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money expended in repairs, if lease

be determined by him.

years of the said term, these presents, and the said term hereby created, shall cease, determine, and be utterly void, to all intents and purposes whatsoever, any thing herein contained to the contrary notwithstanding. Provided also, and it is hereby further agreed and declared between and by the said parties hereto, that if the said [lessor,] his heirs or assigns, shall determine the said term, under the authority of the last-mentioned proviso or agreement, then, and in such case, he, the said [lessor,] his heirs or assigns, shall and will thereupon well and truly Lessor to pay pay, or cause to be paid, unto the said [lessee,] his executors, administrators, or assigns, any sum or sums of money, not exceeding the sum of L. which he, the said [lessee,] his executors, administrators, or assigns, shall have actually laid out and expended in erecting buildings upon the said demised lands and premises, or which he hath already laid out or expended, or shall lay out or expend, during the first five years of the said term, in repairs, new fencing, draining, and other improvements upon the said demised lands and premises, over and besides the said sum of L.500 hereinbefore covenanted and agreed to be paid by the said [lessor] to the said [lessee,] on account of such buildings and improvements; such sum or sums of money to be settled by two indifferent persons, one of them to be named by the said [lessor,] his heirs or assigns, [or such other person or persons as aforesaid,] and the other of them to be named by the [lessee,] his exe cutors, administrators, or assigns, or, in case of disagreement, by a third person to be named by them as umpire.

Proviso to reenter in case

of non-pay

Provided always, nevertheless, and these presents are upon this condition, that if the said respective ment of rent, yearly rents hereby reserved, or any of them, or any part thereof, shall be behind or unpaid by the space of twenty-eight days next after either of the said days or times of payment whereon the same ought to be paid as aforesaid, (being first lawfully de

and no distress, &c.

manded,) and no sufficient distress or distresses can or may be found and legally taken in or upon the said demised premises whereon to levy the same; or if the said [lessee,] his executors or administrators, shall demise, set, let, assign, lease, or part with the possession of the said demised premises, or any part or parts thereof, other than except the cottages or tenements already erected and built, or hereafter to be erected and built, by the said [lessee] on the said demised premises, to any person or persons whomsoever, for any term or time whatsoever, without the licence and consent in writing of the said A. B. or his assigns, or the person or persons who for the time being shall or may be entitled as aforesaid, under his or their hand or hands, for that purpose first had and obtained, or if the said [lessee,] his executors and administrators, do not in all things well and truly observe, perform, fulfil, and keep all and every the covenants, clauses, provisos, and agreements herein contained, on his and their part and behalf to be paid, kept, done, and performed; that then, and in any or either of the said cases, it shall and may be lawful to and for the said A. B. and his assigns, [and such other person or persons as aforesaid,] into and upon all and every the said demised premises, or any part thereof, in the name of the whole to re-enter, and the same again to have, hold, repossess, and enjoy, as in his or their former estate and right, and then and from thenceforth the said term hereby granted shall cease and determine, and be utterly void to all intents and purposes, any thing herein contained to the contrary thereof in anywise notwithstanding.

non-payment

Provided always, and these presents are on the Proviso for condition, that if the said yearly rent or sum of re-entry: L. of such lawful money as aforesaid, herein- of rent. before reserved, or any part thereof, shall be in arrear and unpaid for the space of

days next after any of the said days appointed for the payment thereof: or,

On assigning, &c., without

licence.

On neglect to insure against

fire.

On bank

ruptcy, insolvency, &c.

On commis

If the said C. D., his executors or administrators, shall, without the consent in writing of the said A. B., his heirs or assigns, assign, set over, underlet, or otherwise part with the said premises, or any part thereof: or,

If the said C. D., his executors, administrators, or assigns, or any of them, shall neglect or omit to effect such insurance of the said premises as aforesaid: or,

If the said C. D. shall commit any act of bankruptcy under any of the statutes now in force relative to bankrupts, so as that a fiat shall be awarded and issued thereupon, or shall take the benefit of the acts now in force relative to insolvent debtors, or shall make any compromise with his creditors for less than twenty shillings in the pound, or shall suffer the said lease to be taken in execution under any writ of execution issuing out of any court of record in Great Britain, Ireland, or Wales: or,

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If the said C. D., his executors, administrators, or sion of waste. assigns, shall commit, or permit and suffer any spoil, destruction, decay, or waste, in or about the said demised premises, or any part thereof, to the value or amount of L. in any one year, and shall not effectually amend, repair, or make satisfaction for the same, within one calendar month next after notice thereof in writing, given to him or them for that purpose, under the hand of the said A. B., his heirs or assigns: or,

On breach of any covenant.

