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tions therein mentioned, amongst other hereditaments, demised by the said [lunatic] unto the said [trustees], from the day of the solemnization of the marriage then intended, and which was soon after solemnized between the said lunatic and for the term of

ninety-seven years, if the said [lunatic] should so long live, without impeachment of waste, upon the trusts therein mentioned; but subject to a proviso in the indenture now in recital contained, that the same should not be deemed to prevent or suspend the execution of any of the powers contained in the herein before in part recited indenture, not exercised by the indenture now in recital, but that the said [lunatic] might exercise all such of the powers as were by the said hereinbefore in part recited indenture given to him, and not by the indenture now in recital exercised, as effectually as if the said indenture now in recital had not been made; but with a proviso that the said [lunatic] should not execute the powers of leasing, save only with the consent of the trustees or trustee for the time being in writing first had and obtained. AND WHEREAS a commission in the nature of a writ de lunatico inquirendo having been issued under the Great Seal of the United Kingdom of Great Britain and Ireland, to inquire (among other things) of the lunacy of the said [lunatic]; it was by an inquisition taken thereon found, that the said [lunatic] was of unsound mind, so that he was not sufficient for the government of himself, his manors, messuages, lands, tenements, goods, and chattels, and that he had been in the same state of unsound mind and condition from the time in the same inquisition mentioned, (being a period subsequent to either of the hereinbefore in part recited indentures), AND WHEREAS, by two several orders of the Lord High Chancellor of Great Britain, made in the matter of the lunacy of the said [lunatic], and bearing date respectively the 6th and 12th days of May, 1823, the custody of the person, and the care and management of the estates of the said [lunatic], were ordered to be granted to the said [committee], and grants have passed the Great Seal accordingly, by means whereof the said [committee] now is the committee of the person and estate of the said lunatic. AND WHEREAS, by another order of the Lord High Chancellor of Great Britain, made in the said matter, and bearing date the 22nd day of February, 1825, his Lordship did refer it to -, Esq., the Master to whom the said matter stood referred, to receive proposals from time to time for granting a lease or leases of any part or parts of the said [lunatic's] estates, which were then out of lease; and the said Master was to be at liberty to report the same to the Lord Chancellor from time to time, with his opinion thereon, as he should think fit; after which such further order should be made as should be just. AND WHEREAS the Master to whom the matter of the lunacy of the said [lunatic] now stands transferred, made a report in the said matter (in pursuance of the said last-recited order), and bearing date the 17th day of December, 1827, and thereby certified, that the said committee having brought in before the said Master a state of

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facts, and proposal for granting two several leases, one of which was to the said [lessee] of the farm, lands, and premises hereby demised or intended so to be, according to the terms of an agreement entered into the 12th June, 1827, and made between R. E., on the behalf of the said [committee], as such committee as aforesaid, of the one part; and the said [lessee], of the other part; he the said Master thereby certified that he found that the said farm, lands, and premises hereby demised or intended so to be, were parts of the property comprised in the hereinbefore in part recited indenture of release of the by virtue of which the said [lunatic] had a power of leasing the same for a term of twenty-one years; and it having been proposed before the said Master, that a lease should be granted to the said [lessee], of the farm, lands, and premises mentioned in the said agreement, and according to the terms and conditions mentioned and contained in the said agreement; and he the said Master certified, that he had considered the said proposal, and the evidence in support thereof, and did approve of the same; and the Master was of opinion that it would be fit and proper that a lease should be granted to the said [lessee] of the said farm, lands, and premises, according to the terms and conditions mentioned in the said agreement, but with the consent in writing of the trustees appointed and acting by virtue of the said hereinbefore in part recited indenture of And the said Master was also of opinion, that the rent to be reserved by the said lease, and the covenants to be entered into by the lessee, ought to be made payable to, and to be performed with the person or persons who, for the time being, should be entitled to the reversion of the premises to be demised by such lease expectant upon the expiration of the term of years to be granted by such lease. AND WHEREAS, by an order of the Lord Chancellor made in the said matter, bearing date the 26th day of January, 1828, it was ordered that the said Master's report should be confirmed, and that it should be referred to the said Master to settle and approve of two proper leases, one of which was to be to the said [lessee] of the farm, lands, and premises in the said report mentioned, upon the terms and conditions therein specified; and that the said [committee], as the committee of the said [lunatic], should be at liberty in the name and on the behalf of the said lunatic, by and with the consent of the said [trustees] (to be testified by their being made parties to and executing such lease) to execute such lease when settled and approved of upon the said [lessee] executing a counterpart thereof. AND WHEREAS, in pursuance of the said last-recited order, the said last-mentioned Master hath made a report in the said matter, bearing date the day of, and thereby certified, that he had settled and approved of a proper lease, being these presents, to be granted to the said [lessee] of the farm, lands, and premises hereinafter particularly mentioned and described; and that, in testimony of his approbation thereof, he should sign an allowance in the margin of the first skin of the indenture of lease, and set his name in the margin of each of the other skins thereof, and he hath accordingly signed such his allowance, and set his name on these presents.

NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said lastly hereinbefore recited order, and in pursuance and in exercise and execution of the power or authority in that behalf given to the said [lunatic] by the said hereinbefore in part recited indenture of, and by force and virtue of all and every other power and powers, authority and authorities whatsoever enabling him the said lunatic in this behalf, and by force and virtue of the statute passed in the first year of the reign of his present Majesty King William the Fourth, intituled An act, &c. [title, ante, p. 502], and in consideration of the yearly rent, and of the covenants and agreements hereinafter reserved, and contained by and on the part and behalf of the said [lessee], his executors, administrators, and assigns, to be paid, kept, done, and performed, He, the said [lunatic], by the said [committee], acting in his name and on his behalf, and with the privity and approbation of the said last-named Master, testified as aforesaid, and with the consent of the said [trustees] (the present trustees under the said indenture of), testified by their severally signing, sealing, and delivering these presents, Hath granted, demised, and to farm let, and by these presents Doth grant, demise, and to farm let, unto the said [lessee], all that messuage or tenement [description of the farm], excepting and always reserving unto the person or persons who, for the time being, shall be entitled to the reversion of the premises hereby demised, expectant on the determination of the said term of fourteen years hereby granted, all timber, &c. [the exceptions], TO HAVE AND TO HOLD the said messuage or tenement and farm, and all and singular other the premises hereby demised, or intended so to be, with their appurtenances, (except as before excepted), unto the said [lessee], his executors, administrators, and assigns, from the 11th day of October now last past, for and during and unto the full term of fourteen years thence next ensuing. YIELDING AND PAYING, therefore, yearly and every year, during the said term, unto the said [lunatic] (w), or unto the person or persons who, for the time being, shall be entitled to the reversion of the said

(w) It was held, that the committee of a lunatic tenant for life is not an assignee within the meaning of the first or second sections of the Irish statute 23 & 24 Geo. 3, c. 46, which enables the executors, administrators, or assigns of a tenant for life to recover by action, or by distress, the whole, or a proportion of the rent due on his death. And therefore, where a lease of an estate of which a lunatic was tenant for life, had been granted by a Master in Chancery in Ireland under the order of the Court, [See ante, pp. 352-354] reserving rent half yearly, and the lunatic died before the day appointed for payment of a half year's rent, it was held that his committee was a trespasser in entering and distraining for so much of the last half

year's rent as was due at the lunatic's death, notwithstanding an order of the Lord Chancellor, made after the lunatic's death, authorizing the committee to enforce the payment of the rents in arrear due from the lunatic's tenants. Persse v. Persse and another, 1 Alcock & Napier's K. B. Ir. Rep. 35. The corresponding English enactment is the 11 Geo. 2, c. 19, s. 15, under which it was held, that upon the death of a tenant for life with power of granting leases, who had let part of the estate by a parol agreement, reserving rent half-yearly, such rent was apportionable between the administrator and the remainder-man, who was a lunatic. Ex parte Smyth, In re Smyth, 1 Swanst. 337.

