For a Lease. expressly stipulated in the agreement. An agreement for a lease of lessor's title. contains no implied engagement for general warranty of the land, nor for delivery of an abstract of the lessor's title, Gwillim v. Stone, For production 3 Taunt. 433; Temple v. Brown, 6 ib. 60. The right of the lessee to inspect the lessor's title is however admitted in all cases, Waring v. Mackreth, Forr. 138; except in the case of a bishop, Fane v. Spenser, 2 Madd. 438; and specific performance of an agreement will not be enforced when the title is not clearly made out, a lessee being considered as a purchaser, pro tanto, Fildes v. Hooker, 2 Mer. 424. But as in many cases lessors may object to produce their title, and in others it may be of great importance to the lessee to be assured of the title of his lessor, care should be taken to make this a part of the contract wherever the interests of either party require it. Duration of term. Usual covenants. Not to carry on any trade. As to intervening accidents. Exemption from stamp duty. 7. On the principle that deeds ought to be construed most in favour of the grantee, it has been decided, that where an agreement contains a power to determine a lease at the end of seven, fourteen, or twenty-one years, it shall be in the power of the lessee to determine, and not of the lessor, unless it be expressly so stipulated, Dann v. Spurrier, 3 B. & P. 399; Doe v. Dixon, 9 E. 15; Price v. Dyer, 17 Ves. 363. 8. Under the clause "usual covenants" are to be understood such as are usual in reference to the nature of the property, the term "usual" being the same as "reasonable," "fair," Prec. Ch. 25. Where, in an agreement for a lease, it is stipulated that it shall contain "such covenants as are usual in leases of lands" &c. in the neighbourhood, it appears that a court of equity will enforce specific performance, Boardman v. Mostyn, 6 Ves. 467. As a school has been held to come under the general clause, "not to carry on any trade," it must be expressly stipulated, if any exception is to be made. Likewise, as it appears doubtful whether, if a house be destroyed before the tenancy commences, a person shall be bound by his contract, it is advisable to make provision for this event in the agreement, Phillipson v. Leigh, 1 Esp. 397. 9. A memorandum or agreement for granting a lease or tack at rack rent, under the yearly rent of 51., is exempted from the usual agreement stamp; but it has been held that such an agreement is not within the exception, if the interest agreed for be a beneficial one, Doe v. Boulcot, 2 Esp. 595. (As to Leases, see further, post, LEASES.) No. LIX. Agreement for the Lease of a House. (General Precedent.) No. LIX. Lease of a House. Articles of &c. (see ante, No. XLVI.) Betn (lessor) of &c. of Parties. the one pt and (lessee) of &c. of the or. pt whby the sd (lessor) agrees by indenture of lease to be executed on or before to demise. day next ensuing to demise and let unto the sd (lessee) All that Lessor agrees messe or tenmt with the coach-house stable garden &c. (Here describe parcels particularly.) To hold the same to the sd Term. (lessee) his exrs and ads from day next ensuing for the term of yrs (a) at the yrly rent of £ clear of all Rent. taxes parliamentary parochial or orwise (b) and paye quarterly the part of the rent. at the four usual festivals In which lease shall be contained Covenants on covts on the pt of the sd (lessee) to pay the rent (c) to repair the lessee to pay preses (d) and to deliver up the same at the end of the sd term in good and tenantable repair (e) And also to insure the sd To insure. preses from loss by fire during the sd term in one of the insurance offices in London or Westminster to be approved of by the sd (lessor) for the sum of £ And also to rebuild or repair the To rebuild. sd preses if destroyed or damaged by fire or otherwise And also not to assign (ƒ) or underlet the sd preses witht the licence of the sd (lessor) with all or. usual (g) and reasone covts and a provo for the re-entry of the sd (lessor) his hrs and ass in case of non-paymt of the rent for the space of days after either of the sd days of payment or of the non-performance of the To repair. (a) “ Determinable at the end of seven, fourteen, or twenty-one years." And Proviso for deif it be so agreed, add "at the will as well of the said (lessor) as of the said termining the (lessee)." Sect. 7. lease. (b) "Except the land-tax or sewers-rate," &c. (as the case may be.) Sect. 6. (c) "Yrly and every year during the sd term unless the house should be Suspension of burnt down or destroyed by any inevitable accident." Sect. 6. rent. (d) It is usual to insert the exception, "damages by fire tempest and other Lessee not to inevitable accidents excepted." Sect. 6. (e) If the covenant to insure be omitted, and the above exception be inserted, then add "except as last excepted." nor (f) As to this covenant, see sect. 6. And also, if it be so agreed, add “ carry on or suffer to be carried on upon the sd premises any kind of trade," or "any offensive or noisy trade," &c. See sect. 6. (g) As to usual covenants, see sect. 8. rebuild. covts (a) And that there shall also be contd in the sd lease a covt on the pt of the sd (lessor) his hrs exs and ads for quiet enjoyment by the sd (lessee) his exs and ads of the sd preses during the sd term upon paymt of the rent and performance of the covts (b) And (c) it is hby agrd by the sd pties hereto that the expence of preparing these prests and the sd lease and a counterpart thof shall be pd and borne by the sd pties equally And (d) lastly it is mutually agrd by and betn the pties hereto that the