VIDED MOIETY -and to pay taxes and outgoings; the annuities; to the survivor of them, and the executors or administrators OF AN UNDIof the one who shall have died, a proportionate part of the said yearly rent, for so much of the current half-year as shall have elapsed before such determination, according to the true intent and meaning of these presents: AND ALSO shall and will bear, pay, and discharge all land-tax, sewers' rate, and all manner of other taxes, rates, assessments, quitrents, payments, and outgoings whatsoever, either already taxed, assessed, imposed, or payable, or hereafter, during the continuance of the said term of ninety-nine years, determinable as aforesaid, to be taxed, assessed, imposed, or become payable on the said yearly rent hereby reserved or any part thereof, or on the said hereby demised premises or any part thereof, or on the landlord or landlords thereof, by authority of Parliament or otherwise howsoever: AND and to pay ALSO shall and will, during the said term of ninety-nine years, determinable as aforesaid, well and truly pay, or cause to be paid, the said several annuities of £- £ £, and £, or such of them as shall for the time. being be payable, when and as the same respectively shall become payable: AND ALSO shall and will, from time to time and at all times during the said term of ninety-nine years, determinable as aforesaid, well and truly observe, perform, fulfil, and keep all covenants and agreements which have already been entered into with any of the present tenants or occupiers of any of the said demised premises, or in relation to such premises respectively, and on the part of the landlords or landlord to be observed, performed, fulfilled, or kept, during such term, or any part or parts thereof: AND FURTHER, THAT he the said E. F. and keep the premises in reand his assigns shall and will, at his or their costs and pair; charges, from time to time and at all times during the continuance of the said term of ninety-nine years, determinable as aforesaid, when and so often as occasion shall require, and whether any notice for that purpose shall be given or not, well and substantially repair, amend, support, maintain, sustain, paint, cleanse, scour, preserve, and keep the said messuages or tenements, farms, lands, and hereditaments, and all and singular other the premises hereby demised, and all the gates, stiles, bars, pales, posts, and keep and ing engageperform existments with te nants; OF AN UNDI- or cause the lands to be ma bandlike man ner; -and keep the pleasure grounds in good order. rails, bridges, hedges, ditches, drains, wells, banks, watercourses, grips, and fences, of and belonging to the said demised premises, or any part or parts thereof, damage by fire, storm or tempest, or other inevitable accident to the same premises (other than the hereditaments hereinafter -and manage covenanted to be insured) only excepted: AND ALSO shall and will, at all times during the said term of ninety-nine naged in a hus- years, determinable as aforesaid, cultivate, till, keep up, and manage, or cause and procure to be cultivated, tilled, kept up, and managed, in a proper and husband-like manner, and according to the nature thereof respectively, all the lands, one moiety whereof is hereby demised: AND ALSO shall and will, at all times during the said term of ninetynine years, keep the pleasure grounds, orchards, gardens, hothouses, and greenhouses attached to [the mansionhouse] aforesaid, properly stocked, planted, weeded, gravelled, rolled, cleansed, and preserved, and well and sufficiently improve, rail up, prune, and preserve all the flowers, shrubs, fruit-trees, plants, vines, and other trees now growing or hereafter to be growing on the said pleasure grounds, orchards, gardens, hothouses, and greenhouses; and, as often as the same or any of them shall die or decay, sow, set, and plant others in their places, of a good or better sort, and also keep such of the ponds in the premises hereby demised as are now stocked with fish, properly stocked therewith: AND THE SAID A. B. and C. D. do hereby grant and agree to and with the said E. F. and his assigns, that it shall be lawful for the said E. F. and his assigns, from time to time and at all seasonable times in the year during the term hereby granted, to fell and cut down the underwood in all woods or wood grounds hereby demised, when of proper and sufficient growth, in regular and proper rotation, and according to the custom of the country: AND ALSO from time to time to thin the young woods and wood grounds and plantations hereby demised, when and so often as the same ought to be thinned, having regard to the raising and growth of timber in the said. --and cut tim- young woods and wood grounds and plantations: AND ALSO to fell and cut down, in the usual course, all timber and other trees growing on the said demised premises, or Covenant by the lessors that lessee may cut underwood in due succession; -and thin plantations ; ber not orna mental; OF AN UNDI- TO THE and to use and dispose of the underwood, thinnings, and cuttings. Covenants by the lessee, in cutting underwood, to leave a sufficient number of standards; any part thereof, except such timber or other trees as shall be ornamental: AND ALL THE underwoods, cuttings, poles, thinnings, timber, and other trees, which upon such falls and cuttings of underwood, and thinning, and cutting, and felling of timber or other trees, shall be felled or cut down, to make use of for repairs, or to carry away and dispose of for his and their own benefit, without any let or interruption of the said A. B. and C. D., or their respective assigns: AND THE SAID E. F. