or the rotation he is to observe, the tenant is feldom or never laid under any restrictions. If he pays his rent, he is allowed to do it in his own way. This liberty may in general be favourable to the tenant. But if he has not both skill and honefty to make the proper ufe of it, which is more than can always be expected, it may prove detrimental both to himfelf and to the landlord. Reftrictions, however, if at all proper, (except perhaps at the end of a leafe), ought to be few in their number, and general in their nature; fuch as the number of crops that fhould be taken, and that they fhould be white and green alternately. Inftructions and example may serve to fhow the farmer his intereft, and how foon he is convinced, he will no doubt purfue it.

A landlord, in letting his lands, ought to have in view the proper management of them, as well as a good tenant and an equal rent. The last of these objects, the rent, is too often the chief, if not the only one, that is attended to by many landlords; and it is fully accomplished by the common mode of receiving private offers; though the wifeft landlords do not always accept them, as they often proceed from ignorance, neceffity, or malice.

It must be allowed, indeed, that many landlords have no other way of knowing the value of their lands, or of bringing them up to an equal rent but this, or that of letting them by auction. They fay, with fome degree of justice, that the tenants only are to blame if they hurt themselves, when allowed to make their own rent. It may be alfo faid, that competition leads to exertion, and exertion to improvement, and improvement to the general good of the public.

When this mode is not adopted, every landlord fhould be at due pains to know the nature and value of his lands, the purpose for which they are beft adapted, the management that best suits them, and the rent which they can well bear. To this purpose he should apply them, this management he should prescribe, and this rent he fhould openly demand, and then

choose his tenant; giving always the preference to the one he has, if he has been found to deferve it. This would create confidence in the landlord, and give encouragement to improvement.

The length of the leafe fhould be proportioned to the improvements to be made on the farm; unless the landlord makes those improvements himfelf, and exacts intereft for his money. No wise tenant will lay out much on the improvement of his farm, or even of his ftock, if his lease is not long enough to reimburse him with intereft. On lands open, and fo little cultivated as most of this county, 19 years is thought too fhort a term for carrying on any great or permanent improvements. A farm in a bad condition, or exhausted state, takes more than half this time before it can be got into good heart and in good order: and by that time the farmer is difcouraged from proceeding, as he is not certain of reaping the fruit of his labours.

Short leases are a great obstacle to improvement; and long ones can hardly be expected while lands are so rapidly rifing in their value, and their produce yearly giving a higher price. It were much to be wished that fome plan could be devised, by which a tenant of skill, industry, and ability, could go on without interruption or dread of removal, while, at the fame time, the landlord should have an adequate rent for his lands. But fuch a plan, that could be accommodated to all times and places, it is difficult, if not impoffible, to contrive*.

A plan of this kind has been proposed by Lord Kames, and applauded by many. His Lordship proposes that leafes should confist of certain fixed periods, at the end of each of which (suppose 19 years) there should be a stipulated rife of the rent; allowing the tenant, upon giving due warning, to refign, if he pleases, at the end of each; and allowing the landlord upon the like warning to turn him out, provided he pays him 10 years purchase of the advanced rent, supposed to arise from the meliorations made by the tenant on the faith of his being continued in the poffeffion. If the tenant shall offer a still higher rent than was ftipulated, the landlord fhall pay him 10 years purchase of that offer alfo. This will encourage the farmer to improve with spirit, as at the worst he may expect a reasonable return for his exertions: and the landlord,

All leafes, except in the cafe of death or bankruptcy, should exclude affignees and fubtenants, in order to prevent one from oppreffing others, and it would be well if no farm was let to any who does not himself refide on it. Even the poor cottager is of fuch confequence to the landlord, as to merit such a stipulation in his favour as may fecure him from the oppreffion of any little tyrant. If fervices and public burdens are not entirely excluded from leases, as they ought, they should at leaft be few, and well defined, in order to prevent any disagreeable difference. For the fame reason the circuitous language of law, which plain farmers cannot understand, should as much as poffible be avoided.

Differences between Landlords and Tenants.

