Title-deeds.

Expense of investigating title, where contract not

enforced.

Where the purchaser becomes bankrupt.

A purchaser is entitled either to the title-deeds or a legal covenant for their production ; and even if he should complete his purchase without obtaining such a covenant, he can, under his covenant for further assurance, compel the vendor to give him a covenant for the production of such of the deeds as he retained. In the former case the deed of covenant would be at the vendor's expense,* and, in the latter, according to the ordinary terms of the covenant for further assurance, at the purchaser's expense. The purchaser may insist upon having, at the vendor's expense, attested copies of such deeds as are not delivered to him; but it seems that his title to them depends upon the fact, whether or not he had notice at the time of the sale that he was not to have the possession of the deeds."

Where the vendor is unable to enforce the contract by reason of a defect in the title, he is liable to the purchaser for all the reasonable expenses which he may have incurred in investigating the title.

The seventh sec. of the bankrupt act, 6th George IV., cap. 16, provides, that where the bankrupt shall have entered into any agreement for the purchase of any estate, or interest in land, the lord chancellor shall have power, upon petition, if the assignees shall not elect to abide by or abandon the agree ment, to order them to deliver up the agreement and possession of the premises.

AGREEMENT FOR THE LEASE OF A HOUSE.

Agreement made, &c., between, &c.

The said A. B. agrees by indenture of lease, to be y Barclay v. Raine, 1 Sim. and Stu. 449, 3 Ves. 225. Fain v. Ayres, 2 Sim. and Stu. 533.

Ex parte Stuart, 2 Rose, 215.

b Dare v. Tucker, 6 Ves. 460; Ex parte Stuart, 2 Rose, 215; Berry v. Young, 2 Esp. Cases, 640.

с

Broughton v. Jewell, 15 Ves. 176.

d Attorney-General v. Corporation of Newark, 8 Sim. 71; Curtland v. Pounset, 2 Taunt. 146.

executed on or before the, &c., to demise and let unto the said C. D., all, &c., to hold the same unto the said C.D., his executors and administrators, from, &c., for the term of, &c., at and under the yearly rent of, &c., payable, &c., free and clear from Rent. taxes, and without any deduction, (determinable at the end of the first seven years, at the will of either the said A. B. or the said C. D.) And it is hereby Covenants. agreed, that the said lease shall contain covenants on the part of the said C. D., to pay the rent (yearly and every year during the said term, unless the said house should be burnt down, or destroyed by any inevitable accident,) to repair the premises, (damage by fire, tempest, and other inevitable accidents excepted,) and to deliver up the same at the end of the said term, in good and tenantable repair, (except as aforesaid;) (but if the lessee agrees to insure, add,) and also to insure the said premises from loss by fire, during the said term, in one of the insurance-offices in, &c., to be approved of by the said A. B., for the sum of, &c.; and also to rebuild and repair the said premises if destroyed or damaged by fire or otherwise,) and also not to assign* the said premises, (nor carry on, or suffer to be carried on, upon the said premises, any kind of trade, (or any offensive or noisy trade,) without the licence of the said A. B.) with all other usual and reasonable

* Unless the contract expressly stipulates in whose power it shall be to determine the lease, it will be considered in the power of the lessee. (Dann v. Spurrier, 3 B. and P. 442; Webb v. Dickson, 9 E. 16.)

In the absence of this stipulation, "unless," &c., the lessee will be liable to rebuild in case of such accidents. (Bullock v. Dommitt, 6 T. R. 650; Pym v. Blackburne, 3 Ves. 34.) But to obviate this, it is usual to covenant for insuring the premises.

"If the house happen to be burnt down, the rent will still be payable, unless the contrary be agreed upon. (4 Taunt. 45; 18 Ves. 115.)

