underwood as a source of income 137 Sale of underwood 138 Cutting and sorting underwood 139 Time for cutting underwood 139 Underwood in the hands of a tenant 139 The planting and protection of underwood ... 140 Tables for calculating number of plants required for planting different areas 141 SECTION 2. Plants Suitable for Underwood. Hazel 143 Sweet Chestnut 144 Ash 145 Oak 146 Maple 146 Willow 146 Beech 146 Birch 146 Other varieties 147 CHAPTER V. FENCES. SECTION 1. Fences, their Varieties and General Management. Economy of good fences 148 Planting of new hedges, preparation of bed 149 Time and mode of planting 150 Management of old quick hedges 151 Grubbing hedges 152 Trimming hedges 152 CONTENTS. Xlll Practical hints as to hedges generally 152 Dead fences of different kinds 153 Post and rails 1 53 Park paling 154 Scotch fence 154 Other kinds of wooden fence 155 Wire fencing 155 Continuous iron fencing 156 Walls 156 Tables for calculating the number of plants requisite for planting 158 SECTION 2. Plants Suitable for Fences. Common thorn 159 Beech 161 Hornbeam 162 Holly 162 Furze 163 CHAPTER VI. GRASSES SUITABLE FOR WOODS AND PLANTATIONS. Selection of seeds 165 List of useful grasses 165 Mode of sowing 166 Treatment of rides in woods 167 CHAPTER VII. THE HOME FARM. Land steward's relation to the home farm 168 Experiments on the home farm 169 The bailiff and his duties 170 Labourers 172 Annual valuation 173 Supply of produce to the honse 174 Live stock 1 74 Dairy cows 174 Fat stock 175 Store and young stock 177 Sheep 177 Lambing 1 79 Sheep feed 180 Horses 181 Pigs 184 Poultry 184 xiv CONTENTS. Page Farm yard manure 185 Seeds 189 Hay 190 Harvest 192 Implements 193 Ear-marking cattle for purposes of registration 194 Top-dressing experiments upon grass land 195 CHAPTER VIII. REPAIRS AND MATERIAL. Repairs generally, clerk of the works 198 New erections, farm buildings, tanks, cottages 199 Material, timber and mineral substances 204 Utility of geological knowledge 204 Granite 208 Slates 209 Trap or greenstone 209 Sandstone 210 Limestone 211 Malm rock 214 Chalk and lime 214 Sand 217 Mortar 218 Cement 218 Concrete 219 Bricks and brickmaking 220 Tiles 224 CHAPTER IX. REPAIRS AND MATERIAL (continued.) RULES FOR ESTIMATING AREAS AND CAPACITIES. Area of barge roof 225 Hipped roof 225 Circular roof 226 Area of brickwork 226 Capacities of tanks 226 Examples 227 CHAPTER X. THE BLIGHTS OF WHEAT AND OTHER CERELS. Vibrio tritici, " burnt corn," or "earcockles" ... 229 Cecidomyia tritici," wheat midge " ..' 230 Uredo segetum, " black head " 230 CONTENTS. XV Page Uredo caries, " smut " 231 Uredo rubigo, " red gum" 231 Puccinia graminis, " mildew" 231 Secale cornutum, " ergot of rye " 234 CHAPTER XI. ACCOUNTS. SECTION 1. Farm Accounts. Accounts kept by bailiff 235 Journal 235 Cash book 235 Labour book 236 Inspection by steward 236 Steward's ledger 236 Farm balance sheet 237 SECTION 2. Estate Accounts. Clerk of works accounts 239 Forester's accounts 239 Steward's estate accounts 240 CHAPTER XII. USEFUL RULES OF ARITHMETIC AND MENSURATION, 242 ESTATE MANAGEMENT. CHAPTER I. LETTING AND LEASES. SECTION I. INTRODUCTORY REMARKS. LANDLORDS AND PARMEES GENERAL DUTIES OP LAND STEWARD IN SELECTING A TENANT FIXING THE RENT FICTITIOUS RENTS MAKING TERMS WITH THE TENANT. ONE of the striking characteristics of our English social Landlords system is the distinction, so generally prevalent that it is frequently regarded as a part of the natural order of things, between landlords and farmers. The owner of the land scarcely ever farms it, which is the same thing as saying that the person who does farm it is scarcely ever the owner. Whether this fact is due to the inevitable operation of the land laws, or of some special tendency or economical force which prevents the same person from being at once the owner of the soil and the possessor of the skill and capital necessary to develope it, we need not now inquire, although it may be observed, in passing, that the latter cause is the more probable. For the person possessing the requisite skill to conduct successful farming operations, requires, and B 2 ESTATE MANAGEMENT. CHAP. I. ought to have, a large return on his capital and industry Introductory which he is obliged to employ and to risk. Assuming that Remarks. ne nas 8ucn a return, he will probably decrease it by invest- ing part of that capital in the purchase of the soil, because the soil is generally bought up by persons in a position which enables them to give such a price for it that it will, as an investment, yield only a very small return; con- sequently, their competition will prevent the farmer from obtaining it at a price which will make it for him a remune- rative purchase. And, if it is thus clear that there are obstacles in the way of the farmer becoming a proprietor, it is equally clear that there are causes which prevent the proprietor from becoming a farmer. In the first place, his education does not specially fit him for the work, and, in the second place, the amount of ready money required is often beyond his reach, in spite of the position of apparent wealth which he occupies. The natural course for him to adopt is to insure the proper cultivation of his land by letting or " leasing " it to another in other words, by parting temporarily with the possession, reserving to himself a "rent," or sum of money for the privilege granted. General The " letting " of land, then, forms the most important steward in* an< ^ responsible of all acts of the land steward. It is, in selecting a fact, what answers to the investment of an employer's capital, and it is as necessary to the proprietor that his land should be let at a full rental to responsible persons, who will make the most of it, as that his money should be invested at good interest and on good security. It is the part of the land steward to obtain a person capable of fulfilling the duties requisite to the full develop- ment of the land ; and he must select a man with a thorough knowledge of agriculture, with sufficient capital, and also a man of sound moral character. These qualities are abso- lutely necessary to bring about a satisfactory arrangement between the parties. Fixing the It will also be the duty of the land steward to advise his rent. LETTING AND LEASES. employer with reference to the amount of the rent which is CHAP. I. to be asked for the land. Rent is the annual sum made introductory payable to the landlord by the terms of the lease or agree- ment. Correctly speaking, a fair rent is that amount of money which the tenant should have in his hands after deducting from the receipts of the farm the expenditure such expenditure including a fair interest upon the tenant's capital, and a reasonable remuneration for his skill and labour. Rent, however, is subject to be modified by many important circumstances. The demand for farms constitutes the principal of these; there are also the sporting rights connected with the land or the district, the proximity to railways, and other means of transit, to towns or schools, and many other circumstances of this character. When these modifications are pressed too far, to the dis- ' Fictitious" advantage of the tenant, the rent becomes " fictitious," and it is such a pressure which a wise land steward will endeavour to avoid. " Rack " rent is the full rent, i.e., the highest rent which the land will yield, after allowing the tenant a fair return, taking seasons into consideration. A rent beyond this is " fictitious." When fictitious rents are obtained, the landlord's property is as unsafely dealt with as is the property of a capitalist invested on risky securities. Not only does he run the risk of non-payment of his rent, but he also must be prepared to see his property depreciate, the land becoming less productive by over and injudicious cropping. These fictitious rents are, however, very tempting to needy landlords, and are often willingly asked, when the farm in question presents some unusual attraction. As a rule, however, they lead to disappointment, and ultimate loss. Consequently, the influence of the land steward should be used in favour of asking such a rent as the land will fairly produce, taking into consideration adverse seasons and losses. If this is done, the rent may be looked upon as a permanent income; and to secure this per- manence of his income, a landlord may well be satisfied with a somewhat lower rent. B 2 4 ESTATE MANAGEMENT. CHAP. I. The novice in his profession, who has found a tenant Introductory willing to give the required rent, and fulfilling the con- Remarks. ditions already referred to, may perhaps think that his Making terms work is done, and that he can leave the preparation of ^ ne necessar y formalities in the hands of the solicitor. But no mistake can be greater. For the steward should be able, not merely to criticise and to amend, by his sugges- tions, the draft agreement or lease submitted to him by the solicitor, but he should possess such a knowledge of the form and usual contents of an agricultural lease as to be himself able to draw up, out of his own head, a memo- randum which shall express all the material part of the stipulations and covenants which are to be inserted in the lease. We would be the last to advise him to dispense with legal assistance in the granting of leases, or to commit himself or his employer unnecessarily by the signature of informal agreements. But it may be often necessary to bind the intending tenant by obtaining his signature to a memorandum containing the heads of the proposed lease when there is neither the opportunity nor the desire to refer to a solicitor ; and in any case, unless he has the matter so thoroughly at his fingers' ends that he can discuss in the first instance with the applicant the leading provisions which he intends to have inserted in the lease, he may probably experience the annoyance of finding, when the negotiation is far advanced, that there is such a material difference between the views of the parties as to necessitate concession on his part or the breaking off the arrangement. The student who thoroughly familiarises himself with such simple legal principles affecting this matter as are con- tained in the supplement will be at a great advantage ; for such a knowledge will materially assist him in informing him how far he may rely upon the law of tenancy, and how far it is necessary to protect the landlord by contract. SECTION II. THE FORM OF THE LEASE. EXAMPLE A. (AGRICULTURAL LEASE BY DEED FOR A TERM OP YEARS PROM MICHAELMAS) LEASES WHEN A DEED IS NOT NECESSARY EXAMPLE B. (AGRICULTURAL LEASE BY MEMORAN- DUM OP AGREEMEENT PROM YEAR TO YEAR PROM LADY-DAY) SUPPLEMENTAL AGREEMENT FOR COMPENSATION OP OUTGOING BY INCOMING TENANT AGREEMENTS TO GRANT OR ACCEPT LEASES. BEFORE making any observations upon the different subjects CHAP. I. to which the lease relates, we would ask the student's atten- The^Formo tion to at least, one of the examples of leases given in this the Lease. section. Familiarity with the form and substance of a single good example will do more to enlighten him than any amount of general observation. We shall proceed in the first place to give in extenso the lease of a farm which was carefully considered, and which after it was settled for us by counsel, appeared to be a clear and useful form. In the books upon the subject shorter forms may be found, but for the purposes of study it seems better to select an example in which may be read a plain and full expression of a farming agreement ; and to give in the form of marginal notes an outline of its terms. This out- line will serve as a basis for such general remarks upon the subject matter of leases as will be made in the next section. EXAMPLE A. AGRICULTURAL LEASE BY DEED FOR A TERM OP YEARS PROM MICHAELMAS. THIS INDENTURE, made the day of 18 between i. Date and Abraham Broadacres, of in the parish of in the pa city of , Esquire (hereinafter called the " Lessor") of the one part, and Charles Digging, of in the parish of ESTATE MANAGEMENT. CHAP. I. Sect. 2. ni 3. Exception of derwood. with liberty to lessor to enter and fell 4. Exception of HbmJMo'lesscT to sport. 5. Habeiidum 7. And of penal in the city of , Farmer (hereinafter called " the Lessee ") of the other part, WITNESSETH that in consideration of the rents herein- after reserved, and the covenants by the lessee hereinafter contained, THE LESSOR doth by these presents GRANT AND DEMISE, unto * ne l essee > h* 8 executors, administrators, and assigns, ALL that messuage or farmhouse, and the several lands and hereditaments speci- fied in the first schedule hereto situate in the parish of in the county of containing in the whole 500 acres or thereabouts, known as Blackacre Farm, together with all rights, easements, and ap- purtenances thereto belonging, or usually held and enjoyed therewith r EXCEPT AND RESERVING unto the lessor, his heirs and assigns, a ^ timber and other trees, and wood, and (save as to the underwood mentioned in the second schedule hereto) all underwood which are, or ... ' is, or during the term hereby granted, shall be, upon the said premises, with liberty for the lessor, his heirs and assigns, and all persons autho- rised by him or them, at all seasonable times during the term hereby granted, with or without horses, carts, and carriages, to enter upon the said premises, and every part thereof, and dig, cut, fell, top, stub up, convert, and carry away the said timber trees, wood, and underwood r and to do all acts necessary or convenient for any of those purposes, and in particular, to have sufficient and convenient ground and room for laying down and stacking such timber trees, wood, and underwood,. AND ALSO EXCEPT AND RESERVING unto the lessor, his heirs and assigns all the game, woodcock, snipe, quail, landrail, rabbits, -wild fowl, and fish, upon the said premises with exclusive liberty for him and them, and all persons authorised by him and them, at all times during the term hereby granted, to enter and be upon the said premises for the purpose of hunting, sporting, and killing, or taking such creatures as aforesaid, and for all other reasonable purposes in connection therewith TO HAVE AND TO HOLD the premises hereinbefore expressed to be hereby demised unto the lessee, his executors, administrators and assigns for the term of seven years from the 29th day of September 1876, YIELDING AND PAYING there- for durin g the said term the yearly rent of 500/. by equal quarterly payments, on the 25th day of December, the 25th day of March, the 24th day of June, and the 29th day of September, in every year, the first payment to be made on the 25th day of December, 1876, and the last payment to be made in advance on the 24th day of June next pre- ceding the determination of the term ; AND ALSO YIELDING AND PAYING by like quarterly payments the additional yearly rent of 501. for every acre (and so in proportion for a less quantity) of land which being now meadow or pasture, shall, without the previous consent in writing of the lessor, his heirs or assigns, be broken up or converted into tillage, the said additional rent to be computed from such one of the said quarterly days of payment as shall immediately precede the period when such breaking up or conversion shall occur, and so that LETTING AND LEASES. 7 the first payment thereof shall be made on such of the said quarterly CHAP. I. days of payment as shall next follow the same period, and to continue Sect. 2. payable during the residue of the said term, and the last payment ^? form of thereof to be made in advance on the said 24th day of June next pre- ceding the determination of the term; AND ALSO YIELDING 8. And of pro- AND PAYING, in the event of and immediately upon the said term portk>nate pa rt . J r of rents in r-asi^ being determined by re-entry under the proviso hereinafter contained a the lease is de- proportionate part of the said several rents for the fraction of the current tweerTtwo 6 quarter up to the day of such re-entry, the said several rents to be paid ". And to de- will every year during the said term mow and destroy the rushes, j^af^r^and '' nettles, and other weeds growing upon the pasture lands or any fences. other part of the said premises ; and also weed the fences belonging thereto, to prevent the weeds seeding or growing thereon ; AND ALSO 28. And to shall and will keep properly clean all the water courses, ditches, under- c ' drains, and outfalls on the said premises ; AND ALSO shall and will 20. And to per- permit the lessor, his heirs and assigns, and his and their agents and ^V^to'view stewards, at all reasonable times during the said term, to enter upon the condition of said premises to examine the state and condition thereof, and to exercise pr the rights, liberties, and privileges hereinbefore expressed to be reserved. AND ALSO shall and will warn off all persons who, during the said 30. And to warn term, shall hunt, hawk, shoot, fish, or sport upon the said premises off poai without the licence of the lessor, his heirs or assigns, and give to the lessor, his heirs and assigns, notice of any person who shall hunt, hawk, shoot, fish, or sport upon the said premises ; AND ALSO shall and 31. And to per- will permit the lessor, his heirs, and assigns, in case any person or p^'aehersln "' persons shall, during the said term, hunt, hawk, shoot, fish, or sport name of Ies8ee - upon the said premises, to bring and prosecute any action or other proceeding against such person or persons in the name or names of the lessee, his executors, administrators, or assigns, and will not release or discharge any such action or proceeding if he or they are indemnified from the costs thereof without the written consent of the lessor, his heirs, or assigns ; AND ALSO shall and will, at the expiration or 32. And to de- other determination of the said term, deliver up the said premises and p^^sesat the all additions thereto, together with all fixtures, fences, walls, rails, gates, ?nd of the term stiles, drains, ditches, banks, bridges, and water courses for the time ' being upon or belonging to the said premises, except such fixtures and buildings as the lessee, his executors, administrators, or assigns shall 10 ESTATE MANAGEMENT. CHAP. I. be entitled to remove under or by virtue of any Act of Parliament Sect. 2. applicable to these presents, and which the lessor, his heirs or assigns, e ori, i gh a u no t have elected to purchase, in such good and tenantable repair as aforesaid, and in all respects in such state and condition as shall be consistent with the due performance of the several covenants herein- 33. And to leave before contained ; AND ALSO shall and will leave upon the said ou the premises . , . . , , ., , ., ' . , , at the end of the premises at the expiration ot the said term caretully stacked and terovuncon- thatched all unconsumed straw of the last preceding crop of corn, last crop (if ai- grain, or pulse that shall have been thrashed out prior to the expiration and unco? 8 * ' thereof, and also all unconsumed hay of the last preceding crop, such 8 aTor h b y iessor straw or ^ av to ^ e P a ^ ^ or ^7 * ne l ess o r i his heirs or assigns, or by the or incoming incoming tenant, by valuation to be made by two valuers or their valuation. umpires in the usual way ; AND ALSO shall and will as to so much of thrash'out the tne sa ^ ^ as * P rece( ii n g cr P of corn, grain, or pulse as shall not have whole of the last been thrashed out prior to the expiration of the said term, thrash out May next after * ne same in the said barns before the 6th of May next ensuing after the the expiration of expiration of the said term, having accommodation allowed to him or the term, having r accommodation them for that purpose iii accordance with the covenant in that behalf t^epurpose! tOr hereinafter contained, and will permit the lessor, his heirs or assigns, straw to be paid or the incoming tenant to stack and take the straw hulls, chaff, and manner. other litter and fodder therefrom, the same to be paid for by valuation 85. And leave as hereinbefore mentioned ; AND ALSO shall and will leave upon the premises with- sa *d premises all the muck, dung, and compost produced upon the said out compensa- premises and then unconsumed, without receiving any compensation for 36. Lessor the same. AND THE LESSOR for himself, his heirs, and executors, quIet U enj6y f ment an( ^ administrators, doth hereby covenant with the lessee, his executors, during term. administrators, and assigns, that the lessee, his executors, adminis- and to allow use . , of messuage, trators, and assigns, paying the said yearly rents and performing all the yards' u i p 1 to RtaCk covenaQ ts and agreements by the lessee herein contained, may quietly succeeding 6th hold the said premises during the said term, and may also hold the barns and stackyards for the laying, thrashing, and dressing of his or their last crops, and the said messuage or farmhouse, and also stabling or standing room for four horses until the 6th day of May next ensuing after the expiration of the said term without paying any rent for the 37. And to re- same ; AND ALSO that if the said messuage, farmhouse, stables, build m case of barns, sheds, cottages, and buildings, or any of them, or any new buildings or erections which shall be built or erected in lieu thereof, shall at any time during the said term be destroyed or damaged by fire, except by the wilful act, neglect, or default of the lessee, his executors, administrators, or assigns, then and so often as the same shall happen and within a reasonable time not exceeding one year thereafter, the lessor, his heirs or assigns, will at his or their own cost sufficiently rebuild, restore, er repair and complete the premises which shall be so destroyed or damaged except as aforesaid, or except the damage be of such small amount that the lessee, his executors, ad- ministrators, or assigns, is or are bound to make good the same in LETTING AND LEASES. 11 accordance with the covenants by the lessee hereinbefore contained ; CHAP. I. AND ALSO that the lessor, his heirs, and assigns, shall and will Sect. 2. throughout the said term, on the receipt of reasonable and timely ^yf F ^ rm f .. ... , ., , . , . ., , ., , , the Lease. notice in writing 01 the materials requisite for the performance of any repairing, lime washing, painting, or tarring, in accordance with ^- ^"j^^ the covenants by the lessee hereinbefore contained, provide and with specified allow on any part of the said premises or within a distance of j^ulreVf^ seven miles therefrom, all such converted timber, bricks, slates, rp p (lirs - tiles, lime, paint, and tar, as may be sufficient for the purposes aforesaid ; AND ALSO that at the expiration of the said term the 39. And to pay lessor, his heirs or assigns, or the incoming tenant, shall and will straw^hay"!^ pay to the lessee, his executors, administrators, or assigns, for the other produce ,, .at the expiration straw, hay hulls, chaff, and other fodder grown upon the said premises, of the term. and then being properly unconsumed or not threshed out thereon, such sum of money to be ascertained by valuation as hereinbefore men- tioned, such valuation to be made as to the said straw at fodder price, and as to the said hay and other materials at market price; AND 40. Andtore- ALSO shall and will take away and remove all straw to be thrashed u'cornes'fron? out by the lessee, his executors, administrators, or assigns, after the th e machine, expiration of the said term, as it comes from the machine ; AND ALSO 41 - And to pay shall and will pay to the lessee, his executors, administrators, or assigns, fo such sum of money as shall be determined by valuation as hereinbefore h mentioned as compensation for all such of the following matters as the lessor, his heirs or assigns, or the incoming tenant, shall have the benefit of, viz. : For all grass and clover seeds, and the cost of sowing the same : For all tillage operations, seeds, and manure expended on the root crops ; For all ploughings and all preparations for wheat ; For all tillage opera- tions upon fallows ; For all labour upon farm-yard manure, and for all land in sainfoin not exceeding three years lay ; AND ALSO shall and *-.>. And to pay .,, . , , , . , . . , . a share of the will pay to the lessee, his executors, administrators, or assigns, one moneys ex- equal third part of all moneys (exclusive of the moneys produced from {^"{jf^ ^"^ the sale of hay or straw of any previous year or years) expended the term in during the last year of the said term in the purchase of oil or cotton cake which shall have been consumed on the said premises, provided that the total amount (exclusive of the moneys produced from the sale of hay and straw as aforesaid) expended during the said last year does not exceed the average amount (exclusive as aforesaid) expended for the like purpose during the three years immediately preceding, and provided that such oil and cotton cake be submitted to the inspection of and approved by the lessor, his heirs or assigns, or his or their agents or agent ; but so that the amount payable in respect of oil and cotton cake under this covenant shall be subject to a proportionate reduction in respect of so much (if any) of such oil or cotton cake as shall have been consumed on land which the lessee shall during the season immediately preceding the expi- 43. And to per- ration of the term have cultivated in corn ; AND ALSO that the lessor, ^smyrabbitf, his heirs, or assigns shall and will permit the lessee, his executors, i 3 ( e {j ruaryand 12 ESTATE MANAGEMENT. CHAP. I. administrators, or assigns, to kill and destroy and appropriate the rabbits Sect. 2. on the said premises during the months of February and March in every The Form of y ear Curing the said term, but nevertheless not by shooting the same. PROVIDED ALWAYS that if and whenever any part of the said teseor tcfre- several rents hereinbefore reserved shall be in arrear for twenty-one enter in case of days, whether the same shall have been legally demanded or not, or if rent or^?each an d wherever there shall be a breach of any of the covenants by the of covenant. lessee herein contained, the lessor, his heirs, and assigns, may re-enter upon any part of the said premises in the name of the whole, and there - 45. Power to upon the said term shall absolutely determine. PROVIDED ALSO parts for p e iant^ e that the lessee, his heirs or assigns, may, at anytime during the said i] I5' he - allo y in term resume the possession of the whole or of any part or parts of so much of the said premises as are referred to in the said schedule by the Nos. 35, 36, and 37, for the purpose of planting the same ; BUT SO THAT he or they shall give to the lessee, his executors, administrators, or assigns, or leave upon the demised premises, one year's previous notice in writing of his or their desire so to do, and shall from the time of the expiration of the notice allow a reduction of rent to an amount not exceeding twenty shillings for every acre so taken, and so in proportion for any less quantity than an acre, and shall also pay such gross sum by way of compensation as would be payable under the covenants hereinbefore contained (exclusive of the covenants relating to the repayment of moneys expended in oil or cotton cake) in respect of the lands so taken if the time of the expiration of the said notice were the time of the expiration of the said term, the amount of the said reduction of rent, as well as the amount of the said compensation, to be determined in case of difference by arbitration in manner hereinafter pro- vided ; AND ALSO so that in case possession of any part or parts of the said premises shall be resumed by the lessor, his heirs or assigns, as aforesaid, the covenants, provisions, conditions, and agreements herein contained with reference to the whole of the said premises shall, so far as the same may be applicable, continue in force, and apply to such part of the same as shall be left in the possession of the lessee, his executors, administrators, or assigns, in the same manner as if such part 4. Arbitration only had been originally included in these presents. AND IT IS HEREBY AGREED AND DECLARED that every valuation or arbi- tration under this lease shall be made by two indifferent, &c. &c. [Pro- 47. Agricultural ceed by copying clause 31, on p. 19.] AND IT IS HEREBY ALSO ?875 di nft 8 to Ct ' AGREED AND DECLARED that no part of the Agricultural Hold- apply- ings Act, 1875, shall be applicable to these presents. AND IT IS cfause ney HEREBY FURTHER AGREED AND DECLARED that if the lessee, his executors, administrators, or assigns shall be desirous of taking a renewed lease of the said premises for the term hereinafter mentioned, and of such desire shall, prior to the expiration of the term hereby granted, give to the lessor, his heirs or assigns, or leave at his or their last known place of abode in England, two years' previous LETTING AND LEASES. 13 notice in writing, and shall pay the said rent hereby reserved, and CHAP. I. observe and perform the several covenants and agreements herein con- Sect. 2. tained, and on the part of the lessee, his executors, administrators, or ^f ^ rn assigns, to be observed and performed up to the expiration of the term hereby granted, then and in such case the lessor, his heirs or assigns will, at the expense and at the request of the lessee, his executors, administrators, or assigns, and upon the execution and delivery by him or them of a counterpart, execute a renewed lease of the said premises for a further term of seven years from the expiration of the term hereby granted at the rents and subject to the provisions, covenants, agree- ments, and conditions contained in these presents, save and except this present covenant. IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. FIRST SCHEDULE (referring to Ordnance Maps). No. on Map. Description. Cultivation. Quantity. 49. Schedule, Map 43.7) A. R. P. No. 101 No. 105 House and garden Lower Mead Meadow 10 2 10 3 No. 35 Long Bottom &c. Underwood &c. 5 4 SECOND SCHEDULE. [This schedule comprises the underwood which is not excepted and reserved by the lease.] /*~\ ( g ea ] ] ABRAHAM BROADACKES. Signed, sealed, and delivered by the within-named Abraham Broadacres, in the presence of Jonathan Crowquill, of , in the county of , Gentleman. A document of the above nature is executed (i.e., signed and sealed) by the landlord, and handed to the tenant hiring a large farm for a term of years, the terms being, of course, varied according to tlie agreement come to between the parties. The tenant will himself execute a copy of the lease which is called a " counter-part," and the latter will be held by the landlord. It will be found in the supplement that a formal deed of Leases where? this kind is not in every case necessary ; and that tenancies 14 ESTATE MANAGEMENT. CHAP. I. from year to year, or even for short terms of years not The Form of exceeding three, may be made without the execution of thejLease. anv deed at all. In these cases it is usual to have a writing embodying the terms of the letting, and this writing is in fact a lease though it is generally from its terms called an agreement. It is wanting in that formality and prolixity which we are accustomed to associate with deeds ; but the words which it should use to express the substantial part of the arrangement will not differ materially from the like expressions in a deed. When the tenancy is of this nature, the provisions of the lease will naturally be less elaborate and precise than in a letting for a long term of years. EXAMPLE B. AGRICULTURAL LEASE BY MEMORANDUM OP AGREEMENT PROM YEAR TO YEAR PROM LADY-DAY. N.B. In order to facilitate comparison between the pro- visions of the two leases given as examples, we have appended in brackets to the marginal notes of this lease the number appended to that clause of Example A., which relates to the same subject-matter. When no number is appended, Example A. contains no corres- ponding clause. 1. Date and par- 1. Memorandum of Agreement made the day of 1879, between Sir Alfred Bareacres, of Bareacres, in the parish of in the county of Baronet (hereinafter called "the landlord,") of the one part, and Christopher Drinkwater, of in the parish of in the county of Farmer (hereinafter called " the tenant"), of the other part. 2. Words of de- 2. The landlord agrees to let, and the tenant agrees to take the farm and lands situate in the parish of in the county of hereinafter described, with the exceptions or reservations, for the period, at the rent or rents, and subject to the obligations by the tenant, and upon the terms and conditions set forth in the several parts of this agreement hereinafter contained. LETTING AND LEASES. 15 PAKT I. The Farm and Lands the Subject of thin Demise. 3. All that farm and lands situate in the parish of in the CHAP. I. Sect. 2. The Form of the Lease. county of known as ' following particulars, namely : Farm," and consisting of the n ~r: Description of farms (ol. 2). No. on Parish or Ordinance Map. Description. Cultivation. Quantity. ! PART II. Exceptions and Reservations. 4. Excepting and reserving all timber and timber-like trees, tellers, 4. Exception of pollards, and saplings, and also all chalk, gravel, sand, and stone stand- limber-iUreVees ing, lying, and being upon or under the said lands, with liberty of an( J 8a piin? : ingress, egress, and regress for the landlord and his agents, servants gravel, sand and and workmen at all reasonable times, to mark, fell, work, dig, take, and iTb^Vtotand- carrv away the same : paying reasonable compensation for all damage lord to enter aml XT >. j ,1 i ' cut or work (if any) done thereby. (ci. ay. 5. Excepting and reserving also all game, woodcock, snipe, quail, a. Exception of landrail, rabbits, wild fowl, or fish in or upon the said lands, with liberty nberty^tohmd- for the landlord and his friends, companions, gamekeepers, and servants lord to s P rt at all reasonable times of the year, to hunt, shoot, fish, and sport over the said lands. PART HI. Duration of Tenancy. 6. A term of one year certain commencing on the 25th day of March, c. Duration of 1879, and continuing from year to year, until the tenancy shall be deter- te mined by either party by one year's notice to quit, expiring at the end of a year of tenancy. PART IV. The Rents to be paid by the Tenant. 7. The yearly rent of to be paid by equal quarterly payments 7. Annual rent without any deduction (except for land tax and the landlord's property (c tax) on the 24th day of June, the 29th day of September, the 25th day of December and the 25th day of March in every year ; the first payment thereof to be made on the 24th day of June next. 8. The further yearly rent of 50/. for every acre, and so in proportion s. Penal rent for for any less quantity than an acre of meadow or grass land (parcel of {"ure^c" the said farm) which the tenant shall at any time plough and break up or convert into tillage or garden ground without the landlord's consent, the first payment to be made on such of the said quarterly days as 16 ESTATE MANAGEMENT. CHAP. I. Sect. 2. shall first happen after such ploughing, breaking up, or converting into tillage as aforesaid, and to continue payable during the remainder of 10. Tenant's agreement to pay rent (el. 9). 11. And rates and taxes, and tithe rent charge (cl. 10). 12. And to re- pair, landlord finding materials (el. 11, and see also cl. 15, 16, 17, 26, 27, 28 & 29). 9. A further yearly rent equivalent to interest at the rate of 5/. per cent. rentfn'respeet P er annum on anv money which may be hereafter expended by the land- of improvements lord on drainage or other improvements on the premises with the fandiord. J tenant's consent. The said rent to run from the date of such expendi- ture, and the first proportionate payment thereof to be made on such of the said quarterly days as shall first happen after such expenditure. PART V. Tenants' Obligations. 10. The tenant shall pay the said yearly rent of , and also the additional rents above reserved, if the same shall become payable at the times hereby appointed for payment thereof. 11. The tenant shall also pay the tithe, rent-charge, and all rates, taxes, and assessments (except the land tax and the landlords' property tax.) 12. The tenant shall keep in good and tenantable repair the interior of the houses and other buildings, and the glass in the windows thereof, and in such repair leave the same at the end of the tenancy. He shall also, at the proper season, well and sufficiently lay, cut, repair, and keep repaired all hedges, mounds, rails, gates and fences, and stoned and other roads ; and open, scour, and cleanse, all ditches, water-courses, and drains, and so leave the same at the end of the tenancy. But the tenant's obligation to repair shall be conditional on the landlord's pro- viding such of the requisite materials as are specified in the agree- ment by the landlord, hereinafter contained. 13. In particular the tenant shall paint with two coats of oil paint once in every three years (if the tenancy shall so long last), all the out- side wood and iron work previously or usually painted, and once in every seven years (if the tenancy shall so long last) all the inside wood work previously or usually painted, the landlord providing paint as aforesaid. 14. The tenant shall haul, without charge, all materials for repairs or improvements, whether to be done by the landlord or tenant, provided that such materials be not brought from a distance exceeding seven miles from the said farmhouse. 15. The tenant shall not assign or underlet or part with the possession of any part of the premises (except cottages to labourers), without the licence in writing of the landlord or his agent. 16. The tenant shall stock, manage, cultivate, and farm the pre- mises in a good, clean and husbaudlike manner, according to the best and most approved mode of husbandry, in reference to farms of a like nature ; and shall keep and leave the same in good heart and condition, 17. The tenant shall not at any time pare off the turf, or destroy or burn the herbage of any meadow or pasture-ground, or break up the 13. And particu- larly to paint (cl. 12. 13 & 14). 14. And to haul materials for repairs (cl. 16). 15. And not to assign without licence (cl. 18). 16. And to cul- tivate in hus- bandlike manner according to best mode of husbandry (cl. 19). 17. And not to break up pas- ture (cl. 20). LETTING AND LEASES. 17 same, or convert it into tillage or garden ground without the written CHAP. I. consent of the landlord or his agent. Sect. 2. 18. The tenant shall consume upon the premises all roots and green ~. S ' r fodder grown or brought thereon, and shall convert into manure, at the homestead, all hay, straw, haulm, and other fodder grown, made, or gu| n ^tiay and n brought upon the premises, in a husbandlike manner : and shall spread, straw and other , , * , , , ' fodder, and all use, and expend thereon all manure made or brought on the premises in dung on the pre- a husbaudlike manner at the proper seasons. Provided that he shall be {f at liberty until notice to quit be given by either party to sell and remove hay and straw, hay and straw, on condition of bringing back and best6wing on the equivaientln* land the market value of the quantity sold, in oil or cotton cake, rags, ^ e T ^l 1 ^ fur-waste, or guano, or any other artificial manure which may be ap- 24). proved by the landlord or his agent, and giving when required to the landlord or his agent satisfactory proof of the value of the hay and straw so sold or removed ; and also of the cake, rags, fur- waste, guano, or manure so brought back and bestowed. 19. The tenant shall not cause or permit any timber or other 19. And to pre- trees to be lopped or topped, or any such tree or any pollard to be ||^ e 1 felled, cut down, injured, or destroyed, without the written consent of the landlord or his agent, but shall to the utmost of his power preserve the same, and also all fruit trees, from any spoil or damage either by cattle or otherwise. The tenant shall also at his own expense plant, fence and protect all fruit trees supplied by the land- lord. 20. The tenant shall allow no person to sport without the landlord's 20. And to do Tin- 11 . . i -I .1 necessary acts permission, and shall sign all notices against trespass required by the f 0r preservation landlord or his agent, and shall permit the landlord to bring any action rab or other proceeding in the tenant's name against poachers or trespassers 31). on the premises, and shall preserve all game and fish or other animals excepted out of this demise : Provided that the tenant may destroy rabbits, but by purse nets and ferrets only. 21. The tenant shall to the utmost of his power prevent any new 21. Andtopre- f . , - , . , , , . vent making of footpaths from being made over the premises. new foot paths. 22. The tenant shall, in the last year of the tenancy, prepare in good 22. And in the ,.,. , -,11 _. f o.v last year of condition and sow in good season with wheat such proportion of the tenancy to pro- arable land as shall then be in due course for the same, and shall sow crop/a^tosow- good grass seeds with the last year's Lent crops. with grass seeds. 23. The tenant shall give up possession of the whole of the premises 23 - And to give . up possession of on the day of the expiration of the tenancy, notwithstanding any premises at ex- custom of the country to the contrary, and the repair and condition at tenancy in good the time of giving up possession shall be such as is required by a due conditioned. 32). performance of his obligation herein contained. 24. The tenant at the end of the tenancy shall leave all the hay, straw, ^ -^^at en d and roots remaining unconsumed by him, being paid for the same by leave hay" straw, the landlord or incoming tenant, as hereinafter provided, and shall leave compensation, all dung, compost, and manure without compensation. and dung without compensation C (cl. 33, :&& 35). 18 ESTATE MANAGEMENT. CHAP. I. Sect. 2. The Form of The Landlords Obligations, the Lease. 25. The landlord shall keep in good and tenantable repair the main agreement to walls, main timbers, floors and roofs of the houses and other buildings repa?rs Stantial u P n receiving notice from the tenant that any such repairs are, and 26. And to sup- upon such repairs being in fact, wanted. materials for 26. The landlord shall on the receipt of notice in writing of any con- tenam's repairs ver ted timber, posts, rails, paint, bricks, tiles, slates, or lime, or of any quicks for hedges being required by the tenant for the purpose of putting or keeping the premises in a proper condition, supply such of the said materials as may be necessary, at some place within seven miles from the said farmhouse. 27. And to 27. The landlord shall keep the farmhouse and farm buildings ' insured against loss or damage by fire, in a sum sufficient to cover the value thereof, and the money received under such insurance shall be forthwith laid out in rebuilding and reinstating the premises in respect of which the same shall be received. 28. And that 28. The landlord or the incoming tenant shall pay or allow to the incoming tenant tenant at the end of the tenancy, according to valuation, for the follow- wiil allow com- ing matters and things : pensation for _ , , , , . , , matters speci- (a) For the wheat sown as before provided. fled(ci. 4i &42). ^ For the grass seeds sown with the last year's Lent crops and .the cost of harrowing the same. (c) For every acre of the last crop of roots fed off an amount not exceeding 40s. per acre, and so in proportion for a less quantity than an acre. (f) For the unconsumed hay, straw and roots, at a consuming price, (e) For one-third of the oil and cotton cake consumed on the premises during the last year of the tenancy, but cake pur- chased with hay or straw money, or cake (beyond the amount of the cake last aforesaid) consumed on land from which a corn or other crop shall have been taken since consumption shall not be taken into account in calculating the third. PART VH. General Provisions. 29. Power to 29. If a quarter's rent shall be in arrear for forty days, whether the enterfOT m>n-~ same B * ia ^ ^ ave ^ een ^S^J demanded or not, or if there shall be any payment of rent, breach of the obligations by the tenant or the conditions herein con- ment', or barik^" tained, or if the tenant shall become a bankrupt, or a liquidating or rnptcy (ci. 44). compounding debtor, the landlord may forthwith re-enter and eject the tenant, so. Account to 3Q. At the end of the tenancy an account shall be taken between the be taken at the ,,,,,, , ,, , end of the landlord and tenant as follows, namely : tenancy. LETTING AND LEASES. 19 1st. A valuation shall be made of the several matters and things CHAP. I. which are hereinbefore agreed to be paid or allowed for by the landlord or Sect. 2. his incoming tenant, and the amount of such valuation shall be debited ^^ e Form of to the landlord ; and, secondly, the valuers shall determine whether ease ' any and (if so) what sum of money ought to be paidor all owed by the tenant to the landlord for any breach by the tenant of the terms and conditions of the tenancy or in respect of the condition in which he has left the farm, and the same, together with any arrear of rent or of rates and taxes which may be owing from the tenant, shall be debited to the tenant: And the balance which upon such account shall appear due from one party to the other shall be forthwith paid with interest thereon after the rate of 4 per cent, per annum computed from the end of the tenancy. 31. Every valuation under this agreement shall be made by two indif- si. Arbitra- ferent persons, one to be named by each party interested, and in case ( C i. 4C). of their disagreement, then by an umpire to be chosen by the valuers previously to entering upon the consideration of the matters referred to therein, and in case either of the parties shall neglect to name a valuer for the space of seven days after a notice in writing so to do shall have been given to him by the other party, or shall name a valuer who shall refuse to act, then the valuation may be made by the valuer named by the other party alone. The valuers or their umpire shall have power to decide any questions which may arise in the course of their valuation, and in particular any questions as to what matters or things are proper subjects of valuation or allowance according to the true intent and meaning of this agreement. Every reference to valuers under this agreement shall be deemed a reference to arbitration within the provi- sions of the Common Law Procedure Act 1854, and shall have all the incidents and consequences of an arbitration under that Act. 32. No part of the Agricultural Holdings Act, 1875, shall apply to this 32. Agricultural rnntrart nf tpnanrv Holdings Act not nancy, to app i y (cl 47) As witness the hands of the said parties. ARTHUR BAREACRES. Witness: JONATHAN CROWQUILL, Solicitor, Newtown, Hampshire. CHRISTOPHER DRINKWATEB, Witness, &c. It will be observed that the above agreement, and this Supplemental observation applies also to the other lease (Example A.) . makes agreement for . . f , i'ii i compensation no provision tor the payments which the tenant may properly O f outgoing by be called upon to make to the outgoer in respect of opera- tions by the latter of which he will take the benefit. These c2 20 ESTATE MANAGEMENT. CHAP. I. payments should be the subject of a subsidiary agreement hT^Form of 1 e ^ ween * ne landlord and tenant at the time that the letting the Lease, is agreed upon; and the terms of that agreement must depend upon the compensation which the outgoer is entitled to under the terms of his holding. Assuming that he is holding on the same terms as those agreed to by the incomer, and that those terms are the terms expressed in Example B., the subsidiary or supplemental agreement will be in the form set out below. The important point for the landlord or his agent to attend to in any case is that the incoming tenant shall definitely undertake to liquidate the legitimate claims, whatever they may be, of the outgoer. Supplemental Agreement. Whereas the said farm is at present in the occupation of X. Y, (hereinafter called the outgoing tenant), under an agreement dated day of 18 , and he has received notice to quit, which will expire on the day of next, and by the said agreement it is provided (in clause No. of Part VI. thereof) that the land- lord, or his incoming tenant, shall, at the end of the said tenancy, pay or allow to the outgoing tenant according to valuation for the following matters and things, namely (specifying them). And it is provided (in Clause No. ) that at the end of the tenancy an account shall be taken between the landlord and outgoing tenant as follows: 1st, that a valuation shall be made of the several matters and things which are thereinbefore agreed to be paid or allowed for by the landlord or his incoming tenant, and the amount of such valuation shall be debited to the landlord, and secondly, that the valuers shall determine whether any and (if so) what sum of money ought to be paid or allowed by the outgoing tenant to the landlord, for any breach by the tenant of the terms and conditions of the tenancy, or in respect of the condition in which he has left the farm, and the same together with any arrear of rent, or of rates and taxes owing from the tenant, shall be debited to the outgoing tenant ; and that the balance which upon such account shall appear due from one party to the other shall be forthwith paid with interest thereon, at the rate of 41. per cent, per annum, com- puted from the end of the tenancy NOW IT IS HEREBY AGREED between the landlord and tenant under this agreement (hereinafter called the incoming tenant), that whatever sum of money shall, under the said recited agreement, become payable to or from the outgoing tenant, shall be paid or received (as the case may be) by the incoming tenant, and the valuations to be made under the said agreement shall be binding on the incoming tenant. AND IT IS ALSO AGREED that if any sum of LETTING AND LEASES. 21 money shall, by the valuation to oe made as aforesaid, be awarded to be CHAP. I. paid or allowed by the outgoing tenant to the landlord, or the incoming Sect. 2. tenant, for any breach by the outgoing tenant of the terms and conditions the ^^ of the tenancy, or for the state of the farm, and which sum of money shall accordingly be brought into the account, and paid or allowed for as aforesaid, the incoming tenant shall lay out an equal sum on the farm forthwith, or so soon as the same can profitably be laid out thereon. AND whatever sum of money (if any) shall be found owing by the out- going tenant for arrears of rent, or of rates and taxes as aforesaid, and which shall accordingly be brought into the account, and allowed for as aforesaid, shall be forthwith applied by the incoming tenant in the pay- ment of such arrears. As witness the hands of the parties, &c. An agreement such as Example B., which is in fact a Agreement to lease (see Supplement), is to be distinguished from a mere fept leageaT preliminary memorandum, such as the parties often sign with a view to bind one another to the granting or acceptance of a lease. For the signature of a party or his authorised agent is essential in order to bind him to accept or to grant a lease; therefore, when the bargain is to be actually struck before the necessary lease can be prepared, the heads of the arrangement are frequently reduced into writing. A., for instance, agreeing to grant, and B. to accept, a lease of the premises in question, the lease to provide that the term shall be so many years from such a date, the rent to be payable on usual quarter days, the tenant to pay rates and taxes except as specified, and to repair, or lessor to repair at lessee's expense if latter fails to do so after notice, lessor to provide material gratis and carriage free on premises, and so on, particular care being taken to express what are to be the general terms of the compensation clauses, unless each party is familiar with a generally prevailing local custom on the subject, and they intend to abide by it. Although these preliminary writings are absolutely essential where either party proposes to take any im- portant steps on the faith that a lease will be executed, it is evidently much better, and less likely to produce complica- tions, for the matter to remain entirely open until a draft 22 ESTATE MANAGEMENT. CHAP. I. of the proposed lease can be read and discussed, and so all The Form of possibility of misunderstanding avoided. Where the the Lease, steward is reletting a farm on the terms of the last tenancy, or with only very slight variations, difficulty may, however, be avoided by giving the intended tenant an opportunity of reading the old lease, and then binding him by a memorandum to accept a lease on similar terms. Agreements to grant or accept leases, when clearly and precisely drawn, are frequently deemed sufficient by the parties without the lease being drawn and executed. The stamp upon them is the same as would be the stamp upon the lease itself, and in the event of a lease being executed within a certain period a second ad valorem stamp is not required. SECTION III. THE SUBJECT-MATTER OF THE LEASE. ANALYSIS OP CONTENTS OP LEASE NAME AND DESCRIPTION OF FARM TREES AND UNDERWOOD GAME MINERALS PAY- MENT OP RENT RATES AND TAXES TITHE RENT-CHARGE REPAIRS INSURANCE CULTIVATION CONSUMPTION OP HAY, STRAW, ETC. COMPENSATION AND RIGHTS OP LESSEE AT EXPIRATION OP THE TERM LESSOR^ POWER OP RE- ENTRY. Analysis of IP we revert now to the contents of the lease by deed (Example A.) above set out, we find that its contents naturally divide themselves into four leading divisions. After the date and parties, there is, firstly, that part of the document which constitutes the actual grant of the lease, defining the property granted, the rights which the land- lord reserves over it, the length of the term, and the amount of the rent. This part ends with clause 8. Then come,. secondly, the lessee's covenants contained in clauses 9 to 35. Thirdly, we have the lessor's covenants (clauses 36 to 43.) And, lastly, come the miscellaneous clauses, viz., the LETTING AND LEASES. 