LEASES.

AGREEMENTS.

Tithes.

No. VII.

An Agreement for a Lease of Tithes (1).

Variations where Glebe Lands of the Rectory, &c. are included.

Partics.

RTICLES OF AGREEMENT, entered into this

ARTICLES

day of

[* in the

year

of the reign, &c. and] in the year of our Lord BETWEEN (the lessor) of, &c.

[for himself, his heirs, executors, and administrators], of the one part, and (the lessee) of, &c.

[for himself, his heirs, executors, administrators, and assigns], of the other part (2), as follow (that is to say), the said (lessor) in consideration of the rents (3), covenants, and agreements hereinafter

(1) Of leases and agreements respecting tithes, see 4 Bac. Abr. 8vo. 50, and 6 ibid. 758, and see also 2 Elem. Conv. 2d Edit. ch. xi. s. iii. p. 314, et seq.

If brevity be required, the words within brackets may be omitted throughout the precedent.

(2) If the agreement be entered into by the bailiff or agent of either party, see No. I. p. 2, (3).

Brevity.

Agent.

Consideration.

(3) If a consideration be paid for the lease, see No. n. (3).

the

AGREEMENTS.

Tithes.

a lease.

mentioned on the part of the said (lessee), his [exe- PURCHASES. cutors, administrators, and assigns], to be paid, performed, and observed, doth hereby covenant and agree with the said (lessee), [his executors, administrators, and assigns], that he the said Agreement for (lessor) [or his assigns], shall and will, on or before day of now next ensuing, upon request made to him [or them] in writing, under the hand of the said (lessee) [his executors, administrators, or assigns], for that purpose, grant and execute unto the said (lessee) [his executors, administrators, or assigns], and he the said (lessee) doth hereby consent and agree to accept and take a good and effectual demise or lease to be prepared by the counsel of the said (lessor) or his assigns, of ALL and all manner of tithes of corn, grain, and hay, and other great or rectorial tithes and tenths, growing, arising, renewing, or increasing in or out of the rectory of the parish church of aforesaid (1), together with all rights and appurtenances to the same belonging. To HAVE, hold, and enjoy the same For a term of unto the said (lessee), his executors, administrators,

and assigns, for the term of

be computed from the

years, to

day of

if he the said (lessor) shall so long live and con

years,

(1) If the agreement include the glebe, add,

"And also of all arable, pasture, and other land and ground, to the said rectory, &c. belonging as the glebe thereof."

Glebe.

LEASES.

AGREEMENTS.

Tithes.

at the yearly rent of £.

tinue rector of the parish church of
aforesaid, at the yearly rent of £

(1),

clear of all taxes, deductions, and abatements whatsoever, payable in respect of the same premises (land tax only excepted), the said rent to be paid quarterly to the said (lessor) and his assigns, on the

day of

Covenants to be

the

day

day of

contained in the

of the lessee.

To pay rent.

in each year. AND IT IS HEREBY

lease on the part DECLARED AND AGREED, that there shall be contained in the said lease, on the part of the said (lessee) [his executors, administrators, and assigns], a covenant for payment of the said yearly rent in the manner, and at the times aforesaid. AND also to repair, sustain, and maintain the chancel (2) of the said church of

To repair the chancel of the church.

Indemnify against dilapidations.

And also that, &c. (3). And also a covenant to indemnify the said (lessor) and his successors, from all dilapidations during the continuance of

Barns, &c.

Insurance against fire.

(1) See 2 Elem. Conv. 2d Edit. p. 314, &c. relative to the term and rent of leases by ecclesiastical persons, &c.

(2) The repairs of the church belong to the parish, but those of the chancel to the parson. Carth. 360, 1 Ld. Raym. 59.

(3) If barns, &c. be intended to be leased, together with the tithes, add,

"And also a covenant to insure the said barns and other buildings from loss by fire, in some insurance office in the City of London or Westminster, to be approved of by the said (lessor), his heirs or assigns, in the sum of

And also to rebuild or repair the said premises if destroyed or damaged by fire."

LEASES.

AGREEMENTS.

Tithes.

void on non

payment of

rent, &c.

the said lease. AND also a covenant that the said (lessee) [his executors or administrators], shall not assign or underlet the said premises, or any estate or interest therein, without the consent in writing of the said (lessor) or his assigns, so nevertheless, Not to assign. that such consent be not withheld, without good and sufficient cause, nor any premium or other gratuity required for granting the same. AND Lease to be also a proviso empowering the said (lessor) and his assigns to re-enter upon the said premises, on non-payment of the said rent, or on non-performance of the covenants to be contained in the said lease on the part of the said (lessee) [his executors, administrators, or assigns], or on his bankruptcy or insolvency. And also all such other reasonable covenants, clauses, and agreements, by and on the part of the said (lessee) [his executors, administrators, and assigns], as are usual or proper in leases of a like nature. And the said (lessee) doth hereby agree that he the said (lessee) [his executors, administrators, or assigns], will execute a counterpart of the said lease, on the same being tendered to him or them for that purpose. AND IT IS HEREBY FURTHER DECLARED Covenants on AND AGREED, that the said lease shall contain on lessor. the part of the said (lessor) a covenant that he the said (lessor) has power to grant the said lease. And that, &c. (1). AND also a covenant or pro- Quiet enjoy

the part of the

ment, &c.

(1) Add here such other covenants, &c. on the part of the lessor, as may have been agreed upon.

LEASES.

AGREEMENTS.

Tithes.

viso that the said (lessee), his executors, administrators, and assigns, duly paying the yearly rent, and performing and observing the covenants and agreements in the said lease to be reserved and contained, shall hold and enjoy the said tithes. and premises during the said term of

years, if the said (lessor) shall so long live and continue rector of the said church of

aforesaid, free from disturbance by the said (lessor) or any other person whatsoever. And also a

covenant for all reasonable further assurances at the request and expense of the said (lessee) [his executors, administrators, or assigns]. IN WITNESS, &c. (1).

Agent.

(1) If the agreement is to be signed by an agent on the part of the lessor or lessee, see No. I. p. 13, n. (1).