COVENANT NOT TO CAEPtY OFF HAY. 3:Z7 



mises. If the defendant's construction is riglit, the tenant breaks his 

 covenant by leaving any straw, and therefore as the right of onstand 

 does not apply to the consumption of the straw, he must keep his straw 

 and cattle so nicely adjusted, that the last stalk is finished by the 11th 

 of October, 1854, including that produced at the previous harvest, or 

 he will be liable to an action, although it is certain that the consuming 

 of the straw is a benefit to the consumer, and that it would be a gain 

 to the succeeding tenant to have the straw left gratis for him, rather 

 than the manure, its produce." 



A covenant in a farming lease, that the lessee ''shall not nor will 

 during the last year of the term sell or remove from the lands demised, 

 any of the hay, straw, and fodder which shall arise and grow thereon," 

 prohibits the lessee from removing any of the hay or straw during the 

 last year of the term, at whatever period of the term it may have 

 grown {Gale v. Bates, 33 L.J. N.S. Exch. 235). 



An outgoing tenant, on quitting his farm at Michaelmas, gave up to 

 the incoming tenant, and the incoming tenant exercised it, the right he 

 had under the lease of converting the straw on the farm into manure 

 with his cattle from Michaelmas to Lady-day. The incoming tenant's 

 cattle, in the process of so converting the straw into manure, ate a 

 portion of straw calculated at one third of the bulk'; the outgoing tenant 

 is entitled to be paid for this by the incoming tenant {Stafford v. 

 Gardner, 7 L.R C.P. 212). 



Effect of covenant not to carrij away liaij and .sfraa% dr., vndcv a 

 Ijencdtij. — On a covenant in a farming lease, that the lessee would not 

 sell or carry away from the demised premises any hay, straw, or manure, 

 which should be grown or produced thereon, without the consent of the 

 lessor first had and obtained, under the increased rent of £10 for every 

 ton so sold or carried away, and so in proportion for any greater or less 

 quantity, but that the lessee would eat and consume the hay and straw 

 Avith his cattle ; the breach alleged was that the lessee, without the con- 

 sent of the lessor, did sell a large quantity of hay and straw grown and 

 produced on the demised premises, to wit, &c. It was held by the 

 Court of Exchequer, that the covenant was one covenant, which gave 

 the lessee the right to sell the hay, &c., on payment of the increased 

 rent, and that therefore the breach was not well assigned. And per 

 Bramwetl B., " The expression is first, that he should not sell or carry 

 away from the demised premises any manure, and so forth, but it is 

 said under an increased rent of £10. That is to say, he shall not do 

 it, except on liability to pay a rent. I think that is the fair meaning 

 of it. If you do it, you may do it on a liability to pay rent. If that is 

 the true construction of the document, he covenants to pay an increased 