23 power of re-entry, together in this case with another less CHAP. I. usual clause, and certain provisions, as to arbitration, the T application of the Agricultural Holdings Act, and renewal ; Matter of the but of these clauses, the power of re-entry and the arbitra- tion clause, are the only ones which are always, under every circumstance, to be inserted. The order of arrangement of the several clauses may, of course, vary, but the outline of classification above described and followed in this lease appears to be one easy to understand and remember. So much for the general form of the document. It may be worth while now to indicate the several leading points which the student will find by careful study of the example are raised by it, and to which he will have to direct his attention on making terms with a tenant. We shall number these points, as nearly as may be, in the order in which they occur in this lease. The first part of the lease (clauses 1 8) suggests that he must be ready, in the first place, with (1.) The description and acreage of the farm (clause 2). In the next place he must know his intention with re- ference to the rights to be retained over the soil by the landlord, so as to make his bargain with reference to (2.) Trees and underwood (clause 3; see also clause 25) ; (3.) Game (clause 4 ; see also clauses 30, 31, and 43) ; and (4.) Minerals (as to which the lease is silent). The other points raised by this first part of the lease are less likely to escape his attention ; they are (5.) The commencement and length of the term (clause 5). (6.) The annual rent and time of payment (clause 6). (7.) Penal rents for prohibited acts, if it is desired to reserve any (clause 7). When we come to the second and third parts of the lease, containing the lessee's and the lessor's covenants, it is to be observed that the form of the document makes it necessary for the whole of the obligations undertaken by the lessee 24 ESTATE MANAGEMENT. CHAP. I. The Subject- although their respective obligations may relate to the same Matter of the subject-matter. This difficulty may be avoided in a lease made without a deed, but by memorandum of agreement, because in that case each paragraph may be, and is often, drawn so as to express an agreement between the parties, and to imply a number of promises or undertakings by both of them. But a study of the covenants will be found to raise (expressly or by implication) the following leading points : (8.) Payment of rates and taxes and tithe rentcharge (clause 10) ; (9.) Repairs (clauses 11 17 and 38) ; (10.) Insurance (as to which the lease is intentionally silent, but see clause 37) ; (11.) Assignment, or parting with possession (clause 18). (12.) Cultivation (clauses 19 and 20). (13.) Consumption of hay and straw, or of cake, or pur- chased manure in lieu thereof (clauses 21 23), and of dung (clause 24); (14.) Compensation and rights of lessee at expiration of term (clauses 3336, and 39 42). Finally, what we called the third part of the lease brings us to the important clauses as to (15.) Lessor's power of re-entry; (16.) Valuation and arbitration; (17.) Provisions for renewing the lease, or for determining it on notice. All these seventeen points will, in every case of an agri- cultural lease, require attention ; and, although every letting will probably need some covenants and provisions special to its own peculiar circumstances (e.g., clause 45 in this lease, giving lessor a power to resume parts for planting), the above enumeration comprises the material part of the subject-matter of every lease. As to some of the parts enumerated, the mere mention of them is sufficient, but there are others upon which some observations may be made with a view to the assistance or information of the beginner. LETTING AND LEASES. 25 But lie may here be again reminded of the desirability of CHAP. I. understanding, at least, so much of the legal aspect of the The Subject- matter as is put before him at the end of the book. Matter of the Lease. It seems usual in the body of the lease to call the farm by its ordinary name, and state the total acreage ; and, then, ancTacreage in a schedule to give the full particulars. This is done by of farm - giving the number of each field, either on the Tithe or Ordnance map, followed by its name, cultivation, and acre- age. The sum total of the quantities must, of course, agree with the acreage specified in the beginning of the lease. It is to be observed that mistakes in these schedules are easily made, either in the drafting or copying, and it is always worth while to see that the schedule is correct on the en- grossed lease. The landlord, in all cases, has the sole right to the timber ; Trees and Tjut, so long as it is standing, it is a part of the land, just as much as a house or building upon the land. Therefore, if it is demised, the landlord has no power over it during the term ; he can no more go and cut it down than he can knock down the homestead. If he desires to fell it, it is neces- sary to except the timber from the demise, to reserve the right to enter, and to fell and draw it away at all season- able times. The word "seasonable" or "convenient" is usually attached to the covenant, as it would not be right to conduct this operation at a season when the doing so would injure the crops of the tenant. It is also desirable to except underwood. The tenant's rights in respect of this are larger than they are with regard to timber-trees- As to the latter, he may only use them as they stand ; that is, his cattle may benefit by their shade, and he may have the fruit or mast from them. But as to underwood, or at least as to such part of it as can never become timber, the tenant may, in the absence of agreement to the contrary, have a right to cut it. The exception or reservation of game is absolutely neces- Game, sary, whenever the landlord desires the right of shooting ; as, by the law, the game belongs to the tenant. To what 26 ESTATE MANAGEMENT. CHAP. I. extent this reservation is to be made, and whether it should Tfo^Subj'ect- i nc l u( le rabbits, is a matter of arrangement which need not Matter of the be discussed. It is more important to allude to the question ' of game damage, as a clause on this subject is often required by the tenant (although no allusion to it is contained in our example), and will then need the most careful consideration of the land-steward. To allow a clause providing com- pensation without limit for damage by game is, perhaps, one of the most fatal errors into which he can fall ; for he may thereby involve his employer in most costly damages. Such a clause opens to an unscrupulous tenant a door of deceit beyond his power to close. Netting or wiring the centre of fields surrounded by woods, sowing the headlands late, applying ammoniacal dressings here, withholding the same there, neglecting cultivation, and attributing the result to game, are all schemes resorted to by a certain class of men when detection is difficult or impossible. Nevertheless, damage done by game is within limits, and under certain cir- cumstances, a fair subject for compensation. We, however, desire strongly to impress upon all those connected with land management the necessity of granting only " limited damage." The following clause was carefully drawn up and submitted to counsel for insertion in another lease, and may serve as an example : The lessor " shall and will, in the event of any damage being caused to the extent hereinafter mentioned, but not further or otherwise, to the crops on the demised premises during the said term by the rabbits hereinbefore excepted or reserved, pay to the said , his executors, administrators, and assigns, the sums of money following, that is to say, in every year (each year being regarded as commencing on the 25th day of March) in which the damage shall exceed the amount of Ten Pounds, but shall not exceed the amount of Thirty Pounds, a sum equal to half the amount of the damage, and in every year commencing as aforesaid in which the damage shall exceed the amount of Thirty Pounds, a sum equal to the whole amount of such damage as shall exceed the amount LETTING AND LEASES. 27 of Ten Pounds, so long as the sum payable hereunder shall CHAP. I. not in any one year exceed Sixty Pounds, and the amount y^ Subject- of damage caused in each year shall be ascertained by Matter of the valuation or arbitration in accordance with the provisions hereinafter contained/' It is sometimes thought better to require from the lessee an express covenant to the effect that he will not injure, but do his utmost to preserve and protect, the nests, and eggs, and young birds ; but, as will be observed in our example, the exception and reservation were considered sufficient. The other clauses on this subject those usual as to pre- vention of poaching, and the tenant's right to kill rabbits during certain seasons sufficiently explain themselves. The term " Minerals" applies, of course, to all substances Minerals. below the surface, whether they may be used for building or for any other purposes. As a rule, a tenant can work no sub- stance of this kind. But this rule does not seem to apply where there are pits or mines in actual working at the time of the letting, and forming a regular item in the profit of the property. It is, therefore, generally best for the landlord to claim the whole right to the minerals ; and if there is any probability of his needing to work them, he should also reserve a right to enter and work them, and use such part of the surface as he may need. But he must, in the event of occupying surface, either by the withdrawal of material or the formation of roads, give fair compensation to the tenant. This may be done by allowing a reduction of rent, in accordance with the surface occupied. In the lease before us nothing was said about minerals ; but in that case there were no open pits which the tenant could possibly have claimed to work, so there was no need of a clause to protect the minerals from him. And the property was of such a nature that there was no kind of likelihood of the landlord needing to resort to it for the purpose of digging any minerals whatever. The above observations as to the tenant's right are to be read with this very important qualification, that as to such substances 28 ESTATE MANAGEMENT. CHAP. I. as chalk, gravel, clay, or the like, which he may need for The Subject- ^ ne purpose of fulfilling his covenant to repair, &c., or for Matter of the application to the soil, he is always at liberty to dig a necessary quantity unless they are expressly excepted out of the demise. Payment of rent. Rates and taxes. It will be observed that the rent is made payable quarterly, the quarter days being December 24 (Christmas), March 25 (Lady-day), June 24 (Midsummer- day), and September 29 (Michaelmas-day). It is customary, how- ever, to collect half-yearly, and when the half-years fall upon September 29 (Michaelmas), and March 25 (Lady- day), it is a good practice to give some certain period say, three or four months credit, and for the following reasons. At " Michaelmas " the farmer has just passed through the heavy expense of harvesting his crops, and has not had time to realise. It is in fact the end of his financial year, when his funds are naturally at a low ebb. At " Lady- day " the corn- stacks have not recovered from the winter ; if threshed, the grain will be cold, and will fetch but a low figure. The fattening of cattle and sheep also will have been a heavy expense for some months, and the prices of meat are often low at this time of the year. It is wise in collecting the rent to remember those matters and assist the tenant as far as is compatible with the interest of the landlord. Rates are generally paid by the tenant. It is, however, a matter of arrangement. If the landlord pays them, as is some- times the case, in order to avoid disturbing the arrangement of the rate-book, the amount is reckoned and added to the rent, so that it is really paid by the tenant directly or in- directly. It may here be mentioned that all rates are collected in advance; therefore, if an out-going tenant has paid a rate, and a portion of the time for which it is collected is unexpired when he quits his farm, he is fairly entitled to recovery from the landlord or the in-coming tenant for that portion. Eates are collected from every parish for the purposes of the poor, the highway, and the county. They LETTING AND LEASES. 29 are collected by the " overseers " when demanded by the CHAP. I. " Board of Guardians." The rate levied is upon the value T of the property in the parish (a value being ascertained for Matter of the the purpose and called the rateable value), and is generally a shilling or two in the pound. The collection takes place two or three times a year, as may be required. The rate- book, every time a rate is levied, must be made out and signed by two justices before collection. The amount required, being duly notified by the clerk of the board to the overseers, must be paid in to the credit of the " guardians " punctually to the day ; it is therefore neces- sary to collect with all dispatch, and also right that those who can pay should do so promptly, as it otherwise throws upon an unpaid official a great deal of undeserved anxiety. When the office of overseer is too heavy, the ratepayers in vestry can appoint a clerk or assistant overseer to make out and collect the rate, levying a special rate to defray the expense. The appointment, however, must be submitted to the approval of the "board," and does not relieve the " overseers " from any responsibility of office. With regard to the taxes, the " Property Tax," or schedule A. Income Tax (called Property Tax when levied upon land), is collected from the occupier or tenant, and must be paid by him. He, however, when he pays his rent carries the receipt with him, and demands deduction. This the landlord is compelled to allow him, as any agreement to put the charge upon the tenant will be void. It is intended to be a tax upon the landlord's income as opposed to Schedule B. Income Tax, which is levied upon farmers' incomes, and which, unlike other incomes derived from ordinary trade, is reckoned at one half of the amount of the rent they pay. The Land Tax is collected from the tenant at the same time as the Property Tax, and is repaid him by the landlord, unless the latter has, as he may do, contracted himself out of his liability to repay it. The important point to notice with regard to it is, that before any considerable improve- ment in the estate it ought to be redeemed; although, in the 30 ESTATE MANAGEMENT. CHAP. I. absence of an intention to materially improve, there is little The ^Subject- re ason for doing so. Full information with regard to the Matter of the redemption of Land Tax can be obtained on application to the clerk of the Land Tax Commissioners in the division in which the property is situate, or directly from the Commis- sioners in London. The redemption is allowed upon the payment of such a sum of money as if invested in the funds will produce a similar amount to that of the tax levied in the year upon which the application is made. Therefore, if the landowner is in possession of money in the funds, he may clear his estate of the tax without altering his income ; if, however, his money is better invested, it will hardly be worth his while to do so except in the event above men- tioned, in which case he will be wise to recollect that the tax is levied in accordance with the value of the estate. It is not necessary that the person redeeming should be the absolute owner of the estate. For instance, if a tenant for life thinks proper to buy up the land tax upon his estate as an investment he can do so, and leave the sum so invested to his younger children ; for the estate will then be charged in his favour with the amount he paid for redemption, with interest thereon equivalent to the land tax redeemed. And if he wishes to benefit his successors, he can have the charge merged in the estate. It may interest the student to know that this tax, which had been imposed under different forms from very early periods of our history, was levied under its present name in the reign of William and Mary. It was made perpetual by Mr. Pitt in the reign of Geo. III., and it was he who intro- duced the plan for its redemption. Tithe rent- Tithe rent-charge, though not a tax in the correct sense of the word, is nevertheless a charge upon the land, and may be considered under this head. Tithe, as its name denotes, is the tenth portion of the produce of the land set aside for the purposes of the Church. Previous to the year 1836, when the Act was passed for the commutation of these tithes to a money payment, entitled LETTING AND LEASES. 31 Act for Commutation of Tithes (6 & 7 Will. 4, c. 71). CHAP. I. the amount was collected in kind. At harvest time parties duly authorised entered the various fields and placed an Matter of the arrow in every tenth shock of corn, thus appropriating it to the use of the rector of the parish. When the corn was carried by the farmer these shocks were left in the field, and were then carted away to tithe barns, and threshed and sold by the rector. This arrangement was attended with much annoyance and occasioned much ill-feeling, as of course the rectors benefited directly by the diligence and exertion of the farmer, or vice versa. The farmer felt aggrieved from the fact that the better he farmed and the heavier his crop, the more he had to pay his rector; and the rector laboured under the disadvantage of having to thresh and market his crop before he could reap the benefit of his income. This, therefore, brought about the Act, as already named. Tithes were converted into corn- rent charges, equal portions of the amount to consist of wheat, barley, and oats, valued in the commutation at 7s. Ojd for wheat, 3s. ll^d. for barley, and 2s. 9d. for oats per imperial bushel. These prices were fixed upon as the standard, and by the Act it was enacted, " That immediately after the passing of the Act, and also in the month of January in every year, the Comptroller of Corn Returns for the time being, or such other persons as may from time to time be in that behalf authorised by the Privy Council, shall cause an advertise- ment to be inserted in the London Gazette stating what has been, during seven years ending on the Thursday next before Christmas-day then next preceding, the average price of an Imperial bushel of British wheat, barley, and oats, computed from the weekly averages of the Corn Returns." Having thus fixed a standard of value, it was necessary to arrive at the quantity which the land was capable of pro- ducing. For this purpose the whole country was valued, a map called the " tithe map " and " award " being supplied 32 ESTATE MANAGEMENT. CHAP. I. to every parish based upon this valuation. Upon this map TheSubject- every field shows a number which corresponds with the Matter of the award, which contains every information as to acreage, description, ownership, name of occupier, and the amount of commuted tithe. This amount represents the commuted sum, and it is upon this that the septennial average is brought to bear. For example : Suppose the corn rent- charges upon a farm are commuted at 100Z., what is the present value of this amount according to the average prices of corn for the seven years preceding Christmas, 1877 ? Also what is the method of arriving at this value ? Rule. Divide the several prices per imperial bushels, in farthings increased one hundredfold, by 1011 that of wheat, by 570 that of barley, and by 396 that of oats ; then add the several quotients together, and the sum will be the value of 100Z. apportioned tithe rent-charge in pounds and decimals of pounds. EXAMPLE. Average price of wheat to Christmas, 1877 6*. S^d. barley 4s. oats 3s. 6s. 8$d. = 322 Farthings. 4s. W$d. = 233 3s. 3$d. = 157 Therefore Wheat 322 x 100 _ 1011 Barley 233 X 100 ~~= >877 Value of 100 tithe rent 112-362 This method of arriving at these yearly charges should be understood, but the actual working of these figures is rendered unnecessary in practice on account of the valuable " Sup- plement to Willich's Tithe Commutation Tables," compiled LETTING AND LEASES. 33 by Montague Marriott, barrister-at-law, and published CHAP. I. yearly by Messrs. Longmans for the sum of one shilling, T and which can be purchased through any bookseller. It is, Matt r of the in fact, a ready reckoner, giving the present value of the commuted sum from 3d. to 20001. Having thus given briefly the history of tithe, and the way in which it is calculated, we will proceed to discuss it in a landlord's and tenant's point of view. Though a charge upon land, it is, nevertheless, a direct Tithe from a charge upon the crops, and as such is payable by the tenant's point tenant. It is not in any sense a landlord's charge, and can of view. only be exacted from him when every means to obtain pay- ment from the tenant has failed i.e., if no agreement has been entered into relieving the tenant of the charge. Collection is made half-yearly, viz., on the first day of Collection of April and the first day of October, and represents the amount tl due from the crop of the same year. This is important to bear in mind, for this reason : if a change of tenancy takes place between Michaelmas and Lady-day, and the growing crop is valued to the incomer at the cost of cultivation, the payment of the charge due on the 1st of April will fall upon the incomer, and, in the event of the outgoer having paid the amount, he is entitled to recovery in the valuation. If, however, on the other hand, the outgoer retains the crops and reaps them for his own benefit, he pays both the April and October amount. Farms may be let tithe free under certain circumstances ; When fams when, for instance, the charge is the property of the land- " lord, or when the charge has been merged in the freehold, or when the farm forms a portion of the estate, and has not been separated for tithe purposes. These circumstances, however, do not in any way affect the case, as the rent will, of course, be increased in proportion. From the foregoing, then, we have shown that the rent- charge is purely a tenant's charge ; nevertheless, to prevent error or misconception, it will be better to provide for the payment of it in the lease. D 34 ESTATE MANAGEMENT. CHAP. I. Sect. 3. The Subject- Matter of the Lease. Repairs. Haulage of material. Power of steward to inspect build- ings. Repairs are always a difficult subject, and, as some observa- tion upon it will be made in the legal supplement, it is perhaps not advisable to dwell upon it here. But it may be noticed that the basis of the contract should always be that the premises are in good and tenantable repair at the time of entry by the tenant, and the liability under- taken by him should be worded in accordance with this assumption. If at the time the lease is signed it is agreed by the parties that work remains to be done by the land- lord in order to put them in tenantable condition, this work should be clearly and specifically defined in the lease, and care should be taken to execute it forthwith, and to obtain from the tenant an admission that it is executed, as other- wise the tenant may attempt to get rid of the liability on his own covenant by alleging neglect by the landlord to do what he had undertaken. Assuming the premises to be in repair, the tenant for a term of years will always be willing to execute all repairs during the term of his lease, provided his landlord supplies him with the necessary material. The material may be found, either in the rough or con- verted, on or within a reasonable distance of the farm, say ten miles; but the tenant should generally haul it a reasonable distance at his own expense. Where the estate employs a saw-mill the timber may with propriety be con- verted for the use of the tenant ; a small charge being made for this if deemed advisable. A clause should also be inserted which will enable the steward to inspect the buildings at all reasonable times ; and providing that in the event of repairs being needed, or in the event of any wilful neglect, he should be able to give notice in writing that the specified matter needs attention ; and should the same not be performed in a workmanlike manner within a reasonable time (the time being specified), he should be at liberty to perform the same, and charge the tenant with the amount. At a change of tenancy the state of repair needs par- LETTING AND LEASES. 35 ticular attention, as, in the event of these repairs not having CHAP. I. been duly executed by the outgoing tenant, he must be T called upon either to do them, or allow a deduction from Matter of the the amount of the valuation, to the extent of the amount required for such purpose ; such amount being arranged by qualified surveyors. bility to re- Although the matter is primarily one between landlord p and tenant, it is in practice essential to the incoming tenant to see to it, as he may otherwise, when he enters finally upon his holding, find that he has incurred unin- tentional liability. Insurance is a matter upon which differenf opinions exist. Insurance. Some consider that the insurance of the buildings should fall upon the tenant, he producing his vouchers for payment of premiums at each audit, and either providing for the payment of the sum assured in the event of fire to the landlord (who on his part should enter into a covenant to immediately rebuild) ; or else undertaking to expend the money himself in rebuilding. Others consider that the landlord should insure all his own buildings, wheresoever situated, and covenant to immediately rebuild. We agree with the latter opinion, and strongly recommend the subject to the attention of landlords. Let them insure their buildings in some first-class office, and authorise their bankers to pay the annual premiums, and so prevent the lapse of insurances by forgetfulness or neglect. In the event of fire, they will then, of course, immediately commence rebuilding, and, if the tenant suffers much loss or inconvenience beyond what he himself ought to have provided against by means of a private insurance, a reasonable reduction of rent may be allowed during the progress of the building. But, as a rule, we object to any covenant by the landlord Seduction to allow a reduction of rent during rebuilding. The pro- perty is in the hands of the tenant, and it is his duty, and not the landlord's, to take all reasonable precautions against it being burnt down. If such a covenant is admitted the whole burden of the disaster falls upon the landlord. There is a D 2 36 ESTATE MANAGEMENT. CHAP. I. twofold loss to be guarded against. Firstly, there is the The^ubject- l ss f the buildings of which we have spoken, and which Matter of the the landlord is sure to see covered by an insurance, either by himself or the tenant. Secondly, there is the tenant's oss in business or convenience, a loss represented by the amount of rent which he has to pay for a non-existing thing ; this loss he should provide against by an insurance on his own account. For the tenant to insure the payment to himself of a year's rent, in the event of destruction by fire, is really the reasonable course. Plan for pur- poses of in- snranoe. COPY OP PLAN FOE PURPOSES OP INSURANCE. Home Farm. Parish. Eight hundred pounds on the following, viz. : On farm-house, brick and tile, lettered A. 300 ,, cart-shed near, timber, stone, and slate, lettered B. ... 50 ,, piggeries, timber, stone, and slate, lettered C 25 ,, stable and cowhouses, stone and slate, lettered D. ... 150 ,, barn and stables, timber and slate, lettered E 150 , , granary, timber, stone, and slate, lettered F. 25 , , range of sheds, stone and slate, lettered G. 100 800 No. of policy, 147,866 The above plan and statement illustrates a method of arranging the matter, which was recommended to the writer by a gentleman of great experience, and which has been found very useful. LETTING AND LEASES. 37 This plan is made upon the estate, and then forwarded to CHAP. I. the insurance office, and the policy, based upon it, is made out. Copies of these plans should be kept by the steward Matter of the for reference, as more handy for casual purposes than the policies themselves. Mistakes also are rendered almost impossible, provided care is exercised in the execution of the plan. It was at one time necessary to insert in leases restrictive Cultivation. clauses as to cropping ; the object of this was to prevent the cl ^ 1 too constant repetition of exhaustive crops. Artificial manures and oil cake were unknown articles, and it was difficult to give back to the soil what was taken from it. The raising of two corn crops in succession was looked Two corn upon as a flagrant act, and one which brought down upon cession* 8 the offending tenant the weight of the landlord's family solicitor's just wrath and displeasure. The growth of potatoes was also strictly forbidden, on account of it being a crop taken from the land, and not fed on the farm like the ordinary root crop. The course generally laid down Four course was the Norfolk or four-corner rotation, i.e., barley, clover, rotation - or pulse, wheat, and roots. In those days this plan was a wise and just one, and necessary to secure a balance of plant food. Times have changed, however ; men of science have Restrictive shown us not only what the various plants require, but where jQ* 11 ^ 8 ^. and how to procure the necessary ingredients. The use of quired. oil and cotton cake and artificial fertilisers have entirely revolutionised agriculture, and enabled us to omit from our leases these now objectionable clauses. To bind an agri- culturist at the present day to any strict course of husbandry is not only unwise, but almost impossible. Barley after Barley after wheat (for example) is now a recognised mode of culture, w eat ' and will probably become more and more the practice. The reason of this is so evident as to show the unreason- ableness of disallowing two corn crops in succession. Barley grown after swedes fed off the land is often sown late, and necessarily upon a new furrow ; the result is 38 ESTATE MANAGEMENT. CHAP. I. Sect. 3. The Subject- Matter of the Lease. Good hus- bandry im- plied by occupation. Consumption of hay, straw, &c. a flaggy crop, with a thin grain ; and, from the amount of straw, more time is necessary to fit it for stacking, thus exposing the grain and causing discoloration. When grown after wheat, all these evils are avoided. The seed can be sown early on a furrow that has been exposed to the winter frosts, and the roots take a firm hold by the time the genial warmth of spring exerts its influence upon the young blades, thus giving vigour to the plant, a firm straw that will stand up and bear a heavy head, an early maturity, and a plump grain. Under this course, too, the sowing of clover seeds with the barley is avoided, often a source of difficulty at harvest time, rendering as it does the rapid carting of the barley a matter of impossibility. These cropping clauses must therefore vanish from our leases, and we must secure the fertility of the soil by a careful selection of tenants, and by watching the course of their farming, to see that nothing is done which is clearly bad husbandry. The fact of occupation alone will imply in law an obliga- tion to follow the rules of good husbandry; the landlord therefore is secure to ascertain extent when no written contract exists at all. It is possible, without injuring the interest of the tenant, to provide for a return to the four-course shift during the last few years of the lease. This is a matter open to the judgment of the steward. But the compensation clauses, to which we shall presently allude, are the most to be relied upon for securing good farming up to the end of the term. Up to a recent date, and to a very great extent even now, the sale of hay and straw has been strictly forbidden, either by the covenants of the lease, or the custom of the country. For distant outlying farms, surrounded by bad roads, the restriction is a wise one, often, however, un- necessary on account of the impossibility of drawing such heavy produce away. But where farms are situated near towns or railways, the restriction is certainly unwise. For example : Suppose a farmer is able to sell straw for 21. 10s. LETTING AND LEASES. 39 or 3/. a ton, delivered at a railway station within one or CHAP. I. two miles of his farm. A railway truck will hold, perhaps, The^Subject- two tons, or Ql. worth of straw j this 61. will bring back to Matter of the JjO S the farm fifteen tons of good town stable dung, or nearly three times the quantity the two tons of straw would make in the farmer's own yard. Again, with regard to hay. Two tons of hay at 4?. 10*. per ton, will nearly equal a ton of oilcake, which will yield 3?. of manurial value, more by far than the hay would pro- duce if fed at home. It is clear, however, that if the sale of hay and straw Equivalent of is permitted, it can only be upon the terms of an an equivalent being returned in purchased food or manure ; otherwise the productive power of the land will soon depreciate. The provisions which we have adopted will be found in clauses 21-23 of the lease, and amount simply to this, that the money (or not less than two-thirds of the amount) obtained from sale of hay and straw shall be ex- pended in purchasing oil or cotton cake, or artificial or other manures, proof of such purchases being given by the production of vouchers, and a statement of the various sales being made, at every audit if so demanded. The removal from the premises of the dung produced upon them would be so clearly against the rules of good husbandry, that it is unnecessary to do more than allude to it. One of the most important questions for consideration Compensation in letting land is the adoption of some provisions which will secure such a cropping and treatment of the land as term - that it will at the termination of the lease revert to the landlord in an improved, instead of in an exhausted con- dition, so as to fit it for re-letting at an advanced figure. Whilst a tenant feels that his capital is insecure, he will naturally, towards the end of his lease, put as little into the land, and extract as much out of it, as he can. He will at least try and recover from it the value of all the manure that he has put in. In other words, he will ' ' whip " the 40 ESTATE MANAGEMENT. CHAP. I. land, to recoup himself for his unexhausted capital lying The Subject- i n ^ if he knows he will be unable to obtain that capital Matter of the from his landlord. To guard against this, the lease or agreement must provide such " compensation clauses " as will induce the tenant to farm well up to the last day of his term. The question of compensating the lessee for what are commonly called " unexhausted improvements," or, in other words, for the expenditure of capital out of the ordinary and necessary course of husbandry, will be discussed in the next section. Our lease (Example A.) makes no provision for any such matters, except in so far as the application of purchased manures or the consumption of purchased foods may come within that category. For, as a rule, the compensation clauses need only touch the question of purchased food, unconsumed straw, hay, and dung, and the ordinary acts of husbandry of which the tenant cannot reap the full benefit, either because the benefit of them extends beyond one year, and his lease expires in the meantime, or because, although they may be called annual operations, his lease expires between the season for performing them and the season for profiting by them. Of these acts of husbandry, the application of Rule of purchased manure may fairly be considered a part. It is country * ^ e n ted. that the custom of the country usually, or often, entitles the tenant to compensation for all these matters, except purchased foods, in the absence of any agreement at all. And the custom of the country in all agricultural matters may be insisted upon by either party, if not varied by written agreement, just in the same way as though it were a part of the law of the land ; subject to this important qualification, that the party insisting upon it must prove its Custom, as it existence. But custom will not generally touch the ques- chasedfood. ^ on ^ purchased food; and as to the ordinary acts of hus- bandry (of which the application of purchased manure is treated in the lease as a part), the tenant may fairly object to relying upon his chance of getting payment from an LETTING AND LEASES. 41 incoming tenant, who would by the custom be the person CHAP. I. primarily bound to pay him. Indeed, there might be no T incoming tenant, and as, in that case, the custom would in Matter of the the absence of agreement fix the landlord with the liability ' to compensate according to the custom, it is clearly to the landlord's interest to have his liability carefully defined by the lease. The question of purchased food will be found alluded to Compensation as one of " unexhausted improvement " the several acts of husbandry to be compensated for will be discussed in the chapter on valuation. There is a further observation to be made under this head- Temporary ing, namely, that if (see Example A., clauses 34 and 36) the letting is a Michaelmas one, provision must be made for outgoing occupation by the outgoing tenant of barns, stabling, &c., expiration of and for part or whole of the house until the month of May term - following, to enable him to thrash his corn. This is not necessary in a Lady-day entry, which is one of the advan- tages of that season. The point will, however, be noticed hereafter. In the event of non-payment of rent within a specified Lessor's period, generally three weeks from the date of collection, whether notice or not has been given, it is necessary to give the landlord power to re-enter and occupy as in his former state. The power is also generally made to come into operation in the event of any breach of covenant; and this takes in a point to which the steward's attention should be particularly directed, as such a wording of the clause adds greatly to the landlord's protection, and is not invari- ably adopted. The power may also be made operative in case the tenant becomes a bankrupt, or liquidating, or com- pounding debtor ; but this is not essential if the landlord is enabled to re-enter so soon as any term or agreement in the lease is broken. SECTION IV. COMPENSATION FOR UNEXHAUSTED IMPROVEMENTS. AGEICULTUEAL HOLDINGS ACT, 1875 - EEECTION OF BUILDINGS LAYING DOWN OF PERMANENT PASTURE - MAKING AND PLANT- ING OF OSIER BEDS - PLANTING HOPS RECLAIMING WASTE LAND -CHALKING LAND - CLAYING LAND - CLAY-BURNING - BONING LAND - LIMING LAND CONSUMPTION OF CAKE AND OTHER PURCHASED FOOD APPLICATION OF ARTIFICIAL MANURES - ADVICE TO LAND STEWARDS. CHAP. I. THE ordinary acts of husbandry, compensation for which Compensation * s always sufficiently provided for either by custom or con- for Unex- tract, are to be distinguished from what are called " unex- provements. hausted improvements." Concerning the latter the Legis- Agricultural lature, thinking tenants insufficiently provided with means Holdings Act, of compensation, pretended to come to their assistance by the Agricultural Holdings Act, 1875. But, as this Act leaves the parties at liberty to exclude its operation by agreement, it has practically scarcely any operation at all. The student should here refer to the terms of the Act as set out in the Supplement (post). Although it is usual, as we have said, to exclude its operation, and to make com- pensation a matter of bargain between landlord and tenant, the Act contains a useful summary of the matters concerning which the question of compensation may be raised, and it will be observed that it includes in its list of " improvements " the consumption of purchased manure and of purchased foods acts to which we have already alluded as taken in the nature of ordinary farming operations than of " improve- ments." Proceeding now to consider the question with reference to the three classes of acts or processes men- tioned in the statute as " improvements," we may say that, assuming the operation of the Act to be excluded, the LETTING AND LEASES. 43 subject presents itself to the steward under two aspects. CHAP. I. He has, firstly, to consider, on letting the land, for what Condensation acts the tenant shall be compensated as a matter of right f r under the terms of the lease ; and we have above stated the provemetits'. points (the consumption of purchased manure and foods) which the provisions of the lease should in any case cover, although the nature of the holding may not unfrequently be such as to make it desirable to extend the provisions to other points also. But, secondly, after the lease has been executed, the tenant will often apply for leave to Application perform acts of improvement on the terms of having com- Q^"^ pensation allowed him for so much of the operation as special acts. he cannot himself profit by; and then the landlord or his agent has to decide whether or not the proposed operation is a desirable one, and he must approach the subject in a reasonable and liberal spirit, and not in a spirit of deter- mination to insist upon the lease and nothing but the lease. For it is often impossible, in taking a farm, for a tenant Advisability to know what special acts will be required of him for the g p |^j ^f. full development of the resources of his holding, and often tracts. as impossible for the steward to provide clauses in the lease to meet every case, no matter how ready the latter may be to meet the tenant in a reasonable and liberal way. It is therefore highly necessary that special contracts during the existence of the lease should be granted freely and fully, when applied for by a good tenant, for such acts as will materially benefit the land. But with reference to acts not provided for by the lease, Whether land- the question may often arise whether they are best per- t enants formed by the application of the landlord's capital or the capital should tenant's. In our opinion, those acts referred to under Class I. in the Agricultural Holdings Act are such as should be, with four exceptions, undertaken by the land- lord ; such exceptions are : Laying down of permanent pasture. Making and planting of osier-beds. 44 ESTATE MANAGEMENT. CHAP. I. Sect. 4. Compensation for Unex- hausted Im- provements. Erection and enlargement of buildings. Acts in Class II. Planting of hops. Reclaiming of waste land. With regard, for instance, to the erection and enlarge- ment of buildings, one of the subjects comprised in Class I., the expenditure of tenant's capital for this purpose is not to be encouraged. When buildings are really required, most landlords, upon a fair payment of interest, will carry out the work. When the landlord cannot find the sum neces- sary, he is able to borrow and to secure the repayment of the loan by creating a rent-charge upon the property suffi- cient to pay capital and interest ; so that, if the rent- charge is borne by the tenant, there is really no excuse for the non- carrying out of necessary improvements. It is to the land- lord's interest to leave the tenant's capital unshackled for the direct benefit of the land. Good and sufficient farm- buildings are of course necessary, and money judiciously laid out in this respect will yield a fair and reasonable return ; for the farm will let at a figure proportionately higher, to the extent of, at least, 5 per cent, upon the outlay. For example : supposing a farm of 500 acres is let with old and insufficient buildings for 450Z. a year, or 18s. per acre. Let 1500Z. be laid out in the building of cottages, warm sheds, covered yards, and other conveniences, and we have an extra sum of 75Z. a year as interest, to meet in the shape of extra rental, or 3s. per acre only an increase of rental which most tenants would consider to be made up to them by the increased accommodation. Those acts, however, which are comprised in Classes II. and III. are what most concern us here. These acts are : CLASS II. Boning of land. Chalking of land. Claying of land. Burning of clay. Liming of land. Marling of land. LETTING AND LEASES. 45 CLASS III. CHAP. I. Application to land of purchased artificial or other compensation manures. for Unex- Consumption on the holding by cattle, sheep, or pigs, of cake or other feeding stuff not produced on the holding. Act(j Such acts as these are clearly operations to be under- Class in. taken by the tenant with his own capital. The improvement caused by most of the acts contained in Class II. should, in our opinion, be considered as ex- hausted in a much shorter period than that suggested by the Act, which defines the period in each case as seven years. Three or four years is generally sufficient ; com- pensation after that is buying what may exist, but what nevertheless is very difficult to appreciate. The benefit derived from the operation has become so merged in the soil as to make it almost impossible, practically, to set a money value upon it. Under Class III. one year's compensation is ample, and often more than is necessary, as will be hereafter shown. We will now proceed to discuss in order the various operations and applications which appear suitable for per- formance by the tenant, and explain the circumstances under which they may be deemed necessary and beneficial, and the mode of performing them, and the amount of compensation to be given. A tenant, without special agreement, will not, of course, Laying down desire to lay down permanent pasture unless he has several years still to run, so that he may expect to reap the advan- tage of his outlay. If his tenancy is of short duration, and he feels that such an act would be beneficial to his holding, he will, if he is wise, consult his landlord and obtain his sanction. As the laying down of land to permanent pasture is generally looked upon in these times as wise and judicious, he is not very likely to meet with a refusal. The sanction, however, if given, should be conditional on the work being done thoroughly, and with care and judgment, and on the seeds being bought from an approved firm, for 46 ESTATE MANAGEMENT. CHAP. I. Compensation important nature. In some cases the landlord may possibly for Unex- b e willing to find the seed, and the tenant the labour. In Jiausted Im- / i i -i provements. that case the agreement (which should be in writing) to give compensation may be made on the following scale : If the term expire the first year after the operation, the tenant to receive 20s. per acre; if the second year, 15s. per acre; if the third year, 10s. per acre. But beyond that period no compensation should be allowed. If, on the other hand, the tenant finds the seed as well as the labour, the figures may be raised in each case 20*., 15s., and 10s. respectively. There may, of course, be reasons why the laying down of certain fields in pasture may be of doubtful benefit ; in fact, a future tenant may consider the value of the farm decreased by the alteration. The land chosen should be near homesteads, low-lying bottoms well watered, oddly shaped fields difficult to culti- vate, or otherwise specially adapted. Making and The method of planting of osier-beds is fully ex- P lained under the head of " Willow " (P st }> and it i^ therefore, unnecessary to state it here. The operation is one that will only occasionally present itself to the land steward as the act of a tenant. When, however, a tenant desires to perform it, his offer to do so should be in most cases accepted as a decided improvement, and worthy of encouragement. If the tenant has a considerable time still unexpired, he may be content to perform the operation without compensation, as the osier crop soon reaches a profitable growth, and quickly repays any outlay that may have been incurred. But in case he holds by the year, or has only two or three years of his lease still to run, he is not likely to undertake the operation without first arranging a fair basis of compensation. Such a basis appears to us to be : If the term expire the first year after the planting the full cost. LETTING AND LEASES. 47 If the second year two-thirds. CHAP. I. If the third year-one-third. This is an expensive operation, and is generally looked f r upon as a marked improvement to an estate, so that the tenant can scarcely need the sanction of the landlord. p lant ^~ to 8 When, however, the term is short, and the tenant seeks compensation, he must apply for permission, as he cannot expect his landlord to submit to a demand for compensation, if the application is first made when he leaves the farm. One matter that must weigh with the steward is, whether the proposed planting will entail the necessity for extra kiln room. If this is the case, it at once opens up a fresh outlay, and consequent increase of rent in shape of interest. This is mentioned simply to impress upon the reader the necessity for foresight and care. Compensation for three years, by which time the new garden will be in full bearing and consequent profit, will fairly meet the case; e.g., a fair basis for compensation seems to be : If the time expire the first year after planting full cost. If the second year two-thirds. If the third year one-third. The reclaiming of waste land is an operation of great Eeclaiming importance upon many estates ; but it is seldom under- waste land - taken by tenants. When, however, tenants perform it, the best compensation that can be given them is a lease of considerable length, at a nominal rent. If this is resorted to, it is of course necessary to secure a man of capital and character. To arrange a basis for cash compensation before the reclamation is a very difficult matter ; for it is impossible often to estimate either the extent to which the tenant may within a short period of years recoup himself for his outlay, or the additional value which that outlay may> at the end of such a short period, have given to the land. To go generally, however, into the subject of re- clamation is not within the purpose of this work. There are other acts, such as drainage of land, and 48 ESTATE MANAGEMENT. CHAP. I. making of ponds, wells, &c., which may possibly be done Compensation ^7 the tenant by arrangement ; but, as a rule, they are best for Unex. done by the landlord as already expressed. hausted Im- ' J . provements. We come next to the operations under Class II., all or which, to entitle the tenant to compensation, must, like those above considered, be done by arrangement with the landlord or his steward, either by conditions in lease, or by special written contract. They are all expensive and heavy operations, though often in the highest degree desirable. We shall dismiss, with a few passing remarks, those opera- tions which are to a certain extent local, and speak with more detail of the more general operations of boning and liming. Chalking land. Chalking of land must of course be confined to those farms where chalk is procurable close by, as the heavy cartage makes it impracticable in any other. In any case the tenant should not expect large outlay for this purpose to be made good to him by compensation. It acts to a certain extent as lime, but is more slow in its effect. It should be applied in winter, or better still in autumn, so that the frost may pulverise it. Frost is a most perfect pulveriser. Chalk contains such a large amount of water, that the expansion caused by the act of freezing quickly bursts large lumps on which a hammer has but little effect. The action of chalk will be explained more fully under the head of " Liming." Claying land. Claying is a heavy operation, but one nevertheless of great importance upon light sandy soils, provided the supply of clay is close by. Under such conditions, it is a proper subject for compensation, for, say, three years. Clay burning. The burning of clay is an important operation when the soil is very plastic and tenacious. Burnt clay never returns to its original state when exposed to the action of the weather, so that when mixed with a heavy clay it serves to make the soil more kind and workable. To conduct this operation thoroughly, however, is very expensive, and it is seldom resorted to. Where it is done with the landlord's LETTING AND LEASES. 