BUILDING said premises, any bricks, tiles, or other wares, or carry on, or permit to be carried on, any noisy, noxious, or offensive trade or noisy, noxious, manufacture, or permit the said premises to be used for any or carry on or offensive trade. To repair and surrender in good repair at the end of term, to pay a reasonable proportion of illegal or immoral purpose, or for a public house, inn, tavern, or beer-shop, or otherwise for the sale of wine, malt liquors, or spirituous liquors, or do or suffer to be done thereon any act or thing whatsoever which may be an annoyance or disturbance to the lessors or their tenants in the neighbourhood: And also that the lessee will, from time to time and at all times during the said term, well and substantially repair, maintain, cleanse, and pave, and in good and substantial repair and condition keep the messuages or dwelling-houses and other buildings so to be erected as aforesaid, and appurtenances belonging thereto, and the said footway in front, and the same so repaired, maintained, cleansed, paved, and kept will quietly surrender and yield up unto the lessors on the determination of the said term: And will pay a reasonable proportion (to be ascertained by such surveyor as aforesaid) of expense of repairing comthe expense of supporting and repairing all roads, ways, sewers, mon roads, &c. drains, party walls, watercourses, and easements, used or to be used, or capable of being used, in common by the occupiers of the said premises hereby demised, with the occupiers of the adjoining property, except the expense of making the main streets and main sewers which are intended to be made by and at the expense of the lessors, but including the expense of maintaining, cleansing, and keeping in repair the same when made, unless and until such expense shall be defrayed by or out of rates to be levied for that purpose, which rates the said lessee will be liable to pay under the covenant in that behalf herein before to paint inside contained: AND ALSO will paint twice, in oil, in a proper and sufficient manner, once in every ten years of the said term, the outside every inside of the said messuages and buildings usually painted, or which ought to be painted: AND ALSO once in every five years of the said term, the outside of the same, usually painted or which That workmen ought to be painted: AND FURTHER, that it shall be lawful for from adjoining the workmen of the lessors, or of their tenants or occupiers of enter to cleanse houses adjoining or near to the said premises hereby demised, at all reasonable times of the day, to enter into and upon the said demised premises and the messuages and buildings so to be erected as aforesaid, for the purpose of cleansing drains and for repairing any of the adjoining houses as often as occasion shall every ten years, and five years. houses may drains, &c. LEASE. That lessors may have watercourse. require AND that the lessors and their tenants shall have free BUILDING liberty of watercourse in, through and under the said demised premises to carry off the water and sewage from the adjoining or contiguous property: AND that the lessee will at all times during liberty of the said term, insure and keep insured from loss or damage by To insure. fire, the messuages and buildings to be so erected as aforesaid, to the amount of four-fifths at least of the value thereof, such value to be ascertained by such surveyor as aforesaid, whose certificate of value shall be conclusive, in the names of the lessors and lessee (or in such other manner as the lessors shall, on the request of the lessee, approve) in the insurance office, or in some other insurance office to be previously approved in writing by such surveyor as aforesaid, and will, from time to time upon the request of the lessors or such surveyor as aforesaid, produce and show to them or him the policy of such insurance and also the receipt for the premium of such insurance for the next ensuing year: AND ALSO that he the lessee will, as often as the said messuages and buildings so to be erected as aforesaid, or any of them, shall be destroyed or damaged by fire or other accident, immediately lay out and apply the money to be received by virtue of any such insurance as aforesaid, and also all such other sums of money (if any) as shall be necessary for that purpose, in well and substantially rebuilding, repairing, and reinstating the same under the inspection and to the satisfaction of such surveyor as aforesaid: AND ALSO that the To give notice lessee will upon every assignment of the said premises hereby demised, or any part thereof, or within twenty-one days thereafter, deliver a notice of such assignment to the lessors or their solicitor, setting forth the names and description of the parties to every such assignment, and the particulars and effect thereof: AND ALSO that it shall be lawful for the lessors or their surveyor That lessors or agent for the time being, with or without workmen or others, may enter to from time to time, and at all reasonable times of the day during repair. the said term, to enter into and upon the said demised premises and the messuages and buildings to be erected thereon as aforesaid, or any part thereof, and inspect and view the condition thereof, and during the last seven years of the said term to take an inventory of the fixtures and other things then in or about the same, and if any defect or want of reparation shall be on any such inspection found and discovered, to give to the lessee, or VOL. II. G to lessors of all assignments. BUILDING Power of reentry on nonpayment of rent or breach of covenants. Proviso for apportionment of rent between the leave for him at or upon the said premises or some part thereof, notice in writing to make good and restore the same, and that the lessee will, within six calendar months next after such notice, well and sufficiently make good and restore the same accordingly: PROVIDED ALWAYS, that if the said yearly rent hereby reserved, or any part thereof, shall at any time be unpaid by the space of twenty-one days after the