LEASES.

Husband in

Right of his
Wife.

No. XXVI.

Lease for Years of a Messuage, &c. by Husband seised in Right of his Wife (1).

Variations where the Lease is for Life or Lives, &c. &c.
as below (2).

THIS INDENTURE, made the

day of

c. 23.

(1) Married women are disabled by the common law from 32 Hen. VIII. making any disposition of their property: hence the statute 32 Hen. VIII. c. 28, was passed to enable the husbands seised in right of their wives to make such reasonable leases as might be beneficial to the inheritance; which act enacts, sec. 1, that husbands seised in right of their wives, or jointly with their wives, of any estate of inheritance in fee-simple or fee-tail, may make leases under the restrictions mentioned in a preceding note, ante, p. 401, n. (1). But by the same act, s. 3, it is provided, that the wife shall be made a party-that the lease be by indenture, in the name of the husband and wife-that the wife seal the same-that the rent be reserved to the husband and the wife-and to the heirs of the wife, according to her estate therein; and which rent the husband shall not alien, grant, or discharge longer than during the coverture, except by fine levied by husband and wife, ibid. If the lease is not made conformably to the act, it may be avoided, either by the wife surviving the husband, or by her heirs, if she die in his life-time. 2 Saund.

WITNESS, in consideration of rent, &c.

Notes, &c.

Brevity.

Agent.

Wife.

Prior agreement.

Money expend-
ed in repairs.

Public house.
Mill.

Unfinished
house.

Building lease.
Country house.

and his wife (2) of the

one part, and (the lessee) of, &c. of

part. WHEREAS the said

said

the said

the other

the wife of the

is seised to her and her heirs, and
is seised in right of his said wife

of the messuages and land hereinafter described.
AND WHEREAS the said (lessor) has agreed (3) with
the said (lessee) for a lease to him thereof, for the
term of
years, from the date of the said
premises, under and subject to the rents and
covenants hereinafter contained. Now THIS IN-
DENTURE WITNESSETH, that for and in considera-
tion (4) of the yearly rent hereinafter reserved,

Rep. 180, n. 9.; Machell v. Clarke; 2 Lord Raym. 778; Jordan v. Wilkes Hob.; 5 Cro. Ja. 332; Co. Lit. 44, a. n. (2). and vid. Co. Lit. 44. b. 45, a. 2 Elem. Conv. 2d Edit. 328, 333.

(2) See the notes, &c. to No. VIII. ante, p. 65, and variations, &c. to No. IX. ante, p. 94.

* If brevity be particularly desirable, the parts of the lease within crotchets may be omitted.

(1) If the lease be granted by a steward, bailiff, or agent of the lessor, see ante, p. 94, n. (1).

(2) The wife must be personally a party to, and execute the lease, and not by attorney; see Shep. T. c. 14.

(3) If the lease be granted in pursuance of a previous written agreement, see ante, p. 95, n. (2).

(4) If the tenant has expended or has agreed to expend a sum of money in repairing the premises, see ante, p. 95, n. (3). 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, ante, No. XV.
If of a country house, ante, No. XVI.

LEASES.

Husband in

Wife.

Husband and

&c.

and of the covenants and agreements hereinafter contained, on the part of the said (lessee) his executors, administrators, and assigns, to be respect- Right of his ively paid, observed, and performed, They the said (lessor) and wife, HAVE [and each of wife, demise, them HATH] granted, demised, and leased, and by these presents Do [and each of them DoTH] grant, demise, and lease unto the said (lessee) his executors, administrators, and assigns, (such assigns being with such consent as hereinafter is mentioned) ALL that messuage or tenement, and Parcels. dwelling-house, situated, &c. except, &c. Together with all and singular the outhouses, buildings, coach-houses, stables, dove-houses, barns, yards, cellars, areas, vaults, benefit and advantage of ancient and other lights, ways, paths, passages, drains, pipes, waters, water-courses, lawful and customary rights and privileges of common of every kind, and all and every other the rights, privileges, advantages, easements, and appurtenances whatsoever, to the said messuages or tenements and premises belonging, or with the same or any of them now or hereafter lawfully holden, used, occupied, or enjoyed (1). TO HAVE TO HOLD to the

lessee for twell

ty-one years.

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.

If the lease be for life or lives, see ante, No. XXV.

(1) And if the lessors have premises adjoining, see ante, p.

96, n. (8).

Copyhold.
Farm.

Tithes.

Mines.

Life.

LEASES.

Husband in

Wife.

AND TO HOLD the said messuage or tenement, and dwelling-house, and all and singular other the Right of his premises hereby demised, or mentioned or intended so to be, with the several rights and appurtenances, to the same belonging, unto the said (lessee) his executors, administrators, and assigns, (such assigns being with such consent as aforesaid) from the date hereof, for and during the full and complete term of twenty-one years (1) thence next At the yearly ensuing (2); YIELDING AND PAYING for the same yearly and every year during the said term (except as hereinafter is mentioned) unto the said (3) (lessor and wife) and the heirs and assigns of the said (wife) the rent or sum of £

rent of £

of lawful money of that part of the United Kingdom of Great Britain and Ireland called England, by equal quarterly payments, on the

day of

Lease determinable on notice.

Cessation of rent.

year, (notwithstanding and without any abatement or suspension for or by reason of fire or other accident) and that free and clear of and from all manner of parliamentary, parochial, and other taxes, rates, assessments, deductions, and abatements whatsoever, except as hereinafter is men

(1) See ante, p. 435, n. (1). If the lease be for lives, see ante, No. XXV. p. 421.

(2) If the lease be determinable on notice, &c. add,

"Determinable nevertheless as hereinafter mentioned."

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

"Except as hereinafter mentioned."

tioned, the first quarterly payment of which said yearly rent of £ is to begin and be made on

the

LEASES.

Husband in

now next ensuing the

Right of his
Wife.

Covenant by

day of date of these presents (1). AND the said (lessee) for himself, his heirs, executors, administrators, lessee to pay and assigns, doth hereby covenant, promise, and the rent reagree, with and to the said (lessor) and

his

wife, and her heirs and assigns, in the manner following, (that is to say) that he the said (lessee) his executors, administrators, and assigns, shall and will from time to time, and at all times during the continuance of the said term hereby granted (2), (except as hereinafter is mentioned) well and truly pay, or cause to be paid unto the said (lessor) and his wife, and her heirs and assigns, the said yearly rent or sum of £ of lawful current money aforesaid, upon the several days and in the manner hereinbefore appointed for payment thereof, and according to the true intent and meaning of these presents. AND also well and And taxes. truly pay, satisfy, and discharge all and all manner of taxes, rates, duties, assessments, and impositions whatsoever, whether parliamentary, pa

(1) Sometimes an additional rent is reserved by way of pe- Penal rent. nalty in case of assignment, &c. without consent, in which case

see ante, p. 97, n. (9), p. 98, n. (10), p. 110, n. (1).

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

for lessee.

(2) If the lease be determinable at any period before the ex- Lease deterpiration of the term, add,

"Determinable nevertheless as hereinafter mentioned."

minable on

notice, &c.