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II abendum.

the said premises, with free liberty to fall, cut down, convert, cord, coak, and carry away the said trees, and to bore, dig for, and carry away the said mines and quarries, doing as little damage as may be, and making reasonable satisfaction for such damage; and also free liberty to hunt, course, shoot, net, fish, and otherwise sport upon the said premises, at his or their will and pleasure.) To have and to hold the said messuage or tenement, lands, and all other the premises hereby demised, or intended so to be, with the appurtenances, (except as is before excepted,) unto the said C. D., his executors, administrators, and assigns, from the 25th day of March last, for and during and unto the full end and term of, &c., thence next ensuing, and fully to be complete Reservation. and ended; yielding and paying' yearly, and every year during the term hereby demised, unto the said A. B., his heirs and assigns, the rent or sum of L. of lawful money of Great Britain, at two usual days of payment of rent; (that is to say,) the 29th day of September and 25th day of March, by even portions, without any deduction or abatement for taxes or otherwise, (except the land-tax ;) and also yielding and paying unto the said A. B., his heirs and assigns, above the said yearly rent before reserved, the additional rent of L. of like lawful money, for every acre of meadow or pasture-land hereby demised, which the said [tenant,] his executors, administrators, or assigns, shall at any time during the said term hereby granted plough, till, dig, break up, sow, convert into, have, or use, in tillage, or cause or permit to be ploughed, tilled, had, digged, broken up, sown, converted into, had, or used in tillage, without the consent in writing of the said A. B., his heirs or assigns, first obtained, and so in proportion for any greater or less quantity than an acre thereof, which, during the said term, shall not be cultivated and

Further reservation.

For Habendums in Leases, see p. 45.

y See Reservations, p. 47.

default, &c. Covenant to

by mouths

manured in all respects according to the covenants and agreements hereinafter contained, (without the consent of the said A. B., his heirs or assigns, in writing first had and obtained for that purpose ;) the said additional rents to be first paid on the 25th day of September next after the same shall first become due, and to continue payable yearly during the continuance of the said term, without any restriction or abatement whatsoever. [Add covenants to pay the rent, and keep premises in repair. (See p. 103.)] Proviso for And also, that the said C. D., during the said term, re-entry in shall and will consume by the mouths of cattle or otherwise, upon some part or parts of the said pre- pay rent. mises, all the hay, straw, and stover, which during To consume the said term shall grow upon, or be gotten off or of cattle, hay from the said premises, or any part thereof; and and straw. shall and will, in an husbandlike manner, lay, spread, spend, and bestow upon the said premises, all the And to spread muck, dung, manure, and compost, which during the all the muck same term shall be made upon or arise from the said premises, or else leave the same, at the expiration or other sooner determination of the said term, for the use of the said A. B., his heirs or assigns, without requiring any satisfaction for the same. And also, Not more that he, the said C. D., his executors, administrators, than three or assigns, shall not nor will take more than three crops during crops from any part of the said demised premises, tillage. during any one course of tillage; and upon every breaking up of any part of the said lands, shall and will convert the same into a good summer fallow, with not less than five ploughings, and sufficient harrowings between each ploughing, such ploughings to be performed between the months of May, June, and July; and shall and will manure each fallow with well-reduced rotten muck or dung, at the rate of fifteen cart-loads, each load to contain one cubical yard, or with eighty bushels of well-burnt clod lime, or sixteen cart-loads of marl, to every acre, and so in

• For Covenants in Leases, see p. 103.

on premises.

one course of

crop.

To cultivate

lands in an husbandlike

way.

Winter-corn proportion to a greater or less quantity thereof. And shall and will sow the same with wheat or wintercorn crop at the following winter-corn seedness, and at the spring seedness next after such wheat or winter-corn crop, shall and will lay down the same with barley or oats, and good sound clover-seed, after the rate of one strike and a half to every acre, and so in proportion to a greater or less quantity thereof; and in manner aforesaid shall and will in every year of the said term lay down not less than seven acres of the said demised premises. And also, shall and will in all respects cultivate, manure, use, and manage the said premises, and every part thereof, during the said term, according to the course of good husbandry. And also, shall and will well and sufficiently hay up and fence in, previous to the 2d day of November next before the expiration or other sooner determination of the said term, all such land as shall have been clovered down the preceding Lent seedness, and shall not afterwards suffer any cattle or sheep to be turned into the same, or permit the same to be otherwise injured; in consideration whereof, he or they shall receive or be allowed out of the last year's rent the prime cost of such clover and grass-seeds. And also, that it shall be lawful for the said A. B., his heirs or assigns, or his or their succeeding tenant or tenants, and his, their, or any of their agents, servants, and workmen, to enter into and upon the said premises, or any part thereof, at all times in and after the month of November next before the expiration or other sooner determination of the said term, to pin-fallow, hedge, ditch, and do all such other acts as shall be necessary for and to take in the proper cultivation thereof. And also to enter hand all the and take into his or their hands all the meadow or the 2d of Feb- usual mowing-ground belonging to the said demised ruary preced- premises, on the second day of February next before ing, &c.

