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fully claiming any legal or equitable estate, right or renewed by interest, by, from, or under him, shall and will, lessor. upon the expiration of the fourteenth year of the term of twenty-one years, granted by the said hereinbefore mentioned indenture of, &c., cause and procure a new lease, of all and singular the premises comprised in the said indenture of lease, to be granted to him or them by the (original lessor,) his heirs or assigns, in pursuance of his covenant hereinbefore mentioned, for a lease of twenty-one years thenceforth, at the like rent, and with the like covenants and agreements, including the said covenant for renewal, (or, except the said covenant for renewal," as the case may be,) as are contained in the said indenture of, &c. AND also, that he, the And that said A. B., his executors, administrators, and as- upon such signs, and all and every person and persons whoso- will grant ever, lawfully claiming any legal or equitable estate, right, or interest, by, from, or under, him or them, shall and will upon such renewal by the said (original lessor), his heirs or assigns, grant and execute to the said C. D., his executors, administrators, or assigns, or unto such other person or persons as he or they shall direct or appoint, an under-lease or under-leases of all and singular the premises hereby intended to be demised, for the whole of the term created by such new or further demise as aforesaid, (except the two last days thereof,) under and subject to such and the same rent, covenants, provisoes, and agreements, as in these presents are reserved and contained, including this present covenant, [or, "except this present covenant," as the case may be,] he, the said C. D., his executors, Lessee payadministrators, and assigns, on his and their part tionate part paying a proportionate part of the fines, fees, and of the fine. other expenses, attending such renewal, by the said A. B., his executors, administrators, or assigns, with all the expenses of such under-lease or under-leases; which proportionate part it is hereby agreed shall be fixed and determined by the improved value to be from time to time set by the (original lessor), To be fixed

ing a propor

the renewed

according to upon the lands and tenements to be comprised in values. every such renewed lease; and the amount of the payment so to be made by the said C. D., his executors, administrators, or assigns, upon every such renewal, to be settled and adjusted in case of dispute concerning the same, by reference to the person who, for the time being, shall be the surveyor or agent of the said (original lessor), his heirs or assigns. (Here a proviso may be added for lessee to obtain directly from the original lessor a new lease, (v) and a covenant by (lessor) to produce the original lease.) (w) In witness, &c.

Parties.

Recital.

(22.)

Renewed Lease for Lives.

THIS indenture made the day of, &c., BETWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part. (Recite the former lease, with the covenant for renewal.)(x) AND

Proviso em(v) The proviso may be thus: "Provided always, and it is hereby agreed and declared, between and by the said parties hereto, that it shail powering lessee to apbe lawful for the said (lessee), his executors, administrators, or assigns, at ply directly any time hereafter, to apply for, and procure from, the said (original to lessor for lessor), his heirs or assigns, an original lease, to be granted unto him, the a new lease, said (lessee), his executors, administrators, and assigns, of all and singular

Recital.

the premises hereby demised, or intended so to be, for his and their own use and benefit; and that in such case the said (lessor), his executors, administrators, or assigns, shall and will, at the costs and charges of the said (lessee), his executors, administrators, or assigus, join and concur in making such surrender of the said premises hereby demised as he, the said (lessee), his executors, administrators, and assigns, shall require; and that upon such lease being granted, the covenants and agreements hereinbefore coutained on the part of the said (lessee), to pay a proportionate part of the fines and expenses in every such renewal shall cease, determine, and be absolutely void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding."

(c) See p. 303.

(r) Thus: "Whereas, by an indenture dated, &c., (with livery of seizin thereon according to the form and effect thereof,) and made between, &c., the said A. B. deruised unto the said C. D, bis heirs and assigns, the mues suage, or tenement and premises, hereinafter described, for the natural lives of, &c., and the lives and life of the survivors and survivor of them, at and under the yearly rent of, &c., payable quarterly; and in the said indenture of lease was contained a covenant on the part of the said (lessor), his heirs and assigns, that upon the decease of either of them, the said, &c., he, the said A B., his heirs or assigns, would, at the request of the said (lessee), his heirs or assigns, and upon the surrender of the said lease, and the payment of the sum of £, by way of fine, execute s new lease or new leases of the said premises to the said (lessee), his heirs or assigns, at and under the same yearly rent, and with and subject to

Recital of surrender of

WHEREAS, the said L. M., one of the (celles que Rental.
vies) named in the said indenture of lease, departed
this life on or about the — day of, &c., last past,
and the said C. D. hath accordingly called upon
the said A. B., to grant him a renewed lease in pur-
suance of his said covenant for the life of P. Q.,
now of the age of eighteen years, or thereabouts,
in the room of the said L. M. AND WHEREAS, by
a deed poll under the hand and seal of the said lease.
C. D., bearing even date herewith, the said C. D.
hath surrendered and yielded up unto the said
A. B., and his heirs, all and singular the said mes-
suage and premises to the intent that the said A. B.
may grant a new lease to him thereof, during the
lives of the surviving celles que vies, and the said
P. Q. respectively, as hereinafter is mentioned.
Now THIS INDENTURE WITNESSETH, that in pursu-
ance of the said recited covenant, and of the said
deed poll or surrender, and also in consideration of
the sum of £- of lawful of the said united
money
kingdom, to the said A. B., in hand, paid by the
said C. D., at or immediately before the execution
of these presents, the receipt whereof the said A. B.
doth hereby acknowledge, and from the same and
every part thereof doth hereby acquit, release, and
discharge, the said C. D., his heirs, executors, ad-
ministrators, and assigns, he, the said A. B., DOTH
hereby grant, demise,and lease, unto the said C.D.,
his heirs and assigns, ALL that messuage, &c. To
HAVE AND TO HOLD the said messuage, &c., and
all and singular other the premises hereby demised,
unto the said C. D., his heirs and assigns, [or if it

