UNDER POWERS, ETC. 6. By husband seised in right of his wife under Settled Estates Act, 1877. 7. By husband and wife under Settled Land Act. 8. By wife tenant for life for her separate use. sale: AND WHEREAS by an order of the High Court of Justice 18 7. THIS INDENTURE made the day of, 18—, BETWEEN A. B., of, &c., and E. his wife (lessors), of the one part, and C. D., of, &c. (lessee), of the other part: (Recite settlement under which E. B. is tenant for life as in No. 2, suprà, p. 58. substituting "her" for "him"). NOW THIS INDENTURE WITNESSETH that in consideration, &c., the said A. B., and E. his wife, in exercise of the power for this purpose given to them by the Settled Land Act, 1882 (s), and of all other powers (if any) them hereunto enabling, do hereby demise, &c. (the rest as in Precedent No. VI. to the end, substituting "lessors" for "lessor" throughout). day of —, 18—, (lessor), of the one 8. THIS INDENTURE, made the BETWEEN E. B., the wife of A. B., of, &c., part, and C. D., of, &c., (lessee), of the other part: (Recite settlement under which E. B. is tenant for life, No. 2, supra, substituting "her" for "his," and adding "for her separate use without power of anticipation." NOW THIS INDENTURE Settled Land Act, 1884, s. 7. WITNESSETH, that in consideration, &c., the said E. B. UNDER (hereinafter called "the lessor"), in exercise of the power for POWERS, ETC. this purpose given to her by the Settled Land Act, 1882 (t), and of all other powers (if any) her hereunto enabling, doth hereby demise, &c. (The rest as in Precedent No. VI. to the end, substi tuting "her" for "him" when necessary.) day of 18-, 9. By married woman of her Married 9. THIS INDENTURE, made the BETWEEN E. B., the wife of A. B., of, &c., to whom she was separate promarried on the day of, 1883 (u), (lessor), of the one perty under part, and C. D., of, &c., (lessee), of the other part: WITNES- Women's Property Act. SETH, &c., (same as in Precedent No. VI. to the end, substituting "her" for "him" when necessary). lunatic by 10. THIS INDENTURE, made the day of 18-, 10. By a BETWEEN A. B., of, &c., a lunatic so found by inquisition (lessor), his committee. by X. Y., the committee of his estate acting in this behalf, under an order of two of the justices of appeal intrusted by virtue of Her Majesty's sign manual with the care and commitment of the custody of the persons and estates of lunatics dated the day of, 18-, of the one part, and C. D., of, &c. (lessee), of the other part: (Recite settlement under which A. B. is tenant for life, as in No. 2, suprà, p. 58). NOW THIS INDENTURE WITNESSETH, that in consideration, &c., the said A. B. (hereinafter called "the lessor "), by the said X. Y., his committee, in exercise of the power for this purpose conferred by the Settled Land Act, 1882 (r), and of all other powers (if any) him hereunto enabling, doth hereby demise, &c. (The rest the same as in Precedent No. VI. to the end.) (t) Sect. 61. This date is inserted to show that the marriage took place after the commencement of the Married Women's Property Act, 1882, viz., 1st Jan., 1883. If the lessor was married before that date, but the property was acquired since, the reference to the date of the marriage should be omitted, and a recital introduced showing the acquisition. (x) Sect. 62. OF A HOUSE AND GARDEN. Parties. Witnessing part. Demise of house, &c., to lessee for term of seven years, determinable. Rent. Further rent in respect of insurance against fire. No. VIII. UNDER-LEASE of a DWELLING-HOUSE and GARDEN for a TERM of SEVEN YEARS, determinable by EITHER PARTY at the END of the THIRD or FIFTH YEAR; the INTERNAL REPAIRS to be done by the LESSEE, and the EXTERNAL REPAIRS by the LESSOR, who also INSURES against FIRE; PROVISION for SUSPENDING rent in case of DAMAGE by FIRE. THIS INDENTURE, made the day of -, BETWEEN A. B., of, &c. (lessor), of the one part, and C. D., of, &c. (lessee), of the other part, WITNESSETH, that in consideration of the rent and lessee's covenants hereinafter reserved and contained, the said A. B. (hereinafter called "the lessor ") hereby demises unto the said C. D. (hereinafter called "the lessee"), ALL THAT, &c. (describe premises), Together with the fixtures now in and about the said premises, a list whereof is set forth in the schedule hereto: TO HOLD the same unto the lessee for the term of seven years from the day of, 18-, determinable nevertheless as hereinafter mentioned, YIELDING AND PAYING during the said term the yearly rent of £quarterly payments, on the day of the day of and the by equal the day of day of quarterly payment thereof to be made on the (y) When the lessor is himself a lessee, and has covenanted with the ground landlord for insurance, it is generally more convenient that he and not the inferior lessee should see to the insurance; and in such case it is often provided that the latter shall pay an additional rent equal to the premium. OF A HOUSE AND GARDEN. rent and taxes; to keep inside in repair, AND the lessee hereby covenants with the lessor in manner following (that is to say): that the lessee will pay the rent (or rents) hereby reserved on the days and in the manner aforesaid, Lessee's cove and will also pay and discharge all