49 concurrence, he may properly regard it as being during four CHAP. I. years a fit subject for compensation. Marling was once greatly resorted to, as the pits in many f r parts of England fully testify. Marl is carbonate of lime in a soft state, and mixed with clay and sand. Marls vary M arling . in value in accordance with the carbonate of lime they con- tain. Some contain but little, say 10 to 20 per cent., others as much as 80 per cent. Beds of marl are found in the greensand formation containing a considerable quantity of phosphate of lime. When this is the case, it becomes a very valuable dressing. This substance is found in nearly all marl, but often to such a limited extent as to be almost untraceable. When found, however, in the greensand, it sometimes amounts to 10 per cent. This operation, therefore, when the lime contained in the The method marl is of fair proportion, may be classed as highly ^ ar j 8 1 effective, and one that should be fully encouraged. It is important, however, that the steward should be alive to the quality of the dressing ; he may otherwise pay heavily for a dressing of simple clay, of little or no value, possibly even injurious. He can test the substance fairly well by pouring on a heap of the substance a weak solution of muriatic acid. Effervesence will be produced if carbonate of lime is present, for the carbonate of lime consists of carbonic acid and lime in combination ; but the lime has a greater affinity for the muriatic acid than for the carbonic ; and therefore immediately unites with the former, and releases the carbonic acid, which escapes in gaseous form, causing the effervescence. This operation, when the marl is really good, may rank for compensation for five years. Boning requires fuller consideration, as it is more resorted Boning land, to at the present time than many of the operations already described. Bone ranks high as an improver, and, generally speaking, the operation is one which merits full compensa- tion. The dressing is principally applied to pastures, especially in those districts where cheese is made and where young stock are reared, the object of it being to return to E 50 ESTATE MANAGEMENT. CHAP. I. Sect. 4. Compensation for Unex- hausted Im- provements. Visible effect of bone- dressing. Object of bone- dressing. Compensa- tion. the soil the phosphate of lime extracted by the constant production of milk and bone. But little effect is visible to the eye, and many have very little faith in the dressing on this account. We have in one case found by careful experiment that the weight of hay obtained from a plot dressed with half-inch bone has been less for the first two years than upon the plot unmanured, although the third year has shown a slight increase (see the list of " Experiments upon Top-dressing of Pastures/' chap. vii.). But, although visible effect must not be looked for, it is nevertheless a valuable dressing. Its tendency is to promote the growth of the firm grasses. The fact that every ten gallons of milk contains about half a pound of bone-earth, and every lOOlb. of cheese contains 2lb. of the same substance, is of itself suggestive of the necessity for restoring to the feeding ground the substance so extracted from it. If a pasture is grazed for years by cows, and no attention is paid to this important fact, it would seem that the natural result must be the exhaustion of the soil, so far as regards this particular element. Again, when we consider the amount of the ingredients constituting bone-earth which are requisite to supply young stock with bone, and how year after year pastures are grazed and no attention whatever paid to this, the proba- bility would seem that our stock must degenerate for want of necessary material, unless we replenish the exhausted stores. In Cheshire and other cheese-producing counties we believe the application of bone is made compulsory, and it ought to be so to some extent on all farms where pastures form an important feature of the holding. The plan which commends itself to us is to dress to the extent of 7cwt. per acre once in seven years, giving compensation for the whole of the period, i.e., one seventh of the dressing being treated as exhausted each year. We recommend the use of half or quarter-inch bone, i.e., crushed bones that have passed through meshes of such LETTING AND LEASES. 51 sizes ; and we give the preference to raw bones on account CHAP. I. of the gelatine they contain, this being an extra nitrogenous compensation manure, although the presence of gelatine retards to some fa &<&- extent the necessary decay. Bone dust is, of course, pavements'. more rapid in its action, but it is so liable to adulteration, and the adulteration so difficult to detect, that its use is Adulteration attended with considerable anxiety. Applying once to one rf bone -dust. of the first manure manufacturers' in England for bone dust, their reply was that they could supply bone dust, but only at considerable expense, as it must come direct from their own works, for they could warrant none bought elsewhere. Compensation over so extended a period should, however, Compensation be allowed only when the dressing is of raw or undissolved to ^. ppl y to , T T undissolved bones. When dissolved their action is more rapid, and bones only, therefore the effect is less permanent, and the operation merits compensation for a shorter period, only such com- pensation, in fact, as would be applicable to a dressing of manure under Class III. The cost of boning is heavy. The market price varies, Price of bone, but 9Z. 10s. per ton may be taken as an average price, to which must be added cost of application. It is evident, therefore, that though absolutely necessary, the application must be made with judgment. Soils vary much with regard to the phosphate of lime they contain ; for instance, the soils of the upper greensand are rich in such ingredients, consequently the application of bone to such land is less imperative than upon other soils where they are almost absent. This proves the necessity for some knowledge of geology in the proper management of estates (see post, chapter viii.). Undissolved bones are sometimes applied to arable land, Application and the practice is to be much recommended. Where, J"^ 18801 ^ ' bone to arable however, it is resorted to, compensation must extend only to land, three years, as the conditions render the action more rapid. Liming is a most important operation upon most farms, Liming land, and one too often neglected. There are few soils that would not repay a dressing of lime. All plants need lime 2 52 ESTATE MANAGEMENT. CHAP. I. directly ; it also acts upon the vegetable matter or Compensation " humus " contained in the soil, and renders it soluble, and for Unex. fit for plant food : it combines with the acids in the soil, hausted Im- _ . _ . provements. and removes sourness, and also upon mineral matters, fitting them for entering into the roots of growing plants. Seasons for The reasons for applying lime, and not chalk or other lime- stone, are twofold. In the first place, this course is a great saving of labour. When chalk or other limestone is burnt in a kiln, the carbonic acid which it contains is driven off, leaving behind the lime only. This substance is quick or hot lime. If water is poured upon this, or if it is left exposed to atmospheric action, it falls into a fine powder, and is said to be " slacked." If applied to land in its quick or caustic state, its action is more rapid, but this application is only re- commended in the reclamation of peaty or heavy clay soils. It is best to leave it in a heap for a year, when by the action of the atmosphere it crumbles gradually, and having a great affinity for carbonic acid, attracts it from the air, and again becomes a carbonate, but reduced to a fine state of powder, and much lighter than in its original form. A ton of chalk when burnt will produce only ll^cwt. of lime, therefore, if we cart chalk, we cart 8f cwt. in every ton of matter not required. Such a great saving in cartage is effected only in the event of the lime being carted in a caustic state ; if allowed to slack (or slake as it is often called) it gains weight, one ton of pure lime becoming 26^cwt. of slacked lime. But in either case, it is clear that a great saving is effected in labour. The other and more important reason for the use of lime is, that in the state of powder, it acts at once and vigorously. Lime to be The application should be superficial, its tendency being ficfaUy d 8Uper " to work down ' :t should not > therefore, be ploughed in, but be used as a top-dressing. Quantity re- The quantity used will depend upon the length of time qmred. between the application. Some prefer, little and often, others a heavy dressing once in eight or ten years. A full dressing is 1 bushel to the rod, or 160 bushels per acre. LETTING AND LEASES. 53 This is expensive, and only necessary under extra- ordinary conditions. No rule as to compensation can be Compensation laid down, but it is a safe subject for full and free acknow- f r Unex- ledgment. The cost of the lime (perhaps sixpence per provements. bushel), and of the cartage and application, can be easily obtained from the outgoing tenant, and the necessary Compensa- amount of compensation can be reckoned in accordance tion * with the time that has expired since the application. A full dressing, in our opinion, may be considered as not ex- hausted till the expiration of seven years. With regard to the compensation for the acts comprised under Class III., it may, as we have stated, be foreseen and provided for in the lease. It is as necessary for the land steward to provide compen- Consumption sation for consumption of cake and other purchased food, as th c e * p u ^ for the tenant to exact it, as it is this full feeding of cake chased food, and other purchased foods to the last day of the term, that determines in a great degree the future letting value of the land. And it is not likely, as already expressed, that a tenant, shortly bound to quit a farm, will purchase food which he knows will only partially benefit himself, without feeling sure of repayment for that portion that lies buried in the soil. This portion is so exactly defined by analysis, that the basis of compensation becomes a simple matter of arith- metic. The only difficult matters are to be sure of the pureness of the article consumed, and of the actual finding of it in the land. So much rubbish is now forced into the market, with the brand of " pure," that we have to use all our diligence to prevent the payment of compensation for an expenditure for which we have not a sufficient equivalent. These difficulties can only be overcome by generating a feeling of trust, or by unobtrusive but keen supervision. Those who have fed cake upon the land know well its Effect of marvellous effects upon the succeeding crop j the outline of catt 3dmg * the folds can be distinctly traced in the luxuriant growth and dark colour of the herbage. Upon those farms where sheep can be folded throughout the year, there is no better 54 ESTATE MANAGEMENT. CHAP. I. plan of distributing manure than by the feeding of sheep ; Compensation the heavy operation of the dung cart is much reduced, and forUnex- the application is more effective. Also in pastures, where nausted Jm- f i i > , - provements. beasts are ted with cake, the benefit is very marked. As a matter for compensation it has this advantage that what we pay for we see, and feel before the year is out. Compensation The amount of compensation is generally one-third the stuned. 6 " am ount of cake consumed upon the farm during the last year of the term, provided such expenditure does not exceed that of the two or three previous years, but so that compensation shall not extend to that consumed upon land from which a corn crop has since been taken, or to that purchased from money obtained from the sale of hay or straw : (see the clause in the lease, p. 11.) The amount of one-third is fixed because the analysis proves that one-third of every ton of oil cake is left upon the farm in the form of manure. In case of cotton cake, two-thirds are left, and this peculiarity is sometimes noticed and allowed for in compensation. We have not alluded to other articles of food ; compen- sation can only be given for expenditure on such as may have been purchased, not for such as have been grown upon the farm, and the manure left from consumption of corn is, in our opinion, too small to merit compensation. The one-third should not certainly apply to the whole bill of purchased foods. Artificial The application of artificial manure merits but slight manures. compensation as applied to arable land. The benefit derived from them is so very transient that we are of opinion that the outgoing tenant reaps what he sows. This does not apply, of course, to such as may have been applied to crops growing at the time he quits. For this he will, of course, be paid as an ordinary act of husbandry of which he does not reap the benefit. Neither does the same prin- ciple altogether apply to pastures. If the reader turns to the list of " Top-dressing " experiments, he will find what a marked effect guano had for three years, and will see that LETTING AND"LEASES/ 55 for such a result substantial compensation can hardly be CHAP. I. ,iv i j Sect. 4. Withheld. Compensation Let your leases be drawn up in accordance with each f r Unex - -i i -i -i -it e hoMsted Im- mdividual letting, and do not too strictly enforce a set provements. form. Give liberty of action to a good man, but secure AdvioTto to yourselves a means of checking bad farming. Let land stewards, your enforcement of due attention to the conditions of the lease involve the smallest possible interference with the tenant. Be ready with advice when applied for, be backward in giving it unasked. Be liberal in com- pensation agreements and otherwise, when the value of the holding will be thereby advanced; but grant no terms without first instituting full inquiry. As you are the medium between the landlord and the tenant, remember that the interests of the two are identical, and that the tenant cannot be alienated in feeling from the landlord without injury to the latter. CHAPTER II. FAEM VALUATIONS. SECTION I. VALUATION GENERALLY. VALUATION FROM OUTGOING TO INCOMING TENANT VALUERS : THEIR APPOINTMENT AND PROCEDURE VALUATION OP TILLAGES ALLOWANCE OP RENT, RATES, AND TAXES MICHAELMAS VALUATIONS : GROWING CORN, ROOT CROPS, PREPARATION FOR WHEAT FALLOWS, CLOVER LEYS CLOVER AND GRASS SEEDS STRAW AND HAY FARMYARD DUNG LADY-DAY VALUATIONS : HALF TILLAGES, WHEAT CROP, SEEDS, SAINFOIN ROOTS SURVEY OF DILAPIDATIONS FIXTURES. CHAP. II. FARM valuation is an important branch of estate manage- Sect. 1. m ent, and every land steward should have a full knowledge Generally, of the subject, whether he is called upon to act on behalf of his employer or not. He may, for instance, when farms usually let change hands, have to act in the capacity of valuer for his employer as outgoing or incoming tenant, as the case may be. Even if he be authorised to employ a practical valuer on behalf of his principal, he should nevertheless be possessed of the necessary knowledge, or he cannot fully protect the interests which he represents. Again, annual valuation will always be necessary upon the home farm for the purpose of the annual balance sheet. Valuation When, however, the farm passes directly from one tenant toiucomg llg ^ an other, the question of valuation is primarily one tenant. FARM VALUATIONS. 57 between the outgoing and the incoming tenant, and in that case the land steward may have no special concern with it, but will only have to see that the outgoer has so far performed his covenants that there will be no difficulty at the outset in enforcing the performance of the like covenants from the new tenant : (see the remarks on dilapidations at the end of this section.) With regard to the ordinary valuation of those acts of husbandry or those substances which it is customary for the incoming tenant, or, if there is no incoming tenant, for the landlord to pay for, as representing the outlay incurred by the outgoer from which he cannot reap the benefit, it is to be observed that there are certain fixed principles of valua- tion generally understood and admitted, but that the exact limit to which the principle of compensation is to be carried in any particular case, is a matter on which it is difficult to lay down decided and absolute rules. In the first place, the outgoer has to look to his lease or agree- ment, which does in many cases, and should in every case, lay down the limit. But in the next place, if the outgoer's right to compensation has not been thus settled by agree- ment between himself and his landlord, he has still the custom of the country to rely upon. The custom of com- pensation varies greatly in different districts, but when the outgoer has ascertained it definitely, and is able to prove its existence, he is legally as safe as though he had an agree- ment on the subject. Local valuers are the only reliable authorities where nice points of valuation are to be decided according to the mode sanctioned by the custom. But every valuer must of course be acquainted with those general principles, without which no valuation can be made at all. In order to act as a valuer or appraiser, a man must be licensed to act as such. This licence can be obtained for the sum of two pounds on application to the collector of Inland Revenue residing in the district. These licences expire on the 5th day of July of each year. Anyone sign- ing an award without such licence is liable to a penalty. CHAP. II. Sect. 1. Valuation Generally. Custom of country. Valuers, their appointment and pro- cedure. 58 ESTATE MANAGEMENT. CHAP. n. The appraisement, i.e., the inventory of goods with the Valuation value attached, must be written upon stamped paper and Generally, signed by the valuer or valuers as the case may be. The only exemption, bearing upon estate management, is when the appraisement is for the purpose of probate. Stamp duties. The following are the stamp duties : s. d. Not exceeding 50 2 6 Exceeding 50^ / 100 ...... 050 100 f and not \ 200 10 6 200 f exceeding 1 500 15 500 J (,1000 100 i The award. The form of valuation, or the award, is simply the bill or account from the one party to the other. When signed by the respective valuers, it is presented by the person acting for the outgoer for payment, either to the other party direct or to his valuer. When paid, a receipt is given for the money on the award, no further stamp being required. It is then held by the incoming tenant as proof of payment, a copy (which requires no stamp) being furnished to the outgoing tenant. The valuer acting for the outgoing tenant takes the initiative in settling the values, his task therefore is some- what more onerous than that of his fellow. It is clear that no satisfactory result could be arrived at if the detailed figures adopted by valuers were made known to the respective parties. No gentleman could undertake the task of valuation if he knew that every figure he decided upon would be subjected to the cross-examination of the parties most interested. Therefore it is the practice to render to the incoming tenant a full inventory of the items under question, but as to the value the sum total only is added. To explain this more fully an example is given of both the fully-priced inventory, and the same as it is for- warded to the respective parties : (see p. 76 80.) Appointment The outgoing and incoming tenants each select and uers ' appoint a valuer ; these valuers, when they meet, select on FARM VALUATIONS. 59 their part a third, or "umpire." This they do in writing, CHAP. II. i.e., they make an entry in their books somewhat to this valuation effect, viz. : flenemtfy. We hereby agree, in the event of any dispute arising in the valuations upon Farm, to submit the same to A. B., and we agree to accept his decision upon all points as final. (Signed) C. D. E. F. In the event of a dispute arising a joint letter is written Reference to to A. B., informing him of the fact of his appointment as umplr< umpire, and requesting him to meet the parties in consulta- tion at such and such a place, and at a specified time ; or, when possible, the subject is submitted to him by post for his decision. He will reply to each party ; and, his decision having Umpire's fee. been given, he will forward a moiety of his charges to each. This charge will vary in accordance with circumstances, but is seldom less than three guineas, and from that to six. We may here mention that valuers' charges are based, as Valuers' a rule, upon the amount of the award. In some counties c axs6a - they are paid by the day, probably about three or five guineas, and expenses. When by percentage it will range from 2 1 to 5 per cent. The expense of the stamp is shared, i.e., a moiety is paid by each party. We shall confine our observations in this section to the valuation of those acts and substances which are left gene- rally upon the farm, assuming that all live stock and imple- ments have been sold by private treaty or auction. Never- theless, arrangements are often made, whereby the whole of the farmer's stock passes to the incomer by valuation ; this, however, is not to be encouraged. The term tillage represents those acts of husbandry Valuation of which are essential to the cultivation of the holding, and tma s eSi which consist in the working of the soil, viz., ploughing, harrowing, drilling, labour on manure, and such like. All these operations cost money, cause wear and tear of 60 ESTATE MANAGEMENT. CHAP. II. machinery, cause risk to horses, and require the farmer's Valuation skill. The value, then, of these respective acts is the cost Generally. o f t nem reckoned upon the above bases. Example of Take ploughing as an example : age ' Suppose it requires two horses to plough a certain soil the calculation is made as follows : s. d. Keep and risk of a horse per day 3 6 Ditto. Ditto. 3 6 Ploughman's Wages 2 6 Wear and tear of plough and harness 1 10 6 Farmer's skill, and interest on capital, and loss of time in bad weather . 1 6 Tillage must be properly performed. Cost of various tillages. The cost of ploughing one acre 12 An important matter to bear in mind, however, is, that all operations, to merit their full value, must be well per- formed ; it would be obviously unfair to the incoming tenant and also to the painstaking outgoing tenant to charge the same for an acre of land, whether well or ill-ploughed. So much more than is generally supposed depends upon good cultivation that this is all important. All the acts of husbandry are reckoned in this way, and we give the following list with the prices which we have found suitable in Hampshire. They will, of course, vary more or less in other places. s. Ploughing, from 12 Harrowing , Dragging , Drilling , 3 Pressing , 5 Cultivating Sowing broadcast, from Horse hoeing, from Rolling (light or heavy), from 1 Filling, carting, and spreading dung, from 10 Hand hoeing, from 4 When valuing tillages, therefore, the fields are visited in rf. s. d. to 16 per acre. 8 per tine. 1 to 3 6 per acre. to 7 6 6 to 5 4 to 8 8 to 1 to 2 to 12 to 7 FARM VALUATIONS. 61 rotation by the valuers, and the acts of husbandry, given by CHAP. n. the farmer or bailiff, are entered in their respective note-books, valuation The full value of those operations only must be allowed Generally. from which the outgoing tenant has reaped no benefit, and Method of which are as beneficial as they should be to the incomer. pro For if the object of the cultivation has not been arrived at, owing to imperfect execution, it is unfair to charge it all to the incoming tenant. For example : A fallow, thoroughly performed, has been money well expended, and no incoming tenant will grudge the amount ; but if the fallow, after an apparently full tillage has failed in its object, if the land is still foul, it is hard and unfair to charge the full amount to the incoming tenant. Some portion must be borne by the outgoing tenant, who must suffer from the incompleteness of his work. On the other hand, when the farmer has done his best to Failure of secure a crop, and the crop, through no fault of his, fails, it crops- would be hard upon him to suffer the loss. The result of this would be to leave a large acreage uncultivated at the end of the term ; as, if a farmer felt that repayment of his labour was subject to the success of the crop, he would prefer not risking it. All the incoming tenant under the same circumstances could do would be to sow, and leave the result to Him who gives the increase. Therefore, where a root or other crop fails from no fault or neglect, the full amount expended upon it should be paid by the incoming tenant without question. The matters submitted to valuation will, of course, vary Allowance of with the period. If the change of tenants takes places at renf > rates > r r and taxes. Michaelmas the items to be considered will vary con- siderably from those presenting themselves at a Lady-day valuation. In a Michaelmas valuation in some counties we have to deal with rent, rates, and taxes, in others they are not allowed at all. Fallows and root crops receive at Michaelmas in some districts the full amount of these 62 ESTATE MANAGEMENT. CHAP. II. paid by the outgoer, in others the charge is not made Sect. 1. , 11 Valuation at a "* Generally. j^ Lady-day, however, some allowance must be made as will hereafter be explained. Michaelmas In a Michaelmas valuation we may have to deal with valua ion. growing corn, and we shall also have to consider such tillages as bear upon the root crop, the preparation of clover ley for wheat, summer fallows, and clover seeds. Growing corr. In some instances a Michaelmas valuation will include the growing corn. When this is the case, the decision upon quantity must be arrived at in July, as it is impos- sible to value quantity when in stack. When, therefore, an arrangement of this kind has been entered into by the respective parties, they will communicate with their Method of valuers, who will before harvest, together or separately, as they may deem best, walk through and inspect each field. In their notebooks they will enter the name of the field, acreage, kind of corn, and their opinion as to quantity. These figures they will compare, and when they have arrived at their decision, the values will be left until Michaelmas and decided in accordance with the market price at the time. Such values, will be less the cost of threshing and dressing and conveyance to market. In the case of wheat 20*. per load or 4s. per quarter may be reckoned as a fair deduction. In barley and oats 2s. Qd. or 3s. per quarter. Much care must be taken in valuing standing corn, and perhaps nothing tests the ability of a valuer more. He must take into consideration the straw, the quality of the grain, the ear, whether well filled or deficient, the blights to which the crop is subject, and whether the attack is likely to decrease the yield, or injure the quality. To be able thoroughly to comprehend this, he must have, if not a scientific, at least a practical knowledge of blights, for the wheat crop is subject to at least four or five enemies in the form of blight, to a greater or less extent every year. This subject will, however, be spoken of hereafter. FAfcM VALUATIONS. 63 Sometimes root crops are valued by the value of the crop CHAP. n. per acre ; but it is more often reckoned at the cost of the cultivation. When the former method is resorted to the Generally. outgoing tenant, if the crop is a heavy one, will reap a Root crop. decided advantage ; when, however, the crop is light or a partial or full failure, the result to him would be disastrous. If this plan is resorted to, the valuer proceeds to arrive at the quantity per acre, and to reckon the same at its feeding value. A proportionate part of an acre is measured off in a portion of the field where the crop represents a fair average (a square rod, i.e., 5 yards square, is a useful size), the roots from this are carefully weighed, and this result multiplied by the acreage of the field gives a fair idea of the total quantity. The feeding value of roots may be roughly stated to be at the present Feeding value time as follows: Mangold .................. 12s. per ton. Swedes, from ............ 12*. to 13s. per ton. Turnips ............ 8s. to 10*. The fairest way, however, of valuing a root crop is to Method of take the sum it has cost to produce. This sum includes, l ng a root perhaps, three or four ploughings (unnecessary on clean land), repeated draggings and harro wings, drilling, seed, and manure, application (occasionally) of dung, hoeing, &c. ; in some districts even rent and taxes are included. The cost, therefore, under any circumstances is heavy, ranging often from 5Z. to 7L per acre. Preparation for wheat may be by summer fallow, and on Preparation heavy clay lands, such is often the case. The cost is very heavy, especially when a year's rent and taxes are allowed, as is the case in some parts of Sussex and Surrey. It is not an unusual thing for a fallow to cost under the latter circumstances 7Z. or 81. per acre. Four, or even five ploughings with their accompanying dressings may be allowed, but valuers should not allow more than this ; the land ought not to require it. It is unnecessary to describe a fallow, it has been so 64 ESTATE MANAGEMENT. CHAP. H. Sect. 1. Valuation Generally. Clover leys. Clover and gross seeds. Failure of clover. Sainfoin. often done, and the reader can refer to many good authors upon the subject. It is necessary, however, to state that, except upon heavy clay lands (where the practice is absolutely necessary to secure a heavy crop of wheat), it is not only a proof of the foul state of the farm, but is abso- lutely ruinous ; and as it ought not to be necessary, great care must be taken by the valuer for the incoming tenant to protect his client against any such claim. The incomer should only pay for as much of the operation as would have been necessary were the farm clean and in good condition. To obtain the full value of a " fallow " no crop of any description must have been taken off the land since the previous harvest, i.e., the land must have rested for one year. In the preparation of clover leys for wheat, we shall have, at this early period, little but the labour on the dung, ploughing, and pressing. The valuer here will have to exercise great judgment as to the quality of the ploughing ; a good furrow alone will secure the necessary firm bed, and the " tread " so much desired for wheat depends almost entirely upon this operation. Clover and grass seeds are the seeds sown with the late grain crop, and intended for the following year's hay crop. The value is the cost of sowing and of the seeds. If the seed bills can be obtained, they are generally entered in the valuation as they are, in full ; if not, a sum supposed to represent the value may be taken about 12s. per acre is a fair amount for an ordinary mixture of grass and clover seeds. This crop, like the root crop, will sometimes fail. When this is the case, the amount must be paid by the incomer, unless the failure can be proved to be due to carelessness or neglect. Sainfoin roots will be mentioned when we treat of a Lady-day valuation. Special acts of husbandry we need scarcely mention, they are all based upon the same prin- PAEM VALUATIONS. 65 ciples, viz., giving to the outgoing tenant a return of his CHAP. II. .-...', , . Sect. 1. money judiciously expended. Valuation Straw and hay are reckoned at either market or feeding Generally. value, as may have been agreed upon. The usual method Straw and of valuing straw is by the acre, not by the ton or load, as y ' is the case with hay. The feeding value is generally 7s. or Feeding value 9s. per acre of wheat straw, and about 2s. more for that of barley and oats. The market value is about 30s. or 40#. per acre, accord- Market value ing to the market and the nature of the soil on which the s raw ' straw has been grown, some lands being capable of growing very heavy crops of straw, whilst others will carry but little. When straw, however, is in stack, and the acreage un- known, it must either be measured or trussed out ; about eighteen to twenty yards may be taken to represent a ton. Straw is often left upon the farm free of charge, the in- coming tenant taking it away from the machine at his own expense ; but this custom varies much, and this matter should, as already stated, be provided for by the lease. If no charge is made, the outgoing tenant has no interest in it ; he is consequently careless about it, and much loss is the result. Hay is also valued at either market or feeding price. Feeding and The difference between the two is generally about 20s. per JJ ton, or a sum sufficient to cut and carry it to market. The method of measurement and computation of weight is given on page 71 . With regard to straw and hay, and also with regard to dung, the right of the outgoing tenant to compensation, or the manner of computing it seems, when it is left to custom to vary so much in different counties that it is preferable in this (as in all other matters) not to rely upon the custom, but to have the understanding of the parties expressed in the lease. Farm-yard dung is often left free of charge upon the Farmyard dung. 66 ESTATE MANAGEMENT. CHAP. H. Sect. 1. Valuation Generally. Value of farm- yard dung. Weight of farmyard dung. Cost of labour on farmyard dung. Lady-day valuations. farm, the outgoing tenant receiving only the amount of labour he has expended upon it. In some counties, however, the dung itself is paid for. Where a proportion of the cake consumed has been allowed for, it will be unfair to add a value to the dung on this account ; where, however, no allowance of this description has been made, and much cake has been consumed, the increased value may be looked upon as considerable. It is necessary when dung has to be valued, to get it into heaps, so that the quantity may be arrived at by measurement. A cubic yard of dung will weigh about 15 cwt., equal to a small cart load, a large cart will hold nearly one and a half a yards. The value will range from 3s. to 5$. per load, when the value of the cake has been taken into consi- deration elsewhere. If it has not been the value may range from 7s. to 10s. per load. When labour alone is considered, the amount for filling, carting, and spreading is reckoned at Is. per load, or 10s. to 12s. per acre. When in mixens or heaps, at 9d. per yard, or a little more when the distance of cartage is considerable. The heap or mixen should be well made to prevent loss by exposure to rain. When carelessly conducted, but a small allowance should be made. Reference is made to the chapter upon " The Home Farm " for further remarks upon this important subject. The above form the principal features of a Michaelmas valuation. We will now proceed to discuss the like points as they present themselves to us in a valuation at Lady-day. The acts of husbandry and other matters which we must note on a valuation at Lady-day, differ considerably from those to be dealt with at Michaelmas. For we enter the farm in the middle of the farmer's year, whilst Michaelmas, of course, represents the close of his year in a financial point of view. We find, therefore, his wheat and oat crop sown, his root crops nearly fed off, and much of his land either sown or prepared for sowing with barley. Therefore, FARM VALUATIONS. 67 whilst the principle of the valuation remains the same, the CHAP. n. result will be widely different. vdfiZtbn The customs concerning entry at this period, as well as Generally. all others, differ greatly in nearly every district; we do not profess to enumerate them. The desirable object to attain is to do away with the necessity for joint occupation. The practice of entering months before to prepare for the wheat crop, or in February to prepare for sowing Lent corn, or the practice of sharing the crop, i.e., the incomer reaping and harvesting the whole, and having the right to a portion as repayment, are all objectionable. We have known com- pensation so successfully managed as for a tenant to enter at Lady-day, and not even to come in contact with the outgoing tenant at all. The matter which will principally require our considera- Half tillages, tion is that of half-tillage. When the roots were fed off the land, the sheep carried to market only a portion, the rest they returned to the soil in the shape of dung. The outgoing tenant naturally claims this dressing. He says, " If you do not allow me something for this, I ought to reap my own crops and take from them what you refuse to give me." His demand is a just one. Joint occupation, however, for so long a period, would be undesirable, therefore either custom or the agreement of the parties usually provides some arrangement to obviate this. Half the cost of the cultivation of the root crop is given to the outgo er, hence the term " half- tillage " is given to it. This is, however, not very fair. The sheep have not left one half of the crop behind them. In our practice in this matter we have not followed the usual course, but have endeavoured, whilst giving a fair compensation to the outgoing tenant, to secure to the incomer a fair dressing for a fair price. In agreements, therefore, for Lady-day, we allow " compensation for roots fed off," but limit the amount to 30s. or 40s. per acre. If the root crop has been a heavy one, the full amount may be given, if it has been a light one 15s. or 20,9. may be quite sufficient. 68 ESTATE MANAGEMENT. CHAP. n. The plan has, however, this disadvantage, that when land Valuation nas been ploughed and sown, it is difficult to know whether Generally. a heavy or a light crop has been consumed off it, and we have only the tenant's word to guide us ; but even with this disadvantage it is fairer, in our opinion, than subjecting an incoming tenant to a payment for a heavy dressing which he has not obtained ; or, if " one-third tillage " instead of " half tillage " was resorted to, the case would be still more fairly met. Wheat crop. The tillages of the wheat crop will, of course, be paid in full, and will consist of ploughing and pressing, after the spreading of manure, dragging and harrowing, drilling, and seed, and other acts of tillage, that may have been deemed necessary as already mentioned in a Michaelmas entry. An important item, however, in this case is the repayment of half a year's rent, taxes, rates, and tithe rental. It is clear that this is fair and reasonable. The outgoing tenant has paid half a year's rent upon land from which his suc- cessor will reap all the benefit, and the crop would be reaped but for this, for only half a year's rent. The half year's tithe rent-charge, too, being upon the crop under question, as already explained in the last chapter, must also be paid by the incoming tenant. In the event of the wheat crop being sown upon a fallow, the valuation would extend to the whole of the operation. Seeds. Many farmers are tempted to feed young seeds early in spring, especially when they are quitting the farm. Shep- herds are particularly inclined to this when they can get the opportunity. It ought, however, to be strictly dis- couraged, and we have in our Lady-day leases provided for this, by disallowing compensation in every case when it is resorted to. If the seeds are a full plant and have not been fed off, the valuation will consist of seed and labour, and half a year's rent, rates, taxes, and tithe rent-charge. If the plant has failed or partly failed, the compensation should be withheld or only a portion paid, for this reason, FARM VALUATIONS. 69 that a clover crop ought not to fail when the farm is properly CHAP. II. managed. If by a repetition of broad clover at too short Valuation intervals "clover sickness" results, the incoming tenant Generally. should not be called upon to bear the loss. Sainfoin roots may be met with at Michaelmas or Lady- Sainfoin day. If the crop has been sown the previous season, and has not been fed off since harvest, the outgoing tenant may claim at Lady-day half a year's rent, rates, and taxes, as in seeds. In addition to this he may receive from 30s. to 40s. Compensation per acre for the first year, 20s. to 30s. for the second, and m 15s. to 20s. for the third. It is only on the Lady-day after sowing, that all rents and taxes are allowed. Laying down land to sainfoin is an expensive operation when well performed, but upon limestone soils it is such a valuable crop that full compensation shall not be withheld. It should not, however, extend beyond three years. Half a year's rent, rates and taxes, and tithe rent-charge, are sometimes claimed for the whole farm at a Lady- day term, but we are of opinion that it should only extend to those cases named. A farmer entering on a farm and paying the outgoing tenant compensation according to the custom of the country, has the satisfaction of knowing that at the end of his term he will, by the custom, have a similar right to compensation from his successor. Where the custom is departed from, and the outgoer is compensated according to some special terms contained in his lease, the incomer may be content to deal with him on the footing of those terms, provided the same terms are inserted in the new lease so as to give him the like rights against his successor. We have already stated that custom and opinion differ to such an extent that it is difficult to lay down absolute rules upon the subject of valuation to meet all cases. Sufficient has perhaps been said to enable a young land-steward or pupil to understand the general principles upon which the operation of valuing depends. He must, to a great extent, work out in his own mind the actual bearings of all cases 70 ESTATE MANAGEMENT. CHAP. IL Sect. 1. Valuation Generally. Extinguish- ment of ob- jectionable rights. Survey of dilapidations as they present themselves to him. Common sense will guide him, when set rules would often confound. He must bear in mind, that compensation must be given cheerfully for all acts that visibly affect the value of the land, and for which the operator has received no benefit; and must be withheld for all acts injudiciously and extravagantly carried out; but that compensation (unless in such special matters as we have noticed) should always be within the value of the benefit. We would here remark what an excellent investment of landlords* capital presents itself in some districts in the purchasing of objectionable " tenants' rights " and merging them in the soil. An extra rent might safely be charged, if by the extinguishment of old fashioned rights, the tenant's capital instead of being applied on entry in pur- chasing them, could be retained for immediate use upon the farm. It may be useful here to notice a point which should always, on the determination of a tenancy, engage the attention of a steward. It should never leave the state of repair of the property, or, in other words, the dilapidation which it may have suffered, as a matter to be settled between the outgoing and the incoming tenant. Unless the steward is absolutely satisfied on the point, the best course is for the landlord and tenant to join at the end of the term in appointing a competent surveyor to draw up a schedule of the repairs which, according to the term of the tenant's covenant, he may be bound to execute, and to affix to the schedule an estimate of cost, the document being stamped with an appraisement stamp. If the tenant refuses to agree to having his liability in respect of repairs ascertained in this way, it will nevertheless be the right and prudent course for the landlord to have the report of a qualified person in order to preserve evidence of the actual state of the premises, and such a report the steward should take care to procure. But any difference of this kind would be so injurious to both parties, in the influence FARM VALUATIONS. 71 which it might have upon the finding of a new tenant, that CHAP. n. it is very much to be deprecated. If the matter is valuation amicably settled, the new tenant, aware of the precise Generally. requirements of the landlord in the matter of repairs, may be willing to enter at once and even to execute them him- self, a sufficient allowance being made him by the outgoer for that purpose. It will also be the steward's duty in every case to see Fixtures, that the outgoing tenant does not attempt to remove any fixtures which by being affixed to the soil have become the property of the landlord. But on this point we may refer to the Supplement. SECTION II. RULES FOR ASCERTAINING WEIGHTS OF HAY AND CATTLE AND CONTENTS OF ASH HEAPS. To ASCERTAIN THE WEIGHT OF HAY BY MEASUREMENT. THE weight of hay will, of course, much depend upon the Weight of hay nature of the herbage from which it was taken ; also upon n^^ ea the state of it when carried. Well heated hay sets closely, but late cut hay, when exposed to rain and carried dry, heats but little and conse- quently settles lightly. The difference between the two leaves room for, and requires judgment. The rule is, to measure the length and breadth and Rule- height, multiplying the same together and dividing the product in yards by the number of yards which under the circumstances may be considered to be equal to a ton of hay. This number may vary from ten to thirteen ten cubic yards of well made and old hay being equal to a ton, whilst it may take thirteen yards of inferior hay to weigh that amount. 72 ESTATE MANAGEMENT. CHAP. II. Sect. 2. Rules for ascertaining Weights and Measure- ments. Method of arriving at contents. In practice it is usual to measure the height only a little above the eaves ; if the full measurement of the roof is taken, the sum arrived at will be greatly in excess of the real quantity. The density of the stack may be arrived at by thrusting in the hand, or by forcing in a sharp stick or rod, or by cutting out a piece with the hay-knife. The latter practice is often resorted to when the quantity is large, and in the event of any dispute between valuers. A cut is made from the top, about the middle of the stack, to the bottom, and about two trusses in depth ; this gives a thorough insight into the quality of the rick, and if the same be weighed and the cavity measured, a very exact computation may be arrived at as to weight. If the contents be taken in feet, we may reckon a foot to weigh from 81b. to 91b. Examples. Example : Suppose a stack of well-heated and old meadow hay, measures 33ft. in length, 17ft. in width, and 9ft. in height, what is the tonnage ? 33 x 17 x 9 = 5329 cubic feet. 5329i x 8 (weight per foot) = 426361b. 42636 -7- 2240 (Ib. in 1 ton) = 19 tons. Or, 5329| cubic feet -f- 27 (cubic feet in 1 yard) = 198 yards (nearly). 198 yards -i- 10 = 19-8 tons. Again A hay stack measures 33ft. in length, 17ft. in width, and 9ft. in height. Quality, dry and light. Required, the tonnage V 33 x 17 X 9| = 5329| cubic feet. 5329 -T- 27 = 198 cubic yards. 198 -^ 12 = 16i tons. Second cut clover hay will require a still larger divisor, say, 13 to 14. Hay should not be measured, when great accuracy is required, before Michaelmas. To ASCERTAIN THE WEIGHT OP CATTLE BY MEASUREMENT. To arrive at this there are various rules. It is, however, necessary for accuracy that the measurer should have a FAEM VALUATIONS. 73 considerable knowledge of the points of a fat beast, and CHAP. II. also be cognisant of the facts connected with the feeding, Rules for the length of time in stall, and the nature of the food, ascertaining _ . j Weights and When these points are thoroughly understood and con- Measure- sidered, it is astonishing how very accurate the calculation becomes. We have measured cattle of shorthorn, Devon, and Highland breeds, and, comparing the result of the cal- culations with the actual weight afterwards arrived at by the butcher, have found it often within 41b. of the actual weight. The rule we have found most reliable is the following, but one, nevertheless, needing more than any other, the above qualifications. Take the girth immediately behind the shoulder, drawing Method of the tape fairly tight, then take the length from the shoulder measnrement - to the tail-head, each place being determined by an imaginary perpendicular line, let fall and clearing the fore and hind- quarters respectively. Thus MEASURING CATTLE. Next proceed with your calculations as follows : Square Enle. the girth in feet, and multiply the result by the length, and the product again by a decimal selected from the following table, striking off to the right as many points as are con- tained in the decimal, and the result will represent the weight of the beast in imperial stones : 74 ESTATE MANAGEMENT. CHAP. n. TABLE OF DECIMALS APPLICABLE TO BEASTS OF VARIOUS Sect. 2. Rules/or CLASSES. **$% A moderately fat beaat -23 Measure- A fat beast -24-'25 ments. A prime fat beast -26 A very fat beast *27 To reduce Imperial stones to Smithfield stones of 81b., multiply by 7 and divide by 4. To reduce imperial stones to the score of 201b., multiply by 7, and divide by 10. To reduce Imperial stones to a cwt. of 1121b., divide by 8. The process may be reversed by multiplying by the second figure, and dividing by the first. Another rule is to multiply the square of the girth in inches by the length in inches, and divide the product by 7238, and the quotient will be the weight in imperial stones. Another rule is to multiply the square of the girth in feet by five times the length in feet, and divide by 21, and we have the same result. Examples : A fat ox measures 7ft. 4in. in girth, and 4ft 6in. in length. Required, the weight RULE I. 7 2 x 4i = 53-77 X 4-5 = 241-965 241-965 x -24 = 58 imperial stones. RULE IL (Girth in inches) 88 2 X 54 (length in inches) = 418176 418176 -r- 7238 = 57-7, or 58 imperial stones (nearly). RULE m. Girth, in feet 2 x 5 lengths, in feet -=-21 53-77 X 22-5 = 1209-825 1209-825 -r 21 = 57-6 imperial stones. One-tenth to one-twentieth of the weight may be added in rules 2 and 3, when the beasts are prime or very fat, to correspond with the decimals by rule 1 . To ASCERTAIN CONTENTS OF ASH AND SAND HEAPS. Ash and sand heaps for measurements should be in the form of cones. It is often necessary to calculate the con- FARM VALUATIONS. 75 tents of such. The contents are generally considered in CHAP. n. cubic yards or bushels. In the case of ashes, the labour of Rules for burning is mostly performed by the bushel : in the case of , .f . %. r J . Weights and sand, it is generally sold or bought by the yard. Measure- The rule to find the contents of a cone is, to multiply the me7l<8 ' area of the base by the height, and divide by 3, or by formula : Area of base x height s = solid contents. o Therefore to find the contents of a heap of ashes, pro- ceed as follows : Take the diameter of the base and the height, and pro- ceed according to the foregoing rule. Example : A heap of ashes or sand measures 12ft. in diameter and 8ft. in height. Required, the contents in cubic yards. (By rule of circles, post). 12 x 3-1416 = 37-699 (circumference). Then half the diameter x half the circumference. 6 X 18-85 = 113 (area of base). Area of base X height. 113 x 8 = 904 904 H- 3 = 301i cubic feet. 301 ^ 27 = 11 cubic yards. 1 cubic yard contains about 20 bushels. SECTION III. FORMS OF VALUATION. FORM OF A MICHAELMAS VALUATION IN "DETAIL." TILLAGES. CHAP. H A. R. P. s. d. s. d. s. d. Sect. 3. 400 Mangold. Faithful's Green. 8pfcrf 12 6 H7 6 6drags 1 060 2rolls 1 2 Drilled 3 6 036 4 harrows 8. 2 8 4 Ib. of seed 1 4 4 cwt. mangold manure 8 1 12 4cwt. salt 1 3 5 Filling, carting, and spread- ing (F. C. S.) 12 loads ... 1 ... 3 hand hoeings 4 6 ... 2 horse hoeings 8 ... 5 19 6 23 18 200 Same as above failed. Half dressing allowed.* 5 19 6 200 Cabbages. Faithful's Green. 2 ploughs 12 6 ... F. C. S. 12 loads 12 ... 2 drags 1 ... 2 harrows 8... Iroll 1 ... Planting 12 .., 3 hand hoeings 4 ... 354 6 10 8 15,000 cabbages 3 250 400 Wheat, Eighteen Acres. 1 plough 012 6 Pressed 6 6 F. C. S. 12 loads .. .. 12 500 F. C. S. 12 loads.. 300 Carried forward 47 17 2 * Notice of this is taken upon p. 61. FARM VALUATIONS. 77 A. R. P. *. 500 Mangold. 1 plough 12 6 drags 1 4 harrows 2 rolls 1 Drilled 3 4 cwt. turnip manure 6 5 cwt. salt 1 F. C. S. 12 loads 12 41b. seed 1 2 horse hoes 3 hand hoes 5 Labour on ashes... Forms of Valuation. d. s. d. s. d. CHAP . n. Brought forward 47 17 2 Sect. 3. Oaklands. 6 12 6 060 8 028 020 6 036 6 160 3 063 12 040 8 014 15 3 .... 8 4 11 6 22 17 6 GOO Turnips. Oaklands. 1 plough 12 6 12 6 1 duck foot harrow 2 6 2 6 4 drags 1 4 4 harrows 8 028 2rolls 1 020 Drilled 3 6 036 3 cwt. superphosphate 6 18 31b. seed 8 020 2 7 2 14 3 020 Cabbages. Oaklands. 3500plants 1 015 Planting } l 900 Forrester's Pond. F. C. S. manure, 12 loads 012 0580 330 FaithfuFs Green. Swedes. 5 ploughs 12 6 326 8 drags 1 8 6 harrows 8 040 3 rolls 1 3 Drilled 8 6 036 4 cwt. turnip manure 6 6 160 Broad cast, half manure ... 4 004 31b. seed 5 1 8 Harrowed across drills 006 3 hand hoes 14 6 2 horse hoes 014 Labour with ashes 003 652 23 9 3 Carried forward 114 9 11 78 ESTATE MANAGEMENT. CHAP. II. Sect.' 3. ' A. *, ! . s. d. s. d. *. d. Brought forward 114 9 11 7 Swedes. Faithful's Green. 