ther re

from time to time until the term of years from the PRES. XIV commencemt of this present demise shall be run out, and furendeavour to obtain a license to grant a further lease or newals. leases of the sd premes unto the lessee, and will grant such lease or leases accordingly until the whole of the sd term of

to obtain

such re

renewals.

years shall be run out; but in case the lord of the sd On failure manor shall refuse to grant any such license, then that the licenses lessors will, from time to time until the sd term of years shall be run out, grant such further leases of the sd to grant premes unto the lessee, as by the custom of the sd manor newals as they may be warranted in doing without incurring a forfeiture they can. of the sd premes, so as to complete the sd term of years as afsd; all such licenses to be obtained by and at the Costs of expense of the lessors, and every new lease and the counterpart thof to be prepared by the lessors at the expense of the lessee, and to be at the same rent and subjt to the same covenants and condons as are contd in these presents, except the covenant for renewal, but to contain in lieu thof such covenant for renewal as the circes of the case may require: AND THE lessee hby covenants with the lessors, Covenant that the lessee will duly execute and deliver to the lessors by lessee a counterpart of every such new lease.

IN WITNESS, &c. (i)

to execute counterparts.

XV.

LEASE for twenty-one years of a VILLA and Land in PREC. xv.
the COUNTRY, part being FREEHOLD and part COPY-
HOLD. The LICENSE of the LORD of the Manor
Nor having been OBTAINED (a).

PARTIES, A. (hinafter, &c., see p. 619), 1; B. (hinafter

(i) As to the frame of a lease by trustees under a covenant for perpetual renewal, see the cases referred to in p. 642, note.

(u) For variations, see Precedent VIII., P. 663.

Witnesseth.

Habendum

for freeholds to lessee

for twenty

For copy

holds to

lessee for one year.

Covenant

PREC. XV. &c.), 2. WITNETH, demise to the lessee of freeholds and copyholds: TO HOLD all such pts of the sd premes as are of freehd tenure, UNTO the lessee, for the term of twentyone years from the date of these presents: AND TO HOLD all such pts of the sd premes as are of copyhd tenure, UNTO the lessee, for the term of one whole year from the date of these one years. presents (b). Reservation of rents, p. 623. The covenants by the lessee will be the same as in Precedent VIII. with the following variations; in the covenant to paint the outside say "of the sd house, stables, and outbuildings," in the corenant to keep in repair, add after the words, "walls, fences," the words," posts, pales, rails; " add also covenant to maintain garden and pleasure grounds, p. 629; if necessary, covenants as to cultivation, &c., of arable or meadow land (if any) see LEASES (AGRICULTURAL); not to commit waste, p. 636; [not to burn bricks, &c.]; Power of re-entry, p. 643 ; Lessor's covenant for quiet enjoyment, p. 641: AND ALSO will for renewal at the expiration of the term of one year, for which the sd of copyhold copyhd premes are demised, if this demise shall not have been determined under the power of re-entry hinbefore contd, at the request and cost of the lessee, by deed grant, if the license of the lord or lady of the sd manor can be obtained, a lease of the sd copyhd premes for a term expiring on the day of, the end of the twenty-one years, but if such license cannot be obtained, then, if and so far as the custom of the sd manor will admit, a further lease of the sd copyhd premes for the term of one year, and so on at the expiration of every year until the day ofi.e., one year before the expiration of the term of twenty-one years, unless these presents shall have been sooner determined by re-entry under the power in that behalf hinbefore contd, and every such lease shall operate in such mner that the whole of the sd premes hby demised shall be held under and subjt to the same rent, covenants, and condons as are hby and herein re

by lessor

lease.

(b) A copyholder cannot in most manors grant a lease for more than one year without license from the lord.

served and contd so far as the same shall be applicable. And PREC. XV. the lessee shall execute a counterpart of every such lease.

IN WITNESS, &c.

XVI.

AGREEMENT for LEASE of a PUBLIC HOUSE. A PREC. XVI
PREMIUM being paid by the LESSEE, and secured by

MORTGAGE.

PARTIES, A. of, &c., hinafter called the lessor, 1: B. of,

&c., hinafter called the lessee, 2.

WHBY IT IS AGRD as follows:

1. THE LESSOR shall grant and the lessee shall take a Agreement lease of ALL THAT public-house or tavern known as

with the back yard belonging thto, situate at, &c., togr with the fixtures, fittings, utensils, and things now in or upon the same, from the

day of

years, AT THE yearly rent of £usual quarter-days, the first paymt in conson of the premium of £ hinafter mentd.

FOR THE term of payable quarterly on the to be made on, &c., AND payable by the lessee as

for lease.

