Page:Halsbury Laws of England v1 1907.pdf/473

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— Part

III.



Covenants and Custom of the Country.

251

Sect. 8. agricultural holding may practise any system of cropping of the arable land on his holding, and may dispose of the produce of Free Cropping and his holding without incurring any penalty, forfeiture or liability, provided that he has made, or as soon as may be makes, suitable Disposal of Produce. and adequate provision to protect the holding from injury or deterioration. In the case of disposal of produce, such provision Provision to consists in the return to the holding of the full equivalent be made against injury manurial value to the holding of all crops sold off or removed in to holdinff. contravention of the custom, contract or agreement. These provisions have no application, in the case of a tenancy from 3^ear to year as respects the year before the tenant quits the holding, or any period after he has given or received notice to quit which results in his quitting the holding, nor, in any other case, as respects the year before the expiration of the contract of tenancy (/).

529. If the tenant exercises these rights of free cropping and Landlord's disposal of produce in a manner that actually results, or is likely to i^'^r^'^resuit? result, in injury to or deterioration of the holding, the landlord is entitled, without prejudice to any other remedy which may be open to him, to recover damages in respect of such injury or deterioration at any time, and, should the case so require, to obtain an injuncIn tion restraining the tenant from so exercising his rights. default of agreement the amount of damage may be determined by a single arbitrator (Ji). Sect.

9.

Injunctions.

530. The general rule that affirmative covenants will not be en- When an forced by injunction applies to agricultural leases, and no injunction will therefore be granted to restrain breaches by a tenant of a cove- obtained, nant to repair fences (i), or to cultivate generally in a husbandlike manner (/c), or to keep the farm properly stocked (/). But if the proper observance of a covenant necessitates the abstention from doing a particular act, that act will be restrained by injunction and a tenant will be restrained by injunction from committing any act of voluntary waste or from acting contrary to the custom of the country. Thus a tenant may be restrained from ploughing up ancient pasture or meadow land (m), from sowing pernicious crops (n), from carrying away manure (o), hay, straw and turnips (79), and from damaging hedgerows (q), contrary to the custom of the country. And the injunction in such cases may be granted although there is no express covenant, but merely an implied undertaking to cultivate in a husbandlike manner according (/) Agricultural Holdings Act, 1906 (6 Edw. 7, c. 06), s. 3 (1). (h) Ibid., ss. 1 (2), 3 (2). (0 Bmjner v. Stone (1762), 2 Eden, 128. (k) Musgrave v. Horner (1874), 31 L. T. 632. (/) Phrpps V. Jackson (1887), 56 L. J. (CH.) 550. (m) Brurij v. Molins (1801), 6 Ves. 328 Lord Greij de Wilton v. Saxon (1801), 6 Yes. 106; FraM v. Brett{lSll), 2 Madd. 62. {n) Fratt v. Brett, supra. (0) Fnlteney v. Shelton (1799), 5 Yes. 260, n. v) Walton V. Johnson (1848), 15 Sim. 352. (1809), 16 Yes. 173. (2) Onsloiu V.