LEASES AND YEARLY TENANCY. 69 



tenant shall be charged ten shillings per acre for every acre of muir so burned, and 

 in the case of a commonty, the tenants collectively shall be so charged. 



18. Mills. The tenants shall be bound to grind all the corns which they require 

 to make into meal at the mills situated on the foresaid estates, unless in cases where 

 the tenants, or the lands occupied by them, are thirled to mills on other estates ; and 

 where so thirled, they are to pay the accustomed multures, knaveships, mill dues, 

 and services ; but where not so thirled, they may select any mill on said estates they 

 please, unless otherwise provided for in the leases. 



19. Conditions and Penalties. The tenants shall be accountable for the due pre- 

 servation of the growing wood of every description upon their possessions, and shall 

 do their utmost to prevent their bestial from destroying fences around plantations ; 

 and in case any of them, by themselves, families, or servants, be guilty of cutting, 

 peeling, or destroying any growing wood, or of kindling or raising muirburn at any 

 season of the year ; or of illicitly distilling or vending spirits; or of cutting up muir 

 green or meadow ground for fuel or divot, or of killing or destroying salmon, or 

 black or spawning fish, or of resetting the same, or of killing game of any description, 

 or injuring embankments, by himself, his bestial, or others, such offender shall, for 

 the first oifence, be liable in a sum not exceeding five pounds sterling ; and for the 

 second offence, in a sum not exceeding ten pounds sterling, to be fixed by the pro- 

 prietor or his factor, on the said offence or offences being established to his satisfac- 

 tion, besides reparation for damages ; and in the event of any party being a third 

 time guilty of any of the above offences, whether committed by themselves or any of 

 their families, then every such tenant or possessor shall, at the will of the heritor, 

 forfeit his or her lease for the remainder of it, and it shall be in the heritor's power 

 to remove him or her, with their families and stocking, from the whole of their farm 

 or possession, at the first Whitsunday after such third offence ; and the Judge Or- 

 dinary shall have jurisdiction and power to decern in such removing, and to enforce 

 the same ; declaring further that the penalties and forfeitures above set forth shall 

 be without prejudice to all and every other remedy competent to the proprietor at 

 common law, or by statute for all or any of the offences above enumerated. 



20. Cropping. Every tenant shall be bound and obliged to give personal resi- 

 dence on the farm, unless otherwise consented -to by the proprietor, and to keep at 

 all times a sufficient stocking, his own property, on the premises during the whole 

 currency of the lease ; and further, he is neither to outlabour nor mislabour the 

 farm in particular, he is, on no pretence whatever, to take two white or corn crops 

 in succession ; and it is hereby stipulated that the course of cropping to be pursued 

 shall be the five years' rotation, unless in cases which may be otherwise provided for 

 in the leases ; and that no misunderstanding may arise as to what is meant by a five 

 years' rotation, it is hereby declared to be as follows viz. : The ground broken up 

 from grass shall be cropped the first year with wheat, barley, or oats ; the second 

 year it shall be fallowed or cropped with drilled green crop, being first properly 

 cleaned and dunged, which green crop shall consist of at least four-fifths of turnip ; 

 the third year the land shall be cropped with wheat, barley, or oats, along with 

 which shall be sown a sufficient quantity of ryegrass and clover-seeds, but where 

 wheat is taken after grass, it shall not be allowed, after fallow or green crop, as no 

 more than one wheat crop shall be permitted in the course of the rotation ; and the 

 fourth and fifth years the land shall be in grass, antl the first year's grass only shall 

 be cut for hay ; and further, the tenant is bound to leave the whole arable land of 

 the farm, at the termination of the lease, strictly in terms of the above regulation. 

 And in case of any deviation from the preceding rules as to cultivation and cropping, 



