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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 ter minate 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 lessce 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 hy 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 one half, 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 one half 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 aow 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 tho 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 niay 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 Farma This Indenture, Made the
day of sear of our Lord one thousand nine hundred and
Witnesseth, That I, (name and residence of the lessor) do hereby lease, demise, and let unto (name and residence of lessee) a certain farm of parcel of land, in the city (or town) 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 ida ntify then perfectly, and make it certain just what premises are leased.) To Hold for the term of
day of yielding and paying therefor the rent of And said lessee does promise to pay the said rent in four quarterly pay. vents 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 ler see, it he shall fail to pay the rent and taxes as aforesaid, or make or suffer
any strip or waste thereof, or fail to fulfill any of the obligations hereinafter recited. That is to say, the said lessee hereby covenants and agrees that he will cultivate the said farm during all his possession of the same, in such manner as good husbandry requires, and in especial, that he will (here insert carefully and fully all the agreements which the parties have made respecting the cultivation of the farm or to which the lessor intends to bind the lessee, and to which the lessee is willing to be bound). And the said lessor on his part covenants that he will, at the request of the said lessee, renew the lease for the period of years, to begin at the expiration of his lease.
In Witness Whereof, The said parties have hereunto interchangeably set their hands and seals the day and year first above written.
(Signature.) (Seal. Signed, Sealed, and Delivered in Presence of
7. HIRING ON SHARES.-It is a common practice in many parts of this country, for the owner of a farm to let it “on shares.” In some countries the great body of the land is let in this way; the proprietor finding for the use of the occupier, such cattle, seeds, implements or tools as may be agreed upon, and the tenant or occupier of the land paying to the proprietor the agreed proportion of the produce. This proportion varies in those countries with varying circumstances, from one-tenth to one-half; being generally from one-third to one-half. If par. ties in this country make a bargain of this sort, and wish to reduce it to writing, the foregoing form of a lease will answer their purpose, provided they write, in the place of the agreement about rent in that form, what each of the parties agrees to do) by their bargain; the one as to what the lessor shall provide for the use of the hirer, and the other as to what share or propor. tion of the produce the lessee shall pay or deliver to the lessor or owner, and how it shall be delivered.
Other rules as to the rights and obligations of farmers as owners or hirers of a farm, or lessors and lessees, or landlord or tenants, will be found in our chapter XXXI on leases. Among them are the rules relating to repairs, and the obligation of either party to make them, rebuilding in case of fires, assignment of lease, or underletting of the whole or a part of the farm, the rights of out-going tenants to crops which he sowed and which mature after he leaves the farm, tenancy at will, and notice to quit; and other like points. For the law on these subjects we refer to that chapter.
Por INDEX OF FORMs, See page 860.
ACKNOWLEDGMENT, necessary before record
ing deeds, 443.
ACTIONS, abstract of the laws of all the States
respecting the commencement of, 705.
ADJUSTMENT, of average, 341.
by whom made, 342.
when binding, 341.
difference between marine and fire policy
ers and duties of, 790.
AGENCY, in general, 207, 208.
may be established by subsequent ratifi-
rights of action growing out of, 215, 216
Agent, acting under del credere commission,
commercial jurisdiction over seamen, 352
extent and duration of authority of, 212-
liability of, 212.
acts of, may be ratified b' principal after
may insure against fire, 415.
when master of ship is, 346.
in general, is entitled to indemnity from
is bound to use all reasonable care and
is responsible for any breach of duty, 218
employed to sell property, cannot buy it