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UNDER A

POWER.

specified course

of

the said term, use and manage all the said arable lands, and at the end thereof yield and deliver up the same to the said A. B. and C. D., their heirs and assigns, or other the per- of husbandry. son or persons who, under the limitations of the said indenture of the day of, shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the said term hereby created, in four equal shifts or divisions, according to the four-course system of cropping and husbandry practised in the county of -, as nearly as the size of the several closes will admit, (that is to say), [see the covenants supra, pp. 57 -66, substituting for "A. B., his executors, administrators, or assigns,"" A. B. and C. D., their heirs and assigns, or other the person or persons entitled as aforesaid."] Proviso Proviso for for re-entry, supra, p. 68 reserved to "the said A. B. and re-entry. C. D., their heirs or assigns, or other the person or persons who, under the limitations of the said indenture of the

day of, shall for the time being be entitled, in reversion immediately expectant on the said term hereby created, to the hereditaments hereinbefore limited and appointed (e)" AND THE SAID A. B. and C. D., so far as relates to their own acts and deeds, do for themselves, their heirs, executors, and administrators, covenant with the said G. H., his executors, administrators, and assigns, and so far as they are able to contract for or bind the person or persons who, under the limitations of the said indenture of the day of, shall for the time being be entitled to the hereditaments hereby limited and appointed in reversion immediately expectant on the term hereby created (ƒ), without entering into any covenant or obligation,

(e) The power of re-entry in the text appears to be rightly reserved, except, perhaps, that the word "heirs" might be properly omitted. It is pretty clear, that the power of re-entry, even if reserved to the lessors, their heirs and assigns, would enure to the benefit of the remainder-men. (Hotley v. Scott, Lofft, 316; S. C. nom. Lord Tankerville v. Wingfield, 2 Bro. & Bing. 498; S. C. 7 Price, 343; 5 J. B. Moore, 346; 3 Bligh, 331; see, too, 2 Chance on Powers, 226, 316; and see supra, p. 73, n. (b), p. 75, n. (c).

(f) See Goodtitle v. Funucan, 2 Doug. 565, 572; 2 Chance on Powers, 225; and supra, p. 75 n. (c).

[blocks in formation]

Covenants by

the trustees of

the power;

Power of reentry, how it

should be reserved.

UNDER A
POWER.

find sufficient

materials for lessee's repairs;

-and allow refuse hedgewood for firing;

binding themselves, the said A. B. and C. D., their heirs, executors, or administrators, or any of them, otherwise than for their own acts and deeds as aforesaid, do hereby agree with the said G. H., his executors, administrators, -that they will and assigns, THAT they the said A. B. and C. D., their heirs and assigns, and other the person or persons for the time being entitled as aforesaid, shall and will at all times during the said term, when necessary, set out and provide sufficient rough wood, bricks, lime, and fencing stuff for repairing the said messuage or farm-house and buildings, and the gates, posts, pales, rails, stiles, hedges, and fences upon the said premises: AND SHALL allow the said G. H., his executors, administrators, and assigns, for his and their firing to be consumed and burnt on the premises, the bushes, thorns, and roots, which shall arise from the said premises when the ditches shall be cut and scoured as herein mentioned, except such as shall be necessary for making a good hedge there, and repairing other fences belonging to the premises; AND ALSO, THAT it shall be lawful for the said G. H., his executors, administrators, and assigns, at all. times during the said term, in a husband-like manner, to dig and take away any quantity of clay and marl to be used upon the said premises, out of or from such part or parts of the said premises as the said A. B. and C. D., their heirs and assigns, or the person or persons for the time being entitled as aforesaid, or their or his steward or agent, shall set out, and not elsewhere; AND THAT it shall be lawful for the said G. H., his executors, administrators, and assigns, paying the said yearly rents, and observing and performing all the covenants in these presents contained, on his and their parts purposes of the to be observed and performed, quietly to hold all the lands and other hereditaments hereby appointed, or expressed and intended so to be, during the said term, and the barns and stack yards, until the next after the end or expiration thereof, for the laying, threshing, and dressing his and their last year's crop (g): AND further,

-and allow lessee to dig clay and marl for farm purposes;

--and for quiet
enjoyment, till
an appointed
day after the
end of the
term, for the

last year's

crops ;

-and do cer

day of

(g) Upon a demise "until Michaelmas next and no longer," with the privilege of using part of the premises for specific purposes till Lady-day following, ejectment may be brought for those parts to

UNDER A
POWER.

crops;

and allow

the lessee for

turnips, &c., remaining at

the end of the

term, to be estimated by a valuation.

THAT they the said A. B. and C. D., their heirs and assigns, and other the person or persons entitled as aforesaid, shall and will pay and allow to the said G. H., his tain acts for facilitating the executors or administrators, for the threshing and dressing disposal of such the said last year's crop, at the usual rate paid for the same in the neighbourhood of; And shall carry out and deliver the same in quantities of not less than 20 coombs, at any place not exceeding the distance of miles from the said premises hereby appointed, and bring back the empty sacks, the said G. H., his executors, administrators, or assigns, paying the tolls at the turnpike gates, and for unloading the same: AND ALSO SHALL at the end of the term allow the said G. H., his executors, administrators, or assigns, for the turnips and mangel-wurzel, and for the last year's hay, and for the feed of the new layers to be left, as hereinbefore mentioned, at the end of the term hereby created, such sum of money as the same shall be valued at, between the and days of in the said last year, by two or three indifferent persons, (one to be chosen by the said A. B. and C. D., their heirs and assigns, or the person or persons entitled as aforesaid, one by the said G. H., his executors, administrators, or assigns, and the third by the two persons so to be first chosen, or any two of them, such third person to be chosen prior to such two persons entering on their valuation; AND THE SAID E. F. doth hereby for himself, his heirs, executors, and administrators, covenant with the said G. H., his tain repairs. executors, administrators, and assigns, that he the said E. F., his executors and administrators, shall and will, at his or their own proper costs and charges, make and do or cause to be made and done, in a good and workman-like manner, and with good and proper materials of all sorts, the several works or repairs to the said messuage and buildings hereby limited and appointed as aforesaid, which are mentioned or particularized in the inventory or second schedule hereunto annexed, and that such several works

