(see the form 1 Con. Prec., Part III., Section II., No. IX., clause 9, p. 512, 2nd edit.)

Leases made by husband and wife of wife's lands.]—Where the lease is made by husband and wife of lands of which the husband and wife are seised in her right, the rent should be made payable to the husband and wife, and to the heirs of the wife: (see the form 1 Con. Prec., Part III., Section II., No. XII., clause 5, p. 520, 2nd edit.)

As to leases by tenants in tail.]—If the lease is made by tenant in tail, the reservation should be to the lessor and the heirs in tail, accordingly as the entail is limited; as, to the "lessor and the heirs of his body," or "the heirs male of his body," as the case may be: (see the form 1 Con. Prec., Part III., Section II., No. XII., in notis, pp. 520, 521, 2nd edit.)

Where the lease is granted by tenant for life and reversioner.]-In leases granted by tenant for life and reversioner, the reservation of the rent should be made to the tenant for life and his assigns, during his life, and after his decease to the person or persons for the time being entitled to the premises in reversion immediately expectant on the determination of the term thereby demised: (see the form 1 Con. Prec., Part III., Section II., No. XIII., clause 4, p. 523, 2nd edit.)

As to the reservation of a proportionate amount of the rent where the lease determines before the time of payment of rent arrives.]-If, as is usually intended, the lessor is to receive a proportionate part of the rent in case the lease is determined by the lessor entering for any breach of covenant, or any other sufficient cause for avoiding the term in pursuance of any stipulation or proviso to that effect contained in the lease, an additional reddendum will in such case become requisite (see the form 1 Con. Prec., Part III., Section II., No. I., clause 5, p. 469, 2nd edit.), otherwise, it seems, the lessor will lose his remedy for enforcing such payment; for his entry for the forfeiture before the time of payment of the rent arrived would be a waiver of the rent, and the acceptance of the rent would be a waiver of the forfeiture; nor, it seems, has the Apportionment Act (4 & 5 Will. 4, c. 22) made any alteration in the law in this respect: (see the form of reddendum of proportionate part of rent, 1 Con. Prec., Part III., Section II., No. I., clause 5, p. 469, 2nd edit.)

How reddendum should be penned where lands and goods are let at one entire rent.]—Where lands and goods are let at one entire rent, the whole rent will be considered as issuing out of the lands, and become transmissible accordingly (Bird v. Higgonson, 6 Ad. & Ell. 824); consequently, although the goods themselves would devolve upon the lessor's personal representatives in case of his decease during the term, the heir, if the lands were freehold, would be entitled to receive the whole rents, and the parties entitled to the goods would derive no benefit whatever from them during the continuance of the term. To prevent this consequence, the best mode seems to be to have two distinct reddendum clauses; one to the lessor, his heirs and assigns, in respect of the lands, and the other to the lessor, his executors, administrators and assigns, in respect of the goods: (see the forms 1 Con. Prec., Part III., Section II., No. III., clauses 5 and 6, pp. 481, 482, 2nd edit.)

Time of payment should always be expressed.]-To prevent doubt, the time of the first quarterly payment or half-yearly payment should always be expressed; but whether the day be near or remote is immaterial in point of law (3 Bulstr. 329), except in the case of reservations under powers particularly worded, or under enabling statutes: (see 2 Platt on Leases, 114.)

As to the reservation of penal rents.]-Where any penal rents are reserved for ploughing up ancient meadow lands, carrying on prohibited trades upon the demised premises, or any other matter the lease intends to prohibit, the rents should be reserved as such, and payable in the same manner as the other rents reserved by the lease, and not in the nature of a penalty; because neither courts of law or equity will relieve against penal rents reserved in that form, although it is the daily practice for courts of equity to relieve against penalties, and for courts of law to award less damages than the penalties amount to: (see the form of reservations of this kind, 1 Con. Prec., Part III., Section II., No. IV., clause A., in notis, p. 488, 2nd edit.; id. ib. No. XV., clause D., in notis, p. 532.)

As to corn rents.]-In some agricultural leases the amount of reserved rents is made to vary according to the average price of corn; the render of which is sometimes made in money, and at others in kind: (see the forms 1 Con. Prec., Part III., Section II., No. XVII., clauses A. and B., in notis,

pp. 545, 546, 2nd edit.) In some instances, also, one amount of rent is made payable in time of peace, to be augmented in time of war: (see forms of reservations of this kind, 2 Platt on Leases, appendix, p. 607.)

VI. COVENANTS.

Covenants should be made to run with the land.]—It is important that the covenants in a lease should be made to run with the land, for then an assignee of the term will become personally liable under them; but covenants can only be made to run with the land when entered into by parties having the legal estate in the premises. Whenever, therefore, a lease is made by mortgagee and mortgagor, although the concurrence of the both is, as we have before remarked, essential to the validity of the lease, still the covenants for the payment of rents and taxes, and to keep and leave the premises in repair, must be entered into with the mortgagee only, for he alone has the legal estate in the premises, and if the mortgagor were to be made the covenanting party, the covenants would thereby become mere covenants in gross: (Smith v. Pocklington, 6 Scott. 69.) For the same reason, also, the covenants for quiet enjoyment by the lessee must be entered into with him by the mortgagee, and not by the mortgagor: (see forms and practical suggestions thereupon, 1 Con. Prec., Part III., Section II., No. IX., clauses 9 and 10 and note (b), in notis, p. 513, 2nd edit.)

