Unless indeed it appears from the instrument, that it is only preparatory to a future lease.

In leases it is common to insert a clause of re-entry for non-payment of the rent, but such re-entry to be good in law is attended with much difficulty: thus

There must be a demand of the rent. It must be made on the day when the rent is payable, to save the forfeiture, and for the precise sum due. It must be made on the land, and at the most notorious place on it, unless it is otherwise ordered in the lease, and a convenient time befor sun set.

T

A Lease of a House.

day of

HIS indenture made this between A B of, &c. of the one part and C D of, &c. of the other part, witnesseth, that the said A B for and in consideration of the rent, covenants and agreements hereafter in and by these presents mentioned, reserved and contained on the part and behalf of the said C D, his executors, administrators and assigns, to be paid, observed, done and performed, hath granted, demised, leased, set and to farm let, and by these presents, doth grant, lease, set and to farm let unto the said C D, his executors, administrators and assigns, all that brick house, messuage or tenement, with all and singular its appurtenances, situate, standing and being in a certain street or place, called, &c. together with all and singular the appurtenances whatsoever to the said brick house, messuage or tenement and premises belonging or in any wise appertaining, and therewith heretofore held, used, occupied and enjoyed by

late occu

pier thereof. To have and to hold the said brick house, messuage or tenement, and all and singular other the premises herein before granted and demised,or mentioned or intended so to be, with the appurtenances unto the said C D, his executors, administrators and assigns, from the -day of next ensuing the day of the date of these presents, for and during, and until the full end and term of- from thence next ensuing and fully to Reservation be complete and ended; yielding and paying of rent. therefor, yearly and every year, during the said term unto the said A B his heirs or assigns the yearly rent of day of - in every year; the first

on the

entry.

Clause of re- payment thereof to begin and to be made, &c. next ensuing the date of these presents. Provided always nevertheless, and it is the true inent and meaning of these presents, and of the said parties hereunto, that if it shali happen that the said yearly rent of hereby reserved, or any part thereof, be behind and unpaid by the space of next over or after any of the said days, whereon the same ought to be paid as aforesaid that then and from thenceforth, it shall and may be lawful to and for the said A B, his, &c. into and upon the said demised premises, and every or any part or parcel thereof, with their appurtenances, in the name of the whole, to re-enter, and the same to have again, re-possess and enjoy, as in his or their first or former estate or estates; and him the said C D, his executors, administrators and assigns, and all and every other the occupier or occupiers of the said demised premises, from thence utterly to expel, remove and put out; any thing in these presents contained to the contrary thereof in any wise notCov. to keep withstanding. And the said CD &c. [Here inin repair. sert a covenant for payment of rent, as in the next lease.] And that the said C D, his executors, administrators and assigns, shall and will from time to time, and all times hereafter, during the said term before granted, at his and their own proper costs and charges, well and sufficiently keep in repair, the said demised premises, with their and every of their appurtenances, and also the glass windows, pavements, privies, sinks and gutters, belonging to the same, in, by and with all manner of needful and necessary reparations and amendments whatsoever, when and as often as the same shall require (damages by fire only excepted) and the same premises with all and singular their appurtenanTo yield up ces, being in and by all things so well and sufficiently repaired and kept, (except as before excepted) at the end, expiration or other sooner determination of the said term hereby granted, shall and will quietly and peaceably leave, surrender and yield up unto the said A B his, &c. in good and sufficient repair and condition (reasonable use and wearing thereof, and damage by fire as aforesaid, only excepted :) that he the said C To pay the D, his executors, administrators and assigns, taxes. shall and will from time to time, and at all times

herein

hereafter, during the said term hereby granted, pay and discharge all taxes, charges and impositions which shall be taxed, charged, imposed or assessed upon the said messuage or tenement, or premises, or any part thereof. And the said A B for himself, &c. [Here insert covenant for a quiet enjoyment.] In witness, &c.

A Building Lease.

