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PREC. XVII. pay rents, p. 626; rates and taxes, p. 627; to repay sums To repay paid for insurance by lessor, p. 632, of "the sd messuage and sums paid outbuildings and the fixtures and fittings specified in the

for insur

ance.

schedule hto, and all other fixtures and fittings, including trade fixtures and fittings, which may at any time during the sd term be placed or be in or upon the demised premes against loss or damage by fire and for insuring the plate glass windows and mirrors of and in the sd premes against loss or damage by accident, every such sum to be so repaid on demand immediately after the expenditure thof." Not to do anything to avoid policy against fire or accident, p. 633, form xxiv. mutatis mutandis; to paint outside, saying, "wood and iron work including all sign boards,' To repair. p. 627; to repair, p. 628, saying, “fixtures and fittings

To replace
fittings,
&c.

liquors supplied.

Reservation of such

way of

rent.

specified in the schedule hto, and any other fixtures and fittings which may be placed in or upon the sd premes during the continuance of the sd term including trade fixtures and fittings and all sign or other boards and placards relating to the business of a licensed victualler as carried on by the lessee, or to the business of a brewer as carried on by the lessors": AND ALSO will from time to time and at all times during the sd term forthwith replace and reinstate any of the sd fixtures and fittings and sign or other boards and placards which shall become worn out, broken, damaged, destroyed, or lost, by new articles of the same kind and quality: PROVD ALWAYS that this covenant shall not oblige the lessee to replace any plate glass windows or mirrors which shall be broken by accident within the

reservation of such monies by way of further rent, as follows, might create an implied right of distress which would be effectual, but this must be regarded as an experiment :

"AND ALSO as a further rent all monies to become due to monies by the lessors from the lessee for any porter, &c., as above, which shall be supplied by the lessors to the lessee during the sd term, such last-mentioned rent to become due immediately on such articles being supplied, and to be taken in or towards satisfon of such monies."

meaning of any policy of assurance against loss or damage PREC. XVII. by accident effected by the lessors psuant to their covenant on that behalf hinafter contd; to deliver up in good repair, p. 630, saying, “ the sd fixtures and fittings, and all sign and other boards and placards"; to permit lessor to enter and view and to repair on notice, p. 630; power to lessor to repair on default of lessee, p. 631; power to lessor to enter and take inventories of fixtures, p. 631, saying, "fixtures and fittings, sign and other boards and placards "; not to make alterations, p. 635; not to assign or underlet, p. 638; AND ALSO will at all times during the sd term reside To reside upon the demised premes and personally carry on the business of a licensed victualler thereon so long as the necessary certificates and licenses can be procured: AND Covenants by lessee ALSO that the lessee will apply for and use his best endeavours to obtain to obtain the necessary certificates and licenses or renewal licenses. of certificates and licenses for opening and keeping open the sd premes during the sd tenancy as a tavern and publichouse duly licensed for the sale and consumption therein of ale, beer, wine, and spirits by retail: AND ALSO that the To keep lessee will keep open the sd premes for the sale of the articles open. afsd at all times during such hours as shall be allowed by law, and use his best endeavours to increase and extend the custom and business of the sd house: AND WILL at all times Conduct

house

business

licenses.

manage and conduct the business thof in a lawful, orderly, properly. and proper mner: AND WILL not permit any gaming, rioting, Not do acts or other disorderly practices therein or do or suffer anything to forfeit whby the sd certificates and licenses or any of them may be or become liable to be forfeited or suspended, or the renewal thof withheld, or whby the sd trade or business or the goodwill thof may in any way be or liable to be prejudicially affected, or commit any offence against the laws for the time being in force affecting publicans or licensed victuallers, it being expressly agrd that any conviction of the lessee for any offence against the Licensing Acts 1872 to 1874, or any statutes for the time being in force regulating the trade of licensed victuallers, or any notice or complaint given or made

Use pre

as public

house.

annoyance.

lessors only.

