Page images
PDF
EPUB

have been so given or left as afsd, to the satisfaction of

the lessor or his agent.

XXVII. AND ALSO will not, without the consent in writing To protect of the lessor, or his agent, use upon the demised premes game. any gun, weapon, net, or other instrumt for the destruction of game, woodcocks, snipes, quails, landrails, wildfowl, rabbits, or fish (save as provd by the Ground Game Act, 1880), but will protect and preserve the same, and the nests and eggs of all such birds as aforesd, and at the request of the lessor, or his agent, will give notice to any pson to be named by him not to come upon [and will warn off all psons trespassing upon] the demised premes for the ppose of killing, taking, searching for, or following the same, and will also allow his name to be used in any information, action, or prosecution for such trespass, on being saved harmless against all costs and damages by reason thof.

form.

XXVIII. AND ALSO will use his best endeavours to assist The same. in the preservation of the feathered game by protecting the Another nests, and by preventing disturbance of the birds by dogs during the nesting season.

underlet.

XXIX. AND ALSO will not without the consent in writing Not to of the lessor, or his agent [take in any horses, cattle, or assign or sheep, to graze on], or assign, underlet, or part with the possion of, the demised premes or any part thof [except by subletting the cottages to weekly tenants].

of cultiva.

XXX. AND ALSO will not sow or plant during the last As to mole three years of the sd term any pt of the demised premes in at end with two crops in succession of any of the descriptions com- of term monly called white or exhausting crops, including therein (m). wheat, oats, barley, and rye, without a fallow or green crop properly hoed and cleaned intervening between such two white crops, every such green crop to be consumed on the demised premes, and will not during the sd three years

(m) This form is adapted to the case of the tenant not being bound to adopt any special mode of cultivation during the greater part of the term, and is in use on the estates of one of the largest landowners in the country. See also Prec. II., p. 725; Prec. IV., pp. 734, 735.

plant more than one crop of potatoes in any one field: AND FURTHER Will at the commencemt of each of the last two years of the sd term sow such pt of the land as shall have been cultivated for green crops or fallow, and properly manured in the preceding season, not being less than one-sixth pt at the least of the arable land hby demised, with a sufficient quantity of good clover or other grass seeds, and properly harrow in the same: PROVD THAT on this covenant being duly performed, the lessor shall pay for such clover and grass seeds as shall be sown in the last year of the sd term, and on which no cattle, sheep, or other live stock shall have been depastured, the amount so to be paid to be settled in case of dispute by arbitration: AND FURTHER that the lessee will leave in the last year of the sd term (subjt as hinafter is mentd), properly fallowed and sown with turnips or other root crop or green crop properly hoed and managed, the one-fourth pt of the arable lands hby demised which shall in such last year be in course of succession to be cultivated for root crops, green crops, or fallows, on being paid for the labour and seed properly bestowed on the sd land, the amount so to be paid to be settled in case of dispute by arbitration: PROVD THAT the lessor or the incoming tenant may, if he think fit, enter and make the fallows, and the lessee will in such case permit him, with his servants, carts, horses, ploughs, and other implemts, to enter upon such lands so to be left to be fallowed as afsd, at any time or times after the commencemt of the last year of the sd term, for the purpose of breaking up, ploughing, fallowing, manuring, sowing, and otherwise preparing the same in the usual course of agriculture: AND FURTHER will leave at the expiration of the sd term one-sixth part of the arable land in clover ley of one year's continuance only, and permit the incoming tenant, if he shall so desire, at any time or times after the 24th day of August next preceding the expiration of the sd term, to enter upon, break up, plough, fallow, dung, manure, sow, and otherwise prepare and manage the lands so to be left in clover ley as he shall think fit.

form.

XXXI. AND ALSO will in the last year of the sd term leave The same. all clover, seeds, hay, straw, dung, muck, and manure which Another shall be produced on the premes in such year for the use of the lessor, but will not do any labour or carriage thto without a direction in writing from him or his agent: AND WILL in the same year leave one-fourth part of the arable land equal in goodness to the general average of the whole arable land in a summer fallow or other proper preparation for a wheat crop, one other fourth part thof in a barley or oat stubble, one other fourth part thof in a wheat stubble, and the remaining fourth part thof in a seed ley: AND WILL plough and prepare for the sd wheat crop in a proper mner under the direction of the lessor or his agent, in default whof it shall be lawful for the lessor, or the incoming tenant, to enter on the demised premes with servants, horses, carts, ploughs, and other necessary implemts, and to do such ploughing and preparation : AND ALSO in such last year will, if desired by the lessor, or his agent, but not otherwise, sow, roll, and harrow in seeds with any corn which shall be sown on the sd premes, and not suffer such seeds to be depastured.

