Imatges de pàgina
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fault for

train.

tenements, goods, and chattels : AND MOREOVER, And in dethat in case the said C. D., his executors, adminis- c. D. to entrators or assigns, shall at any time or times here- ter and disafter, pay, sustain or be put unto any sum or sums of money, costs, charges, and expenses, for, or on account, or in respect of, the said yearly rent or sum of £, or of the said covenants and agreements hereinbefore contained, and agreed to be kept, done, and performed, by the said A. B., his executors, administrators, and assigns, as aforesaid, or any of them, then, and in every such case, it shall be lawful for the said C. D., his executors, administrators, or assigns, into and upon the said messuage or tenement and premises, so purchased by the said A. B., and comprised in the said in part recited indenture of assignment, bearing date, &c., to enter and distrain for all and every such sum and sums of money, costs, charges, and expenses, which the said C. D. shall sustain, bear, pay, or be put unto, and take, lead, drive, carry away, and impound, and in pound, detain, and keep, until the same sum and sums of money, costs, charges, and expenses whatsoever, sustained or occasioned by or attending the making, taking, and keeping, any such distress or distresses, shall be fully paid and satisfied; and in default of payment thereof, in due time after any distress or distresses shall be so made or taken, to appraise, sell, or dispose of, such distress or distresses, according to due course of law, in like manner as in case of distress taken for non-payment of rent reserved upon common leases; to the intent thereby, and therewith, or otherwise, the said C. D., his executors, administrators, and assigns, shall and may be fully paid and satisfied all and every such sum and sums of money, costs, charges, and expenses, as aforesaid; AND Similar coTHIS INDENTURE FURTHER WITNESSETH, that, in venants by further pursuance of the said agreement, and in as in the consideration of the covenants and agreements preceding here before contained, on the part and behalf of the said A. B., he, the said C. D., for himself, his heirs,

C.D. to A.B.

part.

Clause of apportionment of rents.

executors, administrators, and assigns, doth hereby covenant, &c., with the said A. B., his, &c., in manner following, (that is to say,) that he, the said C. D., his, &c., shall and will, &c. (Similar to the covenants, &c., entered into by A. B., from the first witnessing part.) In witness, &c.

(2.)

Declaration as to Apportionment of Rents, Fines, &c., to be paid by the respective Assignees.

AND it is hereby declared and agreed, by and between the said parties to these presents, and it is the true intent and meaning of them, and of these presents, that the reserved rents, customary fines of renewal, and incidental expenses, which, at any time or times, and from time to time, shall become due and payable, or shall be agreed to be paid for or in respect of the said lands and hereditaments, hereby assigned, or otherwise assured, or intended so to be, shall be contributed, borne, and paid, in the manner, and in the proportions, and by the persons, and their respective executors, administrators, and assigns, hereinafter mentioned, (that is to say,) parts (the whole into equal parts to be divided, of the said rents, customary dues, fines of renewal, and incidental expenses) by the said A. B., his executors, administrators, or assigns, for and in respect of those parts of the said lands and hereditaments which are to be held in trust for the said A. B., his executors, administrators, and assigns, as aforesaid, and the remaining parts of the same rents, customary dues, fines of renewal, and incidental expenses, by the said C. D., his executors, administrators, or assigns, for and in respect of so much and such parts of the said lands and hereditaments as are mentioned or specified in the schedule thereof hereunder written, or hereunto annexed.

(3.)

Declaration and Consent as to Apportionment of
Rent.

consent as to

rents.

AND the said A. B., and at his instance, (and with Clause of his consent and approbation,) the said C. D. and apportionE. F., as far as they lawfully may or can hereby ment of consent and agree, and also direct and appoint, that the sum of, &c., a year, part of the said yearly rent or sum of, &c., (subject to a proportional part of the deduction to be made out of the said rent of £ — a year,) shall henceforth during the continuance of the now residue and remainder of the term of the said G. H., (lessee,) in part of the said lands and hereditaments hereby released and covenanted to be surrendered, or otherwise assured, or intended so to be, be payable and paid to the said A. B., his heirs and assigns, as his and their proportion of the said rent or sum of, &c., for or in respect of so many and such parts of the lands and hereditaments out of which the same rent is reserved, as are hereby released, and covenanted to be surrendered, or otherwise assured, or intended so to be.(f)

(4.)

