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with C., "that all and singular the covenants, agreemts, provons, and stipulations in the sd lease contd shall apply and be deemed to apply to the term of years hby granted, and to these presents, and shall be read and construed and have effect in all respects as if the said lease had constituted a valid demise for the said term of · years of the premes

hby appointed, granted, or demised, and as if the same covenants, agreemts, provons, and stipulations had been repeated and contd in these presents, Covenant by A. and B. against incumbrances, and for quiet enjoyment.

IN WITNESS, &c.

XXVI.

AGREEMENT SUPPLEMENTAL to a BUILDING AGREE-
MENT, by which the LESSOR purchases IMPROVED
GROUND RENTS before the leases are granted (a).

AGREEMT made the day of, between A., of, Parties. &c., hinafter called the lessor, of the one pt, and B., of, &c., builder, hinafter called the lessee, of the other pt, supplemental to an agreemt, dated, &c., made between the same pties, hinafter referred to as the building agreemt. WHAS it Recitals. has been agrd that in conson of the immediate paymt by the lessor to the lessee of the sum of £, the sum of £per annum shall be added to the total amount of the ground rents payable under the sd building agreemt in mner hinafter expd, and that the terms of the same agreemt shall be otherwise varied as hinafter provd; Now it is hby agrd as follows:

1. IN CONSON of the sum of £- paid by the lessor to Agreement the lessee upon the signature of this agreemt for the pchase chase of

(a) As to making an agreement supplemental, see p. 9, note. This agreement requires, in addition to a 6d. agreement stamp, an ad valorem conveyance stamp on the sum paid by the lessor for the purchase of the improved ground rents, see the Stamp Act, 1870, s. 75.

for pur

increased of the increased rents hinafter mentd (the rect, &c.) the total

ground rents.

Mode of payment.

As to leasing part of

land at a nominal rent.

Building

rents to be payable by the lessee or his nominees in respect
of the land, houses, and premes compd in the sd building
agreemt shall as from the day of
-day of, be increased by
the sum of £ per annum, making the total aggregate
yearly rent so payable (inclusive of the rents reserved by the
leases for the time being actually granted) as follows (that is
to say), from the day of —, to the

day of

the yearly rent or sum of £, &c., and from the day
of ——, during the remr of the term of 99 years mentd in
the sd building agreemt, the yearly rent or sum of £-
the sd increased rents to be reserved and made payable at
the like times and in like mner as provd by the sd building
agreemt with respect to the rents thby made payable.

2. THE INCREASED rents to be payable in respect of the leases remaining to be granted shall be apportioned between such leases in such mner as shall be approved by the lessor or his surveyor, who shall also (if deemed material) determine what proportion of the rent reserved on each lease, shall be deemed pt of the sd additional rent of £—.

3. THE PROVONS of the sd building agreemt whby it was provd that when the whole of the ultimate aggregate rent thby reserved should have been secured, the lessee should be entled to a lease or leases of the land remaining undemised togr with any house or houses erected thereon, at the rent of £, shall take effect and be applicable when and so soon as the whole of the sd increased ultimate rent of £ shall have been secured by leases actually granted and not before.

4. EXCEPT so far as the same is hby modified, and subjt to the modifications hby made, the sd building agreemt shall to remain remain in full force.

agreement otherwise

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XXVII.

DEED ALTERING the COVENANTS of a MINING LEASE,
and giving NEW POWERS to the LESSEE, by endorse-
ment on the lease.

PARTIES, A., lessor, hinafter, &c., 1; B., lessee, hinafter, &c. 2. Mutual Covenants.

covenant

1. THE LESSEE shall forthwith open and commence work- Additional ing the vein on the lands demised by the within written indre, and shall continue diligently to work the same.

by lessee.

power to

2. NOTWITHSTANDING the provons within contd it shall be Additional lawful for the lessee so long as he shall diligently work the lessee. sd vein to deposit on the sd lands all spoil or rubbish which may be dug or raised from or wrought on any pt of the sd lands, or on or from any other adjoining mines, quarries, or works of the lessee.

