306 CUSTOM OF THE COUNTRY. 



CHAPTER X. 



HUSBANDRY COVENANTS— CUSTOM OF THE COUNTRY. 



The law will imply a promise on tenant's part to cultivate his farm 

 in a luisbandlike manner, and according to the custom of the country 

 in which it is situated, unless the express agreement is inconsistent with 

 the custom. When a custom of the country is proved to exist, it is to 

 be considered as applicable to all tenancies in whatever way created, 

 whether verbal or in writing, unless expressly or impliedly excluded by 

 the written terms themselves {Wilkins v. Wood). 



The mere relation of landlord and tenant is a suflicient consideration 

 for the tenant's promise to manage a farm in a good and husbandlike 

 manner, and not to carry away any straw, dung, or compost, (Src, 

 {Poicley V. Wall^er). In assumpsit on a promise so to manage it, and 

 according to the custom of the country, it is suflBcient to allege the 

 breach in the words of the promise {Earl of Falmoidli v. Thomas). And 

 a count stating a contract by the defendant, to use the farm in a 

 husbandlike manner, is not supported by proof that he had agreed to 

 manage it in a husbandlike manner, to le kept constantly in grass 

 {Saunderson v. Griffiths). A breach of a covenant to cultivate ac- 

 cording to the custom of the country is sufficiently averred, by stating 

 that defendant did not so cultivate, without specifying instances [Martyn 

 adx. V. Clue). 



Where a declaration stated that the defendants were tenants to the 

 plaintiff from March, 1835, to February, 1837, and ly reason thereof, it 

 was their duty as such tenants to cultivate the farm in a good sub- 

 stantial manner, according to the custom of the country, the pleas of 

 Xot guilty and that the defendants were not tenants, &c., modo et 

 forma, only put in issue a tenancy in fact, and therefore the defendants 

 could not object to the non-production of a lease, which was required 

 for the purpose of showing a tenancy inconsistent with the cultivation, 

 according to the custom of the country {Hatlifax v. Chamhers). On the 

 evidence it appeared that there had been a lease, which expired in 

 February, 183n, and that the defendants held over, and that the action 

 was brought for mismanagement between Februar}', 183G, and February, 



