And keep premises in repair.

For lessor

to enter and view on

nuance of the said term; and at his and their like proper cost and charges shall and will, at all times during the continuance of the said term, keep in a good, sufficient, and tenantable state of repair, as well all and singular the glass and other windows, wainscots, rooms, floors, partitions, ceilings, tilings, walls, rails, fences, pavements, grates, sinks, privies, drains, wells, and water-courses; as also all and every other the parts and appurtenances of the said messuage and premises hereby demised, (damage happening by casual fire only excepted).(z) AND FURTHER, that it shall be lawful for the said (lessor), his executors, administrators, and assigns, giving three either alone or with others, twice in every year days notice. during the said term hereby granted, at such times of the year as to him or them shall seem meet, to enter, and at seasonable times of the day, into and upon the said messuage or tenement, and premises hereby demised, and every part thereof, and there to view and examine the state and condition thereof, notice(y) of such intention to view being at all times previously given unto the said (lessee), his executors, administrators, and assigns, three days at least before the same shall take place; and in case any decay or want of reparation be lessee cove found on such view, the said (lessee), for himself and executors, &c., doth hereby covenant and agree, to and with the said (lessor), his executors, &c., to cause the same to be well and sufficiently repaired and amended, within the space of six months after notice thereof in writing shall have been given And to yield to him or them for that purpose.(z) AND the said

And in case

of decay

nants to re

pair.

up in such repair.

(lessee), doth hereby for himself, his executors, &c., covenant, promise, and agree, to and with the said (lessor), his executors, &c., that he, the said (lessee), his executors, administrators, and assigns, at the end or earlier determination hereby granted,

(x) This exception is intended to prevent the lessee from becoming Exception. liable to re-build in case of fire.-See p. 498.

Repairs.

(y) See covenants, p. 290.

(2) See covenants, pp. 290, 291, where the repairs are to be done under the inspection of lessor's surveyor.

re-entry in

be unpaid.

shall and will leave and yield up unto the said (lessor), his executors, administrators, and assigns, all and singular the said messuage and premises, with their appurtenances, in such good, sufficient, and tenantable state of repair as aforesaid, together with all and every the doors, locks, keys, bolts, bars, chimney-pieces, dressers, shelves, water-pipes, and other things, mentioned in an inventory or schedule hereunder written or hereunto annexed, in as good plight and condition as the same now are, reasonable use and wear thereof, and casualties happening by fire, only excepted. (a) PROVIDED always, that if Proviso for the said yearly rent hereby reserved, or any part case of rent thereof, shall be in arrear and unpaid for the space in arrear of thirty days next after any of the days whereon the same is hereinbefore covenanted to be paid as aforesaid; (it being first lawfully demanded;)(b) or if the said (lessee), his executors, administrators, and assigns, shall not well and truly observe and keep (according to the true intent and meaning of these presents) all and every the covenants, clauses, provisoes, and agreements, to be by him and them observed and kept; THEN and from thenceforth it shall be lawful for the said (lessor), his executors, administrators, and assigns, to re-enter upon the said demised messuage and premises, and the same to have again, repossess and enjoy, as his and their first and former estate; and that from and after such re-entry made, this lease and every clause herein contained, shall be utterly void to all intents and purposes. AND(c) the said (lessor), for himself, For peacehis executors, administrators, and assigns, doth able occupacovenant, promise, and agree, to and with the said (lessee), his executors, &c., that he the said (lessee), his executors, administrators, or assigns, paying the rent hereby reserved, in manner aforesaid, and

(a) For a covenant to insure against fire, see pp. 291, 491.

tion.

(b) Or say," Being first lawfully demanded upon," or at any time after, Demand of the said twenty-one days, and not paid when demanded." See p. 497 rent. and notes as to dispensing with a demand of payment according to the

strictness of the common law.

(c) This covenant will be implied in all leases, and may, in general, be Implied omitted. See 1 Barn, & Cress, 457. See note (k) to p. 522.

covenants.

performing the covenants and agreements herein contained, shall, and lawfully may, peaceably and quietly, use, possess, and enjoy the messuage and premises hereby demised, for and during the said term of twenty-one years hereby granted, without any action, let, or interruption whatsoever of the said (lessor), his executors, administrators, or assigns, or any person or persons lawfully claiming, Covenant by or to claim by, from, or under him or them. AND(d) lessor for the said (lessor) doth hereby further covenant, profresh lease. mise, and agree, to and with the said (lessee), his

executing a

Covenant

for new lease.

