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OF AN UNDI. tenements and buildings; AND SHALL and will from time
to time, when required, produce and shew to the said A. B. CO-TENANT. and C. D. or either of them, their or either of their assigns, .. and produce or their or his agents or agent, the receipt or receipts acthe policies and the receipts for knowledging the payment of the premium or premiums or
premiums; payments for such insurance: And that all monies which —and that in. surance monies shall be received from time to time for or in respect of any shall be laid, such insurance as aforesaid, shall be forthwith applied and out in re-build. ing.
laid out in or towards the re-building the said messuage or tenement, erections, and buildings, or in repairing all such damages as shall or may happen thereto by fire or by reason or means thereof, and that such re-building and repairing shall be done under the inspection as well of the said A. B. and C. D. respectively, or their respective heirs or as
signs, as of the said E. F., or his executors, administrators, Proviso for or assigns (d): PROVIDED ALWAYS, and it is hereby agreed re-entry.
and declared between and by the parties to these presents, that if the said yearly rent hereby reserved, or any part thereof, shall be behind and unpaid on the 30th day next after any of the days on which the same ought to be paid, or if the said E. F. and his assigns shall not well and truly observe, perform, fulfil, and keep all and every the covenants, clauses, conditions, and agreements hereinbefore contained, and which on his and their parts are and ought to be observed, performed, fulfilled, and kept, then, and in every or any of the said cases, it shall be lawful for the said A. B. and C. D., or either of them, their or either of their assigns, into all or any part of the said premises hereby demised in the name of the whole to re-enter, and the same to have again and re-possess as in their or his former estates or estate, and the said E. F. and his assigns, and all other occupiers of the same premises, thereout and from thence utterly to expel, put out, and amove, anything hereinbefore contained to the contrary thereof in anywise not
(d) With respect to insurance against fire, vide supra, p. 104, n. (f). In the present case, it is assumed that the lessee will insure his own moiety of the mansion-house ; there would, indeed, have been considerable difficulty in providing for the insurance of the demised moiety alone.
withstanding : AND EACH OF THEM the said A. B. and OF AN UNDI. C. D., so far as relates to the undivided fourth part or "To The share claimed by him of and in the said manors or lordships and other hereditaments, doth hereby for himself, Covenant by
the lessors for his heirs, executors, and administrators, covenant with the quiet enjoysaid E. F., his executors, administrators, and assigns, that ment ; he the said E. F. and his assigns, well and truly paying the said yearly rents hereby reserved, and observing, performing, fulfilling, and keeping the said several covenants, conditions, and agreements hereinbefore contained, and on the part of the said E. F. and his assigns to be observed, performed, fulfilled, and kept, shall and may, at all times during the said term of ninety-nine years determinable as aforesaid, peaceably and quietly have, hold, use, occupy, and enjoy the said demised premises and every part thereof, without any lawful let, suit, eviction, interruption, disturbance (e), claim, or demand, by them the said A. B.
(e) Some general remarks on the covenant for quiet enjoyment, Lessee's right will be found supra, p. 40, n. (k).
in respect of
the manner in It may deserve consideration, whether, under the covenant for quiet
under the covenant tor quiet which adjoining enjoyment, the lessor might not be prevented from doing any act property of the to disturb the lessee in the convenient enjoyment of the premises, in lessor is to be such manner as he stipulates that he will use them. As, for instance,
used. if the lessee covenants to use the premises solely as a dwelling-house, whether the erection, by the lessor, on the adjoining land (assuming it to belong to him) of a brick-kiln, or a lime-kiln, would not be a breach of the lessor's covenant that the lessee should quietly enjoy without disturbance by the lessor. And apparently, such should be the construction of the covenant to give “disturbance," a meaning distinct from “eviction” and “ interruption.” There are some cases in which the right of the lessee to restrain the lessor from doing certain acts on the adjoining land has come under review. It has been decided that the mere exhibition, on the treaty for a lease, of a plan of the property, part of which the lessee takes, does not give the lessee a right to say that all the other part of the property exhibited upon such plan shall continue, during his lease, in the same state in which it was exhibited on the plan, or if it was not at the time in such state, shall be made to assume such state, and to have the as sistance of a court of equity to enforce such right,--the lease granted to such lessee being wholly silent as to any provision for the purpose, and there being no evidence of any fraud, mistake, omission, or misapprehension in the framing of the lease. (The Feoffees of Heriots Hospital v. Gibson, 2 Dow, 301 ; Squire v. Campbell, 1 My. & Cra.
OF AN UNDI, and C. D. respectively, or by any person or persons lawfully
TO THE" or equitably claiming or to claim by, from, or under them CO-TENANT. respectively, except the present tenants from year to year --- with excep: of such of the said demised premises as are let, and the tions of certain tenancies.
