sion of the hereditaments so to be demised or leased that can or may be reasonably had or gotten for the same, without taking any fine, premium, or foregift for the making thereof; and so that there be contained in every such demise or lease a clause, in the nature of a condition of re-entry, for nonpayment of the rent or rents thereby to be respectively reserved by the space of twenty-one days; and so that the person or persons named therein as lessee or lessees do execute a counterpart or counterparts thereof respectively, and do thereby covenant for due payment of the rent or rents thereby to be respectively reserved; and be not, by any clause or words therein to be respectively contained, made dispunishable for waste, or exempted from punishment for committing waste.

XCIV. Provided always, and it is hereby agreed and declared between and by the parties to these presents, that it shall and may be lawful to and for the said E. F. [husband], at any time or times after the said intended marriage during his life, and after his death to and for the said A. B. and C. D. [trustees to preserve contingent remainders], and the survivor of them, their and his heirs and assigns, from time to time, and at all times during the minority of any child or children of the said E. F., by the said G. H. his intended wife, who, by virtue of any of the limitations aforesaid, shall be entitled to any estate of inheritance in possession of or in the said messuages, lands, tithes, and other hereditaments herein comprised by any indenture or indentures to demise or lease all or any part or parts of the said manor, messuages, lands, tithes, and other hereditaments, (except the manor), to any person or persons for any term or terms not exceeding twenty-one years, to take effect in possession, and not in reversion; and so as there be reserved on every such demise or lease the best or most improved yearly rent or rents to be incident to the immediate reversion of the hereditaments so to be demised, that can be reasonably gotten for the same, without taking any fine, premium, or foregift, for the making thereof, and so as there be contained therein a condition for re-entry on nonpayment of the rent or rents, thereby to be respectively reserved, for the space of thirty days or more;

Another form. (Humphreys).

Another form, with variations.

and so as the lessee or lessees do execute a counterpart thereof respectively, and do thereby covenant for the due payment of the rent or rents, thereby to be respectively reserved, and to keep and leave the demised buildings in repair, and to cultivate the demised lands in a proper and husbandlike manner, and be not thereby exempted from punishment for committing waste.

XCV. Provided also, and notwithstanding any of the powers or limitations hereinbefore contained, it is hereby agreed and declared by and between all the parties to these presents, that it shall and may be lawful to and for the said A. B. and C. his wife, and their children and issue respectively, as and when by virtue of the limitations, or in exercise of the power hereinbefore contained, they severally, successively, and respectively (a), shall be in the actual possession of or entitled to the receipt of the rents and profits of the said messuages, lands, and other hereditaments hereby released or otherwise assured or intended so to be, or any part thereof during the continuance of their respective estates, and to and for the said E. F. and G. H. [trustees], and the survivor of them, and the heirs, executors, or administrators of such survivor from time to time, and at all times during the minority of any child or children or issue who, by virtue of any of the limitations aforesaid, shall for the time being be entitled to the possession or to the receipt of the rents of all or any part of the same premises under any estate of freehold or inheritance, in all or any part of the messuages, lands, and other hereditaments hereby released or otherwise assured or intended so to be (b), by indenture or indentures to be sealed and delivered by them respectively, in the presence of and attested by one, two, or more credible witness or witnesses, to limit and appoint (by way of demise or lease), all or

(a) Or their trustees on their behalf."

(b) “And as far only as relates to the part or share, parts or shares of the child or children who for the time being shall be a minor or minors."

any part or parts of the said messuages, &c., with the appurtenances (a), to any person or persons for any term or number of years (b), not exceeding twenty-one years, to take effect. in possession and not in reversion, or by way of future interest (c), so as there shall be reserved on every such limitation or appointment, by way of demise or lease (d), the best

(a) Or,

"first obtaining a license for that purpose as far as relates to the said copyhold estates."

(b) Or,

1. "absolutely to take effect in possession immediately, or within two years from the time of granting each lease respectively, and to be for a term not exceeding twenty-one years from the date of each lease respectively, so as there shall be reserved on every such appointment by way of demise or lease the best or most improved yearly rent or rents, to commence from the time the lease shall commence in possession, and to be incident &c."

