CUSTOM OP COUNTRY EXCLUDED BY LEASE. 323 



evidence on the part of the landlord, on an issue between the landlord 

 and an execution creditor of the tenant, whether the crops 6n the land 

 at a certain time were the property of the party so found to have been 

 tenant, but that the custom had no operation in the case of a tenancy 

 so determined {TJiorpe v. Eyre). 



In Fetch v. Taiin, where ihe tenant of a farm, hcing indehted to his 

 landlord, assigned to him hy deed, among other tilings, "all the tenant- 

 right and interest yet to come and unexpired of him the said S. Fetch in 

 and to the said farm and premises, it was considered that the future crops 

 must fall within the meaning of the words " tenant-rigid jet to come and 

 unexpired." And jjfr Alder son B. : " It is impossible to give effect to 

 the whole deed without holding that the 'tenant right' includes the 

 way-going crop. As to the question whether it may pass by such deed, 

 Grantham v. Hcmtey (where it was held that a party who has the 

 interest in the laud ' may grant all fruits that may arise upon it after, 

 and the property shall pass as soon as the fruits are extant') is 

 decisive." 



The question as to ivlietlicr the terms of a lease exclude the custom of the 

 country, where the allowance claimed is not mentioned among others in such 

 lease, was much considered in Wehh v. Plummer. Here there was a lease 

 of a Southdown farm, with a coveuant to spend all the produce on the 

 premises, and to fold a flock of sheep, under a pcualty of £3 each time 

 they were folded off the premises, or any other than the usual part of 

 the farm ; and also, in the last year of the term, to carry out the manure 

 on parts of the fallowed f;irm pointed out by the lessoi', the lessor paying 

 for the fallowing such land and carrying out the dung, but nothing for 

 the dung itself, and paying for grass on the ground and thrashing the 

 corn. The claim was for an allowance for foldage, wliich the outgoing 

 tenant was entitled, by the custom of the country, to receive from the 

 incoming tenant ; but the Court of King's Bench held that, as there was 

 an express provision for some payment on quitting for the things cove- 

 nanted to be done, and an omission of foldage, the customary obligation 

 to pay for the latter was excluded. 



Bayley J. thus laid down the rule applicable to such cases : " Where 

 there is a ivritten agreement hetween the parties, it is naturally to he expected 

 thatittvill contain all the terms of their bargain ; hut if it is entirely silent 

 as to the terms of quitting, it may let in the custom of the country as to that 

 particular. If, however, it specifies any of these terms, we must then go 

 by the lease alone. The custom of the country applies to those cases 

 only where the specific terms are unknown ; and it is founded upon this 

 principle, that justice requires that a party should quit upon the same 

 terms as he entered. If, therefore, the party when he entered upon the 



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