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Tenant-to be permitted to carry away tons of hay when he quits, without paying for the
same. As to the Tenant-not to have more than
acres of quantity of wheat or win.
wheat, or winter-corn, at the Michaelmas seedness ter-corn. previous to quitting, and that to be upon clover leys
or fallow well and properly prepared, and manured
next ensuing the time of quitting, leaving the straw and chaff arising therefrom, for the benefit of the landlord, and thraves
of the same properly tied up. To hay up the Tenant—to hay up the clover of the first year's
growth on the 1st December, and the meadowground on the 2d February previous to the expiration
of the term. Incoming Tenant-to permit landlord, or the incoming
tenant, in the last year, to enter upon the arable land as soon as the crops have been taken off, to plough and manure the same; and to have one convenient lodg. ing-room, and the joint use of the kitchen, in the dwelling-house, for landlord's servants to lodge and diet in, without extinguishment of rent.
Tenant—if required, to plough any of the said lands, and to be paid for the same at the rate of 12s. per acre.
Tenant—to permit landlord to plant in the hedgeplant.
rows, and prevent the young trees from being de
stroyed by cattle. Not to agist. Tenant-not to take in any cattle or sheep to
agist, under a penalty of 40s. for each beast, and 5s. for each sheep.
Tenant- to preserve the game, and forewarn all
tenant to entor.
use of a piece of land for a boozy pasture, and a lodging. room in the house for a servant to reside in till that time, to be fixed upon by the landlord."
persons from sporting, and permit actions to be brought in tenant's name against trespassers in any way whatever on the said premises, at landlord's expense.
Tenant-not to underlet or assign the said pre- Not to undermises, or any part thereof.
Tenant-to lay upon the premises, in each year, Manure. at least waggon-loads, (or say, "tons,") of good clod lime, to be made appear by proper vouchers, to the landlord's satisfaction.
Tenant-to perform days carriage in every To perform year for the use of the landlord, gratis, with a team carriage for of five horses, and two able men, for repairs or otherwise, as the landlord may require; and to deliver at, &c., on, &c., tons of good bolting straw, if required.
Tenant to lay out in each year per cent. on To expend in the said yearly rent, in draining, watering meadows, draining. or other permanent improvements, to be verified by vouchers, to the satisfaction of landlord; but to be made subject to the approval of the landlord in all cases; and if any excess of expenditure happens in any one year, the excess to be carried to the credit of the ensuing year or years.h
$ If let from year to year, the following may be added : Tenant-in case of being turned off by the landlord within
years, to be allowed the costs of any under-draining he
may have done in an effectual manner, with stone or tile, under the direction of the landlord, or his agent, within the last year before the quitting, and of any lime laid on the said land, provided the quantity so laid on shall be at the rate and in the proportion before mentioned; also for any lime mixed with soil as a compost, and not laid upon
the land, together with the costs and charges attending the mixing and preparing the same. Tenant
to be paid for the clover of the last year's growth the worth of the seeds at the time of sowing, (if laid up and preserved.)
Tenant—to reside on the premises, under the penalty of L.50 for every month's absence without consent of landlord.”
The following is the usual memorandum :-“The said
OBSERVATIONS ON LEASES.
The importance of Leases, viewed as a branch of Conveyancing, is but little, yet few deeds require more care and attention in their preparation. To give forms applicable to the many provisions which may be required to meet the circumstances of the various cases which may occur, is more than can be expected in the largest treatise on the subject, and very far beyond the scope of this work; and even if it could be done, the draftsman must, after all, rely principally upon that care and thought which would enable him, if at all conversant with the language of conveyances, to give clear expression to the intention of the parties without that assistance.
As leases do not, generally speaking, form part of the title to property, it is not necessary or usual to insert any recitals in them, nor need the premises be 80 minutely described as in a conveyance. Any simple general description which will identify them is sufficient, and where the premises consist of many different pieces of land or houses, it will be found most convenient to describe them in a schedule, and not in the body of the lease.