taxes, rates, and assessments nant to pay whatsoever, now or hereafter to become payable for or in respect of the premises hereby demised (except the land tax and landlord's property tax, and the ground rent, and except also any charges or assessments for paving, sewering, or other similar purposes which may hereafter by any public authority or otherwise be imposed on and made payable by the owner of the premises) AND will at all times during the said term keep in good and sufficient repair and condition the inside of the said messuage and premises, and the fixtures comprised in the schedule hereto and the same in such repair and condition deliver up at the end of the lease: AND also will keep the and garden in garden and walks in good order, and the trees and ornamental good order. shrubs properly pruned, and will renew any trees or shrubs which may perish or decay, and will not cut down or remove any trees or shrubs without the written consent of the lessor; And also will permit the lessor, and also the superior landlord from time to time to enter into and upon the said premises in order to view the state and condition thereof: AND will not Not to assign without the consent in writing of the lessor, assign or underlet licence, the said premises or any part thereof, or carry on or permit to be carried on any trade or business thereon, or permit the or carry on same to be occupied in any other manner than as a private dwelling-house, or as a furnished lodging-house: AND will not or allow sale by auction. allow any sale by auction to take place on the said premises, or do or suffer any other thing whatsoever which might be an annoyance to the neighbours or a breach of any covenant or condition in the ground lease: PROVIDED ALWAYS, &c. (power of re-entry on non-payment of rent or breach of covenants, suprà, p. 56) AND the lessor hereby covenants with the lessee in Covenant by manner following, that is to say, That, &c. (covenant for quiet quiet enjoyenjoyment by lessee, suprà, p. 56): AND also that the lessor ment by lessee, will during the said term pay the ground-rent payable in respect of the said premises, and will keep the outside walls and roofs, with the outside water-pipes and shoots and outside drains and sewers, properly repaired and cleansed, and the exterior woodwork and ironwork properly and sufficiently painted as required to be done under the lease from the ground landlord dated the without trade, lessor for and to keep outside of house in good repair, OF A HOUSE AND against fire, superior lease. Proviso that rent shall be suspended in in case of fire. day of AND ALSO will at all times during the said term keep the said messuage and premises insured against loss or and to insure damage by fire in the sum of £ at east, in conformity with the covenant in that behalf contained in the said ground lease AND will, whenever required so to do by the lessee, produce to him the policy of such insurance and the receipt for the last premium, and will cause all moneys received in respect of such insurance to be forthwith laid out in the reinstating of and to produce the premises: AND ALSO will at all times at the request and cost of the lessee produce to him the said ground lease: PROVIDED ALWAYS, and it is hereby agreed and declared, that if the said messuage and premises hereby demised or any part thereof destruction by shall at any time during the said term be destroyed or rendered uninhabitable by fire, then and in such case the payment of the rent hereby reserved or a proportionate part thereof, according to the extent of the damage incurred, shall be suspended until the said messuage and premises shall have been reinstated, and again rendered fit for habitation; and if any question shall arise whether the said messuage and premises, or any part thereof, shall have become uninhabitable by reason of fire, within the meaning of the aforesaid proviso, or what proportion of rent ought to be suspended on account thereof, such question shall be referred to two arbitrators, one to be appointed by each party, and such reference shall be considered a reference to arbitration within the meaning of the Common Law Procedure Act, 1854, and be subject to the provisions of the said Act relating to arbitration PROVIDED ALWAYS, and it is hereby further agreed and declared, that if the lessor or the lessee shall be lease at end of desirous of determining this lease at the expiration of the third Power to either party to determine third or fifth year. Meaning of "lessor and "lessee." or fifth year of the said term of seven years, and of such desire shall give to the other party, or leave for him at his usual or last known place of abode in England, six calendar months' previous notice in writing, then on the expiration of the said third or fifth year, as the case may be, the term hereby granted shall cease and determine, but without prejudice to the rights and remedies of the lessor for any arrears of rent or any breach of the lessee's covenants. AND IT IS DECLARED that where the context allows, the expressions "the lessor" and "the lessee" herein before used, include besides the said A. B. and C. D., their respective executors, administrators, and assigns. IN WITNESS, &c. |