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Lease by a husband of

his wife's

freeholds

under the Settled Estates

Act, 1877,

the lessor by virtue of the Settled Land Act, 1882 (q), and of every other power enabling him in this behalf doth hby demise, &c. The rest of the form will be the same as the last.

XI. PARTIES, A., husband, hinafter called the lessor, which expression shall include the pson or psons for the time being entled to receive the rents hby reserved, where the context so requires or admits, 1; B., lessee, hinafter called the lessee, which expression, &c., 2: WITNETH, consideration, demise s. 46 (r). by A., parcels, habendum to lessee for any term not exceeding twenty-one years in possession; reddendum generally; covenants by lessee with, the lessor, using that expression throughout: Power to, the lessor, to re-enter if the rent is in arrear for not exceeding twenty-eight days, or on breach of covenant; Corenants by, the lessor, to insure, &c., and for quiet enjoyment, without interruption by the sd A. or C., his wife, or either of them, or any person claiming under them or either of them: Power to lessee to determine lease on giving notice to, the lessor. XII. PARTIES, A., and B. his wife, lessors, hinafter called the lessors, which expression, &c., as in last form, 1; the wife's C., lessee, hinafter &c., 2: WITNETH, consideration, the settled estate under lessors, by virtue of the Settled Land Act, 1882, and of the Settled every other power enabling them or either of them in this 1882, s. 61 behalf do, and each of them doth hby demise, &c., parcels, (s). habendum, reddendum generally, covenants by lessee with, the lessors, and also separately with each of them; power to

Lease by husband and wife of

Land Act,

Married

women.

(q) The Act does not require that the lease should refer to it, but it is desirable that the intention that it should operate under the Act should he expressed. This form may be used mutatis mutandis for a lease under any other Act.

(r) This form can only be required for a woman married before 1st January, 1883, and as to property her title to which accrued before that date. In any other case a married woman can now grant leases by virtue of the Married Women's Property Act, 1882 (see p. 650, note), as owner (if she is absolutely entitled), or under the Settled Land Act, 1882, s. 61 (2), if the estate is settled.

(s) See p. 649, note. Where the wife is entitled for her separate use, or as a feme sole (under the Married Women's Property Act, 1882), she will grant the lease under s. 61 (2), without her husband, according to form x., p. 799.

the lessors, to re-enter: AND THE lessors do hby for themselves resply [and their respive assigns] covenant with the lessee, to insure, &c., and for quiet enjoyment, without interruption by the lessors or either of them, or any pson claiming under them or either of them. Power to lessee to determine lease on giving notice to, the lessors or either of them.

married

rate estate

XIII. PARTIES, A., lessor, hinafter called the lessor, which Lease to a expression, &c., 1; B., the wife of C., of &c., hinafter called woman as the lessee, which expression, &c. 2. WITNETH, conside- her separation, if a premium is paid, say, "of the sum of £ now (). pd to the lessor by the lessee out of moneys forming pt of her separate este," and of rents and covenants, demise, unto the lessee, parcels, reservations, habendum, to the lessee as her separate este: Covenants by the lessee and power of re-entry, and covenants by the lessor and other clauses, all in the usual form.

power or

s. 41 (u).

XIV. PARTIES, A., of &c., the guardian of X., a minor under Lease by guardian of the age of twenty-one years, who is entled in fee simple, or, an infant "for a leasehd interest at a rent," to the hereds hby demised, under a and who is hinafter called the reversioner, which expression the Conv. shall include the pson or psons for the time being entled to Act, 1881, the reversion of the sd premes hby demised, expectant on the term hby granted, where the context so requires or admits, 1; B., lessee, hinafter, &c., 2. WITNETH, CONsideration, the sd A. by virtue of [the Conveyancing Act, 1881, and] every or any power enabling him in this behalf doth hby demise, parcels, reservation of mines, &c., to, the reversioner. The rest of the lease will follow the standard

(4) Before the Married Women's Property Act, 1882, 45 & 46 Vict. c. 75, Lease to a the proper way in such a case was to grant the lease to the husband or some married other person as trustee, who entered into the covenants; but as every married woman. woman is now by that Act, s. 1, enabled to acquire, hold, and dispose of property, and to contract, and to sue and be sued, as a feme sole, the lease may now always be granted to her without the intervention of a trustee, and the covenants will be enforceable against her by action without joining her husband, to the extent of her separate estate.

(u) See p. 650, note.

VOL. I.

3 F

Lease by mortgagor and mort

form, using the words "reversioner" and "lessee" throughout, except that the covenant for quiet enjoyment will be by A., without interruption by the sd A. or the reversioner, &c., any other lessor's covenants such as to repair, will be by A., on behalf of, and so as to bind the reversioner, that the reversioner will, &c. Power to lessee to determine lease on notice to, the reversioner.

