copyholds are of very rare occurrence, but they are not incompatible with the tenure, and may occasionally exist (see Earl of Bath v. Abney, 1 Burr. 206; Burton's Comp. art. 1314); and lands passing by deed, and surrender and admittance, which seems to be customary freehold (see Bingham v. Woodgate, 1 Russ. & My. 32, 750), and are therefore liable, it is presumed, to be infested with attendant terms, are apparently excluded from the benefit of the Act. So, too, it would seem, are customary hereditaments (if such there be) which are not land, and which pass by deed, or deed and admittance.

PRECEDENTS.

Agreements.

Agreement for a lease.

I.

AGREEMENT for a LEASE (a).

BE
· IT REMEMBERED, that A. B., of &c. [intended
lessor], hereby agrees to let, and C. D., of &c.
[intended lessee], to take, ALL THAT &c. [parcels],
and the appurtenances thereto for

from the

years

day of- at the yearly rent of £, clear of all existing and future taxes, rates, and outgoings, and to be payable by equal half-yearly payments on the

day of

(a) As agreements are not formal instruments, and do not admit of much abridgment from their usual shape, the present collection contains Precedents only of agreements of the simplest form. See as to the alterations made by the Act 8 & 9 Vict. c. 106, in the law relative to leases and agreements for leases, supra pp. 21-23, and also the introduction to Davidson's Prec. Conv., vol. v. pt. 1. (2nd ed.). The agreements for leases here given must be signed only, not sealed and delivered, for otherwise they would operate as leases. (See supra, p. 22.)

day of

in every year, the

and the
first of such payments to be made on the
day of
next. AND that the said C. D. shall
keep the said premises, and at the end of the
term give them up, in the same order and repair
as they now are in, and shall keep them insured
against loss by fire in a sum not less than
£, and, when required, produce the policy
of such insurance, and the receipts for the pre-
miums (a). IN WITNESS &c.

II.

AGREEMENT for a LEASE.

AN AGREEMENT made this

day of

Agreement lease for a term at a rent.

to grant a

BETWEEN A. B., of &c. [intended lessor], of the Parties. one part, and C. D., of &c. [intended lessee], of the other part, as follows: THE said A. B. shall let, and the said C. D. shall take, ALL THAT &c. [parcels], with the fixtures now in, upon, or belonging to the same, and the appurtenances thereto, for the term of from the day of

years

at the yearly rent,

(a) Any stipulations which are intended may be inserted here. It will be understood that this form should only be adopted in very simple cases, and in which the saving of expense is a great object; for ordinary purposes the next Precedent should be used.

certain

certain

That the lease shall contain certain

covenants.

clear of all existing and future taxes, rates, and outgoings, of £, to be payable by four equal

in every year; the first of such pay

ments to be made on the day of
next. THE said A. B., his heirs or assigns,
will, on the request of the said C. D., his execu-
tors, administrators, or assigns, execute a proper
lease of the said premises to the said C. D., his
executors, administrators, or assigns, for the
term and at the rent aforesaid, to be payable as
aforesaid. THE said lease shall contain cove-
nants on the part of the said C. D., his exe-
cutors, administrators, and assigns, for payment
of the said net yearly rent of £ on the
days and in manner aforesaid; AND for payment
of all existing and future taxes, rates, and out-
goings; AND to keep the said premises in good
and sufficient condition and repair; AND in such
good and sufficient condition and repair to
deliver up the same, with all new fixtures and
other additions, to the said A. B., his heirs or
assigns, at the expiration, or other sooner deter-
mination, of the said term; AND to keep the said
messuage and buildings insured against damage
by fire in a sum not less than £ ; AND
at all times, when required, to produce the
policy or policies of such insurance, and the
receipts for the premiums in respect of the same,
to the said A. B., his heirs or assigns; AND

not to assign or underlet the said premises without license in writing from the said A. B., his heirs or assigns; AND not to carry on, or permit to be carried on, on the said premises, any noisome or offensive trade, business, or occupation. THE said lease shall also contain a proviso for re-entry by the said A. B., his heirs or assigns, on non-payment of the said yearly rent of £, or any part thereof, for twentyone days next after any of the said days on which the same, or any part thereof, shall become due, and whether the same shall have been legally demanded or not, or on the breach of any of the covenants by the lessee in the said lease to be contained. THE said lease shall contain a cove

And a cove

nant for

quiet en

joyment.

nant, on the part of the said A. B., his heirs, or assigns, that the said C. D., his executors, administrators, and assigns, may, on due payment by him and them of the said yearly rent to be reserved as aforesaid, and on the performance and observance of the covenants by the lessee in the said lease to be contained, quietly enjoy the premises to be demised, without eviction or disturbance by the said A. B., his heirs or assigns, or any person claiming though or in trust for him or them. THE said C. D., his executors, administrators, or assigns, shall duly execute and deliver to the said A. B., his heirs or assigns, a counterpart of the said lease. THE said lease and counterpart shall be prepared terpart shall

That lessee cute a coun

shall exe

terpart.

That lease

and coun