case of neglect to in sure. or assigns,) shall not be obliged, unless he or they shall think proper, provided he renews within the period aforesaid, to incur the expenses of a further or additional lease or leases, in respect of the said Proviso in second or third lives dying as aforesaid. PROVIDed nevertheless, and it is hereby declared, that in case the said C. D., his heirs and assigns, (or his executors, administrators, or assigns,) shall neglect or refuse, within the space of three calendar months next after the decease of such one of them, the said, &c., as shall first die, to give unto the said A. B., his heirs or assigns, or leave for him, or them, at his or their dwelling, or respective dwellings, notice in writing, of his or their desire to renew the said lease, naming one or more person or persons in the room of him or them who shall have departed this life, or shall neglect to pay(a) such fine as aforesaid, forthwith after the expiration of such notice, or to execute a surrender of this present lease, or a counterpart of the said lease, so to be granted, at and under the rent, and with the covenants, provisoes, and agreements, herein before contained, including the said covenant for renewal, according to the true intent and meaning of these presents, THEN and in such case all right and benefit of renewal, by virtue of the said covenant hereinbefore contained shall lapse and determine, as effectually as if the said covenant had not been inserted in this indenture, anything herein contained to the contrary thereof in anywise notwithstanding. AND the said A. B. doth hereby make, constitute, and appoint, R. S., of, &c., (or if made a party to the deed, the said R. S.,) his true and lawful attorney, for him, and in his name, to enter into and upon all and singular the said hereditaments and premises hereby granted and enfeoffed, or intended so to be, with the appurtenances, or into or upon some part thereof in the name of the Appoint ment of attorney to deliver pos session. Renewal. (a) Where a lessee neglects to renew within the time prescribed by the covenant, the right of renewal is gone, as well in leases for years as leases for lives. whole; and after the said R. S. shall have entered into and upon the said hereditaments and premises in manner aforesaid, then, in the name of the said A. B., to give and deliver unto the said C. D., in his own person, or by his attorneys or attorney, hereafter for that purpose authorised, seizin of all and singular the same hereditaments and premises, or some part thereof in the name of the whole,(b) To HOLD unto the said C. D., his heirs and assigns, according to the form and effect of these presents; and the said A. B. hereby undertakes to ratify and confirm whatsoever his said attorney shall lawfully do, by virtue of these presents. [If the lessee appoints an attorney to receive seizin, add the clause to that effect, thus,]—And the said C. D. Appoint doth, &c., to enter, &c., in the name of the said torney to reC. D., and for him to take and receive seizin of all, &c., from the said A. B., in his own person, or by his attorney or attorneys, hereinafter for that purpose authorised, TO HOLD, &c., and the said C. D. undertakes to ratify, &c. In witness, &c. (c) (23.) A Lease of different Premises for two separate Terms, with different Habendums and Reservations of Rent accordingly; with a Clause, empowering the Lessee to surrender up the Premises, at a certain Period of the Term, on Notice.(d) ment of at new seizin. THIS indenture, made the day of, &c. 1838, Parties. BETWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part, WITNESSETH, that for, and (b) To a lease for life, livery of seizin is necessarily incident, as it passes Livery. the freehold; but a lease for years passes only the right of possession, and is completed by the entry of the lessee.-Watk. Pr. 175. Prest. Conv. 145. (e) The testimonium may be thus, if from a corporation: "In witness Testimowhereof to one part of these indentures remaining with the said (lessee), nium. the said (lessors) have set their common seal; and to the other part thereof, remaining with the said (lessors), the said (lessee) hath set his hand and seal the day and year first above written.' (Livery of seizin must be endorsed on the decd.) (d) The terms created by this lease, although having different com- Terms. mencements, end at the same period. First description of parcels. scription of parcels. in consideration of the rents, &c., he, the said A.B., DOTH, by these presents, demise and lease unto the said C. D., his, &c., ALL that messuage or tenement, with the garden, coach-house, stable, and outhouse, thereunto belonging, and therewith now enjoyed as the same now are, in the tenure or occupation of the said A. B., situate, lying, and being Second de in the parish of D. in the county of C. AND ALSO all that other messuage or tenement, and also all those several pieces or parcels of meadow or pasture land, formerly in one piece or parcel, and lately divided, commonly called or known by the name of, &c., containing, by estimation, fifteen acres or thereabouts, be the same more or less, situate, &c., which last mentioned messuage or tenement, and several pieces or parcels of meadow or pasture