For trustees,

with consent, to

the trustees

having the legal estate. (To follow the common power of leasing).

of years in possession, not exceeding twenty-one years, at rack rent; such appointee or appointees, lessee or lessees, executing counterparts of such leases, and thereby covenanting for payment of the rent, and such leases containing a clause in the nature of a condition of re-entry on nonpayment thereof.

C. And also that it shall and may be lawful to and for lease copyholds, the said A. B. and C. D., and the survivor of them, and his heirs, with the consent in writing of the said E. F. and G. H. or the survivor of them, and after the decease of the survivor of them, and at any time within twenty-one years from his or her decease, and during the minority of any child or children, or their heirs, who shall be entitled by virtue of the limitations aforesaid, then in the discretion and of the proper authority of the said A. B. and C. D., or the survivor of them, or the heirs of such survivor, but with the consent in writing of such of the same children (if any) as shall have attained the age of twenty-one years, to make or grant any lease or leases of the said copyhold messuage &c. hereinbefore covenanted to be surrendered, or any part thereof, for such term or terms, and with such restrictions and other circumstances as are hereinbefore expressed with regard to the said freehold hereditaments, and so also as the said copyhold messuage &c., or any part thereof, shall not be demised contrary to the custom of the manor of which the same are holden, without a licence first obtained for that purpose.

To lease at rack-rent. (In wills).

CI. Provided always, and I hereby declare that it shall be lawful for the said A. B. during his life, and after his decease for every person hereby made tenant for life of my said manors, lands, and other hereditaments, as and when they respectively shall be for the time being in the actual possession or entitled to the receipt of the rents and profits of the said manors, lands, and other hereditaments hereinbefore devised, if of full age, and for the guardian or guardians for the time being of such of the persons hereinbefore made tenants for life and tenants in tail of such said manors, lands, and other hereditaments, as shall be so for the time being entitled as aforesaid, and shall be under age, by any

deed or deeds, to be by him or them sealed and delivered in the presence of and to be attested by two or more credible witnesses, and either referring or not referring to this present power, to limit or appoint, by way of lease or demise, all or any part or parts of the manors, lands, and other hereditaments hereinbefore devised or intended so to be, unto any person or persons, for any term or number of years absolute, not exceeding twenty-one, in possession, and not in reversion, at rack rent, without taking any fine or foregift, and so that there be therein respectively contained a condition or power of re-entry for nonpayment of the rent, and so that the lessees execute counterparts thereof respectively, and thereby covenant for the due payment of the rents, and be not thereby made dispunishable for waste.

form).

CII. I hereby will and direct, that all persons who by To lease. virtue of the limitations of this my will shall come into the (In wills-short possession of my real estate hereby devised, shall have power to lease the same or any part thereof, for any term not exceeding twenty-one years, so as the usual covenants be contained in such leases, and the full annual rent be reserved, and no fine taken for granting the same.

CIII. Provided always, and it is hereby agreed and de- To grant buildclared, between and by the said parties to these presents, ing leases. that it shall and may be lawful to and for the said E. F., during his life, and after his decease, to and for the said I. K. and L. M., as and when by virtue of the limitations. hereinbefore contained they respectively shall be for the time being in the actual possession of or entitled to the rents, issues, and profits of the said manors, messuages, lands, and other hereditaments hereinbefore granted and released, or expressed or intended so to be; and to and for the said A. B. and C. D., and the survivor of them, and the executors and administrators of such survivor, during the minority or respective minorities of any child or children of them the said E. F. by the said G. H. his intended wife, who for the time being shall, by virtue of the limitations hereinbefore contained, be entitled to the actual possession or to the receipt of the rents, issues, and profits of the said manors, messuages,

For successive

and for the trus

tees of will

lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, by any deed or deeds, writing or writings, to be sealed and delivered by him or them the said E. F. and I. K. and L. M. respectively; or the said A. B. and C. D., or the survivor of them, or the executors or administrators of such survivor respectively, (as the case may be), in the presence of and to be attested by two or more credible witnesses, and either referring or not referring to this present power, to demise or lease all or any part of the lands and other hereditaments hereinbefore granted and released, or expressed and intended so to be, (except &c.), to any person or persons who shall improve the same, or covenant and agree to improve the same, by erecting and building thereon any new house or houses, erections, or buildings, or to rebuild or repair any of the messuages, tenements, erections, or buildings whatsoever, which now are or hereafter shall be on the same hereditaments, or any part thereof, or to expend such sum or sums of money in improvements thereof respectively as shall be thought adequate for the interests therein respectively to be departed with, for any term or number of years not exceeding ninety-nine years, to take effect in possession, and not in reversion or in the way of a future interest; so that in every such demise or lease there be reserved the best and most improved yearly rent or rents, to be payable during the continuance of the use or estate, uses or estates to be created thereby, and to be incident to the immediate reversion of the hereditaments so to be demised or leased, that can be reasonably had or gotten for the same, without taking any fine, premium, or foregift, or any thing in the nature of a 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 on nonpayment of the rent thereby to be reserved, by the space of twenty-one days.

