and yield up the premises, nor any part thereof, unto the plaintiff, in the same plight as they were put into at the commencement thereof as aforesaid, which he ought to have done, according to the form and effect of his covenant in this behalf made, but the said S kept and continued in possession of the premises, and used and occupied the same for a long space of time, to wit, a year and a half after the expiration of the said term of four years; and the said S, during the said term of four years, for his own convenience, made several alterations in the premises, to wit, in pulling down a wall, parcel of the premises, in building up a brick chimney upon the said premises, &c. (state the alterations particularly,) and continued the same alterations until, and at, and after the end of the said term of four years, and did not at the end of the said term, nor since, put the same nor any of them into, nor restore them to the same plight and condition, as they were put into at the commencement of the same term of four years, nor leave nor yield up the premises to the plaintiff, in such plight and condition as aforesaid, contrary to the form and effect of their said covenant in this behalf made.

Breach of special covenant, not to take above two crops successively, &c.

And the said plaintiff also further saith, that the said S, during the continuance of the said demise, to wit, in the several and respective years, 1801, 1802, &c., took above two crops successively, to wit, three crops successively in each of those respective years, of corn and grain, to wit, of wheat, barley, rye, peas, beans, and oats, from and off great part, to wit, twenty acres of the said demised premises, without summer-tilling the same in a husband-like manner, and, in each and every of those six last mentioned years, did dig, plough up, break up, and convert into tillage, divers acres, to wit, ten acres of the meadow ground, belonging to the said demised premises, without the license or consent of the plaintiff in writing, under his hand first had and obtained; yet the said S did not pay, or cause to be paid to the plaintiff, the said sum of $- an acre, that he had so third cropped, or any part thereof; but hath therein wholly failed and made default, contrary to the form and effect of the said indenture, and of the aforesaid covenant of the said S, so made with the plaintiff in that behalf as aforesaid.

For breach of covenant, in destroying fish in ponds, &c. And the plaintiff further saith, that the said S, during the aforesaid demise, viz. on &c., and on divers other days and times between that day and the day of the date of this writ, did take and destroy divers large quantities of fish, being in the said ponds, belonging to the said premises, viz. five hundred brace of carp, &c. &c., and during that last mentioned time, permitted divers other persons, to the plaintiff unknown, to take and destroy, and they did accordingly by such permission take and destroy, divers other great quantities of the fish, being in said ponds, to wit, five hundred other brace of carp, &c. &c. (as before,) contrary to the form and effect of the said indenture, and of the aforesaid covenant of the said S, so made in that behalf as aforesaid,

For breach of covenant in felling timber, &c.

And the plaintiff further saith, that the said S, during the continuance of the said demise, viz. on &c., and on divers other days and times, between that day &c., did fell, cut down, stub up, grub up, and pull up, the trees; timber and bushes, viz. one hundred cart-loads of timber, &c., &c., such as were never allowed to the said S, for or towards the reparation of the said premises, contrary to the form and effect of the said indenture, and of the said covenant of the said S, so by him made with the plaintiff as aforesaid.

For not spreading hay, &c., nor spending manure &c., upon the premises, but carrying them off, &c.

And the plaintiff further saith, that the said S, during the said years, &c., or in any of them, or at any time since, did not spend and spread out on the premises, all the hay, straw, and stover, during those years arising thereupon (except wheat straw, rye straw and clover hay,) but therein. wholly failed, contrary to the form and effect of the same indenture and of the said covenant of the said S made in that behalf as aforesaid. And the plaintiff further saith, that the said S hath not within the said six last mentioned years, or in any or either of them, or at any time since, laid or spread upon any part of the said premises, all or any of the muck, dung, manure and compost, which during all that time was raised and made there on the said premises, but therein did wholly fail and make default, contrary to the form and effect of the said indenture, and of the said

covenant of the said S, made in that behalf as aforesaid. And the plaintiff further saith, that the said S, in each and every of the said years &c. carried off and from the said demised premises, divers great quantities, viz. one hundred cart-loads of hay, one hundred cart-loads of straw, one hundred cart-loads of dung, &c. which during those years arose, was made and raised on the said demised premises; the said hay, straw and stover, being other hay, straw and stover, than wheat straw, rye straw, or clover hay; yet the said S hath not allowed or paid the plaintiff $-a load, for every load of the said hay, and $-a load, for every load of the said straw &c., that was so carried off the said premises, or any part thereof, but hath therein wholly failed and made default, contrary, &c.

General conclusion.

And so the plaintiff says, that the said S hath not kept his said covenants, so made with the plaintiff as aforesaid, although often requested so to do, but hath hitherto refused and still refuses so to do.

For breach of a covenant for quiet enjoyment.— Lessee v. Lessor.

