UNDER A -(amongst others,) for repairs; -except as to to be done by the tenant for life; -the lessors finding materials; and form following (that is to say): THAT he the said G. H., his executors, administrators, or assigns, shall and will &c., [covenants to pay rent (see infra, Precedent IX.) and taxes-inhabit the house-and repair and maintain, supra, p. 51], (EXCEPT Such of the repairs and amendments certain repairs mentioned in the schedule hereunder written as shall be done by the said E. F. in pursuance of the covenant hereinafter on his part contained), when, where, and as often as need or occasion shall be or require, and whether particularly required by notice or not: THEY THE SAID A. B. and C. D., their heirs and assigns, and other the person or persons who, under the limitations of the said indenture of the day of, shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the term hereby created, upon reasonable request and timely notice to them in writing as hereinafter mentioned, providing and allowing on the said premises, or within miles distant therefrom, sufficient rough timber, bricks, tiles, lime, and iron, 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 (damage by fire or tempest happening to any of the said buildings always excepted out of this present covenant to repair): AND SHALL and will from time to time, during the said term, repair, maintain, preserve, and keep in good order all plantation fences in or upon the said lands hereby limited and appointed, or in or upon any lands next adjoining thereto, the said A. B. and C. D., their heirs or assigns, or other the person or persons entitled as aforesaid, 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, -and to repair adjoining plant ation fences; is bound by the does not appear to have been expressly decided, but it seems probable that he would be held to be so bound. (Goodtitle v. Funucan, 2 Doug. 565, 572; see too Hurd v. Fletcher, 1 Doug. 43; Evans v. Vaughan, 4 B. & C. 261; S. C. 2 Dow. & Ry. 349; 2 Chance on Powers, 225). covenants of a donee of a power of leasing. towards the future repair of the said fences, but without day of shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the said term hereby created, and their or his agents, servants, or workmen, twice or oftener in every year during the said term, to enter and come into and upon the said 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 G. H., his executors, administrators, or assigns, to repair and amend the same within three calendar months from the day of such notice, within which said time, he the said G. H., his executors, administrators, or assigns, shall and will repair and amend the same accordingly: AND ALSO, THAT it shall be lawful for the said A. B. and C. D., their heirs and assigns, or other the person or persons entitled as aforesaid, in case he or they shall be desirous so to do, at UNDER A -and that les see will do carriage work for lessors; -and supply tity of straw at any time or times during the said term, to remove any cottage or cottages now standing and being upon the said farm, 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 FURTHER, THAT he the said G. H., his executors, administrators, or assigns, shall yearly perform days' carriage work with a waggon and team of horses, for the carriage of coals to Hall aforesaid, or otherwise for the use of the said A. B. and C. D., their heirs and assigns, or other the person and persons who, under the limitations of the said indenture of the day of shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the term hereby created, not exceeding the distance of miles from: AND SHALL supply to a certain quan- and for the use of, and deliver at the said Hall once in every year during the said term, — waggon loads of good wheat-straw, without being paid or receiving any remuneration for the same (d): AND SHALL, yearly during the said term, cause not less than one-sixteenth part of the fences belonging to the said premises hereby appointed to be properly cut and scoured, and ditches made thereto four feet and a half wide at the top, one foot wide at the bottom, and three feet and a half deep perpendicularly, and plant white thorn layers in the vacant places, when and where the said A. B. and C. D., their heirs or assigns, or other the person or persons who, under the limitations of the said indenture of the day of, shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the said term hereby created, or their or his agent, shall appoint, and in default of such appointment, when and 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 the mansionhouse, comprised in the settlement; and manage the fences in a specified man ner; (d) See supra, p. 55, n. (g). UNDER A fences, or cut away the banks, or remove the soil from any of the fences upon the said farm, without the license in writing of the said A. B. and C. D., their heirs or assigns, or other the person or persons entitled as aforesaid, 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 a yard and a quarter unploughed or unconverted into tillage from the stub of the layer 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 penalty of paying to the said A. B. and C. D., their heirs or assigns, or other the person or persons entitled as aforesaid, 10s. per rod for every rod of fencing which shall be managed contrary to the stipulations hereinbefore contained; and shall and will, when thereunto required by the said A. B. and C. D., or their heirs or assigns, or other the person or persons entitled as aforesaid, raise and make any new fence or fences in or upon any part of the said lands hereby limited and appointed, in the place of any old fences which the said A. B. and C. D., or their heirs or assigns, or other the person or persons entitled as aforesaid, may require to have levelled, or the white thorn layer of which may be decayed or worn out, the said A. B. and C. D., their heirs or assigns, or other the person or persons entitled as aforesaid, 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 or clipped: AND SHALL preserve all the young and preserve trees, layers, 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 term hereby created, standing, growing, or being upon the said premises, or any part thereof, from being injured by cattle the young trees; UNDER A -and not cut pollards and destroy anthills, &c.; --and destroy the weeds in the fences and elsewhere; or sheep: AND SHALL NOT fell, lop, or top any pollards, and shall also cut open and spread, when required or necessary, all the ant-hills and mole-hills which shall be upon the said premises hereby limited and appointed, and destroy the rats and mice, ants and moles, upon the said premises: AND SHALL and will, yearly during the said term, as often as necessary, mow and destroy the rushes, nettles, and other weeds growing upon the pasture lands or any other part of the said farm; and also weeds in the fences belonging thereto, to prevent the weeds seeding or growing --and warn off thereon: AND FURTHER, THAT he the said G. H., his sportsmen ; executors, administrators, and assigns, shall and will warn off all persons who during the said term shall hunt, hawk, fish, or sport upon the said premises, without the license or consent of the said A. B. and C. D., or their heirs or assigns, or other the person or persons who, under the limitations of the said indenture of the —and give no tice of sports men trespass ing to the lessors, who may bring actions in lessee's name; day of, shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the said term hereby created: AND THAT he the said G. H., his executors, administrators, or assigns, shall and will give to the said A. B. and C. D., their heirs or assigns, or other the person or persons entitled as aforesaid, 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 C. D., their heirs or assigns, or other the person or persons so entitled as aforesaid, in case any person or persons shall, during the said term, hunt, hawk, fish, or sport upon the said premises hereby limited and appointed, 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 G. H., 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. and C. D., their heirs or assigns, or other the person or persons entitled as aforesaid, provided that the said G. H., his executors, administrators, or assigns, shall be indemnified from the costs thereof: AND ALSO, THAT he the said G. H., his executors, management of administrators, or assigns, shall and will at all times during -and for the the farm in a |