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same by distress, or any other means by which Not to un- rents are recoverable by law. AND also, that he the said C. D., his executors and administrators, shall not, nor will, without the licence of the said A. B., his heirs or assigns, in writing, for that purpose first had and obtained, assign over the said hereditaments and premises, or any part thereof, during the term hereby granted to him, or agreed To cultivate so to be; but shall and will, during the said term, lands in a cultivate and improve the said lands, hereditaments, and premises, in a proper husbandlike manner, and shall spend and bestow on the said demised premises all the hay, straw, fodder, muck, dung, soil, and compost that shall be received, gathered, and made thereon during the said term;(9) and shall

proper hus. bandlike manner.

nalties.

Not to (g) Here may be added in respect to the land, "and shall not nor will plough, &c. plough nor break up any of the meadow or grass land belonging to the said As to mow. premises; and shall not nor will mow or take more than one crop of grass ing, or act- or hay off the said premises during the said term; and in case the said ing con- C. D., his executors or administrators, shall act contrary to the beforetrary to the mentioned agreement in this behalf, or at any time break up the meadow terms of the or grass land, so agreed to be let as aforesaid, then, and in that case, he or they shall and will pay, or cause to be paid, to the said C. D., his heirs or agreement to pay pe- assigns, when the same shall be by him or them demanded, for every acre of the said land so ploughed or broken up, an additional rent of £50. per acre, over and above the rent recovered, and such additional rent to be in the nature of liquidated damages, and not by way of penalty, and to be recovered as such in any court of law or equity, or by distress, according to the usual course of remedy by distress for rent in arrears, as the said C. D., his heirs or assigns, shall seem meet; and shall and will, at the end of the said term, leave all the dung and manure that shall have been made, or shall be on the premises, for the use of the said A. B., his heirs or assigns, or the coming-in tenant or tenants of the said premises; AND also, shall and will, at the end of the said term, leave all the hay which shall be on the said premises, for the use of the said A. B., his heirs or assigns, or the in-coming tenant, upon being paid by him or them a reasonable sum for the same; and in case of dispute as to such value, the same to be affixed by arbitration as hereinafter mentioned." Then after the covenant for praceable enjoyment, add the clause of arbitration,— Arbitration. "And it is hereby also mutually agreed, between the said parties, that if any dispute shall arise between them, as to the value of the hay so to be left on the said premises by the said C. D., (on his quitting as aforesaid,) for the said A B, or his in-coming tenant, and they cannot agree to determine the same, they, the said A. B. and C. D., shall, for the ending of such dispute, appoint two indifferent persons (one to be chosen by each party) to value the hay, and determine such dispute within twenty days next after such reference; and if such two persons cannot agree, then the same to be decided by a third person, to be by the said two referees nominated for that purpose, who shall determine the same within twenty days next after his appointment.

(Where the out-going tenant covenantes with landlord to leave the manure, and sell it to the in-coming tenant at a valuation to be made by certain persons, the effect of such covenant is to give the out-gone tenant a right of onstand for his manure upon the farm, and the possession of and property

and will, during the said term, keep open and cleanse all the drains and water-courses in and upon the said lands and premises, and every part thereof, in a good husbandlike manner. AND the said A. B., doth hereby for himself, his heirs, executors, and administrators, promise and agree, to and with the said C. D., his executors or administrators, that he the said C. D., his executors and administrators, performing the covenants and agreements hereinbefore contained, on his and their parts and behalves, shall and may peaceably hold the said hereditaments and premises, for the term of one year, without any hinderance or interruption whatsoever by the said A. B., his heirs or assigns, or any person or persons whomsoever.

(3.)

An Agreement with Conditions for letting a
Farm on Lease from Year to Year.(r)

CONDITIONS for letting of a messuage, dwelling- Conditions. house, farm, lands, and premises, called, &c., situate, &c., and containing the several quantities comprised in the schedule hereunder written, (or hereunto annexed,) set opposite to the names of the several pieces or parcels of land, in manner hereinafter mentioned, the property of C. D. of, &c., Esquire.

The said premises to be held from year to year, Term. commencing on the day of, &c., at the annual rent of £, payable half-yearly, (including the tithes thereof,) determinable by either landlord or tenant giving six calendar months' notice in writing, previous to the day of, &c., in any one year.

in it remains in him in the meantime; and therefore, if the in-coming tenant remove and use it before such valuation, he is answerable to the outgone tenant in trespass.-Beatty v. Gibbons, 16 East, 116.)

(r) Payment of rent, under an agreement for a lease, constitutes a teLaney from year to year.-Doe d. Westmorland v. Smith, 1 M. & R. 137. And the landlord may distrain.-Mann v. Lovejoy; and see Knight v. Bennett, 11 Moore, 222. 3 Bing. 361. Cox v. Bent, 2 M. & P. 211. Bing. 185. Doe d. Pritchard v. Dodd, 2 Nev. & M. 838. 5 B. & Adol.

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5

Taxes.

Timber.

And of game

Tenant-to bear all taxes for and in respect of the said premises (except land tax).

Exception of Landlord-reserves the mines, minerals, limestone, mines, &c. quarries, &c., with power to get, stack, convert coal, and carry away the same, making such reasonable satisfaction for all damages occasioned thereby, as shall be awarded by two indifferent persons, each party choosing one, or the umpire of such two persons. Landlord-reserves all timber, trees, and underwood, with privilege for the landlord, his servants, and workmen, to fall, convert, and carry away the same. Landlord-reserves the game and fish on the said premises, with liberty to sport thereon with servants, and other attendance doing no wilful damage thereby. Tenant-to use his best endeavours to preserve the game, and to warn all persons from sporting or trespassing thereon, and to permit his name to be made use of in any information or informations, action or actions, that may be brought against any person or persons for sporting or trespassing thereon, at the landlord's expense.

