taxes.

build.

tions, the first payment thereof to begin and to be made on the day of, &c., 18-; the said several rents to be paid, and payable, from time to time, on the several feast days aforesaid during the said term, free and clear of all rates, taxes, charges, Free from assessments, and payments, whatsoever. (Add a (See p. 488.) covenant from the said C.D. with the said A.B., for payment of the rent and taxes.) AND that Lessor to he, the said C. D., his executors, administrators, (See p. 489.) or assigns, shall and will, before the expiration of the first year of the said term hereby granted, at his and their own proper costs and charges, erect, build, complete, and in a workmanlike manner finish, one or more good and substantial brick messuages or tenements, upon some part of the ground hereby demised; and shall and will lay out and expend therein the sum of £, or upwards. AND also, Repairs. that he, the said C. D., his executors, administra- (See p. 490.) tors, and assigns, shall and will, from time to time, and at all times, from and after the said messuage or tenement, erection and buildings on the said piece of ground hereby demised, shall be respectively completed and finished, during the remainder of the said term hereby granted, when, where, and as often as need or occasion shall be and require, at his and their own proper costs and charges, well and sufficiently repair, &c., and to yield up, &c. (See p. 507.) AND that he, the said C.D., his executors, To insure administrators, and assigns, shall and will, at his and their own proper costs and charges, from time to time, sufficiently insure all and every the messuages or tenements, erections and buildings, which shall be erected and built upon the said piece or parcel of ground hereby demised, or any part thereof, from casualties by fire, during the then remainder of the said term hereby granted, in some or one of the public offices kept for that purpose in London or Westminster; and in case the said messuages or tenements, erections and buildings, or any of them, or any part of any of them, shall at any time or times during the said term be burned

and re-build (See p. 491.)

Lessor to enter and view.

down, destroyed, or damaged by fire, shall and will, from time to time, immediately afterwards, rebuild, or well and sufficiently repair, the same. AND further, that it shall and may be lawful, to and for the said A. B., his heirs and assigns, or any of them, with workmen or others, to enter and view, &c., and to give notice of repairs, &c., and for lessee to repair on notice, see p. 493. (And and a covenant for re-entry on non-payment of rent, or non-performance of any of the covenants, see p. 497. And for lessee's quiet enjoyment.) In witness, &c.

(25.)

Building Lease, with Power to take down
Buildings, and use Materials.

Parties.

THIS indenture, made the

day of, &c., BE

TWEEN A. B., of, &c., of the one part, and C. D., Testatum. of, &c. of the other part. Whereas, &c. NOW THIS

Old materials.

Operative part.

Premises.

INDENTURE WITNESSETH, that as well for, and in consideration of, the costs and charges, that the said C. D. will be at in taking down the old buildings now standing on the piece or parcel of ground by these presents demised, (which he is at liberty to do, and to take and convert all the old materials, in erecting and building a new messuage or tenement thereupon, in manner hereinafter mentioned,) as also of the yearly rent, covenants, conditions, and agreements hereinafter reserved, expressed, and contained, by and on the part and behalf of the said C. D., his heirs, executors, administrators, and assigns, to be paid, observed, 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, whereupon the aforesaid ruinous messuage, tenement or dwelling house yet stands, late in the tenure or occupation of P. S., next adjoining to the house or ground towards the east, in the occupation of, &c., and towards the west

adjoining to, and abutting upon, the house or
ground now in the occupation of, &c., situate and
lying on the south side of
street, in the parish

words.

of, &c., which said premises are more particularly delineated and described in the plan on the ground plot of the premises, drawn in the margin of these presents; together with the new messuage or tenement to be erected and built thereon, pursuant to the covenant for that purpose hereinafter contained. AND all vaults, areas, lights, ways, drains, water- General courses, profits, commodities, and appurtenances whatsoever belonging, except, nevertheless, and always reserved out of this present demise, the free passage and running of water and soil, coming out of and from the other houses and tenements of the said A. B., and his other the tenants of the said parish of, in, by, and through the channels and drains belonging to the said demised premises as have been formerly used, such tenants, upon reasonable request, paying their share and reasonable proportion of the charges of cleaning and repairing the same, as often as need shall require. To HAVE Habendum. AND TO HOLD the said piece or parcel of ground and premises hereby demised or mentioned or intended so to be, with their and every of their appurtenances, (except as before excepted,) unto the said C.D., his executors, administrators, and assigns, from, &c., for and during, and unto the full end and term of sixty-one years from thence next ensuing, and fully to be complete and ended; yielding Reddendum and paying, therefore, for the first year of the said term, the rent of one peppercorn only, on the last day of the same year, if the same shall be lawfully demanded; and yielding and paying, yearly and Reddendum every year, during the sixty years' residue of the of a yearly said term of sixty-one years, upon the four most usual days, &c. AND the said C. D., for himslf, his Covenant by heirs, executors, administrators, and assigns, doth buildings. covenant, promise, and agree, to and with the said A. B., his executors, administrators, and assigns, and to and with every of them, by these presents,

of a pepper

corn rent.

rent.

