Page images

his executors, administrators, and assigns, in manner follow- OF A PARM. ing, (that is to say), That he the said C. D., his executors, administrators, or assigns, shall and will pay, or cause to be paid, the said certain yearly rent hereinbefore reserved, and also (if the same shall become payable) the said additional yearly rents hereinbefore reserved, at the times and in manner hereinbefore mentioned or appointed for payment of the same respectively: AND ALSO ALL taxes, rates, -and taxes ; payments, assessments, and outgoings whatsoever, to grow due in respect of the said premises, (except the land tax), – and tithes, and all tithes and tenths payable in respect of the said

rent-charge; premises, or the proportionate amount of the rent charge, or commutation rent, chargeable, or which may hereafter become chargeable upon the demised premises, in lieu of such tithes and tenths as aforesaid, at the times at which such tithes or commutation rent shall become due, and ought to be paid, and are or shall be by law recoverable from the said A. B. or his assigns, or the owner or proprietor for the time being of the said premises hereby demised (e): AND THAT the said C. D., his executors, -and that lesa

r commutation

See further on the subject of this note, Hastings v. Cooper, Tothill, Further cases. 52; Curteen v. Hereene, Id. 114; and the cases collected, Id, 143, 144 ; Atkins v. Temple, 1 Rep. Cha. 8; S. C. Tothill, 209; Cole v. Peyson, 1 Rep. Cha. 57; Hermier v. Maund, Id. 62; Tregonwell v, Lawrence, 2 Rep. Cha. 49; Martin v. Coggan, 1 Hog. 120; Morris v. Morris, Id. 238

In a case where a mill was demised as a logwood mill, and was after- Change of the wards altered by the lessée to a cotton mill, an injunction was refused, purpose of a on the ground that the lessor had stood by, without objecting, while the alteration was made, and afterwards, (Brydges v. Kilburn, 5 Ves. 689 eited).


(e) By the stat. 6 & 7 Will. 4, c. 71, s. 67, the commutation rent Commutation charge in lieu of tithes is charged on the land, but no person is to be rent for tithes

as between personally liable to the payment of the rent charge. By sections 79 landlord and and 80 of the same act, any tenant who, at the time of the commu- tenant. tation, shall hold at rack-rent, may dissent from paying the rent charge, and in such case the landlord may take the tithes during the tenancy; the tenant is to pay the rent charge, and is to be allowed the same in account with the landlord. The clause in the text is framed with a view to the two last-mentioned clauses, for a lease of lands in a parish where the commutation has not taken place. After the com

OF A FARM. administrators, or assigns, shall and will personally inhabit, see will inhabit with his or their family, the said demised messuage or farmfarm-house ;

house, and make the same his or their usual place of

residence, and shall not desert or shut up the same during and keep the continuance of the said term (f) : And SHALL and will buildings, fences, &c., in

from time to time, and at all times during the continuance repair; of the said term, at his and their own costs and charges,

well and sufficiently repair, support, maintain, scour, cleanse, and keep the said messuage and farm-house, and all other the edifices and buildings hereby demised, and all the bridges, gates, pails, rails, and fences both live and dead, water-courses, dykes, drains, ditches, and appurtenances to the said house, building, farm, and lands belonging, and any new buildings which may be erected upon the said premises, in, by, and with all manner of needful and necessary reparations and amendments whatsoever, (except such

mutation has taken place, it will suffice to reserve the rent clear of the commutation rent charge, and to make the tenant covenant for payment of the commutation rent charge along with the other outgoings.

Covenant to reside.

(f) The covenant in the text only amounts to this, viz. that the owner for the time being of the lease shall reside on the premises, and that they are not to be shut up and deserted. A covenant of this description, it may be observed, is a highly useful and proper covenant in a lease of a mill, or public-house, or any similar property, the value of which would be destroyed, or materially injured, by being shut up for a time; and the covenant should bind the lessee, or his assigns, to carry on the business during the term, in a fair and usual manner. If the covenant be for the lessee, his executors, and administrators, personally to reside, it must be literally fulfilled. For where a term of 21 years was granted, “ if the lessee, his executors, &c., (it does not appear from the report what is covered by the “ &c.”), should so long continue to inhabit and dwell, with his and their family, in the farmhouse, and he, his executors, &c., should so long continue actually to hold and occupy the said lands and premises,” and not assign; and the tenant became bankrupt, and the assignees put the tenant out of possession, and sold the lease, it was held that the lease absolutely deterinined on the tenant ceasing to reside. (Doe d. Lockwood v. Clarke, 8 East, 185; see, too, Doe d. Duke of Norfolk v. Hawke, 2 East, 480), In this case, however, the lease actually ceased by virtue of the condition, and there was no forfeiture; but it is apprehended that there would be no relief against a re-entry for breach of such a covenant as that above mentioned,


Gre e


of the repairs and amendments hereinafter mentioned, as OF A PARM. shall be done by the said A. B. or his assigns, in pursuance of the covenant hereinafter on his part in that behalf contained), when, where, and so often as need or occasion shall be or require, and whether particularly required by notice the landlord or not, he the said A. B. or his assigns, upon reasonable in request and timely notice to him or them in writing as hereinafter mentioned, providing and allowing on the said premises, or within miles distance therefrom, sufficient rough timber, bricks, tiles, lime, and iron, (except gate irons), for such repairs, (all such timber and materials, as well for repairs as for the erection of any such new buildings as aforesaid, to be cut and carried respectively at the tenant's expense), and damages happening to the —damage by said farm-house and buildings by fire and tempest al- pre ways excepted out of this present covenant to repair : PROVIDED NEVERTHELESS, that the covenant hereinbefore Lessee not to contained on the part of the said C. D., to repair and

