and fulfilled, the faid Harvey Chriftian and William, affignees as
aforefaid, in fact fays, that after the faid term of years fo came to
the faid Edward by affignment as aforefaid, that one hundred and
fxty pounds of the rent aforefaid for two years of the faid term,
ending on the feaft-day of the Birth of Our Lord Chrift, in the
year of Our Lord 1795, on that day in that year, to wit, at
Westminster aforefaid, became due and owing from the said Ed-
ward to the faid Harvey Chriftian and William, as fuch affignees
as aforefaid, and which the faid Edward ought to. have paid to
them, but hath not yet paid; but to pay which to the faid Harvey
Chriftian and William, the faid Edward hath hitherto wholly re-
fufed, and ftill doth refufe, contrary to the form and effect of the
faid indenture of leafe, and of the covenant of the faid Richard
Rudder, for himself and his affigns, with the faid John Hickin-
bottom, for himself and his affigns, in that behalf made as afore-
faid, to wit, at Westminster aforefaid; and fo the faid Harvey
Christian and William, affignees as aforefaid fay, that the faid
Edward, (although often requested) hath not kept the faid cove-
nant fo made by the faid Richard Rudder, for himself and his af-
figns, with the faid John Hickinbottom and his affigns, but hath
broken the fame, and to keep the fame with the faid Harvey
Christian and William, affignees as aforefaid, hath hitherto wholly
refufed, and ftill refufes fo to do, to wit, at Weftminster aforesaid,
to the damage of the faid Harvey Chriftian and William, af.
fignees as aforefaid, of three hundred pounds; and therefore they
bring their fuit, &c,
T. BARROW.

WHEREAS by a certain indenture, bearing date the day and Declaration year aforefaid, and fealed as well with the feal of the faid George, against affignee as with that of the faid Richmond Webb, the faid William now of icffee for not brings here into court, the faid William Stokes and Richmond repairing. Webb, for the confiderations therein mentioned, did, according to their respective estates and interests, demife, leafe, and confirm to the faid George, a certain mefluage or dwelling house, stable, coach-house, garden, yards, warehoufe, and premises in the faid indenture more particularly mentioned and described, with the appurtenances, to hold the fame to the faid George from the twentyninth of September, then last past, for and during, and unto the full end and term of eleven years from thence next enfuing, and fully to be complete and ended, yielding and paying yearly, and every year during the faid term thereby demifed unto the faid W. S. his executors, adminiftrators, or affigns, the yearly rent or fum of two hundred pounds of lawful money of Great Britain, clear of all taxes, except the land-tax, by four even and equal quarterly payments, that is to fay, the feaft of the Nativity of Our Lord Chrift, the feast of the Annunciation of the Bleffed Virgin Mary, the feaft of St. John the Baptift, and the feaft of St. Michael the Archangel, the first payment to be made on the feast of the Nativity of Our Lord Chrift next enfuing the day of the date of the

faid indenture; and the faid G. did covenant, promife, and agree to and with the faid William by the faid indenture (amongst other things), that he the faid G. his executors, adminiftrators, or affigns, would well and truly pay, or cause to be paid, unto the faid W. his executors, adminiftrators, or affigns, during the faid term thereby demifed, the faid yearly rent or fum of two hundred pounds, clear of all taxes, charges, rates, affeffiments, and impofitions whatsoever (fave the land-tax), on the days and times, and in the manner and proportions therein before limited and appointed for the payment thereof, and also would at his and their own cofts and charges during the faid term thereby demifed, well and fufficiently repair, amend, and keep the faid premifes thereby demifed, and every part thereof, except the foundation of the walls of the faid feveral warehouses thereby demifed, facing and standing towards the river Lea, in all and manner of needful and neceflary reparations and amendments whatsoever, when and fo often as need or occafion fhould be or require, and the faid premifes being fo well and fufficiently repaired, amended, and kept, would, at the end, expiration, or other fooner determination of that demife, which fhould first happen, peaceably and quietly furrender and yield up unto the faid William, his executors, adminiftrators, or affigns, the wear and waste of time, and accident of fire only excepted, as by the faid indenture, reference being thereto had, will (amongst other things) more fully appear: And the faid William further fays, that the faid G. by virtue of the faid indenture, after the making thereof, to wit, on the day and year aforesaid, entered into the faid demifed premifes, with the appurtenances, and became and was, and from thence hitherto hath been, and still is thereof poffeffed for the faid term to him thereof granted as aforefaid, and although all and fingular the covenants, claufes, or agreements in the faid indenture contained on the part and behalf of the leffors, have always from the time of the making thereof, hitherto been well and truly performed, fulfilled, and kept; yet protefting that the faid G. hath not performed, fulfilled, or kept any of the covenants, claufes, or agreements in the faid indenture contained, on his part and behalf to be performed and fulfilled, according to the tenor and effect thereof; the faid William in fact faith, that after the making of the faid indenture, and during the said term thereby granted, to wit, on the feaft of St. Michael the Archangel, in the year of Our Lord 1789, at Westminster aforefaid, a certain large fum of money, to wit, the fum of five hundred and fifty pounds of the rent aforefaid, for two years, and three quarters of another year of the faid term then elapfed, became due and owing from the faid G. to the faid William, by virtue of and according to the form and effect of the faid indenture, and of the covenant of the faid G. fo by him made with the faid William in that behalf as aforefaid, and ftill remains wholly in arrear and unpaid, contrary to the form and effect of the faid indenture, and of the faid covenant fo made by the faid G. with the faid William in that behalf as aforefaid: And the faid William in fact further fays, that the faid G. did not, nor would at his own cofts and charges