3 ploughs 12 6 1 17 6 4 harrows 8 028 3 drags 1 030 2 rolls 1 020 Drilled 8 6 036 31b. seed 5 013 4 cwt. turnip manure 6 6 160 Half sown broadcast 4 004 1 horse hoeing 8 008 3 hand hoes 14 6 4 11 5 31 19 11 2 2 Mustard. Faithful's Green. 1 plough 12 6 12 6 2 drags 1 2 2 harrows 8 014 Iroll 1 010 Broadcast 6 006 17 4 2 3 4 2 Rape. Clay Piece. 2 ploughs 12 6 150 4 drags 1 040 8 harrows 8 020 Clod crushed 2 020 2 rolls 1 020 3 cwt. manure 6 18 4 Ib. seed 5 018 Broadcast 1 010 2 15 8 5 11 4 7 Fallow. Clay Piece. 2 ploughs 12 6 150 4 drags 1 040 2 harrows 8 014 Clod crushed 2 020 Spreading lime 1 6 016 1 13 10 11 6 10 150 bushels of lime, at bd. per bushel 3 2 6 8 Fallow. 1 plough 12 6 1 17 6 Clearing and stacking hop poles and ploughing alleys 7 177 11 4 FARM VALUATIONS. 79 s. d. s. d. Hay. 1 stack of meadow hay 8 tons 4 00 12 Sect. 3. Stump of old clover hay 6 2 10 15 Forms of 1 stack of new clover hay 15 Valuation. second clover hay ... 7 ,, > 142 | Turnip pulper, horse gear, chaff cutter 12 10 Sundries 22 acres of hop poles 150 77 acres of straw at fodder price, 7s 26 19 Mixens by roadside 10 Proportion of fur waste and hoofs, as per agreement 15 Proportion of oil and cotton cake 70 Seeds, 23 acres, as per seed bill, or 12s. 6J. per acre 14 13 9 Tank, 1 ton of coal, 4 bundles of brooms, 2 new coops, 8 old coops, 80 head of poultry, 50 bavins, 8 augurs, handsaw, hammer, 4 tin milk - pans, strainer, skimmer, milk - can, 2 buckets, 1 lanthorn, 2 beer stands, 10 hop bags, machine for bagging, 3 baskets, numbers, 47 frames, bedstead, 3 tons of culm, ^ tub of brimstone, 9 bags, 44 hop garden bags, 46 surplices 48 9 TOTAL. Tillages 17711 4 Hay '. 142 Fixed machinery 1210 Hop poles , 150 Straw \ 26 19 Mixens 10 Proportion of manures 15 cake 70 Seeds 14 13 9 Sundries 48 9 666 14 10 80 ESTATE MANAGEMENT. CHAP. II. Sect. 3. THE SAME VALUATION AS PRESENTED TO THE PARTIES AFTER HAVING forms of BEEN SETTLED BY THEIR RESPECTIVE VALUERS. Valuation. Valuation of tillages, hay, and straw, and other effects, from Mr. to Mr. September 29, 187 . TILLAGES. Mangold. The tillage, labour, and seed. A. R. P. 400 Faithful's Green. 200 200 Faithful's Green. 400 Eighteen acres. 600 Eighteen acres. 500 Oaklands. 600 Oaklands. 200 Oaklands. 900 Forrester's Pond. 330 Faithful's Green. 700 Faithful's Green. 220 Faithful's Green. 200 Clay Piece. 700 Clay Piece. 300 Hop kiln field. Failed, proportion only allowed. Cabbages. The tillage, labour, and plants. Wheat The tillage, labour, and seed. Clover-ley. Manured. Mangold. The tillage, labour, and seed. Turnips. The tillage, labour, and seed. Cabbages. The tillage, labour, and plants. Clover-ley. Manured. Swedes. The tillage, labour, and seed. Swedes and turnips. The tillage, labour, and seed. Mustard. The tillage, labour, and seed. Rape. The tillage, labour, and seed. Fallow. The tillage, labour, and lime. 1 plough. Collecting and stacking hop poles, ploughing alleys. 1 stack of meadow hay. new clover hay. second cut clover hay. 1 stump of old clover. FARM VALUATIONS. 81 FIXED MACHINERY. CHAP. II. Sect. 3. A. R. P. Turnip pulper, horse gear, and chaff cutter. Forms of 22 2 Hop poles. Valuation. 77 Straw at fodder price. Mixens by road side. 23 2 Seeds, as per bills (or per acre.) Proportion of fur waste and hoofs. Proportion of oil and cotton cake. SUNDRIES. Tank, 1 ton of coal, 4 bundles of brooms, 2 new coops, 8 old coops, 80 head of poultry, 50 bavins, 3 augurs, 1 hand saw, hammer, milk can, 4 tin milk pans, strainer, skimmer, 2 buckets, 1 lanthorn, 2 beer stands, 10 hop bags, 3 baskets, machine for bagging, set of numbers, 47 frames, bedstead, 3 tons of culm, ^ tub of brimstone, 9 bags, 44 hop garden bags, 46 surplices. The items before mentioned are valued by us in the sum of six hundred and sixty-five pounds fourteen shillings and tenpence. A. B. 665 14s. lOrf. C. D. Memo : The sum of half the stamp is generally added to the valuation. FORM OF A LADY-DAY VALUATION AS PRESENTED TO THE PARTIES. Inventory and valuation of tillages, hay, and straw, and compensa- tion in lieu of " half -tillages," &c., upon , Farm, from Mr. to Mr. March 25, 187 . A. R. P. TILLAGES. 14 Upper Berry Down. Wheat. Tillages, half rent, taxes, and tithe rent-charge. 600 Upper Berry Down. Swedes. Compensation for roots fed off. 900 Lower Berry Down. Fallow. The tillage. 900 Lower Berry Down. Turnips. Compensation for roots fed off. 16 Windmill Field. Turnips. Compensation for roots fed off. Q 82 ESTATE MANAGEMENT. CHAP. II. A. R. P. Sect. 3. 700 Windmill Field. The tillage. Fallow. Forms of Valuation. 12 Seeds. Seeds, tillage, half rent, taxes, and tithe rent-charge. 1000 Windmill Field. The tillage. Fallow. Hay, straw, &c. 1 stump of hay. 13 Wheat and oat straw at fodder price. One-third value of oil cake fed off. The above-mentioned items are valued by us in the sum of one hundred and fifteen pounds five shillings and two- pence. A. B. . 2d. C. D. CHAPTER III TIMBER TREES. SECTION I. TIMBER AND TIMBER-LIKE TREES; THEIR HISTORY, PROPAGATION, TREATMENT, AND USES. THE OAK (Quercus robur) has ranked, and probably always CHAP. III. will rank, as the most valuable of our timber trees. It Timber requires a rich, strong soil in which it can strike down its roots to attain to its full magnitude. On light, open soils it comes to a premature maturity, and often shows signs of early decay ; this shows itself in the growth of moss and lichens, dead branches, and late development of leaf ; and, when cut, an unsoundness is generally found about the heart, near the base. It delights in tolerably high situa- tions, and thrives best in woods and plantations. The oak is propagated entirely from seed, and great care Propagation should be taken to select acorns from well-developed trees, as otherwise all care and attention may end in disappoint- ment. The acorns may be planted any time between October and March in properly prepared nursery beds, and when one year old may be transplanted into rows. Here they must be well hoed, and kept free from weeds. At the end of the second year they should be again transplanted, and the following year, or year after, they will be fit to move to their final destination. The effect of this repeated trans- planting is to encourage root fibre. The oak seldom bears fruit until twenty years old; though this depends much upon soil and climate. When G 2 84 ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. Treatment of young plants. Period of planting. Trees to be planted as nurses. Surface drainage. Pruning. Hide-bound tree?. felled the stump shows great vitality, throwing out abun- dant shoots, which makes it a valuable underwood plant. Young plants, when taken from the nursery, should be lifted carefully, and, if they possess a tap-root, it should be cut off ; they should be planted in holes dug some weeks before, that the soil may be well pulverised, and sufficiently large to take the plant without the use of force. When the earth is thrown in the woodman should lift the plant up and down to allow the earth to find its way amongst the fibres, and finally tread the earth well all round. They should be planted 20 feet apart, and in rows at a like distance, the rows being interlined with fir or other trees for the object about to be mentioned. The oak is best planted early, that it may become esta- blished before the heat of summer sets in ; and care should be taken to plant it in such situations and in such soils as it is likely to thrive in. It should also be planted with faster growing trees than itself, especially when planted in exposed places, as it is, when young, peculiarly liable to injury by frost. The trees, however, which are planted as nurses should not be allowed to smother the oak, but should be removed when they have accomplished their task; as otherwise the oaks become drawn and delicate. Young plantations of oak should be carefully attended to. Where the soil is retentive, and apt to hold water upon the surface, open drains or watercourses should be cut to carry it away, as standing water is fatal to the oak. Pruning must be judiciously done, as a too vigorous use of the knife and saw is worse than no use at all. Branches low upon the stem, or unshapely, may be removed, care being taken to cut in such a way as to allow water to run off from the surface of the cut. It is best to cut the branch about two inches from the stem. The young tree should not be robbed of its leaf more than is necessary, as lung-power is absolutely neces- sary for its full development. Here and there may be found a " hide-bound " tree ; a gash up and down with a knife will sometimes rectify this. A healthy, growing TIMBER TREES. 85 oak may be known by the condition of its bark, which CHAP. ill. should be cracked up and down, all over, as if the rapid Timber, growth was too much for its skin. The uses to which Oak is applied are too numerous to Uses, admit of enumeration. The texture is so firm and close as to fit it for all purposes where strength and durability are required. It bears immense strain, thus fitting it for machinery of all descriptions. In fact, it is adapted to nearly all uses, from the building of our largest vessels to the most delicate piece of household furniture. Being very straight in the grain, it readily splits, and this quality fits it for laths, spokes, and palings. In addition to its qualities as a timber tree, it produces Bark, the most useful bark for tanning purposes ; in fact, almost the only bark used commercially in this country. Other barks are used, viz. that of Birch and Larch, but only to a small extent, and in a few districts ; the latter is very light, and consequently very bulky and hardly worth the cost of carriage. Owing to this value of oak bark it is necessary to fell the tree in the spring, contrary to the treatment usual in the case of other trees. The sap must commence to circulate before the bark will separate from the stem; and it is only from the commencement of the circulation to the bursting of the leaf-buds that the separation is practic- able, as directly the leaf expands and performs its function, the bark again adheres closely to the trunk and branches ; The barking season is therefore limited. It takes place in April and May according to the soil and Season of climate. In localities where the soil is rich, the work is barkin ?- often completed before more exposed districts have com- menced ; thus enabling the workers to pass from one district to another. The work is performed by gangs of men, known as " Strippers/' and is contracted for by the ton of Strippers, bark. The contract includes, felling, stripping, and harvest- ing, i.e., rendering it fit for stacking. The lop and top is left until the stripping is done, when it is made into bavins and stack wood. The usual sum paid for filling, stripping, Cost of barking. 86 ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. Method of barking. Treatment of bark. Price of bark. Proportion of bark to timber. and harvesting is 30s. to 35s. per ton. Tying bavins and stacking stack-wood, about 2s. 6d. per hundred for bavins, and 3s. to 4s. per stack of stackwood. Bark is taken first from the stem, in 2 feet lengths ; it is cut through with an axe at equal distances, and is then forced off with an iron made for the purpose. Where it will not readily separate from the tree it is beaten with a wooden mallet until it starts. This trunk-bark is then set aside and barking the branches is proceeded with, down to the lesser branches an inch in thickness. When all the bark is stripped, the men cut forked props from the branches about eighteen inches long and drive them into the ground, and upon these lay straight hazel or ash rods ; against these props the bark is set up, the small branch- bark first, the best of the trunk-bark being used for cover- ing over the top. Bark should always be set up with the inner side well protected. In some districts they erect stages, by cutting forked props three feet long, laying across these pieces of small wood, and again upon these transversely other pieces or small poles, to serve as a kind of table to hold the bark. When dry, it should break when bent, and not bend like a green stick. If in good order the inside will be of a pale creamy colour ; if dark, it is a sign of the presence of but little tannin the quicker it is dried the better. If rain sets in, it is best to leave it alone, only looking to it regularly to set up what may have fallen ; by no means turn it. When fit, it is either tied in bundles with withies, or carted away loose or cut up into small pieces and placed in sacks. It is sold by the ton, and generally delivered by the seller to the nearest town at his own expense. The price of bark varies, but may be stated at 4Z. 10s. to 5Z per ton. About one ton of bark may fairly be expected from every three or four tons of timber. In plantations of underwood, the oak is the only class of timber that should be admitted ; and this only to a limited extent where the underwood is considered of value. TIMBEU TUHKS. 87 There are many varieties of oak, but it is unnecessary CHAP. in. to mention more than two or three, as the common oak Timber. Quercus robur is the only one we meet with in practice. We have the Q. r. pedunculata and Q. r. sessiliflora, both varieties of the robur, but classed by some as distinct species ; Q. cerris (Turkey Oak) and Q. ilex (Evergreen Oak. Weight of Oak, 36-20 cubic feet = 1 ton. The common English ELM (Ulmus campestris) is not a Elm. native of this country, but there is no trace of its introduc- tion. From the fact of its not seeding here, there can be no doubt of its foreign origin. It is found in the central parts of Europe and in Western Asia, and in the latter country seeds freely. It is propagated in this country from Propagation, suckers, in the following way : an established tree is felled, and from the stool of this suckers will shortly appear ; when these have attained a season's growth they are laid over, and the base covered with four or five inches of earth, whereupon they take root and may be separated the follow- ing season, and planted in nursery lines ; the stool will again throw out, and may be treated in the same way the follow- ing and successive years. The Elm throws out very fibrous roots, and may consequently be transplanted when of considerable size. It will also throw up suckers at a great distance from the bole, especially on light loams ; these are, however, of little value, as if transplanted they seldom attain size, and decay early. It grows very rapidly and comes to early maturity, and with, perhaps, the exception of the oak, is one of the most common of our timber trees. The largest specimens are found near old dwellings, churches, and monastic buildings, but the most useful are generally found in hedgerows. The trees attain consider- able height, and possess large, well developed boles, free from lateral branches, furnishing thereby excellent planks. The branches are very brittle, and large ones should not be allowed to overhang public paths or buildings, as ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. Uses. Price. these often fall without any apparent reason and sad accidents have thus arisen. The timber is durable and not liable to crack, making it useful for purposes where lateral strength is required. It is much used by wheelwrights for wheel-boxes, sides of carts, waggons and wheel-barrows. It is also used by undertakers, being one of the most valuable timbers for coffins; and by shipwrights for blocks and portions of rigging furniture. It is also used for pumps. The price may be stated at 1*. to 2s. per cubic foot, according to size and quality. It is covered with a thick bark, the thickest in fact of any tree in this country. In measuring, therefore, an allowance must be made, which however will be hereafter explained. The allowance will be from lin. to lin. for every foot of quarter girth. As an ornamental tree it ranks high, being thick and massive in foliage and of tall upright growth. It attains size only in rich soil; it is therefore an excellent guide when valuing land for fixing rent. There is only one other variety in this country of any value as a timber tree, viz. : Wych Elm. The WYCH ELM ( Ulmus montand) is a native of Scotland, and unlike the common Elm, yields no suckers, but seeds Propagation, freely. It is propagated entirely from seed. It blossoms very freely in April, before the full expansion of leaf ; and the seed ripens in June. They should be collected and sown immediately in a rich seed bed; a light loam being the best soil for the purpose. The beds should be four feet wide, and one bushel of seed will sow nearly twelve square yards. They should be covered with half an inch of mould. The young plants appear very soon after sowing, and if the weather is hot and dry it will be necessary to shade and water the beds. If not too close the young plants may be allowed to remain two years in the seed beds, when they should be transplanted into nursery lines, about one foot apart and two feet between the lines, and allowed to remain there TIMBER TREES. 89 for two years, when they will be ready for planting out. CHAP. in. The wych elm thrives best on open subsoils. It never Timber attains the size of a well developed common elm, but becomes at an early age a very useful tree. It is used much by agriculturists for farm purposes, being very elastic ; and sells for 2s, to 2s. 3d. per foot. When well veined, as Price, it often is, it is much prized for veneering, and sells at a high figure. It should not be pruned until it reaches ten or twelve Pruning, years of age, the leaders may then be shortened and some of the strongest laterals cut back. The wych elm differs in appearance considerably from the common variety. The branches are more drooping and the foliage larger, and the leaves are placed upon the twigs with great regularity, alternately on each side. It is also of a pure character, showing very little tendency to degenerate ; whilst the com- mon elm degenerates to a very marked extent. Weight of Common Elm, 46-66 cubic feet = 1 ton. The ASH (Fraxinus excelsior) as a timber tree stands Ash. second to none for usefulness and beauty, and for agricul- tural purposes it rivals all. It is a native of this country, and is propagated from seed ; these are ripe in November, Propagation, when they may be collected ; care, however, should be taken to select them from well grown and healthy trees. When gathered, they must be placed in pits and mixed with double their amount of sand, and be turned repeatedly for the first few months. Here they may remain for twelve or fifteen months. The latter time is best, as if sown in the autumn the young plants are apt to become injured by frosts. The seed beds should be four feet wide, and the soil Treatment of a light sandy loam. They should be sown tolerably thickly young plant8 ' and covered with half an inch of mould. They may remain, if not too thick, for two years in the seed bed, and then be transplanted in lines Gin. apart and 18in. between the lines. Whilst in lines they must be kept from weeds and grass. After the expiration of four years dating 90 ESTATE MANAGEMENT. Soil. Drainage necessary CHAP. III. from the time of sowing, they will be ready for planting- Timber. ou * permanently. To secure decided success, it is advisable when practicable to trench the soil, as this tree rejoices in a free growth. The soil best adapted to it is a rich loam. When the growth is slow, the timber is of little value, being brittle and loose in texture. Where, however, the growth is rapid, it is tough and elastic. Great care is required in selecting sites for ash plantations ; if chosen upon high and exposed situations, whether for timber or coppice, the end is failure and disappointment ; if chosen in rich and sheltered situa- tions, perhaps no tree gives greater satisfaction. The soil may be moist, but if it contains stagnant water the tree soon fails. Draining, therefore, is highly necessary. It is better in every way to plant ash by itself, or at least with nurses only, with the ultimate view of removing the latter. It is peculiar in its light and airy foliage, and becomes smothered when in company with heavy-headed timber. The best nurse, perhaps, for this purpose is the Scotch fir, as it shelters without shading. As an under- wood or coppice plant it will be hereafter noticed ; but when planted for timber the distances may be twenty feet. A timber plantation may be formed from an ash plantation of underwood by leaving standards at correct distances. It- should be borne in mind that air and light alone give leaf, and the plant without leaf is like an animal without lungs ; therefore, do not shade, but protect from colds winds and frosts. The sap of the ash is highly fermentable ; it is therefore necessary to fell the tree when the sap is dormant. It has been proved that in July and August the state of dormancy is more absolute than at any other period ; the operation, therefore, can take place during these months if convenient. If this is not attended to, decay soon sets in. For all high class work that which has grown rapidly should be employed, and only when it has attained maturity. When young the sap wood is very thick, which may be seen by Nurses. Felling. TIMBER TREES. 91 cutting- a stick across. It is out of all proportion to the CHAP. in. ,, , . . Sect. l. heart wood, but as age advances the latter increases. Timber. The uses to which it is applied as timber are too Ugea ~~ numerous to detail fully. It is used by agricultural imple- ment makers more than any other tree, as it is better able to stand constant strain, being very elastic and pliable. Wheelwrights use it for spokes of wheels, shafts, sides of carts and waggons, ploughs, barrows, and drags ; handles of forks, spades, shovels, and picks. The carriage-builder uses it for his finer class of work ; the shipwright for oars and paddles ; the cooper for hoops ; the cabinet-maker for furniture. In fact, as already stated, it is unsurpassed. The price is much higher now than Price, formerly. For good boles as much as 3s. per foot may be obtained; but perhaps, if of an average size and quality, Is. 3d. to 2s. per foot represents the fair market value. In measuring the ash an allowance must be made for bark, as in oak and elm; but it will vary of course in accordance with the situation upon which it has grown. Weight of Ash, 47-15 cubic feet = 1 ton. The trees already discussed, namely, the oak, the elm, and the ash, appear to be the only trees which at all times and everywhere in this county have been considered as timber trees. But amongst those which we are about to enumerate will be found other TREES OP SCAECELY LESS IMPORTANCE AT THE PRESENT TIME FOR THE PURPOSES OP TIMBER. The BEECH (Fagus sylvatica) is by some considered the Beech, most stately of our timber trees, and certainly, when seen in its full and perfect growth, it forms a most pleasing feature of the landscape. It is a native of this country. By nature it is very umbrageous, but by thick planting it may be made to produce long sticks of timber free from branches for a height of 50 feet or more from the ground. 92 ESTATE MANAGEMENT. CHAP. m. Timber, .j It grows freely on the chalk, and often on apparently barren soil reaches both size and grandeur. In Hampshire many magnificent specimens may be seen, perhaps more than in any other county. A tree of great age and size, which is unsurpassed for beauty by any we have ever seen, grows upon a poor soil, suitable only for purposes of plantations. Its girth, 4ft. from the ground, is 26|ft. ; and the diameter of the ground it covers is 68ft. The branches are not only wide-spreading, but most eccentric in form and entanglement. In the immediate vicinity there are many others partaking of the same charac- teristics, but unequal iu size and beauty. As a park tree the beech is perhaps unsurpassed for beauty and shelter. As a timber tree it is valuable only when grown closely in woods ; when grown in the open it yields little but firewood. In the former case it not only reaches to a great size, but the grain is veiy fine, resembling satin wood in many of its features ; and then it commands a high figure. The uses to which it is applied are very numerous, one of the principal being chair-making. It is also used for cheap furniture, being often stained to represent mahogany, and passing as such. It is used by wheelwrights for felloes, by builders for weather-boards, and for many other purposes where great durability is not required. It may also be split very thin, and is consequently used for band- boxes, sword-scabbards, toy boxes, measures, shovels, and dairy utensils. It will not bear a great strain, being somewhat brittle. Propagation. It is propagated from seeds ; these are found as nuts in prickly husks called " mast." They are ripe in October and may be collected by beating the tree and allowing the nuts to fall into a sheet. A great many so collected will be of little or no value ; they may be separated after gathering by throwing all the mast into a vessel of water, when the empty, or partially- developed ones, will float, and may be skimmed off. The good ones when dry should be TIMBER TREES. 93 placed in sacks or barrels with about double the amount of CHAP. in. sand, and kept so until April. If planted in the autumn Timber the young plants, being peculiarly susceptible, are often carried off by late spring frosts. In April these seeds may be planted in well-prepared beds, and covered with an inch of soil ; before covering them, however, it will be well to fix the seeds by blows from a spade, as this prevents their being dragged to the surface when raked over. The young plants must be kept free from weeds. If too Planting, thick they should be removed into lines. They should at the end of the first year be removed into nursery lines, and the following year they may be transplanted, if they have made good use of their time ; if not, they should be allowed to remain one more year. This period, however, should not be exceeded, as, if allowed to remain too long in the lines, they often become " bark-bound " when finally planted out. If required for timber, they should be planted together For timber somewhat closely, and to prevent lateral growth they should P ur P ses - be kept thick for some years. If side branches are cut off, or if pruning is injudiciously performed, they are very apt to become bark-bound as well as in the case already mentioned. As a hedge-plant the beech is invaluable, but as such Beech as a it will be fully considered under the head of "fences." hedge plant - A peculiarity in the beech is its wonderful natural propensity to spring up from the earth where old beech trees have been removed. Remove one or two, and no young seedlings appear ; remove all, or all from a consider- able space, and they almost immediately appear, and if allowed to remain form valuable plantations. The " mast " is an excellent food for pigs, and on Masting, commons where the beech grows, large herds are often fed. The ancient common-right of "masting" pigs was often a valuable thing, particularly in the case of common- rights in the Royal forests. The price of beech timber varies in accordance with the Price. ESTATE MANAGEMENT. Horse chestnut. CHAP. III. quality. Some years ago it was considered one of the Timber. cheapest timbers, and good beech was often sold for 4d. a foot; it may now be quoted at Wd. to 1*. 4oL The latter sum we have obtained. Weight of Beech, 51-49 cubic feet = 1 ton. The HORSE CHESTNUT (jEsculus hippocastanum) is not a native of Great Britain. Its original habitat is doubtful, but it is supposed to have been introduced about the six- teenth century from the East. It is one of our most beautiful flowering trees, and as such is grown ; its timber bearing no special value. It attains great size in good situations, throwing out long and drooping branches, often sweeping the ground ; form- ing splendid shelter for deer and cattle. But a short time elapses between the first forming of the bud and the full expansion of the leaf and flower ; the full umbrageous head of the tree forming a great contrast to the surrounding trees, whose leaves take more time to burst through their covering. When in full flower it forms a lovely addition to the landscape, and the seed, which ripens early, is also very beautiful, as it forces its way through its thorny cover; forming not only a favourite toy for children, but a rich meal for deer. Propagation, It is readily propagated from seed. They may be sown any time in winter ; if the beds are 4ft. wide, one bushel of nuts will sow a bed 20yds. long. The young plants are left in the seed bed one year, when they are trans- planted into nursery lines 1ft. apart, and 2ft. between the lines. When they have been two years in the lines they are ready for planting out permanently. Owing, however, to the fibrous nature of the roots, the chestnut may be planted out when it has attained considerable size, thus fitting it for parks and avenues. Owing to the plant maturing its young wood early, it is capable of standing frosts better than many other kinds. TIMBER TREES. 95 It should be protected when young from bite of cattle CHAP. III. and deer, as the foliage is much relished by them. Timber. On rich loams this tree should never be forgotten, when laying out parks and woods, especially when in prominent situations; it should, however, in all cases form an outside tree. Weight of Horse Chestnut, 64 cubic feet = 1 ton. The SPANISH CHESNUT (Gastanea vesca) derives its name Spanish from Kastanea, a city in Pontus, in Asia, of which locality it c is a native. It is supposed to have been introduced into Europe by the Greeks 500 years B.C., and brought into England by the Eomans. It is a highly ornamental tree both in foliage and fruit. It flowers in May and June, and ripens its fruit in October. The flowers (that is the male flowers) are long catkins, growing in bunches, the fruit or nut is inclosed in prickly husks, each husk inclosing three nuts. The nuts are farinaceous and sweet, hence its name "sweet chestnut." In this country the fruit seldom ripens, or even attains full development, but in the south of Europe, particularly in Spain, it is a produce of importance, and is exported largely into England. The young wood, unlike the common chestnut, ripens late, and is, consequently, unable to withstand early frosts. When established, and for the first twelve years, it grows very rapidly, often three feet or more each year. The growth is often of a twisted or spiral form, which shows itself in the bark ; in some cases this is most marked. The tree attains to very great size, and almost fabulous measurements are given by various writers. The timber is very valuable, being very hard and durable ; it ranks with the oak, and may be used in its place when procurable. Unlike the oak, however, the timber is most valuable when young ; when old it becomes brittle. It is most valuable as an underwood plant, being a free grower from stools when " lopped over." It will, however be noticed as such in the chapter devoted to underwood. 96 ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. Propagation. Price. Walnut. Treatment. Fruit. Propagation. English, seeds should be use for propagation, as those obtained from abroad, though much finer, are often kiln dried before being exported. They are sown in drills sixteen inches apart, and covered with one inch of soil. They should be sown in April, as if sown in Autumn the late frosts in Spring often destroy the young plants. They are allowed to remain one or two years in the seedbeds, they are then transplanted, and when this is done they should be separated into sizes. Before being planted also, the tap-roots should be cut off ; this is highly important in all fruit-bearing trees. They should be left two years in the lines, when they will probably be about three feet high, and may then be finally planted out. If large trees are re- quired for special purposes, they should be transplanted every two years, that their roots may become fibrous, being each time allowed more room. The price of young and well-grown boles may be stated at 2s. per cubic foot. The WALNUT (Juglans regia) is grown for its fruit, but is at the same time ornamental, and useful as a timber tree. It is a native of Persia, and was introduced into this country about 300 years ago. Being a bond fide fruit tree, it should be grown as such, and consequently should be transplanted two or three times before its final planting, taking care, as already stated, to cut off the tap- root. When this is neglected, or when they are allowed to grow without attention, or from self-sown seed, the fruit neither fills nor ripens, and the tree will be tardy and late in growth. It flowers in May, and ripens its fruit about October. The seed is enveloped in a husk, but bursts from this when fully ripe. It is propagated from seed (fully developed nuts should be selected), the treatment being very similar to that of the chestnuts. Sow in autumn, and cover with two inches of earth. When the young plants appear, cover them with larch trimmings, or rough litter, as they are easily injured by TIMBER TREES. 97 frosts. They should be left in the seed bed until the fol- CHAP. in. lowing year, when the strongest plants may be transplanted into lines. The weaker ones being left another year in the seed bed. At the end of the second year transplant again as already explained. The timber is very useful, and a high price can be Uses of the obtained when old and well matured. It is then dark in timber - colour, but when young almost white. It often yields a beautiful grain, especially near the bottom, and is much prized for purposes of high class veneering. It is susceptible of a high polish. The roots also yield a beautiful grain. It is used for drawing-room furniture, pianos, and gun-stocks. A dye is extracted from the roots, and an oil from the nuts. It is impossible to quote a price, as when it possesses the Price. above qualification it is almost invaluable. The POPLAE (Populus) is a deciduous tree. It is uni- Poplars. sexual and diaecious, i.e., having but one sex upon each flower, and these upon different trees. It is a genus of many species, and each species possesses many varieties. Some of these are natives of Great Britain, but they are found more or less throughout the world. It is not neces- sary, however, to dwell upon any except those that are met with in this country, and that at the same time bear ornamental or commercial value. They grow rapidly, and are therefore selected where shelter is needed in open and exposed situations and around new houses. When well grown they are very ornamental, being very light and airy in appearance, the leaves, too, being suspended upon delicate stalks, tremble with every breath of wind. The upper surface of the leaf (which is entire, round at the base, and lanceolate at the apex) is dark green and very glossy ; in some of the varieties the under side is white and silvery, and this gives to the tree a very beautiful ap- pearance. This is especially the case in the white poplar (P. Alba). 98 ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. As a nurse. Liability to Uses. Price. Propagation. Species of poplar. As a nurse to more slow growing trees, such as the oak, silver fir, and others, the poplar is invaluable, as it rapidly grows to a size which admits of its being utilized when it is necessary to cut it out. Neither is it by nature a tree that smothers, like some nurses do. It grows from stools, and may therefore be used as an underwood plant. It soon arrives at maturity, and when this is attained it should be at once converted, as decay then rapidly sets in. This shows itself but little outwardly, decay taking place in the centre, and for this reason this tree should not be planted near buildings, paths, or road- ways, as it sometimes falls bodily, and often with but little notice. The timber bears but little value. It is white and soft, and possesses the merit of not warping and is consequently used for doors, packing-cases, and wheelwright's work. It is also used near fireplaces and in the erection of kilns, as it is less liable to take fire than any other kind of timber. Its value may be stated at Qd. to 8d. per cubic foot. It is propagated by layers. These may be separated and transplanted into lines (as has already been explained with regard to elms) the first year and the second year may be planted where required. The most common species are the following : Populus canescens, or grey poplar, a native of Great Britain. Flowering in April, with a profusion of catkins. Populus alba, or white poplar, a native of Flanders. White on the under side of the leaf. Populus tremula, the trembling-leaved poplar or aspen, a native of Great Britain. A beautiful and stately tree, thriving in high and exposed situations. Its leaves are round and entire, and hang on a long and slender stalk, and tremble with every breath of wind ; hence its name. This pecularity, however, as already noticed, belongs to the whole of this tribe, but is more noticeable in this than in any other species. The foliage passes through many shades of colour, from the most beautiful green to bright yellow, TIMBEE TREES. 99 and adds greatly to the beauty of the landscape in CHAP. III. autumn. ^ ect - L Timber. Populus fastigiata, or Lombardy poplar, is known by its straight upright growth, and is beautiful only from its contrast to surrounding trees. Its growth is very rapid, but like the rest of its class it decays early.* The BIECH (Betula alba, Lin.) is a native of Great Birch. Britain and the high lands of Europe. It is exceedingly hardy, being found at great heights, often several thousand feet above the level of the sea. It also thrives in northern latitudes, almost to the extreme limit of vegetation. There are two kinds, the B. alba, and the B. pendula, the latter being the most valuable, though not so common as the former. In Scotland, it grows in coppices, glens, and ravines. It is able to resist drought, but will, nevertheless, grow on swampy soils ; it will also grow where fir plantations have been removed, and soon makes good cover under those cir- cumstances. The birch is peculiar in this respect, as but few ligneous plants will grow where firs have been, owing to the peculiar exuviae from their roots. It ripens its seeds in September, and they are collected Propagation, and placed in thin layers until dry, when they may be packed in casks or boxes until March, when they may be sown in seed beds. The best soil for this purpose is a friable peat. A bushel of seed will sow a bed four feet wide and thirty yards long. If the soil is light they may be trodden in, and may then be left. At a year old the plants will be six or eight inches high. If too thick they should be thinned, those taken out being planted into nursery lines. The others may be left for another year, being kept free from weeds. When two or three years old they may be planted out. * A feature peculiar to this, and a few other classes of trees, is the large size of the leaf upon young wood. Some species of poplar also Avhen young show a tendency of the leaf to a lobate form, which dis- appears with age. H2 100 ESTATE MANAGEMENT. CHAP. Ill Sect. 1. Timber. Uses. Alder. Price. Uses. Immersion in water before uae Twigs of the birch are used for broom making, the larger stuff for hoops. The timber is white with pink centre, and of loose texture. As a fuel it bears but little value, but the smoke it evolves is considered the best for drying herrings. Its bark is valuable, but cannot rank with oak ; for tanning fishing nets, however, it ranks high. As a charcoal it is much esteemed by gunpowder makers. In parks and ornamental planting it should be allowed a prominent place, as its delicate foliage and silvery bark give a very pretty and pleasing effect. The ALDER (Alnus glutinosa) is an aquatic tree. In moist situations it will attain considerable size, sometimes a height of fifty or sixty feet with a corresponding girth. It matures early, and if not cut when maturity is reached, it soon decays. As an ornamental tree it is not to be re- commended. On low-lying and wet meadows it is useful, both as a profitable crop and a reclaimer, serving not only to dry the soil, but to add to its fertility by the fall of leaves. As a hedge plant it is valuable in swampy districts. As a nurse it is often useful, owing to its rapid growth. As a timber it may be sold for Is. to Is. "3d. per foot. It is used by last-makers, turners, cabinet-makers, clog-makers, and by agriculturalists for cart bottoms, handles to farm tools, &c. In districts near the sea-shore it is used for fish barrels, being fit for this purpose when twenty years old. As the timber is very subject to the attack of insects, it is necessary to immerse it in water for two months after felling, first stripping off the bark, and if one bushel of lime is thrown in to the water it will greatly assist the process. When thus treated it can be used for purposes for which it is otherwise unfitted, as this process hardens the grain. Propagation. It is propagated from seed, which may be collected at the end of October. The seeds are contained in a kind of small cone. The cones should be placed in a dry room, about six inches thick and constantly turned over until April, when they may be thrashed, sifted, and cleaned. TIMBER TREES. 101 They must then be moistened with warm water, only just CHAP. in. off the chill, and dried ; they are then ready for sowing. Timber. Beds four feet wide may be prepared for the seeds in moist meadow land, being dug with a spade. The seed must be sown thickly and trodden in, it being quite unne- cessary to cover them very carefully. By the autumn they will be nine or twelve inches high, when they may be planted into nursery lines. Here they may remain for two years, being kept free from weeds. At the end of this period they will be ready for planting permanently where required. By river sides, swamps, water-meadows, and in odd wet corners they may be advantageously grown. Plant 4ft. apart in rows, and give them fair attention, as pruning and thinning must go together. But always keep a good head of leaf and do not sacrifice a limb except when absolutely necessary. The thinnings can be sold for hoops, barrel- staves, and faggots, and, as they advance in size, for other purposes. Plantations of alder are often sold by auction, when they As a charcoal, are generally purchased by charcoal burners ; the charcoal being highly valued for the manufacture of gunpowder and for use in chemical works. When cut young, dyes can be extracted from the catkins As a dye. and twigs. From the foregoing remarks it is clear that this tree possesses merits, which by no means permit its being over- looked in the improvement of estates, situated in fens or low lying districts. The LIME TREE (Tilia Europcea), sometimes called Lime, the Linden or Teil tree, is supposed by some to be a native, but it was probably introduced into this country about the sixteenth century from Germany, Russia, and other parts of Europe. Most of the foreign trees now looked upon by many as natives were introduced about this period, by enterprising planters. 102 ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. Uses. The foliage of the tree is exceedingly beautiful and graceful. The leaves are entire and very umbrageous. It flowers very freely in July, yielding a strong scent and a great quantity of honey, and ripens its seeds in October. The seed-pods are in the form of small balls, hanging in clusters on delicate thread-like stalks, each pod containing several seeds in a cotton-like substance. They may be sown in April, and their treatment is similar to that Propagation, already discussed. When, however, purity is required it is necessary to propagate by layers or suckers; as this tree has a peculiar tendency to degenerate by hybridism. Layers or suckers always turn out the exact reproduction of the parent tree. It is used principally for avenues, but is also a beautiful park tree. The timber is soft and white, sometimes yellowish. It is used for carving and fret-work, moulds for foundries, and model-making. The inner bark also forms an im- portant item in the value of the tree, being used by gardeners for tying plants, making mats, &c. When the utilisation of this bark is intended, it is necessary to fell the tree in spring, when the sap is rising, in order that the bark may separate freely from the stem. But the collection of this is confined to Sweden and Russia and is not practised in this country. The wood forms when burnt a charcoal useful for the manufacture of gunpowder. It stands any amount of cutting, and is therefore suitable for gardens and drives. As a pollard it is unsurpassed. The treatment of the suckers is so similar to that of the elm already described, that it is unnecessary to repeat it here. It grows freely from stools, and if the stools are occasionally manured, they throw out strong plants each year, which, if moved into lines, will be ready the following year for final planting. By repeated transplanting, however, to encourage root fibre, this tree may be planted when of considerable size. Treatment of stools. TIMBKlt TRKi:s. 103 The SYCAMORE (Acer pseudo-platanus] was intro- CHAP. III. duced at an early period from the central parts of Sycanoe. As a timber tree its value consists in its close texture, which fits it for furniture making. Often, however, when its growth has been retarded, the wood which should be white has a pinkish hue, which seriously affects its value. In form it is an exceedingly ornamental tree ; its leaves are deeply lobed and palmate, but they are apt to exude a sticky substance called honey-dew, which retains the dust, and gives to the tree a dark and dull appearance. What Honey-dew. honey-dew is, is still a matter of dispute. By some it is supposed to be a sweet exudation from the leaf, by others to be the deposit of aphides. It is, however, clear that upon the leaves of the hop plant it does not show itself until after the presence of the fly. Whether, therefore, the fly actually deposits the substance upon the leaf, or whether it punctures the leaf so as to allow of the exit of a natural juice, must still remain undecided. It is propagated from seed, which is ripe in October. Propagation. It may be collected when ripe, and mixed with double the amount of sand, and kept until April, when it may be sown in seed beds as already described. It grows rapidly, and is therefore wisely selected where shelter and blinds are re- quired. , It is very umbrageous, and throws an impene- trable shade. It is exceedingly hardy, and stands almost any amount of exposure. When white the timber is worth Is. to Is. 3d. Price. per cubic foot ; if pink in tint, 6d. to 8d. The PLANE (Platanus Orientalis] is somewhat similar Plane. in foliage to the sycamore, hence the name of the latter pseudo-platanus ; and in many parts of Scotland the two trees are confounded. The leaves are five-lobed and palmate i.e., hand shaped ; on the young wood they often attain great size. The seed is ball-shaped, hanging grace- 104 ESTATE MANAGEMENT. CHAP. in. fully to a delicate thread-like stalk, giving a very beautiful Sect. 1. ,1 Timber, appearance to the tree. It is a native of South Eastern Europe and Western Asia, and from its origin is very susceptible to frost. It is not, therefore, suitable for exposed and cold situations. It blossoms in May, and ripens its seed in October. It is Propagation, generally propagated from seed, the seed pod being first broken to extract the seed from its downy bed. It is sown in March in seed beds, the following year the young plants are placed in nursery lines, when they are left two years, and then finally planted out. It may also be propagated by layers, like the elm and lime. It is grown for ornament ; its timber though used like the sycamore for domestic purposes, bears but little value. The plant attains in South Eastern Europe to a great size and grandeur. On the Bosphorus there are some grand specimens, under which it is stated a regiment of soldiers may take shelter. Willow. The WILLOW (Salix). This genus posesses a great many species, and is a native of all parts of the world. The species vary so much in height that whilst one is measure- able in feet, the height of another must be expressed in inches. Probably the large subdivision of the genus into species, and of these again into varieties, may be due to hybridism, for this, from the nature of the flowers, can be easily imagined as likely to take place. Each species consists of a male and female plant, but the pollen from the male flower of one plant falling indiscriminately may alight upon the pistil of a flower not identical, and if fertilisation takes place, a new variety may be the result. The foliage also varies very much in the same species in accordance with age and situation, so that a considerable amount of confusion attaches to this group. The most common in this country are the Salix caprea and Salix alba. TIMBER TREES. 105 The S. caprea, or goat willow, is useful as a coppice plant, CHAP. III. being used for hoops, hop-poles, rods for crates, and other Timber. purposes. The kind known as the red-hearted willow Goat ^" low (similar to the white in other respects) is very durable and well fitted for hop-poles, the white does not last so long. It may be cut every three or four years hence its value as compared with other descriptions of coppice. It may be remarked that sheep hurdles made from this plant are very durable, and being exceedingly light are easily carried about by the shepherd. As a pollard, by banks of rivers, it is exceedingly profit- As pollards, able, a healthy stock often producing in one year a full sheaf of straight shoots eight to twelve feet long, which are sold to basket-makers. It is propagated by cuttings, the cuttings being taken Propagation, from shoots of one year's growth ; they should be one foot long, and if the soil is moist and good they may be put in direct, about three to four feet apart ; if the soil is poor it will be best to plant them in a nursery for one year first. The leaves and bark of the willow are astringent, and the bark is used for tanning. On good soil and if left to attain maturity they sometimes grow to considerable timber, in which case a fair price per foot can be obtained. Where Larch and Scotch fir have been the willow will grow and form good cover; and as there are but few plants which grow under these circum- stances, it is well to bear the fact in mind. For embankments near water, it is invaluable ; stakes For ombank- taken from full-grown coppice plants driven into the m ats ' ground and interlaced with branches of the same will take root and grow, and so form a barrier of great strength and durability. The timber is white, soft and light, and is used for the same purposes as the alder. The dwarf willow, or Osier (Salix rubra) bears a high Osier, value, as it yields an unusually large income to the owner. Plantations of these are found near rivers, for example, at Staines, Windsor, and other places near the Thames; and 106 ESTATE MANAGEMENT. Sect. 1 Timber Drainage. Uses. Weepiuj willows. CHAP. III. many acres of marsh land now valueless might be made to r* i t * ( _ yield a considerable annual income, at a very moderate outlay. All that is required is to cut surface drains in such wet parts of a meadow as it may be considered advisable to plant, such drains should be l^ft. wide and deep enough to Propagation. ca rry off the surface water, and 10ft. or 12ft. apart. Then take cuttings from one year old shoots about, 14in. long, and thrust them into the soil about two-thirds of their length. They should be 18in. from each other in lines, the lines being 3ft. apart. In three years they will attain full growth, when they may be cut, after this they come to cut annually. The shoots should not be allowed to stand more than one year. They are tied in bundles and sold to basket makers. Weeping willows being of feeble growth, are best exhibited by being grafted upon stems of the common willow, and are much prized for garden and ornamental trees, especially near ponds and rivers. There are several kinds of weeping willows, but few of striking appearance, except where pro- pagated as above. Elder. The ELDER (Sambitcus nigra). There are several species of this tree, but it will be only necessary to consider the common elder (S. nigra). It is a native of Europe, Asia, and Africa. By nature it is more of a bush than a tree ; but as the stems when fully grown possess a special value we have considered it best to include it in the list of timber and timber-like trees. Medicinal and It produces in June large clusters of creamy white flowers, produced in terminal cymes, and these in their turn, in the autumn, yield large masses of black berries. It is by no means a desirable plant to have near a dwelling, having little beauty, and emitting a sickening odour when in flower. As a medicinal plant it has various uses; the flowers are used for the manufacture of lotions and oint- ments, and are also convertible into a kind of wine. When other uses. TIMBKi; TREES. 