RIES.

sees will do no

unnecessary damage;

or fence round abandoned

effect from any of the persons hereinbefore authorized to SLATE QUARmake such inspection as aforesaid, forthwith, or as soon as conveniently may be, repair, correct, and amend the same, and keep and continue the same in perfect repair and working condition, and shall and will at all times render every reasonable facility, convenience, and assistance, for making such inspection as aforesaid, unto all the persons herein before authorized to make such inspection as aforesaid: AND ALSO, THAT the said G. H. and I. K., or either and that lesof them, their or either of their executors, administrators, and assigns, shall not nor will commit any unnecessary damage, spoil, or waste, in or upon the aforesaid lands and premises, or any part thereof, in the carrying on the said works, or in the exercise of the powers hereinbefore contained: AND SHALL and will fence round and fill up, level and fill up and cover in a proper substantial manner, to the satisfaction of the said A. B., his heirs or assigns, and of the said E. F., quarries; or other the person or persons for the time being entitled to the reversion of the premises hereinbefore demised, or expressed and intended so to be, all such quarries, pits, shafts, and other works as may have been wrought out, or can no longer be worked to advantage: AND SHALL and will fence round in a proper and substantial manner, and to the satisfaction of the person or persons aforesaid, all use; and singular the quarries, pits, shafts, works, pit-room, heap-room, store-room, yards, roads, ways, and paths whatsoever, which shall be worked or made under or by virtue of these presents; and shall and will erect and set up all such gates, posts, and other defences as shall be required for preventing cattle or other animals from trespassing on the premises aforesaid, or injuring themselves: AND SHALL and keep and will keep in good and substantial repair all and singupair; lar the fences and erections to be erected under or by virtue of the covenants hereinbefore contained, or either of them: AND SHALL and will make reasonable and fair and make compensation to any tenant or tenants, occupier or occucompensation for damage; piers, of the surface of the premises hereinbefore demised, or expressed and intended so to be, and to any other person or persons whomsoever, for any damage or loss which may be sustained by him or them by reason or in

-and fence

round the quarries, &c., in

RIES.

-and indem

nify the lessors;

-and will not underlet or assign without consent.

SLATE QUAR- Consequence of the said works, or in the execution of the powers and authorities in these presents contained, or anywise in relation thereto, or to any matter or thing which may be done in pursuance of these presents, so far as any such tenant or occupier or other person or persons shall be entitled to such compensation (e): AND SHALL and will save, defend, keep harmless, and indemnify the said A. B., C. D., and E. F., and every of them, their and every of their heirs and assigns, and all and every the persons or person entitled to or interested in the lands herein before mentioned, from all actions, suits, claims, and demands on account of any such damage or loss as aforesaid: AND ALSO, THAT the said G. H. and I. K., their executors, administrators, or assigns, shall not nor will at any time or times transfer or assign over, grant, or underlet, or otherwise part with, to any person or persons whomsoever, the said slate quarries, pits, works, matters, and things, liberties, authorities, privileges, and premises, herein before demised or expressed, and intended so to be, or any of them, or any part thereof, for the whole or any part of the said term hereby granted, without the consent and approbation in writing of the said A. B., his heirs or assigns, and of the said E. F., or other the person or persons so for the time being entitled to the reversion as aforesaid, for that purpose first had and obtained: AND IT IS HEREBY agreed and declared, that no tolls shall be taken or demanded by the said lessors or any of them, or any person claiming through or under them or any of them, from the said G. H. and I. K., their executors, administrators, or assigns, in respect of the roads or ways which they may use for the purposes of these presents (f): PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that it shall be lawful for the said G. H. and

Lessees to be exempt from

tolls on private roads.

Power to lessees to determine the term.

(e) In this case most of the tenancies were subject to the right of the lessor to enter and work mines without making any compensa

tion.

(f) The property forming the subject of the present lease was situate in Ireland, and, perhaps, this and some other of the provisions inserted may be inapplicable to English leases.

I. K., their executors, administrators, and assigns, at the end of any year of the said term hereby granted, to determine the same term, the said G. H. and I. K., their executors, administrators, or assigns, giving previously one year's notice of their intention so to determine the same, and paying the several rents, and observing and performing the several covenants, conditions, and agreements in these presents contained, and on the part of the said E. F. and G. H., their executors, administrators, and assigns, to be paid, observed, and performed, up to the day of the said term being so determined, and also paying to the person or persons for the time being entitled to the reversion of the said premises, the sum of £1,000 over and above the rents and sums of money which by virtue of these presents may be due and payable at the time of such determination (g):

(g) The power to the tenant to determine the lease by notice should always be made conditional on his having paid the rent and performed the covenants up to the time of the determination, and so that the condition may be precedent to the effectual exercise of the power. (Porter v. Shephard, 6 T. R. 661). And it should be specified whether the power of determination is to be exercised both by the lessor and lessee, or by which of them alone. If an agreement be entered into to grant a lease for seven, fourteen, or twenty-one years, or if an informal lease be made in like terms, it will be considered that the lessee is entitled to, or has, a lease for the twenty-one years, determinable at his option alone, at the end of seven or fourteen years; for ambiguities in grants are to be construed in favour of the grantee. (Dann v. Spurrier, 7 Ves. 231; S. C. 3 Bos. & Pul. 399; Doe d. Webb v. Dixon, 9 East, 15; Price v. Dyer, 17 Ves. 356).