during the faid term, by the faid indenture granted, well and fuf.
ficiently repair, amend, and keep the faid premifes thereby de-
mifed, and every part thereof, except as in the faid indenture is
excepted, in all and all manner of needful and neceffary repara-
tions and amendments whatsoever, as often as need or occafion
required, but on the contrary thereof, the faid G. after the making
of the faid indenture, and during the faid term thereby granted, to
wit, on the first day of Auguft, in the year 1789 aforefaid, at
Weftminster aforefaid, and from thence hitherto fuffered and per-
mitted the faid demifed premifes, with the appurtenances, to be
greatly out of repair, ruinous, and in decay, for want of neceflary
repairing, amending, and keeping thereof, in other and different
parts and places than the foundation of the walls to the faid ware-
houses facing and fronting towards the faid river Lea, that is to fay,
in the roof, tiling, joifts, rafters, beams, timbers, walls, plaifter-
ing, wainscots, doors, gates, windows, window frames, pallifa-
does, pales, fences, pavements, leads, finks, gutters, and drains
thereof, and in various other parts and particulars thereof, con-
trary to the form and effect of the faid indenture, and of the cove-
nant fo made by the faid G. with the faid William in that behalf
as aforefaid: And fo the faid William fays, that the faid G. al-
though often requested, &c. hath not, kept the faid covenant fo
by him made with the faid William in manner and form aforefaid,
but hath broken the fame, and to keep the fame with the faid
William hath hitherto wholly refufed, and ftill refuíes, to the da-
mage of the faid William of three hundred pounds; and therefore
he brings fuit, &c.
S. MARRYAT.

tates in pre

And the faid George, by Evan Bethel Lloyd, his attorney, 1ft Plea, Non eft comes and defends the wrong and injury, when, &c. and faith fatlum. that the faid indenture in the faid declaration mentioned is not his deed, and of this he puts himself upon the country; And for a 2d Plea, that further plea in this behalf, the faid G. by leave of the court here, the respective for that purpose first had and obtained, according to the form of defendants inthe ftatute in fuch cafe made and provided, faith, that the faid terefts and cfWilliam ought not to have or maintain his aforefaid action thereof mifes, in ref against him, because he fays, that the faid Richmond Webb be- pect whereof fore and at the time of making the faid indenture in the faid covenants were. declaration mentioned, was lawfully poffeffed of the premifes made, were thereby demifed, with the appurtenances, for the refidue then to merged and excome and unexpired of a certain term of ninety-nine years, com- the reverfioner mencing on the twenty-fourth day of June, in the year of Our in fee, purchaf Lord 1770, fubject to an equity of redemption thereof by the faid ing the term, William on payment of a certain fum of money, with intereft and equity of thereon, to the faid Richmond Webb, and that the faid feveral redemption. covenants in the faid declaration mentioned were and each of them was made by the faid G. with the faid William as aforefaid, in refpect of the faid feveral and respective eftates and interests of the faid William and Richard Webb, or one of them, in the faid demifed premifes, with the appurtenances, and not otherwife:

