24 APPENDIX. 



mitted in or upon the (aid demifed prernifes, or any part thereof, any manner of wafte* to the 



value of or above, and fhall fuffer the fame to become ruinous and in decay, 



to the like value, or above, or (hall not, in a fubftantial manner, repair the fame when and as 

 often as occafion fhall require, then and from thenceforth, for all or any of the caufes afore- 

 faid, it fhall and may be lawful to and for the faid Andrew Aikins, his heirs and affigns. into 

 and upon the faid demifed premifes, or any part thereof in the name of the whole, to re- 

 enter, and the fame to have again, repoflefs and enjoy, as in his and their former eftate and 

 right, this Indenture, or any thing herein contained to the contrary thereof in anywife not- 

 withftanding. AND the faid Andrew Atkins, for himfelf, his heirs and affigns, doth covenant, 

 promife, and agree to and with the faid Bartholomew Bell, his executors, adminiftrators and af- 

 iigns, by thefe prefcnts, that he the faid Bartholomew Bell, his executors, administrators, and 

 affigns, {duly paying the rents above referved, and yielding fuch heriot or farlieu as aforefaid, 

 or p lying fuch fum of money in lieu thereof at the election of the faid Andrew Atkins, his 

 heirs or affigns, and obferving and performing the claufes, exceptions, conditions, provifos, cove 

 nants and agreements herein before made and contained, and which, on the part and behalf of the 

 leffee, his executors and ad mini lira tors, are or ought to be paid, obferved, performed, fulfilled 

 and kept), fhall and lawfully may peaceably and quietly have, hold, occupy, poflefs and enjoy, 

 the faid hereby demifed premifes, with the appurtenances, (except as before-mentkmed) from 

 henceforth for and during the continuance of the faid term hereby granted and demifed, with 

 out the let, fuir, trouble, eviction, difturbance, claim or demand of him the faid Andrew 

 Atkins, his heirs or affigns, or any other perfon or perfons lawfully or equitably claiming or to 

 rla.irn, from, by, through, orunder him, them, or any of them ; PROVlDEDNEVERTHtLESS.and it 

 is hereby agreed, by and between the faid parties hereto, that whefl and as often as any queftion 

 fhall arifein any court of juftice, whether the perfon or perfons on whofe death or deaths the 

 term hereby granted is made determinable be living or dead, it fhall be incumbent on the 

 perfon or peifons then interefted in, or holding or enjoying, or claiming to hold and enjoy the 

 faid premifes, by virtue of, orunder this prefent demife, to prove fuch perfon or perfons to be 

 living, to the fatisfa&ion of the faid Andrew Atkins, his heirs or afllgns ; and that in default 

 of fuch proof, fuch perfon or perfons fhall be deemed and taken to be dead $ thefe prefents, 

 s&amp;gt;r any law, ufage or cuftom to the contrary in anywife notwithftanding. In witnefs, &c. 



* As the queftion of wafte is of fome importance, thereader is referred for information on that head 

 to the chapter which treats diftinftly upon &quot; Wrongs in refptQ to the Rights of Landlords.&quot; 