3. THE WITHIN written indre, and the covenants, condons, Lease to and provons therein contd shall henceforth operate and have have effect subject to effect as if the covenants, powers, and provons herein contd variations. had been embodied therein, and shall be altered and modified accordingly, but shall in all other respects remain in force and unaffected by these presents.

IN WITNESS, &c.

VOL. I.

3 G

Recitals.

Agree

ment.

Witnesseth.

XXVIII.

SURRENDER of Term under a LEASE to the REVERSIONER in fee for life or years. VARIATION, where the lease is RENEWABLE under the Lessor's Covenant (a).

PARTIES, A., termor, 1 ; B., reversioner, 2. Recite lease [including covenant for renewal], p. 325, and devolution of term to A., p. 326, and of reversion to B.: AND WHAs the sd A. has agrd with the sd B., for the surrender to him of the sd premes comprd in the sd recited indre of lease for all the residue now unexpired of the sd term thby granted, in conson of the sum of £, to be paid by the sd B. to the sd A.: NOW THIS INDRE WITNETH that in psuance, &c., consideration, receipt, the sd A. as beneficial owner (b), doth Surrender. hby surrender and assign unto the sd B., his hrs and assigns [or if B. has only a leasehold interest, "his exs, ads, and assigns," or, if he have a life estate, "and his assigns."] ALL AND SINGULAR the sd hereds and premes comprd in or expd to be demised by the sd recited indre of lease, omitting general words and estate clause, see pp. 357, 359. TO THE INTENT that the sd term of years granted by the sd lease

Term to merge.

(a) When the surrender is made with a view to the granting of a new lease of the same property, a formal surrender may generally be dispensed with, it being sufficient that the new lease is expressed to be granted "in conson of the surrender of a former lease, &c.," see p. 620. As to the power of limited owners to accept surrenders of leases and grant new leases, see the Settled Land Act, 1882, s. 13; see also s. 31 (iv.); and see the Conv. Act, 1881, s. 42, enabling trustees to accept surrenders on behalf of infants. The rent should be paid up to the surrender; under the old law rent not actually accrued due before the surrender was lost (Grimman v. Legge, 8 B. & C. 324), but this is altered by the Apportionment Act, 1870, if Swansea Bank v. Thomas, 4 Ex. D. 94, is good law; and see Re South Kensington Co-operative Stores, 17 Ch. D. 161.

Recitals in a surrender of a lease would often be unnecessary, and it may generally be conveniently made by endorsement.

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(b) This implies full covenants for title, see p. 366, note. If A. is a trustee or mortgagee he will surrender "as trustee or "mortgagee," which will imply a covenant against incumbrances, see ib.

lessor's

may merge and be absolutely extinguished in the freehd and inheritance of, [or, in the reversion of him the sd B. in] the sd premes: [AND THIS INDRE ALSO WITNETH that Release of in further psuance of the sd agreemt, and for the conson afsd, the sd A. doth hby rele and discharge the sd B., his hrs, to renew. exs, ads, and assigns, from the hinbefore recited covenant in and by the sd indre of lease made and entered into as afsd for the renewal of the sd lease, and from all actions, proceedings, claims, and demands, for or on account of the sd covenant or any other covenant or provon in the sd indre of lease contd.]

IN WITNESS, &c.

XXIX.

SURRENDER of a PORTION of the land comprised in a
FARMING LEASE to a MORTGAGEE in fee, and
ABATEMENT of RENT in respect thereof (by ENDORSE-
MENT on the lease).

ment.

PARTIES, A., lessor, 1; B., mortgagor, 2; C., mortgagee, 3; Parties. WHAS the sd A. has at the request of the sd B. agrd to sur- Recital render to the sd C., as mtgee of and the pson legally seised of agreeof the fee simple and inheritance of the sd premes in reversion expectant on the term granted by the within written indre, such portions of the land and premes therein comprd as are hinafter described and surrendered, upon being paid the sum of £, which the sd A. has agrd to accept in full satisfon of all claims whatsoever which as an outgoing tenant according to any of the provons contd in the sd lease or by the custom of the country [or, by the Agricultural Holdings (England) Act, 1875], or otherwise the sd A. has or could have or claim in respect of the sd premes hby surrendered,

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