107 dry they can be used as a tea, which is very debilitating in CHAP. III. its effects, producing great perspiration. The inner bark Timber. is an active cathartic, and from the berry is made the well- known elder wine, so much prized with chestnuts round the village Christmas firesides. In bleak situations, and near the sea, it forms a very useful shelter; the points of the branches become injured by the wind and salt air, but they throw out fresh lateral shoots, and so become thicker and more dense, thus turning what might be a disadvantage into an actual benefit. The growth of the young plants is very rapid on suitable soil ; the young shoots will sometimes attain a growth of 5ft. in one summer. As a hedge plant it is useless, and in fact, when present Useful for in any old hedge, it will be best to exterminate it by grub- s bing. As a shelter, however, round young plantations, it is valuable. It is propagated readily by cuttings. Take the new Propagation, growth, and cut into lengths of 1ft. or 14in., leaving a bud at the bottom and at the top ; and plant them any time from November to March in lines 2ft. apart, and at a distance of 1ft. from each other in the lines ; when a year old they may be planted out. When young the stem contains a large pith, which, how- Uses. ever, as the plant advances in age, disappears. When old the wood is yellow and glossy, and will take a fine polish. It is used for the manufacture of mathematical instruments and shoe-makers' pegs. With all these merits, however, it is a plant but little grown, and may be deemed a weed amongst trees and shrubs. In addition to the foregoing list of timber and timber- like trees we may mention in conclusion the following ; but as they are principally grown for ornament, it is unneces- sary to do more than tabulate them : ESTATE MANAGEMENT. CHAP. III. Sect. 1. Timber. Wild cherry. Mountain ash. Maple. Norway maple. English maple. Large-leaved maple. Red maple. Oregon maple, The WILD CHEERY (Cerasus sylvestris] a native of this country. The MOUNTAIN ASH (Pyrus aueuparia), a native of this country, thrives well in exposed and high situations, hence its name. The MAPLE (genus Acer] is found in Europe, Asia, and America. It is looked upon principally as an ornamental tree, but some of the species have nevertheless uses of a marked character. The sugar maple (Acer saccharinum) of North America yields an abundance of sap, rich in sugar, and though not used much in commerce, is very useful to the settler. The NORWAY MAPLE ( Acer platanorides) is a hardy species, and yields a useful timber. Amongst the varieties of this species, we have the cut-leaved or eagle's claw maple, very beautiful, and readily propagated by grafts upon the stem of the common sycamore ; a species belonging to this genus which we have already discussed. The COMMON ENGLISH MAPLE (Acer campestris) bears an uncertain value. The timber is sometimes beautifully grained, and capable of taking a fine polish, and when knotted forms the well-known bird's-eye maple ; other species also have this peculiarity. The most ornamental of this genus for garden purposes, which may all be propagated by grafts upon the sycamore stock, are : The LARGE-LEAPED MAPLE (Acer macrophyllum} , a native of North America. The KED or SCARLET MAPLE (Acer rubrum). The OREGON MAPLE (Acer circinatum) which is pendulous in character, and yields leaves which turn to a brilliant scarlet in autumn. Perhaps of all the deciduous trees the maple is the most varied and beautiful. Recently marked variegated forms of it have been much introduced into gardens ; and as it is easily propagated by grafts, is likely to continue a favourite. Some of the varieties form a pleasing feature in the fine TIMBER TREES. 109 nursery gardens, in the neighbourhood of Bagshot and CHAP. in. Sunningdale. gi The LABURNUM (Giitisus Laburnum). This tree is a native T . a Laburnum, of Europe. It is grown only for the fine effect of the flowers. The timber, however, is very beautiful, and used by the turner when procurable. The SLOE or BLACK THORN (Prunus spinosa). This plant Sloe, is a native of this country. It ranks more as a hedge or underwood plant than a timber tree. It is much in request for whips and walking-sticks. SECTION II. THE CONIFERS, on CONE-BEARING TREES ; THEIR PROPAGATION, TREATMENT, AND USES. LARCH SCOTCH FIR COMMON OR NORWEGIAN SPRUCE COMMON SILVER FIR. IN addition to the deciduous timber trees which we have just considered, we have to speak of another and im- portant class of trees most important indeed in this particular, that it is the class which will, perhaps, more than any other, force itself upon the attention of the land steward. We allude to the " Conif erse " or cone-bearing trees, a natural order containing many genera. The most important are the Larix or Larch, the Pinus or Fir, the Abies or Spruce, and the Picea or Silver Fir, and in this order we will consider them. The LARCH (Larix Europcea) . This tree belongs to the Larch, natural order Coniferse, and is the only one of the tribe that is deciduous. It is a native of the French and Swiss Alps, Appennines and Tyrol, and was introduced into England early in the seventeenth century. 110 ESTATE MANAGEMENT. CHAP. III. It rejoices in open, bnt flourishes in all situations, Conel'earing whether high or low, provided it can have air and light and Trees. a ^ r y subsoil; the roots ramify near the surface, but it cannot live with stagnant water beneath. On hillsides, or near running streams, it reaches perhaps to its greatest dimensions. It is a monoecious plant, bearing its pistils and stamens in different flowers on the same tree, as already explained. In Scotland it attains maturity earlier than in England, and is more hardy, owing to the situation being more in conformity with its natural tastes. It blossoms early, and in spring forms, with its light green leaves or spines, and its brilliant vermilion flowers, a beautiful object; forming a striking contrast to the surrounding trees, still enshrouded in their winter garb, and the contrast, though different in kind, is scarcely lessened as the season advances, and the tree attains full development of foliage. Treatment of The cones, for purposes of propagation, should be care- fully selected from well-grown and healthy trees. They are collected at the latter end of winter, and the seed is extracted from the cones by various processes. The most approved method is to lay the cones on a timber kiln about six inches deep, and expose them to a heat of 100 Fahr., turning them twice or three times with a shovel. Ten hours ought to be sufficient to attain the object, if the temperature has been carefully kept up j if not a longer period will be required. The heat will not separate the seed from the cone ; when dry they must be taken from the kiln and threshed, and then dressed with ordinary fanners. Price of seed. The cost of this process may be reckoned at 3d. per lb., and the usual price of seed is Is. to Is. 6d. per lb. Propagation. The seed should be sown in April in a light sandy soil, and covered to the depth of a quarter of an inch. One pound of seed will suffice for a bed of four square yards. The soil in which they are sown should not be dressed with any TIMBER TREES. Ill manure, but a soil from which a crop has been taken, CHAP. HI. and which has been manured for that purpose, will probably Conebearing be beneficial. The young plants will appear in about three weeks ; weed them carefully, and protect with branches from late frosts. They will be six or eight inches high in September ; if too thick they must be thinned, and those taken out should be planted in rows about fifteen inches apart. They should not be allowed to remain in the seed bed more than two years. If strong plants are required, they should be transplanted into rows and allowed to remain one or two years, as may be necessary, according to the purpose required. For moorland they may be taken direct from a two-year-old seed bed, but for more open and exposed situations they should be taken from lines of two years standing. They are sold from the seed-bed for transplanting into Price of young rows at from 3s. to 5s. per thousand, and from the lines P lants - at from 8s. to 10s. per thousand. Whilst in nursery lines they must be kept carefully hoed and Methods of free from weeds, and they will in two years reach from two P lantin - to three feet in height. On moorland, when taken from the seed-bed they are generally planted in the " slit." A man goes forward with a spade and makes two cuts, lifting slightly with the second, a woman or child following with the young plant and inserting it in the slit, the man then treads it down and passes on to the next. This is a cheap and speedy process. In more exposed situations and for large plants, holeing must be resorted to, and if this is done a few weeks before planting, to ameliorate the soil, it will be found beneficial. This process is conducted by a gang of men. The fore- man goes forward marking with his fork, or what is still better a " beck " or mattock, the spot where the holes are required, the next set following and forking, and the next with spades to complete the holes. Before planting, the trees are laid out by the foreman, placing here and there a 112 ESTATE MANAGEMENT. Diseases of larch. CHAP. III. hardwood tree or ornamental pine, and the men following, Cow-bearing plant and tread them in. It is necessary sometimes to cut Trees. an d clear the grass and undergrowth, and great growth sometimes results from this course, but in very exposed situations the undergrowth often acts as a shelter, and may be safely left. The following year it will be wise to look Fill up gaps, over the plantations and fill up all gaps, selecting strong plants for the purpose. The larch flourishes in almost all soils, except when the subsoil is wet, as already stated. When in low and damp situations it is subject to the attack of insects, the chief being the Coccus Laracio. Healthy plantations, open and exposed, seldom if ever suffer from this pest. For those plantations attacked there is no remedy except by such acts as will serve to promote the more rapid growth of the trees. They suffer most after early frosts when the leaves or spines die, leaving little for the insect to feed upon, when it attacks vigorously the buds, and thus causes decay and death. It is also subject to another disease called ' ' rot." This often shows itself in plantations which have been planted on ground from which trees have been removed, the decaying roots and fungi caused thereby, and the spawn or white fibrous matter yielded by the decaying timber, acting upon the tap roots and causing early decay. This form of disease produces a hollow stem, and is conse- quently called by some " pumping," owing to the pipe-like form of the diseased tree. It is also sometimes caused by the application of dung, and also by a wet subsoil, which often produces a ferruginous crust fatal to tree growth. All surface-rooted trees are more or less liable to this disease, but none so much so as the larch. The plantations should be judiciously thinned, but this will hardly be required for ten years, except in soils where an unusual growth is obtained, and this only when close planting is resorted to. When four feet apart, a longer period may elapse before the woodman's axe is heard within the limits of the plantations. Thinning. TIMBEE TREKS. 113 We have found in exposed situations, 2ft. Gin. apart a CHAP. ni. useful distance, the plants growing more rapidly and Cone-bearing straighter; but under these circumstances they must be Trees. thinned early, as otherwise they are apt to become covered with lichen. When thinning, the decayed, injured, or ill-grown trees Thinning of should be removed, leaving those of good growth for p n lons ' timber. The lower branches of those left should be broken off with the back of the axe or billhook, or a stick ; by no means cut them if it can be avoided. When felled they must be dragged out to the nearest ride or roadway, and there trimmed, the trimming being tied into faggots for brick-burning or other purposes, the poles being laid into lengths for hop-poles, or for whatever purpose they may be required. Larch hop-poles are very valuable ; we have ob- tained in the wood about 206.-. per hundred for mixed poles from 12 to 16 feet long. The expense of such thinning may be covered by the faggots, provided they can be sold for four shillings or five shillings per hundred. After this first thinning they may be left for another term of 10 years or so; they may then be sold at prices ranging from 4Z. to 71. per hundred trees, and in twenty to thirty years they may attain in good soil to timber size, and sell for Is. per cubic foot. In this con- dition they become valuable timber, none perhaps more universally valuable is grown in Great Britain. For estate purposes it is almost necessary, and for the economical working of an estate it is unsurpassed. It is used for all Uses. kinds of roofing timber, except perhaps beams and king- posts, for rafters, plates, battens, puncheons, boards, joists, posts and rails, gates, and other purposes too numerous to mention. It is also easily convertible, and may be used seasoned or unseasoned. Its bark is also used in some dis- tricts for tanning, but it is bulky, contains but little tannic acid, and is sold for about half the price of oak. Venice Venice tur- turpentine is extracted from it, and becomes, on the Con- '" tinent, an export of some importance. For this purpose a collecting. I 114 ESTATE MANAGEMENT. Larch as a reclaimer. CHAP. HI. full-grown tree is selected, and pierced to the centre with Conl-bearing an auger, a tube is placed in the hole, and the turpentine Trees. collected in troughs, the only preparation needed being straining through a hair-cloth. Seven or eight pounds Yield of tur- yearly is considered a fair yield, and this will continue pentine. sometimes for fifty years. The run takes place from May to September. After this, of course, the timber bears no value. The larch also bears a value as a reclaimer of waste lands ; the deposit formed by the fall of leaves is exceed- ingly rich, and, when exposed to atmospheric influence, becomes a most fruitful soil. Land comparatively useless when planted, will, after the lapse of years, when the trees have been removed, bear a high agricultural value. It has been estimated that some of the poor land on the Rother- field Estate, in Hampshire, planted many years ago with larch, has yielded an average annual return from date of planting three times the amount of its original rental value, and this after making fair allowance for lab^pir of planting, com- pound interest on capital, and cost of final realisation. Planting of larch has, in fact, become a matter of national importance ; and those landlords who plant large areas of poor land with larch and other fir confer not only an immediate benefit upon themselves, but upon their suc- cessors, and upon their country generally. Weight of Larch, 67-86 cubic feet = 1 ton. Scotch Fir. SCOTCH FIE (Pinus sylvestris). This genus is perhaps the most valuable of all ligneous plants, and includes many varieties. Like the larch it belongs to the coniferae, but it is unlike it in the fact of its being evergreen. It is a native of Europe, Asia, and America, and is valuable for its timber and resin-producing qualities. But the only one of the genus which it is necessary to consider is the well- known Scotch fir (Pinus sylvestris}, that being the only species grown largely in Great Britain. its habitat. We find this species throughout the kingdom, mostly in high situations and on soils of a poor character. It TIMBER TREES. 115 delights in poor sandy soil, and will not thrive in rich CHAP. III. land, except when high and dry. As a shelter, under these conebearing circumstances, there is no more useful tree ; its growth Trees. being rapid and formal. As it advances in age the larger branches die away, leaving a bare but picturesque stem, of a rich sienna colour, contrasting very beautifully with its dark green foliage. Where the birch grows, naturally, the Scotch fir seems to thrive, and this may be borne in mind when arranging plantations on waste lands. The treatment is similar in almost all respects to the Treatment, larch, and it is planted under very much the same cir- cumstances. Acres, however, are often planted from ignorance of the surpassing value of the latter. The larch is valuable from its first thinning until attaining maturity. The Scotch fir is valuable only when maturity is arrived at. It is monoacious, and flowers in May and June, but does not ripen its cones the same year. To separate the seed, Preparation of the same process is resorted to as described already with the seed " reference to larch, with the exception that greater heat is required for the first four hours. When the seed has been collected immediately on becoming ripe, a heat of 130 Fahr. may be applied ; when however the seed has been exposed to the heat of the sun, a temperature of 100 Fahr. will be sufficient. It is well to lay some boards on the floor of the kiln about one inch apart, so that the seed escaping when the cones are turned may be collected. They should be allowed to cool before being turned, the heat being again applied for a few hours, when they may be finally turned and sifted. The seed should then be soaked for a while in water to separate the husk. It should be Sowing the sown in April. The seed-bed, which must be lisrht and ! eed ? and ,_ treatment of sandy, should be covered about a quarter or half an inch plants. with fine mould and protected from birds. Weeding and thinning must of course be attended to, and those that are thinned out may be placed in nursery lines. They will be fit for use according to the situations for which they are required, either as one year's seedlings or two years old i 2 116 ESTATE MANAGEMENT. Trees. Selection of seed. Uses. CHAP. m. seedlings which have been twice transplanted, and they will range in price from 2s. to 8,. per 1000. It is highly necessary to secure seed from districts where the tree is known to attain a healthy growth. That obtained from Highland forests is the best. Individual trees also vary much in quality, even where growing close together ; some being red and hard, and others white and soft ; if, therefore, cones from the former can be collected, the oppor- tunity should not be neglected. The careful selection of seeds is the more necessary from the natural inclination of this class of trees to degenerate. It grows in a wild state in Norway, Sweden, and Poland ; and often in large masses, to the exclusion of other growth. It nourishes in high situations, and grows naturally near the extreme limit of plant life. The use to which the timber is applied varies of course in accordance with its age. When young it bears but little value, being liable to early decay. It is used, however, for pit-props, paling, staves, and laths. As timber it is used as deals for boarding, and ordinary carpenter's work, and its price may be estimated at from Is. to Is. 3d. per cubic foot. These remarks do not of course apply to certain districts where the tree reaches great dimensions, as under these circumstances a much higher value will be obtained. Such exceptional size is only attained, however, in a few high situations in the High- lands of Scotland, and on northern slopes. It may be remarked that this is the only species of the pine tribe indigenous to Great Britain. Weight, 66 feet = 1 ton. There are many other species of the pine grown in this country, but chiefly for ornamental purposes. Amongst them may be mentioned the following : Hnus Pineaster. Chester or Star Pine : a native of India, China, and Japan. ,, Austriaca. Austrian Pine. ,, Strobus. Weymouth Pine. Insignis. Remarkable Pine : a native of California. Price. TIMBER TREES. 117 And many others ; some well known, others of more recent CHAP. m. introduction. All ornamental, and, as a rule, hardy and Cone^bearing easily treated and propagated. Trees. The COMMON or NORWAY SPRUCE (Abies excelsa). There Common are several species of the genus to which the common or s P race - Norway spruce belongs, but it is the only one which we need specially consider. It is a native of northern Europe, also of Asia and its habitat. America. It is not indigenous to Great Britain, but was introduced, it is supposed, about the fifteenth century, the exact period is however unknown. Although it grows in high and exposed situations, it reaches great size only in low moist bottoms. It is the most lofty tree in Europe, sometimes reaching a height of 150 or 170 feet. It blossoms in May and June and ripens its cones in the following winter. The cones are pendent and form a beautiful feature in the tree. The treatment of the cones is similar to that of the Scotch Preparation of fir cones, already described, and need not, therefore, be see ' repeated. The roots of this tree are very fibrous and ramify near the surface ; it is therefore treated somewhat differently to other conifers. The young plants should be left two years Treatment o in the seed-bed, and if not too thick may be even left three p a years before being transplanted into lines. But this treat- ment is scarcely suited to any other of the tribe. For planting in moorland, two years' seedlings once transplanted are the best. By being transplanted they become hardier, but do not increase much in size. When transplanted for use as above, they may be planted in rows nine or ten inches apart and three inches between the plants. If they are to remain two years in the lines, they should be one foot apart and four inches between the plants. Nurserymen sometimes plant closer and remove every other line as time progresses. 118 ESTATE MANAGEMENT. CHAP. III. Sect. 2. Cone-bearing Trees. Useful as nurses. Pruning. Uses. Price. Burgundy pitch, and method of collecting. Silver Fir. For plantation purposes, two or three years' transplanted plants are best ; i.e., plants which have been taken up and replanted twice or three times. They are very fibrous and bear removal well. Owing to their lower branches retaining foliage, they form an excellent shelter, and are therefore useful as nurses. If required for timber purposes they should be planted very close together, so that the lower branches may decay and fall off, as the spruce should never be pruned under any circumstances. By this method the timber is obtained free from knots. The thinnings may be used for pit-props, and when further advanced for scaffold poles and sleepers ; some of the best may be used for the masts of small vessels, and, when full growth is reached, for planks. The timber is soft and white and of fine grain. It does not, however, reach a high figure ; when fully grown Is. to Is. 3d. per foot is the full value. Some magnificent specimens of this tree, and also of larch, Scotch, and silver fir are to be seen in Windsor Park, near Virginia Water. They grow slowly until they become fully established, when their growth is rapid, and on good moist soils they attain a great height in a few years. From this tree is obtained the Burgundy pitch. This substance is the congealed sap, melted and clarified by boiling in water. The tree should, where circumstances are favourable, take its place to some extent in all plantations ; where, however, ornament is required, it should form the outside lines. It is seldom that it can be recommended as a timber tree, as the larch will grow under similar circumstances, and come earlier to a profitable maturity. It is best adapted to belts, park circles, and shrubberies. The COMMON SILVER FIE (Picea pectinata.) This is one of the most ornamental and useful of the coniferae. It is a TIMBER TREES. 119 native of Europe, Asia, and America, and the northern CHAP. III. parts of Africa. In the Black Forest and in the glens of Germany it attains great size. Trees. It was introduced into England about the year 1600, and has now become a tree of some importance. It is very similar, in many respects, to the spruce, but the foliage is darker and more lustrous or metallic ; the cones, also, are erect, not pendent like the spruce. As the cones Treatment of ripen the scales fall off and liberate the seed, therefore no such artificial process for liberating the seeds as has been described in the case of the larch and Scotch fir is required. When young it is the most tender of its class, and needs Treatment of shelter in the seed-bed ; but when it becomes established it p a is not only hardy, but grows with great rapidity. It grows best on rich, deep loams ; and perhaps for such soils a better tree cannot be selected. For timber purposes it should be planted thickly, under which circumstances it grows straight and soon attains considerable girth, a greater girth than the branches would indicate. It is also useful in filling up gaps in plantations, as it grows freely in shade. The seedlings are best transplanted into lines when they have been two years in the seed-bed. They should be left one year in the lines and then transplanted again, giving them more room. This practice makes them hardy and more fibrous-rooted, which latter adapts them for final planting. From this tree is obtained the well-known Strasburg Strasburg turpentine, used for fine varnishes and artists' colours, the only turpentine, in fact, fitted for this purpose. It is obtained from the resinous exudations found under the outer skin or bark. The timber is white and soft, and when free from knots Price. makes good planks, which may be used in the place of foreign deals. It fetches in the market from Is. to Is. 3d. per cubic foot. SECTION III. TIMBER MEASUREMENT. MEASUEEMENT OP STANDING TIMBER MEASUREMENT OF SAWN TIMBER SUMMARY OF RULES WITH EXAMPLES INSTRUMENTS USED IN TIMBER MEASUREMENT SLIDING RULE ITS DE- SCRIPTION AND USE. TIMBER MEASUREMENT, WITH A VIEW TO VALUATION AND ULTIMATE REALIZATION. - CHAP. in. HAVING now described the various kinds of timber and Sect, 3. timber-like trees and their treatment, we must ask the Timber . Measurement, student s attention to the very important subject of measurement, as, of course, correct knowledge of contents is absolutely necessary before setting a value upon timber with the view to its final realization. To arrive at a quick perception of contents and value, the student will need care and patience. He must cling closely to the set rules, doing nothing by guess work, but proceed methodically with tape and rule, until by degrees his eye acquires such a training as to enable him, by its aid alone, to compute with accuracy ; even then, however, he cannot altogether set formal methods of measurement aside. MEASUREMENT OF STANDING TIMBER. Rule. To ascertain the contents of round timber, take the girth in inches in the middle, divide it by four, and square the result (which gives the mean sectional area of the trunk) . Multiply the product by length of tree in feet, and divide by 144, and the quotient is the contents in cubic feet. (See rule, page 123). The result can also be quickly and accurately obtained by use of the carpenter's rule, a description of which will be found hereafter. Allowance for Where there is bark an allowance must be made, or a false quantity will be obtained. In oak and elm the TIMBER TREES. 121 usual allowance is half to one-and-a-half inches to every foot of quarter girth ; thus, the total quarter girth being 24 inches, and the bark being thick, a deduction of two or three inches would be necessary, the quarter girth being taken at 21 or 22 inches. When trees are measured standing the girth must be taken as high as can be reached, and an allowance made for fall, i.e., the natural slope of the tree, which must, of course, be regulated by the regularity or irregularity of such slope. Where the tree tapers gradually, and where the height is considerable, six inches may be deducted from the total girth. The height of standing trees may be judged by using a 20-foot rod, or by the rod made expressly for the purpose in sliding joints, or, when too high even for this, the simple instrument hereafter described may be used : (see pages 125, 126.) The student, however, after a little practice, will generally succeed in forming a correct estimate without the use of this instrument. To arrive at accurate results each tree must be carefully measured, and nothing decided at random. Each tree should be marked when measured, or it may easily be measured by mistake a second time. This remark applies also to felled timber. Therefore a cross should be cut with a razing knife upon each tree as soon as measured. As the measurements are taken, entry must be carefully made in a book ruled for the purpose, and the contents of each quickly reckoned on the sliding rule, or worked out after in the office. A book ruled as follows will be found well adapted to the purpose : CHAP. III. Sect. 3. Timber Measurement. Measurement of standing timber. Method of ascertaining height of trees. No. Description. Length. Quarter Girth. Contents in feet. Price per foot. Value of tree. 1 Oak ... 25 17 50 S. d. S. d. 20 500 2 Elm 40 25 170 2 17 3 Ash ... 15 14 20 26 2 10 122 ESTATE MANAGEMENT. value of bark. Dressing bark. CHAP. III. A more elaborate book may be used, but in practice these Timber entries are sufficient. It may be said that this takes no Measurement, account of the limbs and small wood, or " lop and top." It is however found that as a rule the sale of this about covers the cost of felling, and the timber being valued at the price Allowance and when felled, the required result is arrived at by leaving its yalue Q ^ of tlie Ca i cu ] a ti n. When oaks, however, are measured standing, it is necessary, as before stated, to take account of the bark, and for the value of that a sum must be added. This sum must be calculated according to cir- cumstances : where oaks grow together in copses the bark is thin, but at the same time more valuable from the fact of its possessing more tannin, or in a woodman's phrase, " more virtue " than oaks of the same size growing in the open. The bark in the latter case is thick and woody, and requires dressing before a full price can be obtained for it ; by dressing is meant the paring off the outside of the bark which is valueless for tanning purposes. Experience only can enable a valuer easily to estimate the value of the bark on the trees which he is valuing. But the student may perhaps be assisted if we repeat the observations made when speaking of the oak tree, namely, that about one ton of bark may fairly be expected from every three or four tons of oak timber, and that 36 '2 cubic feet of oak weighs one ton. Where timber is felled for use on the estate, or for sale after felling, and when oak is stripped by the owner and the bark and timber sold, accurate results are of course obtained, but selling timber standing is a very general custom, and here it is that skill and care are required to ascertain the correct quantities and values. This subject, however, will be further treated of under "Auctions and Sales." MEASUREMENT OP SAWN TIMBER. Sawn timber. It is highly necessary that the student should know how to measure sawn timber. A great deal of practice is required to measure correctly after a sawyer, and as all TIMBER TREKS. 123 sawing is done by the " piece/' it is important that the CHAP. ill. account of work given should be duly checked. In sawn timber the superficial foot, not cubic foot, is to be con- Measurement. sidered, for sale the superficial foot is reckoned at one inch thick. Suppose an oak plank to be three inches thick, the area of the plank would be multiplied by three to arrive at the correct contents. Half-inch plank or any measurement below an inch counts with reference to cost of sawing as one inch, as the labour is of course as great. For pit sawing plank and boards, joists, quartering, &c. Cost of pit the sum generally given is from 5s. to 7s. per hundred sa feet, if sawn by steam, Is. for the same quantity, the estate Cost of steam finding engine-driver. For slabs the sum given is 3s. in- 8a eluding hewing-cut. Planks are generally cut into fixed lengths, which of Measurement course necessitates only the measurement of the width in pi a s n k 8 S a the middle, or each end if tapering, and then by a rapid calculation on the rule the superficial content is arrived at, and chalked on the plank, and the plank set up for seasoning. Where the planks are less on one side than the other, i.e., where the bark or rind adheres it is to be measured on the lesser side. Rule. Multiply the mean breadth in inches by the length in feet, Rule. divide the product by 12, and the result will be the superficial contents. By the Sliding Rule. As 12 upon B. is to the breadth in inches upon A., so is the length in feet upon B. to the contents upon A. in feet and fractional parts. SUMMARY OF RULES WITH EXAMPLES. 1. To ascertain cubical contents of trees; i.e., saleable contents. Rule. The quarter girth in inches squared multiplied by the length in feet, and divided by 144 = saleable contents. This rule gives the contents less the sap-wood, which is hewn before sawing. 2. To ascertain the exact cubical contents. 124 ESTATE MANAGEMENT. CHAP. III. Rule. Multiply the area of the circle of which the girth is the circum- Sect. 3. ference in inches by the length in feet, and divide by 144 = exact Timber rrm ^ n ^ -.f , CUIAtcJILo. Measurement. Examples : Saleable Rule 1. Find the contents of a tree 25ft. long whose quarter girth is contents. 16in> . 16 2 _ 256) 2 56 X 25 = 6400, 6400 -=- 144 = 44-4 cubic feet. Saleable contents of tree. Exact Rule 2. Find the contents of a tree 25ft. long whose total girth is contents. 64 m . . area (see Circles), 2-368; 2-368 x 25 = 59ft. A correct but not practical result. 3. To ascertain the cubical contents of a tree by sliding rule. By sliding Rule. As the length upon C. is to 12 upon D., so is the quarter girth rnle - in inches on D. to contents upon C. This latter is a quick and easy method, and generally re- sorted to by timber measurers. 4. To ascertain the superficial contents of a plank. Superficial Rule. The length in feet multiplied by the mean breath in inches measurement. an d divided by 12 = superficial area. Decimals and duodecimals are rules useful for the above ; and are more fully described hereafter. Examples : Required the superficial contents of a plank whose length is 20ft. 6in. and breath 1ft. 4in. By fractions 20^ x H = V X f = x * = 27*. By Decimals. Duodecimals. 20-5 20 6 1-33 1 4 615 20 6 6-15 610 20-5 27 4 27-265 5. To ascertain the superficial contents of a plank by sliding rule. By sliding Rule. As 12 upon B. is to the breadth in inches upon A., so is the ru ^ e - length in feet upon B. to the contents upon A. in feet and fractional parts. TIMBER TREES. 125 INSTRUMENTS USED IN TIMBER MEASUREMENT. CHAP. in. Sect. 3. Fig. 1. The razing-knife. This knife can be purchased Timber for 2s. 6d. or 3s. at any ironmonger's. It is used for marking A trees. Eazing-knife. Fig. 2 is the " needle " for assisting the measurer in Needle, girting the tree with string. When felled, timber lies close upon the ground, it is often difficult to force the string under it. This simple instrument overcomes this entirely. It may be made by any blacksmith for Is. Gd. (Note.) The two figures represent the same instrument from different views. Fig. 3 is the " girt-strap " for girting standing timber. Girt-strap. It is a strap about six feet long and f or 1 inch wide, having at one end a loop for the hand, and at the other a weight. Standing close to the tree, the operator throws the weight round, which he catches, and thus girts the tree. It is necessary, however, to be careful, as the weight comes round with considerable force, and is apt to strike the operator's face rather unpleasantly. The strap is divided into inches, which are marked i; k> i> 1> & c '> each inch being reckoned a quarter, thus showing at a glance the quarter girth of the tree. Fig. 4. To find the height of a tree, a simple instrument TO find the may be made by any village carpenter, as follows : Take a square-sided staff of some light, but tough wood, 6 feet in length, and divide it into feet for the sake of taking distances. Upon this staff, fix at convenient height an oblong piece of board (mahogany/ "is best), Sin. long and 4in. broad, and fin. thick> (or any other size, provided the length is exactly double the breadth). At the corners A and B (see fig. 4, page 126), fix two nails or brass pins, allowing them to project from the board ; at C and D fix two more, making A B equal to A C and CD. At X, fix an eyelet to admit of the suspension of a plummet. Let the staff be pointed and shod with iron, that it may be fixed readily into the ground. The instrument is then complete, and is used as follows : 126 ESTATE MANAGEMENT. CHAP. III. Sect. 3 Timber Measurement. If u 2 4- in TIMBER TREES. 127 Keep the dial face edge-ways, so that the points A, C, D, CHAP. in. are towards the tree, and the point B towards the observer. Then fix the staff in the ground perpendicularly by aid of Measurement. the plummet, at such a place that by looking across B C you can see the top of the tree. The height of the tree will then be equal to the distance of the staff from the base of the tree, plus the height from the ground to the measurer's eye. If it is more convenient, owing to underwood or other obstruction, to place the staff nearer the tree, fix the staff at such a place that, acting as before described, by looking across the sights B D, you see the top of the tree. The height of the tree will then be equal to double the distance, plus the height from the ground to the eye. With the addition of a carpenter's rule, book and pencil, and a piece of string 6ft. long, the measurer is equipped. SLIDING RULE ITS DESCRIPTION AND USE. Although it is not easy to make this instrument intelli- Sliding role. gible by mere written description, the following quotation from Nesbit's Mensuration will probably enable the student to understand and apply it so soon as he has it actually in his hands. " This instrument is commonly called ' CogeshalFs Sliding Rule/ and is much used in measuring timber and artificers' work ; not only in taking the dimensions, but also in casting up the contents. " It consists of two pieces of box, each 1ft. in length, connected together by a folding joint. One side or face of the rule is divided into inches and half-quarters or eights ; and on the same face there are also several plane scales, divided into twelfth parts, which are designed for planning such dimensions as are taken in feet and inches. On one part of the other face are four lines marked A, B, C, D; the two middle ones B and C being upon a slider. Three of these lines, viz., A, B, C, are exactly alike, and are called double lines because they proceed from 1 to 128 ESTATE MANAGEMENT. CHAP. m. 10 twice over. The fourth line, D, is a single one, proceed- ' from 4 to 40, and is called the " girt line." The use of Measurement, the double lines A and B, is for working proportions and finding the areas of plane figures, and the use of the girt line, D, and the other double line, C, for finding the contents of solids. When 1 at the beginning of any line is accounted 1, then the 1 in the middle will be 10, and the 10 at the end 100, and when 1 at the end is accounted 10, then the 1 in the middle is 100, and the 10 at the end 1000, &c., and all the smaller divisions are altered in value accordingly. Upon the girt- line are also marked W G at 17'15 and A G at 18'95, the wine and ale gauge-points, to make the instrument serve the purpose of a gauging rule. On the other part of this face there is commonly either a table of the value of a load or fifty cubic feet of timber, at all prices 6d. to 24d. per foot, or else several plane scales divided into twelfth parts, and marked 1, f, \, and , signifying that the 1-inch, f-inch, &c., are each divided into twelve equal parts. The edge of the rule is generally divided decimally, or into tenths, namely, each foot into ten equal parts, and each of those into ten other equal parts. By this scale dimensions may be taken in feet, tenths and hundredths of a foot, which is a very commodious method of taking dimensions, when the contents are to be cast up decimally. SECTION IV. SALE OF TIMBER. SALE BY PUBLIC AUCTION BILL OF EXCHANGE SALE BY TENDER PRIVATE SALE. REALIZATION OP TIMBER. THESE methods of sale present themselves to the land steward, from which he must select in accordance with the TIMBER TREES. 129 custom of the district, his own views, or the requirements CHAP. III Sect 4 of the estate. The first and, perhaps, that most resorted to gaieof j s Timber. SALE BY PUBLIC AUCTION. After having decided what timber is for sale, he will Sale by choose an auctioneer known for his business qualities and auc uprightness, and arrange with him place of sale, date, and hour, and also give him the quantity and description of timber for sale, in order that he may insert proper adver- tisements in the local and other suitable newspapers. Having done this, he will either authorise the auctioneer Method of or employ his own woodman to mark and number in paint the various lots of timber. This is done by scraping off the moss, and, with a paint brush, making a bold number in white or red paint, each tree being marked on the same side, so that, by walking through the wood in one direction, the marks readily catch the eye. It is, however, a good plan when thinning, in addition to the number to paint a ring round the entire stem, so that it can be seen from all directions. The next process will be to go with the woodman and Valuations of measure and value each lot (in accordance with the fore- 8 ' going rules), entering the same carefully in a memorandum book. At the time of sale these values will be given to the auctioneer as the " upset " or reserved price. At the time of sale the auctioneer then will be in posses- sion of the number of trees of each kind, the woods in which they stand or lie, and the proximity of roads; he will also have prepared conditions of sale, drawn up in accordance with the views of the steward, such rules embody- ing strict conditions as to payments, and the fufilment of certain obligations. The sale will then proceed. If the timber is good and useful, if the advertisements and post- bills have been widely and wisely circulated, and if the auctioneer is known, there is every prospect of success. It is very necessary that the sale should be extensively Publicity of known, as, when local merchants only are present, it is a very auctions - common practice to combine and keep down the prices; K 130 ESTATE MANAGEMENT. CHAP. in. Sect. 4. Sale of Timber. Auctioneer's duties. When auction is not advis- able. Lotting. Settlement after pur- chase. when, however, buyers come from a distance this is almost impossible. An auctioneer's form of conditions and the usual memo- randum of agreement are annexed, which will serve as a guide, and help to make clear the foregoing remarks. The auctioneer after the sale will collect the money in accordance with the conditions (the conditions having been read aloud previous to the sale) . Within a week or so he will forward to the steward a statement of accounts, showing the expenses connected with the sale printing bills and catalogues, posting bills, marking and lotting, " expenses out of pocket," and commission ; the latter de- pending upon circumstances, but it will vary from 2 to 5 per cent, upon the gross sum obtained. The balance, after these deductions are made, he will cover by a cheque, and at the same time he will inclose a list of the purchasers, their names and addresses, with the respective balances due from them. The steward will then proceed to draw upon each in the usual way, which will be hereafter more fully described. The plan of auction is generally strongly to be recom- mended. It brings what is highly necessary, viz., keen competition, and as a rule gives general satisfaction. The practice, however, is not desirable in the case of small sales. When the sum expected is less than 200/., it is scarcely advisable. When trees are standing or lying altogether, lots of twenty will be found a useful number ; when scattered, the lots may consist of fewer, and sometimes even of single trees. When felled, they may of course be collected and drawn into lots and into suitable situations, and when this can be done it will be wise to select with judgment, so that each lot may be valuable for special purposes. In settlement it is sometimes wise to allow a discount for cash payments, i.e. for the balances due after payment of the stipulated deposit. Five per cent, discount will almost in- variably induce cash payments when the purchaser is sound, TIMBER TREES. 131 but 2 1 per cent, will seldom do so. The allowance, however, CHAP. in. of 5 per cent, is a matter of importance in a pecuniary Sale of point of view, and it is doubtful policy to take it from a Timber. thoroughly trustworthy man (and on this account provided for in condition 4) . Bills, though often absolutely necessary, should be, where possible, discountenanced. Where necessary to resort to the practice, the form is as Form of bill, follows : This form, filled up with the amount due, must be forwarded to A.B., the party upon whom it is drawn, with a request that he will accept it and return it at once. In the event of his sole acceptance being considered satisfactory, no further step is required ; if, however, there are doubts existing as to his ability to meet his engagement, he must be requested to furnish another signature to the bill, the party attaching such signature being responsible in the event of the failure of the drawee. The acceptance must be written across the bill (as above) and should be made payable at a banker's. This bill is then either kept by Y. Z. the drawer (in this case the steward) until it becomes due, or deposited with his bankers for collection at maturity ; or he may, if he desires it, dis- count it at the current rate of interest. The act, however, of discounting does not remove from the drawer any responsibility in the event of the bankers becoming losers by the failure of the drawee. The bill being made to " order " will require the signa- ture of the drawer on the back, previously to payment. It must be written on paper stamped, according to the K2 132 ESTATE MANAGEMENT. CHAP. III. Sect. 4. . Sale of Timber. Bill stamps. amount for which it is drawn, the stamp duties being as follows : BILLS OF EXCHANGE, ON DEMAND, Id. Bill of any other kind (except a bank note), and promissory note of any kind whatsoever (except a bank note), drawn or expressed to be payable, or actually paid or indorsed, or in any manner negotiated in the United Kingdom, or purporting to be drawn or made out of the United Kingdom, though actually drawn or made within it. Any sum not exceeding 5 Above 5 .. 10 .. .. 10 25 50 75 25 50 75 100 Bales neces- sale. And for every 100 or fraction thereof, Is. In conclusion, it may be observed that, in order to insure the success of a sale by auction, the following requirements aary to secure are necessary : The selection of a trustworthy auctioneer, wide distribution of notices of sale, comprehensive rules and conditions, and the retainment of power over the timber until payment is made or secured. CONDITIONS OF SALE. Conditions of 1. The highest bidder to be the purchaser on being declared such by the auctioneer, whose decision shall be final. 2. No person shall advance less than II. at each bidding, nor retract his bidding. 3. The sale is subject to a reserved bidding for each lot, which will be made by the owner's agent if necessary. 4. Each purchaser, at the time and place of sale, shall subscribe his name and address (on request) to these particulars, and sign an agreement for the due performance of these conditions. Each purchaser shall, immediately after the sale (or on the fall of the hammer, if requested), pay into the hands of the auctioneer 25/. per cent, on the amount of purchase money, and shall, within fourteen days from the day of sale, make and deliver, at his own expense, to the vendor's agent, security to be approved by him for the remainder of the purchase money by an acceptance, payable at a banker's three months after the date of the sale, and shall find also sufficient surety or sureties for payment of the same ; or in default of giving such approved acceptance or finding such securities the deposit money shall be forfeited to the vendor, who shall thereupon be entitled to the timber and produce thereof, sold to such TIMBER TREES. 133 purchaser, for his own use and benefit, as if no such sale had taken CHAP. III. place, nor shall the purchaser be allowed to enter on the premises ^eot. 4 - to remove any part of the said timber or trees or produce thereof. Timber. Should any purchaser pay the whole of his purchase-money at the time of sale, a discount of 2 per cent, on the value, after deducting the deposit as above, will be allowed. 5. If any person shall purchase more than one lot, the lots so purchased by him shall, for the purpose of the fourth condition, be considered as one lot ; and the total amount of the purchase money for such lots shall be subject to the same deposit and securities accordingly. 6. If any purchaser shall neglect or fail to pay his purchase money as aforesaid, or shall become bankrupt or insolvent, the vendor or his agent shall be at liberty to secure and prevent the removal of any of the timber, or produce thereof, purchased by such purchaser that shall be remaining on the said manor, and shall be at liberty to sell or dispose of the same, and apply the money arising from the sale thereof towards paying the purchase money of such purchaser, or such part thereof as shall be unpaid, and after deducting all charges of converting and selling the said timber, or produce thereof, shall render the overplus (if any) to such purchaser, or to the person or persons legally claiming under him, but such taking possession or sale shall not discharge such purchaser or his surety or sureties from their respective liability upon any acceptance then unpaid, or any bond or other security, further than to the extent of the net proceeds of such sale. 7. The trees shall be removed and taken off the said premises at the purchaser's expense, on or before the 1st day 187 . And such timber or produce of such timber, which shall be remaining after the said 1st day of shall be forfeited to the vendor, who may take the same to his own use, without making any satisfation to the said purchaser. 8. The respective purchasers shall use all possible caution to prevent damage to the adjacent hedges, fences, gates, posts, and rails, and shall, with their horses, teams, carriages, servants, and workmen, keep the accus- tomed roads to and from the woods, or such other tracks and ways as shall be pointed out by the vendor, or his agents, and shall not, nor will take any dogs or guns into the woods, plantations, or fields of or belonging to the said manor. All injury or negligent damage arising from the breach of this or any other condition, either by the purchasers, or their respective agents, workmen or labourers, horses and cattle, as aforesaid, shall be forthwith made good and paid by the purchaser thereof, and the amount of such injury or damage shall be settled by the vendor's agent, and be thereupon recovered by the vendor as liquidated damages. 9. If any dispute shall arise as to the identity or number of trees or saplings comprised in any lot, such dispute shall be decided by the vendor's 134 ESTATE MANAGEMENT. CHAP. III. Sect. 4. Sale of Timber. Agreement. Sale by tender. Method of selling by tender. Forms of tender. agent, and no mistake, error, or mis-description whatsoever in the par- ticulars of sale shall vacate or vitiate the sale of several lots or any of them, and no compensation or allowance shall be made, paid or allowed by the vendor or purchasers respectively in respect of such mistake, error, or mis-description, unless the same be declared or pointed out at the time of the sale, or before signing these conditions. AGREEMENT. I, of , do hereby acknowledge that I have this day purchased by public auction, Lot of the timber mentioned in the annexed particulars, for the sum of and have paid the sum of as a deposit, and in part payment of the said purchase money, and I do hereby agre to pay the remaining part of the said purchase money at the time and place within appointed, and in all other respects on my part to fulfil the within-mentioned conditions. Dated the day of 187 . Witness my hand Purchase money ... Deposit money Balance due Here attach a 6d. Agreement Stamp. As Agent for the Vendor, I hereby confirm the same, and acknowledge the said sum of to have been paid to me on account of the above purchase money. SALE BY TENDER. Before resorting to this plan it will be necessary to arrive at the real value of the timber for sale, in order that the tenders received may be fully considered. There will probably be a great divergence in the amount of the various tenders; but this is only to be expected when values are decided by parties wanting the timber for various purposes, and unprompted by the knowledge of compe- tition. The method of procedure is as follows : An advertise- ment is drawn up somewhat as follows, and inserted in the various local and other papers likely to come under the notice of timber merchants : " To Timber Merchants and Others. Tenders are invited for the purchase of oak (or other) timber growing (or lying) TIMBER TREES. 