d concerning the use of the premises. If a farm is
rented and the lease is silent on the matter, the law presumes that
the tenant will use it in a proper and husbandlike manner, like other
exemplary farmers in that vicinity. He must cultivate the soil
properly, preserve the timber, consume the hay as fodder to the
cattle, if such be the custom, and keep the buildings and fences in
repair. Manure in the ordinary course of farming belongs to the farm.
To manure made in livery stables a different rule applies and the
tenant can remove it. If the lease be of a mill it usually provides
how it shall be run, if it be a house in the city and nothing is said
about its use the law implies that there shall be no waste or
destruction beyond the ordinary wear and tear. To use the doors for
firewood is not uncommon with tenants, unless they are not burnable,
though surely it is not a proper use of a leased house.
A farm tenant has the right to take and use material found on the land
suitable and needful to repair the buildings, fences, also dead and
fallen timber for fuel. He cannot use shrubbery and ornamental trees
for this purpose, nor cut standing timber for this purpose. He is
entitled also to the way going crop, but must remove it during his
lease. He cannot go on the land afterward and remove crops, unless he
was prevented by some good reason from removing them while he was in
possession.
Can a lessee assign or sublet his lease? Of course this may be
forbidden, and often is by the lessor, without his consent. If the
lease is silent this can be done. If the lessee die, his executor or
administrator can assign the remainder of his term. A lease may also
be assigned if the lessee become insolvent, also by a new partnership
created by the addition or retirement of a member. A transfer by the
lessee of the whole or a part of his interest for a part of the time
is a sublease and not an assignment. And whenever a sublease is made,
the rights of the original lessor are not changed, nor does he
recognize in any way the sub-tenant unless by agreement, nor has he
any right of action against him. Of course there is nothing to prevent
the parties from making any arrangement that may be agreeable to
them.
As the lessee may assign or sublet unless forbidden, so may the lessor
part with his interest in the leased premises. When an assignment of
it is made, the assignee may sue in his own name for rent accruing
after the assignment.
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