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—and that lessor, during term, may resume land for the purpose of exchanging, planting, or
—and that lessee will keep down rabbits;
—and that, on default, lessor may kill them.
Recital of the
the said increased rent or rents, or for any of the penalties, forfeitures, or sums of money before mentioned, which may happen to be incurred or become payable by the said C. D., his executors, administrators, or assigns, at any time or times before the giving of such receipt for rent, unless such increased rents, penalties, or forfeitures shall be therein expressly mentioned, and appear thereby to be fully satisfied; And Also Shall and will permit and suffer the said A. B. and his assigns, at any time or times during the said term to take any quantity of the land hereby demised, for the purpose of making exchanges for the convenience of occupation, and also to take any quantity of the lands into his or their own occupation, for the purpose of planting, building, or otherwise, not exceeding thirty acres, being allowed such deduction and abatement from the rent hereby reserved as shall be determined by three indifferent persons, in the same manner as the turnips and hay left upon the premises in the last year of the term are herein agreed to be valued and paid for by the said A. B. or his assigns; And Shall and will from time to time, kill, destroy, and effectually keep down the rabbits upon the said fann, by ferreting and trapping them underground, but not by setting traps above-ground, so as to prevent the numbers of such rabbits increasing, or impeding the good management of the said farm, or injuring the crops and fences thereon; and shall and will, if thereunto required by the said A. B. or his assigns, from time to time use and lend his and their best endeavours and assistance to kill and destroy the rabbits, in manner aforesaid, in the plantations, in, upon, or next adjoining to the said farm; And In Case the said C. D., his executors, administrators, or assigns, shall neglect or omit to kill and keep down the rabbits upon the said farm, it shall be lawful for the said A. B. and his assigns (ten days' notice in writing for that purpose being first given to or left for the said C. D., his executors, administrators, or assigns, at or upon the said premises) to appoint any person or persons to take such steps as he or they shall think fit for killing and reducing the said rabbits to such numbers as shall be consistent with the good management of the said farm; And Whereas there exists an ancient stock or cattle fair, called Fair, Of A Farm.
which was held upon part of a farm in the said county nonuser of an
of , (being other part of the estates comprised in the ^'partof
said indenture of the day of ), formerly in the the lessor's
occupation of , and now of , to which the tenants nis intention to
of the estates comprised in the said indenture used to revive it.
shall enter into the like agreement as is hereinafter con-
in the occupation of the said , and for that purpose
shall and will send all such cattle, sheep, and stock, as he
the said C. D., his executors, administrators, Or assigns,
(J) To introduce recitals after one of the operative parts of a deed is contrary to the general principles and practice of conveyancing. But it is allowed in some instances like that in the text, where the subject-matter of the recital, and its subsequent operative part, are wholly distinct from the preceding matters, and especially where the principal matter of the deed requires no recital. It may, however, be doubted, whether any such advantage is gained by the practice as to counterbalance the evil of departing from the general rule.
or A Farm. s}iall or may have for sale, or wish to dispose of, at those seasons, to the fair intended to be held as heretofore upon
the lands in the occupation of the said , and not to
any other or similar fair which may be held upon neighbouring or adjoining lands belonging to any other proprietor than the said A. B., and shall and will pay the customary tolls, rates, or dues heretofore or usually claimed
and paid in respect of the frequenting or using Fair
to the said [tenant of the Fair farrri], or his successors in his said farm, or the person or persons from time to time appointed by him or them to collect and receive the same, or, in case the same farm shall for the time being be untenanted, to the owner or owners thereof for the time being, or to the person or persons appointed by such Proviso for re- owner or owners to collect and receive the same: Provided entry. Always, that if the rent or rents hereinbefore reserved,
or any of them, or any part thereof respectively, shall be unpaid for twenty days next after any of the said days of payment (the same being lawfully demanded upon or at any time before or after such twenty days, and not paid on such demand made) (A), or if breach shall be made in any of the covenants, conditions, or agreements in these presents (l) contained, and on the part of the said C. D., his executors, administrators, or assigns, to be observed or performed, or if the said C. D., his executors, administrators, or assigns, shall, at any time or times during the said term hereby granted, suffer a judgment to be obtained against him or them in any of her Majesty's Courts of
(£) If a condition of re-entry be reserved for non-payment of rent generally, or on "the same being lawfully demanded," the lessor must observe a number of minute and tedious forms with the utmost exactness before he can re-enter; (1 Wins. Saund. 287, n. (16)); and though the qualification in the text somewhat facilitates the proceeding, it is much better to give the power of re-entry on non-payment of the rent, " whether the same shall have been lawfully demanded or not." No injury is done to the lessee, as equity always relieves against a re-entry for non-payment of rent, on payment of arrears with interest. ( Wadman v. Calcraft, 10 Ves. 67).
