LEASES.

Farm.

Lessor will assign timber for repairs.

all times during the said term, to have and
take the underwood growing upon the said pre-
mises, (except as hereinbefore expressed) and
also lops of pollard trees, and trimmings of tim-
ber trees which have been heretofore usually lop-
ped or trimmed, and the plashings of the quick
hedges belonging to the said premises, for or
by way of estovers, or seasonable and sufficient
house-bote, plough-bote, cart-bote, and hedge-
bote, so that the same loppings and plashings
shall be of
years growth, at the least, and
be taken in a husbandlike manner, and at season-
able times in the year, without any lawful ac-
tion, suit, or interruption of the said (lessor) his
heirs or assigns, or any other person or persons
whomsoever, lawfully or rightfully claiming by,
from, or under him, them, or any of them. AND
also that he the said (lessor) his heirs or assigns,

or his or their steward or bailiff, shall and will,
when and as often as he or they shall be rea-
sonably requested by the said (lessee) his exe-
cutors, administrators, or assigns, assign and set
out to and for the said (lessée) his executors, ad-
ministrators, or assigns, a proper and sufficient
number of trees and quantity of timber, as shall
from time to time be requisite for the repairs of
the floors, doors, gates, stiles, and pósts of, upon,
or belonging to the said premises; and in case
the said premises shall be destroyed or damaged
by storm, winds, or tempests, (other than by
lightning) he the said (lessor) his heirs or assigns,

LEASES.

Farm.

Power of re

entry on non

rent, &c.

shall and will forthwith, and with all due and proper speed, at his and their own expense, rebuild, repair, and reinstate, or cause to be rebuilt, repaired, and reinstated the same (as the case may require). PROVIDED always, and these presents are upon this express condition neverthe- payment of less, that if the said yearly rent or sum of £ hereinbefore reserved, or the said further or additional sums hereinbefore reserved or made payable, or any or either of them, or any part thereof respectively, shall be in arrear and unpaid by the space of days next after any of the days or times hereinbefore appointed for the payment thereof, or if the said (lessee) his executors, administrators, or assigns, shall without the consent in writing of the said [(lessor) his heirs or assigns,] let, assign, set over, or otherwise part with, or cause or procure, or permit or suffer to be letten, assigned, set over, or otherwise parted with the same premises, or any part thereof, or his or their estate or interest therein, or shall commit any act of bankruptcy, under any of the statutes now in force relative to bankrupts, so as a commission shall be awarded and issued thereupon, or shall become insolvent, or make a compromise with his creditors for less than twenty shillings in the pound, or shall suffer the said lease to be taken in execution, or shall commit or knowingly permit or suffer any spoil or waste in or upon the said premises, or any part thereof, to the value

LEASES.

Farm.

of £
in any one year of the said term,
without well and effectually amending, repair-
ing, or making sufficient satisfaction for the
same within the space of
calendar

months next after notice in writing shall have
been given to him or them for that purpose,
under the hand of the said [(lessor) his heirs
or assigns,] or willingly or knowingly do, permit,
or suffer, or cause or procure to be made
done, committed, or suffered, any act, deed, or
default, or matter or thing whatsoever, whereby
or by reason or means whereof the said premises
or any part thereof shall or may be transferred
unto or come into the occupation, hands, or pos-
session of any person or persons whomsoever, con-
trary to the true intent and meaning of these pre-
sents, or shall neglect or fail to insure the said,
premises against loss by fire, or neglect or fail as
is hereinbefore required in, or be guilty of any
breach, non-performance, or non-observance of
any other the covenants, clauses, provisoes, and,
agreements, by him or them to be observed and
kept, according to the true intent and meaning
of the same respectively, or if the said (lessee)
shall depart this life during the said term, then
and from thenceforth in any or either of the said
cases, this present demise or lease, and the cove-
nant for quiet enjoyment hereinbefore contained,
shall wholly cease and be void; and the said
[(lessor) his heirs or assigns], shall or lawfully
may at any time thereafter, enter into and upon

LEASES.

Farm.

Entry not to lessor's right

prejudice

of action, &c.

the said demised premises, or any part thereof, in the name of the whole, and re-possess, retain, and enjoy the same as of his and their former estate, and as if this present demise or lease had not been made, but which entry, if made, it is hereby agreed shall not defeat, impeach, or prejudice any right of action or other remedy which the said (lessor) his heirs or assigns, might by law have had for arrears of rent, penal sums, or breach of covenant on the part of the said (lessee) his executors, administrators, or assigns, to be paid or performed in relation to the said premises, or any part thereof, if no such entry had been made, any thing hereinbefore contained or any rule of law to the contrary thereof in anywise notwithstanding (1). AND the said (lessor) Quiet enjoydoth hereby for himself, his heirs, executors, and payment of administrators, doth hereby covenant, promise, and agree, with and to the said (lessee) his executors, administrators, and assigns, in the manner following, that is to say, that he the said (lessee) his executors, administrators, and

ment, &c. on

rent.

(1) If any part of the premises be copyhold, see No. XIX. p. 287, n. (13).

Copyhold.

If the lessor's title to the inheritance has not been inves- Lessor's title. tigated, see ante, p. 88, n. (44), and p. 111, n. (24).

If it be an underlease, add covenant by lessor to pay and Underlease. indemnify against the original rent, &c. as ante, p. 136, and see variations 138, n. (1), and 140, (A).

LEASES.

Farm.

assigns, paying the yearly rent hereby reserved, at and upon the days and times and in the manner hereinbefore appointed for payment thereof, and observing the several covenants and agreements hereinbefore contained, by him and them to be performed and kept, shall and lawfully may, peaceably and quietly have, hold, occupy, and enjoy the messuage or dwelling-house, farm, lands, and premises hereby demised, for the term or time hereby granted thereof, without any hindrance, disturbance, interruption, claim, or demand whatsoever, from or by him the said (lessor) or any person or persons claiming by from Payments made or under him, them, or any of them (1). PROVIDED always, and it is hereby lastly agreed and to be in nature declared, that all payments which shall or may be made by the said (lessor) his heirs or assigns, for or on the part of the said (lessee) his executors, administrators, or assigns, for repairing or insuring the premises hereby demised, or other matter or thing which by him or them is or ought to be made or done in relation thereto, and all penal and other sums hereby made payable by him the said (lessee) his executors, administrators, or assigns, in respect of the same,

by lessor, or penalties in

curred by lessee

of rents.

Underlease.

(1) If it be an underlease, add "freed and exonerated," &c. as ante, p. 133, marg. *.