the mort gage, or Act, 1881, entled to receive the rents hby reserved where the context power in so requires or admits, 1; B., lessee, hinafter, &c., 2: WITNETH, consideration, the lessor by virtue of [the Conveyanc- the Conv. ing Act, 1881 (e), and] every power enabling him in this behalf s. 18 (d). doth hby demise, parcels, habendum, reddendum generally, covenants by, lessee, with, lessor, power for, lessor, to reenter, covenants by, lessor, [for himself and his assigns, see p. 640, note], to insure, &c., and for quiet enjoyment. Power to lessee to determine lease on giving notice to the, lessor. XVIII. PARTIES, A. and B., two of the partners in the Lease by two partfirm of hinafter called the lessors, which expression, ners in a &c., 1; C. the remaining partner in the sd firm, hinafter called firm to the remaining the lessee, which expression, &c., 2: WITNETH, considera- partner in tion, the lessors do hby demise unto the lessee, parcels, haben- trust for the firm (ƒ). (d) See p. 651, note; p. 802, note. Although the lessor has not the legal reversion, the covenants will, by virtue of the Conv. Act, 1881, ss. 10, 11, run with the land. (e) The reference to the Act is not necessary; and, if it is desired not to disclose the fact that the property is in mortgage, will be omitted. (ƒ) Under the Conv. Act, 1881, s. 50 (and s. 2, making the word "convey include "lease "), a lease of freeholds might be granted by one or more persons to himself or themselves jointly with another or others; but neither under this enactment (which does not apply to leaseholds), nor under 22 & 23 Vict. c. 35, s. 21 (which applies to leaseholds, but only to assignments), can an underlease be so granted. Even in the case of freeholds a lease in this form should be avoided, to prevent questions as to the operation of the covenants and the lessor's remedies; the proper course is to grant it to a trustee as in the above form; the trust being declared in the lease itself, or, if it is desired that the interest of the firm should not appear on the title, by a separate deed, as in the following form; the trustee would, of course, have the right of indemnity without express declaration : "To ALL Deed poll ΤΟ WHOM THESE PRESENTS shall come, by lessees A. and B. of the firm of, send greeting [Recite declaring that the lease of even date from C. and D. to A. and B.], AND WHAS the sd A., B., C. and D., carry on in co-ptnship togr the granted in business of under the style of -& Co., and the sd st indre of lease was granted by the sd C. and D. to the sd A. firm conand B. for the benefit of the sd ptnship firm, and the themselves names of the sd A. and B. were used therein as trees for the sd firm: Now THESE PRESENTS WITNESS that the trust for a partnership sisting of and the lessors. dum, reddendum, usual lessee's covenants, [And not to, assign, underlet, or part with the possion of the sd premes, or any pt thof, or permit the same to be used or occupied by any pson or psons whomsoever, except the sd firm of without license, and that the sd premes shall not at any time during the sd term, without such license as afsd, be used for any business, trade, or ppose other than the business of now carried on by the sd firm]: Power of re-entry on nonpayment of rent or breach of covenant, [or in case the sd ptnship firm of, or their assigns for the time being, beneficially entled to these presents shall become bankrupt, or enter into liquidation or composition for the benefit of their creditors, or suffer the sd premes, or any pt thof, to be taken in execution.] Covenant by lessors for quiet enjoyment. Power to the lessee, with the consent or concurrence of the sd ptnship firm of -, or the psons or pson for the time being beneficially entled to these presents, to determine the lease on giving six months' notice. Provd always and it is hby agrd and decld that the lessee shall stand possessed of the sd premes hby demised in trust for the sd ptnship firm of, and their assigns, and permit the sd firm and their assigns to occupy and enjoy the sd premes as pt of their ptnship este, or otherwise, according to their beneficial este and interest therein [subjt and without prejudice to the covenant or condon hinbefore contd against assignmt, underletting, or parting with the possion of the sd premes without the license of the lessors as afsd], and that the lessee shall at all times hereafter be kept fully indemnified, reimbursed, and saved harmless by sd A. and B. do hby declare that they and their exs, ads, and assigns, shall stand possessed of the premes comprd in the sd lease of even date herewith in trust for the sd ptnship firm of & Co., as pt of the capital and este thof." IN WITNESS, &c. the sd ptnship firm, or their assigns, against all costs, damages, expenses, and losses in respect of the sd rents hby reserved, and the covenants, agreemts, and condons herein contd, and all actions, proceedings and liabilities in respect thof. for a lease the ap under the Estates XIX. PARTIES, A. and B., the trees of the will of K. late Agreement