unless you previously pay the said rent, with the charges of distraining for the same, I shall proceed to cut, gather, take, cure, carry, and lay up the said crops, when ripe, in the barn or other proper place on the said premises, and in convenient time appraise, sell, and dispose of the same, towards satisfaction of the said rent, and of the charges of such distress, appraisement, and sale, according to the form of the statute in such case made and provided.

Take notice, that by the order and on behalf of The like for C. D., I have this day taken and distrained in and the arrears of upon the farm and lands called , in your occupa

all

tion, in the parish of in the county of
the corn, grain, and effects, in the inventory here-
under-written mentioned, for the sum of L.
years' annuity, or rent-charge, of L.

annum, due to the said C. D. at

, being

per

last, and

in

charged on, and issuing and payable out of certain
manors, farms, lands, and premises, called
the said parish of in the county of

aforesaid, of which the farm and lands first above mentioned are part and parcel. And that unless the said arrears of the said annuity, or rent-charge, together with the expenses of this distress, are paid and satisfied, the said corn, grain, and effects, will be disposed of according to law. Dated, &c.

To Mr. A. B., and all to whom it may concern.

E. F.

a rent-charge.

OBSERVATIONS ON DISTRESS FOR RENT.

The distress must not be taken until the morning The time for after the day the rent becomes due.

taking.

ful.

The distress will be wrongful if taken after a ten- When wrongder of the rent, even if made on the land when the landlord comes to distrain. 2 Inst. 107.

If any distress shall be made for rent in arrear, When no when none in fact is due, the owner may recover

rent is due,

and distress taken.

Tools of a

man's trade.

Cannot be made in the

night.

When clan

ried away.

double the value, with costs. 2 W. and M. sess. 1, c. 5, s. 5.

The tools, utensils, or instruments of a man's trade or profession, though in general privileged from distress for rent, may be distrained if not in actual use at the time, and no other sufficient distress can be found on the premises. Co. Lit. 47, a; Simpson v. Hartop, Wil. 512; Garton v. Falker, 4 T. R. 565.

Distress for rent cannot be made in the night. 1 Inst. 142, (a.)

Goods fraudulently or clandestinely carried off the destinely car premises, after the rent becomes due, may, if they are the property of the tenant," be distrained by the landlord, or the person he authorizes, within thirty days after removal, by virtue of the 11 Geo. II., c. 19; but to justify such distress, the goods must have been removed secretly, and not openly, in the face of day, otherwise it has been decided not to be clandestine; and, consequently, not within the meaning of the act. Watson v. Main, 3 Esp. 15; 2 Saund. 284, n. 2.

As to irregularity.

If the party distraining be guilty of any irregularity the distress will not be unlawful, but the party injured may recover satisfaction for the special damage in an action of trespass, or on the case, with full costs, (11 Geo. II., c. 19;) but by ib. s. 20, tender of amends before action brought will prevent the tenant recovering.

z Thornton v. Adams, 5 M. and S. 38.

CHAPTER XXIV.

LEASES.

LEASE OF A HOUSE.

b

THIS indenture, made, &c., between (the lessor,) of Parties. the one part, and (the lessee,) of the other part, witnesseth, that for and in consideration of the yearly witnessing rent hereby reserved, and of the covenants and agree- part. ments hereinafter contained, on the part of the said (lessee,) his executors, administrators, and assigns, to be paid and performed, he, the said (lessor,) hath demised and leased, and by these presents doth de- Demise. mise and lease unto the said (lessee,) his executors, administrators, and assigns, all that messuage, &c., situate, &c., with the appurtenances to the same premises belonging; to have and to hold the said, &c., hereby demised, with the appurtenances, unto the said (lessee,) his executors, administrators, and assigns, from the day of last past, [or

Leases must be in writing, except they be for a term not exceeding three years, and whereupon the rent reserved shall be at least two-thirds of the improved value, (29 Car. II., c. 3.) It may be by deed-poll or indenture, (Bac. Abr. Leases, n.)