which the privilege does not extend, in the interval between Michaelmas and Lady-day. (Doe d. Waters v. Houghton, 1 Man. & Ry. 208).

Covenant by

the tenant for

life to do cer

UNDER A
POWER.

or repairs (which are estimated in the whole at the sum of
£) shall be made and done some time between the
months of
in the present year. IN WIT-

NESS &c.

and

THE FIRST SCHEDULE referred to in the abovewritten indenture.

THE SECOND SCHEDULE referred to in the abovewritten indenture.

MANUFACTORY

AND MACHINERY.

Parties.

Witnesseth.

VI.

LEASE of a Dwelling-house, MANUFACTORY, and MACHINERY as scheduled. COVENANTS to PAINT the OUTSIDE and INSIDE of the Premises at specified Times; and not to carry on OFFENSIVE TRADES. LESSEE to have the OPTION of PURCHASING the INHERITANCE at a FIXED PRICE and on certain Terms.

THIS INDENTURE, made &c. BETWEEN A. B., of &c. [lessor], of the one part; and C. D. and E. F., of &c., silk manufacturers and co-partners, [lessees], of the other part: WITNESSETH, that, in consideration of the rent Consideration. hereinafter reserved, and of the covenants, conditions, and agreements hereinafter contained and on the part of the said C. D. and E. F., their executors, administrators, and assigns, to be observed and performed, he the said A. B. hath demised, leased, and to farm letten, and by these presents doth demise, lease, and to farm let, unto the said C. D. and E. F., their executors, administrators, and assigns: ALL THAT &c., [parcels—comprising a dwellinghouse with lawn, garden, stable, and out-buildings, cottages for workmen, and a factory with a foreman's house, and several shops and buildings thereto belonging], ALL which

Demise.

Parcels.

AND MA-
CHINERY.

General words.

Steam engines, machinery, and

said premises hereinbefore demised, or expressed and in- MANUFACTORY tended so to be, are delineated in the plan or ground plot thereof drawn in the margin of these presents, TOGETHER WITH [general words, supra, p. 44]; TOGETHER ALSO WITH the two steam-engines and the machinery thereto belonging, warming and steam pipes, gas apparatus, gas pipes, gas burners, and the several fixtures, articles, and things mentioned and comprised in the schedule hereunder written (a): To HAVE AND TO HOLD the said messuages, Habendum.

(a) It will, perhaps, be convenient to state the leading points of the law relating to fixtures, as between landlord and tenant, with a view to preparing the covenants relating to fixtures. They are defined as "those personal chattels which have been annexed to the land, and which may be afterwards severed and removed by the party who has annexed them, against the will of the owner of the freehold;" (Amos & Ferard, Law of Fixtures, p. 2); but they may be more simply and popularly described as personal chattels affixed to the freehold. (See Wms. Law of Executors, pt. 2, bk. 2, ch. 2, s. 3, Fixtures). The questions then arise, first, what are fixtures? and secondly, what fixtures belong to the tenant, and are removable by him, like other personal chattels; (Davis v. Jones, 2 B. & Ald. 165); and what are not so removable?

fixtures.

Law of fixtures between landlord and te

nant.

tutes a fixture.

A personal chattel, to become a fixture, must be let into or fastened What constito the ground, or to some wall or other thing previously let into or fastened to the ground. Thus, a veranda attached to posts fixed in the ground is a fixture. (Penry v. Brown, 2 Stark. N. P. C. 403). So, too, is a conservatory, the supports of which were let into the wall of a house; (Buckland v. Butterfield, 2 Brod. & Bing. 54); and a still set in brickwork; (Horn v. Baker, 9 East, 215; see, too, Leach v. Thomas, 7 Car. & Pay. 328); and a boiler and steam-engine fixed to stone-work by bolts and beams, and the entablature plate. (Hubbard v. Bagshaw, 4 Sim. 326). But a barn, windmill, or other building, resting by its own weight on the ground, or on brick or wooden supports, is not a fixture. (Culling v. Tuffnell, Bull. N. P. 34, commented on 3 East, 55; Rex v. Londonthorpe, 6 T. R. 377; Rex v. Otley, 1 B. & Ad. 161; Naylor v. Collinge, 1 Taunt. 19, 21; Steward v. Lombe, 1 Brod. & Bing. 206 ; S. C. 4 J. B. Moore, 281). And a vat or other utensil, resting on the ground, or on a support fixed in the ground, is not a fixture. (Horn v. Baker, ubi supra). So jibs, fastened by pins, but which could be removed without injuring the building, are not fixtures; (Davis v. Jones, 2 B. & Ald. 165; Trappes v. Harter, 2 Cro. & Mee. 153); nor the machinery of a steam-engine, if fixed by bolts and screws only. (Hubbard v. Bag

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