135 upon the estate. To view, and for full particulars, CHAP. III. apply to Mr. , woodman of the estate. Tenders to $ a i e O j be delivered by the day of , 18 , and Timber. addressed to Mr. , steward (address). No pledge is given to accept the highest or any tender/' or, " Tenders are invited for the purchase of timber growing (or lying) upon the estate, in accordance with the following particulars : Tenders to be sealed and marked ' Tenders for timber/ and delivered by the 6th day of December (or other date). No pledge is given to accept the highest or any tender. To view apply to the woodman, estate. Tenders to be addressed to A. B. C., steward, House (address)." Name of Wood. Oak. Ash. Beech. Elm. Great "Wood . . . 6 12 High Wood ... 10 3 6 Church Lane . . . 5 This practice is approved of by many. It possesses the advantage of simplicity, and also saves considerable trouble and expense. It fails, however, to produce the necessary competition which can alone secure high figures. The intending purchasers are also somewhat restricted in their offers by the feeling that they may possibly, to secure the purchase, overreach themselves. They are, to a certain extent, working in the dark, and lose that very necessary element acquired in public auctions of rapid calculation and decision. That buyers are influenced in this way there is no doubt ; for we have known the amount of tenders vary to such an extraordinary extent that it has been scarcely possible to believe that they have been, based upon the same lots of timber, or that they have emanated at all from practical men. 136 ESTATE MANAGEMENT. CHAP. III. Sect. 4. Sale of Timber. In the event of this practice being determined upon, how- ever, the conditions as to payments, and conversion of the timber, will be similar to that already described in the fore- going pages. PEIVATE SALE. Private sale. For small lots, this is perhaps the wisest course, but for large lots the most unwise. But it is to be observed that there are those who are always looking out for bargains, and ready to take advantage of the unwary or inexpe- rienced ; and accordingly a private sale is scarcely likely to be satisfactory except where it is made by a man of con- siderable experience. It is necessary in this method to measure and value with great accuracy, more so than under the two former plans of sale ; this, however, must be evident, as upon the estimate only the steward must make his bargain. Often on estates there are small lots of timber not required for home use, which may be sold in this way, and which will bring in small sums of money for ordinary out- goings. In most districts there are men who can better afford to buy small than large lots, and are willing to pay a trifle over the ordinary value rather than lose this advantage. In cases of this sort private sale is useful, and may be safely resorted to ; but, for large sales, we are of opinion that the practice is most unwise, and should in every case be discountenanced. It is to be remembered that Id. a foot represents a considerable sum when large quantities of timber are in question. CHAPTER IV. UNDERWOOD AND ITS MANAGEMENT. SECTION I. UNDERWOOD. UNDERWOOD AS A SOURCE OP INCOME SALE OP UNDERWOOD CUTTING AND SORTING UNDERWOOD TIME FOR CUTTING UNDERWOOD IN THE HANDS OP A TENANT THE PLANTING AND PROTECTION OP UNDERWOOD TABLES POR CALCULATING NUMBER OP PLANTS REQUIRED FOR PLANTING DIFFERENT AREAS. BY underwood is meant coppice, which is growth from stools CHAP. IV. or stumps. This growth, as a rule, forms an important item Underwood. in the annual receipts of most estates, and the duty of the ~ , , Forester is to see that the acreage is so arranged that the as a source of same quantity comes to cut each year. For instance, sup- " posing we have upon an estate 100 acres of coppice, and the soil is such as will bring the wood to maturity in eight years, we divide the acreage by eight, which gives 12 ^ acres as the annual cut. This is highly important in estate management, as the yearly income should be, as nearly as possible, equal, in order that expenses may be regularly met ; and also that the owner may know as nearly as possible what income he may expect. Upon rich estates underwood forms one of the most profitable sources of income, and deserves careful attention. The return is regular and the expenses low, as during the growth little labour is required beyond looking to the watercourses and ditches, and keeping down ground game ; and, of course, the annual payment of rates. Under these circumstances a return considerably beyond agricultural value may be 138 ESTATE MANAGEMENT. CHAP. IV. looked for. On soils, however, of poorer quality, the Undenolod growth is less rapid, and the quality much inferior ; a period of twelve years being often required before coming to "cut." It is highly important, where underwood is looked upon as the chief means of return, that timber should be thoroughly and carefully thinned, as no class of underwood will grow under spreading oaks or beeches. It is also of great importance that ground game should be kept down, as when hazel and ash are barked, or the young shoots nipped off, the value of the next cut is greatly affected. In hard winters, and when game is preserved, the damage done is often beyond calculation. Sale of under- Underwood, as a rule, is sold by auction, under rules wood. verv s i m i} ar to that of timber: (see p. 132.) It is sold by the acre ; the purchaser undertaking to cut and remove, without injury to surrounding growth, within a certain period; also undertaking to cut clean and low, leaving all heirs, saplings, and hollies (these, however, ought first of all to be marked in paint by the Forester) as belonging to the estate. He also makes good all the fences adjoining the portion which falls to him from the growth in proximity, being allowed for the same at a fixed sum per rod on pay- ment of his account. He is also in some cases called upon to leave rods, where the plant is thin, for future layering; and where this is done an allowance is made for every 100 rods so left. The parties purchasing are generally men who make it part of their calling ; they consequently know to a nicety what use each separate stick is adapted to. When the work is completed, and the ground clear, the buyer and seller appoint a measurer, who measures off each piece, and it is upon this area that payment is made ; the sum per acre being of course fixed when the contract is made. The acreage of each cut is, however, after some years tolerably well known, and consequently a fixed sum may be arranged at the outset. The value of underwood much depends upon the number of ash and other poles which it contains ; for these are looked upon as direct profit, whilst the hazel UNDERWOOD AND ITS MANAGEMENT. 139 and other small stuff are expected to clear expenses unless CHAP. IV. the quality is very deficient. Underwood. When the sale has been effected, the buyer agrees with a c uttl ~ d party of men to cut the stuff. This is done also by the sorting under- acre; the price generally being from 14s. to 15s. They lay w it in rows just as it comes. When the whole is felled they return to the place where they began and commence the process of sorting. A practised cutter knows in a moment what to do with each piece, and with his sharp bill-hook the work rapidly proceeds; hop poles, hurdle-rods, shores, withes for tying, rods for fencing, hoops, &c., being all sorted and made up by the dozen or quarter of a hundred, and the refuse tied into faggots. This is also done by task work. When this is all completed the men are paid and the buyer commences the act of realisation. One of his first acts in those districts where basket hurdles are made is to send in the hurdle-maker to make up the rods put aside for that purpose. This process is paid for by the dozen hurdles, the price paid being about 3s. to 3s. 3d., a good maker turning out on an average twelve to fifteen hurdles per day. The price of these when sold is about 7s. to 8s. per dozen. It will consequently be seen that the buyer of underwood must have some amount of capital to enable him to conduct his work. But credit is usually given by the seller. This is of course arranged at the time of sale, and the practice varies in different districts and on different estates. It is very important that cutting should not commence Time for until the sap ceases to circulate, as otherwise the stumps Cl soon become injured from bleeding. From November to March is the best time. There is also a period at which the growth falls off and rapidly decreases in value. It is there- fore necessary to watch the exact period of maturity. Where underwood is let with the farms, the annual Underwood in growths are of course the property of the tenant. Upon 8 ' quitting therefore he is entitled to receive from the in- comer a sum representing the value of such growth ; this 140 ESTATE MANAGEMENT. CHAP. IV. value is determined by valuers chosen in the ordinary way ^y each party, and, with men of experience, there is little difficulty in arriving at a fair sum. We append for the use of the student a table which we have found of value, and which may act as a guide. Of course, the nearer the growth is to maturity the greater in proportion becomes the value ; and as the table is framed on the assumption that the soil will only bring to maturity every twelve years, it will require modification in valuing on a soil where maturity is more rapid. Table of values. Value per acre at maturity^ s. d. 600 s. d. 5 10 s. d. 500 s. d. 4 10 s. d. 400 Years. Value per acre 1 at the end of successive 2 years after last cut. 3 072 14 4 128 067 13 7 110 060 12 6 19 054 11 17 048 097 15 6 4 1 11 2 180 160 130 106 5 220 1 17 1 13 196 166 6 2 9 10 250 210 1 16 6 1 13 7 2 19 10 .2 15 2 10 240 1 19 6 8 3 10 350 2 19 2 12 266 9 410 3 15 380 300 2 14 10 4 13 6 460 3 18 390 320 11 560 4 18 4 10 3 19 3 11 The planting In preparing plantations of underwood, it is necessary 0? underwood! * drain if the soil be at all wet ; and open watercourses should be resorted to. These should be cut with sloping sides, as otherwise in winter the earth falls in and fills up the drain, causing flooding and consequent injury. Covered drains are useless owing to the roots and fibres. Trenching may be advisable, and pay in the long run, but it is too expensive to be generally resorted to. Good fences should UNDERWOOD AND ITS MANAGEMENT. 141 also be erected, as the bite of sheep or cattle is injurious to CHAP. IV. the young plant. Roads should always be so arranged that the cuttings may be carted away with as little injury to the stumps as possible. A cart-wheel will often cause the death of a well-developed stool. The subject of propagation will be treated of under the description of plants suitable for underwood; it should, however, be borne in mind, that in planting, variety is a matter to be kept in view ; hazel forms generally the bulk, but it may be interspersed with ash, chestnut, &c. The distance apart should be about four feet, Distance of and the planting may take place any time between October P lants - and March. Where old plantations require filling up, the writer has found layering better than planting. This process is very simple. Layers, which should be well Layering, grown and developed rods, are left standing; then, when the ground is clear, these are cut at the base and bent over and so laid where the bare place occurs ; the end, being pointed, is struck into the ground and the layer kept down with pegs and covered at the base where cut, and perhaps in one or two other places, with a sod. Growth soon takes place, and in a few years fresh stumps are formed. They should be laid as close to the ground as possible, as other- wise men and horses often trip over them. A cut on the the under side of the layer will assist the development of roots. It is therefore a good plan to incise the bark with the hook, when layering, in two or three places. From these cuts fibres are thrown out and a separate stool is more rapidly formed. It is important to keep blank spaces always well layered or planted, and injured shoots cut down so as to promote fresh growths. In conclusion, no timber trees but oak should be allowed to be present, and that only to a limited extent. The oak roots strike deeply down, and con- sequently this tree only affects the growth of coppice by the shade which it produces. The following Table shows the number of plants on an Imperial Statute, a Scottish, and an Irish Plantation acre, respectively, at various distances of the plants apart each way : 142 ESTATE MANAGEMENT. CHAP. IV. Sect. 1. Underwood. Distance of plants apart. Number of plants on an Im penal Statute acre of 4840 square yards. Number of plants on a Scottish acre of 6150 square yards. Number of plants on an Irish Plantation acre of 7840 square yards. ft in. 2 10,890 13,837 17,640 2 3 8604 10,933 13,938 2 6 6969 8856 11,289 2 9 5760 7315 9330 8 4840 6150 7840 3 3 4124 5240 6680 3 6 3555 4518 5760 3 9 3097 3936 5017 4 2722 3459 4410 4 3 2411 3064 3906 4 6 2151 2733 3484 4 9 1930 2453 3127 5 1662 2214 2822 5 3 1584 2008 2560 5 6 1440 1830 2332 5 9 1317 1674 2134 6 1210 1529 1960 6 3 1115 1417 1806 6 6 1031 1310 1670 6 9 956 1214 1548 7 889 1130 1440 7 3 828 1053 1342 7 6 774 984 1254 7 9 725 921 1174 8 680 865 1102 8 3 640 813 1036 8 6 603 766 976 8 9 569 721 921 9 537 683 871 9 3 509 644 824 9 6 482 613 781 9 9 458 582 742 10 435 553 705 SECTION II. PLANTS SUITABLE FOR UNDERWOOD. HAZEL SWEET CHESNUT ASH WILLOW BEECH BIRCH OTHER VARIETIES. OF the various plants suitable for coppice growth, we may CHAP. IV. , n ,1 Sect. 2. mention, firstly : p lants The HAZEL (Corylus avellana), which is indigenous to suitable for the temperate climates of Europe. It is very hardy, and is consequently found in all situations. It is deciduous and aze ' monoecious, i.e., it casts its leaves in winter and carries its male and female flowers separate, but on the same plant, the well-known catkin being the male flower, the bright scarlet tuft found on examination, but not easily seen from a distance, being the female flower, or that which contains the pistil. Its growth in good soils and in sheltered situations is very rapid, often as much as five feet in one season. It forms the most ornamental and useful of all our underwood plants, holding its leaf tenaciously long after frosts have set in, and thus giving the rich colour to the autumn landscape. The Filbert, the Cob, the Barcelona, and other nuts, are all varieties of the genus to which the hazel belongs. To secure, however, their fruit-bearing qualities it is necessary to propagate them by grafts or layers. The common hazel, however, for simple underwood pur- Mode of pro. poses, is grown from nuts ; these should be selected, which P a s atlon ' may be done by sifting through a riddle, as weak plants are generally obtained from small nuts. The nut should be planted in a bed in October, and covered with an inch of soil; they will break through in spring, and should be kept clear of weeds. When a year old the strongest plants should be transplanted in rows, the plants at a distance of about one foot apart, and the rows at a distance of from one and a half to two feet. Under ordinary cir- 144 ESTATE MANAGEMENT. CHAP. IV. Sect. 2. Plants suitable for Underwood. Time for planting. Sweet chestnut. cumstances they are left in these lines two years, and then removed to their destination. The lines should be kept well hoed and free from weeds throughout their infancy. Planting hazel may take place from October to spring, provided the weather is open ; autumn planting is, however, the best, as the plants are better able to bear the heat of the ensuing summer. Care should be taken in the planting, especially where the plants are large ; the holes should be large enough to take them without force. When young and small they may be planted with less care, as they are not so readily checked. After planting, the only attention they will need is to have the vacancies caused by death filled up, and to be kept as much as possible from the bite of ground game. When, however, they are injured by biting, it is best to cut the plant down with a sharp knife, rather than leave the injured shoot to struggle on to a diseased maturity. As a hedge plant the hazel is comparatively useless ; unlike the quick-set it will not bear constant cutting, and consequently the neat and trim appearance so necessary in a hedge cannot be obtained. Where, however, it exists the best plan is to lay it, using as little dead wood as possible. But to this plant must be given the first place in our underwoods, as at once the most universally useful and profitable. SWEET CHESNUT (Gastanea vesca) may be placed next in order of importance. It has already been noticed under the head of (f Timber," but, like many other timber trees, it yields, when cut, a growth of shoots from the stool, which increase in number with each successive cutting. The shoots of the sweet chesnut are very valuable as hop- poles, therefore in hop districts it should never be omitted from plantations. In this use consists its principal value, and for that purpose may be said to rank third ; larch and ash being first and second respectively. It will come to UNDERWOOD AND ITS MANAGEMENT. 145 maturity as poles in from seven to ten years, according CHAP. IV. to the nature of the soil upon which it is grown. The plants propagation for this purpose is similar to that already suitable for described, and it is unnecessary to transplant so often as would be the case if the plants were needed for timber, fruit or ornamental trees. It thrives well in the shade, and may therefore be grown amongst fir plantations. It also thrives on light and inferior soils, and this consequently forms another reason why it may be chosen to accompany fir. It is not a favourite plant with rabbits, therefore often escapes injury. ASH (Fraxinus excelsior) is a valuable underwood plant, Ash. and, as already stated, its presence or absence greatly affects the value of underwood. It grows from stools, and increases three or four fold with each cutting. It is very liable to the attack of ground-game, perhaps more so than any other, except laburnum. When cut it should be cut clean, and as near the stool as possible. It is propagated as already described in our reference Mode of pro- to it as a timber tree, and, like the chesnut, needs but little P a atlon - transplanting for this purpose. It may be planted alone four feet apart, or mixed with other plants in fair pro- portion. It will be ready to cut, under favourable circumstances, in from eight to twelve years. After the first cutting, gaps may be filled up by layers or by new plants from the nursery. Layering has already been described, but it may be well to bear in mind that no plant is more successfully treated in this way than the ash. The stools yield large crops of poles, which are used for hop-poles when of proper size, and if too large for this they may be split up for sheep cages, hurdles, whipple-trees, and other purposes. Hop-poles of this description will always realise a high Uses and price. If twelve feet long they will be worth in the wood value - 12s. to 14.9. per hundred; if fourteen feet long, 14s. to 16s. ; if sixteen feet, 20s. to 22s. Plantations of ash as under- 146 ESTATE MANAGEMENT. CHAP. IV. SCt ' ' Underwood. wood will often realise from '301. to 40L an acre. It thrives best on rich soils and in sheltered situations, and cannot be t f suitable for recommended at all for high and exposed situations. For ^j^ particu i ars t h e re ader is referred to the " Ash as a timber-tree." It will be necessary now to give little more than a list of those plants suitable for underwood, as the plants have already been discussed under the head of " Timber." It must, however, again be stated that what constitutes a coppice plant is its power to grow from stools. Without this quality it is useless. In the following list the plants are enumerated as nearly as possible in the order of their relative merit and importance as growth for underwood. Plants suitable for underwood. OAK (Quercus robur). Oak, as to which it is to be observed that the younger the stool the better will be the shoots. Stumps of old trees may however be induced to throw out shoots by dressing the surface with an adze to a conical form, and keeping down the sur- rounding grass for the first year. All lateral or ill-grown shoots should be broken off. MAPLE (Acer campestris) . Maple is useful as a hop-pole plant. WILLOW (Salix caprea and others.) Willow is also a free grower from stools, and very rapid in growth, and clean in bark. The red-hearted willow forms a valuable hop-pole. Its qualities have, however, been fully discussed. BEECH (Fagus sylvatica). Beech is grown as an under- wood, but is not recommended. BIRCH (Betula alba). Birch may be profitably grown upon poor soils, but not where plants of more value grow freely. It may be used for hop- poles, but soon rots ; 12 ft. poles being worth only 8s. to 9s. per hundred. UNDERWOOD AND ITS MANAGEMENT. 147 OTHER VARIETIES. The SLOE or BLACKTHORN (Prunus CHAP. iv. spinosa). The OSIER WILLOW (Salix vimi- plants nalis and others). The HOLLY (Hex aqui- suitable for * Undencood. folium). BLACK or GREY POPLAR (Populus canesc-ens). SYCAMORE (Acer p. platanus). L2 CHAPTER V. FENCES. SECTION I. THEIR VARIETIES AND GENERAL MANAGEMENT. ECONOMY OF GOOD FENCES PLANTING OF NEW HEDGES, PRE- PARATION OF BED TIME AND MODE OF PLANTING MANAGE- MENT OF OLD QUICK HEDGES GRUBBING HEDGES TRIMMING HEDGES PRACTICAL HINTS AS TO HEDGES GENERALLY- DEAD FENCES OF DIFFERENT KINDS, POST AND RAIL, PALES, PALING, SCOTCH FENCE, OTHER KINDS OF WOODEN FENCES, WIRE FENCING, CONTINUOUS IRON FENCE WALLS TABLES FOR CALCULATING THE NUMBER OF PLANTS REQUISITE FOR PLANTING. CHAP. V. A FENCE may, according to its etymology, be defined as any s t -. 1 - object, artificial or natural, be it hedge or railing or water- Varieties and course, whereby a barrier is constructed between adjoining McmT^mlnt l anc ^ s ' Good fences, either live or dead, are necessary to good management. Nothing conduces more to give Economy of => fences, evidence or good management ; as, no matter how thoroughly the fertility and general repairs of the estate are kept up, bad fences will give an air of untidiness and slovenliness to the whole. And yet how often do we find estates burdened with badly kept fences and also with unnecessary ones. We say burdened, because with regard to live fences, it may be said that fences in bad repair are not only a constant direct drain upon the pocket, but also a FENCES. 149 drain upon the woods and plantations for material. Only CHAP. V. those acquainted with estate management can form an idea Their' of the amount of material required by tenants and home Varieties and General farm bailiffs for this purpose. This drain can only be Management. overcome by planting good live fences, and by keeping them when planted in repair. When once the work is performed, a small annual outlay only is required; an outlay but little felt, as it may often be done between farm operations, and by old men not otherwise employed. But the time is near at hand, thanks to our enterprising imple- ment makers, when we shall see our fences cut and trimmed by machinery at a fabulously low price per rod. Seeing, then, this future before us, let us, as agents, do our best to fit them for the operation. When material is applied for, for new fences, it would be a good plan to insist upon a proviso that a thorn or other live fence be planted at the same time, the landlord finding plants, the tenant labour. So when material is required for stopping gaps, it would be well to insist on filling up at the same time with hollies or some other plant that will grow where others have failed. Where there are hazel and ordinary copse-stuff hedges they should be laid, and only cut when cutting is inevitable. If this is done by men accustomed to the work little dead wood will be required, and, instead of the hedge being filled with dead wood, making the gaps greater, we shall have a live fence pleasing to the eye and easily kept trimmed. Under the list and description of plants suitable for hedge Planting new planting, which will be given hereafter, we shall enumerate e ?e8 ' those points necessary to remember to insure successful growth ; but in any case success is only attained by care and attention when the hedge is young, and by careful treatment in old age. A good hedge may be grown by judicious planting and treatment ; but a good hedge may also be obtained from an old and neglected one. In the first case a good bed must first be prepared accord- Preparation ing to the situation and nature of the soil. If in a high of 150 ESTATE MANAGEMENT. CHAP. V. and dry situation it may be prepared on the flat, the ground Their being dug and trenched to the width of a yard, and some Varieties and well-rotted farm manure being applied at the same time . Management. If in a wet situation a ditch should be cut on each side, sod banks being formed with the top sods, and the space between them being filled up with the loose earth. For this purpose a width of at least four and a half to five feet will be required. Some manure may also be applied, but the soil should be left exposed to the atmosphere for some time before planting to become pulverised and matured. When on the side of a hill a ditch must be cut on the lower side and a single sod bank formed above, backed by the loose earth ; and upon this bank the hedge must be planted. In dry situations and those subject to drought, as in the case of sandy soils, the plants may be put in on the flat, but a drain on each side should be formed to carry off the surface water. In fact, the bed must be prepared entirely to suit the nature of the district and soil. The bed being ready, the plants will be laid out either in autumn or early spring, as the case may be, about eight or nine inches apart, and planted alternately in two lines, about five or six inches being left' between the lines ; when planted they may be cut off with a sharp knife about two or three inches above the ground, as they will root more freely this way than when left their natural height. This being done they must be kept hoed and free from weeds, especially from grass, as they will make no headway if choked with grass and weeds ; this will give but little trouble if attended to early. If in an exposed situation where sheep or cattle graze a fence must be erected at once, as nothing is more fatal than the bite of sheep and cattle to young hedges. Although the first expense is great it is best where practicable to erect a double fence, the hedge being then secured against all injury. The amount of dung necessary for hedge planting will be about one cubic yard of dung to two hundred yards of hedge Time and mode of planting. Protection from bite of FENCES. 151 one yard wide. It is as well not to apply it directly to CHAP. V. the young plants. Therefore, where practicable a crop of Their some kind, say potatoes or carrots, maybe grown in the Varieties mid first instance upon the bed. The result of this course often Management. is to bring down the expense to cost of plants and planting only. The treatment of old quick hedges is important, as no Management matter how old these plants may be, if there are plenty of h e them, a good fence may soon be made. Quicks or thorns will bear any amount of cutting; in fact, the more they are cut the better they thrive, and this fact may be borne in mind in all treatment of these hedges. Where practicable the hedge maybe cut down close to the ground, when the after treatment of the young shoots will be similar to that of a newly-planted hedge. When, however, the hedge forms the fence of pastures where cattle or sheep graze, this cannot be done without the erection of a dead fence, which at once makes the operation an expensive one. The necessity for such an erection can be overcome in the following way : Let the hedge be cut down to fence height, and one side only be cut or ' ' brushed " that season, leaving the side where the cattle range untouched. The old growth which remains uncut forms a blind on that side, and prevents, to a great extent, injury from cattle forcing their way through as they would do were both sides trimmed at once. When this is done let all gaps be substantially filled with stumps and rails. In the summer let the first 'cut side, which will have made vigorous growth be trimmed, and in the following winter treat the other side in the same way as the first. Thus, in two years you have a well- grown and symme- trical hedge better probably than if newly planted. It must be remembered that new hedges will not grow where old ones have failed, without the earth being taken out and replaced by fresh; therefore, in filling gaps, a trench must be dug out and fresh earth put in before plant- ing the hollies and other plants; which should be of vigorous growth. 152 ESTATE MANAGEMENT. CHAP. V. Sect. 1. Their Varieties and General Management. Grabbing Trimming Cost of trimming. Practical hints as to hedges generally. When fences have been neglected it often answers to grub them up, especially in situations where shelter is not re- quired. Grubbing is often a less expensive process than the first. The expense will depend of course upon the size of the wood, and the amount of earth upon the bank to be removed, and will vary from 2d. to bd. per lineal yard. A clause should be inserted in all leases and agreements that hedges should be trimmed twice a year, once in winter and once in summer; a neat appearance is thus secured at all seasons. It answers also to do this from a pecuniary point of view, as it is the cutting of old wood that adds so much to both labour and cost. By this plan the undergrowth is also cut and the seeding of thistles, docks and other weeds prevented. The trimmings should always be burnt, as seeds are thus destroyed. Hedges may be trimmed in summer or winter, for a sum varying under circumstances from \d. to 2d. per rod. Upon home-farms the hedges should be cut and attended to by the bailiff whenever possible ; but all planting and reclaiming of old fences should be placed in the hands of the forester; the farm, if desired, being debited with the amount of labour. Upon every estate there should be a well stocked nursery, where, amongst other plants, should be a constant supply of thorn and other hedge plants. The propagation however will be dwelt upon under the des- cription of the several plants. When preparing the trench for reception of the plants, see that the whole length is as nearly as possible of equal quality to insure regularity of growth. A compost of dung and earth is better as a dressing than dung alone ; road scrapings also are useful for the purpose. When planting select plants as much as possible of equal size and strength, keep clear of weeds, and hoe regularly for the first two years. Do not trim for two years, but keep overgrown shoots cut back. When trimming for the first time do not cut the bottom too close. Leave three or four inches each year of new growth. Look well to the bottom, the top will FENCES. 153 take care of itself. Fill gaps the first year with new CHAP. V. thorn plants, afterwards with hollies, putting in a few shovelfuls of new earth with each plant. Protect the Varieties and gaps with stumps and a rail ; do not force in bushes. Management. Cut with an upward stroke. Keep water courses clear. If these matters are strictly attended to, a good fence will be the satisfactory result. Before passing on to consider the plants suitable for quick Dead fences fences, a few words will not be out of place on temporary inds. r or " dead " fences. These consist generally of material found in the district. In some localities, for example, in the oolitic formations we have stone, and here stone walls are the characteristic feature of the landscape. Again in heath and moor land, fences are formed of sods ; in copse districts of rods ; in woodlands of timber ; and on marshes and swamps of water-courses ; and so on. Rail- ways have however, brought all material so within our reach, that we are now able to erect fences according to fancy. The kinds of fences we will consider are post and rail, park paling, rod or bush fences, wire, continuous iron, and walls. Post and rail fences may be of larch or of oak, or of Post and larch and oak, according to what the estate is best able to produce. The fence is stronger and more durable when the posts are large enough to admit of mortising. The posts should be 8ft. Gin. apart, and a stump should be driven in and nailed to the rails in the centre of each panel. The fence may consist of three or four rails, but the latter number is recommended except under exceptional circum- stances. The posts should be, if possible, of hard wood. They are generally Gin. by 3in. at the top, and from 5|ft. to 6|ft. long. The rails should be 9ft. 6in. long for a panel 8^ft. in length to admit of lap, and they may be inserted in the mortise either lapping top or bottom by an angular cut of about 45, or side by side, with a lateral 154 ESTATE MANAGEMENT. CHAP. V. cut; the latter plan is perhaps the best. If of larch, they S Their' are cut ^ at an( * a b ut 5in. wide by l|in. to l|in. thick, Varieties and according to the length of the panel, and the purpose of Management, fence. Oak rails are generally cut in a triangular form about 5in. wide by 3|in. or 4in. at the sides. The posts should be dipped in tar at the butts, and the tar burnt off, charring the wood to a certain extent ; this should be done where soil and air meet, for it is at this point that decay first sets in. The whole may be tarred, but it is unnecessary for durability ; if, however, it is done, let it be a year after the fence has been erected, otherwise decay sets in earlier than if left untarred, as the natural moisture of the wood is unable to escape. This remark also applies to buildings of timber where paint or tar is applied. The tan-ing should also be done in dry weather. Cost. The cost of such a fence will depend to a great extent upon the distance of carriage of material, and whether sawn by steam or hand, but may be stated at Is. to Is. 6d. per yard of four rails. So that the expense of such a fence is con- siderable, but it seldom fails to give satisfaction. Park palings. Another and more important kind of fence is what is known as park paling. This consists of oak throughout. The posts are from 7ft. to 8ft. long, large in the butt, being- generally cut from small trees. These are sunk fully 2|ft. in the ground and well rammed when possible with chalk. They are mortised for three rails, one at the top, one in the middle, and one at the bottom, about l^ft. from the ground. The rails are cut triangularly as before stated. At the bottom of all is a foot board from lOin. to 12in. wide, and 2in. thick, dovetailed into the posts. Upon these rails split oak pales about 5in. or Gin. wide, and Jin. or ^in. thick are nailed, slightly overlapping each other. It is a most complete fence and very durable, but very Cost. expensive. The cost may be reckoned at from 8s. to 106?. per lineal yard. The nails used for the pales should be corrugated, the ordinary nails being liable to rust. Scotch fence. Another kind is the " Scotch fence." This consists FENCES. 155 mostly of larch, no other kind of tree being so suitable. CHAP. V. The uprights should be not less than 2in., and not more than 3iin. in diameter, being in fact the first thinnings of Varieties an General a larch plantation. They are cut into lengths of 5ft. or 6ft., Management. and pointed top and bottom, and driven into the ground l^ft., about Gin. or Sin. apart. Upon the top of these is placed a rail, bored with auger holes to match the uprights, a nail being driven here and there to prevent its being lifted off. It has the advantage of being difficult to climb, especially when tenter hooks are driven into the top rail ; it is also neat, but for durability is not to be recommended, as the stumps being young, and all inserted in the ground, soon decay. In the vicinity of plantations it may be fairly cheap ; but if there be a demand of the suitable material for hop-poles, it will be too expensive for general adoption. Its average cost may be placed at from Is. Qd. to 2s. per yard. There are other varieties of timber fencing, as open other kinds paling for gardens, diagonal larch, for the same purpose, v and the simple stump and rail fence in which the stumps being driven and the rails simply nailed. These all vary in expense, but may be calculated at from 6d. to Is. per lineal yard. We have also fences of a still more temporary kind, namely rod, wattle or basket fences, which are made from hazel rods with uprights of the same material, but some- what larger in size, driven in about every 15 inches. The rods, split or not as preferred, are interwoven through the up- rights. This kind of fence, however, will last but a short time, and consequently is not economical. It is useful for purposes where shelter is required, and may be therefore recommended for nurseries and young plantations ; but it cannot be depended upon, for a period exceeding two years, when more than ordinary pressure is put upon it. Next in order is wire ; and this, perhaps, is the cheapest Wire fencing- and most durable of all, especially at the present time when wire, composed of a series of smaller wires and galvanised, is obtainable at so reasonable a figure. It is necessary that 156 ESTATE MANAGEMENT. Management. CHAP. V. the gauge of the top wire be of considerable size, but it Their maybe decreased in the lower strands; this is important, Varieties and ag the cost is then materially reduced. Wire may be strained on iron strainers and uprights, or on wood as preferred. Where wood is plentiful, it is perhaps cheaper, and has this advantage, that where breakages occur, a new stump may be driven in, and the wire stapled on. Immense stress is exerted by the screw used straining the wire, and care must be taken to sink the straining posts deeply, to have them well rammed, and a strong stay placed against them on the inner sides ; if this is neglected a post may be drawn from the ground. Stumps are driven in either before the straining or after, and the wire stapled to them. There are now, however, a number of iron straining posts, all possessing, more or less, merit, which cannot fail to diminish the use of wood. A fence of this character is rapidly put up, and costs about sixpence or ninepence per yard. Another most excellent fence is the continuous iron ; and for appearance and usefulness there is perhaps none better. It may be obtained of any size and height, and costs from 3s. to 4s. a yard. Next, and finally, we come to walla. In certain districts stones abound, as for instance, in soils on the oolitic forma- tion. Here they are of a flat and shaly nature, and well adapted to the purpose of walls ; particularly where, as in many localities, they lie scattered on the surface, and need only collecting. There are men who make this building of walls their principal occupation, and it is to them we must look for success, as a wall built by an inexperienced hand will soon crumble down. The process is to bind the work together at various intervals by whole stones running through the wall. On the top, mortar or mud is placed, and the coping stones laid on, whereupon the wall is com- plete. Such walls suffer a good deal in the hunting season, but otherwise remain, with slight repair, for years. The cost varies of course in different localities, but it may be stated at Is. to Is. Qd. per yard. Continuous iron fence. Walls. FENCES. 157 Sod walls are seldom resorted to in this country, never- OHAP. V. theless in some districts a cheap and durable fence is Their ' procured by such means. In the colonies we have seen Varieties and most complete and durable fences built entirely with sods. Management. The sods are cut with sharp spades, ground on the grind- stone until they have an edge like a knife. The cuts are made with great precision and regularity, and the sods when cut are placed in position by the builder and fit like joiner's work. At the bottom, in order to obtain a base, a space is left between the first few lines of sods, which is filled up with the earth taken from the ditch, and this base must correspond to the height. The cost of such walls is of course for labour only, and may be reckoned about 4d. or 9d. per lineal yard, according to height. It is only, how- ever, where sods can be cut that such walls can be profitably built ; on arable land, for instance, it is a matter of impos- sibility, as a turf of some kind is indispensable. These, then, are the most important varieties of fences in use in Great Britain, and will be resorted to in accordance with the material most easily obtainable in each district. We now proceed to enumerate and describe the various plants most suitable for live fences. 158 ESTATE MANAGEMENT. CHAP. V. Sect. 1. Their Varieties and General Management. TABLE FOB CALCULATING THE NUMBER OF PLANTS AT ANY DISTANCE FROM 6lN. TO 3FT. APART, REQUIRED FOR ANY LENGTH OF HEDGE, IN YARDS. DIS- TANCE APART LENGTH OF HEDGE IN YARDS. ft. in. 6 1 6-0000 2 12-0000 3 18-0000 4 24-0000 5 30-0000 6 36-0000 7 42-0000 8 48-0000 9 54-0000 7 5-1429 10-2858 15-4287 20-5716 25-7145 30-8574 36-0000 41-1432 46-2861 8 4-5000 9-0000 13-5000 18-0000 22-5000 27-0000 31-5000 36-0000 40-5000 9 4-0000 8-0000 12-0000 16-0000 20-0000 24-0000 28-0000 32-0000 36-0000 10 3-6000 7-2000 10-8000 14-4000 18-0000 21-6000 25-2000 28-8000 32-4000 11 3-2727 6-5454 9-8181 13-0909 16-3636 19-6363 22-9090 26-1818 <46U 1 3-0000 6-0000 9-0000 12-0000 15-0000 18-0000 21-0000 24-0000 27-0000 1 1 2-7692 5-5384 8-3076 11-0768 13-8960 16-6152 19-3844 22-1538 24-9228 1 2 2-5714 5-1428 7-7142 10-2860 12-8570 15-4284 18-0000 20-5720 ->.; 14-JG 1 3 2-4000 4-8000 7-2000 9-6000 12-0000 14-4000 16-8000 19-2000 21-C.tKK) 1 4 2-2500 4-5000 6-7500 9-0000 11-2500 13-5000 15-7500 18-0000 20-2500 1 5 2-1177 4-2254 6-3531 8-4708 10-5880 12-7062 14-8236 16-9416 19-0593 1 6 2-0000 4-0000 6-0000 8-0000 10-0000 12-0000 14-0000 16-0000 18-0000 1 7 1-8947 3-7894 5-6841 7-5788 !>-47.'i"> 11-3602 13-2629 15-1576 17-0523 1 8 1-8000 3-6000 5-4000 7-2000 9-0000 10-8000 12-6000 14-4000 16-2000 1 9 1-7143 3-4286 5-1429 6-8572 8-5715 10-2858 12-0000 13-7144 15-4287 1 10 1-6363 3-2727 4-8080 6-5454 8-1818 fl-6161 11-4545 13-0909 14-4242 1 11 1-5652 3-1304 4-6956 6-2608 7-8760 9-3912 10-9564 12-5216 14-0868 2 1-5000 3-0000 4-5000 6-0000 7-5000 9-0000 10-5000 12-0000 13-5000 2 1 1-4400 2-8800 4-3200 5-7600 7-2000 8-6400 10-0800 U-5200 12-9600 2 2 1-3846 2-7692 4-1538 5-5384 6-9230 8-3076 9-6922 11-0768 ]->- C14 2 3 1-3333 2-6666 4-0000 5-3333 6.6666 8-0000 9-3333 10-6666 12-0000 2 4 1-2857 2-5714 3-8571 5-1428 6-4285 7-7142 9-0000 10-2856 11-5733 2 5 1-2414 2-4828 3-7242 4-9656 6-2070 7-4484 8-6898 9-9312 11-1726 2 6 1-2000 2-4000 3-6000 4-8000 6-0000 7-2000 8-4000 9-6000 10-8000 2 7 1-1613 2-3226 3-4839 4-6452 5-8565 6-9678 8-1291 9-2904 10-4517 2 8 1-1250 2-2500 3-3750 4-5000 5-6250 6-7500 7-8750 9-0000 10-1250 2 9 1-0909 2-1818 3-2727 4-3636 54545 6-5454 7-6.363 8-7272 9-8181 2 10 1-0588 2-1177 3-1764 4-2352 5-2940 6-3528 7-4116 8-4704 9.5291 2 11 1-0288 2-0577 3-0866 4-1155 5-1444 6-1733 7-2022 8-2311 9.2600 3 1-0000 2-0000 3-0000 4-0000 5-0000 6-0000 7-0000 8-0000 9-0000 SECTION II. PLANTS SUITABLE FOR EENCES. COMMON THOEN BEECH HORNBEAM HOLLY FURZE. THE COMMON THORN or HAWTHORN (Cratcegus oxyacantha) CHAP. V. is the most universal of our hedge plants, and deservedly plants so. By nature it is a tree, but it is not only one of those Suitable for which bear, but also thrive under repeated cuttings. It bears a pretty and sweet-scented white flower, and blooms C mmon freely in May and June, hence its common name of May. Some proprietors like one plant left at intervals to attain full growth, the rest being trimmed closely. This, when in flower, adds greatly to the beauty of an estate, but it injures the hedge underneath and cannot be recommended. The thorn is better adapted than any other plant for Growth and fencing, owing to its thorny nature, making it, when well m hee cu * wnen comparatively green, and advantage derived by the process. In wheat under these conditions, the skin or bran is thinner, the quantity of flour is greater, and the straw is more valuable. In oats, too, the effect is similar. Oat straw when harvested early is as valuable as fair hay. If left until all is ripe together, much injury ensues, as that that is cut last is altogether over-ripe. The skin is thick and opaque, and the straw woody, and free from nutriment ; the sap has all been expended in ripening the grain. The land, too, has been too fully scourged by this ripening process. Both wheat and oats may be cut when, by pressing the grain between the finger and thumb, the inside is found thick, not milky. They will ripen in the stock or shock, if left long enough. Cost of As much of this should be performed by task work as arves mg. possible. Prices, however, will vary in different districts and in accordance with the quality of the crop. Reaping with sickle may be 12s. or 13s. per acre. Tying behind machine, 4>s. Qd. or 6s. Mowing by hand, 3s. or 4s., and so on. Carting and stacking may even be contracted for, but no contract of this kind should be entered into without the full inspection of the bailiff throughout the process. There is an old saying, that " Grain had better spoil in the field than in the stack," and this is perfectly true. As the corn goes into the stack, so it will come out, no matter how long it remains there. Grain often recovers in the field to a very marked extent, when bad weather gives way to sunshine. As a rule, in bad weather the crops are best left alone, only putting up such sheaves as may have been THE HOME FARM. 193 blown down. By constant removal the whole gets exposed CHAP. vn. T -i , The Home to rain instead or only a portion. Farm. IMPLEMENTS. This is an important item upon all farms, more especially Implements, upon home farms, where expensive machinery is often employed. The amount of money required to set up a farm in a complete set of implements is very great, and no portion of the farmer's capital is so exposed to depreciation, not only from wear and tear, but from the fact of old imple- ments being pushed aside by new methods and patents. Fully 15 to 20 per cent, ought to be deducted each year when the valuations are made. This natural depreciation is often increased and hastened Care of by the carelessness of the bailiff and his men. Expensive Imp ei machinery is left constantly exposed to all weathers. Sun and wet, one as injurious as the other, are allowed to work their will. Elevators especially suffer much from this neglect ; they possess so much surface, lie so exposed, and being very large cannot easily be covered. When not in use they should be drawn at once to a shed or into a barn. Reaping machines, also, are constantly seen, week after week, in the field where last used. It answers to keep implements in constant repair. A coat of paint yearly is money and labour well expended. All repairs should be attended to in their proper seasons. When the wheat is fit to cut or the grass ready for mowing, it is too late to think of sending the machine to be repaired. On estates, all repairs should be, as much as possible, placed in the hands of the clerk of the works, and no machine should be sent away without his sanction. The following sketch is from an engraving that appeared Begistration some time ago in the " Agricultural Gazette," and is inserted cattle - here by the kind permission of the editor. Requiring a method for distinguishing cattle for purposes of registration, we applied for the necessary information to the ever-courteous 194 ESTATE MANAGEMENT. CHAP. VII. The Home Farm. editor of the " Agricultural Gazette," who thereupon published this drawing. The system is that practised at Aylesby, as slightly altered by Mr. Torr from the original system at Wiseton. By adding together the figures represented by each clip, any number up to 99 may be obtained, except 2 and 7 or 20 and 70 ; and to form these a second clip is cut by the side of the 1 and the 10, as shown on the pair of ears below. EAR-MARKING OF CATTLE, FOR PURPOSES OF REGISTRATION. 30 We have found the system an admirable one, and re- commend it to those who have the care of a fine herd of cattle. This matter of registration is better conducted by the steward than by the bailiff, as it requires careful entries and selection. Messrs. Hallifax and Co., of Oxford-street, furnish a very excellent private " Herd Book " for entries, for the sum of 7s. Qd. From this book the forms are filled up for presentation to the secretary of the shorthorn or other herd books. THE HOME FAEM. 195 TOP-DRESSING EXPERIMENTS UPON GRASS LAND. CHAP. vn. A table is given below showing the result of some experi- Farm. mental dressings upon grass land, the object of the experi- Top-dressing ments having been to obtain information concerning the experiments , -, . , . ,._ . f , on grass land, enect, over an extended period, of various artificial and natural manures. The grass land chosen was a naturally poor one upon the Rotherfield estate, in Hampshire. The soil, which was examined by Dr. Voelcker previously to the experiment, was found to contain no lime, except such as remained from a dressing of chalk applied nearly thirty years before. It was a porous clay resting upon the chalk. Care was taken that each plot should be as nearly as possible of the same quality. The manures were applied in the month of January, 1875, this month being considered best for the purpose. The results were carefully noticed when the plots were cut in July, the weight of each being taken as soon as cut. All were cut the same day, no rain or other change occurring during the operation. As will be noticed, these results were rather peculiar. The next year was hot and dry, and the yield of grass was much less than the previous year ; nevertheless, there still remained a marked difference in favour of several of the manured plots. The third year again gave a heavy yield of grass, and still the dressings showed a return, and a return in some degree proportionate to the last. It will be observed that the most effective dressings were Peruvian guano, soluble guano, and farmyard manure. The plots dressed with nitrate of soda exhibited a consider- able increase the first year ; not, however, to such an extent as the guano ; but the following year the effect was not only reduced to a minimum, but in one case to a decrease, show- ing the transient value of the very soluble nitrate. Another very peculiar result is the loss upon the plot dressed with in. bone the first year, and the very slight increase the second and third. o 2 196 ESTATE MANAGEMENT. CHAP. VII. The Home Farm. CQ > PM B -4 W W d t- g 00 l-H 3 CQ O rf? HA O 71 rt fa i 1 r 02 e H W H P 02 W P5 Q J 1 1 73 3 n - - C O W oo P 1 I | " ft" O a 3 "** DO g a *-" pi o 8 ^O a * *" rH CeJi-( rH rHCM IH O I-HC5 XS i-l IN CO CO O 5 I 6 W g Hi "SO O CO e> o o o iH IN IN C co co eft o co o oo ; b- oo o t o IN rH CO CM CM IN e first Ten ( o s '910V IB JO 1 1 J U' ' t ~9UQ JO ?0[d J9(I 5 *- ^^ ** -^ co o O * f~ C^ CM IN C* CJ * Zee IMINOMININ CO rH rH : CO CO CO CD .2 COrHrH :50IN5>O^ e . .5 a = : 1 1 D 03 01 *5 | t Peruvian Guano Soluble Guano . (Soluble Guano . i Sunernhosnhate Superphosphate Nothing ... . Pine Bone Dust . (Superphosphate (Nitrate of Soda. (Superphosphate ^Kainit (Nitrate of Soda. |||:||||:| S^^-^^ N^-, ' N rH -M CO T* L7 CO |^ QO Cft O rH IN :T THE HOME FARM. 197 The table, however, is clear, and open to criticism ; it CHAP. vn shows that in plots 1, 2, and 15 there is a decided residuum left even after three successive cuttings. If this residuum could be arrived at, we should obtain the " unexhausted value '" but this is impossible, because such value is that which remains after each successive trial; we can only, therefore, from the results of the preceding years, come to a conclusion as to the amount of grass attributable each year to the various dressings. With regard to the pecuniary result : if we take, for instance, plot 1, we find Peruvian guano, at a cost of 3Z. per acre, gives an increased yield of 6^ tons of grass in the three years ; say, in rough figures, 1 \ tons of hay, which at 70s. per ton represents 5Z. 5*. as a return for an outlay of 31. , which may be considered a good investment. It is therefore clear that an incoming tenant should pay a sum of money to the outgoing tenant as an equivalent for money so wisely invested. These experiments must not, however, be confounded with similar ones conducted upon arable land, as the results would be widely different. CHAPTER VIII. REPAIRS, BUILDING, AND MATERIAL. REPAIRS GENERALLY CLERK OF THE WORKS NEW ERECTIONS FARM BUILDINGS TANKS COTTAGES MATERIAL TIMBER MINERAL SUBSTANCES UTILITY OF GEOLOGICAL KNOWLEDGE GRANITE SLATES TRAP, OR GREENSTONE SANDSTONE LIMESTONE MALM ROCK CHALK AND LIME SAND MORTAR CEMENT CONCRETE BRICKS AND BRICKMAKINQ TILES. CHAP. vni. THE maintenance of farm and other buildings in such repair Eepairs generally. Clerk of the works. as will enable a full rental to be secured is the first object of all stewards. The wear and tear and natural decay are so great that, on estates of any magnitude, a complete staff of skilled workmen is required. Those men are under the direction of a foreman, himself a skilled mechanic, styled the " clerk of the works." He should be a man of great ability, able, by a complete training, to undertake any- thing relating to building and repairs. To thoroughly fill his position he must have passed through an apprenticeship, both at the bench, the mortar-board, and the draughtsman's table. He will be required to provide plans and elevations with their accompanying specifications and estimates, super- intend the preparation of the various materials, and be methodical and self-reliant. The average annual amount of repairs upon an estate will depend upon the description of the buildings. When they are built of permanent material, the necessary repairs will REPAIRS, BUILDING, AND MATERIAL. 