OF A FARM.

ment, where most necessary, and weed the same twice in each year during the first three years after planting the same, and preserve the same from damage by sheep or cattle, and in all other respects; and shall not pare off the back of the fences, or cut away banks, or remove the soil from any of the fences upon the said farm, without the license in writing of the said A. B. or his assigns first obtained, and shall not injure the roots of any of the trees growing or being in any of the said fences or banks, but shall and will, where any of the said lands shall be ploughed, leave at least three quarters of a yard unploughed or unconverted into tillage, from the stub of the larger or quickset backs of the fences upon the said farm, and shall not nor will cut any of the thorns growing in the said fences on the back side thereof, but shall and will, when occasion requires for the stopping of gaps or any other reasonable purpose, cut such thorns from the brow of the fences, under a penalty of paying to the said A. B. or his assigns ten shillings per rod for every rod of fencing which shall be managed contrary to the stipulations hereinbefore contained; and shall and will, from time to time, when thereunto required by the said A. B. or his assigns, raise and make any new fence or fences in or upon any part of the said lands hereby demised, in the place of any old fences which the said A. B. or his assigns may require to have levelled, or the white thorn layer of which may have decayed or worn out, the said A. B. or his assigns supplying the necessary white thorn layer and young trees, if any, that may be required to be planted, and contributing one-half the other expenses of raising and making such new fences as aforesaid, and shall clip with shears in a proper manner, twice in every year, such hedges as have been usually cut --and preserve or clipped: AND SHALL preserve all the young trees, layers, and quicksets, shoots, and saplings from oak, ash, elm, or other stubs of trees which have heretofore been felled, and all fences, now or at any time during the said term standing, growing, or being upon the said premises or any part thereof, from being injured by cattle or sheep: AND SHALL not fell, lop, or top any pollards: AND SHALL also cut open and spread, when required or necessary, all

saplings, &c., from damage;

-and not lop pollards;

--and spread

or

and destroy

ditches;

-and that les

see will warn

off sportsmen, and give lessor

and that les

them in the name of the

sor may sue

the ant-hills and mole-hills which shall be upon the said OF A FARM. demised premises, and destroy the rats and mice, ants and ant-hills, &c., moles, upon the said premises, and shall and will yearly, vermin, nettles, during the continuance of the said term, as often as neces- &c. sary, mow and destroy the rushes, nettles, and other weeds growing upon the pasture lands or any part of the said farm, and also weed the fences belonging thereto, to prevent the weeds seeding or growing thereon, and clean out properly all the water ditches and open drains annually on and clean such pasture lands: AND FURTHER, THAT he the said C. D., his executors, administrators, or assigns, shall and will warn off all presons who during the said term shall hunt, hawk, fish, or sport upon the said premises, without notice of them ; the license or consent of the said A. B. or his assigns, and that he the said C. D., his executors, administrators, or assigns, shall and will give to the said A. B. or his assigns immediate notice of any person who shall hunt, hawk, fish, or sport upon the said premises: AND THAT it shall be lawful for the said A. B. and his assigns, in case any person or persons shall during this demise hunt, hawk, fish, sport upon the said hereby demised premises, to bring any action or suit and prosecute the same at law, or otherwise proceed against such person or persons in the name or names of the said C. D., his executors, administrators, or assigns, and that he or they shall not release or discharge any such action or suit without the consent in writing of the said A. B. or his assigns, provided the said C. D., his executors, administrators, or assigns, shall be indemnified from the costs thereof: AND ALSO, THAT he the said C. D., his ex--and that lesecutors, administrators, or assigns, shall and will, at all times during the continuance of the said term, use and manage all the said arable lands, and at the end thereof leave and deliver up the same to the said A. B. or his assigns in four equal shifts or divisions, according to the four course system of cropping and husbandry practised in Norfolk, as nearly as the size of the several closes of land will admit (that is to say), shall yearly cause one of the said four shifts, being in stubble, to be properly summer-tilled with four clean earths or ploughings, and sufficiently harrowed and cultivated, and sown with turnips or mangel-wurzel, which are

lessee;

see will manage

arable lands in

a specified

course of hus. bandry.

OF A FARM.

