sary, in any such deed, to insert any such number. 14, 15 V., c. 8, s. 1. under this act (2.) Any deed, or part of a deed, which fails to take Deeds failing effect by virtue of this act, shall, nevertheless, be as to take effect effectual to bind the parties thereto, so far as the rules to be as valid of law and equity will permit, as if this act had not as if act was been made. 14, 15 V., c. 8, s. 3. not made. (3.) Every such deed, unless an exception be spe- Deed to incially made therein, shall be held and construed to in- clude all clude all outhouses, buildings, barns, stables, yards, houses, &c. gardens, cellars, ancient and other lights, paths, passages, ways, waters, water-courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances, whatsoever, to the lands and tenements therein comprised belonging, or in any wise appertaining. 14, 15 V., c. 8, s. 2. SCHEDULES TO WHICH THIS ACT REFERS. THE FIRST SCHEDULE. THIS INDENTURE, made the day of , in the year of our Lord one thousand eight , in pursuance of the act re hundred and , of the second THAT, IN CONSIDERATION of the rents, covenants, and agreements, herein after reserved and contained, on the part of the said party [or parties] of the second part, his [or their] executors, administrators, and assigns, to be paid, observed, and performed, he, [or they,] the said party [or parties] of the first part, hath [or have] demised and leased, and by these presents do [or doth] demise and lease, unto the said party [or parties] of the second part, his [or their] executors, administrators, and assigns, all that messuage or tenement situate, [or all that parcel or tract of land situate,] lying, and being (here insert a description of the premises with sufficient certainty.) TO HAVE AND TO HOLD the said demised premises for and during the term of from the eight hundred and day of , , to be computed and from thenceforth next ensuing, and fully to be complete and ended. YIELDING AND PAYING therefor, yearly and every year during the said term hereby granted, unto the said party [or parties] of the first part, his [or their] executors, administrators, or assigns, the sum of , to be payable on the following days and times, that is to say: on &c., ; the first of such payments to become due and be made on the COLUMN ONE. THE SECOND SCHEDULE. DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE. In the case of the Leasing of Lands and Tenants. (1.) Parties who use any of the forms in the first column of this schedule may substitute, for the words "lessee" or "lessor," any name or names; and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. (2.) Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the form in the first column of the schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. (3.) Such parties may introduce into or annex to any of the forms in the first column any express exceptions from, or express qualification thereof, respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. (4.) Where the premises demised are of freehold tenure, the covenants 1 to 8 shall be taken to be made with, and the proviso 9 to apply to, the heirs and assigns of the lessor; and, where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with, and apply to, the lessor, his executors, administrators, and assigns. COLUMN TWO. (1.) That (1.) And the said lessee doth hereby, for himself, the said (lessee) his heirs, executors, administrators, and assigns, covecovenants nant with the said lessor, that he, the said lessee, his (lessor) to pay executors, administrators, and assigns, will, during the said term, pay unto the said lessor the rent hereby re with the said rent. COLUMN TWO. served, in manner herein before mentioned, without any deduction whatsoever. COLUMN ONE. (2.) And also will pay all taxes, rates, duties, and (2.) And to assessments, whatsoever, whether municipal, parlia- pay taxes. mentary, or otherwise, now charged or hereafter to be charged upon the said demised premises, or upon the said lessor, on account thereof. (3.) And also will, during the said term, well and (3.) And to sufficiently repair, maintain, amend, and keep the said repair. demised premises, with the appurtenances, in good and substantial repair, and all fixtures and things thereto belonging, or which, at any time during the said term, shall be erected and made, when, where, and so often as need shall be. (4.) And also will, from time to time during the said (4.) And to term, keep up the fences and walls of or belonging to keep up fences. the said premises, and make anew any parts thereof that may require to be new-made, in a good and husband-like manner, and at proper seasons of the year. timber. (5.) And also will not, at any time during the said (5.) And not term, hew, fell, cut down, or destroy, or cause or know- to cut down ingly permit or suffer to be hewed, felled, cut down, or destroyed, without the consent in writing of the lessor, any timber or timber-trees, except for necessary repairs, or fire-wood, or for the purpose of clearance, as herein set forth. (6.) And it is hereby agreed that it shall be lawful (6.) And for the lessor and his agents, at all reasonable times that the said (lessor) may during the said term, to enter the said demised prem- enter and view ises, to examine the condition thereof, and further that state of repair, all want of reparation that upon such view shall be and that the found, and for the amendment of which notice in writ- said (lessee) ing shall be left at the premises, the said lessee, his ex- will repair ecutors, administrators, and assigns, will, within three according to calendar months next after such notice, well and sufficiently repair and make good accordingly. notice. will not assign or sub-let without leave. (7.) And also that the lessee shall not, nor will, dur- (7.) And ing the said term, assign, transfer, or set over, or otherwise, by any act or deed, procure the said premises, or any of them, to be assigned, transferred, set over, or sub-let, unto any person or persons whomsoever, without the consent in writing of the lessor, his heirs or assigns, first had and obtained. (8.) And, further, the lessee will, at the expiration or (8.) And other sooner determination of the said term, peaceably that he will COLUMN ONE. leave the premises in good repair. (9.) Proviso for re-entry by the said (lessor) on non-payment of rent or non-performance of covenants. COLUMN TWO. surrender and yield up, unto the said lessor, the said premises hereby demised, with the appurtenances, together with all buildings, erections, and fixtures thereon, in good and substantial repair and condition, reasonable wear and tear and damage by fire only excepted. (9.) Provided always, and it is hereby expressly agreed, that, if the rent hereby reserved, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid, although no formal demand shall have been made thereof, or in case of the breach or non-performance of any of the covenants or agreements herein contained on the part of the lessee, his executors, administrators, or assigns, then, and in either of such cases, it shall be lawful for the lessor, at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy, as of his or their former estate; any thing herein after contained to the contrary notwithstanding. (10.) And the lessor doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the lessee, his executors, administrators, and assigns, that he and they, paying the rent hereby reserved, and performing the covenants herein before on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the lessor, his heirs, executors, administrators, and assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them. CHAPTER VIII. LANDLORD AND TEΝΑΝΤ. (See Leases.) 879. AGREEMENT for a YEARLY TENANCY of a HOUSE. (1.) THE SAID A. B. lets to the said C. D., from the day of , [as yearly tenant,] and the said C. D. takes, as such tenant, the premises described in the schedule hereto, with their appurtenances, at the yearly rent of able by equal quarterly payments, commencing the of next. dollars, pay day (2.) THE SAID C. D. shall, at the expiration or determination of the tenancy, deliver up the premises in good order and repair, reasonable wear and inevitable accident excepted. of day of in the county of , between , (lessor,) of the one part, and in the county of , of the other part, witnesseth as (1.) THE SAID A. B. lets, and the said C. D. takes, for the period weeks from the house of the said A. B., at stabling, grounds, and gardens, and the effects specified in an inventory signed by the said C. D., paying for the above period the rent (2.) THE SAID C. D. is to replace all effects lost, broken, or rendered unfit for use during his occupation, and all windows broken during such occupation. |