TORIES TO BE schedules of fixtures, which the tenant is to sign; sors may enter to view con dition, and that on notice te nant will re administrators, and assigns, and his and their agents and OP MANUFACservants, and also for the said Master, Wardens, and Commonalty, their successors and assigns, and their and his agents and servants, at all seasonable times during the said term hereby granted, to enter and come into and upon the said messuages and premises hereinbefore demised, and every part thereof, and there to make a schedule or inventory, schedules or inventories, of the several articles, fixtures, additions, improvements, and things lastly above mentioned, and agreed to be left and yielded up as aforesaid, and which inventory or schedule, inventories or schedules, he the said C. D., his executors, administrators, or assigns, shall and will from time to time sign, upon request for that purpose being made to him or them by the said A. B., his executors, administrators, or assigns, or by the said Master, Wardens, and Commonalty, their successors or assigns, or his or their surveyors or agents: AND and that lesALSO, THAT it shall be lawful for the said A. B., his executors, administrators, or assigns, and his or their agents and servants, and also for the said Master, Wardens, and Commonalty, their successors or assigns, and their and his agents and servants, with or without workmen or others in his or their company, at all seasonable times during the said term hereby granted to enter and come into and upon the said messuages and premises herein before demised, and every part thereof, and there to view, search, and see the state and condition of the reparations thereof, and of all defects, defaults, decays, and wants of reparation and amendment which shall be found to give or leave notice, in writing, at or on the same messuages and premises or any of them, unto or for the said C. D., his executors, administrators, or assigns, to repair and amend the same within the space of three calendar months thence next following, within which time he the said C. D., his executors, administrators, or assigns, shall and will well, sufficiently, and substantially repair and amend the same accordingly: AND ALSO, THAT in case the said Master, Wardens, and Commonalty, their successors or assigns, or their or his agents or servants, shall give or leave any notice whatsoever at or on the said messuages, or either of them, pair; and that, if the superior landlord give a notice to the tenant, he will inform the im TORIES TO BE INSURED AS mediate landlord; carry on any offensive business; underlet or demise the premises without notice; OF MANUFAC to repair and amend the said messuages and premises or any part thereof, then, and in every such case, he the said C. D., his executors, administrators, or assigns, shall and will immediately make known the same to the said A. B., his executors, administrators, or assigns; and also repair and amend the said premises according to every such --and will not notice: AND ALSO, THAT he the said C. D., his executors, administrators, or assigns, shall not and will not, during the said term hereby granted, use, exercise, or carry on, or permit or suffer to be used, exercised, or carried on, in or upon the said messuages and premises herein before demised, or any of them, or any part thereof, any trade, business, or occupation which may be noisome, noxious, noisy, or offen--and will not sive (d): AND MOREOVER, THAT he the said C. D., his executors, administrators, or assigns, shall not nor will underlet, demise, or assign the said messuages and premises herein before demised, or any part thereof, for the term of years hereby granted, or any part thereof, to any person or persons whomsoever, without the license and consent in writing of the said A. B., his executors, administrators, and assigns, and also of the said Master, Wardens, and Commonalty, their successors or assigns, first had and obtained (e) AND ALSO, THAT all assignments and underleases of the said messuages and premises hereinbefore demised, or any of them, or any part thereof, and all writings and agreements whatsoever, of, relating to, or concerning the same, which shall or may, at any time or times during the said term hereby granted, be made or entered into, by, from, or with him the said C. D., his executors, administrators, or assigns, or any person or persons who shall or may have or claim any estate, right, title, interest, or benefit, either at law or in equity, by, from, through, under, or in trust for him or them, shall be prepared and made by or with the order and direction of the clerk for the time being to the said Master, Wardens, and Commonalty, or their successors, and that the reasonable costs and charges of preparing and making the same shall be borne -and that all writings affect ing the premises, shall be prepared by the clerk of the cor porate body the original lessors; : (d) See supra, p. 37, n. ; and p. 90, n. (b). (e) See supra, p. 60, n. (h). oF MANUFACTORIES TO BE INSURED AS and that les good all da see will make mage by fire. lessor to pay certain insur ance premiums to original les sors; and paid by the party or parties for whom the same shall be prepared and made: AND FURTHER, THAT, in case the said messuages and premises hereinbefore demised, or any of them, shall, during the said term hereby granted, be burnt down or receive damage by fire, then and in every such case he the said C. D., his executors, administrators, or assigns, shall and will forthwith, from time to time, at his or their own costs and charges, rebuild, make good, and perfectly reinstate the said premises which shall be so burnt down or damaged as aforesaid: PROVIDED ALWAYS, Proviso for &c., [proviso for re-entry on non-payment of rents or breach re-entry. of covenants, supra, p. 68], AND THE SAID A. B. doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said C. D., his executors, administrators, and assigns, in manner following: that is to say, that &c. [covenant for quiet enjoyment, supra, p. 92]: AND ALSO, Covenant by THAT he the said A. B., his executors, administrators, or assigns, shall and will from time to time, during the said term hereby granted, pay unto the Master, Wardens, and Commonalty, their successors or assigns, all and every the sum and sums of money, which they the said Master, Wardens, and Commonalty, their successors or assigns, shall pay or expend for insuring, either annually or septennially, in their own name, in any reputable office of insurance in London or the suburbs thereof, the said messuages and premises herein before demised, in the sum of £, from any loss or damage by fire during the said