agents, servants, & workmen, at all reasble times to view, grub up, fell & cut down, & with horses, cattle, & carts, & orwise, to take & carry away the sd timber & other trees [& pollards], & the tops & lops thof, & for such pposes to make & erect all necy sheds & sawpits & other convenices on the sd demised premes, doing no wilful spoil or damage to the corn, grass, hay, or other crops of the lessee, & payg to him a fair compenson for all damage actually done, the amt thof in case of dispute to be settled by arbitron].

minerals

II. EXCEPT & RESERVG unto the lessor all [coal, ironstone, Reservaores, quarries, stone, brick-earth, sand, gravel, & other] mines tion of & minls in, under, or upon the sd premes or any pt thof [with (d). free liberty of ingress, egress, & regress, way & passage for the lessor, his agents, servants, & workmen to dig, search for, get, dress, make merchantable, & carry away the sd [coal, &c., as above, & other] mines & minls, & for the sevl pposes afsd to sink such pits & shafts, & to make & erect such engines, machy, bldgs, erons, works, & convenices, on the sd demised premes as may be requisite or convenient, doing no wilful spoil, &c., as in last form.

III. EXCEPT & RESERVG to the lessor all timber & other trees, Reserva& all mines & minls, with free access to cut, work, & carry

away the same resply.

IV. EXCEPT & RESERVG to the lessor, subjt to the provons of the Ground Game Act, 1880 (f), all game [woodcocks, snipes, quails, landrails (g)], wild fowl, rabbits, & fish, with the exclusive rt for him, & all psons authorised by him, at all times, of preservg the same, & of huntg, shootg, fishg, coursg, & sportg, over & on the sd demised premes.

(d) As to the meaning of "mines" and "minerals," see Hext v. Gill, 7 Ch. 699; Tucker v. Linger, 8 App. Cas. 508; Bell v. Wilson, 1 Ch. 303; Att.-Gen. for Isle of Man v. Mylchreest, 4 App. Cas. 294; Midland Ry. Co. v. Haunchwood Brick and Tile Co., 20 Ch. D. 552; Lord Provost of Glasgow v. Farie, 13 App. Cas. 657; Earl of Jersey v. Neath Union, 22 Q. B. D. 555; Midland Ry. Co. v. Robinson, 15 App. Cas. 19; Elph. N. & C. Interp. Deeds, p. 603.

(e) As to the lessor's liability for injury to crops from overstocking with game, see Farrer v. Nelson, 15 Q. B. D. 258.

(f) 43 & 44 Vict. c. 47.

(g) 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 & Vict. c. 99).

tion of timber and minerals. Short

The same. Short form.

V. RESERVG to the lessor, subjt to the provons of the Ground Game Act, 1880, the exclusive rt to all game & rabbits, & to preserve the same on the premes, with liberty to shoot, fish, hunt, course, & sport thron.

Penal

rents for meadow

land broken up (b).

Do. for improper

REDDENDUM (a).

I. AND ALSO PAYG in like mner the further yrly rent of £- for every acre of meadow-land, & so in proportion for any less quantity than an acre, wch shl at any time be ploughed, broken up, sown, or converted into tillage, witht the consent in writg of the lessor, or his agent, such addonal rent to commce from the happeng of the event on wch the same is to arise, & to be payable on the qtrly days afsd durg the then residue of the term hby grted.

II. AND AN addonal rent of £

for every acre, & so in cultivation. proportion for any less quantity than an acre, of arable land. wch shl at any time be cultivated orwise than accdg to the covts hinafter contd witht the consent in writg of the lessor, or his agent, such addonal rent, &c., as in last form.

Do. for improvements not

III. AND A further yrly rent of £- for every acre of land on wch improvemts shl be exted by the lessee in respt whof notified by compenson may be payable under these psnts or by statute, & lessee (c).

As to right of distress.

As to effect
of Bills of
Sale Acts
on power
of distress.