- present tenant of a public-house, with the appurtenances
at aforesaid, to whom such public-house has been
leased by the said E. F., A. B., and C. D., for a term of Witnesseth, twenty-one years from the day of —; AND THIS further, covenant by the les- INDENTURE ALSO WITNESSETH, that, in pursors that lessee suance of the said agreement in this behalf, and in conmay receive, during the sideration of the said yearly rent hereinbefore reserved, term, the in
and of the covenants and agreements hereinbefore conterest of the monies men tained, and on the part of the said E. F. and his assigns tioned ;
to be performed, each of them the said A. B. and C. D., according only to his present and future estate and interest, doth hereby for himself, his heirs, executors, and adminis. trators, covenant with the said E. F., his executors, administrators, and assigns, that, during the said term of ninety-nine years, determinable as aforesaid, it shall be lawful for the said E. F. and his assigns to have, receive, and take, to his and their own use, all interest which during the same term shall become due in respect of the said sum of £6,000, and the said residue of the said moiety, so as aforesaid received by the said - - and -- of the said purchase-money, and also all dividends, interest, and annual income, which shall arise or be produced from or by the stocks, funds, or securities, in or upon which the
the same sum and residue, or any part thereof respectively, -and that if shall for the time being be laid out or invested: AND ALSO, lands are pur
Tes. That in case at any time during the said term of ninetysee may hold nine years
nine years determinable as aforesaid, all or any part of the
459). But if an agreement that the part of the property not taken by the lessee shall be used only for a particular purpose, can be established, the lessee may have such agreement enforced by injunction; (Rankin v. Huskisson, 4 Sim. 13); and if a plan were referred to in the lease, or the property were therein described as of a particular kind, (a street or garden for example), it might be a question whether the part not taken by the lessee must not be made and kept in the state indicated. (See į My. & Cra, 475, 476, and Rankin v. Huskisson, ubi supra).
said sum of £6,000, or of the said residue, or of any monies OF AN UNDIarising therefrom respectively, shall be laid out in the pur- *** chase of lands or hereditaments, then and in such case, the CO-TENANT. lands and hereditaments which shall be so purchased shall them as part of
the demised be held and enjoyed by the said E. F. and his assigns, lands. during the same term, in like manner and in all respects as the said premises hereinbefore demised are to be held by him and them under or by virtue of these presents: AND Covenants by THE SAID E. F. doth hereby for himself, his heirs, execu
lessee and les
sors that if tors, and administrators, covenant with the said A. B. and lands be pur
chased, they C. D., their executors, administrators, and assigns, and shall be held as each of them the said A. B. and C. D., according only to if demised by
the present his present and future estate and interest, doth hereby for lease ; himself, his heirs, executors, and administrators, covenant with the said E. F., his executors, administrators, and assigns, that so far as the circumstances of the case and the nature of the lands and hereditaments so purchased will permit, the several covenants, provisoes, conditions, and agreements hereinbefore contained shall be applicable to the lands and hereditaments purchased, and these presents shall be construed as if such lands and hereditaments formed part of the premises herein before demised, and the said A, B. and C. D., and their respective executors, administrators, and assigns, shall have all such and the same powers and remedies for the recovery of the said yearly rent hereby reserved, by distress and otherwise, as to the lands and hereditaments so to be purchased, as they would have had in case the same lands and hereditaments had been hereby demised: AND FURTHER, THAT and for fur.
ther assurance the same several persons shall and will, upon the request as to the preof the other or others of the same persons, but at the costs mises demised,
and to be de. and charges of the person or persons making such request, mised. make, do, and execute, all and every such further and other acts, deeds, demises, and assurances, as by the person or persons making such request, or his or their counsel learned in the law, shall be reasonably devised or advised and required, for the further and better and more perfectly demising or assuring the said premises hereby demised, and the lands and hereditaments so to be purchased as aforesaid, to the said E. F., his executors, administrators,
Of An Undi. and assigns, in manner aforesaid, or otherwise for the better
TO THE and more perfectly carrying into effect the several coveCO-TENANT. nants, conditions, provisoes, and agreements hereinbefore
contained, or any of them. In Witness &c.
THE SCHEDULE referred to in the above-written Indenture.
LEASE of Slate QUARRIES by a MORTGAGEE,
and his TRUSTEE, and the MortgaGOR (a), who is Tenant for Life, with Power of LEASING. RESERVATION OF DIFFERENT RENTS, for different Years, and for different Sorts of Slate : the Rents being regulated beyond a certain Amount by the QUANTITIES of Slate SOLD, but to be paid on a GIVEN Quantity in each Year, whether sold or not. Special COVENANTS for ascertaining the AMOUNT of Rent. Lessors to have the Option of purchasing Plant at the end of the Term. LESSEES to be exempt from Tolls,—to have Power to DETERMINE the Term at the End of ANY Year,—and to pay their Rent by Bills of Exchange on LONDON. Usual CovenaNTS
and Clauses as to Working, fc. Parties. THIS INDENTURE, made &c., Between A. B., of
&c., (trustee for mortgagee], of the first part; C. D., of &c., [mortgagee], of the second part; E. F., of &c., [mortgagor, tenant for life, with power of leasing), of the third
part; and G. H. and I. K., of &c., [lessees), of the fourth Witnesseth. part: WITNESSETH, that, in consideration of the rents Consideration. and royalties hereinafter reserved, and of the covenants,
(a) With respect to leases by mortgagor and mortgagee, see ante, Vol. 3, p. 492.