Landlord or

incoming tenants to enter, to pin

fallow in the

November preceding expiration of term;

meadow on

the expiration or other sooner determination of the said term, without any abatement of rent, or other recompence for the same. [Insert proviso for re-entry

in repair by a

have a boozy

pasture.

on non-payment of rent, and non-performance of covenants. (See p. 81.)] And the said A. B. doth Lessor to put hereby for himself, his heirs, executors, and admi- the premises nistrators, covenant, promise, and agree with and to certain time. the said C. D., his executors, administrators, and assigns, in manner following; (that is to say,) that he, the said A. B., his heirs or assigns, shall and will, before the 20th day of August next ensuing the date hereof, put the said demised messuage and buildings in good tenantable order and repair. And Lessee to also shall and will appoint and allow the said C. D., his executors, administrators, or assigns, a convenient boozy pasture, for the purpose of eating and consuming the hay, straw, and fodder, arising from the said premises, until the 1st day of May next after the expiration, or other sooner determination of the said term, without making any satisfaction for the same; and that the said C. D., his executors, administrators, and assigns, paying the rents, &c., peaceably to enjoy, &c. (See p. 108.) And, lastly, it is hereby Lessee to be agreed and declared, that the said C. D., his executors, entitled to administrators, and assigns, shall be entitled to such winter-corn as, according to the regulations aforesaid, ought to be sown, and shall be growing upon the said demised premises at the expiration or other sooner determination of the said term, and shall get in and thrash the same in the barn there, and the said barn to be emptied thereof before the 1st day of May next following the harvest or reaping thereof, and the straw and chaff thereof to be left properlycollected upon the said premises for the use of the said A. B., his heirs and assigns, without any satisfaction for the same. In witness, &c.

A SHORT LEASE OF A PIECE OF LAND, FROM HUSBAND

[blocks in formation]

winter-corn.

This indenture, made, &c., between A. B., of, &c., Parties.'

• Where lands belong to the wife, the rent must be

Consideration.

Habendum.

and M. B., his wife, (before her marriage with him called M. S.,) of the one part; and C. D., &c., of the other part; Witnesseth, that, in consideration of the rent hereby reserved, and of the covenants, provisos, and agreements hereinafter contained, on the part and behalf of the said C. D. to be paid, done, and performed, they, the said A. B. and M., his wife, have granted, demised, and to farm let, and by these presents do, &c., unto the said C. D., his executors, administrators, and assigns, all, &c., together with all and singular paths, &c. To have and to hold the said pieces or parcels of land, hereditaments, and premises, intended to be hereby demised, with the appurtenances, unto the said C. D., his executors, administrators, and assigns, for and during the term of, &c., now next ensuing, and fully to be complete and ended; yielding and paying therefore yearly, and every year during the continuance of this demise, unto the said A. B. and M., his wife, and the heirs of the said M., the yearly rent of, &c. Provided always, and it is hereby declared, that in case the said payment of yearly rent of, &c., or any part thereof, shall happen to be behind or unpaid by the space of thirty days next after the same shall become due and payable, (being lawfully demanded,) that then, and in such case, it shall and may be lawful to and for the said M., his wife, and her heirs, into the said messuage, &c., to re-enter, and the same to have again, repossess, and enjoy, as in his, her, or their former estate, any thing herein contained to the contrary notwithstanding. [Add a covenant by C. D. with the said A. B. and M., his wife, and her heirs, to pay the rent And to use and taxes, and other usual covenants. (For which lands in a hus- see p. 103, and preceding leases.)] In witness, &c.

Rent.

Proviso, in default of

rent, to re

enter.

bandlike man

ner.

reserved to the husband and wife and the heirs of the wife, and the term must commence from the making of the lease, if for lives not exceeding three, or years not exceeding twenty-one, (38 Hen. 8, c. 28.)

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