QS APPENDIX 



trrm, drefs, manure, improve and manage, the faicl hereby demifed prcmifes, and every par t 

 thereof, according to their feveral qualities, agreeable to the rules of good husbandry, and ac- 

 cording to the cuftom and ufage of the laid county of, and at the end or other fooner determi 

 nation of the faid term, leave and yield up the faid hereby demifed premifes, and every partand 

 parcel thereof, with their appurtenances, fo repaired and amended, manured, improved, and 

 managed, into the hanas of the faid Andrew Atkins, his heirs or adigns, without any notice 

 for that purpofe.* AND the faid Andrew Atkins, for himfelf, his heirs, executors, adminif- 

 trators and afllgns, doih, by thefe prefents, covenant and agree with the faid Bartholomew 

 Bel!, his executors, adminiftrators and afligns, that he the faid Andrew Atkins, his 

 heirs or affigns, fliall and will, from time to time, and at all times during the faid 

 term, repair and keep in repair the main and principal walls, roofs, and coverings, 

 of all fuch parts of the dwelling-houfe, barn, cidcr-mlll-houfe, and oiler buildings 

 of the faid demifed premifes as are covered with flate. AND that he the faid Andrew Atkins, 

 his heirs or atfigns, when thereunto requeued by the faid Bartholomew Bell, his executors, ad- 

 ininiftratorsorafllgns,and within one calendar month afterevery fuch requeft, fhall and willaffign 

 orfetoutto the faid Bartholomew Bell, hisexecutors, adminiftrators or afligns, fuch tree ortrees 

 growing on the faid hereby demifed premifes, as (hall or may, in the opinion and judgment of 

 ihe faid Andrew Atkins, his heirs or affigns, be fit and proper for the needful and neceflary 

 repairs of the floors, doors, pofts, ftiles, or gates of the fame premifes, or the cider-mill, or 

 any of the implements or utenfils therewith ufed- AND that it fhall and may be lawful to and 

 for the faid Bartholomew Bell, his executors, adminiflrators and afilgns, by and under the due 

 payment of the faid rent, and the obfervance and performance of thefaid covenants and agree 

 ments hereinbefore expreffed and contained, and to be obferved and kept on his and their parts 

 and behalves, peaceably and quietly to have, hold, ufe, occupy, poffefs and enjoy the faid 



* If a tenant holds over after the expiration of his term he is a tenant by fufferance, and will con. 

 tinue liable to rent : and upon the trial of an action for fuch fubfequent ufe and occupation of the 

 premifes, the original rent, unlefs there is a new agreement with the landlord, will be the meafure of 

 the damages to be given by the jury for fuch ufe and occupation. 



It is however to be obferved, that where a tennis to end on a precife day, whether the contract is 

 by deed or writing, or by parol or words only (as in the cafe of a taking for one year certain, and there 

 is no holding over), there is no occafion for a notice to quit, becaufe both parties are apprifed that, 

 unlefs they come to a frefh agreement, there is an end of the fubfifting leafe or contradt between them ; 

 Mnd if the landlord gives notice to his tenant to quit at the expiration of the leafe or term, and the 

 tenant holds over, the landlord is entitled to double rent, i Term Reports, 53. 



For by the ftatute 4 Geo. II. c. 28, f. i, it is enacted, that if any tenant fhall wilfully hold 

 over after the determination of ths term, %nd after demand made in writing for the delivering the poffejjion 

 thereof, fuch perfon holding over mail pay double the yearly value of the premifes fo detained, to be 

 recovered by action of debt, whereunto the defendant fhall be obliged to give fpecial bail ; againit 

 w)ucl| penalty there fhall be no relief in Equity, 