As to leases of dwelling-houses.]-The covenants which are commonly inserted in leases of dwelling-houses on the part of the tenant are, for payment of the rent and taxes, to keep and leave the interior of the premises in repair, and to deliver up possession at the end of the term; the landlord covenants to repair the exterior of the premises, and that the lessee shall have peaceable enjoyment of them during the term, and also to insure the premises against damage by fire all these, with the exception of the covenant to insure against fire, are what are termed usual covenants; but the latter will not be included under that term, and therefore the charges for effecting or keeping up a policy of this kind cannot be enforced on the lessee, unless he enters into an express covenant for that purpose, and such covenant the lessor cannot compel him to enter into, unless he has previously bound himself to do so by an express contract to that effect.

Covenant for payment of rent.]—A covenant for payment

of rent, although implied from the word "yielding and paying," contained in the reddendum clause, is almost invariably inserted in every modern lease. It ought to correspond with the habendum, but this may be done very briefly, the lessee merely covenanting to pay "the said yearly rent at the several days and times aforesaid:" (see the form 1 Con. Prec., Part III., Section II., No. I., clause 6, p. 470.) When, however, the rent is reserved otherwise than yearly, half-yearly, or quarterly, the particular times of payment are generally repeated in this covenant; as, for example, if the rent is reserved payable monthly, the covenant would be to pay "the yearly rent of (stating the annual amount) by twelve equal monthly payments, at the several times herein before appointed for payment thereof:" (see the form 1 Con. Prec., Part III., Section II., No. II., clause 5, p. 477, 2nd edit.)

Where a house and the furniture are let together.]—If a house and furniture are let together, although, as we have before noticed, the lease should contain two reddendum clauses, reserving two distinct rents, one for the house and the other for the furniture, still, one covenant for the payment of the rent will be sufficient to embrace the both, and be in strict accordance with both reservations. By this the lessee covenants to pay unto the lessor, his heirs, executors, administrators or assigns, the yearly rents thereby reserved, according to the respective natures and qualities of the premises in respect of which the same are made payable, on the days and times thereinbefore appointed for the payment thereof: (see the form 1 Con. Prec., Part III., Section II., No. III., clause 7, p. 482, 2nd edit.)

Where additional rent is to be paid in case the lessee commits certain acts.]—But where additional rent is to be paid by the lessee in case he commits certain acts which it is the object of the lease to prohibit, such as ploughing up old meadow land, or carrying on certain trades on the demised premises, then a distinct covenant should be inserted to pay such additional rent in case the lessee shall do any of the acts whereupon the same shall become payable: (see form of covenant to this effect, 1 Con. Prec., Part III., Sect. II., No. XV., clause E. in notis, p. 533, 2nd edit.) In cases also where the rent is reserved, or made payable in any unusual manner, as in the case of leases granted by husband and wife of the wife's lands under the provisions of the statute 33 Hen. 8, c. 28, in which case the usual practice

is to reserve the rent to the husband and wife, and to the heirs of the wife, the covenant for payment of such rent should be with the husband and wife, and the heirs of the wife, to pay the rent to the husband and wife, and to the heirs of the wife, at the respective times therein before appointed for the payment thereof: (see the form 1 Con. Prec., Part III., Section II., No. XII., clause 6, p. 520, 2nd edit.) If the lease is by tenant for life and reversioner, the covenant should be to pay the rent to the tenant for life and his assigns during his life, and, in case of his decease during the continuance of the term, then to pay the same to the reversioner for all the residue of such term: (see the form 1 Con. Prec., Part III., Section II., No. XIV., clause 5, p. 526, 2nd edit.)

Where a surety concurs.]—Where a surety is a concurring party with the lessee for the purpose of joining in the covenants, the covenant should be a joint and several one that they, or one of them, will pay the rent on the several days and times therein appointed for payment thereof: (see the form 1 Con. Prec., Part III., Section II., No. II. in notis, p. 476.)

Rates and taxes.]-We have already pointed ont the propriety of the landlord and tenant coming to a distinct understanding as to the mode in which rates, taxes, and all other outgoings are to be discharged (ante, p. 490), the terms of which ought to be set out in the contract, and the covenant relating to those matters should be framed in strict accordance with such contract. We have also noticed that the tenant cannot exonerate his landlord from the payment of income and property tax in respect of the demised premises: (ante, p. 492.) Whenever, therefore, it is intended that all the other taxes are to be discharged by the lessee, it will be the more correct plan, when penning the above clause, to make an express exception of the landlord's property or income tax (see the form 1 Con. Prec., Part III., Section II., No. I., clause 7, p. 471, 2nd edit.), although this is rather matter of form than of actual importance, as it has been decided over and over again that an express covenant for payment of rent clear of all taxes, whether parliamentary or parochial, will be construed to refer to such taxes as a tenant may lawfully covenant to pay in exoneration of his landlord: (Readshaw v. Balders, 4 Taunt. 57.)

Where rates or taxes are to be paid by the lessor.]—