Page:Halsbury Laws of England v1 1907.pdf/471

 — — Part manure

III.

Covenants and Custom of the Country.

until sold to

an incoming tenant valuation

an incoming tenant, and trespass lies against he remove and use the manure before the

if

(h).

249 ^^gt.

6.

Manuring and other

A

covenant by a tenant to manure with two sufficient sets of Covenants, muck within the space of six of the last years of the term, the last covenant to set to be laid within three years of the expiration of the term, is manure twice ^^^^ satisfied by laying both sets within the last three years of the term(i). The condition of a bond that the tenant would not sell or convey Covenant not aAvay any dung, compost, or manure from the farm is broken by ^^i^Me^^ the removal of manure made by cattle purchased from the tenant and allowed to remain on the farm and fed by the purchaser with provender from his own farm (k). It is no answer to a breach of covenant not to remove manure unless on payment of an additional rent, that the tenant brought upon the premises a quantity of manure larger and better in quality than that carried away(Q.

A

covenant by a tenant that he will consume on the farm all etc., but that if he shall take or sell off any part thereof, which he is at liberty to do, then for every ton sold he shall bring back and spread a certain quantity of manure, is an alternative covenant, and in order to make the tenant liable for a breach of it, both failure to consume and failure to bring back manure must be proved

524.

the turnips

Alternative covenant,

525. A covenant not to sow with more than two grain crops during Cropping four years applies to any four years of the term however taken, covenants, and not to each successive four years from the commencement (n). A covenant to cultivate on the four-course system according to the custom of the country means cultivating in that manner only so far as is obligatory by the custom (o). Under a covenant by the tenant to permit the landlord to enter on such part of the land as in the last year of the term shall be sown with barley or oats, and to sow clover therewith, the tenant is not bound to inform the landlord of an intention to sow barley or oats(j9). Sect.

7.

Additional Rents, Penalties

etc.

526. It is common in agricultural leases for the tenant to covenant Enforcement stipulation, not to do certain acts, with a stipulation that if he do them he will pay an additional rent, or a sum of money. There are many decisions on the form of such covenants and stipulations, some turning upon matters of pleading, as whether the plaintiff should declare upon the breach of covenant not to do the particular act, or upon the breach of the stipulation to pay the additional rent (q) and some upon the question whether the additional rent or penal sum was

Beati/Y. Gibhons {1812), 16 East, 116. Poiunall V. Moores{m22 5 B. & Aid. 416. [k] Hindle v. PoZ/vY^ (1840), 6 M. & W. 529. (/) Leyh V. Lillie (1860), 6 H. & N. 165. (m) Richards v. Bluch (1848), 6 0. B. 437.

) Fleming Y. Snook {18^2), 5 Beav. 250. (o) Newson v. Sm.tjth'ies{l8bd), 1 P. & F. 477. (h)

(*)

Ip) iq)

Hughes

y.

See Hurst

Bichman v.

{1114:), 1 Cowp. 125. Hurst (1849), 4 Exck. 571; Legh

v. Ltlh'e,

supra.