Imatges de pàgina
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so much money as the same shall be valued and adjudged to be worth by two indifferent persons, one to be chosen by each party in the usual course in such cases pursued.

underwood,

valuation.

And also that he the said A. B., his heirs and And pay for assigns, shall and will pay and allow unto the said hop poles, C. D., his executors, administrators, or assigns, so &c., at a much money for the underwood growing and being on the said demised woodlands, and the hedge-rows, hop-poles, fallows, manures, mendments, half mendments, and dung mixens and yards, at the end, expiration, or sooner determination of the said term of seven years, as the same shall be valued and adjudged to be worth by two indifferent persons, to be chosen as aforesaid.

see to have

barn for

the last

year.

And also that it shall and may be lawful to and for And for les. the said C. D., his executors, administrators, and the use of assigns, from and after the end of the said term of thrashing seven years, until the day of next follow-corn grown ing, to have the reasonable use of the barns, barn yards, and rick staddles, hereby demised, to lay, thresh, clean, and carry away the corn and grain which shall be growing on the said demised lands in the last year of the said term; and to fodder his and their cattle in the said barn yards, and water them at the usual watering places there.

And also that he the said C. D., his executors, For quiet enjoyment. administrators, and assigns, paying the several yearly rents before reserved, and observing, performing, fulfilling, and keeping all and every the covenants, grants, provisoes, payments, and agreements herein before contained, which on his and their parts and behalfs are, or ought to be performed, observed, fulfilled, and kept, shall or may, peaceably and quietly hold, use, occupy, possess, and enjoy the before demised premises, with the appurtenances, except as before excepted, for and during the said term of seven years, without any lawful let, suit, trouble, claim, eviction, denial, molestation, or interruption, by the said A. B., his heirs or assigns,

or any person or persons lawfully claiming, or to claim, by, from, or under him, them, or any of them. (u) In witness, &c.

Possession. (u) If the lessee be turned out of possession of the farm by a person having a better title than the lessor, the latter under this covenant for quiet enjoyment, is bound to make satisfaction to the lessee for dainage sustained by the loss of his term if the lessee pays the rents and performs the covenants on his part.

MISCELLANEOUS FORMS.

(1.)

Indorsement on a Lease as a Confirmation of the same.

tion.

TO ALL TO WHOM THESE PRESENTS SHALL COME- Deed poll. the within named A.B. sends GREETING. [Recite the discovery of the defect in the lease, and the lessor's consent to ratify the same, (or as the case may be).] Now THESE PRESENTS WITNESS, that in Testatum. pursuance of the said agreement, and for the consideration(v) in the within written indenture expressed, he, the said A. B., by way of confirmation and further assurance of the within written indenture, DoтH demise and lease(n) and also ratify Demise and and confirm unto the said C. D., his executors, ad- confirmaministrators, and assigns, all that and those the messuages, farms, lands, &c., (as the case may be,) and every the premises comprised in the within written. indenture, and thereby expressed to be demised to the said C. D., as within is mentioned, or intended so to be, with all and every the rights, members, covenants and appurtenances to the same belonging, and all the estate and interest thereby expressed, or intended to be granted thereof; and all and every covenants, provisoes, and agreements therein contained; TO HAVE AND TO HOLD the said messuages, Habendum. and all and singular other the premises hereby demised or confirmed, or intended so to be, and every part and parcel of the same, with the appurtenance, unto him the said C. D., his executors, administrators, and assigns, henceforth for and during all the residue of the term or period of twenty-one years

(v) If a further consideration be paid, add," And in consideration Further of the sum of, &c., to the said A. B., in hand, paid, &c., the receipt," &c. sum. (w) Fresh words of demise are used when any legal interest is left out- Demise. standing; but not when third parties join by way of consent, as in such case words of confirmation only will be sufficient.

Parties.

Testatum.

Parcels.

in the within written indenture mentioned, which is now to come and unexpired by effluxion and computation of time, as beneficially to all intents and purposes as if the said within written indenture, and the demise or lease therein expressed, or intended to be made, had been good, valid, and effectual, to all and every the intents and purposes therein mentioned, but not further or otherwise. (a) In witness, &c.

(2.)

Lease for a further Term by Indorsement on the

original Lease.

THIS indenture made the- day of,&c., BETWEEN the within named A.B., (lessor,) of the one part, and the within named C. D., (lessee,) of the other part, witnesseth, that for and in consideration of the rent hereby reserved, and of the covenants, conditions, and agreements respectively, hereinafter contained, which on the part and behalf of him the said (lessee). his executors, administrators, and assigns, are to be paid, done, and performed, he the said (lessor), DOTH hereby demise, lease, set, and to farm let, UNTO the said (lessee), his executors, administrators, and assigns, ALL that, &c., and all and singular other the premises respectively comprised in the within written indenture of lease, and thereby demised in the manner therein mentioned, TO HAVE AND TO HOLD the said, &c., and all and singular other the premises hereby demised, leased, set, and to farm let, or mentioned, or intended so to be, except as within mentioned, unto the said (lessee), his executors, administrators, and assigns, from the day of next, (being the time when the said within written indenture of lease will expire,) for and during, and unto the full end and term of fourteen years longer, thenceforth next ensuing, and Subject to fully to be completed and ended; subject to, and

Habendum.

Term.

Covenants.

(r) If any further covenants are required than those contained in the original lease, they may be added here.

as to the Covenants.

under the like rent, and payable in like manner, as the like rent is within mentioned, for and in respect of the rent reserved in and by the said within written indenture of lease; and subject to the like power of entry, as well on non-payment of rent, as on the happening of any of the other matters or things mentioned in the within written proviso or condition of re-entry. AND Declaration it is hereby declared and agreed, by and between the parties to these presents, that they and their respective heirs, executors, administrators, and assigns, shall and will, by these presents, during the continuance of the additional term of fourteen years hereby granted, stand and be bound for and in respect of the said hereby demised premises, with the appurtenances, in such and the like covenants, (y) conditions, and agreements respectively, as they the said parties, and their respective heirs, executors, administrators, and assigns, do now stand bound in and by the said within indenture of lease, for and during the now residue unexpired of the within mentioned term hereby granted, it being the intent and meaning hereof, that this present indorsed lease, and the additional term hereby granted, shall be upon such and the like footing, and that all the covenants, clauses, conditions, and agreements respectively therein contained, shall be equally available, take place, and have the like force and effect, to all intents and purposes whatsoever, as if every article, clause, matter, and thing contained in the said within written indenture of lease were word for word repeated, and again inserted in these presents. In witness, &c.

(y) When the provisions regulating the mode of husbandry are volu- As to inmiuous,this plan has been recommended on the score of economy,and will dorsement be as effectual as a separate lease, on being stamped with a lease stamp: on lease for If made by a separate deed, referring to the covenants of the original a further lease after the operative part, say, "Subject to the same rent, and upon term. such and the same covenants, conditions, powers, provisoes, declarations, and agreements, as are expressed, reserved, contained, and declared, or referred to, in and by a certain indenture of lease bearing date the day of and made between the said A. B., of the one part, and the said C. D., of the other part." (If the rent be increased or lessened in amount, a fresh reddendum may be added as to the rent, and this may follow the declaration between the parties that the same shall be held by the lessee upon such and the same covenants, &c.; and then add the covenant, No. 15, in p. 294, with the exception as to the yearly rent or not, as the case may require.)

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