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the said term, use and manage all the said arable lands, and Under A at the end thereof yield and deliver up the same to the said —P° —— A. B. and C. D., their heirs and assigns, or other the per- Xh^Wi^TM* 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-entrv

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 Covenants by relates to their own acts and deeds, do for themselves, their jjj p^r** °' 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 (/), without entering into any covenant or obligation,

(e) The power of re-entry in the text appears to be rightly re- Power of reserved, except, perhaps, that the word "heirs" might be properly *J^jj~j^°* 14 omitted. It is pretty clear, that the power of re-entry, even if s^ed. 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).

(/) See Goodtith v. Funucan, 2 Doug. 565, 572; 2 Chance on Powers, 225; and supra, p. 75 n. (c). vOL. iv. g

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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, and assigns, That they the said A. B. ami G. 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 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 day of next after the

end or expiration thereof, for the laying, threshing, and dressing his and their last year's crop (g): And Further,

iff) 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 That they the said A. B. and C. D., their heirs and TMD'* A assigns, and other the person or persons entitled as aforfe

«ud, shall and will pay and allow to the said G. H,, his £2m"Sng°the executors or administrators, for the threshing and dressing disposal of sucb the said last year's crop, at the usual rate paid for the same cropB'

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, administra- turnips, &c, tors, or assigns, for the turnips and mangel-wurzel, and for ^m^^ *ne the last year's hay, and for the feed of the new layers to be term, to be esleft, as hereinbefore mentioned, at the end of the term ^JJ^n' * 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 Covenant by

Said E. F. doth hereby for himself, his heirs, executors, ^"docer

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).

or repairs (which are estimated in the whole at the sum of

£ ) shall be made and done some time between the

months of and , in the present year. In WitNess &c.

THE FIRST SCHEDULE referred to in the abovewritten indenture.

THE SECOND SCHEDULE referred to in the abovewritten indenture.

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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.

Parties. 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

Witnesseth. 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

Demise. 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

Parcels. assigns: All That &c, [parcelscomprising a dwelling

house 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

MANUFACTORY
AND MA-
CHINERY.

said premises hereinbefore demised, or expressed and in- Manufactory

tended so to be, are delineated in the plan or ground plot Chinkky.

thereof drawn in the margin of these presents, Together General words.

With [general words, supra, p. 44]; Together Also steam engines,

With the two steam-engines and the machinery thereto "^'"j6"7' *" 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.

nant.

tutes a fixture.

(a) It will, perhaps, be convenient to state the leading points of Law of fixtures

the law relating to fixtures, as between landlord and tenant, with a between land

?' , . „ , , lord and te

view to preparing the covenants relating to fixtures. 1 hey 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. & Aid. 165); and what are not so removable?

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 ; Nayhr 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. & Aid. 165; Trappes v. Barter, 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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