The covenants should in all cases be from the Covenants. tenant, with the person to whom the rent is reserved, (that is,) with the lessor, his heirs, and assigns, when he has the fee simple, or the freehold; but when he has only a term, or a chattel interest, then with him, his executors, administrators, and assigns.

(1.)

Lease, in Proceedings in Ejectment, on a vacant
Possession. (x)

This indenture, made the

day of, in the Date. year of our Lord 1838, between G. H., of, &c., of Parties. the one part, and C. D., of, &c., of the other part, WITNESSETH, that for, and in consideration of, the Testatum. sum of five shillings, of lawful money of Great Britain, to the said G. H., in hand paid by the said C. D., at or before the sealing and delivery of these presents, the receipt whereof the said G. H., Operative doth hereby acknowledge, he the said G. H., doth part. by these presents demise, grant, and to farm let, UNTO the said C. D., his executors, administrators, and assigns, ALL that messuage called, &c., with the appurtenances, situate and being in, &c., in the county of, &c., and which is now vacant and unoccupied TO HAVE AND TO HOLD the said messuage, Habendum with the appurtenances, from the [as in the power of attorney (y) last past, for, and during, and unto, the

In

the custom of the country does not give that crop, upon the wheat and
barley which shall be sown in the year preceding the expiration of the
lease. The tenant should also be restrained from overstocking the grass
land in the winter and spring preceding the end of the lease; then follows
the covenant for quiet enjoyment by the tenant during the term.
some leases this covenant only extends to the lessor himself, and those
who claim under him; but it should be against all the world upon "the
lessee paying the rents and performing the covenants;" so that if he
should not pay the rent, or perform the covenants, and should be turned
out of possession, he would have no claim to damages. Where it is the
custom of the county for the tenant to have the away-going crop, he will
be entitled to it, though not provided for.-See notes to p. 75. It should
be made conditional, (that is, on payment of rent, &c.,) in the same man-
ner as the covenant for quiet enjoyment; and it may be specified in the
lease from what particular land it is to arise. Any thing which may not
be thought of sufficient consequence to be made a distinct covenant, and
all matters which are of a mutual nature between the landlord and the
tenant, may be introduced after the covenants. (See p. 50, n. (b), and p. 69.)
(x) See pp. 25, 363, 382, and 383, n.

(y) See the head "Powers of Attorney."

full end and term of seven years from thence next following, and fully to be complete and ended; Reddendum yielding and paying therefore, yearly and every

Proviso.

Attestation.

Parties.

year, during the said term, to the said G.H., his exe-
cutors, administrators, or assigns, the rent of one
pepper corn, on the in each and every year, (if
the same shall be lawfully demanded). Provided
always, that if the said G. H., his executors, adminis-
trators, or assigns, shall at any time hereafter tender
or pay, or cause to be tendered or paid, unto the
said C. D., his executors, administrators, or assigns,
the sum of sixpence, that then this indenture shall
be void and of no effect, any thing herein contained
to the contrary in anywise notwithstanding. In wit-
ness whereof the parties hereto have interchange-
ably set their hands and seals, the day and year
first above written.(z)

Sealed and delivered as the act and
deed of G. H., by R. S., of, &c., gen-
tleman, by virtue of a letter of attor-
ney to him for that purpose made by
the said G. H., bearing date the
day of,instant, in the presence of,

(2.)

A general Precedent for Leases of Houses. This indenture, made the day of, &c., between A. B., (the lessor,) of, &c., of the one part, and C. D., (the lessee,) of, &c., of the other Testatum. part; WITNESSETH, (a) that for and in consideration of the rent and covenants hereinafter reserved and contained, and which, by, and on the part of, the the said (lessee), his executors, administrators, and assigns, are henceforth and according to the true intent and meaning of these presents to be paid,

Attestation.

Testatum.

(z) If the landlord enters upon the premises himself, the attestation will, of course, be different, as no power of attorney will be executed. (a) Shortened, thus: "Witnesseth, that in consideration of the rent and covenants hereinafter reserved and contained on the part of the said (lessee), his executors, administrators, and assigns."

part.

observed, and performed, he, the said (lessor), doth Operative by these presents demise, lease, set, and to farm let, UNTO the said (lessee), his executors, administrators, and assigns, ALL that, &c., together(b) with Description of premises, all ways, paths, passages, lights, easements, waters, and general water courses, drains, sewers, profits, commodities, words. privileges, advantages, and appurtenances whatsoever, to the said hereby demised premises belonging, or in anywise appertaining; TO HAVE AND HOLD(c) all and singular the said premises hereby demised or mentioned, and intended so to be, with their and every of their appurtenances, unto the said (lessee), his executors, administrators, and assigns, from the day of instant, (or last past,) for

TO Habendum.

and during, and unto the full end and term of years, from thence next ensuing, and fully to be complete and ended; yielding and paying(d) there- Reservation fore, yearly and every year during the said term hereby demised, unto the said (lessor), his executors, administrators, and assigns, the clear yearly rent of, of lawful money of Great Britain, by quarterly payments, on the four most usual quarter days of payment of rent hereinafter mentioned, (that is to say,) on the day of, &c., on the day of, &c., on the

day of, &c., and on the

day of, &c., in each and every year, by even and equal portions, free and clear as well from the Free from land-tax, as all and every other rates, taxes, charges, taxes. and assessments whatsoever, now rated, taxed,

(b) Or thus: "Together with all appurtenances whatsoever to the said Habendum. premises belonging.

