TESTATUM CLAUSES IN LEASES.

(1.)

form with

WITNESSETH, that (q) in consideration of the Common rent and covenants hereinafter reserved on the part operative of the said (lessee), his executors, administrators, words. and assigns, to be paid and performed, he, the said (lessee), doth by these presents demise and lease(r) unto the said A. B., his executors, administrators, and assigns, ALL, &c.

(2.)

Witnesseth, that for and in consideration of the In a farmyearly and other rents hereinafter reserved, and of ing lease. the exceptions, covenants, provisoes, conditions, or agreements, hereinafter contained, on the part and behalf of the said C. D., his executors, administrators, and assigns, to be paid, done, observed, performed, fulfilled, and kept, he, the said A. B., doth hereby demise, lease, set, and to farm let, unto the said (lessee), his executors and administrators, ALL, &c.

(3.)

ment ena

Now this indenture witnesseth, that for and in Testatum consideration of the yearly rent, &c., hereby re- virtue of an clause by served, and hereinafter expressed and contained, act of parliaand by and on the part and behalf of the said (les- bling a persee), his executors, administrators, and assigns, to son to lease. be paid, done, and performed, he, the said (lessor), in virtue and in pursuance of the power and authority in and by the said recited act of parliament given, granted, and reserved, or otherwise vested in him, hath granted, leased, and demised, and by this present indenture by him, the said (lessor), sealed and delivered in the presence of, and

(2) If a sum of money is given as a consideration, it may be thus: When a con"That as well in consideration of the sum of £, of lawful money of sideration is Great Britain, to the said (lessor), in hand, paid by the said (lessee, at or given. before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, as also in consideration of the rent," &c.

(r) Or if two: "Do and each of them doth grant, demise, and to farm Several. let, &c.

Witnesses. attested by, one, two, or more credible persons, whose names are written or subscribed at the foot of the attestation hereupon endorsed, as witnesses to the sealing and delivery hereof by him, the said (lessor), doth grant, lease, and demise, unto the said (lessee), his executors, &c., ALL, &c.

(4.) Testatum clause by virtue of

several acts several persons to de

enabling

mise.

(5.)

In a renewable lease for lives.

(6.) Another

adding a fresh life, and upon

Now this indenture witnesseth, that for and in consideration of the rent hereinafter reserved, and of the covenants and agreements hereinafter contained, on the part and behalf of the said A. B., and E. F., and G. H., their respective executors and administrators, to be paid, done, and performed, they, the said A. B. and C. D., in pursuance and exercise of the power and authority given to or vested in them, in and by the said several recited acts, or any or either of them, and of all other power and powers, authority and authorities, in anywise enabling them in this behalf, do demise, lease, and to farm let, unto, &c.

Witnesseth, that in consideration of the surrendering up to be cancelled of an indenture of lease heretofore made, of the messuage or tenement hereinafter demised, for three lives all yet in being, and for and in consideration of the rents, &c., (8) he, &c.

Now this indenture witnesseth, that in pursuance form upon of the said recited covenant, and of the said deed poll or surrender, and also in consideration of the surrender of sum of £, of lawful money of Great Britain, to prior lease. the said (lessor), in hand, &c., he, the said (lessor), doth by these presents grant, demise, and lease, unto the said (lessee), his heirs, executors, administrators, and assigns, (u) ALL, &c.

Lives.

Form under a derivative lease.

Ib.

(s) When it is a lease for years determinable on lives say: "His executors, administrators, or assigns."

(t) When it is a derivative lease under a building contract: "Now this indenture witnesseth, that for carrying the said recited agreement into effect, and in consideration of the yearly rent, covenauts, provisoes, and agreements, hereinafter reserved and contained on the part of the said (lessee), his executors, administrators, and assigns, to be paid and performed, and also in consideration of the sum of five shillings, &c., he, the said (lessor), doth demise and lease" unto, &c.

(u) Another form: "Witnesseth, that as well for and in consideration

lease.

(7.)

Witnesseth, that in consideration of the yearly In an under. rent hereby reserved, and of the covenants, &c., he, the said A. B., doth by these presents grant, demise, and lease, unto the said C. D., his executors, administrators, and assigns, ALL, &c.

(8.)

under a

power.

Witnesseth, that in consideration of the yearly In a lease rent, covenants, and agreements, hereinafter reserved and contained on the part of the said (les- (Common see), his executors, administrators, and assigns, to form.) be paid and performed, he, the said A. B., doth by these presents grant, limit, appoint, and to farm let, unto the said C. D., &c.

(9.)

for life un

Witnesseth, that in consideration of the yearly By a tenant and eventual rents hereinafter reserved, and of the der a power covenants and agreements hereinafter contained, in a settlement.(+) which on the part and behalf of the said C. D., his executors, administrators, and assigns, are or ought to be paid, observed, performed, fulfilled, and kept, he, the said A. B., (w) by virtue and in pursuance of the power and authority given and reserved to him in and by a certain indenture bearing date, &c., and made, or expressed to be made, between, &c., DOTH demise and lease unto, &c., ALL, &c.