SLATE QUAR

RIES.

Power to deter

mine a lease;

-how to be

framed.

To whom it should be reserved, and to whom it be

The lessee's power of determination should, of course, be reserved to him, his executors, administrators, or assigns; and the lessor's power should be reserved to him, his heirs or assigns, if he be seised in fee-simple, or to him, his appointees, heirs, or assigns, if he have longs. the power of appointment, and the reversion in fee. If he be tenant for life, with a power of leasing, the power of determination may be reserved to him, and to the person or persons for the time being entitled to the possession of the premises in reversion expectant on the term. If the lessor be himself a lessee, the power should be for him, his executors, administrators, or assigns. But it seems that though the power be inaccurately reserved, and even though the assigns be not mentioned, yet that it will run with the land, both as to the reversion and the term. (See Lord Ellenborough's judgment in Roc d. Bamford v. Hayley, 12 East, 464). In that case there was a proviso in a

PROVIDED ALSO, and it is hereby agreed and declared between and by the parties to these presents, that if it shall happen that the rents and sums of money hereinbefore reserved, or any of them, or any part thereof, shall be behind or unpaid for the space of forty days over the times when the same respectively shall have become due and

lease for twenty-one years, that, "if either of the said parties shall be desirous to determine this lease at the end of the first seven or fourteen years of the said term, then it shall be lawful for either of them, his executors or administrators, so to do, upon giving unto the other of them, his heirs, executors, or administrators, or leaving the same at his or their place of abode, twelve months' notice, in writing, of such his or their intention, anything herein contained to the contrary notwithstanding," and it was held that the devisee of the lessor might give the notice required. (See, too, Simpson v. Clayton, 4 Bing. N. C. 758, 780). Where the power was reserved to the parties, or their respective heirs or executors, to determine the lease on "notice in writing under his or their respective hand or hands," and the lessor died, having devised the reversion so as to vest in three persons (whom he appointed his executors) as joint tenants, and two only of these persons gave the notice, but expressed it to be on behalf of themselves and the third person, it was held that the notice was insufficient, and could not be made valid by the subsequent assent of the third person. (Right d. Fisher v. Cuthell, 5 East, 491; S. C. 2 Marsh. 83; 5 Esp. 149; see, too, Goodtitle d. King v. Woodward, 3 B. & Ald. 689; Doe d. Joliffe v. Sybourn, 2 Esp. 877). A lease to which the King was a party, and granted by the Commissioners of Woods and Forests, contained a clause empowering the commissioners for the time being to determine the lease by notice, and it was held that, by virtue of the statute 10 Geo. 4, c. 50, s. 92, the lease was determined by a notice signed by two only out of the three commissioners. (Coombes v. Dutton, 5 Mee. & Wels. 469).

A power to determine a lease generally can only be used to determine the lease generally of the whole premises, even although the lease contain distinct demises, at distinct rents, of different parts of the property. (Doe Lessee of Rodd, v. Archer, 14 East, 245).

The power to determine by notice must, of course, be strictly pursued thus, if the proviso in the lease be, that a certain act done by the lessee shall be a forfeiture, if the lessor thereupon give notice to determine the lease at the end of a certain time, a notice that if the lessee do not in future observe the condition which he has broken, the lessor will determine the lease, will not be a valid notice for the purpose of determining the lease, and enabling the lessor to re-enter. (Muskett v. Hill, 5 Bing. N. C. 694).

RIES.

Covenant by

the lessors for quiet enjoy

payable in manner hereinbefore mentioned, according to SLATE QUARthe true intent and meaning of these presents, or if the said G. H. and I. K., their executors, administrators, or assigns, shall not effectually keep, observe, and perform all and every the covenants, conditions, and agreements herein contained, and on their parts to be kept, observed, and performed, then, and in either of such cases, it shall be lawful for the said A. B., his heirs or assigns, into and upon all and singular the said quarries, beds of slate, and premises hereinbefore demised, or expressed and intended so to be, or any of them, or any part thereof in the name of the whole, to re-enter, and thenceforth to repossess and enjoy the same, together with all engines, working tools, machinery, plant, slate, roofing slate, and other produce, then being on the said premises, or gotten from the said slate quarries or pits, as fully and effectually, to all intents and purposes, as if these presents had never been made: AND EACH of them, the said A. B. and C. D., so far as relates to the acts and deeds of himself, his heirs, executors, administrators, ment. and assigns, and also the said E. F., doth hereby for himself, his heirs, executors, and administrators, covenant with the said G. H. and I. K., their executors, administrators, and assigns, that it shall be lawful for the said G. H. and I. K., their executors, administrators, and assigns, paying the several rents and sums of money hereinbefore reserved, and observing and performing the covenants, conditions, and agreements in these presents contained, and on their part to be observed and performed, from time to time and at all times during the continuance of the term hereby granted, peaceably and quietly to have, hold, use, occupy, possess, and enjoy the said quarries and beds of slate, liberties, privileges, powers, and authorities, and all and singular other the premises hereinbefore demised, or expressed and intended so to be, without the lawful let, suit, trouble, interruption, or disturbance of the said A. B., C. D., and E. F., or any of them, their or any of their heirs, executors, administrators, or assigns, or of any other person or persons whomsoever lawfully claiming or to claim by, from, or under or in trust for them or any of them, or in anywise entitled to or interested in the reversion of the said premises: PROVIDED ALWAYS, and Proviso that