responsible also. But the hirer would not be responsible for the thefts of his help without his order or assent. All this is plain enough. The difficulty comes afterwards. It comes from the extension of the rule which makes an employer responsible for the negligence or ill-doing of one employed by him while actually engaged in doing what he is lawfully employed to do. The cases on this subject are numerous and some of them severe. Thus, if a farmer sets his help to cutting his wood and tells him distinctly where his line is, and the man forgets or mistakes and goes beyond that line and cuts his neighbor's wood, the farmer is responsible. If the hirer directs his help to build a fire in a safe place to burn up his rubbish, and charges him to take thorough care of it, and the man goes to sleep and lets the fire run into his neighbor's land, the farmer is responsible for all that this fire destroys.

SECTION XI.

HIRING OF A FARM.

We have considered the case of purchasing a farm. The great majority of farmers own their farms. But there are many exceptions. A man may hire a farm for a term of years, paying rent, or on shares, or on a tenancy which may be put an end to at the will of either party.

1. HIRING BY LEASE.-In our chapter on leases, page 610, we have given the general rules and principles governing leases, together with a variety of forms. We will now give some further rules and offer some suggestions upon points which it may be useful for a farmer to know and understand.

Any general description will suffice to put the tenant in possession of the land intended to be hired, if it be capable of dis tinct ascertainment and identification. And for this purpose certain words in common use, such as farm, land, house, field, wood-land, and the like, would be held to have a wide meaning. When such general and comprehensive terms are employed, all such things as are usually comprehended within their meaning will pass to the hirer by the lease, unless the language of the lease or the circumstances of the case show plainly that the intention of the parties was different. And inaccuracies as

to quantities, names, amounts, etc., will be rejected if there is enough left to make the purposes and intentions of the parties certain. If the parties have undertaken to make a written bargain and have not made it, the law will not undertake to make one for them. But it will do all that can reasonably be done to carry into full effect, and exactly as was intended, the written bargain they have made.

Nevertheless there is a rule, not of law, but of common sense and prudence, which is applicable to everybody in all matters, but to no persons more so than to farmers in relation to their farms. This rule is, that it is at once easier and wiser to make all bargains and contracts such as will avoid questions and doubts than it is to answer these after they arise.

2. Renewal OF LEASE.-The lessor is not bound to renew a lease without an express covenant to that effect, which may be in the lease or in a separate instrument. A mere understand. ing or verbal promise is not sufficient in law, whatever it may be in honor or in morals.

The law does not favor such covenants, because they tend to perpetuity. But if there be such a covenant, and it is definite and reasonable, the law will sustain it. A covenant to renew this lease under or with the same covenants" does not require that the new lease should contain the same covenant of renewal. For this would make the lease indefinite and perpetual at the pleasure of the hire. But the covenant to renew covers all the other covenants and agreements of the lease. A covenant to renew on such terms as may be agreed upon" is void for uncertainty.

66

3. REMEDY FOR NON-PAYMENT OF RENT.-Leases now in use almost always contain provisions on this subject, which are, generally, that the lessor may enter and expel the tenant if the rent be not duly paid, or that the tenant forfeits the lease and all rights under it by non-payment of rent. Provisions to this effect are expressed in various ways, but are substantially the same every. where, and no particular words are necessary for this purpose. But it should be known and remembered that the law is exact and even punctilious as to the exercise of this right of re-entry. It may be said in general, that to justify re-entry in case of for

feiture a demand must be made for the rent due and for the precise sum, and on the very day on which it becomes due and payable, and of the tenant himself, or if a place be prescribed in the lease where it is payable the demand must be made at that place, and if no place be prescribed then of the tenant himself, or at a conspicuous or notorious place on the premises leased. Of course when the rent is due it becomes a debt, for which all the ordinary means of recovering a debt may be resorted to. But if there be no clause of forfeiture for nonpayment of rent, the lessor has not, at common law, a right of re-entry for this cause.

4. TENANT'S RIGHT TO VACATE THE PREMISES and Give up THE FARM.-As the owner and lessor may expel the hirer and terminate the lease if he does not pay his rent, so the hirer has certain rights in this respect as against the owner. In England, from whence we derive our law, this law is very severe against the tenant. There the landlord is under no obligation to inform an intending lessee of defects or objections which he knows and the lessee neither knows nor has means of knowing, although the defects are entirely incompatible with such use of the premises as the lessor knows the lessee intends to put the farm to and indeed hires it for. The rule in this country may not be entirely settled. But we are decidedly of the opinion that a lessee who is so deceived, when he finds that he cannot cultivate the farm or make use of it in the manner he intended, may throw it up and the lessor has no claim against him.

