LEASES.

Coal Pits, &c.

proceed to choose an umpire, and the major part of them shall make an arbitrement or umpirage in the matters so to be referred to them, which arbitrement or umpirage shall to all effects, constructions, and purposes, be as valid, effectual, binding, and conclusive, as if the said person or persons so chosen by the arbitrator or arbitrators, named by the person or persons making such request as aforesaid, had been chosen by the party or parties to whom such request shall have been made. AND further, that it shall be lawful for any of the said parties, his executors or administrators, having made such written request to have the matter or matters in difference decided by arbitration in manner aforesaid, to produce and plead such request in complete bar, discontinuance, or dismissal of any action at law or suit in equity, which shall or may be brought or instituted by any of the parties to whom the same shall have been made, his executors or administrators, and which request being so pleaded or produced, it is hereby agreed shall (so far as the rules of law or equity will premise) operate effectually accordingly. IN WITNESS, &c.

No. XXI.

Lease by a Corporate Town (1), or City, to a Lessee for Years, adapted to Corporations in general, and also to the City of London in particular.

Variations where the Lease is granted by a Parish.
Also where it is of a Farm, &c. &c. as below (2).

THIS INDENTURE, made the

[*in the

day of

year of the reign, &c.

LEASES.

Corporation.

(1) It has been stated in a former note, see ante, p. 65, n. (1), Writing. that leases for a term not exceeding three years, for which a rent of two-thirds of the annual value is reserved, are excepted out of the statute of frauds requiring them to be in writing; but this exception must not be considered as extending to such a lease made by a corporate body, as no interest can pass from a corporation but under their seal, which of course induces the necessity of an instrument in writing, see Rex v. Inhab. Chipping Norton, 5 East. 239.

But quære, whether leases made by corporate hospitals are within the restraining statutes, and see Grunbell v. Roper, 3 Barn. and Ald. 711.

(2) If the lease be of a public house or tavern, No. XII. If of a mill, ante, No. XIII.

If of an unfinished house, ante, No. XIV.

If it be a building lease, see ante, No. XV.

If of a country house, ante, No. XVI.

Public house.

Mill.
Unfinished
house.

Building lease.
Country house.

BETWEEN

LEASES. and] in the year of our Lord

Corporation.

WITNESS,

that in consi

the mayor, bailiffs, and burgesses of the town of (1), of the one part, and (the lessee) of,

&c.

of the other part. WITNESSETH, that

deration of the for and in consideration [as well as of the surrender and extinguishment of a former lease,

rents and co

venants.

therein

mayor, bailiffs, and burgesses, to described to be of the town and county of of the premises hereinafter mentioned, and which said lease is now become legally vested in the said (lessee) as also] of (2) the rents, covenants, provisoes, and agreements hereinafter reserved and contained on the part and behalf of the said (lessee) his executors, administrators, and assigns, The mayor, &c. to be paid, performed, and kept, THEY the said mayor, bailiffs, and burgesses (3), HAVE granted,

demise.

Copyhold.
Farm.

Tithes.

Mines.

City.

Parish.

Repairs.

City.

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.

(1) If the corporation be a city, (as of London), say, "The mayor and commonalty, and citizens of London," or as the case may be.

If the lease be granted by a parish, say,

"A. B. doctor in divinity, rector of the parish church of , and C. D. and E. F. churchwardens of the said

parish," or as the case may be.

(2) If the lease be granted in consideration of repairs, see ante, p. 95, n. (21).

(3) Or if it be the city of London, say,

Mayor and commonalty, and citizens," throughout.

LEASES.

Corporation.

The parcels.

demised, and leased, and by these presents Do grant, demise, and lease unto the said (lessee) his executors, administrators, and assigns, ALL, &c. and all ways, paths, passages, waters, watercourses, commons, commodities, advantages, easements, and appurtenances whatsoever, to the said piece or parcel of land belonging or in any wise appertaining. To HAVE AND TO HOLD the said To HOLD for piece or parcel of land, coach-house, stable, all and singular other the premises hereby granted and demised, or mentioned so to be, with their appurtenances, unto the said (lessee) his executors, administrators, and assigns, from the feast of now next ensuing, for and during and unto the full end and term of years, thence next

and

the term of

years.

following (1). YIELDING AND PAYING for the same Reservation of yearly and every year during the said term (2),

And there is sometimes added,

"And also for and in consideration of the sum of £ of lawful money current in Great Britain paid by the said (lessee) to esquire, chamberlain of the city, for the public uses of the said mayor and commonalty, and citizens." If by a parish, say,

They the said parson and churchwardens, (by and with the consent of the parishioners of the said parish, as testified by an order of the vestry thereof, made on the

day

(1) If the lease be determinable at any period before the expiration of the term, add,

"Determinable nevertheless as hereinafter mentioned."

rent.

London, &c.

Parish.

Lease determinable on notice.

(2) If the rent is to cease in case of the destruction of the Cessation of premises by fire, add,

"Except only as hereinafter mentioned."

rent.

VOL. IV.

A A

LEASES.

Corporation.

and

of

unto the said mayor, bailiffs, and burgesses, their
successors and assigns, at or in the office for re-
ceipts and payments to be made to or by the
of the said town (1), for the time being, between
the hours of
of the clock in the
day-time, the yearly rent or sum of £
lawful money of that part of the United Kingdom
of Great Britain and Ireland called England, on
two of the most usual feasts or days of payment
of rent in the year, (that is to say) the feast of the
and the feast of the
by even
and equal portions, the said payments and each of
them to be clear of all and all manner of parlia-
mentary, parochial, and other taxes, rates, assess-
ments, deductions, or abatements whatsoever,
payable for or in respect of the said premises, or
any part thereof, whether already or at any time
hereafter to be imposed or chargeable upon the

Pepper-corn

rent.

Penal rent.

Lessor to insure for lessee.

London, &c.

Parish.

If in consideration of repairs done or to be done by the tenant, he is to have the premises rent free for the first year, or other portion of the term, see ante, p. 97, n. (8).

Sometimes an additional rent is reserved by way of penalty in case of assignment without consent, in which case see ante, p. 97, n. (9).

If it be agreed that the lessor shall insure the premises on the part of the lessee, see ante, p. 98, n. (10).

(1) If by the city of London, say,

"The chamberlain of the said city for the time being." If by a parish, say,

"The said parson and churchwardens, and their successors, or the senior churchwarden of the said parish for the time being, at the vestry room of the said parish."