Elphinstones Introduction to Conveyancing With An Appendix Dealing With Regis
Elphinstones Introduction to Conveyancing With An Appendix Dealing With Regis
Howard Warburton Elphinstone
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E. Bankruptcy of the lessee, see S^mif A 19 Eq. 591. As to the effect of v. Gronow, [1891] 2 Q. B. 394. The lease being assigned before PROVISO THAT LEASE SHALL BE '' VOID. " 253 to assign ; for this reason it is safer to use both the words " perform " and " observe, " for it has been said that the word " perform " applies to the affirmative, and "observe" to the negative covenants (per Fry, J. , Evans v. Darin, 10 Ch. D. 757) ; but the word "perform" in the proviso may readily be held to apply... to a negative covenant {e). The old Furciblc form of the proviso authorised the lessor to make forcible ^'" ^^' entry and expel the lessee. This form was till lately some- times used in the leases of public-liouses : but as forcible entry is an indictable offence under 2 Rich. 2, Stat. 1, c. 8 (/), this form should never be employed. Sometimes the proviso, instead of authorising the land- Proviso lord to enter, declares that in the specified events the lease gj, ^ii ^, 1' shall be " deemed null and void to all intents and pm-poses.
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