For that whereas, by a certain indenture, made on &c., at &c., between the said T of the one part, and the plaintiff of the other part, one part of which said indenture is in court to be produced (the date whereof is the day and year aforesaid,) the said T`did demise &c. to the said plaintiff, his executors &c., a certain parcel of land, &c., to have and to hold (follow the indenture) as by the same indenture more fully appears. And the plaintiff avers, that the said T, before the making of the said indenture, viz. on &c., at &c., demised the said &c., to one R S, to have and to hold from &c., to the full end and term of years, thence next following, and fully to be complete and ended. And the plaintiff further saith, that he, the plaintiff, after the said

day of &c. (the date of the lease to the plaintiff) entered into the premises, so demised to him as aforesaid, and was thereof so possessed, and upon the plaintiff's possession, the said R S afterwards, viz. on &c., at &c., entered, claiming his said term, by virtue of the demise made to the said RS by the said T, as aforesaid, and expelled the plaintiff from the said &c., and from thence hitherto hath been, and still is possessed thereof; by reason whereof the plaintiff hath been unable to have and to hold the said &c., from the said day of &c., to &c. (the end of his term,) accord

ing to the form and effect of the indenture so made with the plaintiff, by the said T as aforesaid; and so the said T, his covenant aforesaid, although often required, hath not kept, but hath broken the same, in this, that the plaintiff could not hold and enjoy the said &c., from &c., to the full end and term of &c. years, according to the form and effect of the said indenture, &c.

By assignee against assignor of leasehold premises, for breach of enant for quiet enjoyment, &c.

For that whereas, by a certain indenture, made on &c., at &c., between the said R of the one part, and the plaintiff of the other part, one part whereof is by the said plaintiff to be produced in court, the date whereof is the day and year aforesaid, the said R did assign (&c.) unto the plaintiff (his &c.) certain tenements with the appurtenances therein described, to have and to hold unto the plaintiff, his &c. from thenceforth, for and during all the remainder &c. of a term of years, then unexpired, but nevertheless subject to a certain yearly rent of &c., and the performance of certain covenants and agreements therein mentioned; and the said R for himself &c., did, by the said indenture (amongst other things) covenant &c. with the plaintiff, his &c., he and they paying the said annual rent, and performing the covenants &c. in the said indenture mentioned, from time to time, and at all times thereafter during the said term therein, should peaceably &c. occupy &c., and enjoy the assigned premises &c., from the day of &c. then last past, and should receive the rents &c. thereof, to his own proper use, without the lawful hindrance &c. of the said R, or by any other person or persons claiming by, from, or under him, and that free from all manner of other grants, assignments, leases, trusts, &c. arrears of rent, &c., and incumbrances whatsoever, had, made &c. by the said R, or by any other person or persons claiming by, from, or under him, except the said rent of &c. from thenceforth to be paid as aforesaid, as by said indenture more fully appears; by virtue of which assignment the plaintiff afterwards, viz. on &c., at &c., entered upon the said premises &c., and became and still is possessed thereof for the remainder of the said term. therein as aforesaid; and although the plaintiff always, from the time of making the said indenture hitherto, hath well performed &c. all things in the said indenture on his part to be performed; yet, protesting that the said R hath not performed any thing in the said indenture contained, on his

part to be performed, the plaintiff avers, that, before and at the time of the said assignment of the said premises, large arrears of rent, viz. the sum of &c., for years, arrears of rent of the said premises, remained unpaid to the ground landlord thereof, and that afterwards and before the exhibiting of the plaintiff's bill (or before the date of this writ) viz. on &c., at &c., he, the said plaintiff, was obliged to pay the same in order to prevent his goods and chattels, then being on the said premises, from being distrained for the same; to wit, to one A B, to whom the same then and there of right was due and payable; whereof the said R then and there had notice, and was then and there required to save the plaintiff harmless from the same; yet the plaintiff avers, that the said R, when requested, did not save the plaintiff harmless from the said arrears of rent, or any part thereof, but wholly refused so to do, contrary, &c.

Lessor v. Assignee of lessee for years, for not paying rent.

For that whereas the plaintiff, by a certain indenture, made at &c., on &c., between the plaintiff, and one R, (lessee) one part of which said indenture &c., for the consideration therein mentioned, did demise &c. unto the said R, his &c., all that &c., to have and to hold the said &c., with their appurtenances unto the said R, his &c., from next ensuing the date of the said indenture, unto the full end and term of years from thence next ensuing, yielding and paying therefor &c. (as in the lease.) And the said R, for himself &c., did covenant with the plaintiff, his &c., that he or some of them should pay to the plaintiff, his heirs or assigns, the said yearly rent of at the times and places therein before mentioned &c., by virtue of which said demise the said R entered into the said demised premises with the appurtenances, and was possessed thereof; and being so possessed thereof, afterwards, viz. on &c. the said demised premises, with the appurtenances, and all the estate, interest, and term of years of the said R therein to come, and unexpired, came to the said D by assignment. By virtue whereof the said D entered into the said demised. premises so assigned as aforesaid, and was and still is possessed thereof; and being so possessed thereof, the said D did not pay to the plaintiff the sum of $- of the said yearly rent, which became due from the said D to the plaintiff after the said assignment, for half a year of the said term, ending on &c., according to the form and effect of the said covenant of the said R, so made with the plaintiff in