bill of sale. To reside. To keep PREC. XVII. boards & placards"; to permit lessor to enter & view & to repair Conduct to forfeit (a). to acts Boes not attly of underlessee Bayant & Hauluch 1898 1215716 (a) See form of covenant for payment of sum as liquidated damages on conviction for any offence against the licensing Acts, 39 Sol. J. 485. (b) See Wooler v. Knott, 1 Ex. D. 124, 265; Fleetwood v. Hull, 23 Q. B. D. 39. A covenant to insure the excise licences with a company doing that class of business might be added. annoyance. brew. lessors only. actg superintendent for the time being of any police force or PREC. XVII. the inhabitants of the sd parish as to the conduct or managemt of the sd house & premes, shl be conclusive evidce of a breach of this psnt covt: AND ALSO that the lessee will use the Use premises only sd premes durg the sd tenancy as a tavern or licensed victuallg as publichouse only, & for no other ppose, so long as the necy licences house. can be obtd: AND WILL not do or suffer to be done upon the Not cause sd premes anything wch may be or grow to the damage or annoyce of the lessors [& will not brew or permit to be brewed Not to upon or about the sd premes, any beer, ale, porter, or other malt liquors]: AND ALSO that the lessee will deal exclusively Deal with with the lessors or their succors in business [or nominees] for all porter, &c., as above, wch shl be sold or consumed upon the sd premes or shl be brought thron to be so sold or consumed: And WILL not on any pretence whatsr pchase, take in, or rece, or have in his posson, or directly or indirectly sell or dispose of or permit the sale, disposal, or consumption in or upon the sd premes of any such articles other than such as shl have been pchased or taken of the lessors, or their succors in business [or nominees], provd they shl be willing to supply the same to the lessee at the fair market price (c), & the fact of any barrel other than such as are supplied by the lessors being upon the sd demised premes (whether empty or not) shl be conclusive evidce of a breach of this covt: AND FURTHER Lessors to have that the lessors shl be entled to a chge on the intt of the charge for tenant in the sd demised premes & the tenant's fixtures (if goods supplied any) now or for the time being thrin (but excludg psonal (). chattels within the meang of the Bills of Sale Acts, 1878 & 1882) for the amt from time to time owing from the lessee to the lessors for goods supplied: AND ALSO that the lessee will Permit permit the lessors, or any pson appted by them, at any time to enter & inspect all cellars, vaults, or stores belongg to or in view and the occupon of the lessee (wheresr situate), & the stock of ale, accounts. lessors to enter and to examine As to supplied. (c) See Luker v. Dennis, 7 Ch. D. 227; Edwick v. Hawkes, 18 Ch. D. 199. (d) See p. 744, note. As to fixtures, see the Bills of Sale Act, 1878, s. 4 (2), charge and s. 7. This charge, though equitable only, being by deed, will carry with for goods it the remedies conferred by the Conv. Act, 1881, s. 19; see definition of "mortgage" in s. 2. The clause subjects the deed to a mortgage stamp in addition to the lease stamp; but at the rate of 18. per cent. only under the Stamp Act, 1891, sched. "Mortgage"; and see s. 88 (2) as to mortgages for unascertained amounts. To pay monthly. tion of term to transfer licences. Make ap plications for renewal of licences. PREC. XVII. beer, porter, or malt [or spirituous] liquors in the same, & also to inspect & examine the books & accts of the business carried on by the lessee upon the sd premes: AND WILL pay & settle with the lessors or their succors in business for all articles & things supplied by them to the lessee once in every On expira calr month or oftener if required durg the sd term: AND ALSO will at the expiron or sooner determinon of the sd term deliver up to the lessors, or their nominees or nominee, & do all necy acts for transferrg to them or him the then existg licences (magisterial & excise), on being pd the fair proportion for the unexpired term thof: AND THAT such licences if not so delivered & transferred shl be considered as lost or wilfully withheld by the holder thof so that the magistrates may rece a copy thof under the 41st section of the Licensing Act, 1872 (a): AND WILL also sign any notices, & make any applicons for the transfer or renewal of the licences wch the lessors may require: AND WILL at his own expse attend, if required, bfe the justices in pson, & consent to any such transfer or renewal: AND THAT it shl be lful for the lessors or any pson appted by them in that behalf, & they, or he, are, or is hby irrevocably empowered to apply for & sign, give, & do in the name & as the agents or agent of the lessee, all notices & acts necy for obtaing such transfer or renewal as afsd as the case may be, & on the hearg of any such applicon the prodon of these psnts shl be conclusive evidce agst the lessee of his consent to