Construction of act.

reserved on any lease by a tenant in fee, or for any life interest, or by any lease granted under any power (and which leases shall have been granted after the passing of the act); and all rents charge and other rents, annuities, &c., made payable or coming due at fixed periods under any instrument that should be executed after the passing of the act, or (being a will or testamentary instrument) that should come into operation after the passing of the act, shall be apportioned so that on the death of any person interested in any such rents, annuities, &c., or in the estate or fund in respect of which the same shall be issuing or derived, or on the determination by any other means of the interest of any such person, he or she, and his or her executors, administrators or assigns, shall be entitled to a proportion of such rents, annuities, &c., according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of such person, or of the determination of his or her interest.

For a party to be entitled to apportionment under this act, it is necessary that the rents should be payable under an instrument in writing, and that they should be reserved on leases granted subsequently to the passing of the act. (Re Markby, 4 My. & Cr. 484; Michell v. Michell, 4 Beav. 549).

The act applies to cases where the rent continues and is to be apportioned between the individual who was entitled when it began to accrue, and another who has come in as a remainderman or

reversioner or otherwise; but it does not apply to the case of a landlord determining his tenancy by his own act. (Oldershaw v. Holt, 12 Ad. & El. 590). The act also applies to cases in which the interest of the person entitled to the rents, &c., is terminated by his death or by the death of another person; but it does not apply to the case of a tenant in fee, or provide for the apportionment of rent between the real and personal representatives of a person whose interest is not terminated at his death.

173).

(Browne v. Amyot, 3 Hare,

Leases for any term not exceeding 35 years at a yearly rent, without 13 & 14 Vict. fine or premium, must be stamped as follows:

c. 97.

Leases for any term exceeding 35 years at a yearly rent, without 17 & 18 Vict. fine or premium, must be stamped as follows:

c. 83.

And leases of lands granted in consi

50 1 10 0 300

50

Both the ad valorem duties, pay-
able for a lease in consideration of

deration of a fine or premium, and also of a fine only, and for a lease in con

a yearly rent.

sideration of a rent only of the
same amount.

OF A DWELLING

HOUSE.

Parties.

part.

Demise of dwelling house,

No. LXVI.

LEASE of a DWELLING HOUSE for TWENTY-ONE YEARS, determinable on NOTICE at the end of SEVEN or FOURTEEN YEARS. COVENANTS by LESSEE not to ASSIGN or UNDERLET, or use the HOUSE except as a DWELLING HOUSE. COVENANTS by LESSEE to INSURE, &c. &c. PROVISO for RE-ENTRY. PROviso enabling LESSEE to purchase FEE SIMPLE on notice.

day of

THIS INDENTURE, made the BETWEEN A. B., of &c. [lessor], of the one part, and C. D., of &c. [lessee], Witnessing of the other part, WITNESSETH, that in consideration of the rent and covenants hereinafter reserved and contained, and on the part of the said C. D., his executors, administrators and assigns, to be paid, observed and performed, he the said A. B. doth by these presents demise and lease unto the said C. D., his executors, administrators and assigns, ALL THAT messuage or dwelling house, &c. [parcels], TOGETHER WITH all passages, water-courses, rights, easements and appurtenances thereunto belonging, TO HAVE AND TO HOLD the said messuage or dwelling house, and all and singular other the premises hereby demised, or expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, for the YIELDING AND

to lessee for term of years from the day of

twenty-one

years.

PAYING therefore yearly and every year during the said term, unto the said A. B., his executors, administrators and assigns, the clear rent of £ by four equal quarterly payments, on the 25th day of March, the 24th day of June, the 29th day of September and the 25th day of December, free and clear of and from all parliamentary and parochial taxes, rates, assessments and outgoings whatsoever (except land tax and property or income tax respectively), the first quarterly payment thereof to Covenants by be made on the 25th day of March next ensuing the date of these rent and presents: AND THE SAID C. D. doth hereby for himself, his heirs, executors, administrators and assigns, covenant with the said A. B., his executors, administrators and assigns, that he the said

lessee to pay

taxes.

