II.

LICENSE under Seal by Lessors to LESSEE to make
ALTERATIONS in BUILDINGS (c).

covenant

Present owners of

lease,

and rever

make alterations in

THIS INDRE, &c., pties; A., B., & C., lessors (hinafter called the landlords), 1; D., lessee (hinafter called the lessee), 2. Recite lease to K., & in the sd lease is contd a covt on the pt Recitals. of the sd K., not to erect any bldg nor increase the height of Lease conany eron, or bldg in the yard or garden of the sd demised taining premes, nor cut, injure, or alter any of the ppal walls or not to alter buildings. timbers of, nor make any alteron in the thby demised premes witht having first obtd the license & consent in writg of the lessors. AND WHAS the sd premes have become legally vested in the lessee for the remr of the sd term of 21 yrs, subjt to the rent & covts of the sd lease: AND WHAS the revon in fee of the sd premes expectant on the determinon of the sd term sion. is now vested in the landlords: AND WHAS the lessee is desirous Applicaof opening a doorway in the pty wall at the rear of the sd premesse for demised by the sd lease, & of formg a communicon betn the license to same & the adjoing messe now in his occupon, & of makg & executing certn other works & alterons in the sd demised buildings. premes accdg to a plan & specificon prepared by him, & he has accdly applied to & reqted the landlords to grt him their license for those pposes, & such applicon & the sd plan & specificon having been submitted to their surveyor & approved by him, the landlords have agrd to grt such license subjt as hinafter mentd, & the lessee in conson thof has agrd to enter into the covts hinafter contd: NOW THIS INDRE WITNETH, Witthat in conson of the premes & of the covts hinafter contd on the pt of the lessee, the landlords do hby give & grt unto the Grant of lessee, his exs, ads, & assns, their full license & permission to make the sd doorway in & through the pty wall of the sd specified demised premes, & to form a communicon betn the same & the sd messe now in the occupon of the lessee, & also to make & exte the other works & alterons hinbfe refd to, & wch are parlarly delineated & descd in the sd plan & specificon, provd the same be done within the period of three calr months from

(c) See note to last Precedent.

nesseth.

license to make

alterations.

Covenants by lessee.

To make specified

within a

certain

time.

To obtain

sanction of insurance

office to alterations.

the date hrof, & under the superintendce & to the satisfon of the surveyor for the time being of the landlords, their hrs or assns: AND THIS INDRE ALSO WITNETH that in conson of the license hinbfe given, the lessee doth hby covt with the landlords, their hrs & assns, THAT he, the lessee, his exs, ads, or assns will, within the sd period of three calr alterations months from the date hrof, make the sd doorway & communicon, & exte the other works & alterons afsd in a good & substantial mner with pper materials under the superintendce & to the satisfon of the surveyor for the time being of the landlords, their hrs or assns, AND WILL bfe makg such alterons, communicate the parlars thof to the directors of the Insce Co, in wch office the sd demised premes are insured agst fire, & obtain the consent of the sd directors to the sd alterons, Covenants AND THAT when such doorway & communicon & other works & alterons shl have been completed, all the restrictive & other covts on the pt of the sd K., & provons contd in the sd indre of lease, shl be applicable to the sd thby demised premes in their then altered state in the same mner & as fully & extensively as if such premes had continued in the same state as the same are at psnt, AND THAT the lessee, his exs, ads, or assns will, at the end or other sooner determinon of the hinbfe recited lease or whenever thrunto required by the landlords, their hrs or assns, at the costs of him the lessee, his exs, ads, or assns, well & substantially brick up the opening made in the sd pty wall & restore the same in such mner as the surveyor for the time being of the landlords, their hrs or assns, shl direct, & to his or their complete satisfon. IN WITS, &c.

of lease to apply to the buildings as altered.

To restore party-wall to original state.

Recitals.

As to

III.

LICENSE, under seal, by lessor to LESSEE to CONTINUE
Alterations made in Buildings in BREACH of the
COVENANTS of the Lease (a).

THIS INDRE, &c., pties, A., lessor, hinafter called the landlord, 1; B., lessee, hinafter called the tenant, 2: Recite

(a) See note to Precedent I. Probably this need not be under seal. By

has made

of cove

to grant

alterations.

license,

lease to K., & that lease is vested in B., & revon in A., as in Lease. last form: AND WHAS the tenant has recently made alterons That lessee in the sd premes, specify nature of alterons: AND WHAS the alterations alterons so made by the tenant in the sd premes, are con- in breach sidered to be wholly or to some extent an infringemt of, or nants. unauthorised by the covts & provons in the sd indre of lease contd: AND WHAS the landlord has agrd in conson of the Agreement paymt to him by the tenant of the sum of £, to waive to waive by lessor his rts in respt of any breach of the covts of the sd lease so license for committed by the tenant, & to grt to him such license to continue such alterons, & orwise, as is hinafter contd, subjt as hinafter mentd: NOW THIS INDRE WITNETH that Witnesseth. in psuance of the sd agrmt & in conson of the sum of £now pd by the tenant to the landlord, rect, the landlord doth Lessor hby (so far he is affected by or concerned in the same) give grants & grt unto the tenant, his exs, ads, & assns, full liberty & license to continue & maintain durg the residue of the sd term of yrs the sevl alterons made by him in the sd demised premes as hinbfe mentd: AND DоTH hby waive & and waives rele all claim to damage or rt of re-entry upon the sd demised damages premes, & other rts wch may have accrued to him, the entry in landlord, by reason of any breach of any of the covts or alterations. condons of the sd lease committed by the tenant in respt any of the alterons or mres hinbfe mentd. PROVD always Proviso & it is hby agrd & decld, that the license & waiver hinbfe that license shall apply contd shl extend only to the specific alterons & mres hinbfe only to expressly mentd, & shl not be deemed to authorise any further or other alterons in the sd premes, or to operate as a waiver or rele of the covts or condons of the sd lease further or orwise, AND THAT the sd lease & the covts on the pt of the lessee That lease thrin contd for keepg the sd premes in repair & restrictive of extend to the rt to make alterons thrin, & all other the covts & condons alterations. thrin contd, shl henceforth be construed & operate & take effect in all respts in like mner as if the alterons afsd had been made in the sd demised premes previously to the date of the sd lease. IN WITS, &c.

