REMEDY AGAINST ASSIGNEES OF REVERSION. 319 



in such an agreement inconsistent with the custom of the country." 

 Martin B. added : "I am of the same opinion. With respect to the 

 second point, the meaning of such a contract is this, that at the time 

 the tenancy commences the landlord and tenant enter into a special 

 contract, the one to receive and the other to pay the value of the tillages, 

 to be repaid by the landlord at the expiration of the term. That is as 

 much a part of the terms of the tenancy as if it were contained in the 

 lease itself. It is true that in ninety-nine cases of a hundred a new 

 tenant comes in and takes the tillages for his own profit, and so 

 becomes a debtor to the out-going tenant ; but still the landlord is 

 liable upon his special contract ; and the in-coming tenant is liable in 

 videhifaius assumpsit by reason of his taking the benefit of what was 

 left. Then as to the other point, the truth is the verdict is conclusive. 

 The agreement does not exclude the custom of the country. What 

 Mr. Clode's (the testator's) intentions were is not material : it may be 

 that he never would have entered into this agreement if he had known 

 its effect ; but the jury have found that the custom of the country 

 existed." 



According to Womersleij v. Dally, asslfjnees of fJie reversion may Ve 

 sued by an out-yoiny tenant, on a contract or custom of tlie country, by 

 winch he is entitled to receive, on the termination of his tenancy by 

 notice fi'om the landlord, reasonable allowance for the value of labour 

 bestowed on the land, and the benefit of which he loses by such termi- 

 nation of his tenancy, although he has paid all the rent to the original 

 landlord, and received notice from him, the assignees having renewed 

 the notice after the conveyance to them, and possession having been 

 given to them. And a stipulation in a contract of tenancy, that the 

 tenant shall keep a certain proportion of the land demised for grass, and 

 pay so much per acre for any deficiency below such proportion, is ex- 

 tinguished by severance of the reversion ; and tenants in common, 

 assignees of the reversion on a lease, may join in suing, and be jointly 

 sued on covenants thereon (/'&.). 



The rule of law as to imjjortiny into the terms of the tenancy "the custom 

 of the country,'" does not admit of evidence of the usaye of a particular 

 estate, or the proiJerty of a "particular individucd, however extensive it 

 may be, it not being shown that tlie tenant was aware of it (Womersley 

 T. Bally). The Courts have always inclined favourably to the introduc- 

 tion of those regulations in the mode of cultivation which custom and 

 usage have established in each district to be the most beneficial to all 

 parties. Hence a custom that tenants, whether by parol or by deed, 

 shall have the away-yoiny crop after the expiration of their term, was up- 

 held in Wiylesworth v. Dallimn, which was affirmed on a writ of error. 



