For cultivation of pasture meadows.

To consume hay, &c.,

on the premises (a).

To keep up a flock of mountain sheep.

To replace

premes any turnips, cole, rape, mangold, mustard, or rye grass, or any plants of a like nature, except so much thof as may be necy for seeding the demised premes from yr to yr. XI. AND ALSO will not plough, break up, pare or burn any old pasture or meadow or land permanently laid down in grass, or mow or cut for hay any [more than acres in any one yr, nor the same pce oftener than once in three yrs] of the meadow-land under a penalty of £100 per acre for every acre ploughed, broken up, pared or burnt, & of £50 per acre for every acre mown contrary to this provon, & so in proportion for a less quantity, & will keep the same free from thistles, nettles, & rushes, & ant & mole-hills.

XII. AND ALSO will consume all the hay, straw, fodder, haulm, turnips, mangolds, & other root crops on the premes, or leave the same at feedg price for the incomg tenant, & will in every yr carry out & spread at pper times, & in a husband-like mner, on the demised premes all dung & muck produced by the consumption of the same.

XIII. AND ALSO will at all times keep up a flock of at least mountain sheep & lambs, bred & grazed on the demised premes, & will at the end of the tenancy transfer the same to the lessor or the incomg tenant at a valuon.

XIV. And also will preserve all fruit-trees in the orchards or fruit-trees. elsewhere on the sd demised premes, & will plant such good & healthy young fruit-trees as may be required to supply the place of those wch may die or go to decay, or become unproductive, so as to keep the sd orchards well & sufftly stocked with fruit-trees.

Not to cut underwood except at usual intervals.

To preserve trees, &c.

XV. AND ALSO will not cut coppice or underwood, except at the usual season accdg to the custom of the country, & will not cut out any coppice or underwood of less than yrs growth, & will give ten days' notice in writg to the lessor or his agent, of the intention to cut the same, so as to enable him to mark any tellers.

XVI. AND ALSO will preserve all trees, tellers, pollards, & saplings for the time being standg or growg on the demised

(a) As to the bankruptcy of the lessee, see Lybbe v. Hart, 29 Ch. D. 8. As to whether such a covenant runs with the land, see per Baggallay, L.J., ib. p. 19, dissented from in Clegg v. Hands, 44 Ch. D. 503, at p. 512, by Cotton and Lopes, L.JJ.

premes from bite of cattle or other injury, & will not cut down, fell or destroy, or top, lop, or prune any such trees, tellers, pollards, & saplings [under the penalty of £

for

every such tree, teller, pollard, or sapling, to be pd in addon to the actual amt of damage done as afsd, & to be recoverable immedly].

or,

XVII. AND ALSO will from time to time durg this demise To preserve plash or cut & lay the hedges regularly & in pper season, & plantastub all borders of hedges, & will, when & so often as he shl tions. new make or cut any of the hedges or fences on the sd demised premes, at his own expse, dig & make good ditches on the side of such hedges or fences in the usual mner, [& also will at the like expse make & maintain good & sufft wire (b), or, "rly," "temporary" fences for preservg any such new made hedges & fences, & the young springs thof from any hurt or damage by cattle or orwise], [& will not cut any hedges (c), plantons, or pollards till they are of the age of yrs, except such hedges & pollards as shl be clipped yrly, & also will at all times give ten days' notice in writg to the lessor or his agent, of the intention to cut any hedges, fences, or plantons, sɔ as to enable him to mark such tellers as he may think fit to be left growg for timber].

Another form.

XVIII. AND ALSO will at all times durg the sd term keep The same. all the hedges & fences in good condon, & will yrly at the pper season clip such of the hedges as have been usually clipped.

XIX. AND ALSO will not raise or remove, or suffer to be raised or removed, any stone, clay, brick earth, gravel, sand, or minls from the demised premes, except materials for makg or repairg new or existg roads on the sd premes, & will not commit wilful or voluntary waste, spoil, or destron, in or upon the sd premes, or any pt thof, but will use & manage the same in a good & husband-like mner.

To preserve and not to commit waste (d).

minerals,

XX. AND ALSO will preserve all bounds, hedges, & fences, & To preserve will not suffer any new roads or footpaths to be made, & will

(b) In a hunting country omit "wire."

(c) Omit the word "hedges," except in cases where the hedges may

contain underwood.

(d) As to waste and "ameliorating waste," see Meux v. Cobley, [1892]

2 Ch. 253.

boundaries and prevent new

roads or encroachments.

To keep a field book.

To allow lessor to inspect, and to repair on notice.

To protect game.

The same.

Another form.

prevent the enclosure of or encroachmt upon any waste lands on the boundaries or frontage of the sd demised premes.

XXI. AND ALSO will keep a field book, showg how every field or pcel of the demised premes has been cropped & cultivated in every yr of the sd term, & permit the lessor or his agent, from time to time to inspect the sd book, & to take copies thof or extracts thfrom.

XXII. AND ALSO will permit the lessor, or his agent, at all seasonable times, to enter into & upon the sd demised premes, & to examine the state of repair & cultivon & condon thof, [& to take any map or plan of the sd premes], & in case the farmhouse, farm bldgs, gates, &c., follg the words in the covt to repair, on the sd premes or any pt thof, shl be found defective or out of repair, [or in case the sd land or any pt thof shl not be found in a good & pper state of cultivon & condon], & notice in writg of any such defects or mres shl be given to the lessee, or left on the demised premes, the lessee will [if & so far as the case will admit] make good the same in a pper mner within the space of three calr months (a) next after every such notice shl have been so given or left as afsd, to the satisfon of the lessor or his agent.

