LEASES. Underlease. If the lessor covenant for the production of his lease, add, "AND lastly, the said (lessor) doth hereby in manner and form aforesaid covenant, promise, and agree, with and to the said (lessee) his executors, administrators, and assigns, that he the said (lessor) his executors, administrators, or assigns, shall and will from time to time, and at the production all times hereafter during the term hereby granted, at the Production of lease. Covenant for of the original lease. reasonable request, and at the costs and charges in the law Licence. (A) If the underlease be granted in pursuance of a licence from the original lessor, these may be added for endorsement. "Be it known to all men, that a licence was granted by me to the within named (lessor) to demise the within mentioned messuage, and premises with the appurtenances unto the within named (lessee) his executors, administrators, and licensed assigns, but to them only and upon express condition, that the said premises or any place thereof, should not be assigned, underlet, or otherwise parted with without a new and fresh licence by me, to be expressly given for that purpose." See 2 WILDE'S SUP. No. 113, p. 170; No. 111, p. 133; and No. 116, p. 178. (B) Variation, giving Power for Lessee to distrain if distrained upon by the original Lessor. See ante, p. 139, notes. "PROVIDED ALWAYS, and the said (lessor) doth hereby for himself, his heirs, executors, administrators, and assigns, covenant, grant, and agree with and to the said (lessee) his executors, administrators, and assigns, that in case any distress or distresses shall be made by the said (original lessor) his heirs or assigns, in or upon the messuage, tenement, or premises hereby demised, or any part thereof, for any rent or sum in or by the said in part recited indenture of lease reserved or made payable, then and from time to time, as often as it shall so happen, it shall be lawful for the said (lessee) his executors, administrators, or assigns, to enter into and distrain upon all or any other of the messuages or tenements and premises so demised to him the said (lessor) by the said in part recited indenture of lease, and not hereby demised, for any arrears of rent then due by the tenant or tenants thereof, or upon (him the said (lessor) heirs, executors, or administrators), for all such sum or sums of money, costs, charges, damages, and expenses, as he the said (lessee) his executors, administrators, or assigns, shall have paid, sustained, or been put unto, in consequence of any such distress or distresses, and the distress and distresses, then and there by him or them to be taken to deal with according to law, in like manner as landlords are authorised to do for rent arrear, to the end and intent that the said (lessee) his executors, administrators, and assigns, may be thereby fully paid and satisfied all and every the same sum and sums of money, costs, charges, damages, and expenses. And that in case of any such distress or distresses as last assigned being made, he the said (lessor) his executors, or administrators, shall not nor will plead or avail himself or themselves in abatement or otherwise, in bar of such distress or distresses, by reason or on account of the said (lessor) his executors, administrators, or assigns, having no estate or interest in the said premises so distrained upon, any rule of law or equity to the contrary notwithstanding. in LEASES. Under lease. Power for lessee lessor, if distrained upon by the original lessor. to distrain upon " LEASES. Underlease. (C) Variation where the Lessor agrees to sell the Reversion of his Term to the Lessee on Request. See ante, p. 138. "AND further, that in case the said (lessee) his executors, administrators, or assigns, shall at any time during the term of years be desirous to purchase the said premises for the remainder of the said term of years demised by day of calendar months pre ), the said in part recited indenture of the LEASES. House Furnished. No. XI. A Lease of a Messuage, or Dwelling-House, with tract for the WHEREAS the said (lessee) has agreed (3) with the Recital of consaid (lessor) for a lease of the messuage or dwelling-house hereinafter described, with the furni lease. (1) See also variations subjoined to No. IX. ante, p. 94, et seq. and note to No. VIII. p. 65, et seq. * If the lease be required to be prepared with as much conciseness as possible, the parts within brackets may be omitted throughout the precedent. (2) If the lease be granted by the steward or bailiff of the Agent, lessor, see ante, p. 94, n. (1.) (3) If an agreement for the lease has been previously exe- Previous agreecuted by the parties, such agreement may be recited here, as ante, No. IX. p. 95, n. (2). ment. LEASES. House Furnished. WITNESS, that in consideration of the rent and covenants. mises, &c. ture and fixtures therein, for the term of day of years, from the next, under and subject to the rents, covenants, and agreements hereinafter contained. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the yearly rent hereinafter reserved, and of the covenants and agreements hereinafter contained, on the part of the said (lessee), his executors, administrators, and assigns, to be respectively paid, observed, The lessor de- and performed, he the said (lessor) HATH granted, bargained, sold, demised, and leased, and by these presents DOTH grant, bargain, sell, demise, and lease, unto the said (lessee), his executors, administrators, and assigns, [(such assigns being with or by the licence or consent hereinafter mentioned)], ALL that messuage or tenement, and dwelling-house, situated, &c. except, &c. (1) together with all and singular the out-houses, buildings, coach-houses, barns, stables, dove-houses, yards, cellars, areas, vaults, benefit and advantage of ancient and other lights, ways, paths, passages, drains, pipes, waters, watercourses, lawful and customary rights and privileges of common of every kind, and all and every other rights, privileges, advantages, easements, and appurtenances whatsoever, to the said messuage or tenement Parcels. Exception. (1) Notice here any exception which may be intended to be reserved out of the lease. |