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said A. B. and C. D., their heirs and assigns, that he the said E. F. and his assigns, as often as he or they shall cut down underwood in any of the said young trees for woods and wood-grounds, shall, besides the timber trees and standards and stocks which shall have been left on former falls to grow for timber, leave a sufficient number of other young trees or shoots best suited for standards and stocks upon each acre, and so in proportion for any quantity less than an acre of underwood, so to be cut down according to the custom of the country: AND FURTHER, and to make THAT when and so often as he or they shall thin any of the thinnings properly; said young woods or wood-grounds or plantations, such thinnings shall be made in a proper manner, having regard to the raising and growth of timber in the said young woods and wood-grounds and plantations: AND FURTHER, THAT when he the said E. F. or his assigns shall fell or cut down any timber or other trees, he or they shall and will, as soon afterwards as practicable, and as the seasons will allow, set or sow, or preserve and keep, on the same land or some other convenient part or parts of the said demised premises, young trees, saplings, shoots, seeds, seedlings, acorns, beech-mast, or ash keys, sufficient to insure the replacing of the timber or timber-like trees which shall have been cut down or fallen: AND FURTHER, THAT he the said E. F. or his assigns shall not nor will, at any time during the said term of ninety-nine years, determinable as aforesaid, fell or cut down on any part of the said demised premises any ornamental timber or other ornamental trees: AND FURTHER, THAT he the said E. F. and his assigns shall and will from time to time, during the said term of and to plant and sow to replace timber cut down; -and not to cut down orna mental timber; and to protect woods and trees from injury by cattle; 114 OF AN UNDI VIDED MOIETY TO THE -and to deliver up the premises at the end of the term; ninety-nine years determinable as aforesaid, well and sufficiently hedge, ditch, fence, rail, and secure the said woods and wood grounds and plantations, and all scattered and ornamental timber and other trees, so that the same may be preserved and kept from damage or spoil by cattle or otherwise: AND FURTHER, THAT he the said E. F. or his assigns shall and will, at the end or other sooner determination of the said term of ninety-nine years determinable as aforesaid, deliver up to the said A. B. and C. D. all the said demised premises so well and sufficiently repaired, amended, supported, maintained, sustained, painted, cultivated, tilled, kept up, stocked, planted, weeded, gravelled, rolled, and preserved, and with all gates, stiles, bars, pales, posts, rails, bridges, hedges, ditches, drains, wells, banks, watercourses, grips, and fences, so well and substantially repaired, amended, supported, maintained, sustained, painted, cleansed, scoured, preserved, and kept up as aforesaid; damage by fire, storm or tempest, or other inevitable accident to the same premises respectively, other than --and that les aforesaid, only excepted: AND ALSO shall and will permit and suffer the said A. B. and C. D., respectively, and their respective assigns, agents, servants, and workmen, at all seasonable times during the term hereby granted, to enter into and upon the said hereby demised premises, and every or any part thereof, there to view the same and to take account of the state and condition of the said hereditaments and premises, and of the same or any part thereof not being in such state or condition as they then ought to be, to give notice to the said E. F. or his assigns, requiring him or them to make good the same within three calendar months next after every such notice, within which time, he the said E. F. or his assigns will make good the same accordingly (c): AND ALSO, THAT the said E. F. and his sor may enter and inspect, and give notice of defaults, on which lessee shall make them good; -that lessee Covenant to repair, and yield up in repair; (c) With respect to the obligation imposed by general covenants to repair, and yield up at the expiration of the term, and by what acts such covenants are broken, see Lant v. Norris, 1 Burr. 287; Evelyn v. Raddish, 7 Taunt. 411; Luxmore v. Robson, 1 B. & Ald. 584; Doe d. Dalton v. Jones, 4 B. & Ad. 126; S. C. 1 Nev. & Man. 6; Woods v. Pope, 1 Bing. N. C. 467; S. C. 1 Scott, 536; 6 Car. & Pay. OF AN UNDI- TO THE assigns shall and will, at his and their own costs and charges, immediately insure or cause to be insured, and at all times afterwards during the said term of ninety-nine years determinable as aforesaid keep insured, from loss or will insure mansion-house; damage by fire in the insurance office, or some other public office in London or Westminster for insurance against loss by fire, the said capital messuage or tenement of, and the erections and buildings thereto belonging, to the full amount of the value of the said messuage or 783; Stanley v. Towgood, 3 Bing. N. C. 4; Mantz v. Goring, 4 Bing. N. C. 451; Johnson v. St. Peters, 6 Nev. & Man. 106; Doe d. Wetherell v. Bird, 6 Car. & Pay. 195. In framing the general covenant to repair, and the covenant (also usually contained in leases) to repair within three months' after notice from the lessor, care must be taken to keep the covenants distinct, so as to impose on the tenant the obligation to repair, without any notice, as well as after notice. This point is, however, sometimes overlooked, or not aptly guarded against. Thus, a covenant was framed for the lessee to repair at all times, when, where, and as often as occasion should require, during the term, and at furthest, within three months after notice of want of reparation; and it was held that this was one entire covenant, and could not be stated as an absolute covenant to repair, without alleging a notice to have been given of the want of reparation. (Horsefall v. Testar, 7 Taunt. 385; S. C. 1 J. B. Moore, 89). On the other hand, where there was a covenant to repair during the term, when, where, and as often as occasion should require, and to yield up the premises in repair at the expiration of the term, and a subsequent covenant to repair within six months after notice by the lessor, it was held that the lessor might sustain an action against the lessee for leaving the premises out of repair, at the expiration of the term, without having given six months notice to repair. (Wood v. Day, 7 Taunt. 646; S. C. 1 J. B. Moore, 389; see, too, Harflet v. Butcher, Cro. Jac. 644; Doe d. Morecraft v. Meux, 4 B. & C. 606; S. C. 7 Dow. & Ry. 98; S. C. 1 Car. & Pay. 346). With regard to the question, whether giving a notice to repair waives a forfeiture incurred by breach of the general covenant to repair, see Roe d. Goatly v. Paine, 2 Camp. 520; Doe d. Morecraft v. Meux, ubi supra. A court of equity will not decree a specific performance of a covenant to repair; (Mosely v. Virgin, 3 Ves. 184); nor can the tenant have any relief against a forfeiture for breach of such a covenant. (Hill v. Barclay, 18 Ves. 56; Doe d. Mayhew v. Asby, 2 Per. & Dav. 302). -general, how affected by a covenant to re pair on notice. Specific performance of, and relief against covenants to repair; |