PREC. XVIII. used as houses. lessor to therein mentd, subjt as regards the sd hereds to the mtges or charges described in the second schedule hto [some of which affect the whole and others pts only of the sd hereds]; and the sd mtge debts are now resply vested in the several psons whose names are written in the second column of the sd second schedule opposite the description of the instrumt by which each such mtge or charge was effected, which last-mentd psons are the same psons as the pties hto of the first four pts and are hinafter collectively referred to as the mtgees (which expression shall, where the context so requires or admits, include their respive hrs, exors, ads, and assigns): AND WHAS the hereds described Premises in the first pt of the sd first schedule are now used as a brewery brewery, known as the Brewery, and are hinafter and publicreferred to as the brewery, and the hereds described in the second pt of such first schedule are public-houses, pchased or taken on lease by the lessor, and the same are hinafter referred to as the public-houses: AND WHAS the lessor is Title of also entled to the coppers, boilers, engines, machinery, plant, and effects, now affixed to the soil of the brewery, subjt so far as the same are included therein to the sd mtges and charges [or some of them]: AND WHAS the lessor Agreement has agrd to grant the lease hby effected to the lessees, and the mtgees have agrd to join in these presents for the ppses and in the mner hinafter appearing: NOW THIS INDRE, Wit&c., consideration, they, the mtgees, [so far as relates to the hereds and premes comprised in their several secs], at the request (hby testified) of the lessor, do and each and every of them doth hby demise, and the lessor doth hby demise Demise. and confirm, unto the lessees, ALL AND SINGULAR the sd Parcels. freehd and leasehd hereds and premes described in the first schedule hto, togr with the use of ALL AND SINGULAR the coppers, boilers, engines, machinery, plant, and effects, now fixed to the soil of the brewery, TO HOLD all such pts of the Habendum. sd premes as are of freehd tenure, and such of the sd holds, and coppers, boilers, engines, machinery, plant, and effects as leaseholds are affixed thto, and all such pts of the sd premes as consist more than plant. for lease. nesseth. as to free held for PREC. years. one years. Habendum holds for To lessee of terms less the by lessees (c). of leasehds held for terms of years of which the respivc unexpired residues exceed twenty-one years, UNTO the twenty-one lessees, for the term of twenty-one years from the day next To lessees before the day of the date of these presents, but subjt as to for twenty- the sd leasehd premes to the rents and covenants affecting the same resply: AND TO HOLD all such pts of the sd premes as to lease- as consist of leasehds held for terms of years of which the less than respive unexpired residues do not exceed twenty-one years, twenty-one UNTO the lessees, for the unexpired residues of the several years. terms for which the same are now resply held, except the last for residue day of each such term, subjt to the rents and covenants affecting the sd last-mentd leasehd premes; Reservation of rent last day. generally (b), p. 623. Covenants by lessees, "with the mtgees Covenants and each of them, and also separately with the lessor, and also separately with the sd D., as such receiver of rents as hinafter mentd, or other the receiver or receivers for the time being to be appointed as hinafter mentd," to pay rent, p. 626; to pay rates and taxes, p. 627; to keep in repair, "the messuages, buildings, and erections hby dein repair. mised, and any new buildings and erections which may be placed on the sd premes during the continuance of this demise, and also all and singular the coppers, boilers, engines, machinery, plant, and effects now or which may at any time during this demise be affixed to the brewery, so that such coppers and other things as last afsd may at all times be equal in value to the sum of £ at the least," p. 628; to deliver up at end of tenancy in good repair, "unto the pson or psons then entled to the immediate reversion of the sd respive demised premes," p. 630: AND ALSO will from time to time, and at all times during this demise, pay, perform, and observe all and singular the rents and covenants on the pt of the several lessees, and condons reserved To keep Perform covenants in head leases. (b) If the mortgages affect different parts of the hereditaments, the hereditaments affected by each mortgage should be placed in a separate schedule and a separate rent reserved in respect of the hereditaments in each schedule. (c) See another form in the next Precedent. PREC. XVIII. demnify such cove. by and contd in the several indres of lease, under which the sd leasehd premes are held: AND WILL keep the intgees, and the lessor, and every of them, their and every of their And in hrs, exs, ads, and assigns, indemnified against all actions, lessor proceedings, costs, charges, claims, and demands what- against soever, by reason or on account of the non-paymt, non- nants. observance, or non-performance of the same rents, covenants, and condons, or any of them; to permit, "the mtgees and the lessor, and every of them, and the sd D. as such receiver as hinafter mentd, or other the receiver or receivers for the time being to be appointed as hinafter is mentd," to enter and view the premises, and to repair on notice, p. 630; with power to the mortgagees or lessor to repair on default of lessees, p. 631; to insure and rebuild in case of fire, p. 632. AND ALSO will at all times during this demise