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STOCKING
FRAMES.

If lessor, on notice, do not repair, lessee may repair and

retain the costs

out of the rent.

Rents in certain events to cease;

several rents hereinbefore reserved, shall and lawfully may peaceably and quietly have, hold, occupy, possess, and enjoy the said several frames or machines, tools, instruments, and premises herein before demised, during the said term of seven years, without any interruption or disturbance whatsoever from or by the said A. B., his executors, administrators, or assigns, or any person or persons whomsoever claiming from, under, or in trust for him or them, or any of them : PROVIDED ALWAYS, and it is hereby agreed and declared between and by the said parties to these presents, that, in case the said frames or machines, tools, instruments, and premises herein before demised, or expressed and intended so to be, or any of them, shall become unfit for work for want of any such necessary repairs and amendments as aforesaid, and in case the said C. D., his executors, administrators, or assigns, or his or their agent, shall give notice thereof to the said A. B., his executors, administrators, or assigns, and he or they shall refuse, neglect, or omit forthwith to put the same or any of them into good and complete working order and condition as aforesaid, it shall be lawful for the said C. D., his executors, administrators, or assigns, (if he or they shall think fit), to put the same or any of them into such good and complete working order and condition as aforesaid, and to deduct and retain the costs and charges which he or they shall or may thereby incur or be put to, from and out of the rents which shall then be or shall thereafter become due and payable to the said A. B., his executors, administrators, or assigns, according to the reservation hereinbefore contained: PROVIDED ALSO, and it is hereby agreed and declared between and by the said parties to these presents, that, if the said frames or machines, or any of them, or any of the tools, instruments, or appurtenances used therewith respectively, shall be destroyed by fire or other inevitable accident, or shall be lost or stolen, without any neglect or default of the said C. D., his executors, administrators, or assigns, or if the same shall not (after such notice as aforesaid) be put in good and complete repair and working condition by the said A. B., his executors, administrators, or assigns, or by the said C. D., his executors, administrators, or assigns,

STOCKING

FRAMES.

-and again to become payable on other events.

If lessee die during the

term, his ex

ecutors or admay determine

ministrators

in pursuance of the proviso lastly hereinbefore contained, then and in any such case the rents hereinbefore reserved and made payable in respect of the said frames or machines which, or the tools, instruments, or appurtenances used with which, shall be so destroyed, lost, stolen, or not repaired as aforesaid, shall cease to be payable from the quarter-day next preceding: PROVIDED NEVERTHELESS, that if any of such frames or machines as last aforesaid shall afterwards be recovered or duly repaired, then the rents hereinbefore reserved in respect of such machines shall again become payable, the first payment of such renewed rents, or a proportionate part thereof, to be made on such one of the quarterly days of payment as shall happen next after the same shall be so recovered or repaired as aforesaid: PROVIDED ALSO, and it is hereby further agreed and declared between and by the said parties to these presents, that, in case the said C. D. shall die before the expiration of the said term of seven years, and in case the executors or administra- it. tors of the said C. D. shall be desirous to determine and put an end to the said term, and shall give three calendar months' notice in writing under their hands of such their desire to the said A. B., his executors, administrators, or assigns, then, from and immediately after the expiration of the said notice and full payment of all rents which shall then have become payable, the said term shall cease, determine, and be utterly void: PROVIDED ALSO, and it is hereby further agreed and declared between and by the parties to these presents, that, in case the said C. D., his executors, administrators, or assigns, shall, at the expiration of the said term hereby granted, be desirous of purchasing the said frames or machines, tools, instruments, and premises, or such of them as shall then be in existence, he the said A. B., his executors, administrators, or assigns, shall and will sell the same to the said C. D., his executors, administrators, or assigns, at a fair and reasonable price, to be determined as hereinafter is mentioned: PROVIDED ALSO, Arbitration and it is hereby lastly agreed and declared between and by the said parties to these presents, that if the said C. D., his executors, administrators, or assigns, shall be desirous of purchasing the said frames or machines and premises, by

Lessee to have the option of purchasing the frames at the

end of the term.

clauses.

