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see covenants to do the

fensive trade.

lessor.

amend the same within the time or space of one And the les- calendar month next after such notice thereof shall be

given or left as aforesaid ; within which time the said same within (lessee,) for himself, his executors, administrators, and the time men- assigns, doth hereby covenant, promise, and agree to tioned in the and with the said (lessor,) his heirs and assigns, to renotice.

pair and amend all such defaults and want of reparation

whereof such notice shall be so given or left as aforeLessee not to said. And also, that he, the said (lessee,) his executors, carry on of- administrators, and assigns, shall not, &c., [against

offensive trades.] And the said (lessee) doth hereby, Nor to assign for himself, his heirs, executors, and administrators, consent of the covenant, promise, declare, and agree to and with

the said (lessor, his heirs or assigns, that he, the said (lessee,) his executors or administrators, shall not nor will at any time hereafter, during the said term hereby granted, assign,“ set over, or part with this present indenture of lease, or lease, set, or demise the same premises, or any part thereof, for the whole or any part* of the said term, unto any person or persons whomsoever, or cause or procure, permit or suffer the said premises, or any part thereof, to be held, had, used, occupied, or enjoyed, by any other person or persons whomsoever, without the licence and consent in writing of the said (lessor,) his heirs or assigns. Provided always," [Here adá the usual proviso

for making void the lease upon the non-perFor peaceable formance of, 8c.; and for peaceable possession on on perform- performance of the covenant. (See p. 81.) Or ing the cove

Letting lodgings is not a breach of a covenant not to underlet without licence ; Doe v. Laiming, 4 Camp. 77.

m The covenant not to assign is not understood as a common and usual covenant; it should therefore be expressly stipulated for in agreements for leases; ante, p. 16.

* An underlease is a breach of a covenant not to assign for any part of a term. Doe v. Worsley, 1 Camp. 20.

* If the proviso extends only to a right of re-entry, the lease may be confirmed by acceptance of rent, after the landlord has notice of the breach of condition ; (1 Saund. 287, n. 16.)

Proviso for re-entry.

nants.

1

proviso for determining the lease at the end of a certain number of years. (See p. 79.)] In wit

ness, &c.

UNDER-LEASE OF A HOUSE IN LONDON, WITH

FIXTURES.

tion.

This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part, witnesseth, that for and in considerationo of Considerathe yearly rent hereby reserved, and of the covenants and agreements herein contained, on the part of the said C. D., his executors, administrators, and assigns, to be paid, observed, and performed, he, the said A. B., hath demised and leased, and by these Demise. presents doth, &c., unto the said C. D., his executors, administrators, and assigns, all, &c., together with all cellars, vaults, areas, and appurtenances, to the said premises belonging; and the goods, fixtures, and things mentioned in the schedule hereunder-writ- Exception of ten, (except and always reserved out of this demise, a passage the free

passage and running of water and soil from for cleansthe other houses and buildings of his grace the duke ing same. of B.

, and his tenants, by and through the channels and drains of the said hereby demised premises, the tenant or tenants of such other houses and buildings, on request, paying his or their share and proportion of the charges of cleansing and repairing the same, as need shall require :) To have and to hold the said Habendum. piece or parcel of ground, messuage, or tenement, and all other the premises hereby demised, with their appurtenances, (except as aforesaid,) unto the said C. D., his executors, administrators, and assigns, from the 29th day of September next ensuing, for

for water and

• If a consideration be given by lessee for good-will, add, "and in consideration of the sum of, &c., by, &c., to, &c., the receipt, &c., and in consideration of the yearly rents,” as

Taxes.

and during, and unto the full end and term of twenty-one years, fully to be complete and ended ; yielding and paying, &c. [Add a covenant for payment of rent.] And also shall and will, during the said term, bear, pay, and discharge the land-tax, sewers' rates, and all other taxes, rates, duties, and assessments whatsoever, whether parliamentary, parochial, or otherwise, now, or which, at any time or times during the said term, shall be taxed, rated, charged, or assessed on the said premises hereby demised, or any part thereof, or upon the landlord or tenant in respect thereof, or of the rent hereby reserved ; and also shall and will, during the said term, when need shall require, bear, pay, and allow a reasonable share with the other tenants of supporting, repairing, cleansing, amending, and rebuilding all party-walls, gutters, sewers, drains, and cesspools, belonging to the said premises. And also shall and will, at all

times during the said term, keep the said premises And to keep insured' from loss or damage by fire, in the sum of premises in

L. at the least, in the fire-office, or such sured from

other public office for insurance in London or Westminster as the said C. D., his executors, administrators, or assigns, shall from time to time appoint; and when thereunto required, produce the current year's receipt for the premium for such insurance to the said C. D., his heirs, executors, administrators,

or assigns, or her, his, or their steward or agent. And to keep 3 And also that the said C. D., his executors, adminipremises in

strators, or assigns, shall and will, at his and their repair.

costs, at all times during the said term, when need And to yield shall require, well and sufficiently repair, support,

amend, pave, paint, cleanse, and keep the said preof the time in mises, with the appurtenances, with all manner of such good re- needful and necessary reparations, cleansings, and pair.

amendments whatsoever. "And the said premises so

fire.

at the end

P
See
p.

