proper lease of the said premises to the said C. D., his executors, administrators, or assigns, for the term and at the rent aforesaid, to be payable as aforesaid. THAT THE SAID lease shall contain covenants on the part of the said C. D., his executors, administrators, and assigns, for payment of the said net yearly rent of dollars, on the days and in manner aforesaid; AND for payment of all existing and future taxes, rates, and outgoings; AND to keep the said premises in good and sufficient condition and repair; AND in such good and sufficient condition and repair to deliver up the same, with all new fixtures and other additions, to the said A. B., his heirs or assigns, at the expiration or other sooner determination of the said term; AND to keep the said messuage and buildings insured against loss by fire in a sum not less than dollars; AND at all times, when required, to produce the policy or policies of such insurance, and the receipts for the premiums in respect of the same, to the said A. B., his heirs or assigns; AND ALSO not to assign or underlet the said premises without license in writing from the said A. B., his heirs or assigns; AND not to carry on, or permit to be carried on, on the said premises, any noisome or offensive trade, business, or occupation. THAT THE SAID lease shall also contain a proviso for re-entry by the said A. B., his heirs or assigns, on non-payment of the said yearly rent of dollars, or any part thereof, for twenty-one days next after any of the said days on which the same, or any part thereof, shall become due, and whether the same shall have been legally demanded or not, or on the non-observance or non-performance of any of the covenants in the said lease to be contained, and on the part of the said C. D., his executors, administrators, or assigns, to be observed or performed. THAT THE SAID lease shall contain a covenant, on the part of the said A. B., his heirs or assigns, that the said C. D., his executors, administrators, and assigns, may, on due payment by him and them of the said yearly rent to be reserved as aforesaid, and on the observance and performance of the covenants in the said lease to be contained, and on his and their part to be observed and performed, quietly enjoy the premises to be demised, without eviction or disturbance by the said A. B., his heirs or assigns, or any person lawfully claiming through or in trust for him or them. THAT THE SAID C. D., his executors, administrators, or assigns, shall duly execute and deliver to the said A. B., his heirs or assigns, a counterpart of the said lease. THAT THE SAID lease and counterpart shall be prepared by the solicitor of the said A. B., his heirs or assigns, and that the expenses of preparing and executing this agreement and the said lease and counterpart, and all other incidental expenses, shall be paid by the said A. B., his heirs or assigns, and the said C. D., his executors, administrators, or assigns, in equal shares. LASTLY, THAT, until the execution of the said lease, the said premises shall be held by the said C. D., his executors, administrators, and assigns, at the rent aforesaid, and subject to the covenants and conditions to be contained in the said lease, as aforesaid, so far as the rules of law will permit. IN WITNESS WHEREOF, the parties hereto have hereunto set their 843. AGREEMENT for the LEASE of a DWELLING-HOUSE situate in a town, to CONTAIN the USUAL and some SPECIAL COVENANTS. of , , (1.) ARTICLES OF AGREEMENT, made and entered into, this day of , A. D. 18 between A. B., of in the county of , and Province of Canada, (lessor,) for himself, his heirs, executors, and administrators, of the one part, and C. D., of in the county , and province aforesaid, (lessee,) for himself, his executors and administrators, of the other part. of of , (2.) THE SAID A. B. doth by these presents agree to grant, and the said C. D. to take, a lease by indenture of all that messuage or dwelling-house, with the garden and appurtenances thereunto belonging, being No. , and situate in of of , street, in the , in the in the county of for the term of years, to commence on the day of next, at the yearly rate of dollars, payable, by four equal quarterly portions, [clear of all rates, taxes, and assessments, whatsoever,] on the of , , the day of the and the day of quarterly payment to become due and be made on the , day of day ; the first day of next; [or "clear of all rates, taxes, and assessments, whatsoever, which now are, or at any time during the continuance of the said term may be, assessed or imposed upon the said premises, or on the said A. B., on account of the rent reserved in respect thereof, by authority of Parliament, or otherwise howsoever."] (3.) AND IT IS HEREBY FURTHER AGREED that such lease shall contain the following covenants on the part of the said C. D., viz. : (4.) THE SAID C. D. shall covenant to pay the yearly rent at the several days and times herein before mentioned for payment thereof, and without deduction, as aforesaid. (5.) ALSO TO PAY all rates, taxes, and assessments which shall be made on the said premises, or on the tenant or occupier thereof, including rates [if any] for paving, lighting, and sewers. (6.) ALSO to keep the said messuage and premises, during the said term, in as good a state and condition as the same are now in, and so leave and deliver up the same at the end or sooner determination of the said term, fair wear and tear, and accidents by fire, flood, storm, or tempest excepted. (7.) ALSO not to assign or underlet the said messuage and premises, or any part of the same, without the previous consent in writing of the said A. B., his heirs or assigns. (8.) ALSO not to use or exercise, or permit to be carried on, the trade or business of a tavern-keeper, licensed victualer, retailer of spirituous liquors, beer-shop keeper, eating-house keeper, oyster seller, tea or coffee-house keeper, tripe boiler or seller, vendor of coals, tallow chandler, tallow melter, soap boiler, sugar baker, working hatter, common brewer, distiller, slaughterman, butcher, baker, dyer, fellmonger, fishmonger, pipemaker, trunkmaker, coachmaker, working brazier, tinman, plumber, painter, oilman, smith, farrier, tanner, tawer, currier, or