FREC. XI. and days appointed for public thanksgiving or prayer exUse of con- cepted): AND the use of the water-closets, lavatories, and veniences. conveniences on the floor of the sd premes: To HOLD Habendum the sd premes hby demised UNTO the lessees, as joint tenants as pt of their co-ptnship este, from the to lessees. Lessees' covenants. for the term of day of years, Reservation of rent payable half-yearly, p. 623: AND THE LESSEES do hby for themselves, and their assigns, and as a separate covenant each of them doth hby for himself, and his assigns, covenant with the lessor, that they, the lessees, will, &c., for payment of rent, p. 626; to paint, &c., the inside of premises, substituting in this clause and subsequently, for "lessee," "lessees," p. 627; to keep the inside of premises in repair, p. 628; to deliver up in such good repair at end of tenancy with fixtures, p. 630; to permit lessor to enter and view, and to repair on notice, p. 630; not to make any alteration in premises, p. 635; to use as offices only, p. 637: AND ALSO will not allow clerks or servants to use water-closets, lavaveniences. tories, or conveniences, appropriated to the use of principals: Not to assign or underlet without license, p. 638; proviso for re-entry, p. 643. AND THE LESSOR doth hby for covenants. himself and his assigns, covenant with the lessees, to pay rates and taxes, p. 627; to keep in repair, p. 641, form iv. ; to insure and rebuild in case of fire, p. 641; for quiet enjoyment, p. 641. Not to allow clerks to use con Lessor's IN WITNESS, &c. PREC. XII. Parties. XII. AGREEMENT for a BUILDING LEASE. The existing BUILDINGS to be pulled down and others erected (a). AGREEMT made, &c., BETWEEN A., of, &c., lessor, hinafter called the lessor, which expression shall include (a) See agreement for building a house, ante, p. 7, and the forms at p. 398, et seq. the pson or psons for the time being entled to receive the PREC. XII. rent payable hereunder where the context so requires or admits, of the one pt, and B., lessee, hinafter called the tenant, which expression shall include his exs, ads, and assigns, where the context, &c., of the other pt. to let. 1. IN CONSON of the rent and agreemts on the pt of the Agreement tenant hinafter reserved and contd, the lessor hby agrees to grant to the tenant, or to such pson or psons as he shall direct, at the time, and in the mner and subjt as hinafter mentd, a lease of ALL THAT piece of ground on which a mes- Parcels. suage and buildings are now erected, situate, &c., and with the admeasuremts and abuttals delineated in the plan, &c., Togr with the messuage and buildings to be erected thereon as hinafter provd, and the appurts thof FOR THE term of Term years, to be computed from the day of AT and Rent. THE yearly rent for the first year of such term of £- and erect 2. THE TENANT shall at his own cost with all reasble Tenant to pull down speed, pull down and remove the messuage, buildings, existing and erections now standing and being upon the sd piece of buildings ground, and erect and build thereon in a substantial and new ones. workmanlike mner with the best materials of their several kinds, and in conformity in every respect with plans, elevations, sections, and spceifications already approved of and signed by the surveyor for the time being of the lessors, and under the inspection and to the satisfon of such surveyor, one messuage of the first-rate class of building with all proper and suitable outbuildings, offices, conveniences, and appurts, and shall expend in building such messuage and premes not less than the sum of £the sd messuage (b) A full form of lease should be given in preference to an epitome of the covenants and clauses, as the latter is likely to lead to disputes, and is less protective to the lessor. PREC. XII. to be built and covered in on or before the ——— day of and to be completely finished fit for habitation on or before the day of and shall not at any time during the term hby agrd to be granted erect or build or permit to be erected or built upon any pt of the sd piece of ground hby agrd to be demised any messuage, building, or erection, not conformable to the plans and elevations previously approved and signed by the sd surveyor, nor make any alteration in the external elevation of the sd messuage, buildings, and erections, without the previous consent in writing of the lessor. Old ma terials to belong to tenant. Tenant not to create nuisance. Lessor may enter and view. Tenant not 3. ALL THE materials of the sd messuage, buildings, and erections which are to be pulled down and removed as afsd shall become the absolute ppty of the tenant. 4. THE TENANT shall not during the progress of the works or afterwards create or allow any unnecessary nuisance upon the sd premes. 