(e) Or thus: "To have and to hold the said premises hereby demised" unto, &c., "for the term of," &c.

(d) Or thus: "Yielding and paying, therefore, yearly, during the said Reddendum term, the clear yearly rent or sum of £, on the day of, &c., and the day of, &c., in every year, free and clear of and from all taxes, rates, and assessments, whatsoever, the first payment thereof to be made on, &c., next ensuing the date hereof." And if the rent is to be suspended by proviso for that purpose, in case of fire add, "But subject, nevertheless, to the proviso or agreement hereinafter contained for the total or partial suspension of the said rent, in case of the destruction of the said demised premises, or any part thereof, by fire or otherwise. (The reservation, in all cases where the lessor has a fee simple, must be to him, "his heirs and assigns," and so if it be an estate pur autre vie; but when the Lessor has only a chattel interest, the reddendum must be to him, his executors, administrators, and assigns; but to prevent any error it may be reserved generally as directed in page 481.)

Covenant to pay the re

charged, or assessed, or which shall or may at any time hereafter, during the said term hereby demised, be rated, taxed, charged, or assessed upon the said demised premises, or any part thereof, whether parliamentary, parochial, or otherwise, the first payment thereof to commence and be made on the day of- next ensuing the day of the date of these presents.

AND the said (lessee) for himself, his heirs, exeserved rent. cutors, administrators, and assigns, doth hereby covenant, promise, and agree, (e) to and with the said (lessor), his heirs and assigns, in the manner following, (that is to say,) that he the said lessee, his executors, administrators, or assigns,(f) shall and will, from time to time, and at all times during the continuance of the said term hereby granted, (except as hereafter mentioned,) well and truly pay, or cause to be paid, unto the said (lessor), his heirs and assigns, the said yearly sum of --, of lawful money aforesaid, upon the several days, and in the manner hereinbefore mentioned or appointed for payment thereof, and according to the true intent and And to pay meaning of these presents. AND(g) also, will well

taxes.

Surety.

Rent.

Taxes.

and truly pay, satisfy and discharge all and all manner of taxes, rates, duties, assessments, and impositions whatsoever, whether parliamentary, parochial, or otherwise; and whether the same now are, or shall, or may at any time or times hereafter, during the continuance of the said term, be lawfully assessed or imposed upon, or payable for, or in respect of the said demised premises, or any part thereof, or the

(e) If a surety be joined with the lessee as a party to the lease for better securing the rent, the covenant should be from him and the surety thus: "And the said (lessee) and (surety), for themselves jointly and severally, and for their several and respective heirs, executors, and administrators, do covenant, &c., that the said (lessee), his executors, &c., shall and will, &c. (The surety will be made a party of the third part.)

(f) Or thus: "Will pay, or cause to be paid, unto the said (lessee), his, &c., the yearly rent hereinbefore reserved on the days and in manner hereinbefore mentioned."

(g) Or thus: "And also, will pay, or cause to be paid, during the continuance of this demise, the sewers' rate, and all other taxes, rates, charges, and assessments, whatsoever, which now are, or hereafter shall be, imposed, charged, or assessed, upon or in respect of the said premises, or any part thereof, or the rent thereof."

Lessee to

build houses on the pre

mises.

Ir yearly rent hereby reserved, or any part thereof, or chargeable upon the said (lessor), his heirs or assigns, in respect thereof, and whether any such tt future taxes, rates, duties, or assessments, shall be in the nature of those now in being or not, (the land tax and sewers' rate only excepted). (h) AND FURTHER, that he the said (lessee), his executors, administrators, or assigns, shall, and will, at his and their own costs, charges, and expenses, within the space of two years from the date thereof, cause to be erected and built two substantial messuages or dwelling houses, not inferior to the third rate or class of building, on the piece or parcel of ground hereby demised, with new, good, and sound materials of every sort and kind, to the satisfaction and good liking of the (lessor), his heirs and assigns, and in a proper and workmanlike manner finish the same and in so doing shall and will expend the sum of £ of lawful money of Great Britain, at least ; and also, once in every fourth year of the term And to paint hereby granted, cause to be painted twice in oil, at outside the least, in a proper and workmanlike manner, all wood, &c. the outside wood and iron-work of, and belonging to, the said messuages or dwelling houses, so to be erected and built, and of, and belonging to, any other messuage or dwelling house erected, set up, or built, during the term hereby granted on the piece or parcel of ground hereby demised; and also once And to coal in every fourth year of the said term, cause to be wood and coal tarred, or painted twice in oil at the least, in a ironwork.

:

in oil the

tar outside

improve

(h) Or thus, if a certain sum is to be expended: "And also, shall and Expendiwill, before the end of two years from the commencement of this demise, ture on the put the premises hereby demised into good and substantial repair; and premises in lay out and expend thereon, or in substantial improvements to the said premises, exclusive of internal painting and papering, the sum of £100; ments. and shall and will, within six calendar months next after the said premises shall be so repaired, render to the said (lessors), their heirs or assigns, or to their surveyor or agent, the several bills, documents, and other evidence, requisite to prove to their satisfaction that the aforesaid sum at the least hath been so expended and laid out; and thereupon the said (lessee), his executors, administrators, or assigns, shall be entitled to a certificate that the same hath been duly expended as aforesaid." And then may follow shortly, thus: "And also, shall and will, during the continnance of the said term hereby granted, at his and their own costs and charges, keep the same premises, and every part thereof, in good and substantial repair and condition."