Page:Halsbury Laws of England v1 1907.pdf/467

 — Part

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Covenants and Custom of the Country.

III.

term of tenancy (Ji), and crop one-third of the arable for that purpose (i) that on a taking from old Lady Day (April 5) the tenant should enter upon the arable at Candlemas to prepare for that a tenant should be entitled to a portion of the Lent corn (k) the expenses of draining the land, though the drainage be done withthat if there be no out the landlord's consent or knowledge (/-) incoming tenant the landlord should pay to the outgoing tenant the valuation for fallows, dressings etc. {nij that a tenant should provide of the



245 Sect.

2.

Custom

of

Country,







work and labour,

and sowing, and all materials for cultivation in his way-going year, and that the landlord should make him compensation for the same (n) that the tenant should collect flints turned up in the ordinary course of good husbandry and sell them tillage



own benefit, notwithstanding a reservation in the lease of minerals to the landlord (o) that the landlord should deduct rent in arrear from the valuation payable to the out-going tenant {p). for his



Sub-Sect,

Exclusion of Custom.

4,

Where

the terms of a lease as to quitting a holding are incon- Lease inconsistent with custom of the country, the custom is excluded thus a custom. custom for an allowance from the incoming tenant torfoldage (a mode of manuring) was excluded by the terms of a lease which provided for the tenant keeping a flock of sheep on the farm and in the last year of the term carrying out the manure on to the fallows, the landlord paying on the quitting of the farm for fallowing the land and the cartage of dung, but nothing for the dung itself (q) and a provision in a lease that the tenant shall leave the manure in the fold to be expended by the landlord or incoming tenant, without mentioning any payment for it, excludes a custom for the outgoing tenant to leave the manure and be paid for it (?')•

512.

sistent with the





513. Where, however, the lease contains no stipulations as to the Inconsistency must be comof quittirig, the outgoing tenant is entitled to his way-going crop plete. according to the custom of the country, even though the terms of the holding may be inconsistent with such a custom (s). A stipulation in a lease that the tenant will consume three-fourths of the hay and straw on the farm and spread the manure arising therefrom, and leave what is not spread for the use of the landlord on receiving a reasonable price for it, does not exclude a custom of the country by which the tenant is entitled on quitting to receive

mode

(h) {i)

C.

& {k) (l)

Wigglestuorth

v.

Dallison (1779), 1

Tombs

Griffiths V.

(1833), 7 C.

&

Doug.

200. P. 810; Caldecott

v.

Smythies (1837), 7

P. 808.

Doe V. Snowdon (1778), 2 W. Bl. Moushy V. Ludlam (1851), 21 L.

(m) Dalby v. Hirst (1819),

1

Br.

&

1224. J. (q. b.) 64.

B. 224; Faviell v. Gaskoin (1852), 7 Exch.

273.

Senior v. Armytage (1816), Holt, N. P. C. 197. v. Linger (1883), 8 App. Cas. 508. (p) Be Wilson, Ex parte Lord Hastings (1893), 62 L. J. (q. b.) 628. (q) Wehb V. Flummer (1819), 2 B. & Aid. 746. {r) Roberts v. Barker (1833), 1 C. & M. 808. (s) Holding v. Pigott (1831), 7 Bing. 465; see also Martin v. Coulman (1834), 4 L. J. (k. B.) 37 Constable v. Cranswick (1899), 80 L. T. 164. {n)

(o)

Tucker