199 be superficial and easily kept pace with ; when, however, CHAP. -.Yin. they consist of wood, thatch, or other perishable material, P*> <* ( the expense will be constant and heavy. So absolutely necessary are repairs, to maintain a regular income from the land, that the matter is recognised in all valuations for purposes of assessment as a subject of deduction. We are of opinion that, when an ordinary staff of workmen New erections, only is kept, they should be occupied entirely in repairs, especially when they are expected to keep farm implements as well as buildings in repair. When the erection of new buildings is necessary, the work should be entrusted to a local builder. The plans, however, and specifications must be drawn up, or at least examined, by the clerk of the works, and the works also, whilst in progress, be under his inspection. When the building is undertaken by the estate staff, repairs often fall into arrears which it is almost impossible to recover. But this is, of course, a matter of judgment, and the course adopted may depend upon the question whether or not repairs are well in hand at the time the new work is projected. We do not intend to detail the various functions of the Farm build- clerk of the works, nor to give plans of farm buildings and mg8 ' cottages. Opinions upon the latter subject differ so widely that it would be almost useless to attempt to express a judgment on the matter within the compass of a few pages. We may, however, point out one or two matters of a general practical bearing in the erection of farm buildings and cottages, which are important, not only in their relation to present occupation, but to future stability. The erection of farm buildings should take place upon sites situated as nearly as possible in the centre of the farm, and in proximity to main roads. The buildings should also be grouped with a due regard not only to economy in the cost of erection, but also to the lessening of the cost of labour in the various branches of farm management. The stores for reception of food, for instance, should be situated in a central position, so that their contents may radiate, as 200 ESTATE MANAGEMENT. CHAP. VIII. it were, to all classes of stock. By this centralisation, labour of every description is minimised. Water supply. There should be a good water supply, and this can always be obtained where there is a sufficient surface of roof. The sup- ply should be collected in tanks near the centre, and not in open ponds, which are exposed to evaporation and waste. If the buildings are upon an extensive scale, a cistern on the top, supplied by a force pump from the main tank, will facilitate the diffusion of water throughout the whole of the buildings. Tanks. being placed horizontally, one end of it points vertically upwards to receive the drainage, and one vertically downwards to discharge it. It is clear that the lower bend of the " S " will be kept continually full of the liquid matter, so that there is never any outlet for the passage of gas. When these cesspools contain only the washings from the sink they need not be very large. They should be lined with cement, as, if loose bricks only are used, which is termed ' ' steaning," the fluid will penetrate through the surrounding soil and be wasted. This is to be avoided, as the substance possesses rich manurial qualities, and should be mixed with soil for use in the garden. The top should be covered with a stone or board, which may be removed for the periodical clearing. Closets should, in our opinion, be removed from the cottage. They may be erected by themselves, or be under the same roof as the woodsheds. The old-fashioned pit is still the best. It should be bricked up, and the entry to it be from the outside. Earth-closets, admirable though they are, are not suited for the use of the cottager they need so much constant care. In those districts where the water supply is obtained from wells, ponds, or rivulets, too great attention to these matters cannot possibly be given. 204 ESTATE MANAGEMENT. CHAP. Repairs, Material. Timber and mineral substances. Utility of geological knowledge. Where closets are allowed to overflow or penetrate through the soil, the poisonous fluid must find its way by degrees to some well or stream, and the fact of its having done so is made manifest by the outbreak of the fatal ft typhus." Tanks, supplied from the roofs of the cottages, yield the purest supply of water, and if these are periodically kept cleaned and lime- washed, the quality of the water is excellent clear, sparkling, and cold. As a rule the roof of an ordinary cottage, slated or tiled (the former is best, as none of the water is absorbed), will supply any reasonable amount of water. The tank may be constructed to hold about 2000 gallons. We now pass on to the question of " Material ; " but, as we have fully considered the subject of timber under that head, we shall dwell only upon such substances as we find in the soil, or mineral substances, viz., Rocks, Limestone, Earth, Gravel, and Sand. We may here remark that a knowledge of geology is a very important branch of estate management. We do not intend to imply that a land steward must be a geologist, but a general knowledge of the nature of the earth's crust may prove very useful to him in its relation to this question of material, and even more so in its bearing upon value ; for it may assist him in forming an estimate of the materials brick-earth, clay, sand, chalk, &c. which are likely to occur beneath the surface of any estate. To understand that it must be so, it is only necessary for him to call to mind the way in which the rocks or sub- stances composing this crust have been formed, and how they have attained their present position. The term " stratum," which is applied to each layer of rock, means that it was " spread," the spreading process having been generally due to the action of water, which has deposited the rock as sediment, and subsequently by the upheaval of the earth's surface or otherwise left the deposit high and dry. This is at least the process by which a large portion of the rocks or substances known to us have been formed, REPAIRS, BUILDING, AND MATERIAL. 205 although the operation has been assisted or modified by CHAP. vm. other agencies, such as heat, volcanic action, and sub- Repa/irs ' $ Cf terranean chemical changes. For instance, there are rocks, like granite, in which we can now trace no process of stratification, the whole mass appearing to have been fused together by the combined effect of heat and pressure. There are others, such as the slates, as to which it seems that they were originally stratified rocks, but that their original texture was modified after they were deposited by the effect of subterranean heat. Stratification, however, or the existence of matter in layers, is one leading characteristic of the earth's crust. But, inasmuch as these layers, as due to the action of water, must have been originally deposited horizontally one above another, the existing form of the rocks upon the earth's surface (tipped and tilted as they are in all directions) has to be accounted for by the fact that they have at various times been subjected to an alteration of level by the action of subterranean heat, and dis- turbance by volcanic agency, whole masses of horizontal strata having been upheaved, and thus exposing their broken edges, just as a book might be tilted and display the edges of its leaves. If it were not for this process of upheaval, we should know nothing of the existence of those rocks which were primarily formed, for we never could have reached them by digging; consequently our know- ledge of the nature of the earth's crust would have extended only to those few strata most recently deposited, such as gravel and similar alluvial deposits. But the changes that have taken place have so exposed to view the different kinds of rocks, that geologists, by observations at different places upon the earth's surface, have been able to write a complete history of the rocks and of the time and mode of their formation ; and knowledge similarly obtained tells miners of the order in which the several rocks or substances occur, so that they are never working in the dark. Having regard to these considerations it may be well to General remarks. 206 ESTATE MANAGEMENT. CHAP. VIII. indicate, as briefly as may be, the geological formation of Repairs, $c. fa esQ i 8 i an( j s j us t remarking that Great Britain and Ireland offer to our observation a wonderful epitome of geological phenomena. The rocks of igneous formation which have been pro- truded through the earth's crust, and have been the means of upheaving and raising to various angles the stratified rocks above them, are the granite, greenstone, porphyry, &c. of Cornwall, the Channel Islands, and more extensively of Scotland, the sienite of the Malvern Hills, and Mount Sorrel, near Leicester, the serpentine of Cornwall, and the basalt of Scotland, the North of Ireland, and of the Rowley Hills near Birmingham, where it has burst through the rocks of the coal formation, and risen into a group of small conical hills. These few localities will furnish some of the most striking illustrations of this important fact. But it is with the stratified rocks that we are most concerned ; we will therefore endeavour to set them clearly before the reader in a tabular form before entering upon certain geological and practical remarks. Tertiary Deposits. English Crag, shelly, and sandy strata occupying the eastern part of Norfolk, Suffolk, and Essex, in which are the coprolite diggings. London Clay, on which rest the Bagshot sands and clays. In England these consist chiefly of stiff blue clay, and cover the chalk from North Hants, by Reading and London, to the county of Norfolk, and compose what is called the "London basin." Another portion of these deposits covers the chalk of South Hants and the northern part of the Isle of Wight, and extends along the coast from near Dor- chester to Brighton, and is called the " Hampshire basin." The Plastic Clay and sand of Woolwich, Reading, &c., extend more widely from beneath the London clay, filling in deep excavations in the chalk, and partially overlying its surface. This is mostly a red clay. Secondary Deposits. ^he Chalk and Greensand together form the Cretaceous System or Group. 1. The Chalk is divided into The Upper Chalk with flints. The Lower without flints. REPAIRS, BUILDING, AND MATERIAL. 207 The Gray Chalk and Chalk Marl. CHAP. VUL These beds are almost entirely a pure carbonate of lime. Repcuvra, $c. 2. Upper Greensand. Marly stone and sand with green particles chloritic marl, and layers of green calcareous sandstone. 3. Gault. Stiff blue clay, always separating the Upper from the Lower Greensand. 4. Lower Greensand, consists of grey, yellow, and green sands, red ferruginous sands, and sandstones (which latter predominate), silicious limestones, &c. The greensand beds follow the chalk of the North Downs, from near Alton to Folkestone, and that of the South Downs from the same point to Beachey Head. It also extends from Dorsetshire in a north-easterly direction into the north-east of Yorkshire with little interruption. The Weaklen Group of deposits consists of 1. The Weald clay and 2. The Hastings sand, occupying the central parts of Kent, Surrey, and Sussex. 3. The Purbeck Beds. Various limestones and marls of the Isle of Purbeck. The Oolite Group 1. Upper or Portland Oolite. Coarse shelly, fine-grained, and compact limestones. 2. Kimmeridge Clay. Blue and yellowish slaty clay, containing gypsum, and lignite, called Kimmeridge coal. 3. Middle Oolite, Coral Rag, or Coralline Oolite. Shelly freestones, coarse limestone full of corals, yellow sands, &c. Oxfordshire, Berkshire, Calne and Steeple Ashton, Wilts, Somersetshire, and Yorkshire. 4. Oxford Clay. Dark blue clay with septaria and gypsum. Somersetshire, and Dorsetshire into Yorkshire. Lower Oolite, composed of the following beds, viz. 5. Cornbrash. 6. Forest Marble. 7. Great or Bath Oolite. 8. Fuller's Earth. Near Bath, &c. 9. Inferior Oolite. Cotteswold Hills, Dundry Hill, near Bristol. The Lias Group. 1. Blue Lias. Shale and sandy marl stone, blue, white and yellow earthy limestone, in beds interstratified with clay. Dorsetshire, Somersetshire, Yorkshire, north of Ireland, &c. 2. Northamptonshire Sandstones. New Red Sandstone, or variegated sandstone. Red, white, blue, and green argillaceous sandstones often micaceous, and containing gypsum and rock salt. Nottinghamshire, York- shire, &c., and extensively overlying the coal formation. 208 ESTATE MANAGEMENT. CHAP. VIII. Magnesian Limestone. Repairs, $c. j M.&T\ slate, variegated marls, yellow magnesia limestone, flexible sandstone. Nottinghamshire, north-east to Durham. 2. Red Conglomerate. Exeter. The Carboniferous Group. 1. The Coal Formation, or Coal Measures. Sandstones, conglo- merates, clays, ironstone, shales, and limestones, interstratified with beds of coal. Centre and North of England, South Wales, and southern part of Scotland. 2. Mountain Limestone, or Carboniferous Limestone. The upper part millstone grit, compact crystalline limestone. Devonshire, Mendip Hills, Derbyshire, extending north into Scotland, and widely developed in Ireland. It abounds in lead ore in North of England, and alternates with coal measures ia Scotland. 3. Old Red Sandstone. Coarse and fine silicious sandstones, and con- glomerates of various colours red predominating extensive in Shropshire and Herefordshire, Devonshire, Brecknock, Dumfries, Forfar, and other localities in Scotland. The Silurian Group of rocks present a great variety of argillaceous limestones, coralline and shelly limestone, sandy and argillaceous shales, micaceous sandstone, calcareous flags, &c. Many of the beds abound in fossils. These rocks occur in Shropshire, Herefordshire, Worcestershire, Gloucestershire, Radnor, Carmar- then, Denbighshire, &c. Beneath these we come to the lowermost stratified rocks viz., the clay slates of Wales and Cumberland, the slates, mica slates, and gneiss of Scotland, the latter, largely developed in the Grampian range, are highly metamor- phosed by the heat of the subjacent igneous rocks. Now, with this general view of the strata as presented to us in our islands, we may clearly see the source of the wealth of material which is always within our reach for building and other economic purposes, and of the wealth derivable from the variety of soils produced by the decom- position and mixture of so many strata of varying chemical and mechanical characters. We will now enter into some details respecting the nature and economic uses of some of the natural produc- tions above enumerated, beginning with the lowermost, and working upwards. Granite. Granite consists of quartz, felspar, and mica, crystal- REPAIRS, BUILDING, AND MATERIAL. 209 lised together in the act of slowly cooling. When these CHAP. Vin. substances are equally distributed, and form a fine-grained _Z' granite it is best for dressing purposes. We obtain our chief supply from Cornwall and Scotland ; but the Channel Islands yield a great variety of fine-grained granites, many of them of delicate colours. Sienite resembles granite, but its third ingredient is Sienite. hornblende instead of mica. The sienite of Mount Sorrell is much used in its district, at Leicester, for instance, both for building and paving. There is a large class of igneous rocks grouped under the Trap rocks, term of Trap. They may be broadly stated to have been submarine land streams. In some places they occur in tabular masses or platforms at different heights, so as to form on the sides of hills a succession of terraces or steps, and thus called " trap " from " trappa," Swedish for a flight of steps. The chief of these rocks are those called basalt and greenstone. The former is of a black colour, hard and fine grained, but easily broken some of it is coarser grained, or vesicular, like many more modern lavas. Basalt rocks often have a columnar structure, as is well seen in Fingal's Cave, Staffa, and the Giant's Causeway, and the basaltic cliffs of the North of Ireland. Greenstone consists of hornblende and felspar, and is Greenstone, either crystallised like granite, distinctly exhibiting the two ingredients, or these are more intimately blended, when the stone is of a greener colour. Greenstone is a hard and durable rock, tougher, or more difficult to break, than granite. It is often used for kerb-stones, and much of it is conveyed great distances to be broken up for metaling roads ; otherwise its use is for the most part confined to the districts in which it occurs. The slate rock is called clay slate, in consequence of Slate, argillaceous earth, the base of all clays, entering largely into its composition. It is a stratified rock, but the lines indicating this fact are in a great measure obliterated by the action of heat. It derives its greatest value from the p 210 ESTATE MANAGEMENT. CHAP. Vin. peculiarity of its structure admitting of its being cleaved Sandstone. Testing of sandstones. laminae. The lines of cleavage do not correspond with those of stratification, but stand in regard to them at varying angles. The best slates are obtained from Carnar- vonshire > but useful ones are found in Westmoreland and Ireland. The slabs are taken from the quarry, split with iron wedges, and trimmed with knives. Slates are cut to various sizes, and are distinguished by various names as Imperials, Duchesses, Rags, Queens, Countesses and others. They will of course be selected in accordance with the purposes for which they are required, and the cost may be estimated at from thirty to fifty shillings per square. Passing from the igneous and primary to the ordinary stratified formations or secondary rocks, we must endeavour to generalise our remarks as much as possible, or we shall be led into a larger geological essay than would be suitable for the present work. To begin with sandstones. Sandstone consists of siliceous grains, or sand, naturally cemented together by a base of silex, argillaceous earth, carbonate of lime, or iron, and are thence called siliceous, argillaceous, calcareous, or ferruginous sandstones. From this circumstance and others affecting the quantity and nature of the base, they differ in character from a hard rock, to one which can be readily broken up in the hand. The sand is often destitute of base and has no cohesion. It may be seen from this that the durability and other qualities of sandstone must vary considerably. Before using sandstone, the character of which is not well known, it may be tested by weighing a mass when dry, and again after immersion in water. If the weight is much increased by the absorption of water it cannot be considered a good material. The best sandstone known in use for building is that universally used in Edinburgh for architectural pur- poses. It is a fine white freestone belonging to the rocks of the coal formation, and is obtained from Craigleith quarry in the neighbourhood of the city. The common York paving stone also belongs to that formation, and also REPAIRS, BUILDING, AND MATERIAL. 211 the hard Pennant sandstone of Gloucestershire and South CHAP. vm. Wales. Many other kinds are used, more or less locally, derived from the Silurians, old red sandstone the new red, used much at Liverpool, the Hastings sand, the green sand, lower and upper the latter largely quarried at Ventnor and Shanklin. Escaping from beneath the chalk surround- ing the Weald of Hants, Sussex, and Kent, is a grey variety of sandstone called firestone, belonging to the upper green sand. It is soft and readily worked, but is very durable ; so little affected by the weather, that in some old monastic buildings the tool marks can still be distinguished. The limestone rocks perhaps possess more interest than Limestones, any others, as they exhibit to us most remarkably the records of life in the early ages of the world. Some of them are almost entirely built up by the remains of corals, encrinites, and shells ; indeed their very existence appears to have depended upon animal life. They are all a more or less pure carbonate of lime, and may be converted by heat into the state of quick or caustic lime for building and agricultural purposes. These formations provide the building materials which will, more frequently than any other, come under the notice of the land steward. Under the present head we shall allude to them only as building stone, and shall consider them in their aspect of lime when we come to speak of mortar arid cements. From the Silurian group of formations, and the mountain limestone beds are obtained some of the most durable building stone, hard enough to make good roads. They yield also black and variously coloured marbles. Marble is Marbles, the term applied to limestones which have been brought to a more or less crystalline state by the action of subterranean heat under pressure, and capable of taking a high polish. Even so soft a limestone as chalk may be seen in the north of Ireland in contact with basalt rendered quite hard and brittle, though not visibly crystallized. Many beautiful marbles of similar age to the above are obtained in Ireland. p2 212 ESTATE MANAGEMENT. CHAP. VIII. Repairs, fyc. Adhesive and absorbent powers of limestones. Freestone. Dolomite or magnesian limestone. Oolites. Some of them are perfectly black and contain shells and corals which are of a pure white ; others are green, yellow, brown, dove- coloured, &c. It is a great pity these marbles are not brought more into use. All limestones consist of carbonate of lime ; the various impurities they contain giving the various colours which we meet with amongst them. The value of limestones used for building is determined by reference to their adhesive and absorbent powers. When required for buildings of importance the various kinds procurable should be thoroughly tested. This is done by immersion of small blocks in water to ascertain their absorbent power, as stated in speaking of sandstones, and also by determining the force necessary to crush blocks, say cubes of two inches. The action of frost we may pre- sume must be greatest on the most absorbent specimens. But it would be, perhaps, impossible to determine the amount of chemical action exerted by the atmosphere. We get some illustration of this by contrasting the climatic in- fluences of Egypt and London. We would here allude to the term freestone. It appears to be usually applied to the softer limestones, but we are disposed to use it as a general technical term applicable to all building stones which are soft enough to be readily squared for use, and not as possessing any geological significance. Passing to the stratified rocks above the coal measures, we find the dolomite or magnesian limestone, between them and the new red sandstone. This formation yields a valuable building stone. Above the new red we have the argillaceous limestones, and the clays of the blue lias system which do not provide us with building materials of special or general importance. The lias rocks are generally regarded as the base of the next great range of deposits that of the oolites. These constitute an extensive series of strata, geologically most interesting and economically important. The term REPAIRS, BUILDING, AND MATERIAL. 213 oolite, or stone-egg, is applied to the limestones of this CHAP. vm. series from their prevailing character being, that they are IJ "J^_ ' made up by a multitude of minute spherical concretions resembling the roe of a fish and sometimes called roe- stone. This peculiarity is strongly marked in some strata, but obscurely in others. Sometimes the concretions are so large that the stone is called pisolite or pea- stone. This formation occurs in England on a line extending from the Island of Portland to Whitby on the Yorkshire coast. This whole series of limestones, with a few accompanying subordinate beds (see tabular view), are separated one from another by two principal intervening beds of clay, each several hundred feet thick. The entire group based upon the lias clays the lower oolites are separated from the middle by the Oxford clay, and the middle from the upper by the Kimmeridge clay. The great or Bath oolite, and the upper or Portland oolite, as is well known, yield the finest freestones England produces as pre-eminent amongst limestones, as the produce of the Craigleith quarry near Edinburgh is amongst sandstones. Immediately above the Portland oolite commences the "Wealden. wealden formation, so called from one of its chief members occupying the Weald of Kent. It begins with the lime- stones and marls of Purbeck Island. The limestone is the well-known Purbeck stone, some of which, in its upper beds, is called Purbeck marble, and is full of small fresh- water shells. The middle portion is the Hastings sand, consisting of soft yellow sandstone and beds of hard shelly limestone. The upper portion is the Weald Clay. This last contains beds of hard limestone, full of potamides a species of freshwater mollusk. This substance called Petworth and Sussex or Petworth marble and the Purbeck marble were both formerly much used the former for monumental purposes, the latter in the construction of the small dark- coloured columns in clustered Gothic architecture. Above the [wealden commences the cretaceous system, consisting of the greensand and chalk formations. The 214 ESTATE MANAGEMENT. CHAP. VIII. Repairs, f*. Malm rock, Chalk. Plinta. former has been alluded to under the head of sandstones, ^ we mav ^ ere remar k further on the grey sandstone or fire stone, that with other marly and argillaceous beds- it constitutes a peculiar development of the upper green- sand in East Hants and Sussex, called the malm rock. It has no green bed except one of chloritic marl, from about five to ten feet thick, in contact with the chalk marl above it. Some of the upper beds consist of a hard blue argillaceous rock, combined with silex, but with little or no lime. It is a capital building stone, but not easily worked, and, besides for building walls, it is used for lining lime kilns, in which case it is often glazed by the melting of the silex. The grey sandstone beds are called fire- stone, because it is used for hearth stones, and for flooring ovens. (See Gil. White's Natural History of Selborne; Letter 4. Bell's edition.) With the Chalk we come to the end of the secondary strata. Like all other limestones, it is an almost pure carbonate of lime. It is of great extent, occupying a line of country from the Isle of Wight and the Dorsetshire coast to Flamborough Head, often rising into high sheep downs. A large portion of it is concealed by the tertiary beds of clay and sand of the London and Hampshire basins. It is more used for dressing land either burnt into lime or not, and for the manufacture of lime for building or agri- cultural purposes, than it is as a building stone. It is, however, employed to a small extent for building barns, stables, and other erections on a farm, care being taken to place the stone in the position it occupied in the pit, i.e., keeping the natural bedding planes in their original horizontal position. The bottom of the lower or grey chalk makes good hydraulic lime. The flints of the upper chalk are used both for building and road making. When faced, they make a beautiful wall. The church at Westmeon, in Hampshire, is a very striking piece of flint work, being constructed entirely of faced and squared flints. But this work is very costly. REPAIRS, BUILDING, AND MATERIAL. 215 For ordinary erections they are used in the rough state, CHAP. vnL and form dry and pretty walls. Broken flint makes a KepMT8 ' * c - better concrete than rounded gravel. The tertiary formations in England rest entirely on the Tertiary chalk. They occupy two large areas called the London and the Hampshire basins. (See the tabular view.) The plastic clay and sand lie immediately on the chalk, The plastic and fill up deep pits and fissures in its surface. In Hamp- ya shire, and parts of other counties, this clay in the form of a red brick earth partially, and in varying depth, according to the inequalities of the surface it rests upon, overlies the chalk far beyond the limits of the London clay above. The clay is too sandy, and makes rather porous bricks. The London clay and the Bagshot beds above it are London day of great thickness. They yield brick earth and much of a the septaria from which Roman cement is made. Cement Septaria. stone is also dredged from the sea off Bognor and Harwich. The Bagshot Sands are beautifully exposed in the cliffs and chines of Bournemouth and Boscomb. Above the tertiary beds already spoken of, we have, in the Isle of Wight, a number of others, extremely interest- ing to the geologist, consisting of marls, limestones, and clays, and presenting alternations of marine and freshwater deposits. Amongst these, almost the only building material is a freshwater limestone, not much used far from the Freshwater localities where it is quarried. The best known quarry is at Binsted, near Eyde. It was, to some extent, employed in the erection of Chichester Cathedral, but it cannot be considered as a good building material. It consists of a mass of shell, not well cemented together by the calcareous matrix. It may not be out of place to mention here that the siliceous French millstones are obtained from the tertiary strata of the Paris basin, and also the gypsum from which Gypsum. the plaster named plaster of Paris, from that circumstance, was originally made. All the formations above the chalk we have now spoken 216 ESTATE MANAGEMENT. CHAP. VIII. Repairs, $c. Quick or caustic lime. Cements. Lime-burning kilns. Cost. of are the eocene or older tertiaries. The miocene, less re- cent, or middle tertiaries are scarcely to be distinguished in this country. The pliocene, or more recent, are only repre- sented in England by the crag. Finally the term pleisto- cene, newer pliocene, or most recent, embraces the superficial beds of gravel, clay, and sand, in which are found the bones and teeth of living species of terrestrial mammalia deposi- tions of lime still in operation, as the formation of Travertine (the building stone of Rome), the production of calcareous tufa as in Derbyshire, by the action of what are called petrifying springs, and the lining and filling up of caverns with stalactite the growth of coral, and the formations by recent volcanic action. After these general remarks on the building stones derived from the rock formations of this country, we will enter into a few practical details respecting methods employed for utilising some of these natural products chiefly in relation to those which are used for making mortar, bricks, and cements. We may first observe that all limestones when burnt in kilns loose the water which they contain, and also one of their essential elements, namely, the carbonic acid. This changes the stone from a carbonate to the " quick " or caustic condition of pure lime or oxide of calcium. Some limestones, for instance, those of the lias formation, contain a proportion of argillaceous earth, and consequently produce lime all the more valuable in the manufacture of cements. Lime differs much in quality those that increase in bulk on application of water are called " fat limes," those which do not are called " poor " or " meagre " limes. The former are most useful for mortar, the latter for cements. Lime is burnt in kilns, and when this is done on the estate the " flare " kiln is generally used. This class of kiln has the economical advantage of being adapted to the employment as fuel of wood, hedge trimmings, heath, or any combustible refuse. Lime is generally burnt by the "kiln," the price, of REPAIRS, BUILDING, AND MATERIAL. 217 course, depending on the size of the kiln but, including CHAP. VHI. the digging of the chalk, filling, and burning, it will run Repa ^> $ c - from 21s. The process of filling a flare-kiln requires considerable Filling, skill. A ledge of brickwork at the bottom of the wall of the kiln is arranged on which to build up a chalk dome. Upon this is thrown the whole mass of chalk, and below it is placed the fire. When burnt the lime is taken out from the furnace hole. Well-burnt lime should come out very much in Object of appearance as it goes in, but in the " quick " or caustic l state. The object of course of the operation is to drive off by heat the carbonic acid and water, for lime in the form of a carbonate is useless for mortar. When burnt it becomes, as before observed, an oxide of calcium which has a powerful affinity for water. When water is added to it it becomes a hydrate of lime, and great heat is evolved by so much of the water entering the solid state and parting with its caloric of fluidity. Whilst the lime is hot from the process Use of sand of slacking a certain proportion of sand is mixed with it and mortar - a silicate of lime is formed. The particles of sand act as nuclei around which the carbonate and silicate of lime can crystalize. It is, however, better to purchase lime for mortar; and not Keeping of too much at once, for if kept long it becomes " dead," i.e., e ' slacked by the slow absorption of water from the atmosphere. If any quantity, however, is kept, it must, to secure its properties, be well covered with sods. It should never be kept in wooden sheds, or near straw, as, if it becomes damp, great heat is generated, and there is conse- quently danger of fire. The sand used for making mortar must be either pit or Sand, river sand. Sea sand contains salt which renders it unfit for mortar. A mixture of coarse and fine sand is better than sand of an equal degree of fineness. The chalk formation contains " bags " of sand of the plastic clay formation ; but as a rule this sand is so mixed 218 ESTATE MANAGEMENT. CHAP. VET. with loam and clay as to render it unfit for anything but Repairs, $c. rou ^ wor k :> Sand in itself is not an expensive substance, but it is heavy, and the carriage is both costly and damaging to tackle. Large beds are found in many formations, often red and white lying close together. The lower green sand formation contains a large quantity of both coarse and fine. Mortar. Consists of two and a half of sand to one of lime. The lime must be fresh. A circle of sand is formed and the lumps of lime placed within, these are then slacked and all is worked up together. Cements. As already stated, limes are classed as " fat " and " poor," and it is the latter only that, when mixed with silica, alumina, and magnesia, have the power of hardening under water. These are called hydraulic mortars or cements. There are many kinds of cement Smeaton's as used at the Eddystone Lighthouse, was composed of equal parts of Aberthaw or lias lime in the state of hydrate in fine powder and pozzuolana, also in powder, well beaten together. Pozzuolana is a vulcanite concrete thrown up from Vesuvius ; named from the town where it was discovered. An artificial pozzuolana is prepared by burning clay. The facing of the London -Docks was cemented with the following mixture, viz. : four parts of lias lime, six of river sand, one of calcined limestone, and one of pozzuolana. A good cement may be formed by adding two and a half parts of burnt clay to one of blue lias lime, thoroughly pulverised and mixed. Roman This celebrated cement, the use of which has been to a cement. great extent superseded by others, is made by burning spheroidal masses called septaria. They consist of lime and clay, with a small percentage of iron, and are found in the London and Bagshot clays, in the lias clays, and some others. Much of it is dredged off the coast at Bognor and Harwich, where the London clay passes under the sea. REPAIRS, BUILDING, AND MATERIAL. 219 Plaster of Paris is made from gypsum, which is a sul- CHAP. vm. phate of lime. This beautiful mineral is baked with Re P>,tc- sufficient heat to expel its water of crystallisation, which P la * ter of treatment renders it opaque. It is then ground to a fine powder. It is a cement which hardens rapidly, so as to render it necessary to mix it for use in very small quantities at a time. It is only fitted, however, for stucco work, as if exposed it absorbs moisture and cracks. It is used for the erection of. marble mantel-pieces, cornice work, and mould- ings. A cement for filling in cracks in iron boilers is made by mixing iron filings with clay and oil. Portland cement is the most common now in use. It is Portland manufactured in several parts of England, but chiefly on ** the banks of the Thames and Medway. It is made prin- cipally from the river mud. The ingredients are about two and a half parts of mud to one part of chalk, obtained from the same geological formation. The ingredients are brought to a finely pulverised state by passing through rollers and with water, and are then allowed to deposit, after which they are dessicated and burnt, and immediately placed in wooden casks and fastened down, when they are ready for use. Concretes are principally used in foundations, but may Concretes, be also used for walls. When this is the case, however, the tops must be well protected by coping, or the wet will penetrate, and when frosts set in the wall will crumble away by expansion. Concrete is composed of lime finely pul- verised (not slacked), gravel, or broken stones, and sand. Broken flints or other stones are better than rounded gravel. The materials must be mixed near the spot where they are to be used, and mixed quickly, as they rapidly set. The proportion of the materials differ, but five parts of stone and sand to one of lime is often used. The sand and lime (or cement if used) must be first thoroughly mixed, and then mixed well with the stones whilst dry. A little water is then added, and the whole worked up with shovels into the consistency of mortar, and then quickly applied. The 220 ESTATE MANAGEMENT. CHAP. VIII. mass, when first mixed, decreases in bulk, but it rapidly EepoM-s, #c. j ncreases ^ or swe lls, and this to a marked degree. Concrete is valuable as a foundation on account of damp being unable to rise through it ; a damp course of slates, nevertheless, above the ground line is very advisable. Where slates, however, are not at hand, a coat of tar over the concrete will be found useful. Bricks. Whenever bricks can be made upon the estate a great saving is effected. No matter what stone or other building material is procurable, bricks, to some extent, are indis- pensable. Brick-earth is not, however, to be found upon every estate ; when found, therefore, it considerably enhances the capital and rental value. The best brick-earth is that consisting of pure clay and sharp sand, free from stones. When clay preponderates sand must be added, and when the clay is too tenacious some of the top soil may be added, but this makes an inferior brick. To find brick-earth, an auger will be found very useful, as the use of it saves a great deal of heavy digging. It consists of a square iron bar, about ten feet long, and about one inch square, the end is fitted with a shell auger, and a movable handle is attached to it. A hole should be made with a common crowbar, about six inches deep, and filled with water. The auger is then inserted and worked by two men ; it must be lifted about every two feet (more or less, according to circumstances), and the point of the auger cleared, and a little water poured into the bore. When a good earth is found, it must not be at once concluded that a " head " has been discovered, as the over-lying clay beds are most eccentric in their course, especially in the chalk formation. More holes must be bored all round at various distances ; by this means the extent and direction of the deposit may be correctly ascertained. Satisfactory results having been obtained we may set to work to open a heading and prepare our brick field. The clay should be dug in autumn or winter, and when this is completed, the necessary buildings must be erected. REPAIRS, BUILDING, AND MATERIAL. 221 Very little preparation of this kind, however, is required ; a CHAP. vni. rough shed for each moulder, a more permanent shed for e P airs > * c - keeping sand, tools, &c., in, and in which plinth and coping bricks can be laid out to dry; some "J" sheds, with pre- pared floor for drying the bricks, and a pug-mill and kiln. The bricks necessary for the erection of the kiln, say about 30,000, can be burnt in the hole from which the clay has been dug. Each moulder's shed must be fitted with a bench, upon Brickmaker's which he places his mould and box for supply of water. c His tools consist of strike, brush, scraper, and clay scoop or shovel, wheelbarrow, and boards for the bricks. These sheds must be erected near the heap of clay, and Pug-milL in close proximity to the pug-mill. This consists of a vertical iron shaft fitted with blades, the bottom ones being set at such an angle as to squeeze out the clay. This is cased in a wooden cylinder, open at the top, and open on one side at the bottom. The shaft is worked by a horizontal arm, to which a horse is attached. The moulder wheels the clay, which has been previously wetted, to the cylinder, and tips it in, the horse walking round the while, so that the knives or blades inside work up the clay, which when it reaches the bottom is pressed out by the aforesaid blades, and is carried away by another moulder to each shed. This process is called "pugging," and must be done every morning; the quantity required will depend upon the number of moulders and the number of bricks they are each able to make in the day. A good moulder will make from 800 to 900 in the day. When there is no pug-mill (and its use is by no means general) each moulder is expected to temper his own clay before beginning work. This is, however, rather a tedious process. It is worked up with water, like mixing mortar. Each shed is supplied with a quantity of moulding sand, Moulding- which must be what is called " silver sand." It must be M perfectly dry. With this the moulder sprinkles his mould and plate each time he makes a brick this is to prevent the 222 ESTATE MANAGEMENT. CHAP. VIII. clay adhering to the wood. He places each brick upon a Repairs, $c. ^ Qar( j an( j ^en upon his barrow, and when this is full he wheels it away to the T shed, where he places the bricks in rows, each brick on edge, the next row being placed upon the other alternately. These rows are called " hacks." Here they are left to dry for three or four weeks according to the state of the weather. The bottoms of the hacks require attention. They must be placed on a raised plat- form so that water may not rest upon them ; when it does it will become absorbed by the brick, and the lower tiers giving way will overthrow the whole, and cause loss. Drain-pipes, 3in. in diameter, laid side by side, make a very good bottom. The kiln generally used upon estates is the kind termed " flare kiln " and is constructed for burning wood. Two advantages are gained by making bricks upon the estate ; a brick is produced at cost price, and a home market is procured for rough bavins and timber. A useful-sized kiln is one that will hold 15,000 to 20,000 bricks. As a rule, 1000 bricks will require for drying and burning 100 bavins. These kilns are usually square, they must be built very strong, and be backed up with earth, and bound round the top with wood and iron, as the expansion caused by the heat is very great. It is best to cover it with an iron roof to keep out wet; there must, however, be plenty of room for the passage of the fumes. The bricks are put in behind, and when completed the door must be closed with bricks and rammed with sand, as, if not air-tight, the bricks are injured. ' The filling of a kiln requires a great amount of practice and cannot be described in a work of this nature. They must however be so placed that a free circulation of heat passes through them, and each one bind the other to prevent warping. The first process is to dry the bricks with a gentle fire, which will occupy about two days ; when this is done, a full fire is put on and they are ' ' burnt ; " when once this is BEPAIKS, BUILDING, AND MATERIAL. 223 commenced the fire must be kept up night and day without CHAP. VIII. ceasing until the operation is completed. When cold, they epffltr8> * c ' are removed and piled up for use. Bricks are made by the thousand. The price of making Cost of maybe said to range from 13s. to 16s., and includes digging bri c kg g the clay, moulding and burning. The chief moulder finds all labour. White bricks are made by mixing lime with the clay. The lime is mixed in large reservoirs and let in to the clay during the process of tempering. When bricks are burnt with coal, the kiln is called a Draught-kiln. " draught kiln." About 3cwt. of coal are required to burn 1000 bricks. The bricks known as " stock-bricks " are burnt in the The clamp. " clamp," i.e., a pile, so erected as to admit of a draught throughout. When this plan is resorted to, it is necessary to mix crushed breeze with the clay. The breeze is laid about six inches in depth upon the top of the undug clay, and with each spit that is taken off the breeze forms a part, all is then mixed and tempered together. When a sufficient number of bricks are got together the fire is started beneath with small coal and cinder, and this igniting the breeze contained in the brick soon sets the whole mass aglow, the fire is carried on by the draught, so that as long as fresh bricks are applied at the far end, away from the fire, the burning will continue ; and in about three weeks those first burnt may be removed, whilst the rest are still burning. The breeze however burns out and renders the bricks very porous. Another danger is the running of the silica in the clay by the great heat ; when this is the case the bricks become massed together, and are valueless. It is difficult altogether to prevent this calamity. It is caused by the fusion of the silica and alumina. Clamp bricks are not so valuable as others, being about 6s. to 8s. per thousand less. The outside of the clamp must be plastered with clay to pre- vent escape of heat laterally. A good brick should give a clear ringing sound when 224 ESTATE MANAGEMENT. CHAP. vni. struck, and be dark in colour outside, and a rich red when epa/vrs, $c. . fj. om The size of a brick is 9in. by 4^in. by 2in. Some clays shrink more than others. When this is the case the mould must be rather larger than common. It is necessary to maintain a regularity in the size, in order that they may work well together. The first-burned bricks are often light in colour and soft, this is owing to the damp in the kiln from its exposed position through the winter. They are used for inside work. Tiles. Clay suitable for brick-making is not adapted to tile- making, and vice versa. For tiles the clay must be ' ' strong " and tenacious. The process of tempering is also important, and will require different treatment to that already explained. Reservoirs or basins must be formed on the ground with clay, about one foot to one and a half feet deep. In these the clay must be placed, and allowed to soak for some time in water, it must then be hand tempered. If any stones are present they must be either extracted or crushed, as if allowed to remain, the heat will burst them, causing a flaw or breakage in the tile. They are moulded in a similar to way bricks ; before being taken off the moulding-plate two holes are pierced through them to receive the pegs, they are then laid to dry like bricks, only they lie flat in lots of three or four, tier upon tier. They require great care in packing into the kiln, as if improperly done they will twist and warp. The heat too must be uniform throughout. A good tile clay will, when lifted off the mould-plate, remain stiff in the hand; a clay fit for bricks only, will under the same circumstances, fold up in the hand like paper. For further information upon materials we may refer the reader to, amongst other useful works now in circulation, the " Book of Farm Implements," by Slight and Burns. The various measurements required in this department will be found in the next chapter. CHAPTER IX. REPAIRS, BUILDING, AND MATERIAL (Continued). RULES FOR ESTIMATING AREAS AND CAPACITIES. AEEA OF BABGE ROOF, HIPPED ROOF, CIRCULAR ROOF AREA OF BRICKWORK CAPACITIES OF TANKS EXAMPLES. IT will be useful to supplement the observations contained CHAP. IX. in the last chapter, by stating the rules of most frequent B P^ 4" application for determining the quantity of material, and consequently the cost involved in effecting new roofing and some other equally common operations. TO ASCERTAIN SURFACE OF THATCHING, TlLING, AND BRICKWORK. The usual practice is to reckon the two former by the square of 100 square feet, and the latter by the rod of 272 square feet. Thatching, tiling, and slating are all con- tracted for by the square, and brickwork by the rod ; and, if not contracted for in the real sense of the word, the estimates are based upon such calculations. 1 . To find the surface of a common barge roof (a roof in the form of a partially-opened book) Take the length and breadth in feet, and multiply together: this gives the surface of one side. Multiply by 2, and divide the product by 100, which will give the number of squares contained. 2 . To find the surface of a hipped roof (a roof in the form of a partially-opened book, but with the topmost corners Q 226 ESTATE MANAGEMENT. CHAP. IX. sliced off, so that a further triangular roof is needed at the Repairs, &c. -. , ends) Take the mean length and multiply by the breadth : this will give the surface of one side. Then take the length of the end, multiply by the length of the perpendicular distance, from the eave of the end to the ridge, and divide by 2 (see rule of " Triangles ") : this will give the surface of the end. Add the two products together, multiply by 2, and divide by 100, and we have the area required. 3. To find the surface of a circular roof. We may first show, by way of explanation, that the roof will represent half a circle, of which the radius, or half diameter, will equal the height from eave to ridge, and the circumference twice the circumference of the roof. To show this take a piece of paper, cut out a half circle ; if the two halves of the diameter are brought together a cone is formed, the cir- cumference of which equals the arc of the semicircle, and the sloped height its radius. Hence we get this rule Take the length round the eaves, or the distance from eave to point : either will form a sufficient basis for calculation. Then, proceeding under rules for "Circles" we have the distance from eave to point = radius of semicircle and circumference of roof = arc of semicircle, then the radius x ^ circumference, gives the area of the circle, and half of this will be the area of the roof. N.B. The distance from eave to point x 2 x 3-1416 (or 3f) = cir- cumference of a circle, whose area will be twice the area of the roof. 4. To find the area of brick-work Take the length and breadth in feet, multiply together, and divide by 272, and we get the area in rods. A rod of brick-work, however, is always calculated to be 14 inches thick (or the breadth of three bricks laid side by side with their accompanying mortar) ; therefore, supposing the wall measured only 9 inches thick, proceed as follows : Multiply the area by 2, and divide by 3, and we have the area in rods, 14 inches thick ; or, if 4| inches thick, divide by 3. 5. To ascertain the capacity of tanks. Measurements must be taken as follows For oblong or square tanks take length, breadth, and depth. For circular take depth and diameter. Then proceed, according to rule, and multiply the sum obtained, which will be in cubic feet and fractions of a foot, by 6, the number of gallons in a cubic foot, and we have the required contents in gallons. REPAIRS, BUILDING, AND MATERIAL. 227 1. Example of measurement of barge roof CHAP. IX. A roof measures 20 feet in length by 9 feet in width ; required the number of squares. By fractions 20 x 9| = V X V = ' V 7 = 189 I ! 189 f reduced to decimals = 189-625. Then 189-625 x 2 = 379-25 feet, which represents super- ficial area of the two sides of the roof, which divided by 100 = 3 squares. 