Although the word assigns may be used here, and the proviso to prevent assigning be inserted, it will not be repugnant. (See Weatherall v. Gee, 2 Ves. Jun. 504.)

day

next ensuing,] for and during, and unto the full end and term of, &c., and fully to be complete and ended. Reservation. Yielding and paying yearly, and every year, during the said term, unto the said (lessor,) his executors, administrators, and assigns, the yearly rent or sum of L. of lawful money of Great Britain, by four equal quarterly payments, on the usual days of payment in the year; that is to say, the of, &c., and the of, &c., free and clear of and from all parliamentary or parochial taxes, rates, and assessments whatsoever; the first payment thereof to begin and be made on the, &c., next ensuing the date of these presents. And the said (lessee) doth hereby for himself, his heirs, executors, and administrators, Covenant for covenant, promise, and agree to and with the (lessor,) his heirs and assigns, in manner following; that is to say, that he, the said (lessee,) his executors or administrators, or some or one of them, shall and will yearly, and every year, during the said term, well and truly pay, or cause to be paid, unto the said (lessor,) his heirs or assigns, the yearly rent or sum of

payment of rent.

The usual covenants.

For payment of rent.

• If to be determined at a certain period of the term, say, "determinable nevertheless as hereinafter mentioned.'

d The rent may be reserved generally, without saying to whom the law will make the distribution, (Plow. 171.)

• The usual covenants, in the absence of any agreement to the contrary, are, that the lessee shall pay the rent and taxes, keep the premises in tenantable repair, with leave for the lessor to enter and view, and for the lessee to amend on notice; and that lessee will quietly yield up the premises at the end of the term; with a proviso for re-entry on non-payment of the rent, or non-performance of the covenants; and, lastly, a qualified covenant for the lessee's quiet enjoyment.

The covenant for payment of the rent will enable the landlord to sue the tenant by action, in case of no distress being found upon the premises sufficiently available. The tenant may deduct ground-rent paid by him; Sapsford v. Fletcher, 4 T. R. 511; and also land-tax, (33 Geo. III., c. 5, s. 17,) unless he has undertaken to pay all taxes, in which case, he will be bound to pay the land-tax; Amfield v. White, 1 Ryan and Moody, 246; Giles v. Hooper, Carth. 135.

lessor to enter

L. hereinbefore reserved, upon the days and times, and in manner and form, hereinbefore appointed for payment thereof, according to the true intent and meaning of these presents. And also that he, the said (lessee,) his executors, administrators, and assigns, shall and will, &c., pay taxes, and repair, &c.; and the same so repaired yield up, (see To repair. p. 104,) and insure against fire, (see p. 108.) And To insure. moreover, that it shall and may be lawful to and for Liberty for the said (lessor,) his heirs or assigns, or his or their and view the agent or agents, either with or without workmen or state and conothers in his or their company, (twice in every year dition. during the said term,) at all seasonable times in the day-time, without the molestation or interruption of the said (lessee,) his heirs, executors, or administrators, to enterk and come into and upon the said demised premises, and every or any part thereof to view, search, and see the state and condition of the same, and of the repairs and amendment thereof, and of all such defaults, decays, and want of repair, which upon any such view or views shall be found, to give or leave notice in writing, or otherwise, at the said And for landdemised premises, unto and for the said (lessee,) his notice of the executors, administrators, and assigns, to repair and want of re

The goods of an incoming tenant are liable for taxes growing due before his time; and as the landlord would be expected to indemnify him from the same, this covenant would enable the landlord to recover from the late tenant.

If the lessee covenants to repair generally, without any exception as to accidents by fire, he will be bound to rebuild the premises in case they are burnt down; Bullock v. Dommit, (6 T. R. 650 ;) it is therefore usual to add an exception as to accidents by fire. In the absence of any agreement, neither the lessor nor his tenant are bound to rebuild in case of destruction by accidental fire; 6 Anne, c. 31, s. 67; Bayne v. Walker, 3 Dow. 283.

The covenant to insure in a specific sum will not limit the amount which the tenant is bound to expend in rebuilding in case of fire; Digby v. Atkinson, (4 Camp. 275.)

* Without leave of entry to view, the landlord would be a trespasser.

lord to leave

pairs.