66 THE BOOK OF THE LANDED ESTATE. 



tween the proprietor and the tenants, and which shall be obligator}' on the 

 parties, in so far as the same may not be modified or altered in the respective 

 leases or minutes or missives of lease. 



ARTICLE 1. Destination of Leases. The farms, crofts, and possessions will be let 

 for the periods specified in the leases or minutes or missives of lease to be entered 

 into, in favour of the tenant and his heirs, without division, expressly excluding 

 assignees and sub-tenants, whether legal or voluntary, without the special consent of 

 the proprietor in writing, it being provided that the tenant shall have power, by any 

 writing under his hand, to appoint any one of his children, or of his heirs, to succeed 

 him in the lease, but always without division ; and that, in the event of his intestacy, 

 leaving only heirs being females, the eldest of such heirs shall succeed him, exclud- 

 ing heirs-portioners ; provided also that it shall be in the power of the tenant to as- 

 sign the lease in trust for behoof of any one or more of his family after his decease, but 

 such assignation shall in every case remain in force during the whole currency of the 

 lease, and be conceived in favour,of one individual as trustee, and who, as such, shall 

 be liable, individually and personally, for payment of the rent and performance of 

 the stipulations incumbent on the tenant ; but with this proviso, that it shall be com- 

 petent for the tenant to appoint one or more such trustees in succession, or to act, the ^ 

 one failing the other. 



2. Bankruptcy or Insolvency. Provided also that, when a tenant shall become 

 bankrupt, or convey his effects, or part thereof, in trust, for behoof of his creditors, 

 without being rendered legally bankrupt, the lease shall eo ipso become void and 

 null, without any declarator or process of law to that effect, and the claims and rights 

 of the tenant, in virtue thereof forfeited and annulled, and the farm shall revert to 

 the proprietor at the first term of Whitsunday or Martinmas thereafter, at which 

 term the tenant shall be obliged to remove ; and it is hereby declared that the pro- 

 prietor shall have the right to bring an action before the Judge Ordinary to have the 

 tenant and his assignees ejected at the said term of removal, and the Judge Ordinary 

 shall have jurisdiction in such action, and power to decem therein both for removal 

 and ejection, and to enforce the same : provided also that nothing herein contained 

 shall be construed as depriving the proprietor of any legal remedy to which he is 

 otherwise entitled, or of his rights under the tack. 



3. To enter into Leases. The period of entry and the amount of the rent shall be 

 specified in the leases or missives or minutes of lease, and the tenants shall be bound, 

 when called on by the proprietor, to enter into formal leases ou stamped paper, bear- 

 ing special reference to these articles, should that not have been already done, and 

 containing all other usual and necessary clauses, and to pay one-half the expense 

 thereof. 



4. Payment of Rents. The money rents shall be payable at the terms of Martin- 

 mas and Whitsunday, in equal portions, after the ingathering of each respective crop, 

 except in the case of the last crop of the lease, the rent of which shall be payable in 

 one sum at the term of Martinmas ; excepting also all sums of rent of ten pounds 

 and under, which are hereby stipulated to be due and payable at the term of Martin- 

 mas in one sum, and such rents shall include all customs and services, except road- 

 money and other public and parochial burdens, imposed, or to be imposed, by Act of 

 Parliament ; and the victual rents shall be converted at the fiars-prices, and be pay- 

 able at the term of Whitsunday thereafter. 



5. Minerals, &c. The proprietor reserves to himself, his heirs, and assignees, all 

 mines and minerals of every description, including coal, limestone, freestone, slate, 

 marl, and clay, with power to search for, work, and carry away the same, and to build 