(10.) Witnesseth, that as well for and in consideration In a repair

of the surrendering and yielding up of a certain indenture dated, &c., and made, or expressed to be made, between, &c., whereby the said A. B. did demise, &c., and for other good causes and valuable considerations him, the said A. B., hereunto moving, he, the said A. B., doth by these presents demise, grant, and to farm let.'

(v) Or thus, when with the approbation of a consenting party: When the "Witnesseth, that in consideration of the yearly rent, covenants, and power is exagreements, hereinafter reserved and contained on the part of the said ercised with (lessee), his executors, administrators, and assigns, to be paid and per- the approbaformed, he, the said A. B., by virtue and in pursuance of the power or tion of the authority in that behalf given to him by a certain indenture dated, &c., consenting (being the settlement made on the marriage of the said A. B. with M., his party. late wife, deceased,) and with the approbation of the said E. F., testified by his being made a party to and sealing and delivering these presents."

(w) Or say: "By force and virtue of a certain power and authority to Another him given or reserved in and by a certain indenture of settlement bearing form. date, &c., (not naming the parties, only the date,) and of every other power, right, and authority, whatsoever, him hereunto in anywise enabling." Or thus: "He, the said A. B., as well by virtue of the said power contained in the said recited indenture of settlement, and of all and every or any other power or powers, authority or authorities, whatsoever, to him, the said A, B., in this behalf belonging, or in anywise appertaining, doth," &c. (See note (n) to p. 694, as to leases under powers.)

ing lease.

(11.) In a building lease.

(12.) In a lease

from husband and wife under a general

pointment.

of the costs and charges which the said E. F. will expend and lay out in repairing and amending the hereinafter demised messuage or tenement, and also for and in consideration of the yearly rent and covenants hereinafter reserved and contained on the part of the said E. F., his executors, administrators, and assigns, to be paid, done, and performed, they, the said A. B. and C. D., for themselves and their successors, &c., DOTH demise and lease.

Witnesseth, that as well for and in consideration of the great costs and charges the said C. D. hath already been, and will be at, in the building and finishing several new brick messuages or tenements on the ground hereby leased, or intended so to be, and in consideration of the yearly rent, &c., he, &c.

Witnesseth, that in consideration of the yearly rent hereinafter reserved, and of the covenants, conditions, and agreements, hereinafter contained on the part of the said (lessee), his heirs, execupower of ap- tors, administrators, and assigns, to be respectively paid, observed, and performed, they, the said A. B., and M., his wife, in exercise and execution of a general power of appointment reserved to them jointly by a certain indenture of release bearing date the 5th day of May, in the year of our Lord 1838, and of all other powers and authorities in anywise enabling them, or either of them, in this behalf, do by these presents demise, lease, and farm let, unto the said C. D., his executors, administrators, and assigns, ALL, &c.

(13.) In a lease by

a married

woman in

pursuance of

a power re

served to her

Witnesseth, that in consideration of the rents, &c., she, the said M. S., by virtue of, and in pursuance of, a power given and reserved to her, in and by an indenture of settlement dated the 10th of in her mar- June, 1837, and all other powers enabling her in riage settle that behalf, and by and with the privity and conwhich the sent of the said R. S., testified by his being a party husband is a to and signing, sealing, and delivering, these preparty. sents, DOTH demise and lease unto, &c.

ment, and in

consenting

(14.)

mortgagee

a power

deed.

Now this indenture witnesseth, that for the pur- In a mining pose of carrying the said agreement into effect, and lease by a in consideration of the several rents, royalties, re- by virtue of servations, and sums of money, covenants, clauses, given in the and agreements, hereinafter reserved and contained, mortgage on the part of the said (lessees), their executors, administrators, and assigns, to be paid and performed, he, the said (lessor), in pursuance and by virtue of the power and authority contained in the indenture of release or mortgage hereinbefore referred to, and of every other power or authority enabling him in this behalf, doth by these presents grant and demise unto the said C. D., his executors, administrators, and assigns, all, &c.

lease.

(15.) Now this indenture witnesseth, that in pursuance In a mining of the said recited contract, and for carrying the same into execution, and for and in consideration of the yearly rents, royalties, reservations, covenants, provisoes, and agreements, hereby reserved, and hereinafter expressed and contained, and by and on the behalf of the said (lessee), his executors, administrators, and assigns, to be paid, done, and performed, he, the said, &c., DOTH demise and lease.

(16.)

visees in

Witnesseth, that the said A. B. and C. D., in In a lease pursuance of the trusts and authority vested in them from deby the will of the said R. S., deceased, and in con- trust.(x) sideration of the yearly rent, covenants, and agreements, hereinafter reserved and contained on the part of the said E. F., his executors, administrators, and assigns, to be paid and performed, do, and each of them doth, demise, lease, set, and to farm let.

(17.) Now this indenture witnesseth, that in pursuance From husof the said agreement, (y) and in consideration of the wife of lands

band and

(x) Where the whole inheritance is vested in trustees for the purposes Trustees of sale or otherwise, and they are empowered to make leases, the instru- for sale. ment for such purpose does not differ from that of any other lease by owners in fee, except that a reference is generally made to their fiduciary character, and to the instrument containing the authority under which they act.

(y) A recital is frequently introduced in a lease of this description after Recital