or period of such abatemt the same shl be refd to arbitron psuant to the provon in that behalf hinafter contd, such abatemt to be in full for all claim for damages by the lessee agst the lessor (b).

VI. PROVD ALWAYS & it is hby agrd that if any pt of the sd [furniture] rent shl be in arrear for twenty-one days, whether legally demanded or not, it shl be lful for the lessor into & upon the sd & premes or any pt thof to enter & distrain, & the distress or distresses then & there found to dispose of in due course of law, & to apply the produce thof in or towards paymt of the sd yrly rent of £— so in arrear, & all costs, chges, & expses occasd by the non-paymt thof.

Power of distress (c).

lessee to

VII. PROVD ALWAYS & it is hby agrd that it shl be lful for the Clause lessee to pay the rent hby reserved to the superior landlord, underenabling whose rects for such yrly rent when pduced & delivered up to the lessor shl be in full satisfon & dischge of so much of the rent hby reserved as in such rects shl be expd to be reced by landlord. the superior landlord.

VIII. PROVD ALWAYS & it is hby agrd that if the lessee shl be desirous of determing this psnt lease at the expiron of the

(b) That in the absence of such a provision the tenant would be liable for the rent, see Manchester, &c. Co. v. Carr, 5 C. P. D. 507. Power is sometimes given to one or both parties to determine the lease in case of total destruction; the following may be added for this purpose: " Provd always that in case the sd messe, bldgs & premes shl be destroyed by fire or orwise as afsd so as to be wholly unfit for occupon or use, this psent lease may at the option of eir the lessor or lessee (such option to be decld in writg within such destron), be determined, the lessee in that event payg the rent hby reserved up to such determinon."

days after

:

pay rent
to superior

Power to lessee to

determine lease (d).

of power of distress.

(c) This is probably not affected by the Bills of Sale Acts, 1878 and 1882. Sometimes the common law power of distress is extended by providing :"that the power of the lessor to distrain upon the sd demised Extension premes for rent in arrear shl extend to & include any tenant's fixtures or fittings not orwise by law distrainable wch may from time to time be thron." See Smith's L. C., p. 469, note. As to the statutory restrictions on the right of distress, see above, p. 683, note. (d) This may be inserted under an ordinary leasing power; Edwards v. Millbank, 4 Dr. 606; and see Re Lander, [1892] 3 Ch. 41, ante, p. 697, note (c).

A power enabling the lessee's executors to determine the lease at the end of three months from his death is sometimes desirable.

Power to

lessor to determine

lease.

Power to either lessor or lessee to determine

lease.

The same.

Short form.

first

or

desire shl give

yrs of the term hby grted, & of such his calr months' previous notice in writg to

the lessor, or leave the same at or send the same by registered Ire to his usual or last known place of abode in England (a), & shl pay all the rent, & pform & observe all the covts hinbfe reserved & contd, & on the pt of the lessee to be pd, pformed & observed up to such determinon, then & in such case, immedly after the expiron of the sd term of or yrs, as the case may be, this psnt lease & everythg hrin contd shl cease & be void [witht prejudice to any claim by the lessee agst the lessor in respt of any antecedent breach of any covt or condon hrin contd (b)].

or

shl give

IX. PROVD ALWAYS & it is hby agrd that if the lessor shl be desirous of determing this psnt lease at the expiron of the first yrs of the term hby grted, & of such his desire calr months' previous notice in writg to the lessee, or leave the same for him on any pt of the demised premes (a), then & in such case, immedly after the expiron of the first yrs of the term hby grted, as the case may be, this psnt lease & everythg hrin contd shl cease & be void witht prejudice to any claim by eir pty agst the other in respt of any antecedent breach of any covt or condon hrin contd.

or

X. PROVD ALWAYS & it is hby agrd that, &c., continue as in form VIII. down to "determinon," or if the lessor, &c., continue as in form IX. down to "the demised premes," then & in eir of the sd cases immedly after the expiron of the sd term of

yrs or
yrs, as the case may be, this psnt demise & every-
thg hrin contd shl cease & be void, but witht prejudice, if
these psnts shl be determined by notice on the pt of the lessee,
to any claim by the lessee, &c., as in form VIII., & if these psnts
shl be determined by notice on the pt of the lessor to any
claim by eir pty, &c., as in form IX.

XI. PROVD ALWAYS that the tenancy hby created shl be

(a) Provision as to the mode of serving notices whether on the lessor or lessee is desirable, see Hogg v. Brooks, 15 Q. B. D. 256. Sometimes a general clause for this purpose is inserted. See form infra, p. 704.