5. THE LESSOR or his agent may at all reasble times enter upon the sd premes and view the state and progress of the sd buildings and works and the materials used and intended for use therein. 6. THE TENANT shall not assign, sub-let or part with the to assign. benefit of this agreemt without the previous consent in writing of the lessor. Power of re-entry. 7. PROVD ALWAYS that in case the sd messuage and premes hby agrd to be erected shall not be erected and covered in and completely finished and made fit for habitation within the respive periods hinbefore limited for such respive pposes according to the stipulations hinbefore contd [in which respect time shall be of the essence of this agreemt], or in case of any breach of any of the agreemts or stipulations herein contd and on the pt of the tenant to be performed or observed, [or in case any event shall happen upon which the lessor would be entled to re-enter upon the sd premes if the sd lease had been actually executed by virtue of the provo for re-entry to be therein contd,] then and in any such case this agreemt shall, at the option of the lessor, cease and determine, and the lessor PREC. XIL may re-enter upon and take possion of the sd piece of ground and premes togr with all buildings and erections, materials, plant (c), and things thereon without making to the tenant any compensation or allowance for the same. lessors to comple 8. PROVD ALSO that in case any such default as afsd shall Option to be made in erecting, covering in, or completing the sd extend messuage and premes within the respive periods afsd, and time for the lessor shall elect to enforce the specific performance of tion. this agreemt, he shall be entled to fix such extended period or periods for the erecting, covering in, and completing respively of the sd messuage and premes as he shall think fit, and in such case this agreemt shall be read and construed as if the period or periods so fixed had been originally inserted herein instead of the period or periods hinbefore fixed in that behalf. be exe tion. 9. THE SD LEASE shall be granted and the tenant shall Lease to accept the same and execute a counterpart thof when and so soon as the sd messuage shall have been completely complefinished and made fit for habitation, and the other works hinbefore agrd to be executed by the tenant shall have been executed in accordance with the stipulations hinbefore contd, such lease and counterpart to be prepared by the solor of the lessor at the expense of the tenant, who shall not require any abstract or evidence of the title of the lessor (d). cution of pay rent 10. UNTIL SUCH lease shall be granted the rent agrd to Until exc. be reserved thby, and all rates and taxes to become payable lease, in respect of the sd piece of ground and premes, shall be tenant to paid by the tenant, and all covenants and agreemts on his and perform cove pt agrd to be contd in such lease shall so far as the same shall be applicable be performed by the tenant as though such lease had been actually granted, and the lessor shall at (c) See note, p. 14. The Bills of Sale Act Amendment Act, 1882, doe not seem to affect this. (d) See p. 657, note. (e) See Marquis of Camden v. Batterbury, 5 C. B. N. S. 808; Adams Haygar, 4 Q. B. D. 480. VOL. I. X X nants (e,. PREC. XII. his option have and be entled to all such remedies by Provision for death distress, action, and otherwise, for recovering rent in arrear, and for breach of any of the covenants or agreemts on the pt of the tenant, as if the sd lease had been granted. [11. IN CASE the tenant shall die before the sd messuage of tenant. shall have been completely finished and made fit for habitation, and the other works hinbefore mentd shall have been executed according to the stipulations hinbefore contd, the lessor shall be entled at his option either to require this agreemt to be performed by the exs or ads of the tenant, or to determine this agreemt by giving a notice in writing in that behalf to such exs or ads, and in case he shall elect to determine the same he shall pay to the exs or ads of the tenant the amount which shall be certified by the sd surveyor to have been properly expended by the tenant in or about the building of the sd messuage and the execution of the other works afsd after deducting the value of the old materials.] Costs. 12. THE COSTS of and incidental to the preparation and execution in duplicate of this agreemt, and of the sd lease and a counterpart thof, shall be borne and paid by the tenant. IN WITNESS, &c. The Schedule above referred to. Form of Lease. XIII. PREC. XIII. AGREEMENT for BUILDING LEASES with VARIATIONS, and OPTION to Lessee to PURCHASE the freehold (a). Parties. AGREEMT made this day of BETWEEN A. of, &c., hinafter called the lessor, which expression shall, &c., Variations. (a) The following clauses may be substituted for some of those in the text |