If the said C. D., his executors, administrators, or assigns, shall neglect or fail to perform, or be guilty of any breach, non-performance, or non-observance of of the covenants, clauses, provisos, and agreements, by him or them to be observed, kept, and performed, according to the true intent and meaning of the same respectively:

any

Then, and in every or any of such cases, it shall be lawful for the said A. B., his heirs and assigns, in and upon the said premises hereby demised, and every part thereof, to enter and to hold the same

free and discharged of and from the said term hereby demised, and of and from all and every the covenants, obligations, provisos, and agreements hereinbefore contained.

term.

Provided always, and it is hereby agreed and de- Proviso for clared between and by the parties to these presents, the cessor of a that when the trusts hereinbefore declared of and concerning the said term of years shall be fully performed and satisfied, or shall become unnecessary or incapable of taking effect, and all costs and charges of the said [trustees,] and each of them, and their, and each of their executors, administrators, and assigns, attending the same, (if any,) shall be fully paid off and discharged, then, and in such case, and immediately thereupon, the said term of

years

shall subject, and without prejudice to any disposition which shall have been made of the premises comprised therein for the purpose aforesaid, absolutely cease, determine, and be void.

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the repur

And this indenture further witnesseth, and the Provision for said [annuitant] doth hereby, for himself, his execu- chase of an tors, administrators, and assigns, covenant, promise, annuity. and agree with and to the said [grantor,] his executors, administrators, and assigns, (or) [provided always, &c.,] that, in case the said [grantor,] his executors, administrators, or assigns, shall at any time hereafter be minded or desirous of repurchasing the said annuity, yearly rent, or sum of L. and of such their or his intention shall give notice in writing unto the said [annuitant,] his executors, administrators, or assigns, that then, and in that case, he, the said [annuitant,] his executors, administrators, or assigns, shall and will, at the end of three calendar months from the day on which such notice shall be given as aforesaid, on receiving of and from the said [grantor,] his heirs, executors, administrators, or assigns, all sum and sums of money whatsoever which shall be then due for, or on account of, the arrears of the said annuity, yearly rent, or sum of , up to the day of repurchasing the same, and

L.

all the sum and sums of money which shall then be due for, and on account of, any costs, charges, or expenses, incurred by the non-payment of the said annuity, accept and take for the repurchase thereof the sum of L. : And the said [annuitant,] his executors, administrators, or assigns, shall and will thereupon, at the costs and charges of the person or persons requiring the same, release, assign, or otherwise dispose of the said annuity, yearly rent, or sum of L. which shall be so redeemed or repurchased, and the said [manors, hereditaments,] and premises, and all other securities for the same, unto such person or persons as he or they shall in that behalf nominate and appoint, and acknowledge, or cause to be acknowledged, satisfaction on the record of the said judgment that shall be entered up on the said warrant of attorney as aforesaid, and do every other act and deed or thing necessary or advisable for the avoiding, releasing, assigning, vacating, and discharging as well the said annuity, yearly rent, or sum of L. as the several securities given for the payment of the same as aforesaid, as by the said [grantor,] his executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably advised, devised, and required.

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From one per

tenants.

COVENANTS.

And [each of them] the said

doth for himson or joint self, his heirs, executors, and administrators, grant, covenant, promise, and agree, to and with the said his heirs and assigns, by these presents, in manner following; (that is to say,)

Tenants in common.

And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, and for the

d Where the covenants affect personalty, as in conveyance of leaseholds, or for payment of mortgage-money, the words executors and administrators must be inserted for heirs, with respect to the covenantee,

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