1

taking out, preparing for market and taking away the said minerals; to make and repair shafts, tunnels and drains therefor; to lay pipes for conveying water to and from any manufactory or other building; and to do such other things upon said premises as may be necessary for the purpose aforesaid, paying, however, any reasonable compensation for all damages done to said lessee by such use of the premises.

(6) Saving and reserving to the party of the first part, forever, all streams, creeks and runs of water, and all mines, minerals, ores and metals of every nature and kind, upon or within the farm hereby demised, standing, being or to be found, with full and free ingress, egress, regress and power and liberty at all times to search, dig and carry away the same, or to manufacture the same thereupon, and to make and erect mills, dams and other buildings therefor, and also to take and use all such timber, firewood, stone and other materials as may be found in any part of the said demised farm, proper and necessary for his or their use. But it is hereby provided that for so much of the said demised farm as shall by these means become encumbered, or rendered useless to the lessee, there shall be deducted out of the yearly rents herein reserved a reasonable abatement, in proportion to the whole quantity of the said hereby demised farm, during the time that any part may be so encumbered or rendered useless.

(2) To hold the premises hereby demised unto the lessees. as joint tenants, as part of their copartnership estate, from, etc.

1. See ante, vol. 5, § 4527.

5789. Reddenda.

(1) Yielding and paying therefor during the said term the yearly rent of — dollars, and so in proportion for any less

and the

time than a year, by two equal half-yearly payments on the day of in every year; the first of such half-yearly payments to be made on the ————

day of

day of

-, 19—, and the last half-yearly payment to be made in advance on the day of — next immediately preceding the expiration of the said term.

(2) Yielding and paying, etc., by equal quarterly payments on the day of, etc. (or on the four usual quarter days), in every year, the first of such payments to be made on the

day of

next.

1. Words, or a clause to this effect, are essential to enable the landlord to collect rent for a part of the period between two rent days. The words in this form are used in place of a special or more formal provision, such as the following:

And yielding and paying in the event of, and immediately upon, the said term being determined by re-entry under the proviso hereinafter contained, a proportionate part of the said rent for the fraction of the current half-year (or quarter) up to the day of such re-entry.

5790. Rent in advance.

Yielding and paying, etc., the yearly rent of

dollars, to

be paid in advance by four equal quarterly payments, the first of such payments for the quarter ending on the —

day of

next, to be made on the execution of these presents, and the subsequent payments to be made in advance for each quarter

5791. Term from month to month or week to week.

From the day of, 19-, from month to month (or from week to week), until one of the parties hereto shall give to the other one month's (or one week's) written notice to quit, such notice to expire on the

Saturday); at the rent of

day of any month (or on any dollars for every calendar month

(or week), to be paid at the end of every such month (or payable on the day of every month, or to be paid on Saturday

in each week) during the tenancy.

1. See ante, vol. 5, § 4586.

5792. Express lien clause.

The said lessor shall have a lien for the payment of the rent aforesaid upon all the goods, wares, chattels, implements, fix

tures, tools and other personal property of the said lessee which are or may be put on the said demised premises, and such lien may be enforced on the nonpayment of any of the rent aforesaid, by the taking and sale of such property in the same manner as in the case of chattel mortgages on default thereof; said sale to be made upon six days' notice, posted upon the demised premises, and served upon the party lessee, or left at said premises, or at his place of residence.

5793. To pay rent.

LESSEE'S COVENANTS.

And the lessee doth hereby for himself covenant with the lessor that he will, during said term, pay the said rent at the times and in the manner aforesaid.

1. See ante, vol. 5, ch. 136.

5794. To pay taxes and water rates.

And also will, from time to time, pay all taxes, water rates and assessments of every description which may be payable either by landlord or tenant in respect of said premises.

5795. To keep in repair.

And also will, during said term, keep and maintain the said premises and all fixtures and additions thereto in good and substantial repair and condition.

1. See ante, vol. 5, § 4565.

5796. Not to make any alterations or additions.

And also will not, at any time during the said term, without the lessor's written license first obtained, erect any new building thereon, or make any alteration or addition whatsoever in or to the buildings now on said premises, either externally or internally.

1. A proviso may be made as to any contemplated changes or alterations, as for instance:

Provided that it shall be lawful for the lessee to remove or dispose of any of the engines, machinery, buildings, erections or other things thereon, for the purpose of replacing or renewing the same.

2. See ante, vol. 5, § 4561.

5797. To submit plan of alterations.

That he and they will not make or suffer any alterations or additions in the demised premises without first having submitted the plan or a sufficient specification thereof to - of, or in case of his decease, absence or inability to act, to some skilled architect or mechanic named by the lessors or those having their estate, and having obtained his written opinion that the intended alterations or additions will not impair the strength or durability of the buildings, the services of said or other person to be paid for by the lessees.

5798. To obtain approval before making alterations.

And also before making any alterations in any of the buildings on said premises the lessee will obtain the lessor's written approval to the plans and specifications of such intended alterations, and will make the same in such manner as shall be so approved.

5799. To expend certain sum in improvements.

That he, the said lessee or his representatives or assigns will, within the first six months of the term hereby granted, lay out and expend the sum of dollars at least in substantial alterations, of a nature to improve the demised premises generally as a place of business, to be made in a workmanlike manner; the application of said sum to be from time to time inspected and approved by such proper persons as the lessors or those having their estate shall appoint to inspect the same; and also will when required render to the lessors or those having their estate an account and vouchers of said expenditures.

5800. Not to use premises for trade.

And also will not use the said premises, or permit the same to be used, for the purposes of any business, trade or manufacture of any description, or for any school or teaching of music, or for lodgings or for a boarding-house.

1. See ante, vol. 5, § 4562.

5801. To use as private dwelling-house only.

And also will use and occupy said premises as a private dwelling-house only and for no other purpose.

5802. To use as offices only.

And also will not use or occupy the said premises, or permit the same to be used or occupied, otherwise than as offices, or for any purpose or in any manner inconsistent with such occupation, nor so as to be a damage or annoyance to the occupants of other offices in the same building.

5803. Not to carry on offensive trade.

And also will not carry on or permit upon the said premises any offensive, noisy or dangerous trade, business, manufacture or occupation, or any nuisance, nor use, nor allow the same to be used, for any illegal or immoral purpose, but will use the same as a private dwelling-house, or for carrying on handicrafts or occupations of a quiet and inoffensive nature only.

5804. Not to assign or underlet without license.

Will not, without the lessor's previous written license, assign, underlet or part with the possession of the said premises or any part thereof.

1. See ante, vol. 5, § 4575.

5805. To consume hay, etc., on premises.

And also will consume all the hay, straw, fodder, turnips and other root crops on the premises, and will in every year carry out and spread at proper times and in`a husband-like manner, on the demised premises, all manure, muck and compost produced or prepared on said premises.

5806. To keep farm in good condition.

And will keep the said farmhouse and buildings, and all things in and about the same, and all fences, ditches, drains, fixtures and things upon or about the said farm and lands in good condition and complete repair, without any alteration except such as the lessor shall approve of.

5807. To cultivate farm properly.

And will cultivate, manure and manage the said farm and lands in a fair and proper manner, according to the most approved