nesscth.

Parcels.

Habendum

of the sd messe has occurred, in respt whof he is entled to recover damages under such respive covts, & to enforce the power of re-entry contd in the sd lease: AND WHAS an arrangemt Agreement. has been come to betn the lessor & lessee that, in conson of the sum of £ to be pd by the lessee to the lessor, the lessee shl be dischged from all liability to rebuild the sd messe, & that the sd lease shl be confirmed with such modificons as are hinafter expd: NOW THIS INDRE WITNETH that in Witpsuance of such arrangemt, & in conson of the premes & of the sum of £- now pd by the lessee to the lessor, rect, the lessor doth hby confirm unto the lessee, ALL & SINGR the Confirmapremes comprd in & demised by the sd indre of lease: To tion. HOLD the same UNTO the lessee, for the residue of the sd term of yrs, or other the term & intt now vested in him, to lessee. dischged from all liability to rebld the sd messe, but subjt to the sd yrly rent of £, & to the covts & agrmts on the pt of the lessee & condons contd in the sd lease, save & except the covts for the insce, repair, & mtce of the sd premes, & the condon of re-entry on breach of such respive covts, so far as relates to the insce & rebldg of the sd messe. Cort by lessor for quiet enjoymt by lessee on paymt of rent & pformce of corts of lease," as hby modified." AND THE lessor doth hby rele the Release by lessee from the sd covts for the insce & rebldg of the sd messe, & from all rts of action, claims, & demands, wch the lessor now has in respt of any past or existing breach of such covts, but so that the covts, & provo or condon of re-entry for breach of covt, contd in the sd lease, shl in all other respts remain in full force, & unaffected by these psnts. IN WITS, &c.

lessor.

XXX.

CONFIRMATION by TENANT IN TAIL on his coming of
age of a VOIDABLE MINING LEASE granted by the
Tenant for Life (b).

PARTIES, A., tenant for life, 1; B., tenant in tail, 2; C., lessee,

3. Recite will devisg, inter alia, the lands & hds desed in the Recitals. indre of lease hinafter recited, & the mines & minls thrin, to

(b) See note to last Precedent.

Tenant in

Agreement.

the use of A. for life, remr to his eldest son in tail, & containg a power of leasg mines for twenty-one yrs. Death of testor & proof of his will. Voidable lease grted by tenant for life to lessee, settg out the peels fully, with the powers, liberties, privileges, & easemts thrin expd, & subjt to the exceptions, reservons, & stipulons thrin contd, set out the habendum fully, at & under the rents & royalties by the sd indre of lease reserved, & subjt to the covts by the lessee & provons in the same indre contd, & the sd lease contains divers covts on the pt of the lessee & other provons: AND WHAS the sd B. is the eldest son of the sd tail of age. A., & attned his age of twenty-one yrs on the - day of : AND WHAS the sd B., in the belief that the sd lease is benefl to owners of the hds devised by the sd will lately agrd to confirm the same, recite disentailg deed under wch hds in lease now stand limd to such uses as A. & B. shl jtly appt. NOW THIS INDRE, &c., the sd A. & B., in exercise & exon of the power or authority contd in the last recited indre, & of every other power or authority enablg them, do, & each of them doth, hby appt, & also grt, demise, & confirm unto the sd C., ALL & SINGR, the coal works, colliery, mines, beds & veins of coal & cannel, pces or pcels of land, rts, liberties, powers, easemts, & appurts, by the sd lease appted or grted, or expd to be appted or grted, except nevs & reservg & subjt to such exceptions, reservons, condons, & restrons, as in such indre Habendum of lease are expd: ToO HOLD the same premes (subjt as afsd), UNTO the sd C., his exs, ads, & assns, as from the

Witnesseth.

Demise.
Parcels.

to lessee.

Reserva

tion of

rent.

day of

the day of the commencemt of the lease, for the term of yrs: : PAYING thfor such rents, royalties, & sums of moy as wd have been payable in respt thof under the sd indre of lease, if such lease had been a valid demise durg the term thby grted, corts by C. with A. & also with B., & by A. & B. with C., "that all & singr the covts, agrmts, provons, & stipulons in the sd lease contd shl apply & be deemed to apply to the term of yrs hby grted, & to these psnts, & shl be read & construed & have effect in all respts as if the sd lease had constituted a valid demise for the sd term of yrs of the premes hby appted, grted, or demised, & as if the same covts, agrmts, provons, & stipulons had been repeated & contd in these psnts, Cort by A. & B. agst incumbces, p. 696, & for quiet enjoymt, p. 817. IN WITS, &c.

XXXI.

AGREEMENT SUPPLEMENTAL to a BUILDING AGREEMENT,
by which the LESSOR purchases IMPROVED GROUND
RENTS before the leases are granted (a).

AGRMT made the

day of, betn A., of, &c., Parties. hinafter called the lessor, of the one pt, & B., of, &c., builder, hinafter called the lessee, of the other pt, supplemtal to an agrmt, dated, &c., made betn the same pties, hinafter refd to

as the bldg agrmt. WHAS it has been agrd that in conson of Recitals. the immediate paymt by the lessor to the lessee of the sum

of

the sum of £- p.a. shl be added to the total amt of the ground rents payable under the sd bldg agrmt in mner hinafter expd, & that the terms of the same agrmt shl be orwise varied as hinafter provd; Now it is hby agrd as follows::

day of

for pur

ground

rents.