OF A

HOUSE.

mit lessor to

view the

C. D., his executors, administrators and assigns, will from time to time during the said term pay or cause to be paid unto the said DWELLING A. B., his executors, administrators and assigns, the said yearly rent of £ on the days and in manner herein before mentioned, and also pay and discharge all present and future taxes, charges, rates and assessments whatsoever upon the said hereby demised premises, or any part thereof, or on the occupier or occupiers, owner or owners thereof (except as aforesaid): AND and to perFURTHER THAT the said C. D., his executors, administrators and enter and assigns, shall and will peaceably and quietly permit the said A. B., premises, his executors, administrators and assigns, with or without workmen, and others, twice in every year during the said term, at convenient times in the day time, into and upon the said hereby demised premises, or any part or parts thereof, to enter and view, and examine the state and condition thereof, and of all such decays, defects and wants of reparation as shall be found upon every such view and examination, to give to the said C. D., his executors, administrators or assigns, or leave at or in the said demised premises, or any part thereof, to and for the said C. D., his executors, administrators and assigns, notice in writing to repair and amend the same within the space of six calendar months then next following, within which said space of six calendar months he the said C. D., his executors, administrators or assigns, will repair and amend all and every the same and to repair decays, defects, and wants of reparation accordingly, as shall be mentioned in such notice: AND ALSO THAT the said C. D., and to insure his executors, administrators or assigns, shall and will, at his or their own costs, immediately after the execution of these presents, insure or cause to be insured, and at all times afterwards during the said term determinable as hereinafter mentioned, keep insured the said messuage or dwelling house, and buildings hereby demised, from loss or damage by fire, in the name or names of the said C. D., his executors, administrators or assigns, in the Insurance Office, or in some other office or offices in London or Westminster to be appointed by the said A. B., his executors, administrators or assigns, in a sufficient sum to cover the value of the said messuage or dwelling house and buildings, and shall and will for that purpose pay or cause to be paid the premium or premiums, sum or sums of money, which may become due and payable in respect of

defects, &c.,

OF A DWELLING HOUSE.

every such insurance, and shall from time to time, when required, produce to the said A. B., his executors, administrators or assigns, the receipt or receipts for the payment of such premium and to apply or premiums, sum or sums of money for such insurance: AND

insurance

monies in rebuilding,

and not to assign or underlet,

THAT ALL monies which shall be received from time to time under or by virtue of any such insurance aforesaid, shall be forthwith laid out and applied in or towards the rebuilding and repairing the said messuage or dwelling house and premises so to be insured, or such part thereof as shall be burnt down or damaged by fire: AND THAT the said C. D., his executors or administrators, shall not assign, or underlet, or part with the possession of the said messuage or tenement and premises hereby demised, or any part thereof, without the consent in writing of the said A. B., his executors, administrators or or to use pre-assigns for this purpose being first had and obtained: AND as a dwelling SHALL NOT nor will at any time during the said term carry on, or permit to be carried on, any trade or business in or upon the said demised premises, or any of them, or permit the said messuage or dwelling house to be occupied in any other manner and to repair than as a private dwelling house: AND THAT the said C. D., premises, his executors, administrators and assigns, shall at all times

mises except

house,

and maintain

up at the de

of term.

during the said term, at his and their own costs and charges, well and sufficiently repair, support, maintain and keep the said messuage or dwelling house and premises hereby demised, with their and every of their appurtenances, with all manner of necessary reparations and amendments whatsoever, when, and to deliver where, and so often as occasion shall require; and the said mestermination suage or dwelling house and premises, being so well and sufficiently repaired, supported, maintained and kept, shall and will at the end or earlier determination of the said term of years, which shall first happen, peaceably and quietly yield and give up unto said A. B., his executors, administrators or assigns: PROVIDED ALSO, and it is hereby agreed between the said parties to these presents, that if the said C. D., his executors, administrators or assigns, shall be desirous of determining the said term of twenty-one years at the end of the first seven years or fourteen years of the said term, and of such his or their desire shall deliver to the said A. B., his executors, administrators or assigns, or leave at his or their usual place or places of abode not less than six calendar months' notice, at or before

Proviso for

determining term upon notice at end

of seven or fourteen years