THESE feldom occur in this county, as the lands are for the moft part held by leafes which specify the covenants clearly, and contain few reftrictions. And where there are no leafes, there is no room for any difpute, as the fupreme law must be the landlord's pleasure. Most of the leffer and more frequent causes of difference, fuch as the repairs of houses, dikes, &c. are fettled by judicious men, who are fworn appraisers, appointed in every parish for such purposes.

This is an excellent inftitution, and it were much to be wished that a legal fanction could be obtained for having all

if he thinks it his intereft to remove him, can be no lofer in giving him fuch a remuneration for his improvements; as this would be as gainful to him as if he bought a new estate, free from taxes, for only 10 years purchase.

But it may be objected to this ingenious plan, that lands, without any melioration at all, may rife in the course of 19 years much higher than could have been foreseen or expected. In this case it would be hard that the landlord fhould either lofe the advantage he is juftly entitled to, or pay 10 years of the increased value, which took place in confequence of the times, and not of any meliorations made by the tenant. This matter, however, might pro bably be adjusted by arbiters mutually chofen.

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differences between one man and another, at least under 501. value, fettled by a jury of plain, honest, and intelligent men in every parish, which would fave many a tedious and expenfive process. In a county fo fcattered and extensive as this, a wife man will rather forego his intereft, than difpute it in a process before the Ordinary, who may be 50 or 100 miles diftant, and take perhaps seven years to determine it *. When juftice is thus diftant and difficult to get, few will be difpofed, and ftill fewer able to fue for it; and the honest and peaceable fubject will almost always be the lofer. The prosperity of the county could not fail to be greatly promoted by any measure that could alleviate this evil †.

in an

The writer had occafion lately to see a letter of the following tenor, swer to one craving payment of an account of long and forgotten matters: “ If,

as you fay, you have been these seven years defending me in a process at the inftance of A. B., of the C. floop of Lorne, it is strange, that in all that time "you never thought of letting me know what you were doing. If you had, "I could have informed you, that A. B., of the C. floop of Lorne, was dead "five years ago; and that as he died bankrupt, none could be so hardy as to "take up his quarrel."

The expence of recovering any ordinary debt, when meffengers, &c. must be sent to fuch a distance, may exceed twice its value, and verify the account which Gulliver gives of the laws of his country, that a man may be ruined by gaining a few causes.

Much good will arife from the late law, which gives to justices the power of determining all matters under 31. 6s. 8d. It would be defirable to have their power still more extended, to the price of a cow or horse, or a fervant's yearly wages (fay 181. or 201.), fo as to answer the ordinary transactions of the poor.

↑ "In Holland, burghers of established character, to whom the name of "Peace Makers is given, are chosen to determine any claims, when the fum does "not exceed 200 guilders (about 181.)." Howard's Account of the Lazarettos in Europe.

"In the Scilly Ifles, all civil matters are managed by what is called the "Court of Twelve; in which the commander in chief, the proprietor's agent, “and the chaplain, have their seats, in virtue of their offices; the other nine "are chosen by the people. Thefe decide, or rather compromise all diffe"rences, and punish small offences by fines, &c." Political Survey, Vol. I. P. 482.

SECT. VI.-Expences.

THOSE who have large poffeffions live well; those who have small ones live poorly. The small farmers, for nine or ten months in the year, make generally two, and sometimes three meals a-day of potatoes, with herrings or milk. Such as can afford it falt a cow in winter, and kill a fheep or two in harveft. Oatmeal pottage, or oatmeal jelly (fowens), make commonly the third meal a-day, with milk; and oaten or bear bread, when the potatoes fail, fupply their place. In Kintyre it is customary to take some thin pottage, or a little bread and milk, before they begin work in the morning; and after dinner, fhould it even be potatoes and herring, or flesh and broth, they have commonly a little bread and milk, by way of defert or fupplement. But neither of these customs are known in the other parts of the county.

In general most farmers live as they can afford; and as it would be difficult to find two farmers whofe fkill, industry, and attention, advantages and disadvantages, are the fame, so it would be difficult to find any two whofe expences exactly quadrate. Few ordinary farmers expect or accomplish more than to make their outlays and returns balance at the year's end. Of the manner of doing this an inftance follows.

Would not fome fimilar institution be of great ufe in all parishes, or at least in all parts that are remote from the ordinary seats of juftice? Something is wanted to make the course of juftiee more expeditious and easy.

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