LEASES. for Lives. the part and behalf of the said (lessee) his heirs and assigns, to be paid, kept, observed, and per- Renewed Lease formed, shall or lawfully may during the continuance of this demise, peaceably and quietly have, hold, occupy, possess, and enjoy all and singular the said demised premises, with their appurtenances, without any lawful denial, molestation, interruption, or disturbance, of, from, or by the said (lessor) his heirs or assigns, [or any or either of them, or any person or persons now or hereafter lawfully, equitably, or rightfully claiming or possessing any estate, right, title, trust, or interest, in, to, or concerning the same premises, from, under, or in trust for him, them, or either of them, or by or through his, their, or any or either of their acts, means, consent, procurement, default, or privity.] AND the said (lessor) doth Covenant by hereby further, in manner aforesaid, covenant, grant, and agree, with and to the said (lessee) his heirs and assigns, that in case the said (lessee) his heirs and assigns, shall upon the decease of any or either of them the said (nominees) [save only and except the last survivor of them,] be desirous to surrender this present lease for the purpose of taking a new lease of the same premises for a further life or lives in being, and shall within the space of three calendar months next after the decease of any or either of them the said (nominees) [except such last survivor,] nominate any person or persons in the room or stead of him or them, who shall have so departed this life (not exceeding the number of the lives which shall have so dropt), he the lessor to renew. Renewed Lease for Lives. LEASES. said (lessor) his heirs or assigns, shall and will, at the request, and at the costs and charges in all things of the said (lessee) his heirs or assigns, on the surrender of this present lease, or other the lease then in being, and payment of the sum of £ by way of fine or consideration for such renewal, make, and duly execute unto him the said (lessee) his heirs or assigns, a new and fresh lease of all and singular the premises hereinbefore demised, (or such of them as shall be then in being) for and during the natural life or lives of the person or persons so to be nominated, and the life or lives of such of the said (nominees) as shall be then living, and the life and lives of the longest liver, and last surviver of them, at and under, [as well this present or a like covenant for renewal] as other the covenants, provisos, clauses, and agreements herein contained, [and so from time to time and at all times for ever] (1), and Covenant for renewal. (1) The disputes which have arisen between landlords and tenants, and the discordant determinations which are to be found in the books, respecting the extent of a covenant for future renewal, " upon and subject to the same terms, agreements, &c. as the present," (see Bac. Ab. 8vo. 221, 2 Elem. Conv. 2d Ed. p. 471, 477) render it important that a covenant for this purpose should expressly declare the intent of the parties, as to whether the covenants for a renewal are to be inserted in every future lease, or to be limited to the present or a certain number of renewals; and more particularly, as the courts lean against covenants for perpetual renewal, Moore v. Foley, 6 Ves. 232; and cases cited, 2 Bridg. 135, pl. 99; and Igguelden v. May, 9 Ves. 325; C. of London v. Mitford, 14 ib. 41; but if the covenant for perpetual renewal be clear and certain, that until such renewal shall be made and per LEASES. for Lives. fected, he the said (lessee) his heirs and assigns, Renewed Lease shall hold and enjoy the said premises at and under the same rent, and subject to the same covenants, conditions, terms, and agreements, as if the same had been made and perfected, or as if the present lease were still in force and continuance. PROVIDED always nevertheless, and these presents are upon this express condition, that in case the said (lessee) his heirs or assigns, shall within the space of three, calendar months next after the decease of the survivor of any two of the three nominees hereinbefore named, or in any future or renewed lease to be named, refuse or neglect to give notice in writing, under his or their hand or respective hands, to the said (lessor) his heirs or assigns, of his or their desire to renew the said lease, and to name one or more person or persons, (according to the number of lives which shall then have dropt) in the lieu or room of him or them who shall have departed this life, or shall refuse to pay such fine as aforesaid, upon lawful demand made thereof, or to execute a And exe it must be performed, Villan v. Villan, 16 ib. 84. If there be no surrender of the old lease, add a proviso, and declaration by the landlord that the lease shall operate as a surrender of the former or subsisting lease, and a release to the tenant of the rent and covenants contained in it. LEASES. for Lives. counterpart of the said lease, at and under the Renewed Lease rent, covenants, and agreements hereinbefore contained, and according to the true intent and meaning hereof, then and in either of the said cases, it shall be lawful for the said (lessor) his heirs or assigns, by any writing under his or their hand or hands, to determine and make void the demise hereby made, at or at any time after the expiration of the said three calendar months next after the decease of any two of the said nominees, and then and in that case he the said (lessor) his heirs or assigns, shall be at full liberty to grant a fresh lease thereof to any other person or persons in the same manner as if these presents had not been made, any thing herein contained to the contrary thereof in any wise notwithstanding (1). IN WITNESS, &c. Delivery of possession. (1) Add here a power of attorney for the delivering or taking possession, unless this be intended to be done in person, see ante, Vol. I. p. 227, notes, and post, p. 604. No. XXXVII. Lease of a Messuage, &c. for the Life of the Lessee. Variations as in the margins below (1). LEASES. Lease for Life of Lessee. THIS INDENTURE, made the in the &c. day of lessor) of, &c. of the one part, and (the lessee) of, (1) And see notes, &c. to Vol. I. No. XXIII. If the lease is granted by an heir at law in pursuance of Heir. directions or under an agreement by his ancestor, ante, No. XXXI. If by trustees, ante, No. XXVIII. Trustees. (2) If livery of seisin (which is necessary in a lease for life Livery. at common law, by reason of its creating a freehold interest) is intended to be made by attorney, make him a party of the second part. (3) If the lease be granted in pursuance of a previous written Prior agreeagreement, or the directions of a will for trustees or heir at law ment, &c. to grant a lease to the lessee for his life, such agreement, will, &c. may be here recited, as ante, p. 93, n. (2). |