Page images
PDF
EPUB

Witnesseth.

Term to merge.

for abate

ment of rent.

And it has also been agrd that the rent of £ per annum reserved by the within written indre shall be abated as hinafter expd. NOW THIS INDRE WITNETH, that in psuance of the sd agreemt and in conson of the sum of £- now paid by the sd B. to the sd A., the receipt, &c., and of the abatemt hinafter made in the sd rent, the sd A., as beneficial owner (see p. 818, note (b)), at the request of the Surrender. said B., doth hby surrender and assign unto the sd C., his hrs and assigns, all those pieces of land, &c., forming pt of the lands and premes comprd in and demised by the within written indre, To the intent that the residue now unexpired of the term of · years thby granted may merge and be extinguished in the freehd and inheritance of the sd premes hby surrendered, and that the same premes may be discharged from all the provons of the within written indre. Provision AND IT IS hby agrd and decld that in conson of the surrender hinbefore contd, the sd yearly rent of £— reserved by the within written indre shall as from the —, be abated or reduced by the sum of £- — per annum (being at the rate of £- per acre for the sd premes hby surrendered) and that accordingly as from that date the yearly rent of £ shall be payable in respect of the pieces of land and premes remaining subject to the within written indre at the like times and in like mner as the sd yearly rent of £—— is thby made payable; AND IT IS hby further agrd and decld that as from the sd day of all the covenants on to remain the pt of the lessee, and the power or condon of re-entry, and the covenants on the pt of the lessor, and all other powers, condons, and provons in the within written indre, shall remain in force with respect to the sd pieces of land and premes remaining subject to such indre as far as the same covenants, powers, condons, and provons resply may be applicable thto, with such modifications as may be rendered necessary by such reduction or abatemt of the sd rent as afsd, and the other circes of the case.

Cove

nants, &c. of lease

in force as to remaining premises.

IN WITNESS, &c.

[ocr errors]
[ocr errors]

day of

XXX.

SURRENDER by lessee and his MORTGAGEES by endorse

ment on the lease, with a view to the granting of a
NEW LEASE of PART of the land.

as to alter

nesseth.

PARTIES, A., lessee, 1; B., C., and D., mortgagees, 2; E., Parties. lessor, 3: WHAS since the date of the within written indre of Recitals lease certain buildings, fences, and other erections have been ations in built and set up on the sd piece of ground thby demised and premises. other alterations and additions have been made by the sd A. in and to the sd premes. NOW THIS INDRE WIT- WitNETH that in conson of a new lease intd to be granted of a pt of the sd premes as hinafter mentd, the sd B., C., and D., as mtgees (a), at the request of the sd A. do hby surrender and assign, and the sd A., as beneficial owner (a), doth hby surrender, assign, and confirm unto the sd E., his hrs Surrender. and assigns, all the sd piece of ground and other the premes mentd and comprd in the within written indre, togr with all the buildings, erections, and additions since erected or set up thereon or added thto, To the intent that the term of years granted by the sd indre of lease may be merged and extinguished in the freehd and inheritance of the sd premes, and to the further intent that a new lease may be New lease granted by the sd E. to the sd A. of a pt of the sd piece of granted. ground and premes with the buildings and erections thereon.

IN WITNESS, &c.

(a) See p. 818, note (b).

to be

LICENSES. (α)

I.

LICENSE not under seal (b) by LESSORS to LEssee to ASSIGN, UNDERLET, or MORTGAGE.

WE, the undersigned, being the landlords of the ppty hinafter mentioned, do hby consent to an assignmt, or, "underlease," [by way of mtge] by A., of, &c., the present tenant of the sd ppty to B., of, &c., [for the term of years from, or, "for the whole remaining term except the last day thof,"] of, [parcels shortly described, being pt of], the hereds and ppty comprd in an indre of lease dated, &c., and made between, &c., and thby demised to K., for the term of Provd that this

years, from

consent shall not authorise any further or other assignmt, [or, "underletting or parting wholly or partially with the possion of " the sd premes or any pt thof, or prejudice or affect any of the covenants, condons, or provons in the sd lease contd, except to the extent hinbefore expd. As witness our hands this

Witness,

day of

Signed by the lessors.

