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cutors, administrators, and assigns, and his and their goods, chattels, and effects, of, from, and against the payment of all or any rates, taxes, dues, charges, and assessments whatsoever, which now are, or which shall or may during the said term of years be rated, charged, imposed, or assessed on the said demised premises, or any part thereof.
And also, that it shall and may be lawful to and Tenant to for the said C. D., his executors, administrators, and remove fix • assigns, at the end of the said term, to take down, het
tures put up
by him. remove, and carry away all such shelves, doors, partitions, fastenings, or other erections, amendments, or improvements, which he or they shall or may during the said term of years have affixed or set up, in, to, or upon the said premises, or any part thereof, doing no material damage to the said premises.
And the said C. D. doth hereby covenant, pro- Tenant mise, and agree, to and with the said A. B., his exe- agrees to cutors, administrators, and assigns, that the said take. C. D. shall and will take the said warehouse and premises, and become tenant thereof for the said term of years from
next ensuing; and also that he, the said C. D., his executors, admini. strators, and assigns, shall and will, during all the said term, well and truly pay, or cause to be paid, to the said A. B., his executors, administrators, or assigns, the clear yearly rent or sum of L. of lawful, &c., by even and equal half-yearly payments, the first payment thereof to be made on the · day of now next ensuing.
And also shall and will, at the end of the said And also to term of years, hereby granted, peaceably and Yield up. quietly leave, surrender, and yield up to the said A. B., his executors, administrators, or assigns, the said warehouse, &c., in tenantable repair, together with all and singular the fixtures mentioned in the said schedule, in as good condition as the same now are, (reasonable use and wear thereof, and casualties
by fire, or any other inevitable accidents in the meantime, only excepted.)
And also shall and will, in the meantime, save harmless and keep indemnified him, the said A. B., of and from all damages whatsoever, and all costs and expenses occasioned thereby, which can or may arise to any part of the said premises of the said A. B., by reason of such use, occupation, ingress, egress, or regress of him, the said C. D., his servants, or others hereinbefore mentioned.
In witness, &c.
AGREEMENT FOR A LEASE OF A HOUSE (UNDER
CONDITIONS OF SALE.)
Power to lease.
Memorandum of an agreement made, &c.,
between, &c. Whereas the messuage or tenement, garden, and
premises hereinafter mentioned, were this day offered Let by public to be let by public auction to the highest bidder, at, auction.
&c., on, &c., pursuant to advertisement for that purpose published, &c., in and under certain printed conditions then and there exhibited ; and whereas the said [lessee] having offered at the said auction the sum of L. per annum, as a rent for the said messuage or tenement, garden, and premises, he was declared to be the highest bidder for the same. Now these presents witness, that in consideration of the agreement bereinafter expressed on the part of the said [lessee,] his heirs, executors, administrators, and assigns, to be performed, the said (lessor,] for him. self, his heirs, executors, and administrators, and for the granting and demising, and entering into the covenant for the quiet possession of the said capital messuage or tenement, ground, and premises, hereinafter mentioned, doth promise and agree with and to the said [lessee,] bis executors, administrators, and assigns, by these presents, in manner following, (that is to say:) That he, the said (lessor,] or his assigns,
shall and will, on or before the of next, at the request, costs, and charges of the said [lessee,] his executors, administrators, or assigns, grant and Agreement execute unto the said slessee, 7 his executors, ad- to grant a
lease. ministrators, and assigns, a good and sufficient demise or lease of all that capital messuage, &c., for a term of, &c., to commence from the, &c., at and under the clear yearly rent of L. to be reserved in the said lease, and payable quarterly on the four feast days usually appointed for payment of rent in the year, free from the land-tax, and all other taxes that shall or may be assessed during the term hereby agreed to be granted, the first quarterly payment of which said rent to be made on, &c., now next ensuing.