As to best rent.

(a) See p. 676; and see the recent statutory restrictions on the right of distress for rent referred to, p. 676, note; especially the Agricultural Holdings (England) Act, 1883, ss. 44-47; and see 51 & 52 Vict. c. 21, which by s. 9 repeals ss. 49-52 of the former Act; and the following decisions on the Act of 1883, London, &c., Bank v. Belton, 15 Q. B. D. 457; Ex parte Bull, 18 Q. B. D. 642; Masters v. Green, 20 Q. B. D. 807.

A provision is often inserted making moneys (other than rent) becoming due to the lessor recoverable by distress in the same manner as rent in arrear, but as such a provision is invalidated by the Bills of Sale Acts (see p. 683, note), it is omitted in these forms. A clause is also sometimes inserted extending the ordinary power of distress for rent to things not distrainable at common law; but this also, whether applying to movable chattels or fixtures, is avoided by the same Acts.

By s. 43 of the Act of 1883, where a lease is granted under a power requiring the best rent to be reserved, the increase in the value of the holding arising from improvements made or paid for by the tenant need not be taken into account.

(b) See also p. 678, and the note.

(c) See covenant, infra, p. 769.

day of

of the parlars of wch the lessee shl fail to deliver to the lessor
or his agent such statemt in writg as hinafter covted to be
delivered previously to the
next follg or in
referce to wch the lessee shl when required by the lessor as
hinafter provd refuse or neglect to produce full vouchers &
rects for the same, such addonal rent of £, to commce, &c.,
as in form I.

rents for removing

IV. AND AN addonal rent of £ for every ton of hay, Penal straw, manure, or root crops, wch shl at any time durg the continuce of this demise, be removed from the demised manure. premes witht the consent in wiitg of the lessor, or his agent, such last-mentd addonal rent to be payable on such qtrly days afsd as shl first happen after the happeng of the event on wch the same is made payable, but not to continue as a periodical paymt.

V. AND ALSO PAYG in like mner such further rent as shl be Additional rent for eql to £5 p.c. p.a. upon all moys & expses [over the sum of improve

lessor.

wch may be laid out or incurred by the lessor at the ments by reqt of the lessee, in or incidental to the erectg of any new bldg or the re-bldg or addg to existg bldgs on, or in underdraing or orwise improvg the sd demised premes: such lastmentd rent to commce & be payable from the half-yrly day for paymt of rent wch shl happen next after the day on wch any moys or expses shl be so laid out or incurred.

VI. THE SD RENT [SEVL RENTS] to be pd clear of all dedons, Rents to be paid clear except landlord's ppty tax [& land tax, & except the excess of deducof any scot (e) or drainage-rate over one yr].

s. per acre in any tions (d).

(d) As to the set-off of compensation due to the tenant, see the Agricultural Holdings (England) Act, 1883, s. 47. By the Tithe Act, 1891 (54 Vict. c. 8), tithe rent-charge is, after the 26th March, 1891, the date of the passing of that Act, made payable by the owner, and an agreement since that date for its payment by the occupier is void (s. 1); but the Act does not apply (see s. 9) to a rent-charge payable under the Extraordinary Tithe Redemption Act, 1886, nor a rent-charge payable under the Tithe Act, 1860, in respect of tithe on any gated or stinted pasture, nor to a rate for each head of cattle turned on common land. Such charges may therefore still be agreed to be paid by the occupier and deducted from the rent.

(e) 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.

To repair

LESSEE'S COVENANTS (a).

I. AND ALSO will [on being allowed by the lessor rough and paint. timber, lime for mortar, bricks, & tiles for that ppose on the sd premes or within miles thof] at all times durg the sd term keep in good repair & condon the farmhouse & all farm bldgs, cottages, barns, sheds, & other erons, gates, stiles, bridges, culverts, ditches, watercourses, walls, fences & hedges for the time being on the demised premes: AND WILL at least once in every yrs durg the sd term, or oftener if necy, paint or tar such pts of the same as have been usually painted or tarred. See Prec. 1II., clause 9, p. 784.