Lessee to be allowed, on certain terms, to

to be twice well hoed and preserved in a clean and proper state and condition for a green crop another of the said shifts to be properly ploughed and harrowed and sown with barley or oats immediately after turnips or mangel-wurzel, and laid down therewith with a sufficient quantity of good sound clover or other clean artificial grass seeds, and to be continued so laid down with grass coming from such seeds, at least fourteen months after the sowing of the same: another of the said shifts to be properly ploughed and harrowed, and sown with winter corn, oats, or peas, and the remaining shift to be olland or layer of at least fourteen months' laying: PROVIDED, NEVERTHELESS, and it is hereby agreed, that the said C. D., his executors, adminvary the course. istrators, or assigns, shall be at liberty in any year (except the last year) of the said term to sow any quantity of the arable lands, not exceeding twenty acres, with peas or beans instead of having the same in layer, the said C. D., his executors, administrators, or assigns, manuring such land, before or immediately after such crop of peas or beans, at the rate of eight good loads of muck or a quarter of a ton of rape cake per acre; and also that the said C. D., his executors, administrators, or assigns, shall be at liberty in any year (except the last year) of the said term to sow with wheat any quantity of the said arable lands not exceeding ten acres after turnips, in lieu of summer corn: AND IT IS AGREED, that the grass seeds to be sown with the summer corn on one of the said divisions in the last year of the said term, in case the said term shall expire by effluxion of time, and shall not determine by the death of the said A. B., shall be provided and sown by the said A. B. or his assigns, or his or their succeeding tenant, but shall be harrowed in by the said C. D., his executors, administrators, or assigns, at his or their own expense, who shall preserve and keep the grasses coming from such seeds unfed until the end of the said term, except by hogs well ringed, and shall give at least ten days' notice in writing to the said A. B. or his assigns, of his intention of sowing such summer corn, and that it shall be lawful for the said A. B. and his assigns, or the person or persons entitled as aforesaid, or the next incoming tenant, to sow

Lessor to find

grass seeds for the last year of

the term.

grass seeds with the Lent or summer corn in the last year of the said term, in case the same shall expire by effluxion of time, and not be determined as aforesaid, the said C. D., his executors, administrators, or assigns, harrowing in the same without being allowed for the same: PROVIDED NEVERTHELESS, that if the said C. D., his executors, administrators, or assigns, shall, during the said term hereby granted, continue in grass any of the arable lands laid down in grass for two years and three months, to be computed from the time of sowing the seeds, then he or they shall be at liberty to take two successive crops, one of which shall be a crop of peas or beans, but, nevertheless, all the said farm shall be left in a four course shift at the end of the said term, and in a husbandlike state and condition; 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 not nor will, without license in writing from the said A. B. or his assigns for this purpose first obtained, mow more than a moiety of the arable lands on the said farm which shall be sown with wheat, under the penalty of paying to the said A. B. or his assigns £1 per acre, in respect of every acre over and above the said moiety which shall be mown contrary to this covenant, but shall and will reap with a sickle or reap-hook a moiety of the said arable land which shall be sown with wheat in any year of the said term; and that the arable lands which shall be sown with wheat, and which shall be nearest to the park called — Park, shall be included in and form part of such lastmentioned moiety: AND ALSO THAT he the said C. D., his executors, administrators, and assigns, shall and will spend and consume into muck with cattle in a husbandlike manner, in the yards or upon the demised premises, all the hay, straw, chaff, fodder, and turnips, which shall arise from the premises during the first seven years of the said term, and shall at seasonable times and in an husbandlike manner lay and spread the same, during the said first seven years, upon such parts of the demised lands as shall most need the same, and shall use all the muck made previously

OF A FARM.

-and leave

muck for lessor

straw;

to the last day of May, in the last year of the said term, for mucking the turnips to be left at the end thereof; AND SHALL leave, for the use of the said A. B. or his at end of term; assigns, all the muck, dung, and compost which shall be made upon the said premises after the said last day of May in the said last year, turned up in proper heaps in the demised yards, on or before the first day of October, for the use of the said A. B. and his assigns, without allow--and hay and ance; AND SHALL stack and leave for the said A. B. and his assigns, or his or their succeeding tenant, all the hay cut and made on the said farm in the last year of the said term, being paid for such hay, and for the feed of the new layers and turnips, or other vegetables to be left on the farm at the end of the said term, by valuation as hereinafter mentioned, and shall stack and lay all the crop of corn, grain, or pulse that shall grow on the said demised premises in the said last year, into the barns or stack-yards, or other convenient places belonging thereto, and thresh out the same in the said barns in the winter following, so that the said A. B. or his assigns may have the straw and chaff arising therefrom regularly, for his and their cattle, without any spoil or waste, and shall in the winter season deliver the same in the said barns, or other usual places on the premises, in a careful and husbandlike manner, for the use of the said A. B. or his assigns, without any allowance, -and that les- who in default of such delivery may take the same; And ALSO, THAT the said C. D., his executors, administrators, or assigns, shall not assign or underlet, or otherwise part with the possession of the said demised premises, or any part thereof, without the consent in writing of the said A. B. or his assigns, for that express purpose under his or their hand or hands first had and obtained (h): AND SHALL

see shall not

assign or underlet without license;

-nor fell or cut trees, &c.

What words

restrain assign

ment and under-letting;

(h) The restriction in the text is against assigning, underletting, or otherwise parting with the possession of the premises, and whenever the lessor means to prohibit every change of tenancy and possession without his consent, the covenant should be so framed. For a restriction on assignment, however generally expressed, does not prohibit an underlease, (Crusoe, Lessee of Blencoe, v. Bugby, 2 W. Blackst. 766; S. C. 3 Wils. 234; Kinnersley v. Orpe, 1 Doug. 56), nor a restriction on underletting prohibit an assignment. (See