Still more certain are we that the lease is cancelled and all right to rent is lost by any violent outrage or indecency on the part of the lessor, or any intentional and material interference by him with the tenant's proper use and enjoyment of the farm.

5. APPORTIONMENT OF RENT.-The owner of a farm which he has let to a tenant can sell it as freely as if it were not leased. But he sells his farm subject to the lease, for he cannot impair the rights which the lessor has under the lease. The buyer becomes the lessor and has all the original owner's rights and is subject to all of his obligations which run with the land. So the owner may sell a part of the farm, or may sell the whole in parts to different purchasers, but this does not extinguish the obligations of the hirer or lessee, nor does it transfer them all

to any purchaser. So also the owner retaining his ownership may assign a portion of the rent-as one fourth, or one-third, or onehalf, or any other portion-to an assignee. Whether the owner sells a part of the farm, or the whole in parts to different pur. chasers, or assigns a part of the rent or the whole in parts, there must be an apportionment of rent. The tenant must pay he same rent as before, but now he pays it to the persons enitled to it, in the proportion in which they are entitled to it.

If the owner sells his farm in undivided parts, as onehalf or one-third to one buyer and the residue to another, but without boundaries, there is no difficulty in apportioning the rent in the same way. But suppose the owner sells a part of the farm by boundaries, as if he sells certain fields or lots, the rent must now be apportioned according to value and not according to quantity. Here again the tenant has no other interest than to ascertain to whom he must pay his rent. If the owners and the buyers of the fields or lots agree together as to the appor. tionment of the rent, the lessee is bound by their agreement, because it is of no importance to him to whom he pays his rent. If they do not agree, it is a question of fact which a jury must settle for them.

So there may also be an apportionment by time, as when the lessor dies in the middle of the term for which the farm is leased. The lessee is now liable to the executors or administrators of the deceased for so much of the rent as accrued before he died, and to the heir afterwards, or to the heirs in the proportions in which they inherit the farm.

6. CULTIVATION of the Farm.—In our chapter on leases it is said that the tenant of a farm is bound, without express cov. enant, to manage and cultivate the same in such a manner as good husbandry and the usual course of management of such farms in his vicinity require. But it is seldom wise to leave this matter wholly unprovided for by express agreement. The owner and the hirer of a farm generally have an understanding on this subject, and this should be reduced to writing in the lease. Perhaps if nothing else be understood between them but customary and reasonably good cultivation, it is safe enough to leave this to the law. But more may be agreed upon, and espe

cially there may be a distinct bargain as to certain crops, or a certain rotation of crops, or the cutting of wood, or what fields should be broken up or sown, and what, when, and where manure shall be placed, or what land sown to grass, etc. All these things should be most distinctly and carefully set forth in the lease as agreed upon. For no merely verbal agreements would have any effect. For here, as elsewhere, in accordance with the important rule laid down on page 74 of this volume, no evidence would be received to vary the lease or add to or diminish its obligations.

For the purpose of showing how and where special stipula tions may be inserted we give the following form. The clause concerning renewal may be omitted if there is no agreement

(243,")

A Form of a Lease of a Farm

This Indenture, Made the

day of

fear of our Lord one thousand nine hundred and

Witnesseth, That I,

the

(name and residence of the lessor) do hereby lease, demise, and let unto (name and residence of lessee) a certain farm or parcel of land, in the city (or town) of

county of

and State of with all the buildings thereon standing, and the appu tenances to the same belonging, bounded and described as follows:

(The premises need not be described quite so minutely or fully as is proper in a deed or mortgage of land, but must be so described as to identify them perfectly, and make it certain just what premises are leased.)

To Hold for the term of

from the

yielding and paying therefor the rent of

day of

day of

And said lessee does promise to pay the said rent in four quarterly pay. ments on the (or state otherwise just when the payments are to be made) and to quit and deliver up the premises to the lessor or his attorney, peaceably and quietly, at the end of the term, in as good order and condition, reasonable and proper use thereof, fire and other unavoidable casualties excepted, as the same now are or may be put into by the said lessor, and to pay the rent as above stated, and all taxes and duties levied or to be levied thereon, during the term, and also the rent and taxes, as above stated, for such further time as the lessee may hold the same, and not make or suffer any waste thereof; nor lease nor underlet, nor permit any other person or persons to occupy or improve the same, or any part thereof, or make or suffer to be made any alteration therein but with the approbation of the lessor thereto, in writing, having been first obtained; and that the lessor may enter to view and make improvements, and to expell the lessee, if he shall fail to pay the rent and taxes as aforesaid, or make or suffer