any other noisome or offensive trade or business whatsoever, or convert the said premises into a school or a private lunatic asylum; or to bring, or suffer to be brought, placed, or lodged, upon the said premises, or upon any part of the same, any pitch, tar, turpentine, vitriol, tallow, oil, flax, hemp, or gunpowder, or any other goods or materials of such a nature or quality as may in any way tend to invalidate any insurance against damage by fire now or hereafter to be made on the said premises. (9.) ALSO that the said lease shall contain a proviso for determining the said term at the end of the first three, five, or seven years thereof, at the option of the said A. B. or C. D., upon giving to the other of them six calendar months' notice in writing. (10.) ALSO that the said lease shall contain a proviso empowering the said A. B. to re-enter on the said premises, and avoid the said term, in case of non-payment of the reserved rent by the space of twenty-one days after the same shall become payable; or in case of non-performance of any of the covenants of the said lease on the part of the said C. D. to be observed and performed. (11.) ALSO a proviso for the abatement or suspension of the rent during such time as the said premises may remain untenantable or useless in consequence of destruction or damage by fire, flood, storm, or tempest. (12.) ALSO a covenant on the part of the said A. B., his heirs or assigns, to rebuild or repair such premises, so destroyed or damaged by fire, flood, or tempest, as aforesaid, as soon as conveniently may be after such accidents shall occur. (13.) AND IT IS HEREBY FURTHER AGREED that, notwithstanding the said messuage and premises shall be so destroyed or damaged, by fire, flood, storm, or tempest, as aforesaid, either before the commencement or during the continuance of the said term, this agreement shall not be avoided thereby, but shall, nevertheless, continue in force in the same manner as if those accidents had never taken place, but subject to such suspension or abatement of the rent during such time as the said premises shall remain wholly or partially useless or untenantable; and, in case any dispute shall arise respecting the amount of such suspension or abatement, the same shall be determined by the award of two arbitrators and an umpire, in the usual manner. (14.) AND IT IS HEREBY MOREOVER AGREED that the said A. B. shall covenant that, subject to the payment of the rents and performance of the covenants by the said C. D., the said C. D., his executors, administrators, and assigns, shall peaceably and quietly hold and enjoy the said premises for the term thereby demised. (15.) AND, LASTLY, it is hereby agreed that this instrument shall operate as an agreement for a lease, and not as a lease. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year first above written. SIGNED in presence of E. F. } Α. Β. C. D. 844. AGREEMENT for LETTING a HOUSE for THREE YEARS, with USUAL STIPULATIONS. of (1.) MEMORANDUM OF AN AGREEMENT made and entered into, this , between A. B., of of , and Province of Canada, , (landlord,) of the one part, and C. D., of day of , in the county of , (tenant,) of the other part. , and province aforesaid, day of (2.) THE SAID A. B. hereby agrees to let, and the said C. D. hereby agrees to take, from the for the term of three years, ALL, &c., (describe the property,) at the yearly rent of on the dollars, payable by four equal quarterly payments, day of day of day of and the day in every year; the first payment to be made on the day of next. , (3.) THE SAID C. D. agrees to pay the said rent at the several days and times as aforesaid. (4.) ALSO to pay the rates, taxes, and all outgoings of every kind and description, whether local or parliamentary, which, during the said term, shall be charged, assessed, or imposed upon the said premises, or the landlord or tenant in respect thereof. (5.) ALSO to keep the glass of the windows and all internal parts of the said premises in repair, and so leave the same at the end of the said term, accidents by fire, flood, or tempest only excepted. (6.) AND ALSO shall not assign, underlet, or part with the possession of the said premises without the consent in writing of the said A. B., nor use the same other than and except as a private dwelling-house. (7.) AND THE SAID A. B. agrees to keep all the external parts of the said premises in good repair. (8.) AND IT IS HEREBY ALSO MUTUALLY AGREED between the said A. B. and C. D. that a lease, pursuant to the above terms, and containing a covenant for payment of the rent on the several days hercin before mentioned, and all other usual clauses, covenants, conditions, and agreements, shall be at any time prepared and executed by the said A. B., at the request and costs of the said C. D., and shall also contain a proviso that, if the said rent shall be unpaid twenty days after any or either of the said days of payment, or if the said C. D. shall make default in performing any of the covenants, conditions, and agreements to be contained in the said lease, on his part to be observed and performed, it shall be lawful for the said A. B. to re-enter and determine the tenancy of the said C. D. (9.) ALSO that the said term hereby agreed to be granted shall, at the option of the said A. B., determine, and the said A. B. have an immediate right of entry, in case the said C. D. shall assign, underlet, or part with the possession of the said premises, without such license as aforesaid, or in case the said C. D. shall become bankrupt, or take or attempt to take the benefit of any act for the relief of insolvent debtors, or shall permit any writ of execution to be levied upon his goods. (10.) PROVIDED ALWAYS that this instrument shall not operate as a lease or present demise of the said premises, or any part thereof, but as an agreement for a lease. AS WITNESS our hands, this SIGNED, &c., (as in n. 843.) day of 18 , 845. TERMS between LANDLORD and TENANT for LETTING a MESSUAGE FARM. of (1.) TERM to be (insert duration of term,) commencing on the and so to continue until the landlord, or his agent, or the tenant, shall determine the same by giving six , 29* 341 |