The same.
Another

form.

To clean out ditches.

Pay for draining.

II. AND ALSO will at all times durg the sd term keep the bldgs, gates & fences of the sd premes in pper repair [damage by fire & tempest excepted], being allowed half the cost of such repairs, except for thatched bldgs the roofs of wch shl be repaired entirely at the expse of the lessee: AND WILL at all times durg the sd term paint the internal woodwork of the farmhouse at least once in every ten yrs, & the outside of the farmhouse, & such pts of the bldgs as have usually been painted, once in every five yrs with two good coats of oilpaint, & will tar the other outside woodwork of the farm bldgs once in every ten yrs, being allowed half the cost of such paintg & tarrg.

III. AND ALSO will throughout the sd term clean out at least once durg every yr in a pper mner, & keep in good order all the ditches, watercourses, sluices, sewers, & drains belongg to the demised premes.

IV. AND ALSO will, on the lessor supplyg on the sd demised premes, or within miles thof, pper pipes, pay for all labour, & other expses, in draing the sd land [being allowed such compenson for the same at the expiron of the tenancy as is proved by the scale contd in the schdle hto (b), & so that the notice required by the 4th section of the Agricultural

(a) For the commencement of the covenants, and the covenants to pay rent, and rates and taxes, see p. 679.

(b) If the general provision as to compensation, infra, p. 776, is adopted, say, such compenson for the same as is hby & by statute provd." See the Act of 1883, ss. 4, 55; and as to set-off by the landlord, see s. 6; and see note, p. 773.

Holdings (England) Act, 1883, is hby dispensed with]. And further that no pipe-drain shl, witht the consent in writg of the lessor, or his agent, be laid at a less depth than — feet from the surface of the ground, & that every such pipe-drain shl communicate with a ditch.

V. AND ALSO will not witht the consent in writg of the lessor or his agent, materially alter the psnt laying out, arrangemt, or condon of the sd demised premes.

VI. AND ALSO will at all times durg the sd term reside at the farmhouse on the demised premes unless authorised in writg by the lessor or his agent not to do so.

Not to dition of

alter con

premises.

To reside.

vate ac

cording to

VII. AND ALSO will cultivate & manage all the demised premes To cultiin accordce with the best & most improved, or, "the fourcourse," or, "five-course" system of husbandry as practised custom (c). or in use in the coy of [so far as such system may not be inconsistent with any of the special provons hrin contd], & will keep the land clean & in good heart & condon.

form.

VIII. AND WILL in all respts cultivate & manage the farm & The same. lands hby demised & every pt thof in a good, pper, & husband- Another like mner, accdg to the best rules of husbandry practised in the neighbourhood (d).

IX. AND WILL not grow more than two crops of white corn, Special provisions or any two crops of the same kind in immediate succession: as to arable AND WILL not after notice to quit has been given or reced take land. a second white straw crop off the same land wch has borne such a crop in the precedg yr witht such consent as afsd: AND WILL Sow not less than one-sixth pt of the arable land with a pper proportion of clover & grass seeds in each & every yr along with the first crop after summer fallow turnips or other fallow crop.

cultivate

X. AND ALSO will not grow hemp, flax, teazles, or woad, or Not to any other unusual or exhaustg crops on the demised premes specified witht the previous consent in writg of the lessor or his agent, crops. nor witht such consent leave for seed in any yr on the demised

(c) The following clauses as to the mode of cultivation are for the most part common; but the exact provisions must depend on the local custom, or on the circumstances of each case. For other forms, see the Precedents. (d) As to the conversion of arable or pasture lands into market gardens, and erecting glass houses, if profitable, and usual in the neighbourhood, not being a breach of this covenant, and as to "ameliorating waste" generally, see Meux v. Cobley, [1892] 2 Ch. D. 253.