hereinbefore demised premises, immediately expectant on the determination of the said term of fourteen years, the yearly rent or sum of £—— of lawful money current in Great Britain, by even and equal quarterly payments, (that is to say), [in usual form]. [Proviso, that if rent should be in arrear thirty days, or if lessce should assign the premises] without the licence and consent of the person or persons who for the time being should be so entitled to the reversion as aforesaid, in writing under his or their hand or respective hands first had and obtained, or if &c., [other usual conditions], then, and in any or either of the said cases, it shall and may be lawful to and for the person or persons who for the time being shall be so entitled to the reversion expectant as aforesaid, into and upon the said demised premises, or any part thereof in the name of the whole to re-enter, and the same to have again, repossess, and enjoy, as in his or their former estate and right, anything herein contained to the contrary thereof in anywise notwithstanding. AND the said [lessee] doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said [lunatic] and other the person or persons who for the time being shall be entitled to the reversion expectant as aforesaid in manner following, (that is to say), that he, the said [lessee], his executors, administrators, and assigns, shall or will well and truly pay or cause to be paid to the person or persons so for the time being entitled as aforesaid, the said yearly rent or sum of £, on the days and times and in manner hereinbefore appointed for payment thereof, according to the true intent and meaning of these presents. [The other usual covenants, or such other covenants as the nature of the property and the terms of the agreement between the parties require, should be here inserted.] AND the said [lunatic] acting by his said committee as aforesaid, so far as he rightfully and lawfully may or can, but no further or otherwise, doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said [lessee], his executors, administrators, and assigns, that he the said [lunatic] or the person or persons who for the time being shall be entitled to the reversion expectant as aforesaid, shall and will [the usual covenants on the part of the landlord, or such as the nature of the property and the terms of the agreement require, to be here inserted; and for quiet enjoyment by the lessee during the term], without the lawful let, suit, trouble, molestation, interruption, hindrance, or denial of the said lunatic, or any person or persons lawfully claiming or to claim by, from, under, or in trust for him, or of the person or persons who, for the time being, shall be so entitled to the reversion expectant as aforesaid. IN WITNESS &c. (x).

(x) See conclusion and forms of execution, ante, p. 760.

Lease by the Owner of one Moiety of an Estate, and by the Committee of a Lunatic, who was entitled to the other Moiety, without Recitals of the Orders as in the preceding Forms.

THIS INDENTURE, made &c., between [owner], of the first part; and, Esq., (found to be a lunatic by an inquisition taken under a commission in the nature of a writ de lunatico inquirendo), of the second part; and [committee], (committee of the estate of the said [lunatic], by virtue of letters patent under the Great Seal of Great Britain), of the third part; and [lessee] of the fourth part:WITNESSETH, that in consideration of the yearly rent, covenants, and agreements hereinafter reserved and contained, and on the part of the said [lessee], her executors, administrators, or assigns, to be paid, done, and performed, he, the said [owner], so far as relates to one moiety to which he is entitled in fee-simple in possession, of and in the hereditaments hereinafter described, and intended to be hereby demised, hath demised, leased, and to farm let, and by these presents doth demise, lease, and to farm let: And the said [lunatic], acting by the said [committee], as such committee as aforesaid, by virtue of an act of Parliament passed in the first year of the reign of his present Majesty King William the Fourth, intituled, An act, &c., [title, ante, p. 502]; and also by virtue and in pursuance of the power or powers to the said [lunatic] reserved, and contained in and by a certain indenture of release, bearing date &c., and made between &c., [the parties]; And also by force and virtue of all other powers and authorities to him the said [lunatic] given or in him vested, or in anywise enabling him in this behalf, and in exercise and execution thereof; and also by virtue of an order of the Lord High Chancellor of Great Britain, bearing date the day of this instant made on the petition of the said [committee] as committee as aforesaid, and so far as relates to the moiety comprised in the said indenture of [date], of the hereditaments hereinafter described, and intended to be hereby demised, and also for and in consideration of the yearly rent, covenants, and agreements hereinafter reserved and contained by and on the part and behalf of the said [lessee], her executors, administrators, and assigns, to be paid, done, and performed, Hath, with the approbation of

one of the Masters of the High Court of Chancery, to whom the matter of the lunacy of the said [lunatic] stands transferred, as certified by his report, bearing even date herewith, and as testified by his allowance, signed in the margin of the first skin of this present indenture, and by his signature in the margin of the other skin hereof, demised, leased, and to farm let, and by these presents doth demise, lease, and to farm let, unto the said [lessee], all that messuage &c. [parcels]; and all ways, paths, passages, lights, easements, waters, watercourses, profits, commodities, and appurtenances whatsoever to the said hereditaments and premises belonging, or in anywise appertaining, TO HAVE AND TO HOLD the said messuage or tenement, and all and singular other the premises hereby demised or intended so to be, with their and every of their appurtenances, unto

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