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as in last precedent, of the one pt, and B. of, &c., hinafter PREC. XIII • called the tenant, which expression shall, &c., of the other pt.

to demise.

"THE LESSOR hby agrees with the tenant to demise to Agreement him or his nominees at the times and in mner and subjt as hinafter mentd, ALL THAT piece of ground situate, &c., togr Parcels. with the several houses intd to be erected thereon with the appurts thof inclusive [exclusive] of the site of the intd roads, TO HOLD the same UNTO the tenant or his nominees for the Habendum. term of ninety-nine years computed from the day of Paying in respect of the sd piece of ground and premes the several yearly rents or sums following (that is to say) from the date of this agreemt until the or sum of £-, from the of, &c. (increasing yearly till £ respive rents and sums to be paid paymts, &c.

day of

the rent day of, &c., the rent or sum is reached), such by equal quarterly

build

THE TENANT shall build, &c., on the sd piece of ground as Tenant to many private dwelling houses and shops as will produce houses. when leased as hinbefore provd the sd total aggregate rent of £

THE TENANT shall not be entled to require any lease to be Lease granted to him or his nominees until he shall have built and not to be granted roofed in the house or houses intd to be comprised in such before lease, &c.

houses roofed.

rate leases

THE TENANT shall be entled to a separate lease of any one Tenant to or more not exceeding houses hby agrd to be built have sepawith the ground and appurts thto resply belonging at a fair apportioned pt of the sd rents to be approved by the lessor or his surveyor, and to be not more in respect of the house or houses comprised in each lease than one rack-rent value thof when completed, nor less than £on any one lease.

pt of the

IF AND WHEN the tenant shall have taken leases of a When rent sufficient number of houses to secure by the ground rents by some

secured

PREC. XIII.

Tenant may enter

and build.

Tenant to build not less than

1. THE TENANT may enter for the ppose only of building as herein stipulated upon the pieces or plots of ground and hereds shown in the plan hto annexed and therein coloured -, situate in the parish of, and county of, on the north side of a new road called or intd to be called, &c., and containing acres or thereabouts.

2. THE TENANT shall erect, cover in, and complete fit for habitation upon the sd pieces of ground in a good and subhouses. stantial mner, and with the best new materials of every description in accordance with plans, drawings, elevations, and specifications already, or, "to be," approved of by the surveyor of the lessor, and to the reasble satisfon, in all respects, of such surveyor for the time being, not less than houses with proper and suitable offices and outbuildings, vaults, areas, drains, and fences, on the sites and in the positions marked out and indicated by boundary lines coloured in the sd plan, or, "to be approved by the sd surveyor."

Houses to be covered in within certain

dates.

Cost of houses.

leases,

of houses

3. THE SD houses shall be erected and covered in within the times following, namely [ten] thof before the

[blocks in formation]

day

day of
day of

and every house shall be completely finished and ready for calendar months after the time

habitation within

appointed for covering in.

4. THE TENANT shall expend in the erection of each house [in a main road] the sum of £— at least in labour and materials [and of each house in other roads the sum of £ at least, and questions as to which are main roads to be settled by the sd surveyor.]

thby reserved the sd total ultimate annual rent of £ remainder the lessor shall subjt to the provons herein contd, grant to to be let at the tenant or his nominee a lease of the portion (if any) of nominal the sd ground remaining undemised, togr with any house or houses erected thereon at the yearly rent of £1."

rent.

the

day of

the sd piece of ground, coloured

feet, or,

"construct

road.

5. THE TENANT shall also at his own sole expense before PREC. XIII construct and make along the front of Tenant to in the sd plan, to the make a satisfon of the sd surveyor, a proper roadway and pathway of the respive widths of feet and and make the roads shown on the sd plan and thereon coloured with proper sewers thereunder and side junctions where required in accordance with plans and specifications to be approved by the sd surveyor and to his satisfon."

pay share

6. THE TENANT shall repair and maintain, or, "pay and Tenant to contribute a proportionate share of the expense of repairing of expense and maintaining," the main sewers, and the roads and foot- of maintaining pavemts, [and lighting and watering the roads,] until under- roads, &c taken by the parish or other local authorities, [such proportionate pt to be fixed by the sd surveyor, but not to in the pound on the rateable value.]

exceed

7. THE SD houses shall be private dwelling houses only except that the tenant shall be at liberty to erect and no more, and one first-class hotel or tavern.

shops

to cause a

&c.

