Fixtures.]-If any fixtures are intended to be included in the demise, they ought to be distinctly specified; but the best way of doing this is by a schedule at the end of the deed, and shortly describing or referring to them in the body of the deed itself, as "the fixtures specified and set forth in the schedule hereunto annexed." it Reversion clause.]-In leases for long terms of years was a common practice to insert the reversion clause (2 Prest. Con. 178); but as this clause is superfluous, and is therefore now very often properly omitted in purchase deeds, it is still more out of place in a lease, however long the term may be, and ought therefore to be omitted in that instrument also. All-estate clause.]-The all-estate clause should of course be omitted, as being inconsistent with the interest which the lessee is to take in the premises (as to which see ante, vol. i., p. 221.) All-deeds clause.]—The all-deeds clause must of course be left out in every lease; as the title deeds will always remain in the lessor's custody; and although he may undertake to show his title whenever the lessee may require it, this will in nowise entitle the latter to the custody of the deeds. 4. Of the Exceptions and Reservations. Essentials to the validity of an exception or reservation.]— Some attention will be required in framing any exceptions and reservations which may be required in the lease, which, as we have before had occasion to remark, whenever any doubt arises upon their construction, are construed in the lessee's favour, and will under no circumstances whatever be construed so as to frustrate the grant (Dorril v. Collins, Cro. Eliz. 6; Mabie's case, Winch. 23), as where a lease was granted of a rectory, except the glebe, which exception was holden bad altogether; although a lease of this kind, with the exception of parcel of the glebe, would have been good: (ib.) The exception must also be of a part of the thing demised under a general denomination, as a farm called A., except a certain field or close thereout; for an exception cannot be of that which is itself expressly granted; as for example, a demise of the farms A. and B., excepting B.; or of certain lands and underwoods thereunto belonging, excepting the underwoods, or twenty acres of land, excepting ten acres, or one acre, or a house and shop, excepting the shop, in every one of which cases the exception will be void. Duties of solicitors both of lessor and lessee with respect to reservations and exceptions.]—The lessor's solicitor ought always to come to some previous arrangement with the lessee respecting all reservations and exceptions which the lessor is to retain, which ought at once to be reduced into writing and form part of the contract, and thus avoid the discussion of any of these matters when the lease itself comes to be actually prepared, any further than relates to such reservations or exceptions being inserted therein, in accordance with the terms of such previous arrangement. The lessee's solicitor also should be equally careful to see that his client is in nowise prejudiced by the insertion of more extended reservations or exceptions in the lessor's favour in the lease, than are warranted by the contract or terms previously agreed upon between the parties. Usual reservations contained in leases.]—The usual reservations or exceptions in leases are right of way, the right of sporting, and the reservation of timber or minerals growing or produced upon the estate. As to rights of way.]-If a right of way is to be reserved to the lessor, the whole extent of right which he is to exercise must be as distinctly set forth as upon an express grant of such right, as a more extended right will not be reserved in the one case, than would be conferred in the other. Trees, woods, and underwoods.]—By an exception of the underwoods and coppices, whether in plantations or in hedges, the soil itself, as well as the underwoods, will be excepted out of the demise, so that if the underwoods be cut down or grubbed up during the term, it will confer no right to the lessee to enter upon the lands upon which they grew. But if timber trees be excepted, the latter exception will operate on so much of the soil only as may be necessary for their nourishment and support, and if the lessor cuts down the trees, the land on which they grew will then become the property of the lessee. It is usual in exceptions of the latter kind to reserve a right of entry in the lessor for the purpose of cutting down and carrying off the trees; still this is not actually necessary, as the lessor, under such a reservation, may justify an entry for these purposes, upon the principle that the effect of an exception is to except all things dependent on and necessary for its enjoyment: (Durham and Sunderland Railway Company v. Walker, 2 Gale & Dav. 326.) The better and more regular course, however, is to reserve the right of entry, and at the same time to stipulate that the lessor will make reasonable compensation to the lessee for all damage done to the lands in exercise of such right, the amount of which, if disputed, is to be settled by the award of two arbitrators or their umpire in the usual manner: (see the form 1 Con. Prec., Part III., Section II., No. XV., clause 4, p. 530, 2nd edit.) An exception of great trees will not only embrace such trees as are actually great, but also all such as are likely to become so during the continuance of the lease: (Gamock v. Cliff, 1 Leon. 61.) As to underwoods.]-But in the case of the exception of underwoods, if the lands themselves on which such underwoods grow are intended also to be excepted to the lessor, the reservation of a right of entry would be repugnant to the exception, and should therefore be omitted; for if inserted, it would negative the lessor's right to retain the soil, and in that case no right of entry would be needed, and the right to the soil would pass to the lessee: (Pincomb v. Thomas, Cro. Jac. 524.) Where fruit trees are not intended to be excepted.]