LEASES. House, Paddock, &c. land so resumed, in full satisfaction for the same, and that no greater or other satisfaction or detainer shall be made by or to the said (lessee) his executors, administrators, or assigns, on account thereof. And it is further agreed, that all such ground as shall be so set out for a street or streets, or to be let, sold, or built upon, pursuant hereto, shall as soon thereafter as may be well and sufficiently hedged and fenced from other the ground hereby demised adjoining thereto, at the expense of the (lessor) his heirs and assigns." No. XVII. Lease of a Copyhold Messuage, &c. by the Licence of the Lord. Variations where the Lease is granted without such Also where it is an Original, and where a Derivative THIS INDENTURE made the day of LEASES. Copyholds. (1) If the lease be of a furnished house, see ante, No. XI. If of a public house or tavern, No. XII. If of a mill, ante, No. XIII. If of an unfinished house, ante, No. XIV. Furnished Mill. If it be a building lease, see ante, No. XV. If of a country house, ante, No. XVI. If the premises be copyhold, ante, No. XVII. If of a farm, No. XVIII. If of a prebend or tithes, ante, No. XIX. If of mines or the like, ante, No. XX. Farm. Tithes. Mines. (2) By the general law of copyholds, a copyholder cannot Copyholds dedemise the premises for a longer period than one year, without misable for one year only. a licence for that purpose obtained from the lord of the manor, Eastcourt v. Weekes, 1 Salk. 186, Moor, 184, Jackman v. Hoddeston, 1 Cro. Eliz. 351; 2 Elem. Conv. 2d Ed. 370. But a lease for one year, with a covenant for quiet enjoyment for a further term, is good, and no forfeiture, Doe dem. Coore v. Clare, 1 Durnf. and E. 741. Doe dem. Wood v. Morris, 2 Taunt. 52. VOL. IV. R year of the reign (1), &c.] and in LEASES. [in the of our Lord Copyholds. the Parties. Recitals. BETWEEN (the of the one part, and (the lessee) of, &c. of the other part. WHEREAS (2) the said (lessor) by the licence and consent in writing of the lord of the manor of whereof the messuage and lands hereinafter described are holden, (and which said licence or a true and attested copy thereof is indorsed or intended to be indorsed hereupon,) [or if the case be so, by virtue of a licence obtained from lord of the manor of the said manor on the at a court holden for day of for demising the messuage, &c. hereinafter described, and which are holden by him the said (lessor) to him and his heirs, of the said as lord of the said manor by copy of court roll at the will of the lord, according to the custom of the said manor], hath agreed with the said (lessee) for ́a lease of the said messuage and lands for the term Brevity. Prior agree ment. Underlease. Lady Montagu's Ca. Cro. Jac. 301, also Luff kin v. Nunn, 11 Ves. jun. 170; 1 Smith Rep. 90, 4 East. 221. s. c. and see 2 Elem. Conv. 2 Edit. 372; but as such a lessee will after the expiration of the first year have only an equitable interest in him, it is always desirable that the licence of the lord should be obtained. (1) If it be desirable that the lease should be prepared with all practicable conciseness, the words within brackets may be omitted throughout the precedent. (2) If the lease be granted in pursuance of a previous written agreement, such agreement may be here recited, as ante, p. 95, n. (2); and see also ante, No. II If it be an underlease, recite the original lease, as ante, p. 115. of years (1), from the LEASES. Copyholds. WITNESS, in day of next, under and subject to the rents and covenants hereinafter contained. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agree- consideration of ment, and for and in consideration (2) of the rent, &c. yearly rent hereinafter reserved, and of the several 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 Lessor grants, granted (3), 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 of as hereinafter is mentioned), ALL that messuage or Parcels. tenement, and dwelling-house, &c. situated, &c. (4), together with all and singular the [outhouses, &c. (1) If the lease be without the licence of the lord, say, "For the term of one year, with such covenant for enjoyment thereof from year to year until the end of the term of years, from, &c." (as in the text), as hereinafter is expressed. (2) If the tenant has expended or has agreed to expend a sum of money in repairing the premises, add as in p. 95, n. (3), and see also ante, No. XV. Without li cence. Money expended in repairs. Premium. sale. If a premium be paid for the lease, see ante, p. 116, n. (1). (3) The remark before made, ante, p. 66, n. (3), relative to Bargain and giving the lessee possession under the statute of uses by using the words "bargain and sell," does not apply to copyholds, they being excepted out of that statute. (4) Insert here an accurate description of the premises ac- Parcels, cording to their present situation, &c. LEASES. Copyholds. timber trees. buildings, coach-houses, stables, dove-houses, barns, stable-yards, gardens, pieces or plots of ground, cellars, areas, vaults, benefit and advantage of ancient and other lights, ways, paths, passages, drains, pipes, waters, water-courses, rights and privileges of common of every kind, and all and singular other] rights, privileges, advantages, easements, and appurtenances whatsoever, to the said messuage or tenement and premises, now or heretofore belonging or in any wise appertaining, or with the same or any of them now or heretofore lawfully holden, used, occupied, or enjoyed, Exemption of (except, and always reserved unto and for the said (lessor) his heirs and assigns, or the lord of the said manor for the time being, all and all manner of timber and timber trees, young saplings, and other shoots or springs likely to become timber, now standing, growing, or being, or which at any time, or from time to time hereafter during the said term shall or may stand, grow, or be in or upon the said demised premises, or any part thereof, with free liberty of ingress, egress, and regress, for the said (lessor) his heirs or assigns, or the lord of the said manor for the time being, or any or either of them, with or without servants, workmen, or others, to come and go into, over, and upon the same premises, or any part thereof, to cut down, root up, and take and carry away the same with horses, carts, carriages, or otherwise howsoever, and also to hunt, hawk, fish, and fowl, &c. in and upon the said premises, or any part |