1. IN CONSON of the sum of £- pd by the lessor to the Agreement lessee upon the signature of this agrmt (the rect, &c.) the total chase of rents to be payable by the lessee or his nominees in respt of increased the land, houses, & premes compd in the sd bldg agrmt shl as from the be increased by the sum of £p.a., makg the total aggregate yrly rent so payable (inclusive of the rents reserved by the leases for the time being actually grted) as follows (that is to say), from the the day of, the yrly rent or sum of £, &c., & from the day of, durg the remr of the term of 99 yrs mentd in the sd bldg agrmt, the yrly rent or sum of £, the sd increased rents to be reserved & made payable at the like times & in like mner as provd by the sd bldg agrmt with respt to the rents thby made payable.

day of

to

(a) As to making an agreement supplemental, see p. 2, note. An agree- Stamp. ment of this kind has hitherto (it is believed) been treated in practice as requiring only a 6d. agreement stamp; but a question has been raised as to whether it does not require an ad val. conveyance stamp on the sum paid by the lessor for the purchase of the improved ground rents, either as a transfer on sale under s. 60 of the Stamp Act, 1891, or as a contract for sale under s. 59 of the Act; it would seem, however, to be a mere modification of the original agreement, and if read into that agreement it amounts merely to a reservation to the lessor out of his own property, so as not to subject it to any extra stamp duty.

Notice of the agreement should be endorsed on the original agreement.

Mode of payment.

As to leasing part of

land at a nominal rent.

Sum paid to lessee

to be a

2. THE INCREASED rents to be payable in respt of the leases remaing to be grted shl be apportioned betn such leases in such mner as shl be approved by the lessor or his surveyor, who shl also (if deemed material) determine what proportion of the rent reserved on each lease, shl be deemed pt of the sd addonal rent of £

3. THE PROVONS of the sd bldg agrmt whby it was provd that when the whole of the ultimate aggregate rent thby reserved shd have been secd, the lessee shd be entled to a lease or leases of the land remaing undemised togr with any house or houses erected thron, at the rent of £, shl take effect & be applicable when & so soon as the whole of the sd increased ultimate rent of £- shl have been secd by leases actually grted & not bfe.

[4. THE SD sum of £

pd by the lessor to the lessee as afsd shl until the sd total ultimate yrly rent of £ shl charge (a). have been secd to the lessor by leases actually grted, be deemed to be in the nature of a loan to the lessee, & shl be a charge on the intt of the lessee, under the sd bldg agrmt as hby modified.]

Building

otherwise

5. EXCEPT so far as the same is hby modified, & subjt to the agreement modificons hby made, the sd bldg agrmt shl remain in full to remain force, & shl be treated as incorpd with this agrmt so as to operate in like mner as far as may be as if the sd increased rents had been origlly reserved thby.

in force.

Declaration

against incum

brances.

6. AND THE lessee hby declares that he has not done or suffered or been party to anything whby his intt under the bldg agrmt is or can be in any way incumbered, or whby he is prevented from enterg into this psnt agrmt, or from givg a good dischge for the sd sum of £- -. IN WITS, &c.

(a) Qu.: whether this clause would not make the agreement chargeable with a mortgage stamp.

XXXII.

DEED ALTERING the COVENANTS of a MINING LEASE, and giving NEW POWERS to the LESSEE, by endorsement.

PARTIES, A., lessor, hinafter, &c., 1; B., lessee, hinafter, &c., 2. Mutual Corts.

1. THE LESSEE shl forthwith open & commce workg the Additional vein on the lands demised by the within-written indre, & shl covenant continue diligently to work the same.

by lessee.

2. NOTWG the provons within contd it shl be lful for the Additional lessee, so long as he shl diligently work the sd

vein, power to

to deposit on the sd lands all spoil or rubbish wch may be dug or raised from or wrought on any pt of the sd lands, or on or from any other adjoing mines, quarries, or works of the lessee.

lessee.

Lease to

have effect

subject to

3. THE within-written indre, & the covts, condons, & provons thrin contd, shl henceforth operate & have effect as if the covts, powers, & provons hrin contd had been embodied variations. thrin, & shl be altered & modified accdly, but shl in all other respts remain in force & unaffected by these psnts. IN WITS, &c.

XXXIII.

SURRENDER of Term under a LEASE to the REVERSIONER
in fee for life or years. VARIATION, where the lease is
RENEWABLE under the Lessor's Covenant (b).

PARTIES, A., termor, 1; B., revoner, 2. Recite lease [includg Recitals. cort for renewal], p. 357; & devolon of term to A., p. 359, & of

(b) When the surrender is made with a view to the granting of a new As to lease of the same property to the same lessee, a formal surrender may surrender generally be dispensed with, as the acceptance of a new lease which is in- of leass. consistent with the existing lease operates as a surrender by operation of law (Ive's case, 5 Rep. 11b; see also notes to Thursby v. Plant, 1 Wms. Saunders, 235; p. 277 in edition of 1871; 37 Sol. J. 539); and it has even been held that the grant, with the consent of the lessee, of a new lease to a stranger operates as a surrender (Davison v. Ģent, 1 H. & N. 744) ; but the mere oral assent of the old tenant is not sufficient unless he gives up possession at or 3 K

K.E.-VOL. I.