coats of good oil paint once at least in every three years of the sd term.

erect other

make al

in pre

mises, &c.

XXVIII. AND also will not at any time during the sd term Not to without the consent in writing of the lessor first obtained buildings. erect or place any additional building or erection on any pt of the demised premes [other than a stable and coach-house, entrance-lodge, gardener's cottage, greenhouses and summerhouses, or other similar out-buildings suitable for the convenience of the occupiers of, and to be used as appurtenant to, the sd messuage hby demised, and for no other ppose]. XXIX. AND also will not at any time during the sd term, without the licence in writing of the lessor first obtained Not to erect any new buildings on the premes hby demised [except terations as afsd] or make any alteration or addition whatsoever in or to the sd messuages and premes hby demised or any buildings which may be erected on the sd premes [psuant to the provons hinbefore contd, or] with such licence as afsd, either externally or internally, [or, make any alteration in the plan, external construction, height, roof, walls, timbers, elevation, architectural appearance, or decorations of the sd messuage and premes, or any buildings, &c., as above, nor build or set up any erection or projection of any kind in the garden or yard in the front or rear of the sd messuage or on any pt of the sd premes which shall destroy or interfere with the uniformity of the sd premes with the adjoining houses, or which may in any way obstruct or lessen the access of light or air to or interrupt the view from the adjoining houses or buildings], [and that, in case at any time during the sd term there shall be occasion to rebuild the sd messuage and buildings, or any pt thof, whether by reason of destruction. by fire or through decay, or from any other cause, the same shall be rebuilt according to the original plan and elevations thof, or according to such other plan as shall be previously approved of in writing by the lessor, and not otherwise].

lessor's ap

XXX. AND also, before making any alterations in the sd To obtain messuage, or the outbuildings thof, or erecting any other proval bebuildings on the sd demised premes or any pt thof, will fore alter

ing premises.

Not to cut

main walls.

Not to commit waste.

Not to use premises for trade,

&c.

To use as private dwelling house only (a).

obtain the approval in writing of the lessor to the plans and specifications of such intd alterations or buildings, and make or erect the same in such mner as shall be so approved.

XXXI. AND also will not at any time cut, maim, or remove the main walls or timbers of the sd premes, unless for the ppose of supplying and making good any defect therein, which shall be supplied and made good accordingly.

XXXII. AND also will not at any time during the sd term without the consent in writing of the lessor, cut down or destroy any timber or timberlike trees now or hereafter standing or growing on the sd premes, or open, work, or dig for any mines, minerals, quarries, clay, gravel, or sand, in, upon, or under the same, but will to the utmost of his power keep the sd timber and trees in good preservation, and the sd mines, minerals, quarries, &c., unopened and unworked.

XXXIII. AND also will not use the sd premes, or permit the same to be used for the pposes of any business, trade, or manufacture of any description [or for burning bricks, clay, or refuse, or for putting out clothing or other articles to dry or bleach], or as an asylum for lunatics or idiots, hospital, or other charitable institution, or by any public body or society, or for any school, or teaching of music, or as a tea-gardens, or hotel, or tavern, or for the sale of beer, wine, or spirits, and will not exhibit or permit in, upon, or about the sd premes any bill or placard intimating or giving notice that a pt of the sd premes (less than the whole) is to let furnished or unfurnished, nor put up, or permit, in or upon any pt of the sd premes, any bill, notice, door-plate, or advertisemt whatsoever, nor at any time have or permit any sale by auction, exhibition, or public meeting, to be held in or upon the sd premes without the consent in writing of the lessor.

XXXIV. AND also will use and Occupy the sd messuage as a private dwelling-house only [and the sd coach-house and

(a) See German v. Chapman, 7 Ch. D. 271; see other forms, p. 401, et seq.

stable as a private coach-house and stable, and the rooms over the same for the lodging of servants or others in the employmt of the lessee], and for no other ppose.

To use as

offices only.

XXXV. AND also will not use or occupy the sd premes, or permit the same to be used or occupied otherwise than as offices, or for any ppose, or in any mner inconsistent with such user or occupation, nor so as to be a nuisance, annoyance, or damage to the owners or occupiers of the other offices or rooms in the same house, or the adjoining houses. XXXVI. AND also will not carry on or permit upon the Not to sd premes, or any pt thof, any offensive, noisy, or dangerous carry on trade, business, manufacture, or occupation, or any nuisance, trades, &c. (b). nor use the same, nor allow the same to be used for any illegal or immoral ppose, but will use the same as a private dwelling-house, or for carrying on handicrafts or occupations of a quiet and inoffensive nature only.

offensive

ance of the

&c.