Declaration that the Residue of leaseholds remaining unsold shall be subject to the entire Rent.

ing the un

AND lastly, it is hereby declared and agreed, by Clause makand between the said parties to these presents, as sold part far as they respectively are interested; and the said liable for A. B. doth, by these presents, for himself, his heirs,

() If the assignment be to a tenant, say, "Except (state the parcels) and also the rent or sum of, &c., a year, parcel of the said rent of, &c., during the continuance of the lease of the said G. H., in the said messuage, &c., called A., (the excepted parcels,) as and for that part or apportionment of the said rent of, &c., which is to be paid, for or in respect of the said messuage, &c., called A."

And in the conveyance of the excepted parcels to another purchaser, say," All, &c., (the parcels,) and also the rent or sum of, &c., a year, parcel of the rent or sum of, &c., now payable by the said G. H., for the whole of the said messuage, &c., as and for the apportionment of the said rent to be paid, for or in respect of the said messuage, &c., called A., during the continuance of the estate of the said G. H. therein."

N

rent.

Clause mak

ing rent

executors, administrators, and assigns, grant, covenant, and declare, to and with the said C. D. and E. F., their heirs and assigns, according to their respective estates and interests in the premises, that the residue of the said messuage and premises comprised in the said indenture of lease, and thereby demised, exclusive of the piece or parcel of land and hereditaments hereby bargained and sold, or otherwise assured, or intended so to be, shall be and be deemed chargeable with the full amount of the rent reserved by the said lease, without any apportionment or diminution of the same rent, for or by reason of the assignment hereinbefore contained; and that the same messuage and hereditaments, with the exception, and exclusively, of the piece or parcel of land and hereditaments hereby bargained and sold, or intended so to be, shall be liable and charged with a distress or distresses for the same rent, in the same manner as if these presents had not been executed, or as if the piece or parcel of land and hereditaments hereby bargained and sold, or otherwise assured, or intended so to be, had not been comprised in the said indenture of lease, any thing hereinbefore contained, or any law or usage to the contrary, in anywise notwithstanding.

(5.)

Consent and Direction that a rent Charge shall henceforth be payable out of Part only of the Lands charged therewith.

AND the said A. B., by way of agreement, and charge pay- not of release, doth hereby grant and agree, to and able out of with the said C. D., his heirs and assigns; and the part only said E. F. and G. H. do hereby severally consent,

of lands

charged therewith.

direct, and appoint, that the said rent of, &c., a year, shall henceforth be answered and paid out of the residue of the hereditaments charged with the same, exclusively and by way of exoneration of the close of land and hereditaments hereby released, or otherwise assured, or intended so to be.

OBSERVATIONS AND CASES.

A NET rent is a sum to be paid to the landlord Rent. clear of all deductions.(g) If a person grant Rent charge. an annual sum to be issuing out of his lands, to another and his heirs for ever, without parting with any property in the lands themselves, it will be no rent, in consequence of there being no render, return, or compensation, and by reason of the grantee having no lands by such grant, out of which to make a return, but by reason of its analogy to the proper rent, it is denominated a rent charge.(h) As a proper rent is a compensation or return for the enjoyment of a particular estate, it follows that when the particular estate determines, the rent must also cease.(i) There can be no rent if the lands or tenements are not derived from another, as anciently, when lands were held in allodio, for a rent necessarily supposes a reception of such lands or tenements from another to whom they primarily belonged, and in whom the ultimate property continues vested.(j) It is said that if the lessor die before sunset on the day whereon rent is demandable, the rent unpaid goes to his heir, but if after sunset, and before midnight, that it shall go to his executor, and not to his next of kin.(k) Rent must be reserved to the grantor or grantors, or one of them, and not to a stranger.() If a rent be created by deed, or even as it should seem by parol, it cannot be released without deed at law or in equity.(m)

(g) Bennett v. Womack, 7 Barn. and Cres. 627. 1 Man. and Ryl. 644. 3 Car. and Payn. 96.

(h) Watk. Prin. C. 22. (Rents.)

(i) Idem.

(j) Idem.

(k) Rockingham v. Penrice, I P. Wms. 177. It appears rent is not strictly demandable before the time of sunset on the day it becomes due, and perhaps not absolutely due till midnight.-Co. Lit. 302. 1 Saund. 287. (Co. Lit. 142. (a.)

(m) Cupit v. Jackson, 1 M'Clel. 495.

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