to permit lessor to enter and view; notice; to insure against fire; in a husband-like manner upon the land or ground hereby demised, or on such part or parts thereof as shall stand most in need of manure, and will, at all times during the said term, crop, use, manage, and cultivate the land or ground hereby demised in a husband-like manner; Also, that the said [lessor], his heirs and assigns, shall be at liberty, with or without workmen or others, twice in every year during the said term, at all convenient times of the day, to enter into and upon the said demised premises, in order to view and examine the state and condition thereof, and in case the said [lessor], his heirs or as--to repair after signs, shall find any repairs wanting, and shall deliver to the said [lessee], his executors, administrators, or assigns, or leave upon the said demised premises, a list in writing thereof, requiring the same to be made good, then the said [lessee], his executors, administrators, or assigns, shall, within the space of one calendar month after the delivery of such list, make good the same accordingly; Also, that the said [lessee], his executors, administrators, or assigns, will, at his or their costs, forthwith insure, and henceforth during the said term keep insured, the buildings erected and to be erected upon the said demised premises, from loss by fire, in the office, or some other office or offices, to be approved of by the said [lessor], his heirs or assigns, in the joint names of the said [lessor], his heirs or assigns, and of the said [lessee], his executors, administrators, or assigns, and will, on effecting the said insurance, deposit the policy with the said [lessor], his heirs or assigns, and at his or their request produce to him or them the receipts for the premiums of assurance, (the monies arising from which assurance shall be laid out under the superintendence of the surveyor of the said [lessor], his heirs or assigns, in rebuilding or reinstating the said demised premises); Also, that the said [lessee], his executors, administrators, or assigns, will, in the last year of the said term, permit and suffer the said [lessor], his heirs or assigns, or the succeeding tenant, to enter, in the proper season, upon the said closes hereby demised, for the purpose of preparing the same, or any part thereof, for a crop, or of spreading manure thereon, or doing such other acts as shall be necessary or proper, according to the usual course of husbandry, in order that the said [lessor], his heirs or assigns, or such succeeding tenant, may derive the full benefit and advantage of the said land as from the expiration of the said term; to permit landlord or incoming tenant to enter within the last year; SURRENDER. Parties. RECITALS -of lease for life. TESTATUM. No. 7. SURRENDER by a Tenant for Life to the Reversioner in Fee. THIS INDENTURE, made the day of day of, in the year, BETWEEN [surrenderor], of &c., of the one part, and [surrenderee], of &c., of the other part. WHEREAS, by an indenture of feoffment, duly perfected by livery of seisin, bearing date the in the year and made between the said [surrenderee], of the one part, and the said [surrenderor], of the other part, the said [surrenderee] leased unto the said [surrenderor] the hereditaments hereinafter described, with their appurtenances, To hold unto the said [surrenderor] and his assigns for the term of his natural life. Now THIS INDENTURE WITNESSETH, that, in consideration of the sum of £ paid to the said [surrenderor], by the said [surrenderee], on the execution of these presents, the receipt whereof, as in full for the purchase of the estate for life of the said [surrenderor] in the hereditaments hereinafter described, he hereby acknowledges, The said [surrenderor] Hath surrendered and yielded up, and by these presents Doth surrender and yield up unto the said [surrenderee], All [parcels], Together with all the rights, members, and appurtenances thereunto belonging or All estate, &c. appertaining; And all the estate, right, title, possession, claim, and demand of the said [surrenderor], in, to, out of, or upon the said hereditaments and premises, with their appurtenances, TO THE INTENT (33) that the estate for life of the said [surrenderor] in the said hereditaments and premises may merge in Operative words. Parcels. Intent of surrender. Words of limitation, and habendum clause, informal in a surrender. (33) As a surrender destroys the estate upon which it operates, words of limitation, and consequently an habendum, would be out of place. So in a release, operating by way of extinguishment and not of enlargement, the habendum clause is properly omitted, and a clause declaratory of the intent of the instrument may be substituted. surrenderor, not incum assurance. the immediate reversion in fee-simple now vested in the said [surrenderee], and be thereby extinguished. And the said Covenants by [surrenderor], for himself, his heirs, executors, and administrators, hereby covenants with the said [surrenderee], his heirs and that he has assigns, that the said [surrenderor] has not, at any time or bered; times heretofore, done or permitted any act, matter, or thing, by which or by means of which the said hereditaments and premises hereby surrendered, or intended so to be, or any part thereof, with their appurtenances, are, is, shall, or may be aliened, incumbered, or prejudicially affected; And also that for further the said [surrenderor], and every person rightfully claiming or to claim any estate, right, title, or interest at law or in equity, through, under, or in trust for him, will, at any time or times, at the request and at the costs of the said [surrenderee], his heirs or assigns, do and execute every such act, deed, surrender, or assurance, for more effectually surrendering, confirming, or otherwise assuring the said estate for life in the said hereditaments and premises unto the said [surrenderee], his heirs or