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Leases.

36. Leases of land under the Act for a life or lives, or for any term exceeding three years, must he made in the form prescribed by the Act.

37. The name, residence, and trade or calling of the lessor, the nature of the estate or interest held by him in the land intended to he leased, and a description of the land in manner directed in paragraphs 10 and 25, must be set forth in the form of lease; also the name, residence, and trade or calling of the lessee, the term of years, the amount of rent, and dates on which it is to be paid. If right to purchase be granted, or agreement to purchase be covenanted, the amount of the agreed purchase-money, and the period within which the right may be exercised, should be stated.

38. Covenants for quiet enjoyment, for further assurauce, for right of entry by the lessor to view the state of repair, for re-entry and resumption of possession by the lessor in case of rent being in arrear for six calendar months, or in case of default in the fulfilment of any covenant by the lessee, continued for six calendar months, or in case of necessary repairs not being completed within reasonable time after requirement in writing to that effect served on the lessee; as also covenants on the part of the lessee for punctual payment of rent, for payment of rates and taxes during the continuance of the lease, and for keeping and yielding up the demised premises in good and tenantable repair, are declared to be implied in leases under the Land Transfer Act, unless barred or modified by express words introduced into the, form of lease. There is therefore no occasion for encumbering the instrument with these details.

39. As regards other covenants, prolixity and verbiage may be avoided by the use of certain brief forms of words, to which specific signification is given in the Act. Thus, a covenant for insurance against loss by fire may be introduced by using the four words, "That he will insure;" the law declaring that whenever these words are introduced, the lessee will be bound "to insure, and so long as the term expressed in the said lease shall not have expired, to keep insured, in some public insurance office, to be page 23 approved by successor, againat loss or damage by fire to the full amount specified if no amount be specified then to their full value, all buildings, tenements, or premises erected on such land, which shall be of a nature or kind capable of being insured against loss or damage by fire; and that he will, at the request of the lessor, band over to and deposit with him the policy of every such insurance, and produce to him the receipt or receipts for the annual or Other premiums payable on account thereof: Provided always that all moneys to be received under or by virtue of any such insurance shall, in the event of loss or damage by fire, be laid out and expended in making good such loss or damage; provided also that if default shall be made in the observance or performance of the covenant last above mentioned, it shall be lawful for the lessor, without prejudice, nevertheless, to and concurrently with the powers granted him by the lease, in manner in and by the Act provided, to insure such building, and the cost and charges of such insurance shall, until such lease shall have expired, be a charge upon the said land."

Again, by the introduction of the words, "and shall paint outside every alternate year," the tenant may be placed under obligatiou "to paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in such lease, with two coats of proper oil-colours, in a workmanlike manner."

By the introduction of the words "and paint and paper inside every third year," the tenant may be placed under the obligation "to paint the inside wood, iron, and other works now or usually painted, with two coats of proper oil-colour, in a workmanlike manner; and also repaper, with paper of a quality as at present, all such parts of the said premises as are now papered; and also wash, stop, whiten, or colour such parts of the said premises as are now whitened or coloured respectively."

By using the three words "and will fence," the tenant may be placed under obligatiou "to erect and put up on the boundaries of the land therein mentioned, or upon such boundaries upon which no substantial fence now exists, a good and substantial fence.

The words "and cultivate" shall imply as follows, viz.: "and will at all times during the said lease cultivate, use, and manage all such parts of the land therein mentioned as are or shall page 24 be broken up or converted into tillage, in a proper and husbandlike manner, and will not impoverish or waste the same."

The words "and will not cnt timber," introduced into the lease, will operate to restrict the tenant from "cutting down, felling, injuring, or destroying any growing or living timber, or timber-like trees, standing and being upon the said hereditaments and premises above mentioned, without the consent in writing of the said lessor."

The words "and will not, without leave, assign or sublet," introduced into the lease, will deprive the tenant of the power of "assigning, transferring, demising, subletting, or setting over, or otherwise by any act or deed procuring the lands or premises therein mentioned, or any of them, or any part thereof, to be assigned, transferred, demised, sublet, or set over unto any person whomsoever, without the consent in writing of the said lessor first had and obtained."

The words "will not use as a shop," shall imply as follows, viz.: "And also that the said lessee shall not convert, use, or occupy the said hereditaments and premises mentioned in such lease, or any part thereof, into or as a shop, warehouse, or other place of carrying on any trade or business whatsoever, or permit or suffer the said hereditaments and premises, or any part thereof, to be used for any such purpose, or otherwise than as a private dwelling-house, without the consent in writing of the said lessor."

The words "and will not carry on offensive trades," shall imply as follows : "And also that no noxious, noisome, or offensive act, trade, business, occupation, or calling shall at any time during the said term be used, exercised, carried on, permitted, or suffered in or upon the said hereditaments and premises above mentioned; and that no act, matter, or thing whatsoever shall at any time during the said term be done in or upon the said hereditaments and premises, or any part thereof, which shall or may be or grow to the annoyance, nuisance, grievance, damage, or disturbance of the occupiers or owners of the adjoining lands and hereditaments."

40. The use of these abbreviated forms of words is not com-pulsory; and the covenants above referred to, or any other covenants, may be introduced into the lease in any form of words that may be deemed best adapted for giving effect to the intention.

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41. Several sections or allotments belonging to the same pro prietor, though included in two or more grants or certificates, may be included under one lease. The original of every lease will be deposited in the strong-room of the District Land Registry. The duplicate will be given to the lessee; and a certified copy will be given to the lessor, if required by him, at the cost of a few shillings. Copies certified under the hand and seal of the District Land Registrar are, by the Land Transfer Act, section 109, made evidence in all Courts of justice of all matters contained in the original instruments.