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such and the same covenants, provisoes, and agreements, (including the covenant now in recital,) as were reserved and contained in the said recited lease. [The period and terms for and upon which the renewal is to be granted should be defined with precision, as disputes often arise between the lessor and lessee, whether upon the true construction of the covenant to renew in a lease for lives the lessee is obliged to renew at the dropping of each life, or has the liberty of waiting until the expiration of all the lives, the leaning of the courts being against the lessee particularly in perpetual renewal. (See p. 532.) The right of renewal is forfeited by the breaches of the tenant, (Baynham v. Guy's Hospital, 3 Ves. jun. 295; and see Rubery v. Jervoise, 1 D. & E. 229,) and no relief will be afforded in equity.-7 East, 237; and see Bayley v. Corporation of Leominster, 3 B. C. & C., 529.]

Testatum.

Habendum.

Reddendum

Reddendum as to the fractional part.

be a lease for years, determinable on lives, say, "his executors, administrators, or assigns," from the date of these presents, during the lives of the said, &c., and the lives and life of the survivors and survivory) of them, [or for and during the term of, &c., if, &c., shall so long live]; yielding and paying, therefore, yearly and every year during the said demise, unto the said A. B., his heirs assigns, the yearly rent or sum of, &c., by equal quarterly payments, on the —— day of, &c., în every year, free and clear of and from all present and future taxes, rates, assessments, deductions, and abatements whatsoever; the first payment thereof to be made on, &c., next ensuing, if the said, &c., or any or either of them, shall be then living, and yielding and paying for any fractional period of a quarter that may happen to elapse between the commencement of this present demise, or any one of the days of payment hereinbefore named, and the decease of the last survivor of them, the said celles que vies, a proportion or ratable share of the said yearly rent, according to the length or duration of such period. AND the said A. B. doth hereby for on the drop himself, his heirs, executors, and administrators, covenant, grant, and agree, with and to the said C. D., his, &c., that if he, the said C. D., his heirs or assigns, (or executors, &c.,) be desirous of taking a further or renewed lease in the said demised premises for another life, and shall, as hereinafter more particularly mentioned, within the space of three calendar months next after such decease, give notice in writing of such desire unto the said A. B., his heirs or assigns, and shall nominate any person in the stead of the cestui que vie, who shall have so departed this life, he, the said A.B., his heirs or assigns, shall and will at the request, and at the costs and charges of the said C.D., his heirs or assigns, (or his executors, administrators, or assigns,)

Covenant

for renewal

ping of a lite.

Survivors.

(y) The words "survivors and survivor of them," prevents the determnation of the lease, in case of either of the lives dying, otherwise it would operate as a lease only for their concurrent lives.- See Bruduell's case, 5 Rep. 9.

surrender.

tional lives.

and on the surrender of this present lease, such sur- Costs of render to be at the like costs and charges, and payment of the sum of £, by way of fine or premium for such renewal, forthwith duly make and execute unto him, the said A. B., his heirs or assigns, (or his executors, administrators, and assigns,) a new and further lease of all and singular the premises hereinbefore demised, for and during the natural life of the person so to be nominated, and the lives of such of the said celles que vies hereinbefore named, as shall be then living, and of the survivors and survivor of them, at and under the same yearly rent, and with, and subject to, such and the same covenants, provisoes, and agreements, including this present covenant, (2) as are herein contained. AND, For insertFURTHER, that if within the said period of three ing addicalendar months after the decease of any one of them, the said, &c., and before any renewed lease, or leases, shall have been granted of the said demised premises, by virtue of the covenants hereinbefore contained, or if any other or others of the said celles que vies, shall depart this life, then it shall be lawful for the said C. D., his heirs or assigns, (or his executors, &c.,) if he or they shall think proper, to add or insert another life or lives in the lease so to be granted as aforesaid, in room of the life or lives which shall so drop, he or they paying unto the said A. B., his heirs or assigns, within the said period of three calendar months after the dropping of the first life, the further sum of £, in respect of the said life, or each of the said lives, as the case may be, which shall be so inserted in the said lease, it being the intention of the said parties, that the said C. D., his heirs or assigns, (or executors, administrators,

(2) In the case of Iggulden v. May, 7 East, 237, it was held that a cove- Renewal. nant to grant a new lease with all covenants, grants, and articles, in this indenture contained," was satisfied by the tender of a new lease, coutaining all the former covenants, except the covenant for further renewal; therefore, the words in the text, "including this present covenant," will have the effect of making the covenant for renewal perpetual; but if it is intended that the renewed lease shall not contain a covenant for renewal, and in order to prevent any doubt, insert, instead of the above words, "Except this perpetual covenant."-See Tritton v. Foote, 2 Cox, 174. 2 Bro. Ch. Ca. 636.

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