same shall have become due, whether the same shall have been lawfully demanded or not, or in case of the breach or non-observance by the lessee of any of the covenants herein on his part contained, then and in any such case it shall be lawful for the lessors, notwithstanding the waiver of any previous cause or right of re-entry, to enter into and upon the said demised premises and the messuages and buildings so to be erected as aforesaid, or any of them or any part thereof, in the name of the whole, and to repossess, retain, and enjoy the same as of their former estate: PROVIDED ALWAYS, and it is hereby agreed and declared, that if the lessee (including any person or several houses persons in favour of whom an apportionment of rent shall then on assignment. already have been made under this present proviso, his or their executors, administrators, or assigns) shall at any time or times during the said term hereby granted, assign any one or more of the messuages or tenements so to be erected as aforesaid (not being the whole of the premises then vested in him), then and in every such case such surveyor as aforesaid shall, if and when requested so to do by any party entitled under such assignment, determine what portion of the rent hereby reserved shall thenceforth be payable in respect of the premises comprised in such assignment, and what portion thereof shall thenceforth be payable in respect of the premises vested in the person making the same assignment, and a memorandum of such apportionment, signed by the lessors or the said surveyor, shall be endorsed on these presents, and the counterpart thereof or other the document under which the apportioned rent shall be payable, and from and after the endorsement of such memorandum the person to whom such assignment shall be made shall hold the premises comprised therein, subject only to the payment of the apportioned rent so to be made payable in respect thereof as aforesaid, and to the observance and performance of the covenants and conditions herein contained on the part of the lessee to be observed and performed so far as the same shall be applicable to the last-mentioned premises in the same manner as if a separate lease of the same premises had been granted to him or them, at and under such last-mentioned apportioned rent, covenants, and conditions, so far as the same shall be applicable as aforesaid respectively, and the person making such assignment as aforesaid shall hold the premises remaining vested in him, subject only to the payment of the apportioned rent so to be made payable in respect thereof as aforesaid, and to the observance and performance of the covenants and conditions herein contained on the part of the lessee so far as the same shall be applicable to the last-mentioned premises, in the same manner as if a separate lease of the same premises had been granted to him, at and under such last-mentioned apportioned rent, and subject to such covenants and conditions so far as the same shall be applicable as aforesaid respectively, and so toties quoties upon every subsequent division by assignment of part of the premises held under an apportioned rent: PROvided also, and it is hereby agreed and declared, that no apportioned rent shall in any case be less than the sum of thirty shillings or exceed one-fifth part of the rack rent value of the land in respect whereof the same shall be apportioned, and the buildings erected. or to be erected thereon, when finished and fit for habitation, and that until all the said messuages and tenements hereinbefore covenanted to be erected shall be completed and rendered fit for habitation, the lessee shall only be entitled to apportionment in respect of such of the said messuages or tenements as shall be so completed and rendered fit for habitation: (Covenant by lessors for quiet enjoyment, and meaning of " lessor" and "lessee," suprà, p. 56). IN WITNESS, &c. BUILDING LEASE. LEASE OF PREMISES FOR Parties. to lessee. Parcels. Use of machinery, &c. No. XVI. LEASE of a MANUFACTORY and PREMISES for CARRYING on the BUSINESS of making and selling CEMENTS. THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (hereinafter called "the lessor"), of the one part, and C. D., of, &c. (hereinafter called "the lessee"), of the other part, WITNESSETH, that in consideration of the rent and royalties hereinafter reserved, and of the covenants hereinafter contained, and on the part of the lessee to be observed and performed, the lessor hereby Lessor demises grants and demises unto the lessee: FIRST, ALL that tenement chiefly used as an engine house, situate in and fronting Street, in the city of which said premises are more particularly delineated in the map or plan drawn in the margin of the first skin of these presents, and therein coloured blue: AND THE USE and enjoyment of all the machinery, fixtures, implements, utensils, and things which now are in or upon the said premises: AND SECONDLY, ALL and singular the manufactories, buildings, boiler houses, kilns, erections, offices, buildings, and premises, situate between Street and Quay, in the said city of, which said premises secondly herein before described are more particularly delineated in the said map or plan, and therein coloured red: AND THE USE and enjoyment of all the machinery, fixtures, implements, utensils, and things which now are in or upon the said premises secondly hereinbefore described (EXCEPTING nevertheless and reserved unto the persons in favour of or to whom the same have previously to the date of these presents been excepted and reserved, all the rooms which form the upper storey of the several buildings hereby demised, and the absolute use and enjoyment thereof, whether for the purpose of business or otherwise howsoever, and unto the same persons and their servants, workmen or any other persons on their behalf, and (as to the piece of land coloured brown in the said map, either on foot, or by means of carts or other vehicles, horses or other animals), full and free right and liberty of ingress, egress, regress, passage, and way at all times over |