To pay the said rent at the several times and in manner aforesaid. To pay all rates and taxes (excepting land and income tax) charged on or in respect of the said premises during the said term. To use and occupy the said house and premises in a fair and tenantable manner [and to use the same as a dwelling-house only.] At the expiry or sooner determination of the said term to deliver up the said house and premises and all fixtures, fittings, and conveniences thereunto belonging in as good repair as the same are now in-reasonable wear and tear, damage from fire, or other inevitable accident alone excepted. That the said lessee will not assign his interest in the same premises under this agreement nor underlet the same to any person without the consent in writing of the lessor. That it shall be lawful for the lessor and his assigns or his or their agents to enter the said premises at all reasonable times during the said term for the purpose of viewing the condition thereof. Provided always that if the said rent shall not be punctually paid or if the lessee shall not duly perform this agreement it shall be lawful for the lessor, his executors, administrators, or assignors, to re-enter the said premises and remove all persons therefrom and thereupon the tenancy hereby created shall absolutely determine. And the lessor hereby agrees with the lessee that he, paying the rent, hereby reserved at the times and in manner aforesaid, and observing and performing the agreements on his part hereinbefore contained, shall and may quietly enjoy the said premises during the said term without any interruption by the lessor or any person claiming under him. As witness the hands of the parties this day of 19-. Witness-E. F. A. B. C. D. RACEHORSE-LEASE OF. Agreement made the one part and C. D. of 39- day of the lessee of Witnesseth that the lessor doth hereby demise and lease unto the lessee one [bay horse branded — known as --- for the term of years [or months] upon and subject to the terms, conditions, and stipulations hereinafter appearing: That is to 1. The lessor or his assigns shall be entitled to one-half of the gross prize-money won by the said horse at any race meeting whatsoever and free from any deduction whatsoever. 2. The lessee shall punctually pay to the lessor or his assigns any share or shares of prize money accruing to him or them under the provision aforesaid. 3. The lessee will and shall during the said term at his own sole cost and expense keep the said horse in continual training, and take all proper care of the same, and supply the same daily with sufficient quantities of the best fodder and pure water. 4. The lessee will and shall train the said horse in a skilful and proper manner, and duly pay all entrance fees, fines, or forfeitures and all expenses which may become payable in respect of the said horse during the term aforesaid. 5. The lessor or his agent shall during the said term be at liberty to enter upon the premises wherein the said horse may be kept at all reasonable times for the purpose of viewing the state and condition thereof. 6. If the said horse should during the said term be lost, injured, destroyed, or seized and sold under distress for rent or other legal process owing to the negligence or other default of the lessee or any of his servants, the lessee will and shall pay to the lessor or his assigns the sum of pounds, which sum is hereby declared to be and to be recoverable as liquidated damages. 7. The lessee will and shall at the expiration or sooner determination of the said term peaceably and quietly deliver up to the lessor, his assigns, or his or their agent, the said horse in good order and condition, inevitable accident, sickness, or disease arising from natural causes alone excepted. 8. The lessee will and shall punctually pay the rent of 10. The lessee shall, during the said term, and until Witness [Signed] A. B. C. D. NOTE. It may be prudent to make the term of the lease a short one in the first instance, and to give the lessee the option of a renewal of the lease for a further term upon the same conditions, as the horse, especially if an untried one, may prove wanting in pace, and therefore not worth the expense of training. DISTRESS FOR RENT. Distress is defined, as the taking of a personal chattel out of the possession of the wrongdoer into the custody of the party injured, so that satisfaction for the wrong committed may be obtained. A distress is usually taken for non-payment of rent; but a man may also distrain strange cattle or other animals found on his land, if it is properly fenced. Generally speaking, all personal chattels are liable to be distrained except such articles as are specially exempted by statute or as are exempt at com mon law. Statutory exemptions include the goods of a casual' visitor in any house, those of a lodger in a bonâ fide lodginghouse, excepting furniture; and also not more than one sewing machine, typewriter, or mangle, being the property of or bired by any female. At common law, for example, things in thepersonal use of any man are, for the time being, protected, e.g., his watch, clothes, etc.; also dogs and cats, and things delivered to a man in the way of his trade, as cloth delivered to a tailor to make a suit of clothes, wheat sent to a mill to grind into flour. But, except as above, all ordinary goods and chattels found upon the premises, whether they belong to the tenant or to a stranger, are alike liable to distraint for rent. DISTRAINT-HOW EFFECTED. The landlord must distrain either. personally, or by nis bailiff or agent authorised by a warrant under his hand or that of his lawful attorney. The practice is as follows: 1. If the distress is to be made by bailiff or agent, such bailiff, etc., procures a warrant in duplicate, both being signed by the landlord or his attorney, and delivers a copy to the tenant or owner of the goods or leaves it for him with some person at the place where the distress is made. 2. The distrainor (i.e., the landlord, bailiff, etc.) then makes out a written inventory of the goods, dates and signs the same, and gives it to the tenant or owner, or leaves it at the premises, as in the first instance. 3. The goods may then, after the expiration of five days from the time of distress, be sold by auction unless within such five days the tenant, etc, shall replevy the same, giving proper security to a J.P., the Sheriff, or his deputy. 4. The rent and costs of distress may then be deducted from the proceeds of the sale, and the balance (if any) handed over to the tenant or owner; and the distrainor must, upon demand, give such tenant, etc., an account sale in writing. It should be noted that if the warrant or inventory cannot be delivered as beforementioned by reason of there being no person to receive it, the same must be given to the tenant, etc., on demand at any time within one month after the distress; or the latter may be posted on a conspicuous part of the premises. PERISHABLE GOODS MAY BE IMMEDIATELY SOLD. Perishable goods, including corn, grass, hops, roots, fruits, pulse and any other products which shall be growing at the time the same are seized, may be sold as soon as may be after seizure as a distress. OWNER OF GOODS MAY DIRECT ORDER OF SALE, REPLEVIN, ETC. The tenant or the owner of any goods distrained may specify the order in which he requires the same to be sold, and they must be sold in accordance with his directions. Where the distress is made at a place more than ten (10) miles from the Sheriff's office or from the residence of his deputy, any J.P. may grant a replevin of the goods distrained, and take a replevin 'bond with sureties. A replevin occurs when the person distrained upon applies to the proper authority to interpose and direct that the goods and chattels be returned to him upon his finding security to make good his claim to such re-delivery in a suit at law, termed an "action of replevin”—and, if he fail in his action, to return the distress to the distrainor. COURT IN WHICH REPLEVIN MUST BE BROUGHT. Where the amount of rent involved does not exceed £30 the District Court and Courts of Petty Sessions have jurisdiction; otherwise the action must be brought in the Supreme Court, in which case it is commenced by a writ of summons and prosecuted in accordance with the ordinary procedure. POUND-BREACH OR RESCUE. Goods distrained are considered to be in the custody of the law, and therefore if any person take them out of the possession of the distrainor, he is punishable, as for pound-breach or rescue, with fine and imprisonment. And by the Landlord and Tenant Act the party injured may bring a civil action against the offender, or against the "owner of the goods, if they afterwards come into his possession, and recover treble the value of the goods, as damages, and his costs in addition. UNLAWFUL AND IRREGULAR DISTRESS. Any person making distress and sale where no rent is actually due, is liable, in an action of trespass on the case, to pay the party injured double the value of the goods and full costs. And any person who knowingly and wilfully distrains as |