47.^ LEASE BY RECTOR. 



of the premises." His lordship added : " There is considerable differ- 

 ence of opinion as to the four-course system and what constitutes a 

 breach of it, particularly with regard to fallow ; what would be a breach 

 of the covenant that they should lay fallow one year ; whether a 

 green crop is allowed, and what green crop is allowed " {Ranhin v. 

 Lay). 



The Stat. 5 Viet. sess. 2, c. 27, for better enabling incumbents of 

 ecclesiastical benefices to demise the lands belonging to their benefices 

 upon farming leases, docs not abridge any right of leasing formerly 

 enjoyed by the incumbent, and so it was held in full Court of Appeal 

 {Green v. Jenkins). 



Letting ly inamhent. — An agreement to let a farm less a stated 

 number of acres will be supported in equity, though the lands to be 

 excepted were not specified. A rector agreed to let a farm, except 37 

 acres, with liberty to plant not more than 10 acres of ground. The 

 tenant took possession; but before the lease was executed, disputes 

 arose respecting the lands to be taken by the rector ; and on a bill 

 filed against the tenant for a specific performance of the agreement, it 

 was held by Sir J. RomiUy M.R. that the rector had a right to select 

 the lands to be reserved, as the lease had not been executed ; but that 

 had it been executed, the rector could not have taken any lands with- 

 out the concurrence of the tenant. It was held also that the right of 

 selection must be exercised so as not to prevent the useful occupa- 

 tion of the rest of the farm ; and with these declarations, a decree 

 was made for a specific performance of the agreement {Jenkins v. 

 Green). 



If a farmer contracts with a rector for a lease of glebe lands the 

 Court will not assume that both parties had an enabling statute 

 present in their minds, and modify the express terms of the agreement 

 to make it conform to the provisions of the statute. Where an agree- 

 ment had been made by a rector to grant a lease of glebe lands at a 

 rent to be paid half-yearly, the Court will not vary the agreement in 

 accordance with the provisions of 5 Vict. sess. 2, c. 27, and direct the 

 rent to be paid quarterly. A decree was made for the specific per- 

 formance of a lease of glebe lands. The decree was duly enrolled ; it 

 was however, subsequently found that the agreement and the statute 

 enabling incumbents to grant leases of their glebe land did not con- 

 form. It was held by Sir J. Romilli/ M.R., notwithstanding the pre- 

 vious proceedings, that the bill must be di>-missed, but without costs 

 {ih. Ch, 280). And glebe lands which have been usually let on lease 

 by incumbents are not within the 5 Vid. sess. 2, c. 27 (ih. Ch. 822). If 

 an incumbent contract to let lands belonging to the benefice for a term 



