416 EXPIRED LEASE. 



reason why it should not. The tenant in possession nuder such cir- 

 cumstances is bound to cultivate the land as if he were going to con- 

 tinue in possession as long as the lease itself would have lasted. It is 

 argued that the tenancy arises by operation of law upon the payment of 

 rent, and that the law implies no particular mode of cropping, nor any 

 condition of re-entry. But the terms upon which the tenant holds are 

 in truth a conclusion of law from the facts of the case, and the terms of 

 the articles of agreement ; and I see no reason why a condition of 

 re-entry should not be as applicable to this tenancy as the other terms 

 expressed in the articles" {ib.). 



In the case of a mere agreement for a lease, it is no breach that posses- 

 sion is not given : and it was so decided in Drurg v. Macnamara. By 

 an agreement in writing the plaintiff agreed to take of the defendant a 

 farm at a yearly rent, the plaintiff paying all rates, taxes, &c., " the 

 tenancy to commence from the 29th of September next, for a term of 

 eight years, subject to a lease " to be drawn up by defendant's solicitor. 

 The plaintiff brought an action for not giving possession before or on 

 the 29 th of September, and averred that he had laid out a large sum of 

 money on implements to cultivate the farm ; but it was held no breach 

 of the agreement that the defendant would not give him possession on 

 that day, or at any time subsequently. The instrument in writing here 

 did not operate as a lease, or so as to give an interest in land. 



An exjiired lease, which was produced in an action brought for not 

 farming land in compliance with its covenants, was held by the Court 

 of Queen's Bench not to be " a schedule, inventory, or catalogue," con- 

 taining the conditions or regulations for managing a farm within 55 

 Geo. III. c. 184, Sched. pt. 1 (Strutt v. Robinson). In Cattle v. Gamble, 

 the agreement was for the purcliase of the herbage of a close for five 

 months at the price of £45, £10 to be paid down, and a joint promis- 

 sory note to be given for the residue, payable within five months : and 

 on a trial of assumpsit for use and occupation of the land and eatage of 

 the grass, brought to recover the residue of tlie purchase-money, it was 

 held that the contract was sufficiently stamped with a £1 stamp, as it 

 fell under the head in the schedule in 55 Geo. III. c. 15C of '■'■ convegance, 

 whether grant, disi)Osition, lease, &c., or of any other kind or description 

 on the sale of any lands or tenements where the purchase or considera- 

 tion shall not amount to £50." 



By 17 & 18 Vict. c. 83, s. 23, the ad-valorem stamp duty on a lease 

 is to be regulated bg the considerations expressed on the face of the deed 

 {Lhich V. Bradgll). In Blount v. Pearman the lease contained a demise 

 of two separate farms, with two habendums differing from each other in 

 duration ; a reservation of two distinct rents, one in respect of each 