Carry on carry on the business of brewers on the brewery: AND Use public business. purposc. forfeit FURTHER that the lessees will not at any time convert or houses for suffer to be converted the public-houses or beer-houses hby no other demised, or any of them, or any pt thof resply, into shops or warehouses, or open or use the same, or suffer the same to be opened or used, for any other ppose than as an hotel, iun, public-house, tavern, or beer-house, without the consent in writing of the lessor, and also will use their best endeavours in order that the sd public-houses and beer-houses may at all times be kept and conducted in a regular and proper mner in every respect: AND THAT the lessees will Not to not do or omit any act, and will use their best endeavour's licenses. to prevent any act being done or omitted whby the licenses. and certificates for the vending of [wines, spirituous liquors,] ale and beer in the sd public-houses or beer-houses may become forfeited, or the renewal thof refused: AND ALSO Carry on will at all times use their best endeavours to cause the publicbusiness of the sd several public-houses and beer-houses to under present signs. be managed or conducted under the several names or signs whby the same are now resply known: AND WILL, upon the On deterdetermination of this demise (if required), use their best term transendeavours to procure that the sd several licenses and certi- fer licenses. houses mination of PREC. XVIII. lessees to ficates granted during the then current year for the vending of any [wines, spirituous liquors,] ale, or beer in the said demised public-houses or beer-houses, may be assigned for the unexpired terms thof to the pson or psons then entled, &c., as above, or as he or they shall direct; Proviso alter plant. that the lessees may, from time to time during the continuance of this demise, for the ppose of improving the brewery, vary, alter, or exchange all or any part of the coppers, boilers, engines, machinery, plant, and effects, which now are or may hereafter be affixed to the brewery, provd that every such copper, &c., which may at any time be varied, &c., as aforesd be forthwith replaced or improved, so and in such mner that the coppers, &c., for the time being affixed to the brewery may be kept and maintained in good and efficient condon for the proper working and carrying on of the brewery business, and equal in value to the sum of £ at the least. Powers of re-entry and distress granted to mortgagees, lessor, and receiver, pp. 643, 645: Covenant AND EACH of them, the mtgees and lessor, so far only as relates to his own acts and deeds and the acts and deeds of all psons claiming under him, doth hby for himself, &c., continue covenant for quiet enjoyment, p. 641, saying, “without any lawful interruption or disturbance from or by the mtgees and lessor or any of them, or any pson or psons claiming or to claim under or in trust for them, him, or any of them." Appointment by mortgagees and lessor of D., as receiver, see MORTGAGES, the mortgagees covenanting to concur On deter in the appointment of a new receiver if necessary: AND IT IS HBY AGRD and decld between the lessor and lessees that the lessor shall, within two calendar months from the determination of this lease, whether the same shall determine by bought by effluxion of time or otherwise, pchase all public-houses of any tenure which may have been pchased or leased by the lessees for the ppses of the brewery at a fair valuation: Power for PROVD THAT nothing herein contd shall prevent the lessees, at any time prior to the determination of this lease, from purchased demising at rack-rent any of the sd public-houses, and such for quiet enjoyment. mination lessor to purchase publichouses lessces. lessees to demise PREC. XVIII. Power to lessees to houses. plant on nation of term. pchase as aforesd to be made by the lessor shall be subjt to every such lease: PROVD ALSO that nothing herein contd. shall prevent the lessees from selling any of the sd pchased public-houses at any time before this lease shall have deter- sell such mined by re-entry, or before the- day of, i.e., a Provision year before the end of term, whichever shall first happen; for lessor Agreement between the lessor and lessees, that immediately taking over after the determination of the term hby granted, whether determi the same shall happen by effluxion of time or otherwise, a valuation shall be made of all new buildings and improvemts to buildings erected or made by the lessees, and of all coppers, &c., on the brewery, and in case the amount of such valuation shall exceed the sum of £, then the amount of such excess shall be immediately paid by the lessor to the lessees, but if such amount shall be less than the sum of £, then the amount of such deficiency shall be immediately paid by the lessees to the pson or psons entled, &c., as above. IN WITNESS, &c. Two Schedules. XIX. LEASE of a MILL and fixed and moveable MACHINERY PREC. XIX. with the CONCURRENCE of MORTGAGEES of PART of the Property. PARTIES, A. and B. (hinafter called the mtgees), which expression shall, where the context so requires or admits, include their hrs, exs, ads, and assigns, 1; C. (hinafter called the lessor, which expression shall, &c., include his hrs, exs, ads, and assigns), 2; D., E., and F. (hinafter called the lessees, which expression, &c., shall include, &c.), Recital of 3; WHAS the lessor being seised in fee simple in possion of title. the mill, machinery, and effects first and secondly hinafter described, subjt to a mtge thof in fee simple to the mtgees, and being the owner of the machinery and effects thirdly lessor's |