XXXII. AND ALSO will at the expiration or sooner deter- To deliver mination of this demise deliver up the demised premes and up. all additions thto [except such fixtures and buildings (n) as the lessee shall be entled to remove under or by virtue of any Act of Parliament, and which the lessor shall not have elected to pchase] in such good and complete repair, and in such state and condon as the same ought to be in, having regard to the covenants hinbefore contd.

(n) See 14 & 15 Vict. c. 25, s. 3, and the Agricultural Holdings (England) Act, 1875, 38 & 39 Vict. c. 92, s. 53.

To keep

of the

LESSOR'S COVENANTS.

I. THAT HE, the lessor, will at all times during the conthe exterior tinuance of the sd term repair and keep in repair the farmhouse exterior, and when necessary paint the external wood and in repair. ironwork of the farmhouse.

To rebuild buildings burnt down.

To provide materials

for repairs.

To allow

lessee to get chalk.

To allow

lessee to

destroy

II. AND ALSO that if the farmhouse, buildings, and barns, for the time being standing on the demised premes, or any of them, or any pt thof resply, shall at any time during the sd term be destroyed or damaged by fire, except by the wilful neglect or default of the lessee, or his servants, or workmen, then and so often as the same shall happen, and within calendar months thereafter, the lessor will at his own cost sufficiently rebuild, restore, and repair the premes which shall be so destroyed or damaged.

III. AND ALSO will at all times during the sd term, when required and on receiving reasble notice, provide within miles of the farmhouse rough timber [bricks, slates, tiles, lime, nails, and iron, except iron gates and hurdles] for repairs required on the sd demised premes.

IV. AND ALSO will at all times during the sd term allow the lessee, at his own expense, to get and carry away so much chalk from the — chalk pit as may be required for use on the demised premes.

V. AND ALSO will allow the lessee to destroy and take rabbits on the demised premes and in the hedges or banks rabbits (o). adjoining the same and belonging to the lessor, at any time during the year by ferreting with nets, without dog or gun, [and by the use of dogs and guns from the first day of February to the first day of April in each year, and by means of spring traps set in the rabbit holes and not above ground between the thirtieth day of September and the first

(0) The rights given by this clause to the lessee, which of course are in addition to those given by the Ground Game Act, 1880, are more beneficial to him than those given by the Act.

day of April, provd that the lessee shall communicate in writing to the lessor, the names of the psons to be employed for trapping.] Provd also that the ferreting [or shooting] party shall never exceed in number, and that if any holes are made they shall be properly filled in and levelled after ferreting, and that if hedges or banks shall be damaged they shall be at once repaired by the lessee, at his own expense.

compensa

done by

VI. AND ALSO will pay the lessee for all injury or damage To pay done to wheat, oats, or root crops, by hares or rabbits, tion for provd that within days of any damage being done in mischief respect of which compensation shall be claimed, the lessee ground shall give notice thof in writing to the lessor, or his agent. game. The amount of such compensation shall, if disputed, be settled by arbitration, and shall become payable on the next or day of that shall occur after

day of the same shall have been determined.

tion at end

ed im

VII. AND ALSO will on the expiration of the tenancy pay Compensa or allow to the lessee compensation, the amount thof to be of lease for determined in case of dispute by arbitration, for the benefit unexhaustderived by the lessor, from-FIRST, Permanent improvemts provemade by the lessee, with the consent in writing of the lessor ments. or his agent, on the demised premes; SECONDLY, For the bones or other artificial manure which shall during the last two years of the tenancy be with the like consent brought and spread on the demised premes; THIRDLY, For the oilcake or other food brought and consumed during the last two years of the tenancy on the demised premes: so that the amount of such bones, artificial manure, oil-cake, or other food so brought and consumed, or spread, in either of the sd two years, does not exceed the average annual quantity brought and consumed, or spread, during the three years immediately preceding the two last years of the tenancy; and so that the amount of such compensation shall not exceed onethird part of the value of the bones, artificial manure, oilcake, or other food brought and consumed, or spread, during the last year of the tenancy, togr with one-sixth part of

« EelmineJätka »