Keep main revo steam to ing and working such power looms and other machinery as PREC. xx. the lessee shall affix or set up in or upon the sd premes hby demised or any pt thof: [AND ALSO will at all such times as shaft going afsd keep the main shaft in the lower room of the sd mill to lutions per revolutions per minute, the number of such revolutions minute." being ascertained in the usual mner by a timepiece to be placed in a conspicuous pt of the premes, and to be provd, fixed, and regulated at the expense of the lessee:] AND Provide ALSO will during the sd term provide steam sufficient for heat rooms heating the sd rooms hby demised, and for the preparation and yarn. of the yarn previous to its being woven: AND ALSO will Keep during the sd term keep the main mill gearing in the lower in repair. room of the sd mill, and the main upright shafting in the sd three rooms of the sd building, in good and sufficient repair and working order, and to keep in repair, “the outside walls, floors, and roofs hby demised and the sd staircase hinbefore mentd, p. 628, slightly altered, for quiet enjoyment, p. 641. Arbitration clause, p. 648. IN WITNESS, &c. gearing LEASES (AGRICULTURAL) (a). Reserva tion of RESERVATIONS (b). I. EXCEPT AND RESERVING unto the lessor all timber, timber (c). timber-like trees, tellers and saplings likely to become. timber [and the bodies of all pollards, and the tops and lops of all such trees as have never been topped or lopped as pollards], now standing or growing, or which during the term hby granted may be standing or growing, upon the sd demised premes, or any pt thof [with free liberty of ingress, egress, and regress, way, and passage for the lessor, his agents, servants, and workmen, at all reasonable times. to view, grub up, fell and cut down, and with horses, cattle, and carts, and otherwise, to take and carry away the sd timber and other trees [and pollards], and the tops and lops thof, and for such pposes to make and erect all necessary sheds and sawpits and other conveniences on the sd demised premes, doing no wilful spoil or damage to the corn, grass, hay, or other crops of the lessee, and paying to him a fair (a) In preparing leases or agreements for yearly tenancies of farms, the following points must be attended to :-First. Is the tenant to be bound to use any special rotation of crops, and, in particular, is he to be bound to do so in the last year, or last two years of the term? Second. Is he to treat the meadow-land in any particular manner? Third. If there are underwoods, is he to be restricted as to cutting them? Fourth. Is the nature and amount of compensation for unexhausted improvements, including the valuation of the crops and tillage, to be defined in the lease or agreement, or, is it to be according to the custom of the country (in either of which cases the operation of the Agricultural Holdings (England) Act, 1875, 38 & 39 Vict. c. 92. should be expressly excluded), or is it to be determined according to the Act? (b) See also p. 622, et seq. (c) For distinction between "timber" and "underwood," see Lord Fitzhardinge v. Pritchett, L. R. 2 Q. B. 135; Dart, V. & P. 5th ed. 133. compensation for all damage actually done, the amount thof in case of dispute to be settled by arbitration in mner hinafter provd]. mine II. EXCEPT AND RESERVING unto the lessor all [coal, iron- Reservastone, ores, quarries, stone, brick-earth, sand, gravel, and tion of other] mines and minerals in, under, or upon the sd premes rals (d). or any pt thof [with free liberty of ingress, egress, and regress, way and passage for the lessor, his agents, servants, and workmen, to dig, search for, get, dress, make merchantable, and carry away the sd [coal, &c., as above, and other] mines and minerals, and for the several pposes afsd to sink such pits and shafts, and to make and erect such engines, machinery, buildings, erections, works, and conveniences, on the sd demised premes as may be requisite or convenient, doing no wilful spoil, &c., as in last form]. tion of III. EXCEPT AND RESERVING to the lessor all timber and Reservaother trees, and all [coal, &c., as above, and other] mines timber and and minerals, with free access to cut, work, and carry away Short the same resply. minerals. form. tion of IV. EXCEPT AND RESERVING to the lessor, subjt to the Reservaprovons of the Ground Game Act, 1880 (e), all game sporting. [woodcocks, snipes, quails, landrails (ƒ)] wild fowl, rabbits, Full form. and fish, with the exclusive right for him, and all psons authorised by him, at all times, of preserving the same, and of hunting, shooting, fishing, coursing, and sporting, over and on the sd demised premes. Short v. RESERVING to the lessor, subjt to the provons of the The same. Ground Game Act, 1880, the exclusive right to all game form. and rabbits, and to preserve the same on the premes, with liberty to shoot, fish, hunt, course, and sport thereon. (d) As to the meaning of "mines” and “minerals," see Hext v. Gill, L. R. 7 Ch. Ap. 699; Tucker v. Lingen, 30 W. R. 425, 578; Bell v. Wilson, L. R. 1. Ch. Ap. 303; Att.