XV. PARTIES, A. and B., mortgagees, hinafter called the lessors, which expression shall include the psons or pson for the gagees (x). time being entled to the reversion of the premes hby demised, expectant on the term hby granted (y), where the context so requires or admits, 1; C., mortgagor, 2; D., lessee, hinafter called the lessee, which expression, &c., 3: WrrNETH, consideration, the lessors, at the request of the sd C. (z), do hby demise, and the sd C. doth hby demise and confirm unto the lessee, parcels, habendum, reddendum generally: PROVD always and it is hby agrd that until the lessors shall require paymt of the sd rent to them, and give to the lessee, or leave upon the sd demised premes, a notice in writing requiring such paymt, the sd rent shall be paid to the sd C., his hrs and assigns, whose receipt shall be a sufficient discharge for the same: Power, if at any time

Leases by (x) See also Precedents XVIII., p. 694, and XIX., p. 699. Where the mortmortgagor gage is since 1881, the mortgagor or mortgagee, when respectively in possesand mort- sion, is enabled by the Conv. Act, 1881, s. 18, (if not excluded by the mortgage gagee. deed), to grant ordinary occupation or building leases, reserving the best rent without fine; so that the concurrence of both in the mortgage will now often be unnecessary. Even before the Act ordinary rack-rent leases were often granted by the mortgagor alone, such leases being valid as between the parties to them, and not likely to be disputed by the mortgagee, and any difficulty from the covenants not running with the land seldom arising in practice.

(y) It might be simpler to define "lessors," as including "the person or persons for the time being entitled to receive the rents." See the Judicature Act, 1873, s. 25 (5), and p. 620, note.

() If the mortgagees do not enter into any covenant for quiet enjoyment, the words "but not so as to imply any warranty or covenant," should be inserted here so as to exclude any implied warranty or covenant arising from the word "demise." As to trustees and mortgagees covenanting for quiet enjoyment, see p. 642, note.

prior to such notice having been given or left as afsd, any pt of the sd rent shall be in arrear for twenty-one days, &c., to, the sd C., his hrs and assigns, to distrain, p. 645, covenants by lessee, with the lessors, and also separately with the sd C., his hrs and assigns, the power to enter and view being given, to the lessors, and also to the sd C., his hrs and assigns, and their respive agents, &c., covenants to insure, in the joint names of the lessors and the lessee in an office to be approved by the lessors, to produce policy and receipts for premiums, to the lessors, and the sd C., his hrs and assigns, to yield up at end of term, to the lessors: Power for, the lessors, to re-enter; [covenant by lessors to insure]: and each of them the lessors resply, and the sd C., so far as relates to his own acts and deeds, and the acts and deeds of psons claiming under him, doth hby covenant, &c., for quiet enjoyment, without interruption by the lessor and the sd C. or any of them, their or any of their hrs, exs, ads, or assigns, or any pson claiming under them or any of them: PROVD always that until the lessors shall have given notice for paymt of the sd rent to them as afsd, any licence, consent, or act hinbefore required or authorised or which may be necessary to be given or done by the lessors, may be validly and effectually given or done by the sd C., his hrs or assigns. Power to lessee to determine lease on giving notice, to the sd C., his hrs or assigns, or leaving the same at his or their usual or last known place of abode, unless the lessors shall have given such notice as afsd, and in that case, on giving such notice to the lessors, or leaving the same at the usual or last known place of abode of them or any of them.

mortgagor

mortga

XVI. PARTIES, A. and B., first mortgagees, hinafter called Lease by the lessors, which expression, &c., see p. 619 note and the last and two form, 1; C. and D., second mortgagees, 2; E., mortgagor, 3; sets of F., lessee, hinafter called the lessee, &c. 4: WITNETH, gees. consideration, the lessors and the sd C. and D., at the request of the sd E., and according to their respive estes and interests, do resply hby demise, and the sd E. doth hby demise and confirm unto the lessee, parcels, habendum, reddendum

Lease by

mortgagor under a

generally: Proviso, that until the lessors shall require paymt of the sd rent to them, &c., as in the last form, the sd rent shall be paid to the sd C. and D., their hrs and assigns, in case they shall have given or left such a notice for paymt thof to them, and if not, then to the sd E., his hrs and assigns, and that the rect of the pson or psons to whom the sd rent shall for the time being be payable under the provons lastly hinbefore contd, shall be a good discharge for the same: Power to, the sd C. and D., their hrs and assigns, and also to the sd E., his hrs and assigns, in case the sd rent shall be payable to them resply, to distrain, p. 645; covenants by lessee with, the lessors, and also separately with the sd C. and E., their hrs and assigns, and also separately with the sd E., his hrs and assigns, the power to enter and view being given to, the lessors, and also to the sd C. and D., their hrs and assigns, and also to the sd E., his hrs and assigns, and their respive agents, &c., covenant to insure in joint names of lessors and lessee, in an office to be approved by the lessors, to produce policy and receipts for premiums, to the lessors, and to the sd C. and D., their hrs and assigns, and to the sd E., his hrs and assigns, to yield up at end of term to, lessors: Power of re-entry to, lessors. AND EACH of them the lessors and the sd C., D., and E., so far as relates to his own acts and deeds and the acts and deeds of all psons claiming under him, doth hby, &c., covenant for quiet enjoyment, without interruption by the lessors, or the sd C., D., and E., or any of them, their or any of their hrs, exs, ads, or assigns, or any person claiming under them or any of them: Proviso, that until the lessors shall have given notice for paymt of the sd rent to them as afsd, any licence, &c., may be given, &c., as in last form, by the sd C. and D., their hrs or assigns, in case they shall have given notice for paymt of the sd rent to them as afsd, and if not, then by the sd E., his hrs or assigns. Power to lessee to determine lease on giving notice to, the lessors, &c.

XVII. PARTIES, A., mortgagor, hinafter called the lessor, which expression shall include the pson or psons for the time being

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