or part with, or cause, procure, or occasion to be assigned or otherwise parted with the said premises, or any part thereof, or his or their estate or interest therein, or any part thereof, without such licence and consent as hereinbefore is expressed, or shall neglect or fail in the performance or observance of any or either of the covenants and agreements hereinbefore contained, which by him and them are to be performed or observed respectively (1), contrary to the true intent and meaning of these presents, then and in such case it shall be lawful for the said (minor) his heirs or assigns, or his said guardian or guardians, for and on his behalf, into and upon the said hereby demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy, as in his or their first and former estate, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding. 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 LEASES. Guardian. Entry not to prejudice fessor's right of action, &c. (1) If it be intended that the lease shall be vacated by the Bankruptcy death or bankruptcy of the lessee, see ante, p. 109, n. (22). of lessee. LEASES. Guardian. Covenant by lessor for lessee's quiet enjoyment, on covenants. rule of law to the contrary notwithstanding. AND the said (guardian) doth hereby for himself, his executors and administrators, covenant, promise, and agree, with and to the said (lessee) his executors, administrators, and assigns, that he the performance of said (lessee) his executors, administrators, and assigns, paying the said rents and performing the covenants and agreements hereinbefore reserved and contained on the part and behalf of the said (lessee) his executors, administrators, and assigns, to be paid, kept, observed, and performed, shall and may peaceably and quietly have, hold, occupy, possess, and enjoy all and singular the said demised premises, with their appurtenances, for and during the said term of years hereby demised, without any hindrance, molestation, or interruption whatsoever, of or by him the said (guardian) and (minor) or either of them, or any person or persons now or hereafter lawfully or equitably claiming or possessing any estate, right, title, trust, or interest, from, under, or by them, or either of them, or by or with his, their, or any of their Payments made means, consent, procurement, or privity. PROVIDED always, and it is hereby lastly agreed and 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 pay by lessor, or penalties in curred by lessee, to be in nature of rents. Guardian. able by him the said (lessee) his executors, ad- LEASES. ministrators, or assigns, in respect of the same, shall be deemed and considered in the nature of a rent or rents, and be recoverable by distress or otherwise, in like manner as the yearly rent or sum of £ hereinbefore reserved (1). IN WITNESS, &c. (1) If the lease be intended to be determinable on notice, add Lease deterhere a proviso for that purpose, as ante, p. 111, n. (23). minable. LEASES. Committee of No. XXX. Lease of a capital Messuage, &c. by the Committee of a Lunatic, in pursuance of a Decree of the Court of Chancery (1). Variations as in marg. below (2). THIS (1) A committee cannot of his own authority make leases, or in any manner incumber the lunatic's estate without leave of of the court, Foster v. Merchant, 1 Vern. 263, his office being merely official, in the nature of a bailiff or receiver ex parte, Fitzgerald, 2 Sch. and Lef. 439, and that without allowance for his trouble, ex parte, Annesley Amb. 78, anon, 10 Ves. 103; he may however cut down timber for repairs, ex parte Ludlow, 2 Atk. 407, ex parte Bromfield, 3 Brow. Ch. Ca. 510. The care of the person and property of a lunatic is a trust reposed in the king by the statute 17 Ed. II. c. 9, 10, (de prerogativa regis) 2 Inst. 14. Hume v. Burton, 1 Ridg. 1 Ridgw. P.C. 213, Ely's case, ib. 519, 535, who discharged it by bailiff or committee appointed during pleasure by the person holding the great seal, Fitzgerald, Ca. 2 Sch. and Lef. 432, 442. But by the 11 Geo. III. c. 20, lunatics, or the guardians or committees of their estates, are enabled by order of the court of Chancery to accept of surrenders of subsisting leases, and to grant new ones to persons having a right to such renewal. And by 43 ib. c. 75, s. 3, powers of leasing vested in persons having year of the LEASES. year of Committee of com reign, &c. and] in the of our Lord BETWEEN (the committee) of, &c. mittee of the person and estate of (the lunatic) of the first part (2), the said (lunatic) of the second Lunatic. a particular estate in lands, and afterwards becoming lunatic, may be exercised by such committee or committees in like manner; and by sec. 4, where such persons are seised of freehold or copyhold estates in fee-simple or fee-tail, or of an absolute estate in leaseholds, the Lord Chancellor may direct the committees of their estate to grant leases thereof, for and upon such terms, &c. as he shall deem for the benefit of the lunatic; which leases (sec. 5) shall be binding upon the lunatic, and all persons claiming through or under him, as if he had been of sound mind. (2) If the lease be an underlease, see ante, No. X. If of a furnished house, see ante, No. XI. If of a public house or tavern, ante, 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 the premises be copyhold, ante, No. XVII. If of a prebend or tithes, ante, No. XIX. If of mines or the like, ante, No. XX. Underlease. house. Public house. Mill. Unfinished house. Farm. Tithes. Mines. (1) If brevity be particularly desirable, such parts of the Brevity. lease as are within brackets may be omitted. (2) If the lease be on the surrender, and in renewal of a former lease, it may, it should seem, be granted in the name of the lunatic himself, but not in general cases; see the acts cited above. It is indeed usual in all cases to make the lunatic a party with committee, but this is not necessary, as the acts above cited enable the committees alone to grant them. |