It must be expressly stipulated that lessee is not to assign, if such restraint be intended. (12 Ves. 179.) Ante, p. 16.

covenants," and which said intended lease shall contain a proviso for the re-entry of the said A. B., his heirs and assigns, in case of non-payment of the rent, for the space of thirty days after either of the said days appointed for payment, or of the non-performance of the covenants, to be contained in the said lease, and which said intended lease shall contain a covenant on the part of the said A. B., his heirs, executors, and administrators, for quiet enjoyment of the said premises by the said C. D., his executors and administrators, during the said term, upon payment of the rent, and performance of the covenants; and the said C. D. doth hereby agree to accept such lease as aforesaid, and to execute a counterpart thereof, and to pay the expense of these presents, and also of the said lease and counterpart, (or, it is hereby agreed by the said parties that the expense of preparing these presents, and of the said lease, and also of a counterpart thereof, shall be paid by the said A. B. and C. D. equally.) And, lastly, it is mutually agreed by and between the parties hereto, that the destruction of the said premises by fire, or other cause, shall not in anywise vacate this agreement, (or shall vacate, &c., as it may be agreed upon.)

In witness, &c.i

In an agreement for the lease of a farm, it may be thus: " And which said indenture shall contain the following covenants on the part of the said C. D.; that is to say," setting forth shortly the covenants required to be performed by the lessee, and then stating shortly the covenants to be performed by lessor.

Where it is stipulated that there shall be the usual covenants as are contained in leases of land in the neighbour. hood, a court of equity will compel a specific performance. (6 Ves. 467.)

AGREEMENT FOR LETTING LODGINGS FOR ONE WEEK,
AND FROM THENCEFORTH FROM WEEK TO WEEK.

MEMORANDUM, That it is hereby declared and weekly. agreed by and between J. W., of, &c., and J. G., of, &c., in manner following: that is to say, that the said J. W. hath agreed to let, and hereby doth let, and the said J. G. hath agreed to take, and hereby doth take, all that the back room, being on the north side of the first floor of the house now in the occupation of the said J. W., situated in N. street aforesaid, with conveniences and appurtenances belonging to the said room, to hold the same, with their ap- To hold. purtenances, and the sole and uninterrupted use and Occupation thereof, unto the said J. G., his executors, administrators, and assigns, for the term of one week from the date hereof; and at the expiration of that time, that the said J. G. may hold the said apartment from week to week, at the same rent as aforesaid, until one week's notice he given by one of the said parties to the other. Provided always, and it is agreed between the said parties, that it shall not be necessary that such notice shall expire at the same day, time, or month of the year as the date of this agreement; but that the said J. W. and J. G., or either of them, shall and will accept and take one week's notice, at any period, as a sufficient notice for the conclusion of the term created by this agreement. As witness our hands, this

day, &c.

AGREEMENT AND CONDITIONS FOR LETTING A

FARM.

Memorandum of agreement made and entered in- Parties.
to this
day of 1840, between A. B., of,

&c., of the one part, and C. D., of, &c., farmer,
of the other part, as follows:

To let.

Term.

Conditions.

The said A. B. agrees to let, and the said C. D. agrees to take and become tenant of, all that farm belonging to the said A. B., situate, &c., containing, &c., now in the occupation of, &c., with the appur tenances, for the term of one year, from the day of at the yearly rent of L.

and

so on from year to year, until the usual six months' notice to quit shall be given by either of the said parties to the other of them: the said letting and renting to be upon the terms and conditions following; that is to say;

The landlord to pay the land-tax.

The tenant to do all material repairs of buildings;
To pay the rent half-yearly;

To pay all rates and taxes except the land-tax; Not to break up or convert into tillage any meadow or pasture-land, under the penalty of twenty pounds an acre, and so in proportion for any greater or less quantity than an acre.

To manage the arable land in a good and husbandmanlike manner.

Not to underlet any part of the premises, without the consent of the said A. B., or the landlord for the time being.

Not to sell any hay, straw, stover, or stubble. Not to sow or set more than acres of the said premises with potatoes, carrots, cabbages, or any other vegetable, except turnips, which are always to be fed and not carried off.

To allow A. B.'s gamekeeper and bailiffs to come upon any part of the grounds hereby demised, at any time he or they may think proper, for the purpose of hunting, shooting, coursing, and killing of game.

To imbarn, stack, and lay upon the premises, and not elsewhere, all the hay, straw, and other produce thereof; and all the dung and manure arising therefrom to carry out and spread upon such parts of the premises as most require it.

The dung and manure arising from the crop of the