Page:Halsbury Laws of England v1 1907.pdf/470

 — Agriculture.

248 Sect

5.

the tenant will not remove any hay etc. from the farm it does not compel the tenant to cause it to be all consumed during the

Hay and Straw

tenancy

(s).

Covenants. Covenant not to sell or

remove.

522. A covenant by the tenant to pay an additional rent straw, or other dry fodder should be sold and taken off the enforceable by the landlord

if

if

hay,

farm is hay, even though damaged and unfit

has been taken off by the tenant (0A covenant by the tenant not to sell or remove from the premises during the last year of the term any of the hay, straw, and fodder for food,

which shall arise and grow thereon, prohibits him from selling or removing during the last year any hay, straw etc. grown in previous years {a). A covenant by a tenant not to sell any hay or straw etc. off the farm under penalty of additional rent is broken by a sale of straw off the farm by the tenant after the determination of the tenancy (h). An absolute covenant to consume hay and straw on the farm, being equivalent to a negative covenant not to remove it, may be enforced by injunction (c). Where a tenant bound by covenant to consume the hay on the farm, or to bring in manure, has sold, on quitting, a rick of hay without informing the purchaser of the obligation to bring in manure, and the hay is injured owing to delay in performing the covenant to bring in manure, the purchaser is entitled to refuse to take it, and the vendor cannot recover the price of the hay {d). Where a clause in a farming agreement provides that no hay or straw shall be sold off the holding, except the "value" of the hay etc. so sold off is returned in manure on the land, it is not clear whether the tenant, having sold the hay or straw, is bound only to return as much manure as the straw would have produced, or to return in manure the price or market value of the straw {e). Where the tenant is entitled to be paid by the landlord or incoming tenant at " a fair price " for the hay, straw etc. left on the farm, but not for the manure, he is entitled only to a fodder or consuming price of the hay and straw, not to the market price (/). And where he is entitled to be paid for the hay, straw, and manure left on the farm "at a fair valuation," the valuer is not necessarily bound to value the same either at the market or the consuming price, it being a matter of evidence what is a " fair valuation " {<g).

Sect.

6.

Manuring and

other Covenants,

523. A covenant by a tenant with his landlord to leave the manure leave manure made by him on the farm and to sell it to the incoming tenant at a on farm, and valuation, gives the tenant a right of on- stand on the farm for the sell to incomCovenant to

ing tenant. (s) {t)

(a) {b)

Muncey v. Denms (1856), 1 H. & N. 216. Fhldtn V. Tattersall (1863), 7 L. T. 718. Gale v. Bates (1864), 3 H. & C. 84. Massey v. Goodall (1851), 17 Q. B. 310.

Crosse v. Buckers (1873), 27 L. T. 816. ISmith V. Chance (1819), 2 B. & Aid. 753. (e) Lowndes v. Fountain {oo), 11 Exch. 487. (/) Clarke v. Westrope (1856), 18 C. B. 765. Cumberland v. Bowes (1854), 15 C. B. 348. (g (c)

(d)