HIS indenture made the

ΤΗ

day of

between

A B of, &c. of the one part, and C D of, &c. of the other part, witnesseth, that the said A B, for and in consideration of the rent, covenants and agreements herein after mentioned and reserved, on the part and behalf of the said C D, to be paid, done and performed, hath granted, demised, leased, set and to farm letten, and by these presents doth grant, demise, lease, set and to farm let unto the said C D, his executors, administrators and assigns, all that piece or parcel of ground, containing in length feet, and in breadth feet, or thereabouts, lying and being in or near, &c. To have and to hold the said piece or parcel of ground above mentioned, unto the said CD, his executors, administrators and assigns, from for and during the full end and term of from thence next ensuing, and fully to be complete and ended, yielding and paying therefor, yearly and every year during the said term, unto the said A B, his heirs or assigns, the yearly rent or sum of the first payment thereof to begin and be made at or upon next ensuing the date of these presents. Provided always, nevertheless, clause of and it is the true intent and meaning of these presents, and of the parties hereunto, that if it shall happen that the said yearly rent of hereby reserved, or any part thereof, be behind or unpaid, by the space of - days next over or after the day whereon the same ought to be paid as aforesaid that then and from thenceforth it shall and may be lawful to and for the said A B, his executors, administrators or assigns, into and upon the said demised premises, or into any part or parcel thereof, in the name of the whole, to enter, and the same premises to have again, repossess and enjoy, as in his or their first and former estate and estates, and him, the said C D, his executors,

L

re-entry.

administrators, or assigns, and all and every other the Occupiers or possessors of the said demised premises, from thence utterly to expel, remove, and put out; any thing in these presents contained to the contrary thereof in any wise notwithstanding.

Cov. to pay

And the said C D, for himself, his heirs, exthe rent. ecutors and administrators, doth covenant, grant and agree to and with the said A B, his heirs and assigns, that he the said C D, his executors, administrators or assigns, shall well and truly pay or cause to be paid unto the said C D, his heirs or assigns the aforesaid yearly rent of at the days and times and in such manner and form as herein before is limited and appointed for the payment thereof, according to the true intent and meaning of these presents, clear of and over and above all taxes and reprizes whatsoever.

house.

To build a And that he the said C D, his executors, administrators or assigns shall and will on or before the day of next ensuing the date hereof, at his or their own proper costs and charges in all things, make, erect, set up and finish, or cause or procure to be made, erected, set up and finished, upon the said piece. or parcel of ground herein before mentioned and demised, one good and substantial house of brick, of three stories high, besides the garrets, the lower story whereof to be ten feet high at the least, the next story over that to be likewise ten feet high at the least, the third story to be, eight feet high at least, and the garrets to be six feet high at the least; and shall and will make, or cause to be made to every room thereof (the garrets excepted) two handsome sash windows of good carpenter's or joiner's work, each of them six feet high, and four feet broad at the least and shall and will well and sufficiently sash and glaze the same with good crown glass, and shall and will ceil all the floors over head with lime and hair, without any loam, and make convenient dormer windows to all the garrets; and shall and will make convenient doors, with hooks, hinges, locks and keys to all the rooms of the said building, and Hoor with inch boards all the floors, and nail them with eight penny nails; and make convenient chimnies with brick, lime and sand, and free stone hearths, and one con venient cellar throughout all the said building, to be par

ed with brick, and a vault of brick for a privy; and shall pave with stone the street on both sides the said building.And that he the said C D, his executors, administrators or assigns, shall and will To repair and to give up. from time to time, and at all times during the said term of years, well and sufficiently repair, uphold, support, maintain, sustain, amend, and keep the said building and tenement so erected and finished, in, by and with all manner of needful and necessary reparations whatsocver; and the same being in and by all things so well and sufficiently repaired, upheld and kept in good and sufficient repair, shall and will, at the end or other sooner determination of the said term of hereby granted, peaceably and quietly leave, surrender and yield up unto the said A B, his heirs or assigns together with all and every the doors, window shutters, locks, keys, bolts, staples, latches, hooks, hinges, wainscots, cisterns, pipes, pumps, conduits, dressers, tables, shelves, hearths, grates, stoves, chimnies, chimney-pieces, sashes and glasses, of and be longing to the same.

And the said C D doth hereby further cov- Not to use house as a tavern, &c. enant, grant and agree, that neither he the said C D, his executors or administrators, nor any other person or persons, on his or their account, shall or will at any time during the said term hereby granted, sell or retail any beer, ale or other liquors whatsoever, nor keep any victualling or other such public house of entertainment, within the said building or tenement so to be erected as aforesaid, nor use, permit or suffer the trade of a tallow chandler, or other such like offensive trade to be carried on therein, without the license of the said A B, his heirs or assigns first had and obtained in writing.

day of

Clause of reentry if he

does.

aforesaid, at

Provided also nevertheless, and it is further covenanted and agreed by and between the said parties to these presents that if the said C D, his &c. do not before the his and their own proper costs and charges, make, erect, set up and finish the said house, building or tenement, in all things as the said C D hath before covenanted and agreed to do, or if the said C D,his executors, administrators or assigns, shall use such building or tenement when erected, or permit the same to be used as an inn,