16 APPENDIX. 



time, at any time or times during this demife, enter into and upon the faid demifed premifes or 

 any part thereof, and view, fearcb, examine into, and fee the (late and condition of the fame,* and 

 leave notice in writing thereon of fuch defects or want of reparation, fcouring, cleanfing, or 

 amendment, as (hall be then and there found : and in cafe the faid Bartholomew Bell, his 

 executors, adminiftrators, or affigns, {hall not well and fufficiently repair and amend the fame 

 \\ithinthreccalendarmonthsnextafterfuchnotice, that then he the faid Andrew Atkins, his heirs 

 or affigns, or his or their agent for the time being, with artificers and workmen, fhall and may 

 enter into and upon the faid demifed premifes, and do, rectify, and complete fuch reparations 

 and defects, and charge the cofts and expences thereef unto and upon the faid Bartholomew 

 Bell, his executors, adminiftrators, and affigns, as an additional rent for the faid demifed pre 

 mifes for the year in which he or they (hall neglect to do fuch repairs ; and upon non-payment 

 thereof, he the faid Andrew Atkins, his heirs or affigns, or his or their agent for the time 

 .being, fhall and may levy and recover the fame by diftrefs and fale of the goods and chattels to 

 be found on the faid demifed prernifes or any part thereof, in fuch ample manner and form, 

 and as fully and effectually as he or they may levy the faid original or proper rent hereby referved, 

 or either of them, in cafe the fame fhall be in arrear ; AND LIKEWISE, that he the faid Bartho 

 lomew Bell, his executors, adminiftrators, and affigns, from time to time, and at all times dur 

 ing the continuance of this demife, fhall and will plant quick in the deader decayed part of 

 the hedges of the faid demifed premifes, and ufehis and their beft endeavours to preferve and 

 keep from bite of cattle, and other deftruftion, fpoil, and damage, as well the faid quick, as all 

 and every the woods, underwood, timber, and other trees and faplings, which now are or 

 hereafter fhall be planted or growing on the faid demifed premifes, or any part thereof ; and 

 fhall not nor will cut or break down, root up, top, lop, or injure any or either of them, except 

 taking timber for repairs, by appointment as aforefaid, and alfo taking, by like appointment 

 (and not otherwife), from fuch of the faid trees as are pollards, reasonable wood for fummer 

 fuel in the dairy only, and for ploughbote, cartbote, and hedgebote, off and on the faid demifed 

 premifes ; and fhall and will conftantly inhabit, or caufe to be inhabited by a fit and proper fa- 

 mily, the dwelling-houfe, and occupy, manage, manure, and improve, in a good, proper, and 

 hufbandlike manner, the lands and premifes hereby demifed, and not burn, bat, run out, or 

 otherwife beggar or impoverifh, nor commit or fuffer any wafte, fpoil, or destruction on the 

 fame, or any part thereof;! and alfo fhall and will threfh and clean on the faid demifed premifes, 

 all the corn and grain which fhall be grown thereon, and eat and confume thereon all the hay, 



* A leffor may enter upon the premifes of his leflee to fee the Mate ot the repairs, though there 

 be no covenant for that purpofe, fuch liberty being allowed by law for the general benefit of the lef- 

 for s eftate. Coke Lit. 34. 



f Although a tenant does not hold under any leafe, the mere relation of landlord and tenant will raife 

 an implied promife on the part of the tenant to cultivate the land in a good and hulbandlike manner. 

 5 Term Reports, 373. 



And under a general covenant to ufe the premifes during the term in a careful, proper and hujband- 

 like manner, the tenant muft expend all the manure made upon the land, upon the demifed premifes ; 

 but is not obliged to bring back manure produced by ftraw and the like, carried away at the end of his 

 , term, Same Reports, 379. 