2. THE LESSOR hby acknowledges the rect from the lessee Payment of by way of deposit of £pt of the sd premium, and £

day of

further pt of the sd premium shall be paid by the lessee to
the lessor on the
and £- the residue
thof shall be secured to the lessor by a mtge of the sd lease
and the trade and other fixtures and fittings, and all the
stock-in-trade, utensils and effects (c) which shall at any
time during the continuance of the sd mtge be in or upon
the demised premes.

premium

3. THE SD LEASE and a counterpart thof to be executed by Lease. the lessee, and the sd mtge shall be prepared by Mr.

(c) As to this, see the Bills of Sale Acts, 1878 & 1882; post, MORTGAGES

PREC. XVI. of, the solor of the lessor and shall be in the forms usually adopted by the lessor for such respive instrumts, with such variations as the case may require. The lessee shall pay the costs [not exceeding £ exclusive of stamp duty] of and incident to this agreemt and the sd lease and counterpart and mtge.

Enquiries

as to

solvency of lessee.

Forfeiture

on non

performance of

agreement.

of

4. THE LESSOR shall forthwith make enquiries into the character and solvency of the lessee who hby names Mr. — of, and Mr. as his references. If the result of such enquiries shall in the opinion of the lessor be unsatisfactory, he shall be at liberty to rescind this agreemt and thereupon shall return to the lessee the sd deposit after deducting £ for expenses.

5. IF THE LESSEE fail to perform this agreemt he shall forfeit to the lessor the sd deposit, and shall also pay to the lessor the sum of £ as liquidated damages.

IN WITNESS, &c.

PREC. XVII.

Witnesseth.

Demise.

Parcels.

XVII.

LEASE of a PUBLIC HOUSE by a firm of BREWERS.
A PREMIUM being paid by the LESSEE.

PARTIES, A. and B., trading under the name or firm of &c. (hinafter called the lessors, which expression, &c., see p. 619), 1; C., licensed victualler (hinafter called the lessee, which expression, &c.), 2: WITNETH that in conson, as well of the sum of £ on the execution hereof paid by the lessee to the lessors (the rect whof is hby acknowledged), as also of the rents, covenants, and condons, &c., the lessors do, and each of them doth, hby demise unto the lessee, ALL THAT messuage or tavern, with the outbuildings, yard, and appurts thto belonging, called The, situate, &c., TOGR WITH the fixtures and fittings specified in the schedule hereunder written; habendum, p. 623; reservation of rent, p.

for selling liquors not any supplied by lessors (a).

623. AND ALSO, insurance rent, mutatis mutandis, p. 625. PREC. XVII. AND ALSO as a further rent the sum of £ in any and Penal rent every year in which the lessee shall (contrary to his covenant hinafter contd) directly or indirectly deal with pson or psons other than the lessors, or their successors in business [or nominees] for any porter, stout, ale, beer, or other malt liquors, [British and foreign spirituous liquors, cordials and compounds of every description] which shall be sold or disposed of or consumed in or upon the sd demised premes, or shall be brought upon the sd premes to be so sold, disposed of or consumed, or in which year the lessee shall sell or dispose of, or permit the sale, disposal, or consumption upon the sd premes of any such articles other than such as shall have been pchased or taken of the lessors, or their successors in business [or nominees], every such last-mentd additional rent to become payable on the quarterly day. for paymt of rent under this demise next ensuing after such dealing, sale, disposal, or consumption as afsd, and to be paid quarterly during the residue of the then current year, and all the sd rents to be paid without any deduction whatever (except the landlord's ppty tax) (b). Covenants by lessee to

(a) As to contracts binding the lessee to deal with the lessor, see 5 Davidson Prec., p. 135, note; Edwick v. Hawkes, 18 Ch. D. 199. Sometimes a larger rent, including the penal rent, is reserved, with a proviso for its reduction so long as the lessee performs his covenant to deal exclusively with the lessors, as follows:

reduction

with lessor.

"PROVD ALWAYS that if and so long as the lessee shall Proviso for (psuant to his covenant hinafter contd) pchase from and of rent if deal with the lessors, &c., for all the porter, &c., which shall lessee deals be consumed, sold, or disposed of in or upon or sent from the sd demised premes the lessor shall be entled to deduct from each quarterly paymt of the sd rent, the sum of £—."

Sometimes a penal rent is reserved in respect of breaches of covenant generally, see p. 626, form IX.

(b) Sometimes a power of distress is given to the lessors for monies owing As to power for beer, &c., supplied to the lessee, but the effect of the Bills of Sale Acts, of distress 1878 and 1882, appears to be to render such a power absolutely of no avail, for monies either as against the lessee's creditors or the lessor himself. Possibly a owing for

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