The Agricultural Holdings (Scotland) Act, 1923, already re ferred to incidentally, contains provisions as to a tenant's right to compensation for unexhausted improvements, removal for non payment of rent, notice to quit at the termination of a tenancy, and a tenant's property in fixtures. The Small Landholders (Scotland) Acts 1886 to 1911 confer on landholders special rights. A landholder is defined as a tenant of a holding—being arable or pasture land, or partly arable and partly pasture land— from year to year who resides on or within two miles of his holding which does not exceed 5o ac. in extent and £50 in rental. The landholder enjoys a perpetual tenure subject to the ful filment of certain conditions as to payment of rent, non-assign ment of tenancy, etc., and to defeasance at his own option on giving one year's notice to the landlord. A land court set up by the act of 1911 has jurisdiction to determine disputes between the landholder and the proprietor of the holding.
II. Building or Long Leases.—Under these leases, the term of which is usually 99 and sometimes 999 years, the tenant is to a certain extent in the position of a fee simple proprietor, ex cept that his right is terminable, and that he can only exercise such rights of ownership as are conferred on him either by statute or by the terms of his lease. Extensive powers of entering into such leases have been given by statute to trustees (Trusts [Scotland] Act, 1921, S. 4) and subject to the authority of the court to heirs of entail (Entail Acts, 1840, 1849, 1882). Where long leases are "probative," i.e., holograph or duly tested, and have an endurance of 31 years or upwards, they may be recorded for publication in the Land Register and such publication has the effect of possession (Registration of Leases [Scotland] Act, 1857). (J. W.) Ireland.—The law of landlord and tenant was originally sub stantially the same as that described for England. But the modern Land Acts have readjusted the relation between landlords and tenants, while the Land Purchase Acts have aimed at abolish ing those relations by enabling the tenant to become the owner of his holding. The way was paved for these changes by the existence in Ulster of a local custom having virtually the force of law, which had two main features—fixity of tenure, and free right of sale by the tenant of his interest. These principles, with the addition of that of fair rents settled by judicial means, were gradually established by the Land Acts of 1870 and subsequent years, and the whole system was remodelled by the Land Pur chase Acts. The Land Act, 1923 (No. 42 of 1923) completes the work begun in 1870 and continued during the latter half of last century to enable Irish agricultural tenants to become the owners of their holdings. (See IRELAND.) Other Countries.—In France, the Code Civil recognizes two relationships between landlord and tenant, the letting to hire of houses (bail a loyer) and the letting to farm of rural properties (bail a ferme). To a certain extent, both forms of tenancy are governed by the same rules. The letting may be either written or verbal. But a verbal lease presents this disadvantage that, if it is unperformed and one of the parties denies its existence, it cannot be proved by witnesses. The party who denies the letting can only be put to his oath (Arts. 17,14-15). It may further be noted that in the case of a verbal lease, notice to quit is regulated by the custom of the place (Art. 1736). The tenant or farmer has the right of underletting or assigning his lease, in the absence of prohibiting stipulation (Art. 1717). The lessor is bound by the nature of his contract and without the need of any particular stipulation (i.) to deliver to the lessee the thing hired in a good state of repair; (ii.) to maintain it in a state to serve the purpose for which it has been hired; (iii.) to secure to the lessee peace able enjoyment during the continuance of the lease (Arts. 1719 20). He is bound to warrant the lessee against, and to indemnify him for, any loss arisibg from any faults or defects in the thing hired which prevent its use, even though he was not aware of them at the time of the lease (Art. 1721). If during the continuance of the letting, the thing hired is entirely destroyed by accident, the lease is cancelled. In case of partial destruction, the lessee may according to circumstances, demand either a diminution of the price, or the cancellation of the lease. In neither case is there
ground for damages (Art. 1722). The lessor cannot, during the lease, change the form of the thing hired (Art. 1723). The lessee is bound, on his side (i.) to use the thing hired like a good head of a household (bon pere de famille), in accordance with the express or presumed of the hiring; (ii.) to pay the price of the hiring at the times agreed (Art. 1728). On breach of the former obligation, the lease may be judicially cancelled (Art. 1729). (As to the consequences of breach of the latter, see RENT.) If a state ment of the condition of the property (etat des lieux) has been prepared, the lessee must give it up such as he received it accord ing to the statement, except what has perished or decayed by age or by means of force majeure (Art. 1730). In the absence of an etat des lieu; the lessee is presumed to have received the thing hired in a good state of tenantable repair, and must so yield it up, saving proof to the contrary (Art. i731). He is liable for injuries or losses happening during his enjoyment, unless he prove that they have taken place without his fault (Art. 1732) ; in particular, for loss by fire unless he show that the fire hap pened by accident, force majeure, or defect of construction, or through communication from a neighbouring house (Art. 1733). The lessee is liable for injuries and losses happening by the act of persons belonging to his house or of his sub-tenants (Art. 1735). A lease terminates (i.) at the expiration of the prescribed term (Art. 1737)—if at that period the lessee remains and is left in possession, there is, in the case of written leases, a tacit renewal (tacite reconduction) of the lease as a verbal lease (Arts. 1738 39) ; (ii.) by the loss of the thing hired and by the default of the lessor or lessee in the fulfilment of their respective obligations (Art. 1741), but (iii.) not by the death either of the lessor or of the lessee (Art. 1742). Conditions of EJECTMENT are stated under that heading. The special rules (Arts. 1752-62) relative to the hire of houses are touched upon in LODGER AND LODGINGS. It only remains here to refer to those applicable to leases to farm. The lessee is bound to stock the farm with the cattle and imple ments necessary for its husbandry (Art. 1766), and to stack in the places appointed for the purpose in the lease (Art. 1767). A lessee, who farms on condition of dividing the produce with the lessor, can only underlet or assign if he is expressly empowered to do so by the lease (Art. 1763). The lessee must give notice to the lessor of any acts of usurpation committed on the property (Art. 1768). The outgoing must leave for the incoming tenant convenient housing and other facilities for the labours of the year following ; the incoming must procure for the outgoing tenant conveniences for the consumption of his fodder and for the harvests remaining to be got in. In either case the custom of the place is to be followed (Art. 1777). The outgoing tenant must leave the straw and manure of the year, if he received them at the beginning of his lease, and even where he has not so received them, the owner may retain them according to valuation (Art. 1778). A word must be added as to letting by cheptel (bail a cheptel)—a contract by which one of the parties gives to the other a stock of cattle to keep under conditions agreed on between them (Art. 1800). There are several varieties of the contract: (i.) simple cheptel (cheptel simple) in which the whole stock is supplied by the lessor—the lessee taking half the profit and bearing half the loss (Art. ; cheptel by moiety (cheptel a moietie)—here each of the contracting parties fur nishes half of the stock, which remains common for profit or loss (Art. 1818) ; (iii.) cheptel given to a farmer (fermier) or par ticipating cultivator (colon partiaire)—in the cheptel given to the farmer (also called cheptel de fer) stock of the value equal to the estimated price of the stock given must be left at the expiry of the lease (Art. 1821) ; cheptel given to the participating cultivator resembles simple cheptel, except in points of detail (Arts. 1827-30) ; (iv.) the term "cheptel" is also improperly applied to a contract by which cattle are given to be housed and fed—here the lessor retains the ownership, but has only the profit of the calves (Art. 1831).