77. Usual covenants.

An agreement for a lease should specify the covenants and provisos which are to be inserted in the lease1. If it does not do so, the parties may require the insertion into it of the usual and proper covenants and provisos whether or not it is agreed that the lease is to contain those covenants and provisos2. What they are is in each case a question of fact to be decided upon an examination of the leading books of precedents3, or upon the evidence of conveyancers and others familiar with the practice generally, or with the practice in the