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administrators, and assigns, for and during all the
residue and remainder which shall be then to come
and unexpired, of and in the said term of
years, subject to the payment of the said yearly rent

tain the

in the

original

sure pre

of, &c., clear of all taxes as aforesaid; and in which And to consaid lease shall be contained all and every the like same clauses covenants, clauses, provisoes, conditions, restrictions, as and agreements, as are contained in the lease by lease wherevirtue whereof the said A. B. holds the said pre- by he holds. mises; and also a covenant for the said C. D., his Lessee to inexecutors, administrators, and assigns, to insure, or mises. cause to be insured, the said messuages, or tenements and premises, in a competent and sufficient sum of money in the fire office called and known by the name of, &c., and a covenant for the said A. B., his executors, administrators, or assigns, to indemnify the said C. D., his executors, administrators, or assigns, from the payment of any other or further rent and taxes in respect of the said premises, and all costs and damages by reason of the non-payment thereof, and all other demands whatsoever; AND the said C. D., for himself, his exe- To accept cutors, administrators, and assigns, doth hereby promise and agree, to and with the said A. B., his executors, administrators, and assigns, that he, the said C. D., his executors, administrators, and assigns, shall and will take and accept of such lease as aforesaid, and duly execute a counterpart thereof unto the said A. B., his executors, administrators, and assigns; AND lastly, it is hereby further de- To execute a clared and agreed, by and between the said parties to these presents, that such lease and counterpart shall be prepared by the solicitor of the said A. B., and that the expense thereof shall be borne and Expense of paid equally by them the said A. B. and C. D., counterpart. their executors, administrators, or assigns. witness, &c.

As

lease.

counterpart.

lease and

Parties.

Considera

tion.

Premises.

Term.

(13.)

Another Form of a building Agreement to a Sub-lessee, with a Covenant by Sub-lessor to advance a Sum of Money when the Building is partly erected.

MEMORANDUM of agreement made this

day

of, &c., BETWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part.

The said A. B., in consideration of the rent, and of the covenants and agreements hereinafter agreed to be done and performed by the said C. D., his executors, administrators, and assigns, doth hereby agree to let unto the said C. D., his executors, administrators, and assigns, when and as soon as he shall have erected, built, and finished, the messuage hereinafter covenanted to be erected; and that he, the said A. B., will then grant and demise unto the said C. D., his executors, administrators, and assigns, ALL that, &c., and all ways, paths, passages, lights, easements, waters, water-courses, profits, commodities, and appurtenances, whatsoever, to the said premises belonging, or in anywise appertaining; TO HOLD the same, &c., hereinbefore agreed to be demised, with their appurtenances, unto the said C. D., his executors, administrators, and assigns, from, &c., now last past, for, and during, and unto, the full end and term of twentyone years, at and under the yearly rent or sum of, &c., payable quarterly, clear of the land tax, sewers' rate, and all other rates, taxes, and assessments, whatsoever, whether parliamentary or parochial; AND it is hereby covenanted and agreed, by and tained in between all the said parties to these presents, that in such lease shall be contained all and every the like covenants, clauses, provisoes, conditions, restrictions, and agreements, as are contained in the lease by virtue whereof the said A. B. holds the said preTo insure mises; and also a covenant for the said C. D., his against fire. executors, administrators, and assigns, to insure,

Covenants

to be con

lease.

pay rents,

and keep insured, the said hereditaments, in the sum of £, in the fire office, in London, called, &c.; and a covenant for the said C. D., his executors, administrators, and assigns, to indemnify the said A. B., his executors, administrators, and assigns, from the payment of any other or further rent, or rents and taxes, than those which are reserved by the lease whereof the said A. B. holds the same, and all costs and damages by reason of the non-payment thereof, and all other demands whatsoever; AND the said A. B., doth hereby also The intendcovenant, promise, and agree, to and with the said ed lessee to C. D., his executors, administrators, and assigns, &c. that he, the said C. D., his executors, administrators, and assigns, from henceforth, until the said intended lease shall be granted, paying the aforesaid yearly rents, and performing and keeping all and singular the covenants on his or their parts and behalf hereinafter expressed to be kept, shall and will from henceforth, and at all times, until the said A. B. shall duly execute, and deliver to him, the intended lease, peaceably and quietly have, hold, occupy, To occupy and enjoy, the hereditaments and premises, with the appurtenances, without any lawful let, suit, molestation, or interruption, of him, the said A. B., his executors, administrators, or assigns, or any other person or persons whomsoever, claiming or to claim by, from, or under, him or them, or by or through his, their, or any of their acts, means, defaults, or procurement; AND the said C. D. doth Covenant to hereby for himself, his executors, administrators, premises and assigns, covenant, promise, and agree, to and upon the with the said A. B., his executors, administrators, said. and assigns, in manner following, (that is to say,) that the said C. D., his executors, administrators, and assigns, shall and will take the said, &c., from the day of, &c., now last past, for the term, and at the yearly rent, aforesaid; and also shall and will well and truly pay, or cause to be paid, unto the said A. B., his executors, administrators, and assigns the said yearly rent of, &c., by even and equal

