A NEW SYSTEM OF FARM BOOK-KEEPING. FORM OF A LEASE, Chiefly taken from a Copy of one drawn up by ANDREW STEELK, W. S., after discussing the Subject in the Edinburgh Agricultural Society, 27th of March, 1809. IT is contracted, agreed, and ended, between The Right Hon. L. G., heritable proprietor of the lands after-mentioned, on the one part, and Timothy Tillfair, as tenant, on the other part, and A. as cautioner and surety for the said tenant, to the effect after-specified: That is to say, the said L. G. has let, and in consideration of the rent and other prestations after-mentioned, in tack and assedation, lets the lands and farm of Meal-Mount, as after-specified, to the said T. T., and his heirs, whether of line or by will and settlement, but always without division, and also to the assignees and subtenants of the said T. T., under the conditions and restrictions after-mentioned. First, The said tenant shall not be allowed to assign or subset his lease till he has been at least years in possession of the same. Secondly, He shall not be allowed to assign or subset the said farm, in portions to be occupied by different persons, without the consent of the proprietor. Thirdly, The proprietor shall be preferred, if he desires to have the possession, to any assignee or subtenant, on equal terms, to be adjusted by mutual arbiters, with power to appoint an oversman, All and Whole the lands of Meal-Mount, lying within the parish of and shire of and that for the space of years and crops, from and after the 1st of November, 1825, which is hereby declared to be the term of the said Timothy Tillfair's entry to the said farm, and from thenceforth to be peaceably possessed by him and his foresaids during the foresaid space; but declaring, that the proprietor shall, agreeably A to the laws and practice of Scotland, have full power to search for and work all mines and minerals in the said lands, and to make all necessary roads, and occupy ground for other necessary purposes thereanent, the proprietor always paying to the tenant surface-damage, which in no case shall be less than double the rent of the ground so occupied; and otherwise the same shall be ascertained by arbiters mutually chosen, or their oversman: and declaring also, that the proprietor shall have power to hunt or fish on the said farm, not only himself, but to grant leave to others, they being liable to damages if they commit any, for which the proprietor shall be obliged to give redress: And Further declaring, that if subdivison-fences, or other fences, shall be mutually agreed on either now or during the period of this lease, the tenant shall be obliged to pay, in addition to his rent, and along therewith, at the rate of six per cent. per annum on the expense thereof, if disbursed by the landlord; or if disbursed by the tenant, he shall receive at the end of this lease reimbursement to the full extent and value of the said fences, to be ascertained by arbiters mutually chosen: Further declaring, that the proprietor shall have liberty to plant and enclose such portions of the said farm as he may think proper, not exceeding acres; the manner of enclosing, as well as the deduction for the rent of the ground so taken off, being always previously determined by mutual arbiters. The fences on the said farm to be kept in good repair at the joint expense of proprietor and tenant; the tenant to cast, cleanse, and scour effectually all ponds, pools, trenches, water-conductors, drains, and ditches, at his own expense. Moreover, it is hereby declared, that if the tenant shall become bankrupt, or shall execute any voluntary trust-conveyance of his property for the behoof of his creditors, or be otherwise truly unable to perform the obligations on his part contained in this lease, then, and in any of these cases, this lease shall, at the option of the proprietor, be null and void, unless the tenant shall, within sixty days after he is requested by the landlord, execute an assignation or subtack of the nature before-described, or renounce the possession to the proprietor, for such value as shall be ascertained by mutual arbiters: And further, it is hereby declared, that, at the separation of the last crop from the ground before the end of this lease, the proprietor, or incoming tenant, shall have power to enter upon and plough the ground that has been in tillage that year, and may then, or sooner, if they please, 7 enter upon the fallow after-mentioned; which tack the said L. G. binds and obliges himself, his heirs, and successors, to warrant to the said T. T., and his foresaids, at all hands, and against all deadly, as law will; and for that purpose, in case of a transference of the property of the said lands, to bar the purchaser from doing any deed inconsistent with the present lease: For which causes, and on the other part, the said T. T. binds and obliges himself, his heirs, executors, and successors whomsoever, to pay to the said L. G., his heirs or assignees, the sum of L.200 Sterling of yearly rent for the said farm, consisting of 100 Scots acres, the one-half of the rent to be paid at the term of Whitsunday and the other half at Martinmas thereafter, for crop and year , and so furth half-yearly and termly during the currency of this lease, with a fifth part more of each term's rent of liquidate expenses in case of failure, and the legal interest of each term's rent from and after the respective terms of payment during the not-payment of the same: And further, the said T. T. binds and obliges himself, and his foresaids, to labour, manure, and crop the lands hereby let, in a proper and regular manner; and without prejudice to the generality of this clause, the