STOCKING

FRAMES.

be

virtue of the proviso lastly hereinbefore contained, then
and in such case the same shall be valued within
fore the expiration of the said term by two indifferent per-
sons, one to be chosen by the said A. B., his executors,
administrators, or assigns, the other by the said C. D., his
executors, administrators, or assigns, or if the said two
persons chosen shall disagree, then by an umpire to be
chosen by such two persons before entering on their valua-
tion, and if any doubt, dispute, or difference shall arise
concerning the repair or condition of the said machines, or
the due observance of the covenants relating thereto, the
same shall be decided by two indifferent persons or their
umpire, to be respectively chosen as hereinbefore is directed
with regard to the valuation aforesaid; and if, in case of any
such valuation or decision being required, either of them
the said A. B. and C. D., or their respective executors,
administrators, or assigns, shall neglect or refuse to appoint
a person in pursuance of the provisions aforesaid, or the
person appointed by one of them shall neglect or refuse to
act, then, and in either of such cases, the person appointed
by the other of them, his executors, administrators, or as-
signs, shall alone make such valuation or decision as afore-
said, and such valuation or decision as aforesaid shall in all
cases be binding and conclusive (d). IN WITNESS &c.

(d) See some longer and more perfect arbitration clauses, supra, P. 160.

209

PARTITIONS.

PARTITIONS.

vations.

THE law with respect to Partitions by Conveyance will be found ante, Vol. 1, Art. PARTITION. It will be only necessary to observe General obserin this place, that the present practice of Conveyancers, in all cases of Partition of Freeholds, is to vest the whole estate in a releasee to uses by a general conveyance by lease and release from all persons interested; or, if any of the shares are settled with powers of Partition, then to appoint those shares to uses. The uses are then separately declared, of the lands taken in severalty by each party— so that, in fact, each party takes his lands as a purchaser. Copyholds are similarly dealt with, by means of a covenant by all parties to surrender, and a surrender accordingly of the different tenements to the different parties in severalty; if any share has been settled, with a power of partition, there must be an exercise of the power. It is a question, whether the lord's license is necessary for the Partition of Copyholds; but this, of course, does not arise when the partition is made, as it always should be made, by surrender. The next Precedent furnishes a very complete example of the method of making a Partition, both of Freeholds and Copyholds, where some of the shares have, and some have not, been settled. See, too, the Precedents XV. and XVI., and as to Partitions of Leaseholds, see infra, Precedent XVII. and note (a) thereto.

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FREEHOLDS
AND
COPYHOLDS.

Parties.

XIV.

PARTITION by four Co-heirs of FREEHOLDS and COPYHOLDS-Two of the SHARES having been SETTLED on MARRIAGE, the PARTITION as to them is made under POWERS in the SETTLEMENTS. APPORTIONMENT in equal Shares of a RENT CHARGE Charged on all the Lands Partitioned, with cross POWERS of DISTRESS. THIS INDENTURE, made &c. BETWEEN A. B., of &c. [eldest co-heir], of the first part; C. D., of &c., and E. F., of &c. [trustees of settlement of second co-heir], of the second part; G. H., of &c., and J. H. his wife, (formerly J. B., spinster), [second co-heir], of the third part; H. B., of &c., spinster, [third co-heir], of the fourth part; L. M., of &c., and N. P., of &c., [trustees of settlement of fourth co-heir], of the fifth part; the said C. D. and Q. D. his wife, (formerly Q. B., spinster), [fourth co-heir], of the sixth part; and R. S., [releasee], of the seventh part: Recital of seisin WHEREAS J. B., late of &c., being at the time of his death seised or entitled of or to several freehold messuages, lands, tenements, and other hereditaments, for an estate of inheritance in fee-simple, and being legally or equitably seised or entitled of or to several copyhold or customary messuages, lands, tenements, and other hereditaments, for an estate of inheritance to him and his heirs, according to the customs of the several manors of which the same were respectively holden, died on the day of intestate, leaving the said A. B., J. H., (then J. B., spinster), H. B., and Q. D., (then Q. B., spinster), his only children and co-heirs at law, and also his co-heirs, according to the custom of the several manors, of which the said copyhold or customary hereditaments were respectively holden: [Recital of the settlement on the marriage of J. H. of her

and death of ancestor, intes

tate, and leaving four coheirs ;

-of the settlements of the

shares of two

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