(l) See the case of Doe d. Spencer v. Godwin, 3 Mau. & Sel. 265, cited supra, p. 65, n. (A).
Or A FARM.
Record, and not pay the debt and costs recovered, or if any
fiat in bankruptcy shall issue against him or them, or if he
or they shall become insolvent or unable to stock and
manage and carry on the said farm and premises, or shall
leave his or their place of abode and abscond for the
space of one calendar month, or in case this present lease
or the term of years hereby granted shall be assigned or
assignable, at law or iu equity, for or by reason of any
insolvency or bankruptcy of the said C. D., his executors,
administrators, or assigns, then it shall be lawful for the
said A. B. and his assigns into and upon the said demised
premises, or any part thereof in the name of the whole, to
re-enter, and the same premises to have again as in his
or their former estate, and from thenceforth the said term
hereby granted shall absolutely cease and determine: And Covenants by
The Said A. B. doth hereby for himself, his heirs, executors, the If88** *?
J ' ' » erect certain
administrators, and assigns, covenant with the said C. D., buildings, &c. his executors, administrators, and assigns, that he the said A. B. and his assigns shall and will, within three calendar months next ensuing, at his and their own costs and charges, erect and build upon the same premises one long open bullock-shed, and also make and put down a new floor to the house-barn, and put up new posts to the door of the same barn: And Shall and will, when necessary, —and to find set out and provide sufficient rough wood, bricks, lime, and fencing stuff, for repairing the said messuage or farmhouse and buildings, and the gates, posts, pales, and rails, stiles, hedges, and fences, upon the said demised premises, (except gate-irons): And Shall allow the said C. D., his —and to allow executors, administrators, or assigns, for his and their fo^ring^"' firing to be consumed and burnt on the premises, the bushes, thorns, and roots which shall arise from the said premises when the ditches shall be cut and scoured as hereinbefore mentioned, except such as shall be necessary for making a good hedge there, and repairing other fences belonging to the premises: And Also, That it shall —and that lesbe lawful for the said C. D., his executors, administrators, ^y^ndmarl or assigns, at all times during the said term, in an husband- for use on the like mamier to dig and take away any quantity of clay and marl to be used upon the demised premises, out
materials for lessee's repairs;
Of A Farm. 0f or from such part or parts of the said premises as the said A. B. or his assigns, or his or their steward or agent, —and that, in shall set out, and not elsewhere: And That, in case the sofwill rebuild *^ messuage and tenement and other buildings hereby dein six months; mised, or any part hereof, shall at any time during the said term be burnt down, destroyed, or damaged by fire, he the said A. B. or his assigns shall and will, at his and their own costs and charges, within six calendar months, or as soon after as conveniently may be, rebuild or well and —and for quiet sufficiently repair the same: And That it shall be lawful tiU^rtain""" *or tne sa^ ^' ms executors, administrators, or assigns, day after the paying the said yearly rents, and observing and performing for the purpose au tne covenants in these presents contained on his and of threshing, their parts to be observed and performed, quietly to hold
Sec, the last „ , , , , , , , ?, . i
year.s crops; all the lands and other hereditaments hereby demised, or expressed and intended so to be, during the said term determinable as aforesaid, and the barns and stack-yards, until the day of next after the expiration thereof, in case the said A. B. shall so long live, for the laying, threshing, and dressing his and their last year's —and that lea- crops: And That he the said A. B. or his assigns, or tain'acts for fa- ms or their next incoming tenant, shall and will, when cilitating the thereunto required by the said C. D., his executors,
disposal of such , . .
crops; administrators, or assigns, and at seasonable and proper
times, find and provide, gratis, a sufficient number of waggons, horses, and drivers, for the purpose of carrying or removing into the barns of the said premises, all the crops of corn, grain, or pulse, which shall grow on the said premises in the last year of the said term hereby granted, and shall pay and allow to the said C. D., his executors, administrators, or assigns, for the threshing and dressing of the said last year's crop, at the usual
rate paid for the same in the neighbourhood of ,
in. the said county, and shall carry out and deliver the same in quantities of not less than twenty coombs at
a time to any place not exceeding the distance of
from the said demised premises, and bring back the empty sacks, the said C. D., his executors, administrators, or assigns, paying the tolls at the turnpike-gates,
—and allow and for unloading the same corn or grain: And Also