500

APPENDIX.

Covenant, &c.
may be added.

140. Any covenant, limitation, restriction or proviso,
allowed by law, may be added, annexed to or intro-
duced into the foregoing form.

Effect.

141. When a lease uses the words, "the said
covenants," such covenant shall have the
same effect as if it was expressed to be by the cove-
nantor, for himself, his heirs, personal representatives
and assigns, and shall be deemed to be with the cove-
nantee, his heirs, personal representatives and assigns.

Construed.

142. A covenant in a lease, that he [the lessee,] will
not assign without leave, shall be construed and have
the same effect as if the lessee had covenanted that he

[the lessee,] will not during the continuance of said lease,
assign, transfer or let over, or otherwise by any act or
deed, procure the said premises or any part thereof to
be assigned, transferred or let over unto any person or
persons whomsoever, without the consent in writing of
the said [the lessor,] his executors, administrators or as-
signs first had and obtained.

Construed.

143. A covenant in a lease by the lessee, that he
[the lessee,] will leave the premises in good repair,
shall be construed and have the same effect as if the
lessee had covenanted, that he [the lessee,] will at the
expiration or other sooner determination of said lease,
peaceably surrender and yield up unto the said lessor,
the said premises hereby leased with all the appurte-
nances, together with all the buildings and fixtures now
or hereafter to be built or erected thereon, in good and
substantial repair and condition in all respects, reasona-
ble wear and tear, and damage by fire only excepted.

Proviso.

144. A proviso in a lease in the following form or
to the like effect; provided, that in default of payment
of the rent or breach of any covenant herein contained,
the said [the lessor,] may re-enter, shall be construed
and have the same effect as the following proviso :

Provided always, and it is expressly agreed, That
if the rent hereby reserved or any part thereof, shall re-
main unpaid after the day or days on which the same
ought to have been paid, and after a demand shall have
been made by the said [the lessor,] for the payment of
the same, or in the case of the breach or non perform-
ance of any of the covenants and agreements herein
contained on the part of the said [the lessee,] his execu-
tors, administrators or assigns, then and in either of
such cases, it shall be lawful for the said [the lessor,] at
any time thereafter, into and upon the said demised