APPENDIX. 17 



it raw, fodder and fuel, which {hall be produced on the fame or any part thereof, and Jikewife 

 (hall and will yearly, and every year, during the continuance of this demife, at feafonahle 

 times, and in an hufbandlike manner, fpend, ufe, fpread and bellow, in and upon fit and 

 proper parts of the faid demifed premifes, four waggon-loads of good ftone lime, and all the 

 muck, dung, comport, and manure which (hall be made, produced, or raifed on the faid de 

 mifed premiles, or any part thereof ; and fhall not nor will breakup or fow with corn or 

 grain, any more or other part or parts of the lands hereby demifed, than he or they lhall at 

 any time well and futHciently manure, nor take more than three crops therefrom under any 

 one tillage, for one of which crops he or they fhall and will make a fummer fallow, or 

 have a fallow fown with turnips on the fame ground, or break up a clover-lay of the firft or 

 fecond year s growth, and well manure the fame, and with the laft of fuch crops lay down the 

 land fo tilled therewith, well fown with a proper quantity of good clover and rye-grafs feeds j 

 and fhall and will at the end, or other fooner determination of this demife, leave on the faid 

 demifed premifes, to and for the ufe and benefit of the faid Andrew Atkins, his heirs or affigns 

 one half part of all corn and grain whereof the feed {hall have been tilled or fown thereon 

 at the then laft feednefs,* in any brufh or ftubble, and one-third part of all corn and grain 

 whereof the feed {hall have been fown thereon, at the then laft feednefs, in a fallow or a 

 clover lay of the firft or fecond year s growth, well manured ; and alfo all the muck, dung, 

 comport, and manure which fhall be made, produced, or raifed on the faid demifed premi 

 fes, or any part thereof, during the then laft twelve months, without having or claiming any 

 allowance or fatisfaclion for the fame. And alfo (hall and will permit and fuffer the faid 

 Andrew Atkins, his heirs and afligns, to have, exercife, and enjoy all and every the liberties 

 privileges, matters and things herein before excepted out of this demife, without any let or 

 moleftation, and (hall not nor will affign, fet or let, or yield and deliver up the poffeflion of the 

 faid demifed premifes, or any part thereof, to any pei fon or perfons whomfoever without 

 the licence of the faid Andrew Atkins, or his heirs or affigns, firft had and obtained in writ 

 ing, and that only for fuch time, to fuch perfon or perfons, and in fuch manner and form 

 as (hall in fuch licence be expreffed ;t nor fhall nor will permit or fuffer any perfon or 

 perfons to make or ufe any road or path, other than thofe which are or (hall be lawfully 



* As to way-going crops, fee the chapter which treats on &quot; Wrongs in rrfpeft to the rights of 

 tenants.&quot; 



f- A covenant not to ajjlgn, transfer, fet over, or othertoife do or put away the leafe or prcmifcs, does not 

 extend to an underleafe granted for part of the term, a Blatkf. 766 ; 3 Witfon, 234. 



But if a leafe contain a provifo, that the leffee and his adminifirators, fhall noi Jet, let, or effg* 

 ever, the adminiftratrix of the lefiee, cannot underlet without incurring a forfeiture. 3 Ter. Rip. 4:5. 



Yet if the lefTee by will devifcs the term without the leflbr s confent, this will not be a breach of the 

 covenant. Style, 483. 



And it fecms that any aflignment by aft of law, is not a breach of this covenant ; as if the lefTce 

 become a bankrupt, an alignment by the afligoees under his commiffion is not a breach of covenant, j 

 Wilfen, 736. 



c 