of, &c., or, "of an indre of settlemt, dated, &c., and expd, by trustees &c." hinafter called the lessors, which expression shall in- subject to clude the psons or pson who would for the time being be proval of entled to receive the rents payable under any lease granted the Court psuant to these presents, where the context so requires or Settled admits, 1; C., lessee, hinafter called the tenant, which expres- Actor in sion, &c., 2. Subjt to the approval of the High Court of an action (g). Justice being obtained as hinafter mentd, the lessors agree to grant, and the tenant agrees to take a lease, &c., according to the form of lease contd in the schedule hto, or with such variations as may be assented to by both pties, adding any other usual clauses which may be appropriate. An application shall forthwith be made by the lessors to the Chancery Division under the Settled Estates Act, 1877, or, "in an action of being an action for the administration of the este of the late X.," for the sanction of the Court to the sd lease, and in case such sanction cannot be obtained to such lease, either in the form given in the schedule hto, or with such variations as may be assented to by both pties, on or before the v. day of next, then this agreemt shall become void [save and except the provons as to costs and expenses hinafter contd]. [The costs of the lessors and tenant as between solor and client of and incidental to this agreemt and the negotiations preliminary thto, and the sd application to the Court (whether the same is granted or not), and the sd lease and counter-pt shall be borne by the tenant and shall be paid by him to the lessors or their solor on demand.] (g) The necessity for an application to the Court is not likely often to arise in future having regard to the Settled Land Act, 1882. See p. 649, note. Lease, two sureties xx. PARTIES, A., lessor, hinafter called the lessor, which joining to expression, &c., 1; B., lessee, hinafter called the lessee, &c., guarantee 2; C. and D., hinafter called the guarantors, 3: WIT rent and performance of covenants. NETH, in conson, &c., rent and covenants by lessees, and of the covenant by the guarantors hinafter contd, demise, parcels, habendum, reddendum, covenants by lessees, power of re-entry, and covenants by lessors. AND THE guarantors at the request of the lessee and in conson of the lease and grant hinbefore contd, do hby jointly and severally covenant and guarantee with and to the lessor THAT the lessee shall at all times duly pay the rents hby reserved in the mner and at the respive times hinbefore appointed for the paymt thof: AND ALSO duly perform and observe all the covenants on the pt of the lessee and condons herein contd: AND THAT the guarantors resply, and their respive hrs, exs, or ads, will at all times hereafter, pay and make good to the lessor on demand, all losses, costs, damages, and expenses occasioned to him by the non-paymt of the sd rents or any pt thof, or the breach, non-performance, or non-observance of any of the sd covenants and condons on the pt of the lessee: AND FURTHER, that any neglect or forbearance on the pt of the lessor in enforcing or the giving time by him to the lessee for paymt of the sd rents, or any pt thof, or the performance or observance of any of the sd covenants and condons, shall not in anywise rele the guarantors or either of them, their or either of their hrs, exs, or ads, in respect of their or his liability under the covenant or guarantee on their or his pt hinbefore contd. IN WITNESS, &c. XXI. AGREEMENT for YEARLY TENANCY of a small plot of LAND at a NOMINAL RENT, so as to PREVENT a TITLE being ACQUIRED under the STATUTES OF for ten PARTIES, A., hinafter called the landlord, 1; B., hinafter Parties. called the tenant, 2: WHBY it is acknowledged and agrd, Agreement that the plot of ground situate, &c., now in the occupation ancy. of the tenant, is and shall continue to be occupied by the tenant and his assigns as tenants from year to year to the landlord, his hrs and assigns, the owners for the time being of the freehd thof, AT A YEARLY RENT of one shilling if demanded, payable on the - day of in every year, SUCH TENANCY to be considered as having commenced on the day of AND TO BE determinable by either pty at any time, on giving one calendar month's written notice to the other pty. IN WITNESS, &c. XXII. DEED extending TERM of lease by endorsement. PARTIES, A., 1; B., 2: WHAS the residue of the within Recitals. mentd term of years is now vested in the sd B., subjt Residue of (a) A mere acknowledgment that the piece of land is held under a tenancy at will, is not enough, having regard to 3 & 4 Will. IV. c. 27, s. 7. It should be from year to year, reserving a nominal rent and requiring short notice to determine it, and one payment of rent should be actually made and a receipt taken having regard to the 8th section of the Act, as it might be contended that the demise, though in writing, is not a valid demise within the Statute of Frau is until rent has been accepted under it term in lessee. |