term hereby granted, and which he the said A. B., his executors, administrators, or assigns, shall be liable to pay in that behalf, according to the true intent and meaning of the said indenture of the day of, [the original lease]: AND ALSO, THAT, in case the said messuages and -and that, as premises hereby demised, or any of them, shall, at any time or times during the continuance of the said term hereby granted, be destroyed or damaged by fire, and the said C. D., his executors, administrators or assigns, shall rebuild, make good, and perfectly reinstate in a good, substantial, and workmanlike manner, and to the entire good-liking and satisfaction of the surveyor for the time being to be employed by the said Master, Wardens, and Commonalty, their succes soon as the lessee shall have rebuilt premises burnt down, lessor will obtain from the original lessors, and pay to the les see, the insurance monies recovered; OF MANUFAC TORIES TO BE Liability of sence of special Under general covenant to repair. sors and assigns, and of the said A. B., his executors, administrators, or assigns, the said premises which shall have been so burnt down or damaged as aforesaid, then and immediately thereafter he the said A. B., his executors, administrators, or assigns, shall and will use his or their best exertions (but at the proper costs and charges in all things of the said C. D., his executors, administrators, and assigns) to obtain, recover, and receive from the said Master, Wardens, and Commonalty, their successors or assigns, all such sum and sums of money as they the said Master, Wardens, and Commonalty, their successors or assigns, shall actually receive, by virtue of any insurances against fire effected by them, in pursuance of the covenant in that behalf contained in the said indenture of the day of, [the original lease], and as they shall be liable to pay to the said A. B., his executors, administrators, and assigns, under and by virtue of the same indenture; and also that he the said A. B., his executors, administrators, or assigns, shall and will pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, all such sum and sums of money as the said A. B., his executors, administrators, or assigns, shall so actually obtain, recover, or receive from the said Master, Wardens, and Commonalty, their successors or assigns, as last aforesaid. IN WITNESS &c. (ƒ). (ƒ) At the common law, lessees were not answerable to landlords for accidental or negligent burning of houses by fire, but the statute of Gloucester, by making tenants for years liable for waste without any exception, rendered them answerable for destruction by fire. The ancient law is, however, restored by the statute 6 Anne, c. 31, s. 6, which exempts from actions all persons "in whose house or chamber any fire shall accidentally begin." (Co. Litt. 57. a., n. 1; 53. a., n. 7; 53. b., n. 5; 1 Wm. Saund. 323 a, n. (7); see, too, the Building Act, 14 Geo. 3, c. 78, ss. 88, 101). The 7th section, however, of the statute of Anne provides, that special agreements between landlord and tenant are not to be thereby affected. If, therefore, a lessee covenant to repair generally, without an exception in cases of fire, he must rebuild or repair in case of destruction or damage by fire; (Bullock v. Dommitt, 6 T. R. 650); and the assignee is bound by the covenant. (Ib.; see, too, Phillipson v. Leigh, 1 Esp. 398; Pym v. Blackburn, 3 Ves. 34, 38). And if the lease contain a covenant to insure for a certain sum, and also a general covenant to repair, the liability to repair, in case of fire, is not limited by the amount of the insurance. (Digby v. Atkinson, 4 Campb. 275). Nor, if the tenant covenant to repair generally, is he exempted from repairing or rebuilding, in case of fire, by the landlord's having, in fact, insured the premises, and received the insurance money; (Leeds v. Cheetham, 1 Sim. 146); nor has he, in such case, any equity to compel the landlord to lay out the insurance money in the repairs. (Ib.; see, too, Pinder v. Ainsley, cited 1 T. R. 312). And where the landlord covenanted to maintain the outside work, and the tenant the interior, and the landlord insured, and the premises were burnt, it was held, that although the landlord was bound to perform his covenant, yet that the tenant had no equity to have the whole of the insurance money laid out on the premises before he commenced his own repairs. (Leeds v. Cheetham, ubi supra). And whether the lessee be or be not bound by his covenant to repair in case of fire, yet he is bound to pay rent under his covenant for that purpose, unless he be specially exempted; (Monk v. Cooper, 2 Stra. 763; S. C. 1 Ld. Raym. 477; Belfour v. Weston, 1 T. R. 310; Camden v. Morton, 1 Selw. N. P. 464); and so in the case of an agreement to pay rent during a tenancy from year to year. (Baker v. Holtzapffel, 4 Taunt. 45). And so, where a tenant held a second floor without any written agreement, and the premises were burnt, he was held liable to pay rent in an action for use and occupation for the period which elapsed between the fire and the regular determination of the tenancy. (Iron v. Gorton, 5 Bing. N. C. 501). And there is no equity in favour of a lessee to restrain an action for rent, even if the lessee be exempted from rebuilding; the rent must be paid whether the houses are standing or not. (Hare v. Groves, 3 Anst. 687; Holtzapfell v. Baker, 18 Ves. 115, overruling some earlier cases there cited). Nor is the lessee relieved from payment of rent, even by the lessor having covenanted to rebuild in part, and not having done so. (Leeds v. Cheetham, 1 Sim. 146). A covenant to lay out a given sum of money in rebuilding or repairing in case of damage by fire, is a covenant running with the land; and within the limits of the Building Act, 14 Geo. 3, c. 78, a covenant to insure in a given sum also runs with the land, because the act provides that money recovered under such a covenant shall be laid out in rebuilding. (Vernon v. Smith, 5 B. & Ald. 1). A covenant" to insure and keep insured a given sum of money upon the premises, during the term, in some sufficient insurance office," is a valid covenant, not void for uncertainty as to the office. (Doe d. Pitt v. Shewin, 3 Camp. 134). OF MANUFAC- INSURED AS Lessee bound to pay rent, notwithstand ing the premises are burnt down. Covenant to insure;-whe ther it runs with the land; when sufficiently certain; If there be a covenant to insure, such covenant is broken by the what a breach of; premises being left uninsured for any part, however small, of the term, even though no fire occur and a proper insurance be afterwards established. (Doe v. Shewin, ubi supra ; Doe d. Pitt v. Laming, |