such transfer or renewal being made, & he shl not be at liberty then or thrafter to oppose or question such transfer or grt (b) AND ALSO that the lessors may at any time remove any sign or other boards & placards affixed to the sd premes, whether externally or internally, & may at any time affix thto such sign or other boards & placards with such inscriptions thron as they may think fit, & that the lessee will not remove, efface, alter, or intermeddle with the same, or affix any other sign or other boards or placards to the sd premes: Provo for re-entry in case of non-paymt of rent, or breach of cort, or bkptcy, de. (c), Power for lessors to apply for renewal of licences. Power for lessors to alter signs. As to power of Court to relieve (a) See the Licensing (Evidence) Act, 1884. (b) See Garrett v. Justices of Middlesex, 12 Q. B. D. 620. (c) The power given to the Court by s. 14 of the Conv. Act, 1881, to relieve against forfeiture of a lease for breach of covenant, &c., is, by sub-s. (6), not to extend to a covenant or condition against assignment, &c., or to a "or if the lessee shl be convicted of any offence agst any of PREC. XVII. the laws affectg publicans or licensed victuallers," p. 698 (d). Cort by lessors for quiet enjoymt, p. 695; to insure, "the sd Covenants demised messe & premes includg the fixtures & fittgs specified by lessors. in the scdle hto, & any other fixtures & fittgs wch may at any To insure. time durg the sd term be affixed to the demised premes with the consent of the lessors, includg trade fixtures & fittgs," agst fire," & the plate-glass windows & mirrors agst loss or damage by accident," p. 686, mutatis mutandis ; & that the lessors will durg the sd term supply the lessee with such beer, ale, porter, To supply & other malt liquors as he may require, but not after the lessee shl have contracted a debt to them for goods supplied to the amt of £ until such debt shl be fully pd & satisfied. IN WITS, &c. [Schdle of Fixtures, &c.] beer. The Schdle above refd to. condition for forfeiture on bankruptcy or taking in execution; and the against provision in the Conv. Act, 1892, 55 & 56 Vict. c. 13, s. 2, sub-s. (2), by which forfeiture sub-s. 6 of the former Act is qualified does not apply to public houses or beershops, see sub-s. (3) (c). (d) As to the omission of the power to effect a forcible entry, which is frequently found in such leases, see above, p. 699, note. Having regard to the risk of a renewal of the licences being refused merely because the authorities wish to diminish the number of public houses, it may be proper in the interest of the tenant to insert "PROVD also that if at any time the renewal of the sd licences or any of them shl be refused for any cause other than the act, default, or misconduct of the lessee or of any other pson in occupon of the demised premes, & the lessee shl be desirous," &c., continue power to lessee to determine lease, p. 701. of lease. PREC. XVIII. Recitals. Title of lessor. XVIII. LEASE, with the CONCURRENCE of several distinct sets of PARTIES, the serl sets of mtgees of the first four parts; A. (hinafter called the lessor, wch expression, &c., see p. 670), 5; B. & C. (hinafter called the lessees, wch expression, &c.), 6; D., recer, 7: WHAS the lessor is entled to the freehd hds descd in the first schdle hto for an este in fee simple, & to the leasehd hds desed in the sd first schdle for the respive residues of the sevl terms expirg at the dates thrin mentd, subjt as regards the sd hds to the mtges or chges descd in the second schdle hto [some of wch affect the whole & other pts only of the sd hds]; & the sd mtge debts are now resply vested in the sevl psons whose names are written in the second column of the sd second schdle opposite the description of instrumt by wch each such mtge or chge was affected, wch last-mentd psons are the same psons as the pties hto of the first four pts & are hinafter collectively refd to as the mtgees (wch expression shl, where the context so admits, include their respive hrs, exs, ads, & assns); AND WHAS the hds descd in the first pt of the sd first schdle are now used as a brewery, known as the and public Brewery, & are hinafter refd to as the brewery, & the hds descd in the second pt of such first schdle are public-houses, pchased or taken on lease by the lessor, & the same are hinafter refd to as the public-houses: AND WHAS the lessor is also entled to the coppers, boilers, engines, machy, plant, & effects, now affixed to the soil of the brewery, subjt so far as the same are included thrin to the sd mtges & chges [or some of them]: Agreement AND WHAS the lessor has agrd to grt the lease hby effected to the lessees, & the mtgees have agrd to join in these psnts for the pposes & in the mner hinafter appearg: NOW THIS Premises used as brewery houses. Title of lessor to plant. for lease. Witnesseth. (a) For other forms of leases by mortgagor and mortgagee, see the next Precedent and LEASES MISCELLANEOUS. |