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TORIES TO BE
Insured As 4 Camp. 73). And equity will not grant an injunction, or relieve a
Hazardous, tenant against an ejectment for breach of covenant to insure. (Rey
—no equity to nolds v. Pitt, 19 Ves. 134; Rolfe v. Harris, 2 Price, 206; White v.
relieve against Warner, 2 Mer. 459; Green v. Bridges, 4 Sim. 96).
breach of.^ Tf a lessor covenant that, in case of fire, he will "rebuild and re
lity under a co"- p^6" tne same, in the same state as they were in before the fire, he
venant to re- is only bound to restore the premises to the state in which they were
build in case of when he let them, and is not bound to rebuild any additional parts
fire" erected by the tenant. (Loader v. Kemp, 2 Car. & Pay. 375).
Right of Insur- seems that an Insurance Company may sustain a bill of inter
ance Company pleader in respect of premises which have been burnt down, and
to 8ustain m- which had been insured by the landlord and the tenant under an
ternleader be- , , * , . . ... ,
tween landlord agreement tor a lease—the tenant claiming a right to nave the money
and tenant. laid out in rebuilding the premises. (Paris v. Gilham, G. Coop. 56).
See further on the subject of insurance against fire, ante, Vol. 3, p. 499, n. (d). The questions as to what acts will vitiate policies, and as to ordinary and hazardous policies, do not come within the province of the conveyancer, and the reader must be referred for information respecting them to the works on Insurance. Modeoffram- With respect to framing covenants for insurance against fire in ing the cove- leases, it may be observed, that the insurance may be covenanted to be made either in the name of the landlord or of the tenant, or in the names of both. The best, and perhaps the most usual way, is to insure in the name of the landlord ; and either in that case, or in the case of an insurance in the joint names, the covenant should be to deliver the policy and the receipts to the landlord, to remain in his custody. If the tenant is to insure in his own name, the covenant may be to deposit the policy and receipts with the landlord, but it more usually is, to produce the policy and receipts whenever required. This latter stipulation is essential, if the tenant is to retain the policy and receipts; for in ejectment for breach of covenant to insure, it lies upon the landlord to prove the breach, which it is almost impossible for him to do. (Doe d. Bridger v. Whitehead, 3 Nev. & Per. 557). The covenant should be not only to insure, but to expend the insurance money in rebuilding, so that the covenant may certainly run with the land. (See Vernon v. Smith, 5 B. & Aid. 1).
nants for insur: in
LEASE by two Tenants In Common to their Of An Undi-
THIS INDENTURE, made &c. Between A. B., of partiea.
&c, and C. D., of &c, [lessors], of the one part; and
E. F., of &c, [lessee], of the other part: Whereas the Recital of the
said A. B., C. D., and E. F., are seised or entitled as less°".be|n* ''' seised in lee,
tenants in common of or to the manors or lordships and (subject to another hereditaments hereinafter particularly mentioned or "ante m «>mreferred to, with their rights, members, and appurtenances, mon of on^ the said A. B. and C. D. being seised of or entitled to one estate5- and of equal undivided moiety or half-part of the same premises f1• le?see'sb*
* . » . . ing seised of the
as tenants in common, in equal shares in fee-simple, subject other moiety for to the following annuities, (that is to say), [short specifica- ^life.
(a) The covenants and clauses in this lease are very generally Apportionment worded, it being the intention of the parties that the lessee should of rent m. rehave great latitude as to the management of the property. More pre- s^ect 0 tmw. cise stipulations as to management will be found, supra, p. 54, et seq.
Of An Undi- tion of the annuities], the said several annuities being for the lives of the several persons respectively entitled thereto,
for the lease;
Co-tenant. an(j being payable by equal half-yearly payments on the
day of and the day of in every year,
and being secured by a term of 1,000 years, limited in the hereinbefore-mentioned equal undivided moiety or half part of the premises aforesaid, and the said E. F. is seised of or entitled to the other equal undivided moiety or "agreement half-part of the same premises for his life: And Whereas the said A. B. and C. D. have agreed to grant to the said E. F. a lease of their said equal undivided moiety or half part of the aforesaid manors or lordships and other hereditaments, for the term, and upon, subject to, and under the covenants, conditions, and agreements hereinafter contained: —of the origin And Whereas certain lands and hereditaments, situate of a sum of in the several counties of and , of or to which
money appLi- *
cable to the the said A. B. and C. D., and the said E. F., were seised lands to be set- or entitled for the same estates and interests as they are tled > hereinbefore mentioned to be seised of or entitled to in
the said manors or lordships and other hereditaments hereinafter particularly mentioned or referred to, were lately sold, and one moiety of the purchase-money of such
lands and hereditaments was received by , as trustee
of a power of sale, by virtue whereof, such sale, so far as respects the moiety of or to which the said E. F. was seised or entitled for his life, of such premises was effected, and the other moiety of such purchase-money was received
by and , as trustees of a power of sale, by virtue
whereof, such sale, so far as respects the moiety of or to which the said A. B. and C. D. were seised or entitled, of such premises was effected; and £6,000, part of the lastmentioned moiety of the said purchase-money, has been invented by the said and on mortgage of the lands
and hereditaments in the parish of , in the county of
, hereinafter particularly mentioned or referred to:
—of agree- And Whereas the said E. F., and the said A. B. and
ments that cer- „ _ , .
