OF A FARM. his executors, administrators, and assigns, in manner following, (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 herein before 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 or commutation 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 rent-charge; demised (e): AND THAT the said C. D., his executors, and that les See further on the subject of this note, Hastings v. Cooper, Tothill, Further cases. 52; Curteen v. Heveene, 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. mill. In a case where a mill was demised as a logwood mill, and was after- Change of the wards altered by the lessee 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 cited). rent for tithes landlord and tenant. as between (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 personally liable to the payment of the rent charge. By sections 79 and 80 of the same act, any tenant who, at the time of the commutation, 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. farm-house; --and keep buildings, administrators, or assigns, shall and will personally inhabit, see will inhabit with his or their family, the said demised messuage or farmhouse, and make the same his or their usual place of residence, and shall not desert or shut up the same during the continuance of the said term (ƒ): AND SHALL and will 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 Covenant to reside. 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. (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 determined 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, OF A FARM. the landlord finding mate rials; damage by Lessee not to repair certain things till they be put in proper repair. of the repairs and amendments hereinafter mentioned, as 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 or not, he the said A. B. or his assigns, upon reasonable 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 said farm-house and buildings by fire and tempest al- fire excepted. ways excepted out of this present covenant to repair: PROVIDED NEVERTHELESS, that the covenant hereinbefore contained on the part of the said C. D., to repair and maintain the said premises hereby demised, shall not extend 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 for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B., his executors, administrators, 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 demised premises, being so well and sufficiently repaired, Covenants by keep in repair adjoining plantation fences; the lessee to and to yield up the demised premises at the OF A FARM. end of the term in good condition; -and that lessor and certain trustees supported, maintained, and amended, scoured, cleansed, and kept, shall and will, at the end or other sooner determination of the said term hereby granted, peaceably yield, 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 tempest happening to the said farm-house and the buildings 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 inspect pre mises; dated the day 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, administrators, or assigns, to repair and amend the same within --and that, on three calendar months from the day of such notice, within which said time, he the said C. D., his executors, administrators, or assigns, shall and will repair and amend the -and that les same accordingly: AND ALSO, THAT it shall be lawful for the said A. B. and his assigns, in case he or they shall be desirous so to do, at any time or times during the continuance 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 he the said C. D., his executors, notice, lessee will repair; sor may re move and build cottages; administrators, or assigns, shall yearly perform days' OF A FARM. tain carriage work for lessor; him with a certain quan carriage work with a waggon and team of horses, for the see will do cercarriage of coals to hall aforesaid, or otherwise, for the use of the said A. B. or his assigns, not exceeding the distance of miles from hall aforesaid: AND and furnish SHALL supply to and for the use of, and deliver at the said 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 (g): AND SHALL yearly, during the said term, cause not less than one-sixteenth part of the fences belonging to the premises to be properly cut and scoured, and ditches made thereto, four and a half feet wide at the top, one at the bottom, and three and a half feet deep perpendicu- cified manner. 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 (g) A covenant of this sort should be so framed as to shew, whether the performance of the covenant is restricted to any particular locality or not. Where the lessee covenanted "that he and his executors should fetch and bring to the dwelling-house of the lessor, his heirs 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). and cut, &c., yearly, a certain proportion of the fences, and manage them in a spe Covenant to perform services, and proviso for the lessor. |