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their executors, administrators, or assigns, then likewise yielding and paying during such time as the said demised premises, or any part thereof, shall be so inhabited, used, or occupied, over and above the said yearly rents hereinbefore reserved unto the said C. D. and E. F., their executors, administrators, and assigns, the further yearly rent or sum of £ of like lawful money of Great Britain, to be paid and payable tax-free and quarterly, by equal portions, on the same quarterly days and times in every year as are hereinbefore mentioned for payment of the yearly rent hereinbefore reserved, the first quarterly payment thereof to become due and be made on such of the beforementioned quarterly days as shall next happen after all or any part of the said demised premises shall be so inhabited, used, or occupied as aforesaid.

V. And also yielding and paying therefore yearly and every year, during the term hereby granted, unto the said A. B., his executors, administrators, or assigns, the sum of £for every acre of the said demised land or ground which he the said C. D., his executors, administrators, or assigns, shall during the said term dig or break up, or cause or procure to be dug or broken up for sand, gravel, clay, loam, brick earth or potters' earth, or clay or tile clay, or permit or suffer bricks, pots, or tiles to be made thereon, or on any part thereof, and so in proportion for a greater or less quantity than an acre, by even and equal portions, on the days and times hereinbefore limited and appointed for the payment of the hereinbefore reserved rent, the first payment thereof to begin and be made on such of the said days as shall first happen after the digging or breaking up the said land, or any part thereof, for sand, gravel, clay, loam, brick earth, potters' earth, clay, or tile clay, or permitting or suffering bricks, pots, or tiles to be made thereon, or on any part thereof, save and except so much of the said land as may from time to time, during the said term, be dug or broken for the purpose of making wells or sewers for any messuages or tenements which may be erected thereon, or for making foundations to any erections or buildings which may be erected or built thereon, or on any part thereof.

Of an additional rent for every acre dug up for bricks, &c.

In lease made by mortgagor

and mortgagee.

In leases under powers.

VI. Yielding and paying therefore, yearly and every year, during such part of the said term hereby demised as the said premises shall remain in mortgage as aforesaid, (except as hereinafter is mentioned), unto the said A. B. [mortgagee], his heirs or assigns, the clear yearly rent or sum of £of lawful money of Great Britain, and from and after payment and satisfaction of the said mortgage, and all sums due thereon, then yielding and paying, yearly and every year, during the residue of the said term, the like yearly rent or sum of £, unto the said C. D. [mortgagor], his heirs or assigns &c. (a).

VII. Yielding and paying therefore yearly and every year during the said term hereby granted, unto the said A. B., or the person or persons who for the time being shall be entitled to the said hereditaments and premises in reversion or remainder, the rent or sum of £ of lawful money of Great Britain, by four even and equal quarterly payments in each year, to be made &c. at the end of each quarter day, computing the quarter from the execution of these presents, free and clear of and from all taxes, charges, rates, assessments, and impositions whatsoever, parliamentary, parochial, or otherwise, now or at any time hereafter during the said term hereby granted to be taxed, charged, assessed, or imposed upon, for, or in respect of the said hereby demised premises, or any part thereof, or for or in respect of the said yearly rent of £- or any part thereof, or for or on account or in respect of any other matter, cause, or thing whatsoever; the first payment of the said yearly rent or sum of £- to become due or be made at the end of the first quarter next ensuing the execution of these presents.

(a) The lease should be made by the mortgagee, (with the mortgagor's concurrence), and the rent reserved according to the Form above given. It is not uncommon, however, to make the mortgagor demise with the consent only of the mortgagee; but this is clearly a mistake; for, on the execution of the mortgage, the mortgagor has no legal estate, but only an equity of redemption. It has already been remarked in another place, that the lease of a mortgagor without the concurrence of the mortgagee, may be avoided by the latter.

malt to a college, or money in lieu, at price in adjoining

VIII. And also yielding and paying therefore yearly dur- of wheat and ing all the said term unto the said Provost and College, and their successors, within the said College of Eton, gallons and quarters of good, sweet, seasonable, and market. merchantable wheat, of the best sort, and

gallons

of good, sweet, seasonable, and merchantable malt, of the best sort, such as shall be approved and allowed by the bursars, baker, and brewer of the said College, or any other thereunto appointed by the Provost of the said College for the time being, the one half of the said wheat and malt to be delivered half yearly on the &c., and the other half on the &c., or in default thereof to pay so much ready money for the said wheat and malt, after the rate as the best wheat and malt shall be sold in the market of Windsor the next market day before the said wheat and malt shall be due.