PREC. XVII. by any justice of the peace or by the superintendent or acting superintendent for the time being of any police force or the inhabitants of the sd parish as to the conduct or managemt of the sd house and premes shall be conclusive evidence of a breach of this present covenant: AND ALSO that mises only the lessee will use the sd premes during the sd tenancy as a tavern or licensed victualling house only, and for no other ppose, so long as the necessary certificates and licenses can Not cause be obtained: AND WILL not do or suffer to be done upon the sd premes anything which may be or grow to the damage or Deal with annoyance of the lessors: AND ALSO that the lessee will deal exclusively with the lessors or their successors in business. [or nominees] for all porter, &c., as above, which shall be sold or consumed upon the sd premes or shall be brought thereon to be so sold or consumed: AND WILL not on any pretence whatsoever pchase, take in, or receive, or have in his possion, or directly or indirectly sell or dispose of or permit the sale, disposal, or consumption in or 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] provd they shall be willing to supply the same to the lessee at the fair market price (c): AND ALSO enter and that the lessee will permit the lessors, or any pson appointed by them, at any time to enter and inspect all cellars, vaults, or stores belonging to or in the occupation of the lessee (wheresoever situate), and the stock of ale, beer, porter, or malt [or spirituous] liquors in the same, and also to inspect and examine the books and accounts of the business carried on by the lessee upon the sd premes: AND WILL pay and settle with the lessors or their successors in business for all articles and things supplied by them to the lessee once in every calendar month or oftener if required during the sd On expira- term: AND ALSO will at the expiration or sooner determination of the sd term deliver up to the lessors, or their nominees or nominee, and do all necessary acts for trans

Permit

lessors to

view.

To pay monthly.

tion of

term to transfer licenses.

(c) See Edwick v. Hawkes, 18 Ch. D. 199.

for re

licenses.

Power for

lessors to

ferring to them or him the then existing certificates and PREC. XVII. licenses, on being paid the fair proportion for the unexpired term thof: AND WILL also sign any notices, and Make apmake any applications for the transfer or renewal of the plications certificates and licenses which the lessors may require AND newal of THAT it shall be lawful for the lessors or any pson appointed by them in that behalf to apply for and sign, give, and do in lessors to the name and as the agent of the lessee, all notices and acts apply for necessary for obtaining such transfer or renewal as afsd as licenses. the case may be, and on the hearing of any such application the production of these presents shall be conclusive evidence against the lessee of his consent to such transfer or renewal being made, and such licenses being granted as afsd, and he shall not be at liberty then or thereafter to oppose or question such transfer or grant: AND ALSO that the lessors may at Power for any time remove any sign or other boards and placards alter signs. affixed to the sd premes, whether externally or internally, and may at any time affix thto such sign or other boards and placards with such inscriptions thereon as they may think fit, and that the lessee will not remove, efface, alter, or intermeddle with the same, or affix any other sign or other boards or placards to the sd premes: Proviso for re-entry in case of non-payment of rent, or breach of covenant, or bankruptcy, &c., "or if the lessee shall be convicted of any offence against any of the laws affecting publicans or licensed victuallers,' p. 643. [PROVD ALWAYS and it is hby decld that it shall be Power to lawful for the lessors or any pson authorised by them for the break open ppose of entering and distraining for the rents hby reserved doors, &c. or any other monies payable hereunder whether the same shall have been legally demanded or not, or for the ppose of obtaining possion of the sd demised premes at the expiration. of the term hby granted or re-entering thereon under the proviso for re-entry hinbefore contd, to break open any of the doors or windows of the sd demised premes, and the plea of leave and license given by these presents shall be a sufficient answer to any action brought against the lessors or any such other pson for so doing, and the production of these presents

lessors to

PREC. XVII. shall be conclusive evidence in support of such plea (d)]. Covenant by lessors for quiet enjoyment, p. 641; to insure, "the sd demised messuage and premes including the fixtures and fittings specified in the schedule hto, and any other fixtures and fittings which may at any time during the sd term be affixed to the demised premes with the consent of the lessors, including trade fixtures and fittings," against fire, "and the plate glass windows and mirrors against loss or damage by accident," p. 632, mutatis mutandis.

IN WITNESS, &c.

The Schedule above referred to.

Schedule of Fixtures, &c.

PREC.
XVIII.

Recitals.

Title of lessor.

XVIII.

LEASE, with the CONCURRENCE of several distinct sets of MORTGAGEES, of FREEHOLDS used as a BREWERY, and of FREEHOLD and LEASEHOLD PUBLIC-HOUses. A RECEIVER of the rents being appointed on behalf of the Mortgagees. PROVISIONS for keeping up VALUE of BREWERY PLANT (a).

PARTIES, the several sets of mortgagees of the first four parts; A. (hinafter called the lessor, which expression, &c., see p. 619), 5; B. and C. (hinafter called the lessees, which expression, &c.), 6; D., receiver, 7: WHAS the lessor is entled to the freehd hereds described in the first schedule hto for an este in fee simple, and to the leasehd hereds described in the sd first schedule for the respive residues of the several terms expiring at the dates

(d) This license cannot go beyond authorising an unopposed entry, see Edwick v. Hawkes, 18 Ch. D. 199; see also, Beddall v. Maitland, 17 Ch. D. 174.

(a) For other forms of leases by mortgagor and mortgagee, see the next Precedent and Leases, Miscellaneous.

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