Page:The English Reports v1 1900.pdf/1064

The appellant being seised in fee of a mansion-house, farm and lands, at Eason in the county of Norfolk, called Eason-hall farm, by lease dated the 23d of September 1758, demised the same, by the description of a capital messuage or mansion-house, barns, stables, dairy, cart-house, out-houses, dove-houses, yards, gardens, orchard, with the cottages and 400 acres of arable and pasture-land, to be enjoyed corn-tithe free, and the fold course or sheep walk, for the small trip of sheep, then let to John Rackham, (except all manner of timber and other trees, wood and underwood, with liberty for the appellant to cut down and carry away the same; and also liberty to survey and view the state and condition, and usage of the premises, and also to repair, build, or rebuild the said capital message or mansion-house, and the out-houses and other edifices of the same, and to lay the materials necessary for that purpose in convenient places belonging to the premises; and also full and free liberty for the appellant, his heirs or assigns, his or their friends, companions, or servants, to hunt, course, set, hawk, fowl, fish, game and sport, in, over, and upon the said leased premises, and every part thereof, at all seasonable times, at his and their free will and pleasure; and also free liberty to set, plant, and transplant fruit-trees, and other trees of all sorts;) to hold to the respondents, their executors, administrators, and assigns, for 14 years, from the 10th of October then next, at the yearly rent of £200, payable half yearly. And (among other covenants contained in the lease on their part) the respondents covenanted with the appellant, that in case any part or parcel of the ancient meadow or pasture ground, or any other part of the premises, that had not been in tillage within 20 years then last past, should, during the continuance of the said term, be digged up, ploughed, or converted into tillage; or if any part or parcel of the arable lands thereby leased should, in or during the said term, be ploughed or sowed out of course, contrary to the true intent and meaning of the said indenture, or the covenants therein contained, then and in such case or cases, the respondents, or one of them, their executors and administrators, should and would, during the then remainder of the said term, pay unto the appellant, his heirs or assigns, the further yearly rent or sum of £5 for every acre so to be broke up, or converted into tillage as aforesaid, and sown out of course, and so proportionably for every greater or lesser quantity than an acre, or longer [437] or shorter time than a year, over and above the said yearly rent, and upon the days of payment thereof by equal portions; the first payment, to be made on such of the said feast days as should first happen after such digging, ploughing up, or converting into tillage, or sowing out of course as aforesaid. And further, that the respondents, their executors, administrators, or assigns, or either of them, should not, nor would, during all or any part of the said term of 14 years, how, fell, cut down, stub up, lop, top, take or carry away, any of the timber trees, timber stands, willows, sallows, pollards, hazles, thorns, hedge-rows, quicksets, bushes, springs or hedges, standing, growing, or being, or which at any time or times during the said term should stand, grow, or be, in, upon, or about the said premises, (except such thorns, bushes, and brambles, as should be wanted to repair the gaps in the fences, to be cut and taken on such places on the premises, where the same could be best spared, and where the least damage should be done to the same thereby, and to be used for that purpose by the respondents, their executors, administrators, or assigns, in a careful and husband-like manner; and also except such thorns, bushes, brambles, and stakes,