any noisome or offensive trade, business, or occu That the lease pation. THAT the said lease shall also contain a shall contain a proviso for proviso for re-entry by the said A. B., his heirs re-entry, and a covenant for quiet enjoyment. or assigns, on non-payment of the said yearly rent of £, or any part thereof, for twenty-one days next after any of the said days on which the same, or any part thereof, shall become due, and whether the same shall have been legally demanded or not, or on the non-observance or non-performance of any of the covenants in the said lease to be contained, and on the part of the said C. D., his executors, administrators, or assigns, to be observed or performed. THAT the said lease shall contain a covenant, on the part of the said A. B., his heirs or assigns, that the said C. D., his executors, administrators, and assigns, may, on due payment by him and them of the said yearly rent to be reserved as aforesaid, and on the observance and performance of the covenants in the said lease to be contained, and on his and their part to be observed and performed, quietly enjoy the premises to be demised, without eviction or disturbance by the said A. B., his heirs or assigns, or any person lawfully claiming through or in trust for him or them. THAT the said C. D., his executors, ada counterpart. ministrators, or assigns, shall duly execute and deliver to the said A. B., his heirs or assigns, a counterpart of the said lease. THAT the said lease and counterpart shall be prepared by the solicitor of the said A. B., his heirs or assigns, That lessee shall execute That lease and counter part shall be prepared by the lessor's solicitor, and the expense and that the expenses of preparing and executing vided. this agreement and the said lease and counter- equally dipart, and all other incidental expenses, shall be paid by the said A. B., his heirs or assigns, and the said C. D., his executors, administrators, or assigns, in equal shares (a). LASTLY, THAT, until the execution of the said lease, the said premises shall be held by the said C. D., his executors, administrators, and assigns, at the rent aforesaid, and subject to the covenants and conditions to be contained in the said lease as aforesaid, so far as the rules of law will permit. IN WITNESS &c. (b). (a) In the absence of special stipulation, a lease is always prepared by the solicitor of the lessor, and at the expense of the lessee. Where, in an agreement for a lease, it was provided that the lease should be drawn, prepared, and executed at the sole expense of the lessor, it was held, that, in an action by the lessee on the agreement, it was not necessary to aver that a lease was tendered to the lessor for execution. (Price v. Williams, 1 Mee. & W. 6). (b) It will be observed, that all the covenants and conditions to be contained in the lease are specified in the agreement, because an agreement that the lease shall contain all usual covenants and conditions generally leads to disputes as to what are usual covenants and conditions. The method in the text is not free from risk; for, as the nature of each covenant and condition is only mentioned generally, disputes may arise as to its extent and form. The only safe way is to insert in the agreement all the covenants and conditions literally as they are to stand in the lease; but this makes the agreement so much longer, that it will be generally objected to. The method in the text is the next best. As to what are usual covenants, see 4 Martin's Conveyancing, 14 et seq. 96 Conveyances. Parties. Consideration. III. CONVEYANCE in FEE by a VENDOR seised in Fee, his WIFE releasing her DowER. THIS INDENTURE, made the - day of BETWEEN A. B., of &c. [vendor], and D. B. his wife, of the one part, and C. D., of &c., [purWitnesseth. chaser], a bachelor (a), of the other part, wITNESSETH, that, in consideration of the sum of £- to the said A. B. this day paid by the said C. D., for the purchase of the hereditaments intended to be hereby granted, (the receipt whereof the said A. B. doth hereby acknowledge), he the said A. B. doth hereby grant, and she the said D. B., for the purpose of releasing her right of dower, and with the concurrence of the said A. B1, doth hereby release, unto the said C. D., his heirs and assigns, ALL THOSE and hereditaments situate in the parish of Receipt. Operative words. Parcels. in the county of delineated in the plan in the margin of (a) To avoid future questions on the title, as to whether a purchaser was or was not married before the 1st of January, 1834, to a woman living at the time of his purchase, it is well to state the fact in the purchase-deed, by describing him as a bachelor or widower, or stating that he has been married since the 1st of January, 1834. words. these presents, and specified in the schedule hereunder written, TOGETHER with all commons, ways, General lights, sewers, watercourses, rights, privileges, easements, commodities, and appurtenances whatsoever, to the said hereditaments, or any part thereof, belonging or appertaining, or with the same or any part thereof now or heretofore held, used, or enjoyed, or reputed as part or member thereof, or appurtenant thereto (a), AND all the estate and interest of the said A. B. and D. B. in the said premises, and every part thereof, TO Habendum. HOLD the said premises UNTO the said C. D., his heirs and assigns, TO THE USE of the said C. D., his heirs and assigns. AND IT IS HEREBY DECLARED, that no widow of the said C. D. shall be entitled to dower out of the said premises. AND Covenants by THE SAID A. B. doth hereby, for himself, his right to heirs, executors, and administrators, covenant with from incumthe said C. D., his heirs and assigns, that, notwithstanding any thing by the said A. B., or any of his ancestors, done, or knowingly permitted or suffered, they the said A. B. and D. B. now have power to grant and release the said premises unto and to the use of the said C. D., his heirs and assigns, free from incumbrances (b); AND THAT he the said and for fur 66 (a) These general words should be varied by leaving out 'commons," "lights," &c., or the like, which may not be appropriate to the property conveyed, and adding other words (if any) which may be required. (b) The words "free from incumbrances" are governed by the restriction in the beginning of the covenant as to the F vendor, for convey, free brances; ther assurance. A. B. and his heirs, and all other persons lawfully or equitably claiming through or in trust for him, or any of his ancestors, will, at all times, at the cost of the said C. D., his heirs or assigns, do and execute all such acts and assurances, for further or better assuring all or any of the said premises to the use of the said C. D., his heirs and assigns, as by him or them shall be reasonably required. IN WITNESS &c. (a). THE SCHEDULE to which the above-written INDENTURE refers. Parties. Witnesseth. Consideration. IV. CONVEYANCE by a MARRIED WOMAN seised in THIS INDENTURE, made &c., BETWEEN A. acts and deeds of A. B. and his ancestors, so that it is unnecessary further to qualify them. (a) This deed will have to be acknowledged by the ven dor's wife. |