nu things till they maintain the said premises hereby demised, shall not be put in proextend to or include the bullock sheds at present upon the said premises, the coach-house, the wall before the house, and the wall of the bullock-yard, unless or until the same, respectively, shall have been first put into good and substantial repair, at the costs and expenses of the said A. B. or his assigns: AND THE SAID C. D. doth hereby Covenants by for himself, his heirs, executors, administrators, and assigns, keep in repair covenant with the said A. B., his executors, administrators, adjoining plan

tation fences; and assigns, that he the said C. D., his executors, administrators, or assigns, shall and will, from time to time during the continuance of this demise, repair, maintain, preserve, and keep in good order, all plantation fences in, upon, or next adjoining to the said lands hereby demised, the said A. B. or his assigns paying a moiety of the expense of first putting such plantation fences into good order and repair, and afterwards allowing stakes and braiding, or fencing thorns and white thorn layer, when necessary, towards the future repair of the said fences, but without making any other allowance or any other remuneration in respect of the same: AND ALL AND SINGULAR the said - and to yield demised premises, being so well and sufficiently repaired,

Paned, premises at the in good con

lessos and cer, tain trustees

OF A FARM. supported, maintained, and amended, scoured, eleansed, end of the term and kept, shall and will, at the end or other sooner deter

mination of the said term hereby granted, peaceably yield, dition;

surrender, and give up, together with any new buildings or erections thereon, and all such fixtures as are in any way affixed or fastened to the freehold of the said premises, and as between landlord and tenant are usually considered the property of the landlord, unto the said A. B. or his assigns, or the person or persons for the time being entitled to the freehold or reversion of the said premises immediately expectant on the determination of the said term (timber and materials being allowed as hereinbefore and hereinafter mentioned, and damages by fire and tem,

pest happening to the said farm-house and the buildings -and that always excepted): AND THAT it shall be lawful for the

said A. B. and his assigns, and the trustees for the time may enter and being acting under the will of dated the —— day inspect premises;

of or the settlement executed in pursuance thereof, dated the day of and his and their agents, servants, or workmen, twice or oftener in every year during the continuance of the said term hereby granted, to enter or come into and upon the said demised premises, or any part thereof, there to view, search, and see the state and condition of the same; and of all defaults, decays, or wants of reparation, then and there found, to give or leave notice, in writing, for the said C. D., his executors, admi

nistrators, or assigns, to repair and amend the same within --and that, on three calendar months from the day of such notice, within notice, lessee

which said time, he the said C. D., his executors, adminis, will repair ;

trators, or assigns, shall and will repair and amend the —and that les same accordingly: AND ALSO, that it shall be lawful for sor may re

ild the said A. B. and his assigns, in case he or they shall be

the wid AB and his cottages ; desirous so to do, at any time or times during the continu

ance of the said term, to remove any cottage or cottages now standing and being upon the said premises, or to pull down and alter the site or position of any cottage or cottages on the said farm, and to build any other cottage or cottages in lieu thereof, in or upon such other part

or parts of the said farm as he or they may think fit: and that les. AND FURTHER, THAT be the said C. D., his executors,

move and build



administrators, or assigns, shall yearly perform days' °F A FARM. carriage work with a waggon and team of horses, for the see will do cer. carriage of coals to hall aforesaid, or otherwise, for a

banian otherwise for tain carriage

o work for lessor; the use of the said A. B. or his assigns, not exceeding the distance of miles from — ball aforesaid: AND . and furnish

him with a SHALL supply to and for the use of, and deliver at the said ce hall, once in every year during the continuance of the said tity of straw ; term, four waggon loads of good wheat-straw, without being paid or receiving any remuneration for the same (9): AND SHALL yearly, during the said term, cause not less —and cut, &c.,

yearly, a certhan one-sixteenth part of the fences belonging to the tain proportion premises to be properly cut and scoured, and ditches of the fences,

and manage made thereto, four and a half feet wide at the top, one them in a speat the bottom, and three and a half feet deep perpendicu- c larly, and plant white thorn layer in the vacant places, when and where the said A. B. or his assigns, or his or their agent, shall appoint, and in default of such appoint

cified manner.

(9) A covenant of this sort should be so framed as to shew, whe- Covenant to ther the performance of the covenant is restricted to any particular lo- perform ser:

vices, and procality or not. Where the lessee covenanted “ that he and his executors viso for the should fetch and bring to the dwelling-house of the lessor, his heirs lessor. and assigns, 75 bushels of coals, from Poole, yearly and every year during the term of 12 years, from the 29th day of September then last past, [the term of the lease], and all the peat, turf, and other fuel, and also supply him with wood for his fencing and hedging his lands gratis, when reasonably required, and also permit the lessor, his heirs and assigns, [to feed certain animals on the demised premises] ; and also, yearly and every year during the said term, supply the said lessor, his heirs and assigns, with so much good wheat as he or they should want to expend in his or their family, at five shillings a bushel ; and also, so much good barley and oats as he or they might want for his or their horses, pigs, and dogs, at two shillings and sevenpence half-penny per bushel, and, in failure of the performance thereof, or any part thereof, pay to the lessor, his heirs and assigns, the sum of £100, in lieu and satisfaction thereof;" and the lessor afterwards removed from the house in which he then resided to another in the same parish, which he possessed at the date of the covenant: it was held that as the stipulations as to coal, fuel, wood, and cattle, were clearly local, and confined to the plaintiff's dwelling-house at the date of the covenant, the covenant as to the wheat must be similarly construed. (Coker v. Guy, 2 Bos. & Pul. 565 ; see, too, the note, Id. 568).

« PreviousContinue »