land, are also situate, lying, and being, in or near D. aforesaid, and now are in the tenure or occupation of R. S., his undertenants or assigns, with all ways, paths, passages, lights, easements, waters, water courses, profits, commodities, advantages and appurtenances whatsoever, to the said messuage or tenement, pieces or parcels of land and premises belonging, or in anywise appertaining, (except and always reserved,) forth and out of this present demise, unto the said A. B., his heirs and assigns, all timber trees, and pollard trees, now growing, and which during the term hereby granted shall grow, or be upon the said demised premises, or any First ha part thereof, TO HAVE AND HOLD the said messuage General words. bendum. or tenement, garden, coach-house, stable, outhouse, and premises above mentioned, to be in the occupation of the said A. B., unto him, the said C.D., his executors, administrators, and assigns, from the 25th day of March next ensuing, for and during, and unto the full end and term of twenty-one years from thence next ensuing, and fully to be complete Second ha and ended. AND TO HAVE AND TO HOLD the said messuage or tenement, and the several pieces or parcels of meadow or pasture land and premises, secondly hereinbefore described, and now in the bendum. occupation of the said R. S., unto the said C. D., his executors, administrators, and assigns, from the 29th day of September, which will be in the year of our Lord, 1841, for, and during, and unto the full end and term of seventeen years and a half, from thence next ensuing, and fully to be complete and ended. YIELDING AND PAYING for the said First reddendum. messuage and tenement, garden, coach-house, stable, outhouse, and premises, firstly hereinbefore described and mentioned to be in the occupation of the said A. B., unto the said C. D., his heirs or assigns, for and during the first three years and a half of the said term of twentyone years, by these presents demised, the yearly rent or sum of £20, of lawful money of Great Britain, on the four most usual feasts, or days of payment of rent in the year; that is to say, the 24th day of June, the 29th day of September, the 25th day of December, and the 25th day of March, by even and equal portions, the first payment thereof to begin and be made on the 24th day of June next ensuing the date hereof. AND ALSO YIELDING AND Second redPAYING, for all the said hereby demised premises, unto the said A. B., his heirs or assigns, for and during the last seventeen years and a half of the said term of twenty-one years, the yearly rent or sum of £63, of like lawful money, on the four most usual feast days, or times of payment of rent aforesaid, by equal and even portions. AND, &c., (add Covenants. the usual covenants by tenant for payment of rent and taxes, to repair, &c.; and by landlord for quiet enjoyment, &c. See p. 488). In witness, &c. (24.) Lease of Land for building. dendum. THIS indenture, made the day of, &c., BE- Parties. TWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part, WITNESSETH, that for and Testatum. in consideration of the rents, covenants, and agreements, hereinafter reserved and contained, and by and Parcels. on the part and behalf of the said C. D., his executors, administrators, and assigns, to be paid, done, and performed; he, the said A. B., doth, by these presents, demise, lease, set, and to farm let, unto the said C. D., his executors, administrators, and assigns, ALL that piece or parcel of ground, situate and being, &c., containing, &c., (e) together with the messuage or tenement, and other the erections and buildings thereon, which the said C. D. shall have full liberty to pull down, and to take to and for his own use, which said piece or parcel of ground adjoins, &c., and is more particularly delineated and described in the plan or ground plot thereof, drawn in the margin of these presents; together with all erections, and buildings to be erected and built thereon, and all ways, paths, passages, drains, waters, water courses, easements, profits, commodities, and appurtenances whatsoever, belonging, and which shall belong, to the said hereby demised Habendum. premises, or any part or parcel thereof. TO HAVE AND TO HOLD the said piece or parcel of ground, messuages or tenements, erections, buildings, and premises hereby demised, or intended so to be, with their, and every of their appurtenances, unto the said C. D., his executors, administrators, and assigns, from the day of, last past, for General words. and during, unto the full end and term of years from thence next ensuing, and fully to be complete Reddendum and ended. Yielding and paying, therefore, yearly and every year, for and during the first years of the said term hereby demised, the rent of a peppercorn, on the last day thereof (if demanded); Reddendum and yielding and paying, therefore, yearly and every year, for and during the remaining years of Parcels. the said term hereby demised, unto the said C. D., his heirs and assigns, the net yearly rent or sum of £, of lawful money of Great Britain, by half yearly payments, on the day of, &c., and day of, &c., in each year, by even and equal por (e) The parcels should be particularly described as to the admeasurement and boundaries. |