(b) The words in this bracket will be inserted if there are any covenants by the lessor other than for quiet enjoyment.

determinable at the end of the first

or

yrs [at any time] by eir pty on givg to the other pty calr months' previous notice in writg [expirg at any period of the yr]. XII. PROVD ALWAYS & it is hby agrd that the lessor shl be entled, on givg written notice of his intention in that behalf to the lessee at least one calr month bfe the determinon of this psnt demise, or within one week after the determinon thof by re-entry, to pchase from the lessee any addl machy, or effects of the nature of the machy or effects descd in the schdle hto, wch may durg this demise be put up or erected in or upon the sd premes by the lessee, at a valuon, to be made by two psons, one to be appted by each pty or their umpire. And in case the lessor shl not so agree to pchase the same, it shl be lful for the lessee to remove the same at the expiron of this demise, or within a reasble time thrafter (e).

Power to

lessor to purchase machinery

at end of

lease (d).

lessee to

purchase

XIII. PROVD ALWAYS & it is hby agrd that if the lessee shl bfe Power to the day of give to the lessor, or leave at his last known place of abode in England six calr months' notice (g) of the desire of the lessee to pchase the fee simple of the premes hby demised, then the lessor shl, on the expiron of such notice,

(d) See also LEASES, MINING. As to the rights in respect of fixtures in case of the tenant's bankruptcy, see Ex p. Gould, 13 Q. B. D. 454; Re Moser, ib. 738.

(e) As to the right of a lessee to remove fixtures belonging to him after giving up possession, see Woodfall, L. & T. p. 678 et seq.

the freehold (f).

(ƒ) The benefit of the option of purchase if not exercised by the lessee in As to his lifetime goes with the lease to his personal representatives and not to option of his heir, Re Adams, 24 Ch. D. 199; 27 Ch. D. 394. On the other hand, the purchase. exercise of the option after the death of the lessor has been held as between his real and personal representatives to operate retrospectively, so that the purchase-money is part of his personal estate, Lawes v. Bennett, 1 Cox, 167; Re Isaacs, [1894] 3 Ch. 506; Re Pyle, [1895] 1 Ch. 724. An option of purchase in a lease (however unrestricted as to time), is apparently not open to objection on the score of perpetuity, see London & S. W. Rail. Co. v. Gomm, 20 Ch. D. 562, at p. 579; see 39 Sol. J. 618. The option of purchase does not make the lease liable to any extra stamp duty, Worthington v. Warrington, 5 C. B. 635.

Trustees in the absence of express power, and executors and administrators, Power of cannot lease with an option of purchase, Oceanic, &c. Co. v. Sutherberry, 16 limited Ch. D. 236; and a tenant for life or other donee of an ordinary leasing owners to power is under the same disability; but in the case of building leases or give. agreements therefor under the Settled Land Act, 1882, this is now authorised under certain restrictions by the Settled Land Act, 1889 (52 & 53 Vict. c. 36). (g) As to the notice, see Riddell v. Durnford, W. N. 1893, p. 30.

Provision as to notices to

lessee or

lessor (a).

Arbitra

tion clause `(b).

Costs of

agreement, &c.

& upon paymt of the sum of £ togr with intt thron at the rate of p.c. p.a. from the expiron of such notice till the complon of the pchase, & of all rent hby reserved up to such expiron, assure the sd premes unto the lessee for an este in fee simple in posson, free from incumbces, except, &c. Provd also that the title of the lessor to the premes havg been already investigated & approved of by the lessee shl be deemed to be accepted by him up to the date of these psnts.

XIV. PROVD ALWAYS & it is hby agrd that any demand of paymt or notice requirg to be made upon or given to the lessee shl be well & sufftly made or given if sent by the lessor through the post by registered Ire addressed to the lessee at the sd demised premes or left for him at the sd premes & that any notice requirg to be given to the lessor shl be well & sufftly given if sent by the lessee through the post by registered Ire addressed to the lessor at his usual or last known place of abode or business or left for him at such place. And that any demand or notice sent by post in eir case shl be assumed to have been delivered in the usual course of post.

XV. AND IT IS HBY DECLD that if at any time hrafter any dispute, doubt, or question shl arise betn the lessor & the lessee, touchg the constron, meang, or effect of these psnts, or any clause or thing hrin contd, or their respive rts or liabilities under these psnts or orwise in relon to the premes, [or in case any valuon shl require to be made under the provons hinbfe contd,] then every such dispute, doubt, question, [estimate, or valuon,] shl be refd to the arbitron or decision of two indifferent psons, one to be appted by each pty, & these psnts shl be deemed to be a submission to arbitron within the Arbitron Act, 1889, or any statutory modifon or re-enactmt thof for the time being in force.

