70 THE BOOK OF THE LANDED ESTATE. 



the tenants shall be bound to pay the sum of five pounds sterling per acre of addi- 

 tional rent for every acre so miscropped, and proportionally for a smaller quantity : 

 declaring that this additional five pounds per acre is to be paid as pactional rent, 

 and not in name of penalty or damages ; and in case of any tenant subletting his farm, 

 or any part thereof, or failing to give personal residence thereon, without permission 

 from the proprietor in writing, or failing to have a sufficient stocking thereon, his 

 own property, or in case of his infringing these regulations in any respect, for which 

 no other penalty or forfeiture is specially provided, he will be held to have thereby 

 incurred a forfeiture of his lease, and the same shall be forfeited and annulled ac- 

 cordingly ; and the Judge Ordinary shall have jurisdiction and power to decern in 

 any action of removing or irritancy brought against him in respect of such infringe- 

 ment. 



21. Entries. The tenant shall be bound, at the Whitsunday of his removal, to 

 deliver over to the proprietor or incoming tenant the two lots of land in one and 

 two year old grass, and the lot in preparation for fallow (which last must have received 

 two ploughings and one harrowing), together with all the dung then unapplied on 

 the farm, for all which he shall be entitled to receive payment from the proprietor 

 or incoming tenant, as the value thereof shall be ascertained by competent persons to 

 be mutually chosen. The outgoing tenant shall be obliged to allow the proprietor or 

 incoming tenant to sow grass-seeds in the lot which had been in fallow crop the pre- 

 vious year, and the outgoing tenant shall be bound to harrow and roll the same with- 

 out charge. The tenant shall in no case gift, sell, or carry away any of the straw or 

 turnips, the produce of the farm, but shall be bound to consume the whole thereof 

 by bestial on the premises. He shall also be bound to sell to the proprietor or 

 incoming tenant the whole of the last crop of corn and straw, the quantity of which 

 to be ascertained on the ground by arbiters mutually chosen, or an oversman 

 appointed by them ; and the proprietor or incoming tenant shall be bound to harvest 

 said crop, for which the outgoing tenant shall pay according to the valuation of the 

 same arbiters ; the price of the corn and straw to be fixed and determined in like 

 manner immediately after the fiars prices of the county in which the farm is situated 

 have been struck, at which time one-half the price shall be payable, and the other half 

 at the term of Whitsunday thereafter. 



22. Buildings. The tenants at their entries shall be obliged to accept the houses on 

 their farms as tenantable and sufficiently commodious, and the dykes as in good repair 

 and fencible, unless the contrary be specifically detailed in the leases, and to receive 

 the same at the valuation of men mutually chosen ; and to pay to the outgoing ten- 

 ants the meliorations, if any, they may be entitled to, the amount of such melioration 

 being first admitted and certified by the proprietor or his factor ; and they shall, 

 during the currency of their leases, keep, and at their removal leave, the houses and 

 dykes in complete, substantial, and sufficient state of repair, and of the same value as 

 they were received at entry ; and if left at waygoing of this value, according to the 

 valuation of men mutually chosen, they shall then be entitled to receive from the 

 proprietor or incoming tenant the sum they paid to the outgoing tenant at their 

 entry, but no more, whatever the valuation may amount to ; and if the buildings and 

 dykes be not then of the full value as at entry, they shall be bound to pay to the 

 proprietor the difference of value ; and it shall be in the power of the proprietor to 

 inspect, or cause to be inspected, from time to time, the said houses and dykes ; and 

 if he should observe any dilapidation, it shall be in his power to have the necessary 

 repairs executed thereon, and to charge the tenant with the expense thereof, which, 

 with legal interest from the date of outlay, the tenant shall be bound to pay at the 