2. "to determine at or before the end of twenty-one years from the date of such indenture or indentures respectively, to take effect within twenty-one years from the date of the same indenture or indentures respectively."

3. "so as no term to be limited or appointed by the said A. B. shall exceed twenty-one years, and so as no term to be limited or appointed by such trustee or trustees shall exceed eleven years."

(c) Or,

"and also to grant any houses or buildings, and the ground or other appurtenances attached thereto, not exceeding acres to any house, on repairing or improving leases, or any scites of ground for building leases, with or without any ground to be attached thereto, not exceeding any one house."

(d) Or,

acres to

"for any term not exceeding twenty-one years," when the

above addition is used.

To lease at rack rent. (Short form).

or most improved yearly rent or rents to be incident to the immediate reversion of the hereditaments so to be limited or appointed, that can or may be reasonably had or gotten for the same, without taking any fine, premium, or foregift, for making thereof; and so as there shall be contained in every such indenture of limitation or appointment, by way of demise or lease, a condition of re-entry for nonpayment of the rent or rents thereby to be respectively reserved by the space of twenty-one days after the same rents respectively shall become due and payable; and so as the person or persons respectively, to whom such limitations or appointments, by way of demise or lease, shall be respectively made, shall execute counterparts of the indenture or indentures to be made to him, her, or them respectively, and thereby covenant for the due payment of the rent or rents thereby respectively reserved; and so as the person or persons respectively, to whom any such limitation or appointment shall be made, his, her, or their executors, administrators, or assigns, shall not, by any clause or words to be contained in any such indenture or indentures, be made dispunishable for waste, or exempted from punishment for committing waste; and so as the said copyhold lands shall not be limited or appointed contrary to the custom of the manor of which the same are parcel, without a licence first obtained for that purpose, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding.

XCVI. Provided always, that it shall and may be lawful to and for the said A. B. and C. D., by any deed or deeds to be executed by them respectively in the presence of and to be attested by two or more credible witnesses, to demise or lease the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, or any of them, or any part thereof, to any person or persons for any number of years not exceeding twenty-one years in possession at rack rent, the lessee or lessees executing counterparts of such leases, and thereby covenanting for the payment of the rent, and such lease containing a clause in the nature of a condition of re-entry on nonpayment thereof, for the space of twenty-one days.

immediately

following the

limitation of an estate for life).

XCVII. To the use of the said A. B. and his assigns, for Another form. and during the term of his natural life, without impeachment (In a settlement of waste; and with power to lease the said messuage, lands, and hereditaments, or any part of the same, for any term or number of years, reserving the best and most improved yearly rent or rents that can or may be obtained for the same, without taking any fine or premium for such lease or leases; and such rent or rents to be reserved payable yearly or oftener during the continuance of the same lease or leases; and from and after the death, &c.

XCVIII. Provided always, and notwithstanding all or any of the trusts hereinbefore expressed and declared, it shall and may be lawful to and for the said trustee or trustees for the time being, with the consent and approbation in writing of the person or persons who for the time being shall, under the trusts hereinbefore contained, be entitled to the rents and income of all or any of the said freehold messuages &c., if such person or persons shall be of full age; and if such person or persons shall be under the age of twenty-one years, then in the discretion of the same trustee or trustees, to make or grant any lease or leases of the said messuages &c., or any of them, for any term or number of years, determinable before or at the end of twenty-one years from the time of making or granting the same lease or leases; so as every such lease shall be made by indenture, and at the best rent which can be obtained without taking any fine, premium, or foregift for making or granting the same.

their

For trustees, having the legal with consent, years, at imfor twenty-one proved rents.

estate, to lase

lease freeholds and copyholds (with licence)

at rack-rent.

XCIX. Provided always, that notwithstanding the use or For trustees to estate hereinbefore limited to the said A. B. and C. D., heirs and assigns, upon trust as aforesaid, it shall be lawful for the said E. F., his heirs or assigns, by indenture or indentures under his or their hand and seal or hands and seals, (but as to the said copyhold hereditaments, with the proper licence and consent of the lord or lady of the manor of W.), to limit and appoint by way of demise or lease the freehold and copyhold hereditaments hereinbefore released and covenanted to be surrendered respectively, with their appurtenances, to any person or persons whomsoever, for any number