and enjoy.

take the said

terms afore

thebuildings

space of three years.

quarterly payments, as and when the same shall become due, and payable as aforesaid, clear of the land tax, and all other rates, taxes, charges, and assessments, whatsoever, whether parliamentary or parochial, the first payment thereof to be made on And to erect the day of, &c., next ensuing; AND also shall within the and will, within the time or space of three years, to be computed from the day of, &c., last past, erect, build, set up, and tile or slate, and cover in, and in all respects completely finish, fit for habitation, in a good and workmanlike manner, upon the said piece or parcel of ground, hereby agreed to be demised, one substantial brick messuage or tenement, with such party walls,(q) conveniences, and necessaries, to the same, as shall be requisite and fitting, according to the manner of building new houses, now used either in that neighbourhood, or according to the act or acts of parliament in such case provided; the same to be built with good materials, and under the inspection, and to the satisfaction, of the said A. B., his executors, administrators, or assigns, or his surveyors; in the erecting and building of which said messuage or tenement and premises, shall and will lay out the full sum of, &c., at the least; and shall and will forthwith insure, and keep insured, from fire, the said messuage and premises, when so erected, in the office called the

To insure.

accept lease.

Fire Office, in London, in the sum of, &c.; To take and and shall and will take and accept of such lease as aforesaid, and duly execute a counterpart thereof, unto the said A. B., his executors, administrators, and assigns; AND further, it is hereby declared and agreed, by and between the said parties to these presents, that such lease and counterpart shall be made and prepared by the said C. D., and that the

(2) If the buildings are to be within the cities of London or Westminster, or the liberties thereof, or other parishes, precincts, or places, within the weekly bills of mortality, the parishes of Saint Mary-le-bone, Paddington, Saint Pancras, and Saint Luke, at Chelsea, in the county of Middlesex, in such case the directions of the act of the 14 G. III., c. 78, must be conformed to, the directions of which are extremely minute and numerous, and must, therefore, be referred to for further information on the subject. (See note to p. 108, as to party walls.)

on

vancemoney

ably enjoy.

expense thereof, and of this agreement, shall be borne and paid by the said C. D., his executors, administrators, and assigns; AND lastly, the said Lessor to adA. B., for himself, his executors and administrators, on bond. doth hereby further covenant, promise, and agree, with and to the said C. D., his executors, administrators, and assigns, that he, the said A. B., his executors or administrators, shall and will, when and so soon as the said C. D. shall have proceeded with the said building to the amount or value of, &c., advance and lend to him, the said C. D., bond, the sum of, &c., of lawful money, on interest, at £4 per cent. per annum, payable at the expiration of two years from the time when such sum of, &c., shall be so advanced; AND that it shall and may be To peace. lawful, to and for the said C. D., immediately upon execution of this agreement, peaceably and quietly to enter into and upon the said piece of ground hereby covenanted to be leased to them as aforesaid; or if it shall be found necessary to commence If necessary any action of ejectment, whereby to recover the to eject. legal possession thereof, then the said A. B., his executors or administrators, shall and will pay for, or cause to be repaid, to the said C. D., all the costs of such ejectment, and all damages and expenses he or they shall or may be liable to by reason or on account of their being kept out of possession; and in the mean time, and until full and complete possession shall be lawfully had, shall surcease from demanding any of the ground rent hereby agreed to be paid. In witness, &c.

(14.)

An Agreement for building a Row of Houses. AGREEMENT made this

day of, &c., BETWEEN Parties.

A. B., of, &c., of the one part, and C. D., of, &c.,

of the other part.

(r) The said C. D. doth hereby for himself, his Stipulation

(r) A recital may be introduced thus:-"Whereas the said A. B. is pos

sessed of a piece of ground situated, &c., and containing, &c., upon which

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