X.

LEASE by an INFANT and his GUARDIAN (a).

THIS INDENTURE made the

Parties.

18—, BETWEEN A. B., of

Testatum.

Parcels.

day of (guardian of the an infant) of the first part, the said C. D. of the second part, and E. F., of [lessee] of the third part; WITNESSETH that in consideration of the rent hereby reserved and the covenants hereinafter contained, and on the part of the said E. F., his executors, administrators and assigns, to be paid, observed and performed, HE the said A. B. as such guardian as aforesaid DOTH hereby demise, and the said C. D. DOTH hereby demise and confirm unto the said E. F., his executors, administrators and assigns, ALL that [here describe the premises, with their appurtenances, &c. See ante, p. 49].

person and estate of C. D., of

EXCEPT NEVERTHELESS out of this demise unto the said C. D. his heirs and assigns [here add exceptions or reservations, if any. See ante, p. 93].

(a) See another form in Davidson's Prec., vol. v., pt. 1, p. 234.

The right of a guardian to grant a lease of his ward's estate is somewhat doubtful. See Bidell v. Constable, Vaugh. 179, and Roe d. Parry v. Hodgson, 2 Wils. 129, 135. By the 40 & 41 Vict. c. 18, s. 49 (Settled Estates Act), all powers given by the act may be exercised by guardians on behalf of infants, but it is doubtful whether such powers are applicable to the case of an infant seised in fee in his own right. See Davidson's Prec., vol. v., pt. 1.

dum.

TO HOLD the said premises [except as aforesaid] Habenunto the said E. F., his executors, administrators and assigns, for the term of years from the day of 18—, YIELDING AND PAYING Reddentherefor during the said term the clear yearly rent of £, by equal [see reddendum, ante, p. 50].

his

dum.

covenants.

AND the said E. F. doth hereby for himself, his Lessee's heirs, executors, administrators and assigns, covenant with the said A. B., and also as a separate covenant with the said C. D., his heirs and assigns, that he the said E. F., his executors, administrators or assigns, will during the said term pay the said yearly rent unto the said C. D., heirs or assigns, or his guardian for the time being; AND ALSO [add covenants for payment of taxes, to repair, and to permit the said C. D., 01 his guardian to enter and view state of repair and other necessary covenants, ante, pp. 52 and 53; all acts to be done by permission, to be by the permission of the said C. D., his heirs or assigns, or his guardian for the time being].

AND the said A. B., for himself as such guar- Lessor's dian as aforesaid, and for the said C. D., and the covenants, said C. D. for himself, his heirs, executors, administrators and assigns, so far as he lawfully can do, hereby covenants [add covenant for quiet enjoyment, ante, p. 61].

IN WITNESS, &c.

A.

M

Parties.

Parcels.

XI.

A LEASE pursuant to 8 & 9 VICT. c. 124 (a).

THIS INDENTURE made the -— - day of 18- (in pursuance of an Act to facilitate the granting of certain leases), BETWEEN A. B., of &c. [lessor], of the one part, and C. D., of &c. [lessee], Testatum. of the other part, WITNESSETH, that the said A. B. DOTH demise unto the said C. D., his executors, administrators and assigns, ALL, &c. [ parcels, and exceptions, if any], FROM the day of, 18-, for the term of years thence ensuing, YIELDING therefor during the said term the rent of £—— [state rent and mode of payment, e. g. as in Covenants p. 50]. AND THAT the said C. D. covenants with by lessor the said A. B. to pay rent, AND to pay taxes, AND to repair, AND to paint outside every AND to paint and paper inside every AND to insure from fire in the joint names of the

Reddendum.

and lessee.

Lease by statute.

(a) See the statute, post, Part VIII.

year,

year,

Leases are seldom prepared in pursuance of this act, as the advantages gained by brevity are more than counterbalanced by the disadvantages of having to refer to an act of parliament every time a landlord or tenant desires to know what are the terms of the lease. The act may be applied to any lease, if it be stated to be made in pursuance of the act, but the exact words of column 1 of the second schedule must be used, otherwise the covenant must express what is really intended.

See the act itself, post, Part VIII., and the directions contained in the second schedule.

said A. B. and the said C. D., to show receipts, AND to rebuild in case of fire, AND that the said A. B. may enter and view state of repair, AND that the said C. D. will repair according to notice; THAT the said C. D. will not use the premises as a shop, AND will not assign without leave, AND that he will leave premises in good repair (b): Proviso for reentry by the said A. B. on nonpayment of rent or non-performance of covenants. The said A. B. covenants with the said C. D. for quiet enjoyment. &c.

IN WITNESS,

(b) If the lessor covenants to insure, the words "damage by fire excepted" should be inserted in the covenants to repair, and the clause as to payment of rent should be limited while the house is rebuilding or for a reasonable time. See post, p. 185. The lessor should also covenant to rebuild in case of fire. See ante, p. 55.

Parties.

Copyholds cannot, in the absence of custom, be leased

for a longer period than

a year, without licence of the lord. Steward

has no power to

confer a licence.

Lord cannot be

compelled

to grant a licence.

Memorandum of grant. Terms of licence should be strictly pursued.

XII.

LEASE of COPYHOLD PREMISES with the LICENCE of the LORD (a).

THIS INDENTURE made the

day of

a.d. 18—, BETWEEN A. B., of &c. [lessor], of the

(a) Copyhold estates cannot, in the absence of a special custom, be leased for more than a year without the licence of the lord`; and a lease by a copyholder exceeding that period, without such licence, will incur a forfeiture of his estate. Wells v. Partridge, Cro. Eliz. 469. The licence to lease must be granted by the lord himself, the steward having no authority, in the absence of a special custom, to confer a power of this nature. But notwithstanding that a lease exceeding one year is void as against the lord, it is binding as between the lessor and lessee. Doe d. Tresidder v. Tresidder, 10 L. J., Q. B. 160.

There are probably exceptions in some manors. See 1 Scriv. 457.

The granting of a licence is arbitrary with the lord, and a mandamus will not lie to compel him to do so. Reg. v. Hale, 9 Ad. & Ell. 339.

When the licence is granted, a memorandum of such grant should be entered on the court rolls.

The terms of the licence ought to be strictly followed, for, under a licence to lease from a day past, a copyholder cannot make a lease to commence from a future day. Jackson v. Neal, Cro. Eliz. 395. Yet he is not bound to grant for the exact term specified in the licence, and may therefore lease for a shorter period (Goodwin v. Longhurst, Cro. Eliz. 535; Worledge v. Benbury, Cro. Jac. 436); but he must not exceed it. Where a condition precedent is annexed to a licence, the performance of the condition is essential to the validity of the grant (ib.); but a condition subsequent has a different operation. Ib.; and see 1 Platt, Leases, 109.