47.
9 For a proviso not to assign, if intended, &c. see p. 82.
* See noteh to p. 405.

being well and sufficiently repaired, supported, amended, paved, painted, cleansed, and kept, together with all the doors, wainscots, shelves, dressers, drawers, locks, keys, bolts, bars, staples, hinges, hearths, chimney-pieces, mantle-pieces, chimneyjambs, foot-paces, slabs, covings, windows, sashes, shutters, partitions, sinks, pumps, pipes, water-closets, rails, and all other things which now are, or which at any time during the said term shall be, fixed or fastened to, or set up in or upon the said premises, or any part thereof, or belonging thereto, shall and will, at the expiration, or other sooner determination of the said term, which shall first happen, peaceably yield up to the said A. B., his executors, administrators, or assigns, together with the several fixtures and things mentioned and described in the schedule hereunder written, in the same plight and condition as they are now in, (reasonable use and wear thereof in the meantime, and casualties by fire only excepted.) And moreover, that it shall be Landlord to lawful for the said A. B., his executors, administra- view as to detors, or assigns, and for his and their steward, sur- cays, &c. veyors, workmen, and others employed by him or them, twice in every year, or oftener, during the said term, in the day-time, to enter into the said premises, or any part thereof, to search and see the decays and want of reparation and amendment in and about the same ; and of the decays, defects, and wants of reparation and amendment there found, to give and leave notice in writing, on or at the said premises, for the amendment thereof; and that the said C. D., his executors, administrators, or assigns, shall and will, within three months next after every such notice, well and sufficiently repair, amend, and make good all such decays, defects, and wants of reparation and amendment, whereof notice shall have been so given or left, and all other decays, defects, and wants of reparation and amendment whatsoever. And also, that no erection or building whatsoever shall at any time during the said term be erected in tion.

Tenant to make no erec

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Tenant to make no al teration with

window

Tenant to

or over the yard or ground behind or belonging to the area of the said messuage or tenement hereby demised, or in or over any part or parts thereof respectively. And also, that no alteration or addition

shall, at any time during the said term, be made in out consent of or to the height, front, sides, roof, walls, timber, or landlord. elevation of the said messuage or tenement and pre

mises hereby dennised, without the consent in writing of the said A. B., his executors, administrators,

or assigns, or his or their steward or agent for the Tenant to suf- time being. And also, that no act, matter, or thing fer no nuisance to stop

whatsoever, shall at any time during the said term

be done in or upon the said premises, or any part lights. thereof, which shall or may be, or grow to the an

noyance, nuisance, grievance, damage, or disturbance of the said C. D., his executors, administrators, or assigns, or whereby the window or lights belonging to any messuage, tenement, or building, being the estate of the said A. B., his heirs or assigns, shall or

may be in any manner stopped or obstructed. And permit no

also, that the trades or businesses of a brewer, baker,

sugar-baker, vintner, victualler, butcher, tripe-seller, creating a

poulterer, fishmonger, cheesemonger, fruiterer, herbnuisance on premises.

seller, coffee-house-keeper, distiller, dyer, brazier, smith, tinman, farrier, dealer in old iron or secondhand clothes, or second-hand boots or shoes, pipeburner, melting or other tallow-chandler, soap-boiler, blacking-maker, working hatter, or working cooper, shall not, at any time or times, during the said term,

be carried on, in or upon the said premises. And or public

also, that no auctions or public sales of household sales to be held upon the goods, or other things, shall at any time or times durpremises, nor ing the said term, be had or made in or upon the said used as a po- premises, or any part thereof. And also, that the

said premises shall not be used or occupied at any

time or times during the said term as or for a pore-entry, in

lice-office, or as or for a shop for the sale of coals, potatoes, or any provisions whatsoever, or as a brothel

. Provided always, and it is hereby agreed, that if the yearly rent hereby reserved, or any part thereof,

trades to be carried on

No auctions

or brothel. Proviso for

case of de

fault of pay

ment of rent.

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