8. THE TENANT shall not, during the progress of the Tenant not works or afterwards, set up any steam engine, or burn bricks nuisance, or clay or cement, or create or allow other unnecessary any nuisance on the premes, or any pt thof. And no excavation shall be made, except for the ppose of digging foundations or making sewers, and any gravel, chalk, or sand raised or dug up, shall not be disposed of or removed by the tenant, but shall be deposited for the use of the lessor as directed by the sd surveyor.

ance with

9. THE TENANT shall, in building the sd houses and exe- Compli cuting the other works hinbefore mentd, comply in all Building respects with any and every Building Act or other Act Acts. [or, "the byelaws of the Local Board for -" for the time being in force relating to any such matter, and pay and indemnify the lessor against all penalties, claims, and expenses, to be incurred or made by or against either the lessor or tenant under the provons of any such Act.

PREC. XIII.

expend

monies in

repairs.

10. THE TENANT shall within one month after roofing in

Tenant to each house insure the same with the outbuildings thof insure and against fire in the Insurance Office, or in some other insurance office to be approved [appointed] by the lessor to the amount of three-fourths of the value thof in the joint names of the lessor and tenant, or, "in such names as the lessor shall direct," and shall thereafter keep the same so insured and upon request produce to the lessor or his agent the policy and rect for the last premium of every such insurance, and, in case of destruction or damage by fire, shall forthwith lay out the insurance monies, and in case of the deficiency thof shall expend any further sums required in rebuilding and reinstating the same according to the original plan and elevation thof previous to such fire.

Lessor to grant

finished.

11. Power to lessor to enter and inspect buildings, &c., as in last precedent, clause 5 (b), and not to assign as in last precedent, clause 6.

12. WHEN AND as each of the sd houses shall have been leases when built and covered in, [and the fence walls thof, and the area houses are in front thof, and the gutters, stack pipes and drains made and completed,] or, "shall have been completely finished ready for habitation," or, "the sum of £ shall have been expended on each house," in accordance with the stipulations hinbefore contd, [and a certificate to that effect, signed by the sd surveyor, shall have been produced to the lessor], the lessor shall, by one or more deed or deeds, grant to the tenant, or his nominee or nominees, a lease or leases of such respive houses with the ground belonging thto, and the appurts thof, including half the road or roads adjoining each For term. house, or, "but exclusive of the roads," For a term of ninety-nine years from the day of — AT THE yearly rent for each house following (namely), £— ending the day of ending, &c., and £

Reserva

tion of rent.

18-, £

for the year

for the year

per annum for every other year

(b) If the tenant has only a power of entry to erect the buildings and no estate in the land until the leases are granted, this clause is unnecessary.

of the sd term, payable [quarterly] on the
day of
&c., the first paymt to be made on the
day of
And in the meantime, and until the sd respive rents shall
commence, the sd respive leases shall be at the yearly rent
of a peppercorn, and in case more than one house is com-
prised in a lease the lease shall be so framed as to make
each house liable in respect of its own rent and covenants
only.

PREC. XIII.

13. SUCH LEASE shall be in the form, and contain the Form of leases (c). condons and provons set forth in the schedule hto, with such modifications (if any) as the deaths of pties and other circes may render necessary.

not to call

14. THE TENANT shall whenever required by the lessor Tenant accept and execute a counterpart of the lease or leases hby for lessor's agrd to be granted upon the terms herein expd, and shall title (d). not call for the title of the lessor.

tion and

15. THE SD LEASES and counterparts shall be prepared Prepara by the solor of the lessor at the cost of the tenant [such cost costs of not to exceed £ for each lease and counterpart, ex- leases. clusive of stamp duty and plans [and the cost of registration] if one house only be included in the lease, and the further sum of £- for every additional house so included], or, "and all expenses attending the preparation and execution by all pties of this agreemt in duplicate, and of the sd several leases and counterparts shall be borne by the tenant."

leases not

recover

16. UNTIL LEASES shall have been granted of all the land Although hby agrd to be demised, such pt thof as from time to time granted, shall remain undemised, shall as far as circes will admit rent to be be liable and subjt to the same rent and other paymts, able. covenants, restrictions, and provons as the same would be subjt to if a lease thof pursuant to the terms of this agreemt had been actually granted, and the lessor shall have all such rights and powers for the recovery of any arrears of rent or other monies which may be due under this agreemt

(c) See p. 671, note.

(d) See p. 657, note.

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