—In a reservation of trees, if fruit trees are not intended to be included therein, an exception to that effect should be inserted in favour of the lessee: (see the form 1 Con. Prec., Part III., Section II., No. XV., clause 4, p. 530, 2nd edit.); for although, in some counties, as in Devonshire for instance, where a considerable portion of every farm consists of orchards, a general exception of trees of every kind would not include apple trees (Wyndham v. Way, 4 Taunt. 316), a different rule of construction might prevail in other parts of the kingdom where orchards may neither be so common or extensive, and the fruit trees, however valuable, do not cover any considerable portion of the demised premises. As to mines and minerals.]-In excepting mines and minerals it will be proper not only to except mines, minerals, and metallic substances, but also pits of stone, slate, gravel and marl, and also reserve a right of entry in the lessor for the purpose of effectually working the same. As to rights of sporting.]—In this reservation, unless it is intended, as is rarely the case, that the privilege is to be a mere personal one to the lessor himself, it ought to be extended to persons in his company or by his permission (see the form 1 Con. Prec., Part III., Section II., No. XV., clause 5, p. 531, 2nd edit.); and the lease should contain a covenant from the lessee authorizing the lessor to give notice to the persons sporting on the premises in the lessee's name, and also to bring actions in his name against such trespassers, the lessor indemnifying him from all costs thereby incurred: (see the form 1 Con. Prec., Part III., Section II, No. XV., clauses N. and O. in notis, p. 537, 2nd edit.) Right of entry for the purpose of inspecting repairs.]—A right of entry for the purpose of viewing the condition of the repairs, or the state of cultivation of the demised premises, is often inserted in husbandry leases (see the form 1 Con. Prec., Part III., Section II., No. XV., clause 6, p. 531, 2nd edit.); but in leases of dwelling-houses, it is a more common practice for the lessee to covenant that it shall be lawful for the lessor to enter on the demised premises for that purpose at certain stated periods, and that if he finds any want of repairs the lessee will amend the same upon notice. IV. HABENDUM. 1. Certainty of commencement. 3. Certainty of termination. As it is the office of the habendum to limit the estate which the lessee takes in the demised premises, the term for which they are granted should be defined with precision, it being essential to its validity that it should have a certain commencement, a certain duration, and a certain determination: (Foote v. Berkeley, 1 Ventr. 83.) 1. Certainty of Commencement. What will be considered a sufficient certainty of commencement.]-The term must be certain at its commencement, yet it may begin from a day past, present, or to come. It may also be made to commence in interest and enjoyment at some future day, though running in computation of time from a past or present day; as from Lady Day next to be computed either from the preceding Christmas Day, or any other preceding day, or from the day of the date of the lease: (Enys v. Donnithorne, 2 Bur. 1190.) Neither is it necessary that the certainty of its commencement should be ascertained at the time of the execution of the lease, if in due course of time a day will arrive which will mark such certainty (Orl. Bridg. edit. Bann. 4); as for example, where a lease is granted for a term of twenty-one years, after the death of a life in being, or even after the decease of the lessor himself: (Child v. Baylie, Cro. Jac. 459.) Term may be made dependant on any possible event.]—The commencement of the term may also be made dependant upon any possible event, or on a condition precedent (Potkin's case, 14 Hen. 8, 10 [B.] 6), as for instance, that A. on payment of some specified sum of money, or the performance of some certain act, shall from thenceforth enjoy the lands for some specified term of years, in which case A., on performing the condition, will have a lease for the term thereby expressed to be granted: (Shep. Touch. 273; Co. Litt. 456; 1 Roll. Abr. 848.) Whether a term limited to commence from the date of the lease will pass a present or a future interest.]—It was at one time doubtful whether an habendum, "from the date" of the deed, or "from henceforth," would pass a present, or a future interest, which became a very important question where the lease was granted in exercise of a power which only warranted the granting of leases to commence in possession, in which case a term limited to commence in futuro would have been ineffectual, on account of being unwarranted by the power. To guard against this consequence, a practice prevailed of limiting the term not from the "day of the date," but "from the day next before the day of the date." But it has been some time since decided that "from the date," will be construed inclusive or exclusive of the date, as will best affect the deed, and not destroy it (Pugh v. Duke of Leeds, Gow. 714); so that in modern practice, where a possessory lease is intended to be granted, the term is generally limited to commence from the day of the date, and not from the day preceding the day of the date. As to concurrent leases.]-If, during the continuance of a lease, a second lease is granted of the same premises for a longer term, it becomes concurrent with the existing lease in point of interest and computation of time, and operates as an immediate lease of the reversion (2 Platt on Leases 57), which will in general pass the right to the rent under the former lease (ibid.), without the necessity of any attornment from the tenants, which formal act, if it was ever necessary, |