Not to stop

dows of

XXXVII. AND also will not do or suffer to be done, in or Not to do upon the sd premes, or any pt thof, any act, or thing, which any act to the damago shall or may be, or become a nuisance (c), damage, annoy- or annoyance, or inconvenience to the lessor, or his tenants, or the lessor, or occupiers of any of the adjoining houses, or the neighbourhood. his tenants, XXXVIII. AND also will not stop up, darken, or obstruct any windows or lights belonging to the sd buildings hby up windemised, or any adjoining buildings belonging to the demised lessor (d), nor permit any new window, light, opening, premises. doorway, path, passage, drain, or other encroachmt or permit new easemt to be made into, against, or upon, the sd premes lights or hby demised, which might be, or grow to the damage, ments in adjoining annoyance or inconvenience of the lessor (d). And in case tenements. any such window, &c., shall be made, or attempted to be made, will give immediate notice thof to the lessor (d), and will at the request and cost of the lessor (d), adopt such means as may be reasonably required or deemed proper for

(b) See also p. 271, form III.

(c) The word "nuisance" in such a covenant means a legal nuisance only, Harrison v. Good, L. R. 11 Eq. 338.

(d) In an underlease, say, "the lessor or the superior landlord."

and not to

Not to as

sign or

underlet without

licence (e).

preventing any such encroachmt, or the acquisition of any such easemt.

XXXIX. AND also will not [at any time during the last years of the sd term hby granted] assign [transfer, underlet, or part with the possion of] the sd premes or any pt thof (otherwise than by will) [or by letting the same with the furniture therein for any term not exceeding one year] without the previous consent in writing of the lessor [but so that such consent shall not be withheld to an assignmt or underletting of the sd premes to a respectable and responsible pson; or, "shall not be unreasonably or arbitrarily [vexatiously] withheld, and so as a premium shall not be Proviso in required to be paid for the giving thof."] [PROVD THAT it shall be lawful for the lessee to take a ptner or ptners in premises. his sd business carried on in the sd demised premes, and also to remove or dispose of any of the engines, machinery, buildings, erections, and other things thereon, for the ppose of replacing or renewing the same, and such act shall not be deemed to be a breach of the covenant lastly hinbefore contd.]

lease of

business

To give lessor no

tice of as

of lease.

To give lessor right

XL. AND also that the lessee will, within three calendar months next after any absolute transfer, assignmt or devolution of his interest under this present lease in the sd demised premes, or any pt thof, give notice in writing of such transfer, assignmt, or devolution, and of the name, quality, and place or places of abode of the transferee or transferees or assignee or assignees to the lessor or his solor, and produce to him the instrumt of such transfer, assignmt, or devolution, and pay to him a fee of £ for the registration of such notice.

XLI. AND also will not assign or underlet the sd premes,

(e) See Dav. Prec., vol. 5, p. 176; Elph., Introd. Conv., 282; West v. Dobb, L. R. 4 Q. B. 634, 5 Q. B. 460; Varley v. Coppard, L. R. 7 C. P. 505; Corporation of Bristol v. Westcott, 12 Ch. D. 461. If the lessor is not to withhold his consent to an assignment, &c., to a responsible person, his consent is not necessary to render such an assignment valid, Hyde v. Warden, 3 Ex. D. 72; as to withholding the consent "arbitrarily," see Treloar v. Bigg, L. R. 9 Ex. 151; Sear v. House Property, &c., Society, 16 Ch. D. 387.

tion in case

or any pt thof, for all or any pt of the sd term, without first of preempmaking proffer for the sale or disposition of his este or of assigninterest therein to the lessor, so as the lessor will give as great ment, &c. a price or conson as any other pson would give for the same.

gas and

in connec

tion with

property.

XLII. AND also that it shall be lawful for the lessor or To permit lessor to any pson or psons by him authorised in that behalf, at any lay down time to enter upon the sd demised premes for the ppose of drains and constructing, laying down, altering, repairing, cleansing, water pipes emptying, or maintaining any sewers, watercourses, cesspools, gutters, drains, waterpipes, [electric wires,] or gas- adjoining pipes, in connection with, or for the accommodation of, any adjoining ppty, doing as little damage as may be to the sd premes hby demised, and restoring the surface of the soil, and everything erected thereon, without any unreasonable delay, but without making compensation for any temporary damage or inconvenience to the lessee, so as no such sewer, &c., shall pass under or through the sd messuage hby demised.

lessor to

and ease

ments.

XLIII. AND that it shall be lawful for the lessor at any To permit time during the sd term to use, erect, rebuild, or alter any obstruct land or buildings adjoining or near to the sd demised lights premes for any ppose and in any mner he may think fit, notwithstanding that the same may obstruct or interfere with any right of light or other easemt for the time being appertaining to or enjoyed with the sd demised premes or any pt thof or any building for the time being thereon.

between

tenants of

XLIV. AND also that, in case at any time during this Disputes demise any dispute shall arise between the lessee and any lessee and other of the tenants of the lessor relating to the premes to other them resply demised, or the walls, lights, drains, easemts, lessor to be rights, or appurtenances belonging thto, or any repairs thto, referred to or nuisance or annoyance arising thfrom, then and in every veyor. such case such dispute (provd the other pty thto shall also have agrd or become bound so to refer the same) shall be referred to the determination and award of the surveyor for the time being of the lessor, which shall be final and binding on the lessee.