XXIII. AND ALSO will not, witht the consent in writg of the lessor, or his agent, use upon the demised premes any gun, weapon, net, or other instrumt for the destron of game [woodcocks, snipes, quails, landrails,] (b) wildfowl, rabbits, or fish (save as provd by the Ground Game Act, 1880), but will protect & preserve the same, & the nests & eggs of all such birds as afsd, & at the reqt of the lessor, or his agent, will give notice to any person to be named by him not to come upon [& will warn off all psons trespassg upon] the demised premes for the ppose of killg, takg, searchg for, or follg the same, & will also allow his name to be used in any informon, action, or prosecon for such trespass, on being saved harmless agst all costs & damages by reason thof.

XXIV. AND ALSO will use his best endeavours to assist in the preservon of the feathered game by protectg the nests,

(a) Qu. shorten the notice, having regard to the further notice made necessary before re-entry by s. 14 of the Conv. Act, 1881.

(b) See p. 791, note (g).

& by preventg disturbce of the birds by dogs durg the nestg

season.

Not to

assign or

XXV. AND ALSO will not witht the consent in writg of the lessor, or his agent, assn, underlet, or pt with the posson of, underlet. the demised premes or any pt thof (c).

day of

in

XXVI. AND SHL previously to the every To furnish particulars yr of the sd term deliver to the lessor, or his agent, a correct of improvestatemt in writg of any improvemt within Pt. 3, of the 1st ments (d). schdle to the Agricultural Holdings (England) Act, 1883, wch shl have been exted upon the demised premes durg the precedg yr with full parlars of the cost thof, & of each item of expenditure in respt thof with the dates of pchase of any materials pchased for that ppose, & the names of each pson from whom the same shl have been pchased, & shl on reqt, produce to the lessor, or his agent, all vouchers & rects for the sums expended.

XXVII. AND ALSO will not sow or plant durg the last three yrs of the sd term any pt of the demised premes with two crops in succession of any of the descripons commonly called white or exhaustg crops, includg thrin wheat, oats, barley, & rye, witht a fallow or green crop pperly hoed & cleaned interveng betn such two white crops, every such green crop to be consumed on the demised premes, & will not durg the sd three yrs plant more than one crop of potatoes in any one field: AND FURTHER will at the commencemt of each of the last two yrs of the sd term sow such pt of the land as shl have been cultivated for green crops or fallow, & pperly manured in the precedg season, not being less than one-sixth pt at the least. of the arable land hby demised, with a sufft quantity of good clover or other grass seeds, & pperly harrow in the same: PROVD THAT On this covt being duly pformed, the lessor shl pay for such clover & grass seeds as shl be sown in the last yr of the sd term, & on wch no cattle, sheep, or other live stk shl

(c) Add if appropriate, "except by sub-letting the cottages to weekly tenants," and "nor take in any horses, cattle, or sheep to graze on the premes."

(d) As to what are improvements, see Meux v. Cobley, [1892] 2 Ch. 253. (e) 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. See also Prec. 11., p. 779; Prec. iv., p. 787.

K.E.-VOL. I.

3 D

As to mode tion at end of term (e).

of cultiva

The same. Another form.

have been depastured, the amt so to be pd to be settled in case of dispute by arbitron (a): AND FURTHER that the lessee will leave in the last yr of the sd term (subjt as hinafter is mentd), pperly fallowed & sown with turnips or other root crop or green crop pperly hoed & managed, the one-fourth pt of the arable lands hby demised wch shl in such last yr be in course of succession to be cultivated for root crops, green crops, or fallows, on being pd for the labour & seed pperly bestowed on the sd land, the amt so to be pd to be settled in case of dispute by arbitron: PROVD THAT the lessor or the incomg tenant may, if he think fit, enter & make the fallows, & the lessee will in such case permit him, with his servants, carts, horses, ploughs, & 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 yr of the sd term, for the ppose of breakg up, ploughg, fallowg, manurg, sowg, & orwise preparg the same in the usual course of agriculture: AND FURTHER will leave at the expiron of the sd term one-sixth pt of the arable land in clover ley of one yr's continuce only, & permit the incomg tenant, if he shl so desire, at any time or times after the 24th day of August next precedg the expiron of the sd term, to enter upon, break up, plough, fallow, dung, manure, sow, & orwise prepare & manage the lands so to be left in clover ley as he shl think fit.

XXVIII. AND ALSO will in the last yr of the sd term leave all clover, seeds, hay, straw, dung, muck, & manure wch shl be produced on the premes in such yr for the use of the lessor, but will not do any labour or carriage thto witht a diron in writg from him or his agent: AND WILL in the same yr leave one-fourth pt of the arable land eql in goodness to the genl average of the whole arable land in a summer fallow or other pper preparon for a wheat crop, one other fourth pt thof in a barley or oat stubble, one other fourth pt thof in a wheat stubble, & the remaing fourth pt thof in a seed ley: AND WILL plough & prepare for the sd wheat crop in a pper mner under the diron of the lessee or his agent, in default whof it shl be lful for the lessor, or the incomg tenant, to enter on the

(a) The provisions for compensation in the Agricultural Holdings Act, 1883, do not apply to this.