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Agreement lowing, that is to say: the said A. B. agrees to ties to grant grant, and the said C. D. agrees to accept, a lease and accept a of ALL that messuage, dwelling-house, and pre

lease.

21 years.

Rent.

Covenants

mises, with the several peices or parcels of land, hereditaments, and premises, thereunto belonging, called, &c. situate, &c. and which peices or parcels of land are more particularly set forth by their names and admeasurement in the scale or schedule hereunder written, together with the rights, members, and appurtenances thereunto belonging.(1) To hold for To HOLD the same for the term of twenty-one years, from the day of, &c. now next ensuing, (or last past as the case may be,) at the yearly rent of £500, (m) to be paid half yearly, on the day of &c. and the day of, &c. now next ensuing, clear of all deductions, except land tax and chief rent. AND the said indenture of lease shall contain the following covenants, on the part of the Tenant to said C. D. that is to say, the said C. D. to pay the pay rent half rent as aforesaid, without any abatement except land tax and chief rent; and also to repair the premises, (being allowed materials,) and to make ditches for draining the water from off the cold and wet parts of the farm, and to yield up the same in reTo permit pair; and to permit the landlord to enter and view the state and condition of the premises; and to preserve the timber and other trees; and to forfeit £5. for every sapling that shall be negligently injured Not to mow or destroyed. Not to mow the pasture or clover or clover land twice in any one year; and in case of mowing

on the part of the lessee.

yearly.

To repair.

the landlord to enter.

the pasture

Reservations.

Eventual rents.

(1) If there is to be a reservation as to timber, &c. add," With an exception to be contained therein, reserving to the said A. B. all timber growing on the premises, with liberty to enter with servants or others, in the premises, to fell the same, and to sink sawpits for sawing thereof, and use the necessary means for charcoaling the same, and to drag and carry away the same, making proper satisfaction for trespassing. And reserving liberty to plant young trees. And also reserving all mines and minerals, with power to work and carry away the same, paying the tenant for damage done thereby."

(m) In case of eventual rents, add, " And also, at and under the yearly rent or sum of £20, for every acre of meadow or pasture ground, part of the said premises, which has not been broken up for 20 years last past, which the said C. D., shall plough or break up, and so on in proportion for a greater or less quantity, the first payment thereof to be made on the day of, &c. next.' Or say, "And also the additional reserved rents

of, &c.'

year.

To manure

when fallow

ed.

Number

of

acres to be

the pasture or clover land for two years together, the ground twice said C. D. shall manure the same, by laying twelve in any one good cart loads of manure to each acre; and not to take more than one crop of grain or pulse from off any of the land before the same shall be summer fallowed, with two wagon loads of well-burnt lime. the lands To use the lands not restricted from being ploughed according to the most approved mode, and according to the custom of the country. Not to sow more than half an acre of hemp or flax in any one year, nor sow any rape or cole for seed. To spend all the straw &c. on the premises. Not to have more than acres of wheat or winter corn at the had in tillage Michaelmas seedness previous to quitting, and that to be upon prepared clover leys or fallow, and to keep and set up the same, and house his customary share thereof, in a barn upon the premises, but with liberty to thresh out the same on or before the day of, &c. next ensuing the time of quitting, leaving the straw on the premises; and to per- tenant to enmit the landlord or incoming tenant in the last year ter upon the to enter upon the arable as soon as the crops have soon as the been taken off, to plough and manure the same, crops are off, with room for servants to lodge and diet, without

Incoming

arable as

And to

extinguishing of rent. The said C. D. to plough plough the

To preserve

tors of clod

any of the said lands at twelve shillings per acre, if lands. required by the said A. B.; and not to take Not to take any cattle or cattle or sheep to agist under a penalty of forty sheep to shillings for each beast, and five shillings for each agist. sheep; and to preserve the game, and to permit the game. his name to be used in informations or actions; and not to underlet or assign the said premises; and to lay upon the premises tons of good clod Number of lime; and to keep two dogs for the said A. B.; and lime to be also to perform three days carriage in each year for laid upon repairs; and also to expend per cent. on the said rent yearly, in draining or other improvements, to be verified by vouchers, but subject to the approval of landlord in all cases; and also, that a Proviso for proviso shall be contained in the said lease, for re- re-entry. entry by the said A. B., in case of non-payment of

the premises

on the part

to dig marl.

