APPENDIX* I* 



and 1 for the faid Andrew Atkins, his heirs and afftgns, the aforefaid yearly rents of pounds, 

 twoftrikes or bufhelsof oats, one couple of fowls,twodays labour with a waggon, a waggoner.and 

 four horfes, and the keep of a dog and a cock, and alfo the faid feveral other yearly and other 

 rents or fums of money herein before referved (if the fame fhall refpe&ively became payable),, 

 on the days and in the proportions herein before limited and appointed far payment thereof 

 respectively ; awd fhail and will pay, bear, and difcharge, all taxes, rents, afleflmenis, and im- 

 pofitions vvhatfoever (except the land-tax*), which fhall be charged on, or become payable for 

 or in refpeft of the faid demifed premifes, or any part or parcel thereof, from time to time, or 

 at any time or times during the continuance of this demife : and alfo fhall and will, at his and 

 their own proper cofts and charges, well and fufticiently repairf, fcour, cleanfe, amend, main~ 

 tain, keep, and preferve the faid mefluage, tenement, and other the premifes hereby demifed,. 

 and all the houfes, edifices, walls, buildings, hedges, ditches,, mounds, gates, bars, ftiles, pales,, 

 rails, fences, foughs, drains, gutters, and water-courfes,which now is or are, or at any time dur 

 ing the continuance of this demife, fhall be in or upon the faid demifed premifes, or any part- 

 thereof, in, by, and with all needful and neceffary repairs, fcoufings, cleanfings, and amend 

 ments whatfoever, where, when, and as often as need fhall be or occafion require ( accidents bjr 

 tire only excepted); and at the end, or other fooner determination of this-demife, all and fingular 

 the fame premifes and every part and parcel thereof fo refpeclively well and fufficiently repair 

 ed, cleanfed, amended, kept,, and preferved, fhall and will leave and yield up,, unto the faid&amp;gt; 

 Andrew Atkins, his heirs or afligns, he the faid Bartholomew Bell, his- executors, adminif- 

 trators,and afligns, having fo and towards the doing fuch repairs, neceflary and convenient 

 rough timber on the ftem on the faid demifed premifes,or within two miles thereof, by the ap 

 pointment of the faid Andrew Atkins, his heirs or afligns, or his or their agent for the time 

 being, and not otherwife : AND FURTHER, that the faid Andrew Atkins, his heirs or afligns, and- 

 his or their agent for the time being, with artificers and workmen, fhall and may,, in the day. 



* The leflfeehas a right in all cafes to flop the land-tax out of the rent to his landlord, unlefs there i$. 

 an exprefs agreement that he fhall not. Saber s Reports, 78. 



But an exception as to the land-tax, only extends to that Aim which was payable at the time of 

 the execution of the leafe ; and if the tenant by improvements, fuch as new buildings or the like, 

 occafions an increafe in the future affdTments, the landlord is not liable to deduct out of his rent 

 more than the amount of the original charge at the time the leafe was. granted. 3 Term Reports f 



3?7- 



The leffee or tenant has atfo a right to deduct the amount of the property-tax chargeable on land- : 

 lords, out of the rent payablte to them ; and that, although fuch leflee or tenant may have in exprefs 

 terms covenanted to pay fuch tax : for by. the act 46 Geo. 3, cap. 65,.which impofes this duty,. all covenants^ 

 to that effect are declared to be void and rendered ineffectual, whether they were entered into-before on 

 aiter the paffing of the act. 



f Under this covenant tkt ordinary, and natural decay is- no breach thereof. Fitzhe rberfs Abr+ Tit*. 

 Cov. /. 4. 



And if the leflee pulls down Aoujes orfujfcrs them^to deray^ no, action will lie againfl him till, the end.of 

 the term ; for before that time he may repair them. Fitzherberi t .M B. 341. 



But if he cuts down timber or trees, covenant lies immediately j for fuch cannot. be replaced, in th-; 

 .&me plight at the end of the term. Ibid, 