succession of crops during the currency of this lease must succeed each other as follows, viz. 1st, Green crop or summer-fallow; 2d, Barley or wheat; 3d, Hay; 4th, Pasture; 5th, Corn. And during no period of the said lease shall the tenant be allowed to dispose of any part of the produce of the farm, except butter, cheese, poultry, eggs, meal, potatoes, hay, cattle, and grain thrashed out; the straw of the last crop excepted, which the tenant may dispose of on foot, with the corn thereon, or in any other way which he shall think proper; and he shall receive value for the working of any summerfallow, and for the clover and rye-grass seeds sown in the last crop And also for what dung may be on the farm at his removal, but not for such as has been lying on the ground for a longer period than from Whitsunday previous to his removal: And further, the said T. T. binds and obliges himself, and his foresaids, not to deteriorate or run out the lands hereby set, but to restore them at the expiration of this lease in good heart and condition; and in respect that the landlord has put all the houses on the farm in sufficient tenantable repair, and they being accepted as such by the tenant, the said tenant obliges himself and his foresaids to uphold and leave the same in like condition, ordinary tear and wear excepted. The said tenant also binds himself and his foresaids to flit and remove from the said possession at the expiration of this tack, without any warning or process of removing (unless that another lease be granted to him prior to that time); and the said A. as cautioner for the said T. T., the tenant, and his foresaids, binds himself, his heirs and successors, that the said tenant shall stock the said farm fully and properly; and also that he shall sow the same the first year of this lease, and that he shall pay his rents in the proportions and at the terms above-specified, with interest and penalty in case of failure; all as above-expressed. And, lastly, Both parties bind and oblige themselves, and their foresaids, to implement their respective parts of the premises, hinc inde, under the penalty of L. Sterling, to be paid by the party failing to the party observing or willing to observe the same, over and above performance. And in all cases mentioned in this lease to be decided by mutual arbiters, it is hereby declared, that if either party shall deline to appoint an arbiter or arbiters within ten days after being required in writing by the other party so to do, the sheriff, or other judge ordinary of the bounds, shall, upon application of either party, have power to appoint persons of skill to decide, and whose decision shall be final. And the parties consent to the registration hereof in the books of Council and Session, or other competent, therein to remain for preservation; and that letters of horning, on six days' charge, and all execution needful, may pass upon a decreet to be interponed hereto, in form as effeirs; and thereto they constitute their procurators, &c. In witness whereof these presents, consisting of this and the preceding pages, written on stamped paper by are (with duplicate hereof) subscribed the -day of presence of these witnesses : by both parties, At A., witness. B., witness. in L. G. T. T. A* *There ought to be two copies of the lease, one kept by the landlord, and one by the tenant. By the law of Scotland, deeds, and all writings of importance, must be subscribed before two witnssees; they must be of the male sex, above 14 years of age, who ought to know the parties, and see them subscribe, or hear them acknowledge their subscriptions; and in the last case the witnesses are required, in presence of the parties, to add their subscriptions as witnesses; and initial subscription in the case of witnesses is inadmissible; they subscribe the last page of the deed only, on the left-hand side of the page, adding witness to their names, FORM OF A SUBMISSION. A Submission is the same thing in Scotland that an arbitration-bond is in England, and may run thus: We, Timothy Tillfair, farmer at, and Adam Auld, farmer of Meal-Mount, do hereby refer and submit to Matthew Meanwell and Edward Aimright, arbiters mutually chosen by us, and, in case of their disagreeing in opinion, with power to appoint an oversman, what shall be given by me, the said T. T. to me, the said Adam Auld (outgoing tenant from the said farm of Meal-Mount), upon consideration of the quantity of dung lying in the court of said farm, as also the Quantity of hay in one stack, The value of oats and straw in two stacks, And we bind and oblige ourselves, and our heirs and successors, to abide by their decreet-arbitral, interim or final, to be thereanent pronounced on or before the day of next. And we consent to the registration hereof, and of their determination, in the books of Council and Session, &c. (as on Page 12th, in Form of Lease). A DECREET-ARBITRAL. A Decreet-arbitral is in Scotland what an award or umpirage is in England, and may run thus: We, Matthew Meanwell and Edward Aimright, judges, arbitrators under-written, with the special advice and consent of Peter Pindar, oversman, after-mentioned: For as much as Timothy Tillfair on the one part, and Adam Auld on the other part, having submitted themselves to us, and, in case of variance betwixt us, with power to name an oversman, concerning the quantity of and value to be given for the various articles which are mentioned at full length in the foregoing submission, bearing date the day of We, the said judges-arbitrators, having accepted the said matter, and being herewith well and ripely advised, and, for our better help and supply therein, having taken the ad |