No. XIII.

Lease of a Mill.

Variations where it is a Wind-Mill and where a Water-
Mill.

Where it is an original and where a derivative or Un-
derlease, &c. &c. as below (1).

LEASES.

Mill.

(the lessor) (2) of, &c.

BETWEEN Parties.

of the one part, and

of the other part.

(the lessee) of, &c.
WHEREAS (3) the said (lessee) has agreed with the
said (lessor) for a lease of the mill and piece of
ground hereinafter described, for the term of
years, from the

day of

at

and under the rent and covenants hereinafter con

(1) If the lessor be himself a lessee only of the premises, see Underlease. ante, No. X.

* If it be desired that the lease should be prepared with all Conciseness. practicable conciseness, the words within brackets may be

omitted throughout the precedent.

(2) If the lease be granted by a bailiff, &c. of the lessor, see Bailiff. ante, No. IX. p. 94, n. (1).

(3) If the lease be granted in pursuance of a previous written Prior agreeagreement, such agreement may be here recited, as ante, No. ment. IX. p. 95, n. (2).

LEASES.

Mill.

WITNESS, in

rent, &c.

The lessor grants, &c.

in

tained. Now THIS INDENTURE WITNESSETH, that pursuance of the said agreement, and for and in consideration (1) of the yearly rent hereinafter

consideration of reserved, and of the said covenants and agreements hereinafter contained, which on the part of the said (lessee) his executors, administrators, and assigns, are to be performed or observed, He the said (lessor) HATH granted, demised, and leased, and by these presents DOTH grant, demise, and lease, unto the said (lessee), his executors, administrators, and assigns, (such assigns being so to be approved as hereinafter is mentioned) ALL that piece or parcel of ground, &c. situated, &c. (2) AND all that mill, machine, or engine

Parcels.

(1) If the tenant has expended or has agreed to expend a sum of money in repairing the premises, see No. IX. p. 95, n. (3). (2) If it be a water-mill, it may be varied thus, "All that stream of running water, and watercourse called the from the lock or stank called the water gate, up to the mill, machine, or engine for the grinding of corn and other grain, thereupon erected or being, called mill, and so on beyond the said mill, to that part of the said stream called the mill ford, together with the ground and soil upon which the same is or runneth, and the banks and dams thereof, for feet in breadth, on each side of the said stream; and also all that the said mill, machine, or engine so erected and being in or upon the said stream, with all and all manner of toll, custom, benefit of grinding of corn and grain of all kinds, and all and singular the lands, head-wears, mill-ponds, mill-pools, mill-dams, mill-leats, flood-gates, winnowing places, banks, ponds, streams, waters, watercourses, rivers, fishing, fishing places, ways, paths, pipes, &c. as above.

LEASES.

Mill.

for the grinding of corn and other grain, called mill, standing and being in or upon the said piece or parcel of ground, together with all and all manner of sail cloths, stones, wheels, going and running geers, bolting machines, bolting cloths, irons, leads, and weights, belonging unto and used with the said mill; and all and all manner of other erections, buildings, machinery, engines, utensils, implements, and effects whatsoever, now standing, or being in or upon, the said piece or parcel of ground, or within, upon, or belonging to the mill, and also all that garden or orchard adjoining and belonging to the said mill. Together with all [houses, outhouses, sheds, yards, General words. gardens, ways, paths, passages, common use of passing to and from the said mill, toll, custom, benefit of grinding of corn and grain, and all and all manner of other] rights, privileges, advantages, easements, profits, commodities, and appurtenances whatsoever, to the said piece or parcel of ground, mill, and premises belonging, or in any wise appertaining, (except, &c.) (1)

To To hold

for the term of

years.

(1) Here insert any exception to be made out of the demise; Exceptions. and if the lease be granted by a canal company, say,

"Except and always reserved unto the said company of Canal. proprietors, their successors and assigns, and their servants, agents, and workmen, full right, free liberty, and lawful and absolute authority, at their wills and pleasure, from time to time, and at all times, during the continuance of the term hereby granted, to direct, lead away, and subtract, all or any part of water streams and water courses now flowing,

VOL. IV.

N

LEASES.

Mill.

HAVE AND TO HOLD the said piece or parcel of
ground, mill, garden, orchard, tolls, customs, and
all and singular other the premises hereby demised
or leased, or mentioned or intended so to be, with
the rights, members, easements, and appurte-
nances to the same belonging, unto the said
(lessee), his executors, administrators, and assigns,
(such assigns being to be so approved, as afore-
said), from the
day of
now last
past, for and during the full and complete term
years, thence next ensuing (1). YIELD-
ING AND PAYING for the same yearly and every
(2) year during the said term, unto the said
(lessor), his heirs and assigns, the rent or sum of
£ of lawful money of the United Kingdom
of Great Britain and Ireland, of English value
and currency, by equal quarterly payments,
on the

At the yearly of

rent of £

clear of taxes.

day of

the

day

day of

, in every year, free and clear

Lease determinable.

or being or during the continuance of the said term of
years to flow, or be in or upon, over or under, the said mills
and premises hereby demised, or any part thereof, and to act
in and about the same water streams and water courses, as
they the said company of proprietors, their successors or
assigns, shall think fit and proper."

(1) If the lease is to be determinable on notice, see No. IX. p. 97, n. (6).

(2) If in consideration of repairs done or to be done by the tenant, see No, IX. p. 97, n. (8).

LEASES.

Mill.

of and from the land tax, sewers' rate and all manner of other taxes, rates, assessments, deductions, and abatements whatsoever, [whether already or at any time hereafter to be imposed upon or payable by the landlord or tenant thereof, for or in respect of the said premises, or any part thereof, and whether any such future taxes, rates, or assessments, shall be in the nature of those now in being or not], the first quarterly payment of which said yearly rent or sum of £ is to be made on the next ensuing the date of these presents. AND the said (lessee), for himself, &c. (Covenant by lessee to pay the rent reserved) (1). AND also, that he the said (lessee), his execu- Covenant by tors, administrators, and assigns, shall and will at all times, and from time to time during the continuance of the said term hereby demised,

day of

lessee to repair.

(1) See ante, No. VIII. p. 71.

lessor's coru.

The following provision in favour of the landlord is fre- Lessec to grind quently inserted in leases of mills, but it seems to be imposing an unreasonable burthen upon the lessee.

"AND further, that he the said (lessee), his executors, administrators, and assigns, shall and will from time to time, and at all times during the said term, grind for the said (lessor) and his heirs, and his and their family and household, without claiming or taking any manner of toll or custom for the same, all such wheat, rye, barley, or oats, or other grain as shall be brought to the said mill, by the servants or assigns of the said (lessor), and that without any delay, refusal, or impediment, so that the grist of the said grain do or shall not exceed bushels in any one

week."