-Gen. for Isle of Man v. Mylchreest, 4 App. Cas. 294, and see the cases cited in Midland Ry. Co. v. Haunchwood Brick and Tile Co., 20 Ch. D. 552. (e) 43 & 44 Vict. c. 47. (ƒ) The birds included in the brackets are not game, see the Game Act 1 & 2 Will. IV. c. 32, s. 3, but are within the Game Licence Act, 23 & 24 Vict. c. 90. resume possession of part of land (f). Liberty to VI. RESERVING nevertheless to the lessor liberty at any time during the term hby granted to resume possion of any pt or pts [not exceeding in the whole acres] of the sd premes for the ppose of, or, "for any of the pposes specified in the 52nd section of the Agricultural Holdings (England) Act, 1875" (g), making compensation for the same by a reduction of the rent hby reserved at the rate of £ per annum per acre of the land of which possion shall be so resumed, the amount of such reduction to be fixed in case of dispute by arbitration, or, "making compensation for the same by a reduction of rent and otherwise, in mner provd by the sd 52nd section of the sd Act," [and the covenants and provons herein contd shall be applicable to the land of which possion shall be so resumed in the same mner as far as may be, as if the demise thof had expired by effluxion of time]. Penal rents (i). REDDENDUM (h). I. AND ALSO PAYING in like mner the further yearly rent of £ for every acre of meadow-land, and so in proportion for any less quantity than an acre, which shall at any time be ploughed, broken up, sown, or converted into tillage, without the consent in writing of the lessor, or his agent: [AND AN additional rent of £ for every acre, and so in proportion for any less quantity than an acre, of arable land which shall at any time be cultivated otherwise than according to the covenants hinafter contd without the consent in writing of the lessor, or his agent]: [each] such additional rent to commence from the happening of the event on which the same is to arise, and to be payable on the quarterly days afsd during the then residue of the term hby granted: [AND AN additional rent of £- for every ton of hay, straw, (f) See 5 Davidson's Prec., p. 213, note. (i) See also p. 625 and the note. manure, or root crops, which shall at any time during the continuance of this demise, be removed from the demised premes without the consent in writing of the lessor, or his agent], [each] such last-mentd additional rent to be payable on such quarterly days afsd as shall first happen after the happening of the event on which the same is made payable, but not to continue as a periodical payment. rent for II. AND ALSO PAYING in like mner such further rent as Additional shall be equal to £5 per centum per annum upon all monies improveand expenses [over the sum of £-] which may be ments. laid out or incurred by the lessor at the request of the lessee, in or otherwise incidental to the erecting of any new building or the re-building or adding to existing buildings on or in underdraining or otherwise improving the sd demised premes; such last-mentd rent to commence and be payable from the half-yearly day for paymt of rent which shall happen next after the day on which any monies or expenses shall be so laid out or incurred. III. THE SD RENT [SEVERAL RENTS] to be paid clear of all Rents to be paid clear deductions, except landlord's property tax [land tax and of deductithe-rent charge, and except the excess of any scot (i) or tions. drainage-rate over -s. per acre in any one year]. LESSEE'S COVENANTS (k). and paint. I. AND ALSO will [on being allowed by the lessor rough To repair timber, lime for mortar, bricks, and tiles for that ppose on the sd premes or within miles thof] at all times during the sd term keep in good repair and condon the farmhouse (1) Some such provision appears proper in cases of fen or marsh lands, where, owing to a breach in the sea walls, or dykes, a large scot may have to be levied. (k) See p. 626. |