and

tinguished, by

and the faid G. further fays, that one George Medley before and at the time of making the faid indenture, and from thence until and at the time of making the indenture hereafter next mentioned, was feised of the reverfion of and in the faid demifed premifes, with the appurtenances, expectant on the determination of the said term of ninety-nine years, in his demefne as of fee, and being so seised, thereof after the making of the faid first-mentioned indenture, and during the term thereby granted, to wit, on the twenty-third day of March, in the year of Our Lord 1781, at Westminster aforefaid, by a certain indenture of bargain and fale then and there made between the faid G. Medley of the one part, and the faid William and one Morgan Thomas of the other part; the faid G. Medley for the confiderations therein mentioned, bargained and fold to the faid William and Morgan Thomas his faid reverfion of and in the said demifed premifes, with the appurtenances, expectant on the determination of the faid term of ninety-nine years; to hold the fame unto the faid William and Morgan Thomas, their executors, adminiftrators, and affigns, from the day next before the day of the date of the fame indenture, for the term of one whole year from thence next enfuing, and fully to be complete and ended, by virtue of which faid Lift-mentioned indenture, and by force of the ftatute for transferring ufes into poffeffion, the faid William and Morgan Thomas became and were poffeffed of the said laft-mentioned reverfion of and in the faid demifed premifes, with the appurtenances, for the faid term of one year to them thereof granted as aforefaid, the further reverfion thereof, with the appurtenances, after the expiration of the faid laft-mentioned term belonging to faid George Medley, his heirs, and affigns in manner aforefaid; and the faid William and Morgan Thomas being so poffeffed of such reversion of and in the faid demifed premifes, with the appurtenances, fo bargained and fold to them as aforefaid, and the further reverfion thereof, with the appurtenances belonging as aforefaid, afterwards, to wit, on the twenty-fourth day of March in the year last aforefaid, at Westminster aforefaid, by a certain indenture of release then and there made between the faid G. M. of the one part, and the said William and Morgan Thomas of the other part, the faid G. M. for the confiderations therein mentioned, granted and releafed to the faid William and Morgan Thomas the faid last-mentioned reverfion of and in the faid demifed premifes, with the appurtenances, to hold the fame unto the faid William and Morgan Thomas, their heirs, and affigns, to the ufe of the faid William and Morgan Thomas, and the heirs and affigns of the faid William, in truft, as to the eftate and intereft of the faid Morgan Thomas, for the faid William, his heirs, and affigns, by virtue of which faid laftmentioned indenture, and by force of the ftatute for transferring ufes into poffeffion, the faid William and Morgan Thomas became and were feifed of the said laft-mentioned reverfion of and in the faid demifed premifes, with their appurtenances, in their demefne as of fee in manner aforefaid, and being fo thereof feised afterwards, to wit, on the twenty-fixth day of March in the year laft aforefaid,

aforefaid, at Westminster aforefaid, by a certain other indenture of bargain and fale then and there made between the faid William and Morgan Thomas of the one part, and one William Makepeace Thackery of the other part, the faid William Stokes and Morgan Thomas, for the confiderations therein mentioned, bargained and fold to the faid William Makepeace Thackery the faid laft-mentioned reverfion of and in the faid demifed premifes, with the appurtenances, to hold the fame unto the faid William Makepeace Thackery, his executors, adminiftrators, and affigns, from the day next before the day of the date of the said laft-mentioned indenture for the term of one whole year from thence next ensuing, and fully to be complete and ended, by virtue of which faid laftmentioned indenture, and by force of the ftatute for transferring ufes into poffeffion, the faid William Makepeace Thackery became and was poffeffed of the faid last-mentioned reverfion of and in the faid demifed premifes, with the appurtenances, for the faid. term of one whole year to him thereof granted as aforefaid, the further reverfion thereof, with the appurtenances, after the expiration of the faid laft-mentioned term belonging to the faid, William Stokes and Morgan Thomas, their heirs, and affigns in manner aforefaid; and the faid William Makepeace Thackery being fo poffeffed of fuch reverfion of the faid demifed premifes fo bargained and fold to him as aforefaid, and the further reverfion thereof, with the appurtenances belonging as laft aforesaid, afterwards, to wit, on the twenty-feventh day of March, in the year laft aforefaid, at Westminster aforefaid, by a certain other indenture of release then and there made between the faid William Stokes and Morgan Thomas of the first part, the faid Richmond Webb of the fecond part, and the faid William Makepeace Thackery of the third part, for the confiderations therein mentioned, the faid Morgan Thomas, at the request and by the direction and appointment of the faid William Stokes, and at the nomination of the faid Richard Webb released, and the faid William Stokes released, ratified, and confirmed to the faid William Makepeace Thackery the said last-mentioned reverfion of and in the faid demifed premises, with the appurtenances, to hold the fame unto and to the ufe of the faid W. M. Thackery, his heirs, and affigns, in truft for the faid Richard Webb, his heirs, and affigns, fubject to a provifo or condition in the faid laft-mentioned indenture contained, for redemption of the fame premifes, on payment by the faid William S. to the faid Richmond Webb, his executors, adminiftrators or affigns, of a certain large fum of money and intereft at a day in the fame indenture mentioned, and long fince paft, by virtue of which faid last-mentioned indenture, and by force of the ftatute for transferring ufes into poffeffion, the faid W. M. Thackery became and was feifed of the faid laft-mentioned reverfion of and in the faid demifed premifes, with the appurtenances, in his demefne as of fee in manner and upon the truft aforefaid: And the faid George further faith, that after the making of the Laid first-mentioned indenture, and during the term thereby granted,

he