INSURED AS HAZARDOUS. ginal lessors. OF MANUFAC- agreements hereinafter contained and on the part of the TORIES TO BE said C. D., his executors, administrators, and assigns, to be observed and performed: He the said A. B., with Demise, with the license and consent of the said Master, Wardens, and license of ori-, Commonalty, (testified by a resolution to that effect entered in their Court-book (b)), hath demised and leased, and by these presents doth demise and lease, unto the said C. D., his executors, administrators, and assigns, ALL AND SINGULAR the said two messuages, hereditaments, and premises by the said indenture of the Parcels. Habendum for the original term, wanting ten days. How far a cor by a resolution not under seal. day of demised, or expressed and intended so to be, (which two messuages or parts thereof are now used as warehouses), with their rights, easements, and appurtenances: To HAVE AND TO HOLD the said messuages and hereditaments, and all and singular other the premises herein before demised, or expressed and intended so to be, unto the said C. D., his executors, administrators, and assigns, from the for the term of years, [the whole residue then to come of the term], wanting ten days day of (b) A corporation could not in general be bound by a resolution of poration aggre- this nature, or by any agreement not under the corporation seal; gate is bound (Winne v. Bampton, 3 Atk. 473, 475; Wilmot v. The Corporation of Coventry, 1 You. & Col. 518; Carter v. Dean and Chapter of Ely, 7 Sim. 211); but if the lease requires only a license testified by an instrument not under seal, it is probable that a license so given is valid. In ancient times the rule was universal, that, although the head of a corporotion aggregate (if there were a head) might, in some small matters, bind the corporation, yet that a corporation aggregate, not having a head, could not be bound except by writing under the common seal. But this rule is now relaxed, and it is now settled that such corporations may sue and be sued on executed parol contracts. (The Mayor and Burgesses of Stafford v. Till, 4 Bing. 75; Beverley v. The Lincoln Gas Light and Coke Company, 2 Nev. & Per. 283; Gibson v. The East India Company, 5 Bing. N. C. 262; Church v. The Imperial Gas Light and Coke Company, 3 Nev. & Per. 35). It seems to be extremely probable, that, if a regular resolution had been passed by a corporation, for granting an interest in part of the corporation property, and, upon the faith of that resolution, expenditure had been incurred, a court of equity would compel the corporation to make a legal grant in pursuance of that resolution. (Macher v. The Foundling Hospital, 1 Ves. & Bea. 188, which related to a license to a lessee to carry on trade; Marshall v. The Corporation of Queenborough, 1 Sim. & Stu. 520; Maxwell v. Dulwich College, 7 Sim. 222, 227). or MANUFAC TORIES TO BE INSURED AS HAZArdous, Reddendum of yearly rent; fire; thereof thence next ensuing, and fully to be complete and ended, YIELDING AND PAYING therefore yearly, during the said term hereby granted, the sum of £, by equal quarterly payments, on the 25th day of December, the 25th day of March, the 24th day of June, and the 29th day of September in every year, save and except that the last quarterly payment of the said rent or sum of £shall become payable and be paid on the 1st day of September, (c): AND ALSO YIELDING AND PAYING there--and of extrafore from time to time, during the said term hereby granted ments for inordinary payunto the said A. B., his executors, administrators, and surance against assigns, all and every the extraordinary premiums, duties, sum and sums of money, costs, charges, and expenses whatsoever, which he or they shall at any time or times. hereafter during the said term, by reason of any alterations or additions, or communications, made in, to, or with the said messuages hereinbefore demised, or either of them, or the carrying on of any hazardous trade or business in the same, or either of them, be called on or find it desirable to pay to the said Master, Wardens, and Commonalty, their successors or assigns, or otherwise expend for or on account of insuring against loss or damage by fire, either annually or septennially, in the name of the said Master, Wardens, and Commonalty, or otherwise, in any reputable office of insurance in London, or the suburbs thereof, the said messuages herein before demised, or either of them, the said last-mentioned rents or sums to be paid on such one of the days hereinbefore appointed for the quarterly payments of the said rent of £ as shall happen next after any such sum or sums of money as aforesaid shall have been paid or expended; AND ALSO YIELDING AND PAYING therefore the further sum of twenty-one shillings for every assignment, that shall or may at any time or times hereafter be made by him the said C. D., his executors, administrators, or assigns, of this lease, or of the said messuages and premises hereinbefore demised, or any of them, or any part thereof, to any person or persons whomsoever, the same to be paid at the time of executing such assignment; THE SAID The rents to be and of a every assignment. stated sum on OF MANUFAC TORIES TO BE paid clear of Covenants by lessee for pay ment of rent and taxes; -and not to make alterations, &c., re quiring higher insurance, without license; -and to give due notice of such alterations, &c.; SEVERAL rents or sums hereinbefore reserved and made payable, to be paid clear of all existing and future taxes, rates, assessments, deductions, and outgoings whatsoever, except the present land-tax: AND THE SAID C. D. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B., his executors, administrators, and assigns, in manner following: that is to say, [covenants for payment of rents and taxes, "except the present land-tax," see supra, pp. 31, 51]: AND ALSO THAT he the said C. D., his executors, administrators, or assigns, shall not nor will, at any time or times hereafter during the said term hereby granted, make or do, or permit or suffer to be made or done, any alteration or alterations, or addition or additions, in or to the said messuages and premises herein before demised, or any of them, or any communication or communications to or with any adjacent building or buildings or other premises, or carry on any trade or business in or upon the said messuages and premises, or any of them, or any part thereof, which, according to the terms of the fire offices wherein the same messuages shall or may for the time being be insured, be deemed or considered as hazardous, and require the payment of additional premiums or expenses of insurance, without the license. and consent in writing of the said A. B., his executors, administrators, or assigns, and also of the said Master, Wardens, and Commonalty, their successors or assigns, for that purpose first had and obtained: AND FURTHER, that in case he the said C. D., his executors, administrators, or assigns, shall, at any time or times during the said term hereby granted, be desirous (with such licenses and consents in writing as aforesaid) to make, or permit or suffer to be made, any alteration or alterations, or addition or additions, in or to the said messuages and premises, or any of them, or any part thereof, or any communication or communications to or with any adjacent building or buildings or other premises, whereby or by means whereof the said messuages and premises hereinbefore demised, or any of them, shall or may be rendered, or be, by the directors or officers of the fire-office or offices wherein the same shall for the time being be insured, deemed to be, hazardous buildings TORIES TO BE INSURED AS or a hazardous building, or to carry on or permit or suffer oF MANUFfacto be carried on in or upon the same messuages and premises, or any of them, or any part thereof, any trade or business which shall or may by such directors or officers as aforesaid be deemed to be hazardous, and by means of any such alteration, addition, or communication, trade or business, as aforesaid, any further or other insurance or insurances of the same messuages and premises, or any of them, from loss or damage by fire shall become necessary to be made, then, and in any and every such case, he the said C. D., his executors, administrators, or assigns, shall and will, from and after such licenses and consents in writing for that purpose shall have been given by the said A. B., his executors, administrators, or assigns, and by the said Master, Wardens, and Commonalty, their successors or assigns, at least twenty-eight days before the commencing and making of any and every such alteration, addition, or communication, or before any such trade or business shall be begun to be carried on, give notice in writing of such his or their desire to the said A. B., his executors, administrators, or assigns, and also to the said Master, Wardens, and Commonalty, their successors or assigns, in order that such further or other insurance or insurances may be made accordingly: AND SHALL and will thenceforth and from time to time thereafter, during the continuance of the said term hereby granted, pay unto the said A. B., his executors, administrators, or assigns, at the times and in manner aforesaid, all and every such extraordinary premiums, duties, sum and sums of money, costs, charges, and expenses whatsoever, as shall be by him or them, during the said term hereby granted, paid to the said Master, Wardens, and Commonalty, or otherwise expended for or in respect of the making such further or other insurance or insurances as aforesaid: AND MOREOVER, THAT he the said C. D., his —and for payexecutors, administrators, or assigns, shall and will, during supporting the said term hereby granted, bear, pay, and discharge all party-walls, costs, charges, and expenses whatsoever, of and attending, or which shall or may be caused by the supporting and upholding, and, if necessary, the rebuilding of all and every the party walls and fences and party arches and gutters and repay the extraordinary premiums and costs; ment of cost of &c.; INSURED AS tain and re pair; OF MANUFAC of or belonging to or being between the said messuages TORIES TO BE and premises herein before demised, or any of them, or any part thereof, and any other messuage or messuages, or other building or buildings and premises, adjoining thereto, as and where the same shall become necessary and be -and to main- required: AND ALSO, THAT he the said C. D., his executors, administrators, or assigns, shall and will, from time to time and at all times during the said term hereby granted, at his or their own costs and charges, well, sufficiently, and substantially repair, uphold, support, sustain, maintain, glaze, paint, pave, purge, scour, cleanse, empty, amend, and keep the said messuages and premises herein before demised, and every part thereof, with all and every the appurtenances thereunto belonging, in, by, and with all and all manner of needful and necessary cleansings, reparations and amendments whatsoever, when, where, and as often as need or occasion shall be or require: AND MORE PARTICULARLY shall and will in the and also in year the year, in a good and workmanlike manner, paint twice over, with good and proper oil-colour, all the outside wood and iron work of and belonging to the same mes --and in certain years to paint the outside; --and yield up suages and premises: AND AT THE END or other sooner at the end of the term; determination of the said term hereby granted, the same messuages and premises, with all and every the appurtenances thereunto belonging, so well, sufficiently, and substantially repaired, upheld, supported, sustained, maintained, glazed, painted, paved, purged, scoured, cleansed, emptied, amended, and kept as aforesaid, together with all locks, keys, bolts, bars, hinges, fastenings, bells, wainscotting, partitions, closets, privies, water-closets, dressers, shelves, leaden and other pipes, windows, window-shutters, marble and other chimney-pieces, hearths and slabs, fixtures, additions, improvements, and things whatsoever, which now are fixed or belonging, or which shall or may, at any time during the said term hereby granted, be fixed or belong, to the same messuages or either of them, and premises, or any part thereof, shall and will peaceably and quietly leave, surrender, and yield up unto the said A. B., -and that the his executors, administrators, or assigns: AND FUrther, lessors may THAT it shall be lawful for the said A. B., his executors, enter to make |