destruction of the sd preses by fire or or. cause before the execution of the sd lease shall not (or "shall," as case may be) in anywise alter or vacate this contract. In witness whof (e) the sd pties have hereunto set their hand the day of 18 No. LX. Lease of a Lease of a House (with or without Furniture) for a Year, and so from Year to Year by way of Agreement—see post, LEASES. No. LX. Agreement for the Lease of a Farm. Articles of &c. (see No. XLVI.) Betn &c. (see last precedent) The sd (lessor) doth hby agree to grant and the sd (lessee) to accept a lease of All that farm and lds belonging to the sd (a) And if it be a public-house, add “and also a like proviso for the re-entry of the sd (lessor) in case the sd (lessee) shall suffer the sd preses to be converted into a private house or shop, without the consent in writing of the sd (lessor) for that purpose first obtained." This is now so general a stipulation in such leases that it has been held that it would be included under the words "all usual" covenants, Bennett v. Womack, 7 B. & C. 627. (b) As to the production of the lessor's title, see sect. 6. (c) Or, as is more usual, "the sail (lessee) doth hereby agree to accept such lease as afd and to execute a counterpart thereof and to pay the expence of these presents and also of the sd lease and counterpart." (d) See sect. 6. (e) If the agreement be entered into by the agent of either party, say "the sd (lessor) or (lessee) has hereunto set his hand by the sd (agent) his attorney lawfully constituted." [As to signing agreements, see AGREEMENTS, s. 5.] (lessor) situate &c. To hold the same for the term of from the day of yrs No. LX. Lease of a Farm. now last past at the yrly rent of clear of &c. (see No. LIX.) to be paid half yrly on the day of and the day of Covenants in the lease on the now next ensuing And the sd indre of lease shall contain the followg covts on the pt of the sd (lessee) that is to say To keep the tillage of the sd lds in due see. course of husbandry and to manage the same in a good and husbandmanlike manner Not to sow or set more than acres of the sd preses with potatoes carrots cabbages or other vegetables except turnips half of which at least are to be fed off and not carried off To keep and preserve the buildings gates and fences belonging to the sd preses in good and sufficient repair during the sd term [except the same be damaged by fire or any or. inevitable accident] To cleanse and scour yrly roods of hedges and ditches where it is most wanted Not to grub up destroy or injure any of the trees growing on the sd preses Not to sell any straw hay or manure during the sd term To give a fresh coat of manure to evy acre of the arable ld once in yrs and to evy acre of the pasture ld once in yrs To allow the gamekeeper and bailiffs of the sd (lessor) to come upon any pt of the sd grounds hby demised at any time he or they may think proper for the purpose of hunting shooting coursing or lessor. killing of game (add covenant to insure, not to assign, for re- Covenants on entry on non-payment of rent &c. as in the last precedent) And the part of the also the following covts on the pt of the sd (lessor) That the sd (lessee) may at all times dig marl and clay for the improvement of the lds and also sufficient gravel to keep the roads in repair And also that he may cut underwood and brushwood and lop pollard-trees above the age of for reasonable estover and as much rough timber as may be needful for the repairs of the sd preses And also (covenant for quiet enjoyment, as in the last precedent). In witness &c. (see ante, No. XLVI.) Agreement by Trustees for letting Premises during the Minority of a Child, see post, LEASES. VOL. I. L No. LXI. To Let Furnished House. No. LXI. Agreement to Let a Furnished House or Apartments. Obs. A covenant that the landlord may distrain for rent is not necessary in an instrument of this kind, as it is held that a distress may be had upon any goods of the tenant, as well for furnished as unfurnished lodgings, Newman v. Anderton, 2 N. R. 242. Memorandum of an agreement Betn (lessor) of &c. of the one pt and (lessee) of &c. of the or. pt as follows. That the sd (lessor) agrees to let and the sd (lessee) to take all that messuage or dwelling-house situate &c. (or "all those the first and second floors belonging to &c." as the case may be) togr with all the furniture fixtures crockery and all other things mentioned and comprised in the schedule hereunder written for the space of months to be computed from the date of these presents at the rent of £ per quarter (or "mth") [to be pd quarterly (or "monthly")] And the sd (lessee) agrees that at the expiration of the sd mths he the sd (lessee) shall and will deliver up the sd dwellinghouse (or "first and second floors &c.") togr with the fixtures and furniture as afd in as good a condon as the same now are rease wear and tear thof excepted and shall and will replace any of the crockery and china or or. utensils that shall be broken or orwise damaged. In witness &c. (see ante, No. XLVI.) The schedule or inventory referred to in the above agree ment. No. LXII. Building Lease. No. LXII. Parties. grant leases at Agreement for a Building Lease or Building Leases. Articles of &c. (see ante, No. XLVI.) as follow that is to say First the sd (lessor) in conson of the rents and covts hinaft mentd doth hby agree with the sd (lessee) his exs ads and ass That when and so soon as the sd messes or tents hinaftr mentd shall be built and covrd in the areas thof formed and the foot and carriage ways and pavements finished as hinafter is mentd to the approbation of the surveyor of the sd (lessor) then he the |