2. Example of hipped roof A roof measures 25 feet in length at the eaves, 18 feet at the ridge, 12 feet from ridge to eave, and the end measures 16 feet in length at the eaves, with a perpendicular of 10 feet; required the number of squares. By fractions 25 + 18 = 43 ; 43 -=- 2 = 21 mean length ; 21J x 12 = 258 superficial feet : area of one side. Next we nave the end (see ee Triangles ") 16 X 10 -j- 2 = 80 feet : area of one end ; then 80 + 258 = 338 X 2 = 676, area of whole roof ; 676 -f- 100 = 6.76 squares, or 6f answer required. 3. Example of circular roof Required the number of squares of thatch on a wheat rick measuring 20 feet from eave to point (see " Circles") : 20 feet represents the radius ; therefore twice that distance, or 40 feet, equals diameter : 40 feet x 3-1416 (or 3|) = 125 = circumference. Half the diameter x half the circumference equals the area of the circle ; therefore 20 x 62-5 = 1250, which is the area of the circle or double the area of the roof ; then 1250 -r- 2 = 625, or 6, or 6 squares of thatch. 4. Examples of brick-work A brick wall 70 feet long by 12 feet high and 14 inches thick ; required the number of rods : 70 x 12 = 840 ; 840 -=- 272 = 3^ rods. The same 9 inches thick ; required the number of rods : 840 X 2 = 1680 ; 1680 -f- 3 = 560 ; 560 -r- 272 = 2^ rods. The same 4 inches thick ; required the area : 840 -:- 3 = 280 ; 280 -r- 272 = 1^ rods. Q2 228 ESTATE MANAGEMENT. CHAP. IX. Examples of capacity of tanks , ft An O bi on g tank measures 20 feet long, 10 feet wide, and 9 feet deep ; what does it contain ? 20 x 10 X 9 x 6 = contents in gallons. 20 10 200 9 1800 6 Answer 10,800 gallons the contents required. A circular tank measures 15 feet in depth, and has a diameter of 9 feet ; what does it contain ? Take either of the rules given and ascertain the area of the bottom. By rule 1, for instance : 9 x 3-1416 = 28-2744 = circumference ; therefore 28-2744 x 9 + 4 = area. 28-2744 9 4)254-4696 68-6174 feet = area of bottom. Multiply this by the depth, via. 15, and we have 954 cubic feet as contents, which multiplied by 6 gives 5724 gallons the answer required. CHAPTER X. BLIGHTS OF WHEAT AND OTHER CEREALS. VIBRIO TEITICI (" BUENT CORN " OR " EARCOCKLE8 ") - CECI- DOMYIA TRITICI (" WHEAT MIDGE ") - UEEDO SEQETUM (" BLACK HEAD ") - UEEDO CAEIES (" SMUT ") - UEEDO EUBIGO (" RED GUM ") - PUCCINIA GEAMINIS (" MILDEW ") SECALE COENUTUM ("EEGOT OF EYE"). WE propose to treat this subject rather from a practical than CHAP. x. a scientific point of view. It must in some form present tself to the valuer when settling values upon growing corn, as there are few crops of cereals that are not more or less affected by some of the following blights ; and it is in its effect upon value that it is for us most important and that some knowledge of the subject is necessary. When valuing we have examined superficially crops of wheat, and set a quantity upon them, but on a more minute examination we have found blights of various kinds, to such an extent as to materially affect the award. The following are some of the most common blights : The Vibrio Tritici, or wheat eel, is one of the infusoria Vibrio causing the disease known in some districts as " burnt corn " or " ear cockles." tE "~ It is an animal blight. The minute eggs are introduced into the sap from the infected grains and hatch in the germen or seed-bud. 230 ESTATE MANAGEMENT. CHAP. X. Blights of Wheat, ifc. Ceffidonvyia Tritici (" Wheat- midge "). Uredo Segetum (" Black- head"). The worms are transparent when young, but become yellowish as they grow older. They attain one quarter of an inch in length. They possess wonderful vitality ; if the infected seed is kept dried for a year, the worms will be found alive when put in water and examined by the microscope. An ear of wheat infected with this pest presents a some- what peculiar appearance. The glumes or husks are bleared and blackened near the stalk, and the grains are deformed, being puckered at the bottom and flattened at the top, and when ripe are of a dark brown colour, approaching black. If broken open, the inside will be found full of a white substance like cotton; these are the eels. This is often a great source of loss, as the infected ears are not only lost to the crop, but the whole sample is deteriorated in value by their presence. The best method of eradicating it is to place the seed in water before sowing, and skim off the infected grains, which will float to the top. Oecidomyia, a genus of gnats, attacks both barley and wheat. It seldom however attacks the former in this country. The most important is the Cecidomyia Tritici. The British wheat midge is a species that causes great loss in some seasons. The eggs are conveyed into the culms whilst the wheat is in flower, and when they hatch, the little lemon-coloured larvss abstract the juices, and cause the grain to shrivel. When fully grown they enter the earth and become pupae, and finally develope into the perfect insect. We now come to the vegetable blights or fungi, a large class of parasites, called " Uredinese." They are the lowest order of plants and are called " Cellular " or " one-celled/' Uredo Segetum,OT "Blackhead," is one of these and attacks all the cereals. The attack, however, takes place early, before the ear leaves the sheath. About June the attack is BLIGHTS OF WHEAT AND OTHER CEREALS. 231 most visible, in some seasons giving quite a black CHAP. x. appearance to the crop. It consists of a black powder, and jJJjJ/Vif when fully ripe, is dispersed by the wind, and nothing is left but the bare culm. The damage consists in the loss of the ear, the remaining rs being unaffected. Uredo Caries, " Smut " or " Bunt," is the most to be Uredo Caries dreaded. It is to eradicate this that we pickle our seed- t' -, -, But it it appears that the property was held at an annual rent then he will be held to be a tenant from year to year. Tenancy from For the latter kind of tenancy can not only be created by year ' express contract, but it will be held to exist whenever the occupier has entered without any stipulation being made as to time, but on a verbal understanding that he is to pay a yearly rent, or where, although this understanding does not exist, he does in fact pay a rent which the court can presume to be yearly from the fact of its being paid quarterly or Notice to quit, half-yearly. Such a tenancy can only be determined by either party on his giving six months notice to the other of a desire to determine it at the end of same year of the tenancy. If, for instance, the tenant entered at Michael- mas he can be compelled, by due notice, to give up posses- sion the next or any following Michaelmas, but at no other time. So that if he remains in possession for more than six months without any notice to quit being served upon him he is secure of an occupation of at least two years duration. With regard to the length of notice necessary it seems that although six months is the period fixed by law, the custom of the district may avail to show that a notice of a different length is necessary. And the parties may, of course, override the law by agreeing what notice shall be requisite. It may be useful to observe that, although a notice is necessary to determine a tenancy from year to year, it does not follow that a person who is in for a year is such a tenant. If either party can show that the agreement was " for a year " or l ' for a year certain " the tenancy will expire with the expiration of that year without any notice being given, as is always the case when any certain period is agreed upon. But this will rarely happen, as it is gene- rally intended in the case of a yearly letting that it shall be a letting from year to year. Care should, however, be LANDLORD AND TENANT. 279 taken when any writing passes to call it a letting from year CHAP. VI. to year ; for if it is " for a year from the day of Tenancy and , and so on from year to year " it is a tenancy for ^ e Mode of two years at the least, for to make it determinable at the end of the first year would be to give no effect to the words in italics. The safest method for an agent to adopt in giving notice Form of notice to a tenant from year to year is to write it (though this is to quit- not essential) and to word it thus TO x. y. J hereby give you notice to quit and deliver up possession of which you hold of C. D. as tenant, on the day of next [or at the expiration of the year of your tenancy, which shall expire next after the end of one half year from the service of this notice.] Dated (Signed) A. B. (the agent) on behalf of the above-named C. D. The use of the words in brackets is to save the effect of the notice where there is any doubt about the commencement of the tenancy. If there is no doubt about it they are unnecessary. The notice must extend to the whole of the property which was comprised in the letting. And the agent must have authority to give it prior to doing so, as subsequent ratification by the landlord of what he has done is not sufficient. The forms of tenancy which we have been considering Tenancies for are the only ones likely to be created without any writing lor g er P en ds. or deed. But although no prudent person will accept or become a tenant without the terms of the tenancy being reduced into writing, the law does not require writing of any kind if the term granted does not exceed three years, and if the rent reserved amounts to two-thirds at least of the full improved value of the land. But in every case 280 ESTATE MANAGEMENT. CHAP. VI. where the term is more than three years, and in every case Sect. 1. , , \ i Tenancy and (even in a tenancy from year to year) where the rent is the Mode of i egs fo^ the above amount, the effect of the Statute of its Creation. ,,,..,- . rrauds*, and ot a subsequent statute is that the tenancy In what cases _ a deed IB necessary. * Until the reign of Charles II. interests in land (including both free- hold and leasehold interests) could be created or transferred, and agree- ments for the sale or letting of land could be made by word of mouth, without any writing passing between the parties. But the Statute of Frauds passed in that reign (29 Car. 2. c. 3) required transactions of this nature to be reduced into writing ,- and as to leases a recent statute (8 & 9 Viet. c. 106, s. 3) declares that such of them as the former statute required to be in writing should thenceforth be made by deed only ; and all conveyances and assignments which the Statute of Frauds directs to be put into writing must now be made by deed to be effectual. But the Statute of Frauds remains the foundation of the law as to the necessity for leases and agreements for selling or letting land being in writing ; and it may therefore be worth while to quote its leading pro- visions, as some of them will have to be referred to again : By sect. 1 it is enacted that " all leases, estates, interests of freeholds, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by living and seisin only [i.e., by symbolical giving up of possession by one party and taking it by the other], or by parol, and not put in writing and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only ; and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect ; any consideration for creating any such parol leases, or estates notwith- standing." But sect. 2 excepts from the operation of the above enactment " all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord during such term shall amount unto two-third parts at the least of the full improved value of the thing demised." Sect. 3 enacts that " no leases, estates, or interests, either of freehold or terms of years, or any uncertain interest not being copyhold or cus- tomary interest, of, in, to, or out of any messuages, manors, lands, &c., shall at any time be assigned, granted, or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting, or surrendering the same, or their agents thereunto lawfully authorised by writing, or by act or operation of law." Sect. 4 enacts amongst other things that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tene- ments, or hereditaments, or any interest in or concerning them, unless LANDLORD AND TENANT. 281 must be created by a written instrument, and that instru- CHAP. VI. ment must be a deed or formal document sealed by the Tenancy and parties. , the Mode . f This deed is usually called a lease, but in law any valid grant of a term is a lease. Thus a grant of a term of three years at a rack rent is a lease whether it be made by word of mouth, or by simple writing, or by deed. Inasmuch as a deed is necessary for the grant of a lease Unsealed when word of mouth is insufficient, it is natural to inquire w the object and effect of the numerous unsealed or simple may be writings generally called " Memoranda of Agreement " passing between parties on the creation of a tenancy. In the first place it is clear that, in cases where word of mouth is legally sufficient, a writing is practically the only safe way of preserving evidence of the terms of the tenancy ; and according to the definition just given such a writing may properly be called a lease. But, secondly, when the lease is one which cannot be (&) agreement granted without a deed, a writing may prove that the a c C epTleases parties had agreed that one should be granted or accepted ; and in cases of this nature the courts, holding that what the agreement upon which such action shall be brought, or some memor- andum or note thereof be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised." And by sect. 17 it is enacted that no contract for the sale of any goods for the price of 10L sterling or upwards shall be allowed to be good except the buyer shall, first, accept part of the goods so sold and actually receive the same ; or, secondly, shall give something in earnest to bind the bargain, or in part payment ; or, thirdly, unless some memorandum or note in writing of the said bargain be made, and signed by the parties to be charged with such contract, or their agents thereunto lawfully authorised. It is to be observed that although by sect. 2 certain leases may still be made without writing, the effect of sect. 4 is that when the intention of the parties is, not to make a present lease, but to agree that one shall be made at a future date, the agreement must be in writing, as a contract for an interest in land. Thus a present lease from year to year at a rack rent may be made by word of mouth (by sect. 2) ; but an agreement to grant at a future time a lease from year to year at a rack rent must be in writing (by sect. 4). 282 ESTATE MANAGEMENT. CHAP. VI. the parties have agreed to do ought to be done, will come Tenancy and ^ their assistance. For it will compel either of them to the Mode of carry out or " specifically perform " an agreement of which its Creation. J J r .'.,.. there exists a memorandum or note in writing signed by him or some other person thereunto by him lawfully authorised : (see sect. 4 of the Statute of Frauds, set- out ante, p. 281, note.) Nothing, indeed, is commonert han for an agreement of this kind so fully to embody the terms of the letting that the tenant takes and holds on the mere right which he thus has to compel his landlord to execute a lease framed on those terms. But the plan of allowing such an agreement to take the place of a lease is not to be encouraged. The Legislature, aware that it would offer an easy means for avoiding the stamp duties imposed upon leases, has made such agreement subject to the same duty as would be the lease itself, and remits the duty on a lease executed in a pursuance of it. Popular phraseology calls the arrangement a lease, if it is contained in a deed ; an agreement, if it is a mere memor- andum. The true distinction is that it is a lease where it actually grants an interest, and an agreement when it only agrees that one shall be granted at a future time. Thus so- called " Memoranda of Agreement " (as example B., ante p. 14), where they relate to tenancies at a rack rent for three years or under, (being tenancies which can be created orally) are generally leases ; for no special form of words is needful for the grant of a lease. The usual words are " doth demise, lease, and to farm let ; " but if they be that "A. agrees to let and B. agrees to take," the effect of such a memorandum will be precisely the same, and an imme- diate interest will pass ; and, on the other hand, just as a paper styled upon its back " a memorandum of agreement }> may be, in fact, a lease, so may a document styling itself a lease be nothing more in law than an agreement ; for if the term be one which can only be granted by deed, and the document is an unsealed writing (in other words a memorandum of agreement), the courts, instead of holding LANDLORD AND TENANT. 283' it to be merely a void lease, will construe it as an agree- CHAP. VI. Sect 1_ ment to grant a lease, and will order specific performance Tenancy and flprnrrKriD-lv the Mode of ttLUOiu.ijj.54iy. ., /- ,. J us Creation. The stamp duties upon leases are as follows : Stamps. If the rent, whether reserved as a yearly rent or otherwise, is at a rate or average rate If the term is definite, and does not ex- ceed 35 years, or is in- definite. If the term being in- definite ex- ceeds 35 years, but does not exceed 100 years. If the term being definite, exceeds 100 years. Not exceeding 5 per annum Exceeding .5 and not exceeding <10 10 15 006 010 016 030 060 090 060 12 18 15 20 020 12 140 20 25 026 15 1 10 25 50 050 1 10 300 50 75 076 250 4 10 75 100 10 300 600 100, for every full sum of .50, and also for any fractional part of .50 thereof 050 1 10 300 Of any other kind whatsoever not hereinbefore described 10 DUPLICATE or COUNTERPART of any instrument chargeable with any duty : ,, , , , , (The same duty as the Where such duty does not amount to 5s , ( original instr ; ment In any other case 050 In the absence of any agreement to the contrary, it seems Costs of the that the lessee is bound to pay the costs incurred in the lease - preparation of the lease, but that the expense of the counterpart falls upon the lessor. This is a useful rule to recollect when, as frequently happens, the lessor's solicitor acts for both parties. If the lessor means to pay none of the costs, he should make a stipulation to that effect. When the lessee intends to employ a separate solicitor to act for him, and settle and approve the lease on his behalf, it is always desirable for the lessor, whose solicitor should prepare and engross the lease, to have an express agreement about the payment of his (the lessor's) solicitor's bill, unless he intends to bear the cost of it him- self ; as he will, of course, be the person liable to his solicitor. SECTION II. RIGHTS INCIDENT TO TENANCY BY LAW AND CONTRACT. CHAP. VI. ASSUMING now that the tenancy has been created at a Rights in- certain rent payable at some fixed periods, and that nothing ddent to beyond this has been agreed upon by the parties (as may Tenancy by / , J , Law and. Con- often happen in the case of a tenancy created orally), the law confers upon each of them certain rights and liabilities. Something must be known of these in order to apprehend the bearing of the stipulations which, whenever the letting is effected by a written document, are usually entered into between them in order to modify their legal position. Some of the stipulations expressed in such a document can indeed scarcely be said to have this object, for they do in effect merely confirm, by express agreement, what would be the legal obligations of the parties without them. But as a whole their effect is to modify these obligations. When the stipulations are contained in a deed they are called covenants. We shall contrast the rights conferred by such stipulations, whether contained in a deed or memo- randum, by calling them the rights given by contract, as distinguished from the rights given by law. Payment of In the first place the law gives to landlords a remedy for Distress ^ ne re covery of rent in arrears, which is not available for debts generally. And this remedy they do not lose even if they take a bill of exchange or note of hand for the rent, for such a course does not constitute any alteration of the debt until payment. The right of distress to which we allude entitles the landlord, without taking any legal pro- ceedings, to seize upon the goods found upon the premises in order to enforce payment. The right extends in theory to everything which can be moved from the premises and brought back without injury. This principle excludes the seizure of fixtures, and also of articles that would at once LANDLORD AND TENANT. 285 perish, such as milk or fruit ; but it does not exclude crops, although they are not yet cut. There are, however, excep- Bights in- tions to the general principle. Beasts of the plough and r ^ * io sheep are not distrainable if there is, without them, sufficient Law and Con- distress on the premises other than growing corn, although it appears that other kinds of cattle are : and all the instru- wha ;* goods . are distrain- ments of husbandry or of a man s trade are similarly able. privileged. But articles in actual use, such as a machine at work, or a horse on which a man is riding, can in no case be seized. Distress may be made either during the currency of the Mode of term or six months after its duration if the tenant is remaining in possession. The proper mode of effecting a distress is for the landlord, or his agent authorised for the purpose, to sign and hand to a bailiff or broker (and for this purpose any private person may act as such) a " dis- tress warrant," a document which requires no stamp, and which should run in terms like these : To Mr. M. N., my bailiff. I hereby authorize and require you to distrain the goods and chattels [and also the cattle and growing crops] in and upon the farm, lands, and premises of X. Y., situate in the parish of in the county of for being quarters rent due to me for the same at Lady Day and Midsummer Day (or as the case may be) ; and to proceed thereon for the recovery of the said rent as the law directs. But you are hereby expressly prohibited from taking any property not legally liable to a distress for rent. Dated this day of (Signed) A. B. (the landlord) or A. B. by C. D. his agent. The bailiff must then, at some time in the day between sunrise and sunset, enter upon the premises and expressly declare that he distrains either certain articles or part in the name of the whole ; but he must not break open the outer door of the house or force the gates or doors of out- buildings. The next step is to impound the goods, which may be 286 ESTATE MANAGEMENT. CHAP. VI. done by removing them to the pound, or, if they are left Rights in- u P on * ne premises, either by shutting them up together cident to there, or by obtaining the tenant's written consent to their Law and Con- being considered as impounded where they stand. Indeed, a statement in the notice of distress, that they are im- pounded in the premises in such a place would seem to be sufficient. But if they are left on the premises, the safety of the landlord requires that a person be left in possession on his behalf. An inventory of the goods seized must be taken, and a copy of this together with a written notice that the goods named have been distrained, must be served upon the tenant, by being put into his hands or left at his house. The notice should also state the amount of the arrears for which the distress is made, and the date when it became due, and that unless the amount and costs be paid within five days the goods will be appraised and sold according to law. If no tender be made within the five days, within which the law allows the tenant to replevy (or recover) his goods, the landlord must have them appraised by two sworn appraisers, and may then proceed to sell them at the best price that can be got. The surplus (if any) of the sale moneys is to be left in the hands of the sheriff, undersheriff, or constable. Other reme Distress is, therefore, the landlord's most efficacious dies to enforce remedy by reason of the priority which it gives him over rent" 16 otheT creditors ; and some understanding of the process is useful, because there may be occasions in which it is neces- sary to commence proceedings before recourse can be had to legal advice. But the law gives the landlord other remedies ; for he may bring an action of debt for rent, or, if the demise be not by deed, an action for use and occupation. And the position of the landlord is still further strengthened by the contract contained in every properly drawn lease. For, firstly, the lessee is always made to covenant expressly for the payment of rent, a plan which makes him personally LANDLORD AND TENANT. 287 responsible for the payment throughout the whole time, CHAP. VI. even though he assign the lease to another. Right's in- And, secondly, the lease almost always empowers the tident to landlord to re-enter for non-payment of rent or breach of any Lauand Con- covenant or stipulation, and to take possession again as tract. though no lease had been made. But this liability imposed Covenant to upon the tenant of forfeiting his lease if he tenders his rent a day late, or forgets to pay an insurance premium in ac- re-entry or cordance with the agreement, has been considered by the clause. r courts an unfair burden upon him. Therefore, so far as re- Belief against gards the payment of rent, the courts consider the proviso forfeiture - as intended as a security only, and annul the forfeiture on the tenants paying all arrears and costs incurred. The courts have now also power to grant similar relief in the case of a breach of a covenant to insure, provided no damage by fire has happened. But as to the breach of other cove- nants, such as the contract to repair, no similar relief can be obtained, and the landlord may re-enter, if the terms of the covenant have been broken, although at the time of re- entry the repairs may have been effected. But such con- duct would be discouraged by the courts by all the means in their power. It is also to be observed with regard to forfeiture, that a Waiver of landlord intending to avail himself of it must be cautious forfeiture - in accepting rent, after he has notice of the breach upon which he proposes to rely. For acceptance after notice is an implied waiver of the forfeiture. If, however, the breach is of a continuing kind, as allowing premises to remaiifout of repair, the waiver does not extend to the breach con- tinuing after the acceptance. If may be useful briefly to summarise the position of the Rates, taxes, and ass ments. parties with reference to rates and taxes, although some- asa thing has been said in the text on the practical bearing of the question. Property tax is a tenant's tax as between him and the 288 ESTATE MANAGEMENT. CHAP. VI. public ; but he is entitled, after actual payment, to deduct Right's in- the amount from his next payment of rent (or from subse- cident to quent rent accruing due during the current year of the Law and Con- tenancy, or other the period, during which the tax was ac- tract. cruing due), and of this right he cannot deprive himself by contract, it being intended by the Legislature that the tax should fall upon the landlord's income. Land tax is also a tenant's tax as between him and the public, though it is intended that the landlord should ulti- mately bear so much of it as equals his interest in the land. The tenant is therefore entitled to deduct from his rent such a proportion of the amount which he has paid, as the rent bears to the assessed annual value of the premises, so that if the rental is as high as, or exceeds the assessment, he is entitled to deduct the whole. But of this right the tenant can deprive himself by contract ; even an agreement to pay rent " free of all outgoings " will be regarded as an agree- ment by him to pay the land tax. Sewers rates are also collected from the tenant, but in the absence of any agreement to the contrary, they are intended to fall upon the landlord, and the tenant is entitled to deduct the amount of his payment from the rent. The above appear to be the only three dues which are intended to take effect out of the landlord's interest. House tax falls, like all the assessed taxes, upon the person using and enjoying the article taxed, who is in this case the tenant. He has no right to deduct it from his rent unless the landlord has agreed to pay it. Poor rate is a personal charge upon the occupier or tenant, in respect of his possession not upon the owner in respect of his ownership. But under some modern Acts of Parliament the owner of any small tenement may, in certain cases, be rated instead of the occupier. County rates and highway rates are as between landlord and tenant in a similar position to the poor-rate, and all three , of these rates are collected by the same machinery (referred to in the text, ante. p. 28). But the highway rates under LANDLORD AND TENANT. 289 the Highway Acts which are made by the surveyor of CHAP. VI. highways and collected after they have been certified by Rights in- two "justices of the peace, are to be distinguished from such ddent to u * c -U- -U ^ l J J Tenancy by rates for the purposes of highways as may be included Law and Con- in the District rates, These are made by local boards of health for any purpose within their district (including the mainte- nance of highways), for which they are authorised to raise money by the statutes which regulate their proceedings. District rates are likewise charged on the occupier, who, in the absence of agreement has no right to recoup himself by deduction from his rent, except in certain cases provided for in the Acts, as in the case of improvement rates. In the preparation of an agricultural lease, the most desirable form of stipulation on this subject is that the tenant shall pay " all taxes, rates, assessments, impositions, and outgoings whatsoever, whether parochial, parliamen- tary or otherwise, which now are, or shall at any time during the said term be taxed, assessed, or imposed upon the demised premises or upon the landlord or tenant in respect thereof, except property-tax and " any tax or rate, e.g., land tax, or sewers rate, which it is intended the land- lord shall pay. By imposing the whole liability in general terms upon the tenant who is usually intended to bear it, and thus excepting anything that he is not intended to bear, the position of the parties is put before them in a way that neither of them can easily misunderstand. In the absence of contract, the fact of tenancy does not Repairs, place the landlord under any liability in respect of repairs ; for the law will not imply any promise on his part either to repair the premises, or that they are reasonably fit for habi- tation or cultivation, or other the purposes for which they are let. If they are burned down, the landlord need not rebuild them. The tenant cannot, unless in certain cases provided for by a statute (14 Geo. 3, c. 78), even compel him to expend u 290 ESTATE MANAGEMENT. CHAP. VI. money which he has received from an insurance office in Rights in- rebuilding, but must go on paying his rent during the rest cident to o f he term, though his house and farm buildings be gone. Lanv -i , p general applied to the circumstances or each case as it arises ; for is a agent. although it is clear that every land steward acts within certain limits as a general agent, it is difficult to state gene- rally what these limits are. It would seem that, as a land steward's function is primarily one of oversight, an authority to perform definite acts and make contracts is scarcely in- herent in the nature of his office. The nature of the authority of a particular steward then, will not be easily found by endeavouring to define the office of a steward, but rather by ascertaining what particular kind of business the proprietor has, by his conduct, shown that the steward is authorised to act in ; and this is a matter of evidence rather than of law. This is equivalent to saying that his THE AUTHORITY OP A LAND STEWARD. 313 general agency is of the first, rather than of the second CHAP. VII. kind referred to by Mr. Chitty. O f a Land ^ Nevertheless there are certain acts which have been Steward. definitely decided not to be within the scope of a steward's employment as such. He has no authority, as a steward, to enter into agreements to grant leases. And as this is so, he would likewise have no authority to give a notice to quit. Nor has he any power to distrain. The kind of business in which the steward is frequently authorised by the conduct of his employer to act as a general agent will readily suggest itself. If, for instance, he has been allowed in practice to pledge his employer's credit in making purchases, the latter will be bound to pay for any particular article which the steward may buy for him of a dealer aware of the practice, and giving credit to the employer on the faith of it ; even though the steward may have been expressly forbidden to buy the particular article. So, although it cannot be said that it is inherent in the office of a steward that he should have a general authority to hire and dismiss bailiffs and servants ; such an authority may no doubt be conferred upon him by his em- ployer's conduct. Even with regard to rents, to receive which the agent will generally have an express and written authority; if he has been accustomed to take them, and sign receipts without such an authority, the courts would certainly regard him as a general agent in the matter, and his receipt would discharge a tenant who had no notice that the rent was not to be paid to him as theretofore. But it may be observed here, that an agent having an authority (whether general or special) to receive payments on behalf of the principal, cannot bind the latter by accept- ing anything but money as by taking a bill of exchange unless there is some direct evidence to show that his authority enabled him to do so, or that it is a customary mode of settling. In these matters, therefore, in which the steward is not, Cases in which either by the nature of his office, or by his employer's autiiorit 1 ma be necessary. 314 ESTATE MANAGEMENT. CHAP. VII. conduct, authorised to act as a general agent, he will re- The Authority . ,, ., _ , . . . of a Land q ui re an express authority to enable him to act as a special Steward, Leases. Notice to quit. Distress. Sales. agent, and persons dealing with him must see that he has it, and abides by the terms of it, for if he does not his prin- cipal will not be bound. The express authority need not, as a general rule, be in writing, though in some cases this is requisite. In the case of leases not required by the Statute of Frauds to be in writing (ante, p. 279), the proprietor may verbally authorise an agent to make them, and the agent may then make them either verbally, or by a writing signed on behalf of his employer, according to the terms of his valuations. But as to leases required by the first section of that statute to be in writing (ante, p. 280), a reference to the section will show that it enacted that where such leases are made by an agent, he must be authorised in writing to make them. These leases are now, however, to be made by deed (ante, p. 281), and it is a rule of the law that an agent can only execute a deed on behalf of his principal if he is authorised by deed to do so. An agent need not have a written authority in order to give a tenant notice to quit. But his authority, although only oral, must be express at the time when the notice is given, or at latest when it begins to operate. A subsequent recognition or adoption of the agent's act by the principal is not sufficient in this case, although we shall presently see that it is generally so in others. Nor does a steward need a written authority in order to distrain upon his employer's tenant. But as we have said he must be specially authorised to do so. An authority to receive rents, and discharge the tenants by his receipts, will not impower him to distrain. With regard to sales, even when a contract for sale is re- quired to be in writing as are contracts relating to land or any interest in or concerning it, and contracts in certain cases respecting chattels, the writing may be that of an agent appointed by word of mouth. For sects. 4 and 17 of THE AUTHORITY OP A LAND STEWARD. 315 the Statute of Frauds (ante. p. 280. note), which make it CHAP. V 11 - ,, , ,, ... ' ,, ,,, ... The Authority necessary that the contract be in writing, say that the writing O f a anc j may be signed by an agent " lawfully authorised," instead Steward. of by an agent ' ( lawfully authorised in writing," which are the words of sect. 1. With reference to the subject of sales, it may be well here to point out to the agent that, where he is authorised to make them, he must take care that the contract for sale is made binding on the purchasers. If, for instance, it is a sale of land or of an interest in or concerning it, the pur- chaser or his authorised agent must sign a written memoran- dum, otherwise, by sect. 4 of the Statute of Frauds, the purchaser will not be bound. If it is a sale of chattels of the value of 10Z. or upwards, there must (by sect. 17) be part delivery and acceptance, or part payment, or a similar memorandum. In the case of some sales made by a steward, as, for instance, of timber and underwood, it will be difficult for him to know whether what he is selling is an interest in land or a chattel, because, as we have seen in a previous chapter (ante, p. 267), things growing upon the land are legally a part of the land until they are severed. But it has been decided that a sale of growing timber, to be felled at once, whether by the purchaser or the vendor, is not a sale of an interest in land requiring a written con- tract. Yet, regarding it as a sale of chattels, a memorandum signed by the purchaser or his agent will generally be necessary under sect. 17, unless there is part payment at the time the bargain is made. And it may be laid down as a general rule that an agent in all cases of this kind should procure the signature of the purchaser or his agent to the terms of the bargain. It is scarcely necessary to make any remarks upon the Purchases, subject of purchases. The question of purchasing goods upon credit has already been incidentally alluded to ; and as to purchases of land or any interest therein, it is only necessary to refer again to sect. 4 of the Statute of Frauds (ante } p. 280, note), from which it appears that an agent 316 ESTATE MANAGEMENT. CHAP. VII. The Authority of a Lcmd Steward. Appointment of sub-agents. Mode of sig- nature by agent. Personal liability of agent. to purchase need not be authorised in writing. But when an agent produces a written authority, whether to purchase an estate or to do any other act, the principal will be bound to persons dealing with the agent upon the faith of the written authority, although he may have subsequently varied the terms of his instructions to his agent. It is a maxim of the law that an agent cannot delegate his authority. Therefore, if a steward be authorised to do any act as, for example, to make a valuation, he must perform the act himself, and cannot without a further express authority employ a third person or sub-agent to do it for him. When an agent has to execute a deed on behalf of his principal, he will execute it, not in his own name, but in that of the principal thus "A. B. (seal) by E. F., his attorney " the agent in this case being called an " attorney " because the instrument appointing him to execute the deed is called " a power of attorney." This instrument, or a copy of it, the party in whose favour the deed is made, will generally require to have handed over to him, as evidence that the execution of the deed was authorised by the principal. But a matter involving a deed will generally be transacted under the supervision of a lawyer ; and it is more important to point out to the agent the proper mode of making ordinary written contracts on behalf of his employer. For he must take care that in appending his signature he signs expressly as an agent thus " (Signed) A. B. by E. F.,his agent," or " (Signed) by E. F., on behalf of and as agent for the above-named A. B." If he signs in his own name merely, he may make himself personally liable on the contract, although in the body of it he is referred to as acting as agent for somebody else. For it is to be recollected that there is nothing to prevent an agent from contracting a private and personal liability on behalf of his principal; and if he does not expressly contract in the name of the principal, it is a question to be THE AUTHORITY OF A LAND STEWARD. 317 decided on the whole terms of the contract whether or not CHAP. VII. the parties intended that the agent should be personally Q f ^Land V responsible. And if the agent contracts in his own name Steward. he cannot relieve himself from personal liability by showing that the other contracting party knew that he was agent for some one else. If he conceals his principal and con- tracts as though he himself were the real contracting party, the person with whom he contracts is entitled to sue him on the contract, notwithstanding the subsequent discovery of the fact that he was in reality an agent. But, although he will be subject to the liabilities, he will not have all the rights of a principal in such a case ; for the principal, on whose behalf the contract was really made, is at any time entitled to step in and require the contract to be fulfilled to himself personally. An agent making a contract professedly on behalf of another is considered to promise by implication that he has the authority of that other to make it. If he has no such authority, or if he exceeds or misrepresents the authority which he actually has, the principal will not in a case of special agency, as we have seen, be bound. But the agent will be liable to the person with whom the contract is made for a breach of the implied promise that he has the authority which he represents himself to have. In the above observations as to the personal liability of the agent, it will be observed that we have only touched upon the question of his liability to third parties. His liability to his employer is a totally different matter, as to which it is sufficient to state that he will be liable in damages for any breach of the instructions given to him. In conclusion, where the agent performs an act on behalf Ratification of of his principal which he has no authority for, he should ^ t * u take care to get the principal to ratify it at once. The effect of such a ratification is to place all the parties in pre- cisely the same position as though the necessary authority 318 ESTATE MANAGEMENT. CHAP. VII. had been given in the first instance ; and, so far as regards of a Land the liability of the principal to third parties, his ratification Steward. an( j adoption of a contract made by his agent on his behalf without authority will be presumed from very slight evidence. A-PPEISTDIX. TENANT RIGHT FROM A LANDLORD'S POINT OF VIEW. ME. BEAE has laid before us a most clear exposition of his views upon tenant right in his rejoinder to the Duke of Argyll. The Duke of Argyll's Essay on " The Commercial Principles Applicable to Contracts for the Hire of Land," lays the same subject before us in a landlord's point of view, but it fails to give such a clear and concise exposition as the important case seems to require. Both pamphlets are excellent in style and argument, and, emanating as they do from such high authorities, cannot fail to carry with them great weight. It is of course highly important that tenant's capital should be secured to them, otherwise it is impossible for them to extract from the soil as much as the soil is capable of yielding. In a legal point of view this security does not exist. A farmer holding from year to year, with only six months notice to quit, is in a worse position than a man who invests his whole capital in a rotten concern at a high interest, because he not only has a similar risk, but in such times as the present, 320 ESTATE MANAGEMENT. receives little or no interest. A farmer holding under a lease, is, to a certain extent, in the same position ; his capital is secure only whilst his tenure holds good, but in the event of the earlier determination of the lease, through any circumstance over which he may have no control, the capital lying in the soil and which he cannot at once realise is lost to him. It is, therefore, clear that leases do not confer that security, which, by casual observers, they are supposed to do. This position of agricultural affairs is not denied by land- lords, and they see the necessity of security. The question is, how is this to be effected ? Certainly not by compulsory legislation. " Commercial principles " only can affect this question. Why then it may be asked, have they not done so already ? The answer is they have, and are affecting the question more and more every day. " Commercial principles " are even now exerting such an influence upon agriculture as to be rapidly bringing about the very object of this proposed legislation. The longer the discussion of the " Landlord and Tenants' Bill " is postponed, the less will it be required. Until lately " Commercial principles " acted strongly in favour of the landlord. The demand for farms was so great that there was no difficulty in obtaining the rent asked, and no difficulty in avoiding unpleasant discussions upon the subject of compensation or security. Now, however, the position is changed ; the same principles have placed the landlord in the unpleasant position of a canvasser ; his wares are a drug in the market, and to let his farms he has to reduce ground game, allow free cultivation and sale of produce, and give security for capital, or, failing this, farm his land himself. If the case is so readily influenced by " Commercial prin- ciples," or in other words, by " supply and demand," why desire legislation ? For many years past this influence has been silently doing its work. As a proof we find, in nearly every county, com- pensation now given for unexhausted improvements induced A.FPKND1X. 321 by consumption of cake and other feeding stuffs, similar, in fact, to Class III. of the Agricultural Holdings Act, 1875. I would ask, can legislation compel a landlord to com- pensate a tenant for improvements to which he has refused his sanction ? Surely not. And yet, if the permission of the landlord is requisite, does it not at once become " permissive" in fact, if " compulsory " in theory. The Agricultural Holdings Act also very justly considers that all improvements are exhaustible, and places a limit of years upon each class. It, however, somewhat contradicts itself when it states further on that, " in improvements of the first class, the compensation is not to exceed a capital sum fairly representing the addition which the improvement at the determination of the tenancy makes to the letting value of the holding." Looking at compensation from this point of view the effect of improvements may continue for ever. What, then, is Mr. Bear's general principal ? Why this : "The tenant who invests his capital in some act that con- stitutes an ' improvement ' is to receive a sum of money when he quits representing the increment of value of the increased rental value of the farm due to his improvement," or in other words, " a capital value of the increased or im- proved rental." Now, it is clear that if this principle is admitted, it will be attended with great difficulties, and bring about an immense amount of litigation. First of all the " improved rental " has to be proved, and in justice to the landlord it must be based upon " actual fact." It would be obviously unfair to call in parties to arbitrate as to. the supposed increased value. The landlord would naturally desire a tenant found who would be willing to pay this extra rental. Failing this, is the outgoing tenant to go away empty, or is the landlord to pay for what does not exist ? Or again, supposing the increased rental is obtained, does the landlord benefit by it? Certainly not, he pays the increased rental himself by having invested in the departing 322 ESTATE MANAGEMENT. tenant a sum of money which, if invested, would bring him in a similar sum. Or again, if he gives the outgoing tenant a renewed lease at the expiration of his term, he must do so either on the same rental as before, or charge him an increased rental and give him at the same time a capital sum which he may invest to meet it. Admitting, however, for a moment, the justice of this, will not " supply and demand " still influence this question ? Cer- ' tainly. If this improved rental is obtained, how is it to be proved that it has been obtained on account of the improvement ? Why not on the demand for farms existing at the time, or some other independent cause ? Drainage will afford a good example upon which to base the different principles. A man takes a farm which requires draining. The landlord or the tenant must perform this. If the landlord, he will expect interest upon his outlay, either directly or in the shape of improved rental. This at once affords him a home invest- ment as secure as the consols. If, on the other hand, it is performed by the tenant, he will need security for his outlay. A lease, as already stated, does not fully secure him ; therefore he needs one of the following securities : " A proportionate amount of the outlay in accordance with the unexpired term of his lease, looking upon the operation as exhaustible as far as he is concerned ; or, a capital sum repre- senting the improved rental value due to the operation at the time of his quitting the farm." In the first case, his investment is a safe one, for he knows that the low rental which we assume he pays for the undrained farm enables him to pay an interest on his capital, and the increased crops yield him a return of principal ; and the land- lord knows that in the event of the lease expiring naturally at maturity, he has nothing to pay, and recovers his farm in an improved state He immediately receives a return in an APPENDIX. 323 increased rental. The landlord, therefore, has borrowed money from the tenant, and the tenant has lent the money to the land lord, and has received back his principal and interest through two channels, viz., low rent and increased production. Truly a satisfactory arrangement. How about the second arrangement ? Who reaps the benefit here ? To understand this we must consider how capital value is arrived at. Capital value implies a sum of money, which, if invested at 3, 4, or 5, or any other per- centage, will yield a sum similar to that in question e.g. : If the increased rental is 10s. per acre per annum on a 200- acre farm, we have a sum of 100Z., which at 5 per cent gives twenty years purchase, or 2000Z. The tenant therefore does not only reap the whole benefit of his outlay during his occupa- tion, but receives a large sum of money when he leaves, as a reward for his industry and foresight. But it may be said the landlord reaps the benefit by increased rental j he does nothing of the kind, for he has purchased it in hard cash. Truly this is " landlords-wrong " if it is " tenant- right." If a " full rent " for the whole term is coupled to an arrange- ment of this kind, the matter will, of course, bear a different aspect. There are, however, other " improvements " that might cut the other way. For example : " Laying down of permanent pasture," or " planting of hops." These are improvements only so far as they are regarded so by individuals; unlike drainage, which, if done correctly, is practically an inexhaus- tible improvement. One man might deem these two operations improvements, another might not. As a consequence of this an increased rental might not been obtainable, as already noticed. In this case the outgoing tenant would get nothing. On p. 12 of Mr. Bear's pamphlet, he says, in the case of drainage, that the increment of value is not the capital value of the improvement, but the capital value of the improvement Y2 324 ESTATE MANAGEMENT. in so far as it is not exhausted. If this is really his stand- point, why not state it in his ' ' principle ? " The Legislature or Mr. Bear may place a limit upon the effect of drainage, but practically there is none. The parties called in to arbitrate, therefore, may fail to recognise this exhaustion, and the Duke of Argyle, and not Mr. Bear, may be found to be correct after all. The fact is that " compensation " and " security " are not synonymous terms, as I think Mr. Bear would lead us to sup- pose. " Security" can convey nothing but safety to the capital invested ; " compensation " may convey a different meaning reward or recompense certainly. Under the term " security/' " outlay " must be the starting-point ; but the term " compensation " may apply to " outlay," or " improved value," or reward for services, so that care is required in select- ing the phrases. Landlords do not object to giving fair security for capital invested, based upon a proportionate amount of " outlay," provided the improvements are carried out with their consent, but they object to the term