assigns, or according to his or their direction, as by the said [surrenderee], his heirs or assigns, or his or their counsel in the law; shall be reasonably advised or required, and as shall be tendered to be done or executed. IN WITNESS &c. No. 8. SURRENDER by a Termor for Years to a Reversioner day of RECITALS four Lord- BETWEEN [surrenderor], of &c., of the Parties. -not to use the premises otherwise than as a private re sidence; or underlet -to yield up possession at the end of the term. Also, that the said [lessee], his executors, administrators, or assigns, will not, during the said term, occupy, use, or employ the said demised premises, or any part thereof, or suffer the same to be occupied, used, or employed for any other purpose, or in any other manner, than as and for the residence of a pri-not to assign vate family. Also, that the said [lessee], his executors, admiwithout license; nistrators, or assigns, will not, during the said term, assign, demise, or otherwise dispose of or part with the possession of the said demised premises, or any part thereof, or do, commit, or suffer any act, matter, or thing, whereby the said premises, or any part thereof, shall or may be assigned, demised, or otherwise disposed of, or the possession thereof parted with, to any person or persons, for the whole or any part of the said term, without the license in writing of the said [lessor], his heirs or assigns, first obtained for every (23) such purpose; Also that the said [lessee], his executors, administrators, or assigns, will, at the expiration or other sooner determination of the said term, peaceably and quietly yield up unto the said [lessor], his heirs or assigns, the said demised premises, in good and tenantable repair and condition, together with the said fixtures and furniture. PROVIDED NEVERTHELESS, that if the said [lessee], his executors, administrators, or assigns, shall be desirous of determining this demise at the end of the first seven or fourteen years of the said term, and of such desire shall give to the said [lessor], his heirs or assigns, six calendar months' previous notice in writing, then (the rents and covenants hereinbefore reserved and contained being paid, observed, and performed) this demise shall determine accordingly. Provided also, that it shall be lawful for the said [lessee], his executors, administrators, or assigns, at any time or from time to time during the said term, to remove and convert to his or their own use, any erections, fixtures, or additions to be erected, fixed, or made by and at his or their costs, upon or to the said demised premises, for the purposes of agriculture, horticulture, pleasure, or ornament (24), Proviso enabling lessee to determine lease at the end of the first seven or fourteen years. Proviso enabling lessee to remove agricultural and other erections. Removal of ornamental structures. (23) See 4 Mann. & Ryl. 304, n. (24) Structures of this nature cannot be removed by the lessee, without express stipulation. See Buckland v. Butterfield, (2 Brod. & Bingh. 54; 4 B. Moore, 440), where it was held to be waste in the lessee for years of tenant for life to remove a conservatory erected by the lessee and attached to the dwelling-house. And see Avery v. Chesslyn, 5 Nev. & M. 372; Wansborough v. Maton, 4 Adolph. & E. 884. re-entry for non-payment performance of covenants. doing as little injury to the demised premises as may be, and making good such injury as shall unavoidably be done. PRO- Condition of VIDED ALSO, that if the said yearly rents hereby reserved, or either of them, or any part thereof respectively, shall be in of rent, or nonarrear (25) for the space of thirty days next after either of the days herein before appointed for payment thereof, or if default shall be made in the observance or performance of any of the covenants hereinbefore contained (26), then, in either case, it shall be lawful for the said [lessor], his heirs or assigns, to re-enter into the said demised premises, or any part thereof in the name of the whole, and to repossess and enjoy the same as in his or their former estate, and upon such entry the said term hereby granted shall determine. AND the said [lessor], for himself, his heirs, executors, administrators, and assigns, hereby covenants with the said [lessee], his executors, administrators, and assigns, that it shall be lawful for the said [lessee], his executors, administrators, and assigns, (he or they paying the said yearly rents hereby reserved, or such of them as shall be payable, and observing and performing the covenants herein before contained), peaceably and quietly to hold and enjoy the said hereby demised premises during the said term of years, without any eviction, interruption, or denial from or by the said [lessor], or any person or persons lawfully claiming or to claim through, under, or in trust for him. IN WITNESS &c. (25) Under a power to lease, requiring the insertion of a condition of re-entry on or for non-payment of the rent reserved, the tenant may be indulged with a reasonable period, as twenty-one days. (Smith v. Doe, in error, 2 Brod. & Bingh. 473; 5 B. Moore, 332; 3 Bligh's Parl. R. 290: Doe v. Wilson, 5 Barn. & Ald. 363). (26) The condition of re-entry for breach of any of the covenants, places the lessee, and all persons deriving title under him, in considerable jeopardy, as equity will not relieve against a re-entry for breach of some covenants, e. g. to repair or insure; yet such a condition is usual even in building and improving leases. If the demised premises become divided in point of ownership, the title of each proprietor will be dependent on the performance of the covenants by the other proprietors, over whom he cannot of course exercise any control. As to alterations by the tenant in the state of the premises, amounting to waste or not, see 1 Nev. & Man. 11. Covenant by lessor for quiet enjoyment. Condition of re-entry in leases under powers. Condition of |