C.D to erect

(See p. 489.) in manner and form following, that is to say, that he, the said C. D., his heirs, executors, administrators, or assigns, shall and will, within the space of twelve calendar months next after the commencement of the said term hereby granted, at his and their own proper cost and charges, wholly take down the old buildings now standing on the said piece or parcel of ground hereby demised, which he or they are at liberty entirely to level and clear away, and convert all the old materials thereupon, to his and their own proper use, and in a good, substantial, and workmanlike manner, erect and build, perfect and finish, a new messuage or tenement, on the said piece or parcel of ground, even in front with the other houses or tenements of the said A. B.; and shall and will build the same with good and well burned bricks, and with mortar made with good lime and sand, well mixed, without any earth or loam, saving that the rubbish of the old wall may be used therein, being well mixed with a proper quantity of new lime; the height of stories, thickness of walls, and scantlings of timber, to be such as are directed and appointed for the best and second-rate buildings, according to the building act of parliament made and provided. Lessee to do (Add a covenant to repair, &c.)(ƒ) AND, further,

Lessee to repair.

Lessee to Contribute towards a Common sewer.

() The covenant to repair, &c., ran thus: "And furthermore, that be, the said C. D., his heirs, executors, administrators, or assigns, shall and will from time to time, and after such time as the said new messuage or tenement shall be erected and built as aforesaid, from time to time, and at all times during the continuance of the term of this present demise, at his and their proper costs and charges, when and as often as need shall require, well and sufficiently repair, uphold, support, maintain, amend, pave, scour, cleanse, empty, and keep, the same new messuage or teuement, and all other buildings and erections which, during the term hereby granted, shall be erected and built on the said demised piece or pare ground and premises, and all the walls, posts, pales, rails, fences, pate ments, grates, sinks, drains, and houses of office thereto belonging, and which shall belong to the same, in, by, and with, all manner of needful and necessary reparations, cleansings, and amendments, whatsoever. And also shall and will, together with the other tenants or lessees of the said parcel of new building, on the south side of the said street, contribute his and their part, share, and proportion, of the expense and charge of sinking and building a new common sewer of sufficient depth to drain the cellars and vaults of the said new houses, pursuant and according to the covenant for that purpose by him made for re-building the premises as aforesaid, and from and after such time as the said new common sewer shall be sunk and built as aforesaid, shall and will from time to time during the said term, bear, pay, and allow, a reasonable share and proportion for or towards the making, supporting, repairing, and amend

annoy ad

tenants.

that he, the said C. D., his executors, administra- nothing to tors, or assigns, or any of them, shall not, nor will, joining at any time during the continuance of this present demise, do, or willingly suffer, any act, matter, or thing, to, in, or upon, the said demised premises, or any part thereof, that shall or may grow to the annoyance, grievance, damage, or disturbance of the said A. B., his heirs or assigns, or the person or persons so to be intitled in reversion or remainder as aforesaid, or other the tenants of the said, &c., aforesaid, (Add a proviso for re-entry,(g) and add the usual covenant for quiet enjoyment.) In witness, &c.

(26.)

A short Form of a building Lease.

THIS indenture, made the

TWEEN A. B., of, &c., of the one

day of, &c., BE- Parties. part, and C. D.,

ing, of all party walls, party gutters, common sewers, and drains, belong- Party walls. ing, and which shall belong, to the said demised premises, or any part thereof, when and as often as need or occasion shall be and require. And the said messuage, or tenement and premises, and every part thereof, with the appurtenances, so being well and sufficiently repaired, &c., shall and will, at the end, expiration, or other sooner determination, of the said term, peaceably and quietly leave, surrender, and yield up, unto the said A. B., or the person or persons who, for the time being, shall be entitled to the reversion or remainder of the premises, expectant on the determi nation of the said term; and moreover, to enter and view, &c.; and that he, the said C. D., his heirs, executors, administrators, or assigns, shall and will upon demand re-pay to the said C. D., or to the person or persons so to be entitled in reversion or remainder as aforesaid, all and every such sum and sums of money as he or they shall have expended and paid in and about the same." (See p. 493.).

(9) The proviso for re-entry ran thus: "Provided always nevertheless, Proviso for that if the said yearly rent or sum of forty pounds shall happen to be be- re-entry. hind or unpaid, in part or in all, by the space of fourteen days next after (See p. 497.) any of the said feasts or days of payment whereon the same ought to be paid as aforesaid, or if the said C. D., his executors, administrators, or assigns, shall permit or suffer any person or persons to inhabit or dwell in the said demised premises, or any part thereof, who shall use and follow the trade of a brewer, baker, butcher, vintner, victualler, poulterer, fishmonger, cheesemonger, soap-boiler, distiller, brazier, pewterer, smith, farrier, tallow-chandler, or pipe maker, or other noxious or noisy trade, without the license of the said A. B., or the person or persons so to be in reversion or remainder as aforesaid, or his or their steward or other agents, for the time being, under his or their hand and seal first had and obtained in writing for that purpose; then and from thenceforth, in any of the said cases, it shall and may be lawful to and for the said A. B., and the person or persons so entitled in reversion or remainder as aforesaid, into and upon the said hereby demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy, as in his or their first and former estate and right, anything hereinbefore contained to the contrary thereof in anywise notwith. standing."