Reddendum. by lessee, shall be determined by either party by three months' notice in in the next ensuing day of writing ending on the or any subsequent year YIELDING AND PAYING to A, &c., [as in Precedent LXIII., ante, p. 632, substituting for the coveAgreement nants the following]: AND in consideration of the demise hereby made and of the promise of A hereinafter contained B hereby promises and agrees with A that during the continuance of this demise he will pay, &c. [as in Precedent LXIII. to the end of the proviso for re-entry] AND B hereby promises A, &c. (as in Precedent LXIII.) by lessor. In witness, &c. Parties. Demise. LXV.-AGRICULTURAL LEASE (a). THIS INDENTURE made, &c., BETWEEN A of, &c.(lessor) of the one part and B of, &c. (lessee) of the other part WITNESSETH that in consideration of the rents, &c. [as in Precedent LXIII., then describe parcels thus]: All those plots and parcels of land described in the schedule hereto containing in all about EXCEPT Exception acres statute (or customary) measure and reservation as to AND RESERVING to A all timber trees now growing or that shall hereafter grow upon the said premises with power for A his servants and agents at all reasonable times during the said term to cut down and remove the same and for that purpose to have free right of ingress egress regress and way to and from the said premises as well for themselves as for their horses carts and vehicles AND ALSO all mines, minerals, and quarries, timber, as to mines, (a) Our space does not permit anything more than a skeleton form, sug gestive rather than practical. AND as to game and rights upon of sporting, as Further reddendum. upon or under the surface of the said premises, &c. (a) ALSO all game and fish that may at any time be at large the said premises with sole right to A and any person or persons having his license in writing for that purpose to enter upon the said premises and to pursue shoot kill and carry away the same AND ALSO (insert exceptions aud reservations at as to other subjects length) To hold to B, &c. [as in Precedent LXIII., to the end and rights. of the reddendum, adding, if agreed upon, additional rents, as follows]: AND ALSO YIELDING AND PAYING to A £ additional rent for every acre or part of an acre of meadowland that may at any time be ploughed up or otherwise turned into tillage during the said term without A's license in writing previously obtained such rent to be payable half-yearly at the same times as the rent herein before reserved AND В HEREBY Covenants by lessee. COVENANTS with A, &c. [covenant to pay rents reserved and other covenants so far applicable as in Precedent LXIII,, then add covenants as to raising certain crops, consuming hay, &c. on premises or otherwise farming in a particular way as may be agreed upon] (b) PROVIDED ALWAYS, &c. [proviso for re-entry Proviso for as in Precedent LXIII., extending it, if necessary, to reservations, or otherwise] (c) PROVIDED ALSO that the Agricultural for excluHoldings Act, 1875, shall in no way apply to this demise (d). AgriAnd A hereby covenants with B, &c. (as in Precedent LXIII.) Holdings re-entry, sion of cultural Act. In witness, &c. Schedule. (a) Cf. last note. (b) A multitude of the usual covenants are most injurious to agriculture. (c) As to relief against breach of covenants, cf. s. 14, 44 & 45 Vict. c. 41, ante, p. 357. (d) 38 & 39 Vict. c. 92. Parties. Redden. dum Covenant by lessee to LXVI. BUILDING Lease (a). THIS INDENTURE made, &c., BETWEEN A of, &c. (lessor) of the one part, and B of, &c. (lessee) of the other part WITNESSETH that, &c. [proceed as in Precedent LXVI., varying the exceptions and reservations as required, to the reddendum for which substitute, if so agreed]; YIELDING AND PAYING to A therefor an annual rent of £ for the first two years of the said term, and of £ for the third year of the said term, and of £ for the fourth and every succeeding year of the said term, the said annual rents to be paid (b) clear and free from all rates, &c. [as in Precedent LXIII. to the end of the covenant for payment of rent, then insert covenant to build, as build, &c. follows] And will within years from the said day of at his own cost and expense erect on the said premises and complete three good substantial houses according to plans and specifications and in manner approved of by A's surveyor and will expend on the erection of each house £ at the least [The materials to be used in the building should be specified, then covenants to insure and keep the houses in repair when built, and covenants, &c. similar to those in Precedent LXIII., as well as any special covenants on either part, should be inserted.] In witness, &c. (a) Cf. n. (a), ante, p. 634. ing leases are granted vary almost indefinitely. LXVII.-MINING LEASE (a). and reservations. THIS INDENTURE made, &c., BETWEEN A of, &c. (lessor) Parties. of the one part, and B of, &c. (lessee) of the other part WITNESSETH that in consideration of the rents and royalties and of the covenants, &c. (as in Precedent LXIII. to the demise) A hereby grants and demises to B All those beds or layers of Demise. coal, &c. [depth, situation, and nature of subject to be described with accuracy] Together with full powers for B to sink shafts Powers of working, on and to dig work win from the premises hereby described, &c. [here follow a variety of powers enabling the lessee to obtain the benefit of the lease] EXCEPTED AND RESERVED to A, &c. Exceptions [here insert exceptions and reservations as in Precedent LXV., ante, p. 634] To hold to B, &c. [as in Frecedent LXIII., ante, p. 635, to the end of the reddendum, then add]: AND ALSO ReddenYIELDING AND PAYING for every ton of coal gotten in the first royalties. year of the said term a royalty of one shilling and for every ton of coal gotten in the second year a royalty of one shilling and six pence, &c. (as may be agreed upon) AND B HEREBY COVENANTS With A, &c. [covenants to pay rent and royalties, and other covenants so far as applicable, as in Precedent LXIII. Special covenants to keep books and permit inspection thereof by A (b), and to work mine as agreed] PROVIDED ALWAYS, &c. Proviso for (proviso for re-entry as in Precedent LXIII.) PROVIDED Power of ALSO, &c. [power to A to distrain for rent and royalties with dum of re-entry distress. (a) Cf. n. (a), ante, p. 634. We here only pretend to give the merest outline of a mining lease. (b) Cf. s. 14, (6), (ii.), 44 & 45 Vict. c. 41, ante, p. 358. Parties. Recital of settlement, bar entail. attornment clause by B (a)] AND A HEREBY COVENANTS with B LXVIII.-DISENTAILING DEED OF FREEholds. By Tenant in Tail in Possession (b). THIS INDENTURE made, &c., Between A of, &c. (tenant in tail), of the one part, and C of, &c. (transferee to uses) (c), of the other part WHEREAS X late of duly made his last will dated, &c., and thereby devised the hereditaments hereinafter described to B for life with remainder to A and the heirs of his body with divers remainders over (d) [recite death of X, and probate of his will and death of B as in Precedent of desire to XXV., ante, p. 573] AND WHEREAS A is desirous of barring his estate tail in the said hereditaments so devised as aforesaid and all estates rights interests and powers to take effect after the determination or in defeasance of the same NOW THIS INDENTURE WITNESSETH that for the purpose of effecting his said desire A hereby conveys to C All that, &c. (here describe parcels) To hold to C in fee simple to the use of A in fee simple freed and discharged from the said estate tail and all estates rights interests and powers to take effect after the determination or in defeasance of the same. Convey. ance. In witness, &c. (a) Cf. s. 6, 41 & 42 Vict. c. 31, ante, p. 503. (b) Cf. ante, pp. 41, 42. (c) Or releasee or grantee to uses, according as the disposition is by conveyance, as in the text, by lease and release, or by deed of grant. (d) In Precedents XXVII. ante. p. 576, XLV. ante, p. 602, the tenant in tail, if of age, would be capable of barring the entail by his own act, without the consent of the trustees; 3 & 4 W. IV. c. 74, s. 22, ante, p. 43. |