duplicate to be executed on the same occasion, one for possession of either of the parties.

1298. Lessee Bound to Produce.-If only one copy of a lease be executed, or if no copy of a lease be provided, the lessee is bound, any time during the term, to produce the lease, and to permit the lessor to make a copy of it whenever he pleases; yet,

1299. Demand and Notice Necessary.-Upon a trial arising out of the terms of a lease, the lessee successfully resisted production of the lease in court, on the ground that he had not had notice to produce it.

USUAL COVENANTS.

"

1300. Sometimes a lease is granted, or an agreement for a lease signed, subject to "fair and usual covenants," or with all usual and reasonable covenants commonly inserted in leases of the same nature," and such like vague provisions; but,

1301. Doubtful Expressions.-Parties to a lease, or to an agreement for a lease, should firmly refuse assent to any expressions about which there can be reasonable doubt; for,

1302. Legal Consequences.—A majority of law cases arising out of leases, have been in consequence of the vague or uncertain meaning of such expressions as have been open to various interpretations.

STATUTORY COVENANTS.

1303. The covenants suggested by the Act (1292) apply more particularly to the letting of private houses; and

1304. Favour of Lessors.-In the provisions to which the authors of the Act on leases (1287) directed their attention, there is an evident leaning towards strengthening the lessor and burdening the lessee; so that,

1305. Lessee's Interest.—In assenting to the form prescribed by the Act, the lessee should take care to have such covenants omitted as are manifestly strained to bind him more than ordinarily; for, 1306. Statutory Covenants not Essential.—Any or all of the covenants provided by the Act, may be omitted and others substituted for them to any extent; for,

COMMON COVENANTS.

1307. Covenants of leases, in addition to those included in the schedule to the Act (1292), are usual, and are sanctioned by law, as suggested by the following various instances :

1308. As to restrictions or permissions respecting mining ; 1309. As to mode of cultivation of farms;

1310. As to building in case of building leases;

1311. For the mode of carrying on the business of an inn;

1312. To bind the lessee of a public house to buy all his beer of the lessor; or,

1313. To bind the lessee (being a baker or other tradesman) to buy all his flour or other requisite from the lessor.

CARE ESSENTIAL.

1314. The schedule to the Act on leases is very suggestive of extreme care in entering into covenants; so that,

1315. Examination of Draft.-Persons proposing to become lessees should insist upon seeing a draft of the lease, and upon possession of it for inspection, some time previously to the necessary execution thereof; for,

1316. Urgency of Time.-It is a common thing for the execution of a lease to be purposely deferred by the agent of the lessor, so that the lessee, being pressed for time, and urgently desiring immediate possession, is driven at the last moment into assenting to objectionable covenants, rather than sacrifice the time necessary to prepare another document.

COVENANTS TO REPAIR.

1317. A covenant to repair (No. 3 in the schedule), is of itself sufficient to bind the lessee to rebuild in case of fire or any other accident, unless there is a proviso excepting "fire, storm, or any other unavoidable contingency," which will exonerate the lessee, but will not of itself bind the lessor to restore.

1318. No Release from Rent.—In case of a house or other building becoming unfit for occupation through fire or other accident, the lessee, whether he has covenanted to restore or not, will be required to continue paying the rent, unless there is a proviso to the contrary. 1319. Destruction of a Wharf.-A striking case is recorded of a wharf, which was carried away by an extraordinary flood, and the lessee applied to the court to be relieved from further payment of rent; but his application was refused; and

FIRE.

1320. It has been long since decided that there is no defence to ar action at law for rent after the demolition of the premises by a fire, and, though such a conclusion has been from time to time resisted, the dictum has been confirmed by repeated decisions; while, on the other hand,

1321. Immunity of Lessor.-Though a lessor can claim rent after a fire, he is not bound to rebuild, in the absence of a covenant, even though he may have covered his loss by insurance; but,

1322. Divided Responsibility.It is fair and usual, though not suggested in the Act, for the lessee to undertake internal repairs, and the lessor external repairs and maintenance; and

1323. Lessor Bound by Undertakings.-When the lessor undertakes maintenance, the non-performance of the covenant will bar rent, until any serious mischief from fire or other accident is repaired; but,

1324. Limitation of Responsibility. In the absence of any covenant, expressly to that effect, the lessor is not bound, under a covenant merely to maintain, to restore after a fire or other casualty; so that,

1325. Both Sufferers Helpless.-Unless the terms of the lease expressly provide for such a contingency as a fire, the lessor may be deprived of his house, and the lessee of his occupation, without remedy on either side; for,

1326. Both Parties Damnified."—An important decision has settled the point, that if leased premises are destroyed by any accident, "both parties are damnified," the lessee during the lease, and the lessor after its expiration, and that there is no equity in throwing the burden upon either one of the parties whose loss is, at any rate, equal to that of the other.

