ft APPENDIX. 



voikmen, to enter into and upon, and pafsand repafs at all feafonable times in the day time 

 upon, over, and through the faid demifed premifes for the felling, rooting up, and working 

 and planting fuch trees and faplings, and opening, ripping, digging, and drawing the ftones 

 and minerals in fuch mines and quarries, and taking and carrying away the fame with any 

 manner of carriages whatfoever, at the free will and pleafure of the faid Andrew Atkins, his 

 heirs or afligns (doing no wilful wafte or fpoil), to have and to hold the faid meffuage, tene 

 ment, and farm, and all and fingular the premifes hereby demifed or mentioned and intended 

 fo to be, with their and every of their appurtenances (except as before excepted), unto the faid 



Bartholomew Bell, his executors, adminiftrators, and afligns, from the day of 



row next enfuing, for and during and unto the full end, term, and time of twenty-one years 

 from thence next enfuing, and fully to be complete and ended ; yielding and paying therefore 

 yearly and every year during the faid term hereby demifed unto the faid Andrew Atkins, his 



heirs or afligns, the renter fum of pounds, of lawful money of Great Britain, by 



even and equal half-yearly payments in each and every year, at or upon the two mod ufual 



feafts or days of payment of rent hereinafter mentioned (that is to fay], the day of 



, and the day of , in each and every year; the firfl of the faid half- 

 yearly payments to be made on the day of now next enfuing. PROVIDED 



ALWAYS, and it is hereby declared and agreed by and between the parties to thefe prefents, that 

 if it (hall happen tha tthe faid yearly rent or fum of pounds, or any half-yearly pay 

 ment of the fame, (hall be behind and unpaid in the whole or in part by the fpace of twenty- 

 one days next after either of the faid feafts or days of payment whereon the fame ought to be 

 paid as aforefaid, and the fame JJiall le demanded on the expiration of the faid twenty-one days, or 

 at any time afterwards*, and not paid at the time of fuch demand, that then and from thence&quot; 

 forth it (hall and may be lawful to and for the faid Andrew Atkins, his heirs and afligns, into 

 and upon all and fingular the demifed premifes with the appurtenances, or into and upon any 

 part thereof, in the name of the whole, to re-enter and the fame to have again, re-poffefs, oc 

 cupy, and enjoy, as if thefe prcfents had not been made, thefe prefents or any thing in them 

 contained to the contrary thereof in any wife notwithstanding. AND the faid Bartholomew 

 Bell doth hereby for himfelf, his heirs, executors, adminiftrators, and afligns, covenant, pro- 

 mife, and agree, to and with the faid Andrew Atkins, his heirs and afligns, that he the faid 

 Bartholomew Bell, his executors, adminiftra ors, or afligns, (hall and will, from time to 



wuift run in. the words kistv(cuters ) au.ni tijtrators, ant afigns, inftead of &quot; his heirs and alfigns,&quot; which. 

 )&amp;lt;uter words are only to be ufcd where the lefTbr or landlord is entitled to the fee-fimple and inheritance 

 and riot to a fui.illereft.tte carved out of the inheritance, fuch as a leafehold or term for years is. 



* In confluence of thedecifion in Dccv. IVindhff, 7 Term Rep 117, in which it was determined, that 

 \inder a power of re-entry in cafe of non-payment of rent, the landlord cannot recover in ejectment at 

 rommoii 1-aw, unlefs he prove a dim nd on the very day on which the rent became due; nor under the 

 ftatnte of 4 Gfo. 17. c. 28, un ef:. he prove that there was not a fufficient diftrefs on the premifes; it has 

 been confulered by conveyancers as advifabl** to introduce in the claufe empowering the leffor or land, 

 ford to re-enter, the above words dHtinguifhcd by /. a/ja 