of

and re

respect of

specific

alterations.

shall

the Conv. Act, 1892, 55 & 56 Vict. c. 13, s. 2 (1), the waiver of the right of waiver of re-entry for breach of covenant is not to affect the lessor's right to recover right of expenses incurred in reference to the breach.

re-entry.

Parties.

Recitals.

Title to reversion.

IV.

LICENSE by tenant for LIFE (a) to LESSEE to keep a public-house in CONSIDERATION of lessee being RESTRICTED from ASSIGNING, &c., without license, and DEFEASANCE extending CONDITION of re-entry (ENDORSED on the lease and counterpart).

PARTIES, A., equitable tenant for life, hinafter called the landlord, wch expression shl be deemed to include his succors in title where the context so admits, 1; B., hinafter called the lessee, wch expression shl be deemed to include his exs, ads, & assns, where the context so admits, 2. C. & D., trees, 3. WHAS the revon of the premes comprd in & demised by the within-written indre expectant on the term thby grted is now vested in the landlord as equitable tenant for life under the will of, &c., & the legal este in the same revon Agreement. is now vested in the sd C. & D. as trees of the sd will. AND WHAS the lessee has applied to the landlord for his license to him, the lessee, to carry on the business of a licensed victualler or publican on the sd demised premes, wch license the landlord has agrd to give to him for a term of yrs as hinafter mentd on condon that the lessee shl henceforth be restricted from assng or underlettg the sd demised premes witht license in manner hinafter expd: NOW THIS INDRE WITNETH that in conson of the covt & grt on the pt of the lessee & provons hinafter contd, & of the premes, the landlord doth hby give & grt unto the lessee full license & permission to use the premes comprd in & demised by the within-written indre for the pposes of the business of a licensed victualler or publican for a term of yrs from the date of these psnts, but so that the sd demised premes shl not after the expiron of such term be used for any such ppose witht a further license for that ppose & so that in the event of any breach by the lessee of

Witnesseth.

License.

Power of

tenant for

license or

(a) Although there is a remarkable absence of authority or dicta on the subject in the books, the power of a tenant for life or of trustees or other life to give limited owners to grant a license to do any act for which it is required by the lease, or to waive a forfeiture for breach of covenant by accepting rent or otherwise, cannot be questioned, such a power being a necessary incident of ordinary management.

waive forfeiture.

not to

assign, &c.

the covt agst assning or underlettg witht license hinafter contd, the license hinbfe contd shl thrupon cease & be forfeited: AND THIS INDRE ALSO WITNETH that in conson of the Covenant license hinbfe contd & of the premes the lessee doth hby covt with the landlord & also as a septe covt with C. & D., the psnt trees of the sd will, their hrs & assns, that the lessee shl not at any time hrafter make any assnmt or underlease or pt with the posson of the sd demised premes or any pt thof witht the license or consent in writg of the landlord first had & Defeasance. obtd, & doth hby further covt with & grt unto the landlord & also septely with & to the sd trees, their hrs & assns, that the provo or condon of re-entry by the within-written indre given or reserved to the landlord in the event of the rent thby reserved being in arrear as thby mentd or in the event of any breach of any of the covts on the pt of the lessee thrin contd shl henceforth be enlarged & extended so as to operate & be exerciseable henceforth in the same or the like mner as if the covt on the pt of the lessee hinbfe contd agst assning or underlettg witht license as afsd had been contd in the within-written indre to the intent that such provo or condon of re-entry shl apply to the event of the breach of such last-mentd covt as well as the other events afsd, & to the intent that the withinwritten indre & the demise thby made shl henceforth be defeasible accdly, PROVD always that nothing hrin contd shl in Proviso. anywise prejudice or affect the sd provo or condon of re-entry except by way of enlargemt or extension thof as afsd, AND the Covenant lessee doth hby further covt with the landlord & also with the against sd trees that he the lessee hath not at any time done or been brances. pty or privy to anything whby the sd demised premes or his intt thrin, are, is, or may be, in any mner incumbered or affected or whby he is prevented from enterg into or makg such covt, grt, or defeasce as is hinbfe contd, AND the landlord doth hby covt with the lessee that he, paying the rent reserved by the within-written indre & performg & observg the covts & agrmts thrin & hrin contd, may, &c., for quiet enjoyment, p. 695. IN WITS, &c.

incum