Renewal

executors, administrators, and assigns, that the said (lessor), his executors, administrators, and assigns, shall and will before the expiration of this present lease, on the request and at the cost and charges of the said (lessee), his executors administrators, or assigns, grant and execute unto him and them a new and fresh lease of the messuage or tenement, and all other the premises hereby demised, with their appurtenances, for the further term of twenty-one years, to commence from the expiration of the term hereby granted; the same to be at the same yearly rent, payable in like manner, and under and subject to the like covenants, provisoes, and agreements, (except a covenant for the renewal thereof, at the end of such further term,)(e) as are contained in

(d) Or thus: "And the said (lessor) doth hereby for himself, his heirs and assigns, further covenant, promise, and agree, to and with the said (lessee), his executors, administrators, and assigns, that in case the said (lessee), his executors, administrators, and assigns, shall be desirous of taking a new lease of the said premises hereby demised, after the expiration of the said term hereby granted, and shall, at least six calendar months before the expiration thereof, signify such his or their desire by a notice in writing to be delivered to the said (lessor), bis heirs or assigns, or left at his or their usual place or places of abode, he, the said (lessor¡, his heirs or assigns, shall and will at or before the expiration of the said term, at the costs and charges of the said (lessee), his executors, administrators, or assigns, and on payment of the sum of, &c., by way of premium or fine for such renewal, forthwith make and execute unto him and them a new and fresh lease of all and singular the premises hereinbefore demised, for a similar term of twenty-one years, to commence from and after the expiration of the present term hereby granted, at and under the like rent, and with and subject to the like covenants, provisoes, and agreements, as are herein contained, excepting only this present covenant or agreement for renewal." When the covenant is meant to extend to perpetual renewal, then, instead of the words in italics, the following words are used : "Including this present covenant or agreement for renewal."-See notes to renewed lease for lives.

(e) A covenant in a lease to grant a further term at the same rent, and

ting before

these presents; such new lease, however, to be granted, and to be valid only on condition that the said (lessee), his executors, &c., do execute a counterpart thereof, and also pay unto the said (lessor), his executors, administrators, and assigns, the sum of £, of lawful money, &c., at the time of executing the said lease, as and by way of premium for the renewal thereof; AND also that if the said (les- As to quitsee), his executors, &c., shall be desirous to quit expiration the said messuage or tenement, and premises hereby of term. demised, at the expiration of the first seven or first fourteen years of the term of twenty-one years hereby granted, and of such his or their desire, shall give notice in writing to the said (lessor), his executors, &c., six calendar months before the expiration of the said first seven or fourteen years, (as the case may be); then and in such case, (all arrears of rent being duly paid, and the said messuage or tenement, and all other the premises hereby demised, being in such repair as they are hereinbefore covenanted to be maintained and left in,) this lease, and every clause and thing herein contained, shall, at the expiration of such first seven or fourteen years of the said term of twenty-one years hereby granted, (whichever shall be in the said notice expressed,) determine and be utterly void, to all intents and purposes, in like manner as if the whole term oftwentyone years had been run out and expired; anything in these presents contained to the contrary thereof notwithstanding. PROVIDED ALSO, and these pre- Proviso for sents are upon this express condition, nevertheless, determining that if the said (lessee) shall happen to depart this representalife at any time during the term hereby demised, tives of les

lease on the

see giving

under and subject to the same covenants, as in the original lease, is now of lease. held to be a covenant for a single renewal, and that it does not entitle the lessee to have a covenant for renewal inserted in the new lease.Iggulden v. May, 9 Ves. 325. 7 East, 237. S. C. New Rep. 449. 9 Ves. 315; see also Moore v. Foley, 6 Ves. 232 Douling v. Mill, 1 Madd. 541. The construction of the court is against the lessee in general; and therefore, in order to establish the construction, care should be taken that the intention for renewal, whether perpetual or otherwise, be unequivocally expressed.-Baynham v. Guy's Hospital, 3 Ves. 298; and see Russell v. Darwin, 2 B. C. & C. 639, n. Trittan v. Foote, Ib. 636; and see also Hyde v. Skinner, 2 P. W. 196.

dar months

notice.

three calen-, and the executors, administrators, or assigns of the said (lessee) shall at any time after the expiration of the first three calendar months next after such his decease, be minded and desirous to quit and leave the said demised premises, and of such their mind or intention shall on any quarter day after the expiration of the said three calendar months, give or leave six calendar months' notice or warning in writing, to or for the said (lessor), his executors, administrators, or assigns, at his or their then place or places of abode, he the said (lessee), his executors, administrators, or assigns, having first paid the rent and performed all and singular the covenants, provisoes, and agreements herein contained, on his and their parts to be done and performed; then and in such case at the expiration of the said six months, such notice having been first given as aforesaid, these presents and the term hereby granted shall cease, determine, and be utterly void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. In witness, &c.

Parties.

(7.)

Lease of a Public-house from Husband and Wife, in which a Surety joins with the Lessee for Payment of Rent, &c.

THIS INDENTURE made the- day of, &c., 1838, BETWEEN A.B., of, &c., (lessor), gentleman, and M., his wife, (f) of the one part, C.D., of, &c., (lessee), of the second part, and E. F., of, &c., (surety), of Testatum. the third part, WITNESSETH, that the said A. B., in consideration of the rent, covenants, and agreements hereinafter reserved and contained on the part and behalf of the said C. D., his executors, administrators, and assigns, to be paid, done, and performed,

Wife a party

(f) The wife must be a party to the lease, which must be by indenture, in the name of the husband and wife, and the deed must be sealed by her, and the rent reserved to the husband and wife, and the heirs of the wife. -See stat. 32 Hen. VIII., c. 28, s. 3. (The act only extends to cases in which the inheritance is in the wife solely; and therefore, where she is seized of the inheritance jointly with her husband, she need not be a party. —See Butl. Co. Litt. 44, @, P.