4 Camp. 73). And equity will not grant an injunction, or relieve a tenant against an ejectment for breach of covenant to insure. (Reynolds v. Pitt, 19 Ves. 134; Rolfe v. Harris, 2 Price, 206; White v. Warner, 2 Mer. 459; Green v. Bridges, 4 Sim.96). If a lessor covenant, that, in case of fire, he will "rebuild and replace" the same, in the same state as they were in before the fire, he is only bound to restore the premises to the state in which they were when he let them, and is not bound to rebuild any additional parts erected by the tenant. (Loader v. Kemp, 2 Car. & Pay. 375). It seems that an Insurance Company may sustain a bill of interpleader in respect of premises which have been burnt down, and which had been insured by the landlord and the tenant under an agreement for a lease-the tenant claiming a right to have the money 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. With respect to framing covenants for insurance against fire in 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. & Ald. 1). VIII. LEASE by two TENANTS IN COMMON to their OF AN UNDI- Recital of the lessors being seised in tee, (subject to annuities) as te THIS INDENTURE, made &c. BETWEEN A. B., of Parties. nants in common of one moiety of the estate; and of the lessee's beother moiety for his life. of rent in respect of time. (a) The covenants and clauses in this lease are very generally Apportionment worded, it being the intention of the parties that the lessee should have great latitude as to the management of the property. More precise stipulations as to management will be found, supra, p. 54, et seq. OF AN UNDI VIDED MOIETY TO THE CO-TENANT. tion of the annuities], the said several annuities being for the lives of the several persons respectively entitled thereto, and 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 herein before-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 of 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: AND WHEREAS certain lands and hereditaments, situate in the several counties of of or to which 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 for the lease; -of the origin of a sum of money applicable to the purchase of tled; -of agree ments that certain covenants shall be entered into with respect to such money, and the and as trustee herein before mentioned to be seised of or entitled to in and OF AN UNDI- land to be pur chased there lands and hereditaments to be purchased with the same sum and residue respectively, or any part thereof respectively: NOW THIS INDENTURE WITNESSETH, that, in pursuance and performance of the said agreement in 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 undivided moiety or half-part or share, hereby demised, of and in the said manors or lordships, or reputed manors 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., Habendum for lessors and les a term if the see shall so long live. OF AN UNDI VIDED MOIETY TO THE Farther red- year. Proviso that lessee may deduct any of the annuities paid by him out of the rent; -covenant by lessee for pay ment of the rent; -and the proportionate part if it become payable; Apportionment of rent in respect of time. 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 herein before reserved, on the said half-yearly days of payment thereof, and in manner herein before 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 (b) 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. |