(a) See also AGREEMENTS, and LEASES (MINING).

(b) See as to licenses operating as a partial release or waiver of a condition of re-entry, 22 & 23 Vict. c. 35, ss. 1, 2 ; 23 & 24 Vict. c. 38, s. 6, rendering a defeazance for reviving the condition of re-entry unnecessary: Elph. Introd. Conv. 251. As to licenses to assign or underlet, see 5 Dav. Prec. p. 180.

II.

LICENSE under SEAL by LESSORS to LESSEE to make
ALTERATIONS in BUILDINGS.

sd

covenant

owners of

tion by lessee for

THIS INDRE, &c. parties, A., B., and C., lessors, 1; D., lessee, 2. Recite lease to K., and in the sd lease is Recitals. contd a covenant on the pt of the sd K., not to erect any Lease building nor increase the height of any erection or building containing in the yard or garden of the sd demised premes, nor cut, not to alter buildings. injure, or alter any of the principal walls or timbers of, nor make any alteration in the thby demised premes without having first obtained the license and consent in writing of the lessors. AND WHAS the sd premes have become legally Present vested in the sd D., for the remr of the sd term of twenty- lease, one years, subjt to the rent and covenants of the sd lease: AND WHAS the legal este in fee in the sd premes expectant and reveron the determination of the sd term is now vested in the sion. sd A., B., and C. AND WHAS the sd D. is desirous of Applica opening a doorway in the pty wall at the rear of the premes demised by the sd lease, and of forming a com- license to munication between the same and the adjoining messuage alterations now in his occupation, and of making and executing certain other works and alterations in the said demised premes according to a plan and specification prepared by him, and he has accordingly applied to and requested the sd A., B., and C., to grant him their license for those pposes, and such application and the sd plan and specification having been submitted to their surveyor and approved by him, the sd A., B., and C. have agreed to grant such license subjt as hinafter mentd, and the sd D. in conson thof has agrd to enter into the covenants hinafter contd: NOW WitTHIS INDRE WITNETH, that in conson of the premes and of the covenants hinafter contd on the pt of the sd D., the sd A., B., and C. do hby give and grant UNTO the sd D., his exs, ads, and assigns, their full license and per- Grant of

make

in build

ings.

nesseth.

license to

mission to make the sd doorway in and through the pty make specified wall of the sd demised premes and to form a communicaalterations. tion between the same and the sd messuage now in the

Covenants

occupation of the sd D., and also to make and execute the other works and alterations hinbefore referred to, and which are particularly delineated and described in the sd plan and specification, provd the same be done within the period of three calendar months from the date hereof, and under the superintendence and to the satisfaction of the surveyor for the time being of the sd A., B., and C., their hrs or assigns; AND THIS INDRE ALSO WITNETH by lessee. that in conson of the license hinbefore given, the sd D. doth hby covenant with the sd A., B., and C., their hrs and assigns, THAT he the sd D., his exs, ads, or assigns will, To make specified within the sd period of three calendar months from alterations the date hereof, make the sd doorway and communication within a certain and execute the other works and alterations afsd in a time. good and substantial mner with proper materials under the superintendence and to the satisfon of the surveyor for the time being of the sd A., B., and C., their hrs or assigns, AND WILL before making such alterations, communicate the parlars thof to the directors of the Insurance Company, in which office the sd demised premes are insured against fire, and obtain the consent of the sd directors to the sd alterations, AND THAT when such doorway and communication and other works and alterations shall have been completed, all the restrictive and other covenants on the pt of the sd K., contd in the sd indre of lease, shall be applicable to the sd thereby demised premes in their then altered state in the same mner and as fully and extensively as if such premes had continued in the same state as the same are at To restore present: AND THAT the sd D., his exs, ads, or assigns party wall will, at the end or other sooner determination of the to original state. hinbefore recited lease or whenever thereunto required by the sd A., B., and C., their hrs or assigns, at the costs of him. the sd D., his exs, ads, or assigns, well and substantially

To obtain sanction of insur

ance office to alterations.

Covenants

of lease to apply to

the buildings as altered.

« EelmineJätka »