tain covenants ^- nave agreed to enter into the covenants and agreeshall be entered ments hereinafter contained as to the said sum of £6,000,
into with re- m 91
spect to such and as to the residue of the said moiety received by the said money, an e and of the said purchase-money, and as to the lands and hereditaments to be purchased with the same Of An Undisum and residue respectively, or any part thereof respec- VID*o TMm tively: NOW THIS INDENTURE WITNESSETH, Co-tenant. that, in pursuance and performance of the said agreement land to be purin this behalf, and in consideration of the yearly rents, with. covenants, and agreements hereinafter reserved and con- Witnesseth. tained, and on the part of the said E. F. and his assigns to be paid and performed, they the said A. B. and C. D., according to their several and respective estates and interests, Have, and each of them hath granted, bargained, sold, Demise, demised, and leased, and by these presents do, and each of them doth, grant, bargain, sell, demise, and lease unto the said E. F. and his assigns, All That equal one undivided Parcels, moiety or half-part or share of them the said A. B. and C. D. of and in all and singular the manors or lordships, or reputed manors or lordships, capital and other messuages, farms, lands, and other hereditaments particularized and comprised in the schedule hereunder written, or hereunto annexed, and of and in &c, [general words], and all the estate, &c.: To Have And To Hold the said equal un- Habendum for divided moiety or half-part or share, hereby demised, of fesso^ and lesand in the said manors or lordships, or reputed manors '** 'h*11s0 or lordships, and other hereditaments, and of and in their rights, members, and appurtenances, (subject, nevertheless, and charged and chargeable to and with the payment of the said several annuities hereinbefore specified, so long as the same shall respectively be payable), unto the said E. F. and his assigns, from the 11th day of October last past, for the term of ninety-nine years, if they the said E. F., A. B., and C. D., shall all so long live: Yielding Reddendum. And Paying therefore, yearly and every year during the said term of ninety-nine years, determinable as aforesaid, the
yearly rent or sum of £ , to be paid on the 10th day of
April and the 10th day of October in every year, by equal portions, without any deduction or abatement for or on account of the existing or future land-tax or sewers' rate, or any other existing or future taxes, rates, assessments, quit-rents, payments, or outgoings whatsoever, the first of such half-yearly payments to be made on the 10th day of October next ensuing, if all of them the said E. F., A. B., OF AN UNDIVIDED MOIETY TO THE CO-TENANT.
—and the proportionate part if it become payable;
and C. D. shall be then living: And Yielding And PayIng in the event of the determination of the said term of ninety-nine years, determinable as aforesaid, by reason of the decease of any one of them, the said E. F., A. B., and C. D., on any other day than one of the said half-yearly days of payment, a proportional part of the said yearly rent, for so much of the current half-year as shall have elapsed before such determination (b): Provided Always, that it shall be lawful for the said E. F. and his assigns, from time to time, to retain and deduct out of the rent hereinbefore reserved, all payments which shall from time to time become payable and be made by him and them in respect of any of the said several annuities: And The Said E. F. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B. and C. D., and each of them, their and each of their heirs, executors, administrators, and assigns, in manner following: that is to say, That he the said E. F. and his assigns shall and will, during the said term of ninety-nine years, determinable as aforesaid, well and truly pay or cause to be paid unto the said A. B. and C. D. the said yearly rent hereinbefore reserved, on the said half-yearly days of payment thereof, and in manner hereinbefore mentioned for the payment thereof, according to the true intent and meaning of these presents: And Also shall and will, in the event of the determination of the said term of ninetynine years, determinable as aforesaid by reason of the decease of any one of them, the said E. F., A. B., and C. D., on any other day than one of the said half-yearly days of payment, immediately thereupon well and truly pay or cause to be paid unto the said A. B. and C. D., or
Apportionment of rent in respect of time.
(A) The subject of the apportionment of rent, in point of time, is one of great importance and frequent occurrence. The limits of the present work do not allow sufficient space for its discussion; but the valuable note of Mr. Swanston (1 Swanst. 336) will furnish the reader with ample information on the subject, and with the references to all the earlier cases. The subsequent cases of Norris v. Harrison, 2 Madd. 268, and Symons v. Powell, 6 Madd. 207, and the very important statute of the 4 & 5 Will. 4, c. 22, (ante, Vol. 1, p. 269), should also be consulted.