And for te

nant to cut underwood

wood.

nant to have

the use of the

1

the rent within twenty days after any the times aforesaid, or non-performance of the covenants Covenants aforesaid, or on assigning or underletting. AND it of the land is hereby further agreed, that the said intended lord. lease shall contain the following covenants on the For tenant part of the said C. D., that is to say, that the said A. B. may at all times dig marl and clay for the improvement of the lands, and also sufficient gravel to keep the roads in repair; and also, that he may cut underwood and brushwood, and lop pollard and brush- trees above the age of — for reasonable estover, and as much rough timber as may be needful for the And for te- repairs of the said premises; and for the said C. D. to have the use of the second barn, with stabling for second barn. four horses, and the stack yard, until, &c. after the expiration of the said term, for threshing the last year's crop, leaving the straw on the premises, and also to have room for servants to lodge and diet in For quiet as aforesaid; and lastly, for the quiet enjoyment by the said C. D. of the farm and premises during And lease to the term; AND it is hereby lastly agreed, that all contain all usual and reasonable covenants, (n) in respect to the farm, according to the nature and quality of the lands, and the custom of the country, and as counsel may advise in case of dispute, shall be inserted in the said intended lease, as well on the part of the said A. B. as of the said C. D.(o) In witness, &c.

enjoyment.

usual cove

nants.

(n) These will be considered such covenants as are usual in reference to the nature of the property, and the custom of the country, the term usual being understood as "reasonable" and "fair."-Prec. ch. 25. And a court of equity will enforce specific performance.-Boardman v. Mostyn, 6 Ves. 467.

(0) Here may be inserted-And it is lastly agreed, between the said parties, that the said (lessor) shall (or say "shall not") be bound to produce or show his title to the said farin and lands. (See p. 42.)

MISCELLANEOUS FORMS.

(1.)

Agreement for letting a small Farm from Year to Year.

ARTICLES of agreement indented, made this Parties. day of, &c., BETWEEN the (landlord) of, &c., for himself, his heirs, executors, and administrators, of the one part, and (tenant) for himself, his heirs, executors, and administrators, of the other part; THE said (landlord) in consideration of the rents, covenants, and agreements, hereinafter contained, on the part of the said (tenant) to be performed, doth hereby agree to let unto the said (tenant), and the said (tenant) agrees to take, ALL Premises. that messuage, &c., AND also, those several pieces or parcels of land called, &c., situate, &c., late in the occupation of, &c., containing, &c.; TOGETHER with all and singular houses, outhouses, edifices, buildings, barns, stables, yards, gardens, orchards, paths, passages, waters, water-courses, feedings, commons, common of pasture, hedges, ditches, mounds, fences, profits, commodities, advantages, and appurtenances whatsoever, to the said messuage or dwellinghouse, buildings, pieces or parcels of land, and hereditaments, belonging or in anywise appertaining; BUT excepting unto the said (landlord), his Excepting heirs and assigns, and his and their servants, agents, power of and workmen, at his and their will and pleasure, full power to come into and upon the said premises, as well to view the trees and wood then standing upon the said premises, as also to fell, lop, top, cut down, stock up, hew, saw, square, cord or charcoal the same, upon a convenient part or parts of the said premises; and to make a saw-pit or saw-pits for sawing thereof; and thereupon, to get, dig, and

F

entry.

To dig turves, &c.

To plant.

take turves, earth, sand, and other materials necessary for charcoaling thereof; and with horses, wagons, carts, and carriages, to have, take, and carry away the same, to and for his and their own use and benefit, making reasonable satisfaction for trespasses, for timber fallen upon the said premises; and also full and free liberty, power, and authority, to come into and upon the said premises, or any part thereof, and in the woods, coppices, hedgerows, and other convenient places thereof, with servants and others, to graft any trees there growing, and there to set and plant any young trees or stocks of what nature or kind soever, as to him or them shall seem meet, and to fence and preserve the same; and also with free liberty, power, and authority, to and for the said (landlord), his heirs and assigns, and his and their agents, servants, stewards, and workmen, at any time, to search for, dig, mine, take, and carry away, the minerals or produce there found, at his and their will and pleasure, making reasonable satisfaction unto the said (tenant) for all damage which he may sustain To hold for thereby, or by reason or means thereof. TO HOLD the said messuage or dwelling-house, buildings, pieces or parcels of land, and other the premises hereby agreed to be let (except as hereinbefore is excepted) unto the said (lessee), his heirs, executors, and administrators, from the twenty-fifth day of March last past, for the term of one whole year from thence next ensuing, and so on from year to year, until the said (landlord) shall give to the said (tenant) six calendar months' notice, in writing, of his intention to determine the same,(p) paying therefore yearly, and every year during the continuance of the tenancy, unto the said (landlord), the rent or sum of £ of lawful money, current in Great Britain, by two equal half-yearly payments, (that is to say,) the twenty-ninth day of September, and the twenty-fifth day of March in every year,

term.

Rents.

(p) "Or the said tenant shall give to the said landlord six calendar months' notice in writing," &c.

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