To preserve game.

To keep in repair.

Tenant-to keep and leave in good repair(s) the house, buildings, gardens, rails, and fences, belonging to the said premises, being allowed timber in the rough, bricks, tiles, and lime, at the kilns for that purpose, the tenant doing the carriage of the same; and also, in all cold and wet parts of the farm to As to ditches make the ditches to the fences at least four feet wide, and three feet deep, and as often as necessary cleanse out the same, and also the gutters used for the purpose of watering the meadow lands once in every year at the least, and to the end the same may be so kept, and left in repair in case the tenant shall neglect to do any of the repairs after having had three months' notice thereof, the landlord to be at liberty to do the same, and charge the cost

(s) Substantial repair is what is required, not a literal performance of the contract.-Harris v. Jones, 1 M. & Rob. 173. An agreement to leave of farm as the tenant found it, is a contract to leave it in good repair.Winn v. White, 2 W. Black. 840. An action may be maintained against a tenant at any time during the continuance of the term, for breaches committed upon a covenant to repair during such continuance.-Luxmore v. Robson, 1 B. & A. 584.

thereof to the tenant, who shall pay the same at the first rent day following; in default of which, the landlord to recover the same by distress, or any other means by which rents are recoverable by law.()

the hedges.

Tenant-to preserve the hedges on the said premi- To preserve ses, and only to plash them at proper seasons of the year; and when the land is in tillage, and to leave all young saplings that are likely to make timber, and to give notice to the steward in the month of September or October in each year, of all hedges intended to be plashed that season, to the end that such saplings may be marked to stand, the tenant afterwards to forfeit forty shillings for every one that may be wilfully or negligently injured or destroved.

the fruit

Tenant-to preserve the fruit trees from being To preserve injured or destroyed, and not to top, lop, or injure trees. any of the timber or other trees growing on the said premises, under the penalty of five pounds per tree (willows excepted).

Tenant-not to plough or break up any of the lands described in the under-written particulars or schedule, as meadow and pasture, under the penalty of thirty pounds per acre as additional rent.(u)

Tenant-not to mow any of the meadow, pasture, Not to mow or clover ground, twice in any one year, under the any meadow

A yearly tenant, in the absence of any stipulation to the contrary, is erly bound to fair and tenantable repairs, so far as to prevent waste or decay of the premises, and not substantial and lasting repairs.-2 Esp.590. And in such case is only bound to use the premises in a husbandlike manner, but no further.-Horsefall v. Mather, Holt, 7; and see Anworth v. Johnson, 6 C. & P. 239. And according to the case of Torriano v. Young, 6 C. & P. 8, a tenant from year to year is not liable to permissive waste, nor to make good mere wear and tear.

(a) Or thus:-tenant not to plough or break up any of the lands called or Not to break known by the names of, &c., under the penalty of, &c., per acre, additional up lands. rent: or, tenant in the spring season of 18 to lay down for permanent pas- To lay down ture the field called, &c., part of the said farm and premises, with at least four a certain pounds of good, sound red clover seed, four pounds of trefoil, eight pounds field for pasof white Dutch clover seed, and one peck of fine hay seeds, to an acre; the ture. same land being prepared and made clean, fit and proper for the same, by

different ploughings and sufficient harrowings, and afterwards not to be broken up under the like penalty; and to manure the said field in the last year after the same shall be so laid down, with twelve cubical yards of well reduced dung to an acre, or a compost of muck, lime, and soil, equal thereto.

clover

ground,

one year.

pasture or penalty of twenty pounds per acre; and within nine months after mowing any of the meadow, pasture, twice in any or clover ground, a second time, and so alternately to manure the same with twelve yards of good rotten dung, or with twenty yards of well-prepared compost, containing six yards of rotten dung, or two tons and a half of well-burnt lime, to each and every acre, or fertilize the same by means of water, to the satisfaction of the landlord.

Not to take more than

ploughed on

up, before

the

same shall be

summer fallowed.

Tenant-not to take more than-crops of grain one crop of or pulse from off any of the land allowed to be ploughed grain allow on the breaking up thereof, before the same shall be ed to be well summer fallowed; which fallowing to be perthe breaking formed in the next summer, by at least four ploughings, and sufficient harrowings between each ploughing, one such ploughing to be done before the month of April, and other three before, &c., nor to take more than one crop after such fallow before the lands be laid down again, except a turnip crop, (to be well hand-hoed,) or some other vegetable (potatoes excepted) to be eaten or consumed on the premises in a green state, or ploughed in for manure; the land so fallowed to be sown with barley the spring following, then to be laid down with fourteen pounds of good sound seeds per acre, in one of the following proportions, viz., five pounds of white Dutch clover, nine pounds of red clover, and one peck of fine rye grass: or, four pounds of white Dutch, four pounds of trefoil, and six pounds. of red clover, at the option of the tenant, the said lands not to be broken up again before the Michaelmas seedness after the expiration of two years, from the time of laying down, except the seeds should fail, in which case, with the consent of the landlord or steward, the land to be sown with beans in the spring previous to the time stipulated for breaking it up, and afterwards sown with wheat, first being limed with five tons of good well-burnt lime to each acre so sown, and afterwards fallowed in the regular course above mentioned.

To manure

Tenant-to manure the lands, when fallowed, with

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