And also, that in the deed or indenture by which For quiet the said mansion-house, land, and premises, shall be enjoyment. demised, the [lessor] shall and will covenant and promise in the usual manner for the quiet enjoyment of the same premises during the said term of And in consideration of the agreement hereinbefore expressed on the part of the said [lessor,] the said (lessee,] for himself, his heirs, executors, and administrators, doth promise and agree with and to the said (lessor,] and his assigns, by these presents, in manner following ; (that is to say,) That the said Counter(lessee,] his executors, administrators, or assigns, part. shall and will accept the said lease, and execute a couriterpart thereof, and in which said indentures shall be contained the following covenants ; (that is to say,) That, &c. [Add such clauses as may be required.] Io witness, &c.
Observations on Agreements for Leases. A landlord has no right to distrain for rent, unless Landlord's there be an actual demise at a specific rent. (Hegan die V. Johnson, 2 Taunt. 148. Dunk v. Hunter, 5 B.
right of distress.
and A. 321.)
If under a mere agreement for a lease at a certain rent, the tenant is let into possession before the lease is executed, the lessor cannot distrain during the first year, for there is in that case no actual demise, either express or implied. (Hegan v. Johnson, ubi suprâ.) The mere act of taking possession under an agreement renders the party tenant at will; and while that relation subsists no distress can be made; but an action on a quantum valebat may be maintained; but as soon as rent is paid under the agreement, the occupier becomes tenant under an implied demise from year to year, according to the provisions of that agreement, and continues so until an actual lease is executed. (Hammerton v. Steed, 3 B. and
When an instrument should be construed a lease or agreement.
Mode of preparing executory agreements.
Whether an instrument shall be construed as a lease, or only an agreement for a lease, depends on the intention of the parties, as it is to be collected from the whole instrument. Although there be words of present demise, if it appear that the intent of the parties was to give a future lease, it shall be considered as an agreement only. (Morgan v. Bissell, 3 Taunt. 65. Doe v. Ashburner, 5 T. R. 163. Hammerton v. Steed, ubi suprâ.) And, è converso, words importing an intention of future completion may by the context work a present demise. (Barry v. Nugent, 5 T. R. 165.)
It seems that the best course to be pursued in preparing executory agreements for leases, when the torm is to exceed three years, is to add a provision, that in the meantime, until a lease shall be executed in pursuance thereof, the tenant shall enter and occupy from a certain day, as tenant from year to year, and under the rents, covenants, and agreements sti. pulated to be inserted in the lease; but the agree. ment must not be under seal, for in that case it will require a deed-stamp. (Clayton v. Burtenshaw, 5 Barn. and Cress. 41; Robinson v. Dryborough, 6 T. R. 317.)
An Agreement for building a House.
Memorandum, that on this day of, &c., it is Parties. agreed between A. B., of, &c., and C. D., of, &c., in manner and form following. The said C. D., for the considerations hereinafter mentioned, doth for himself, his heirs, executors, and administrators, covenant and agree with the said A. B., his executors, administrators, and assigns, that he, the said C. D., or his assigns, shall and will, within the space of next after the date hereof, in a good and workmanlike manner, and according to the best of his knowledge and skill, well and substantially erect, build, and finish at
a house or messuage, according to the plan hereunto annexed, of the dimensions following, viz. : and erect the same with such stone or brick, timber, and other materials, as the said A. B. or his assigns shall find and provide for such purpose: In consideration whereof, the said A. B. doth Considerafor himself, his executors and administrators, covenant tion. with the said C. D., bis executors, administrators, and assigns, well and truly to pay unto the said C. D., his executors, administrators, or assigns, the sum of L. of lawful money of Great Britain, in manner following; (that is to say,) L. part thereof at the beginning of the said work; L. more, another part thereof, when the said work shall be half done; and the remaining L. in full for the said work, when the same shall be completely finished ; and also that he, the said A. B., his executors, administrators, or assigns, shall and will, at his and their own proper expense, find and provide all the stone, brick, tile, timber, and other materials necessary for making and building of the said house. And for the true performance of all and every the Penal clause. articles, clauses, and agreements above inentioned, the said A. B. and C. D. do hereby bind themselves, their executors, administrators, and assigns, each to