RESTRAINT OF TRADE.

1327. Perhaps the most important covenant that can be included in a lease, is one restraining a trade or business (No. 8 in the schedule).

1328. The Word "Business."—If a covenant be intended to provide against the exercise of any trade or business, and the word business be omitted, the word trade will not be interpreted to exclude a business; for,

1329. Important Distinction.-Though every business is not a trade, every trade is a business.

1330. Unsuccessful Evasion.-A remarkable case arose out of a covenant which provided that the premises should not be used as a shop, nor have any mark or show of business thereon, nor be used or exercised, or suffered to be used or exercised, in any trade or business thereon, and the lessee established a school, relying upon his abstention from any notice that he was carrying on the business of a schoolmaster, but the court declared that the business in question was likely to create as much annoyance to the neighbour.

hood as could be predicated of almost any business, and that the exhibition of the boys might be said somewhat to resemble a show of business.

1331. Brewing Restriction.—It has been decided that a covenant not to carry on the trade of a common brewer or retailer of beer is no restriction upon carrying on the business of a retail brewer only. 1332. Coal Dealing.-A curious case arose out of a covenant that the lessee should not sell coals on the premises, nor let any part of the premises to a seller of coals: he thought to evade the covenant by letting the whole of the premises to a seller of coals, but he was defeated.

1333. Noisome Trades.—Covenants in general terms not to carry on any noisome or offensive business, are interpreted in accordance with circumstances.

1334. Liberal Interpretations.—Where a noisome business of any kind is commonly carried on in any neighbourhood, the expression "noisome business" will not exclude that particular business unless it be expressly named.

1335. Coachmakers.—A decision has settled that the trade of a coachmaker is not an offensive one.

1336. Public House.-Opening a public house has been decided to be allowable where a covenant had merely objected to any business likely to become offensive or an annoyance or disturbance to the neighbourhood.

1337. Vain Elaboration.-A covenant prohibited the trades or businesses of a butcher, baker, slaughterman, melter of tallow, tallow chandler, tobacco pipe maker, tobacco pipe burner, soap maker, sugar baker, fellmonger, dyer, distiller, victualler, vintner, tavern keeper, or coffee-house keeper, tanner, common brewer, or any offensive trade; in defiance of which the lessee turned the premises into a private lunatic asylum, which was admitted to be offensive, but not a trade, and as the word "business" was omitted from the last passage of the covenant, the lessor and the neighbours had to submit; such an instance clearly proves that

1338. Deceptive Enumerations.-A list of trades, or businesses, however long or laboriously devised, cannot be made to include every contingency; therefore,

1339. Universal Clause.-It is better in all covenants intended to prevent objectionable uses, to omit mention of any particular trade, but to write that the premises shall not be used for "any trade, business, or purpose whatever, without the consent in writing of the lessor;" because,

PERMISSIVE COVENANTS.

1340. In addition to a restrictive covenant a permissive covenant may be introduced into a lease, expressly permitting any trade or business agreed upon, to the exclusion of all others; on the other hand,

NUGATORY COVENANTS.

1341. A covenant by a lessee that he will continue to carry on any specified business is of no effect; for,

1342. Public House Case.-Where a lessee of a public house covenanted to carry on the business, for the sake of maintaining the value of the house, and he ceased to carry on the business, an injunction to compel him to resume was dissolved.

IMPORTANCE OF POSSESSION.

1343. The mere execution of a lease, though it binds the lessee to pay rent and observe covenants, does not give the lessee an estate, until he has had possession duly delivered to him ; but,

RIGHT TO POSSESSION.

1344. The lessor, who has duly executed a lease, can be compelled by regular process of law to give up possession to the lessee as soon as the term has commenced.

INVARIABLE POWER TO WILL LEASES.

1345. Under any circumstances a lease can be effectually bequeathed by will, by any person possessing an actual estate therein; but,

RESTRICTION OF SALE.

1346. Sometimes it is covenanted that a lease shall not be sold (No. 9 in the schedule), and such a covenant is binding; though, 1347. Unreasonableness.—The very nature of property in a lease is partially destroyed by a covenant not to sell, and the lessee should, if possible, resist any such restriction; for,

1348. Depreciation of Value.-Though security of tenure is gained for the term of a lease, yet a covenant not to sell or assign deprives the lease of so much value, as to make it worth while to consider a readjustment of the rent in lieu of any such covenant; on the other hand,

1349. Need for Specific Covenants.—If the nature of the premises or the trade which is carried on therein is such that a covenant not to assign is desirable for the security of the lessor, he must take care to reserve such covenant in specific terms; for, though,