XVI. THE COSTS & expses of & incidental to the preparon & exon of this agrmt & of the [every] lease & counterpt to be exted psuant thto, shl be pd by the lessee [& lessor in eql shares, or, "accdg to the scale chge."]

(a) See p. 702, note (a).

(b) See the Arbitration Act, 1889 (52 & 53 Vict. c. 49), and supra, ARBITRATION. As to the scope of an arbitration clause in a lease, see Turnock v. Sartoris, 43 Ch. D. 150.

PRELIMINARY NOTE.

limited

Settled

estates.

Settled

Estates

It may be convenient here to mention some powers of leasing possessed Leasing by limited owners. As regards settled estates, a tenant in tail can grant a powers of lease of any nature by deed enrolled under the Fines and Recoveries Act, owners, 3 & 4 Wm. IV. c. 74 (see s. 21), and can under s. 41 grant without enrolment a lease for not exceeding 21 years, where the rent is not less than five-sixths of the rack-rent; and a tenant for life or pur autre vie can, under the Settled Estates Act, 1877, 40 & 41 Vict. c. 18, ss. 46, 47, 48, 54 (but see s. 57, and as to copyholds, s. 56), grant leases, except of the principal mansion- Act, 1877. house, &c., for any term not exceeding 21 years at rack rent, and subject to other ordinary restrictions. The powers given by the last-mentioned enactment can by s. 49 be exercised on behalf of an infant, lunatic, or bankrupt tenant for life, &c., by his guardian, committee, or trustee respectively; as to married women, see ss. 50-52. See also as to the exercise of leasing powers vested in lunatics, the Lunacy Act, 1890, 53 Vict. c. 5, ss. 120 (h), 122, 124; and as to fines, s. 123 (2); as to lunatics not so found, see s. 116 (2, 3). Other leases of settled estates can be granted with the sanction of the Court under the Settled Estates Act, 1877, and in the case of an infant tenant in fee or in tail under 11 Geo. IV. & 1 Wm. IV. c. 65, s. 17 (referred to below). Questions have arisen under the Settled Estates Acts as to what is a sufficient title to the possession or receipt of the rents to bring a case within the Acts; see Taylor v. Taylor, 20 Eq. 297; In re Dendy, 4 Ch. D. 879; Vine v. Raleigh, 24 Ch. D. 238; and as to the effect of the usual minority clause in the case of an infant, see 4 Dav. 414, note (but the effect of the minority clause in the Conv. Act, 1881, s. 42, might be different). But all the above-mentioned enactments relative to settled estates are practically, to a great extent (save as regards the unlimited power of a tenant in tail under s. 21 of the Fines and Recoveries Act), superseded by the Settled Settled Land Act, 1882, 45 & 46 Vict. c. 38, which applies to all settlements and Land Acts. agreements for settlements by deed, will or otherwise, existing as well as future, of lands of any tenure (s. 2); as to settlements by way of trust for sale, see s. 63 as amended by the Act of 1884, 47 & 48 Vict. c. 18, s. 7, above, p. 466, note. By the Act of 1882, tenants for life as defined by s. 2 (5, 6, 7), and tenants in tail and other limited owners as defined by s. 58, are invested with very large powers of leasing, with or without fine (ss. 6—13, 16, 17, 20, 31), subject to the restriction as to the principal mansion-house and land usually held with it imposed by the Amendment Act of 1890, 53 & 54 Vict. c. 69, s. 10, substituted for s. 15 of the Act of 1882, above, p. 460; fines being payable to the trustees to be dealt with as capital (see the Act of 1884, s. 4). See also the Amendment Act of 1889 (52 & 53 Vict. c. 36), enabling an option of purchase to be given to the lessee. As to leases for erection of artizans' dwellings, see S. L. Act, 1890, s. 18, and 53 & 54 Vict. c. 70, repealing, and by section 74 re-enacting 48 & 49 Vict. c. 72, s. 11 (1). As to leases to a County Council, see 55 & 56 Vict. c. 31, ss. 12, 13. As to giving notice of the intended lease to the trustees, see the Act of 1882, s. 45, as amended by the Act of 1884, s. 5, and as to leases for twenty-one years or less by the S. L. Act, 1890, s. 7, above, p. 465. As to who are trustees of the settlement for the purposes of the S. L. Acts, see the Act of 1882, s. 2 (8), and the Act of 1890, s. 16, and the query, supra, p. 463, note, as to whether the latter clause applies to leases. See also the Act of 1882, ss. 50, 53, 54, and the saving clauses (ss. 56, 57), as to the powers contained in the settlement.

K.E.-VOL. I.

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