CIV. Provided also, and I do hereby declare my will and tenants for life mind to be, that it shall and may be lawful to and for my said son A. B., during his life, and after his decease to and for all and every other persons hereby made tenants for life dren of tenants of the manors and other hereditaments hereby devised, as

during the minorities of chil

and when, by virtue of the limitations contained in this my for life, with will, they respectively shall be for the time being in the guardians to actual possession of or entitled to the rents and profits of make building and repairing the said manors and other hereditaments hereby devised; leases. and to and for the said C. D. and E. F., and the survivor (In wills). of them, and the executors and administrators of such survivor, during the minority or respective minorities of any child or children of the said A. B., or any other person hereby made tenant for life, who for the time being shall, under the limitations contained in this my will, be entitled to the actual possession or to the receipts of the rents and profits of the manors and other hereditaments hereby devised, with the consent in writing of his, her, or their guardian or guardians respectively, by any deed or instrument or deeds or instruments in writing, to be sealed and delivered by my said son A. B., or such other person hereby made tenant for life, or the said C. D. and E. F., or the survivor of them, or the executors, administrators, or assigns of such survivor, as the case may require, in the presence of and attested by two or more credible witnesses, and either referring or not referring to this present power, to limit or appoint, by way of demise or lease, all or any part of the lands and other hereditaments hereby devised, to any person or persons who shall improve the same by erecting or building thereon any new hereditaments or houses, erections or buildings whatsoever, or repair any of the messuages, tenements, erections, or buildings whatsoever, which now are or hereafter shall be on the same hereditaments, or any part thereof respectively, as shall be thought adequate for the interests therein respectively to be departed with, for any term or number of years not exceeding ninety-nine years, to take effect in possession; so that in every such limitation or appointment by way of demise or lease, there be reserved the best and most improved rent or rents, to be payable during the continuance of the use or estate, or uses or estates to be created thereby, and to be incident to the immediate reversion of the hereditaments so to be limited and appointed by way of demise or lease as aforesaid, that can be reasonably had or gotten for the same, without taking any fine, premium, or foregift for

To grant building and repair

leases of mines at most improved rents.

the making thereof; and so that no such limitation or appointment, by way of demise or lease as aforesaid, shall be valid in law unless there be inserted therein a clause in the nature of a condition of re-entry on nonpayment of the rent.

CV. Provided also, and it is hereby further agreed and ing leases, and declared, by and between the said parties, that it shall and be lawful to and for the said A. B., as and when he may shall be in the possession of the castle, manors, &c. hereinbefore leased or otherwise assured, or intended so to be, or any of them, or any part thereof, by virtue of the limitations thereof hereinbefore contained; and also to and for the guardian or guardians of any son or sons of the said A. B. by the said C. D. his intended wife, or by any after-taken wife, during the minority or respective minorities of any such son or sons respectively, as and when such son or sons shall be entitled to an estate of freehold or inheritance in possession of and in all or any part of the same castle, manors, &c., by any deed or deeds indented, and sealed by him, her, or them respectively, in the presence of two or more credible witnesses, to demise or let all or any part of the same premises (except all that the said capital messuage &c. hereinbefore mentioned to be situate &c.) to any person or persons for any number of years not exceeding years; and also to lease all or any of the houses, lands, and hereditaments situate in A. aforesaid, on building, improving, or repairing leases, for any term or number of years not exceeding years; and to lease the whole or any part or share of any mines opened or to be opened, and veins and seams of coal, ore, minerals, and fossils, and any ground deemed convenient to be leased, and all necessary and needful privileges, licenses, and authorities to be exercised in respect of such mines, for any term or number of years not exceeding -years; every such lease to take effect in possession, and not in reversion, remainder, or expectancy, or by way of future interest; so as upon every such lease there be reserved and made payable, half-yearly or oftener, during the continuance thereof, to be incident to and go along with the reversion expectant thereon respectively, the best and most improved yearly rent or rents in money; and