Where the lands are in mortgage at the creation in mortgage of the lease, it will be necessary, in order that the
lessee may have a good title, that the concurrence of both the mortgagee
and mortgagorshould be obtained, even though the mortgagee should not have taken possession, for a lease by the mortgagor alone would be no defence to an ejectment brought by the mort
Leases of land
A. B. agrees to let, and the said C. D. agrees to become tenant of the before-mentioned farm, lands, and premises, for the term and upon the conditions hereinbefore stated, (and to be contained in the lease and counterpart, to be forthwith prepared and executed by them, at the joint ex. pense of the said A. B. and C. D.) As witness their hands, this day of,” &c.
gagee, who, notwithstanding such lease, might turn the tenant out of possession ;i and, on the other hand, a mortgagor, upon redeeming, would be entitled to set aside any leases granted by the mortgagee without his concurrence.k
It should not be overlooked in the preparation of such leases, that the lessee's covenants, if entered into with the mortgagor, will not run with the land, they ought, therefore, to be entered into with the mortgagee, his heirs and assigns, or as the mortgagor would, on redemption and reconveyance of the premises, become the assignee of the mortgagee, he would in that character be able to sustain his action on the covenants.
The mortgagee cannot, of course, be expected to enter into covenants with the lessee, who must, therefore, rest satisfied with the personal covenants of the mortgagor.
In leases prepared under powers, great care must be taken to comply with the terms upon which they are authorized to be granted, for without such compliance, a lease would be voidable by any person interested in the reversion who was not a party to it.
A lessee has at law as absolute a power of disposi- Restraint tion over his estate, as the owner of any other inte- upon assignrest in property, and, therefore, if it is wished to restrain him from assigning, a provision must be inserted in the lease for that purpose, which, if intended to apply to an underlease, must be made expressly
i Keech v. Hale, Dougl. 21; Thunder v. Belcher, 1 East, 449.
* Hungerford v. Clay, 9 Mod. 1.
1 Webb v. Russell, 3 T. R. 393; Stokes v. Russell, ibid. 678. The observations above were written with a view to the case of leases where the mortgage is in fee, for if the mortgage were for a term, as it would merge in the reversion on a reconveyance to the mortgagor, he could not be considered as the assignee of the mortgagee's estate.
to extend to that species of conveyance,mas an underlease is not considered as an assignment; and, on the other hand, an assignment is not considered a breach of the provision against underleasing.
These provisions are construed very strictly, insomuch that the restraint against assignment has been held not to extend to assignments by operation of law, unless expressly extended to them;" and that if licence be once given, (even if but in a qualified way, as with reference to part of the land only,) the restraint is gone for ever.o In the same spirit it has been held that an assignment subsequently avoided by the bankruptcy of the lessee worked no forfeiture, and that if the lessee, by conveyance from the assignees under his own bankruptcy, became entitled to the lease, he might thenceforth hold the premises free from the restraint against assignment, and it has also been held that a deposit, by way
of mortgage, is not a breach of the provision against as
signment." Equitable It may be useful to mention here, that the subject mortgages of of equitable mortgages by deposit of a lease bas
recently been the subject of discussion. In a case in 3 Brown's Chancery Cases, 166, Lucas v. Comerford, it was decided that a depositee of a lease was compellable in a court of equity at the suit of the lessor to take an assignment of the lease, in order to give the landlord a remedy at law against him on the covenants. This doctrine was recognised by the Vice-Chancellor in 1835,' when he made a decision
m Crusoe v. Bugley, Blackst. 766 ; 3 Wills. 234; 15 Ves. 265; ante, p. 406.
» Doe v. Carter, 8 T. R. 57; Goring v. Warner, 7 Vin. Abr. 85, pl. 9; Philpot v. Hoare, Amb. 480; 2 Atk. 219.
Dumper's case, 4 Co. 119; Jones v. Jones, 12 Ves. 186. P Doe v. Smith, 5 Taunt. 795.
9 Doe v. Hogg, 2 Car. and P., N. P. cases, 160; Doe v. Bevan, 3 M. and S. 353.
Flight v. Bentley, 7 Sim. 149.