-;

IX. Yielding and paying, for or in respect of the first-mentioned moiety of the said demised premises, unto the said A. B. and C. D., their heirs or assigns, and to the person or persons who for the time being shall be so entitled to the said first-mentioned undivided moiety or half part or share of the said hereby demised premises in reversion or remainder, expectant on the said term of years, the yearly rent or sum of £————; And yielding and paying unto the said E. F., her heirs or assigns, for or in respect of her moiety of the said hereby demised premises, the like yearly rent or sum of £; And also yielding and paying for each of the said moieties of the said hereby demised premises, unto the person or persons who for the time being shall be entitled to the same moiety in reversion or remainder, expectant on the determination of the term hereby granted, the yearly rent or sum of £ for each and every acre, and in that proportion for any less quantity than an acre, of the said hereby demised premises, other than those mentioned in the schedule to these presents, and excepting the close called &c., which shall be ploughed or converted into tillage at any time during the term hereby granted; the said rents on each acre, and on any part less than an acre, to commence on the quarter day hereinafter mentioned next before the time that any ground (except as aforesaid) shall

of rent for moieties, and of

additional rent

for every acre,

and in propor

than an acre tillage, and of further addi

converted into

tional rent dur

ing last four years, and after conversion.

time of such

Rent in certain proportions, and an addi

tional rent for

be ploughed or converted into tillage, and to continue thence-
forth during the term hereby granted; And yielding and
paying for each moiety of the said hereby demised premises,
unto the person or persons who for the time being shall be
entitled in reversion or remainder expectant on the term
hereby granted in the same moiety, an additional rent of
£ of like lawful money, from and after such time, dur-
ing the last
years of the term hereby granted, as all or
any of the lands or grounds comprised in the schedule to
these presents, and the said ground called &c., shall be crop-
ped contrary to the stipulations and agreements hereinafter
contained for cropping the same lands or grounds, and thence-
forth during the residue of the term hereby granted; the said
several rents to be payable and paid, by quarterly payments,
at or upon the four most usual days or times for payment of
rent in the year, that is to say, the

day of

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day of

day of and the

the

day

of in every year, and the first payment of each of the
said rents of £ to become due and be made on the
day of
now next ensuing, &c.

X. Yielding and paying therefore yearly and every year during the said term of years the yearly rent or sum of of lawful money of Great Britain, in the shares and

£

ploughed land. proportions, on or at the days or times, and in the manner

hereinafter mentioned; (that is to say,) the sum of £

[blocks in formation]

day of

instead of the

and the last payment in the last year thereof to be made on
the
day of —, with-
out any deduction or abatement whatsoever for or in respect
of the land tax, or any other present or future taxes, charges,
rates, impositions, or assessments, or any other matter, cause,
or thing whatsoever, the first payment in respect of the said
yearly rent to be made on the
next ensuing
the day of the date of these presents; And also yielding and
paying yearly and every year during the said term of

day of

years the additional yearly rent or sum of £

for every

acre, and so in proportion for any greater or less quantity than an acre, of the said premises hereinbefore demised, which shall be ploughed, dug, broken up, or converted into tillage or garden ground, contrary to and in breach of the covenant hereinafter contained; the said further rent of £ to be paid on the last day of payment in every year in which the same shall happen to become payable, without any deduction or abatement whatsoever.

rent in time of

war.

XI. Yielding and paying therefore yearly and every year of additional unto the said A. B., his heirs or assigns, the several rents or sums of £— and £ of lawful money of Great Britain, which are hereinafter mentioned, at two of the most usual feasts or days of payment of rent in the year; (that is to say), the feast day of the Annunciation of the Blessed Virgin Mary, and St. Michael the Archangel, by even and equal portions; (that is to say), during the time which Great Britain shall be at war with any European or American Power, the yearly rent or sum of £, and at all other times during the term hereby granted the yearly rent or sum of £—, the said rent of £ a year to be payable on every rent day which shall happen during the present or any future war, and the said rent of £ a year to be payable at all other times of the term hereby granted, and the said rent for the time being to be payable and paid free and clear of and from all deductions whatsoever; the first payment of the said rent, whether the same shall be at the rate of £— or £to become due on the feast day of the Annunciation of the Blessed Virgin Mary which will be in the year of our Lord &c.

count, and also
every month

one-eighth part
of the moiety of
coals landed on
premises, or
one-eighth part

XII. Yielding and rendering therefore monthly and every of monthly acmonth, on the first Thursday, if required, in every month, during the continuance of this demise, unto the said A. B., his heirs, executors, administrators, or assigns, and also to the proprietor of the other undivided moiety of the said lands and premises, if demanded, a true and perfect account in writing of all the coals dug and landed by virtue of these presents; And also yielding and rendering monthly and every month,

of

monies to be produced by any election of les

sale thereof, at

sor.

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