SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 6- 21 demised premises, under the penalty of 5 I. sterling by the year for each and every acre, Appendix, No. 14. and so in proportion for any lesser quantity which shall be broken up, ploughed or tilled, or on which more than successive crops shall be grown contrary to the aforesaid Indenture between stipulation or covenant, or which shall not so be laid down as aforesaid, in addition to and Dowager Countess over and above the said reserved yearly rent, and the other sums herein specified, the said of Rosse and sum and sums, as the case may be, of 5 I. sterling per acre per year, and in so proportion for Robert Cody- any lesser quantity, to be paid and recovered, from time to time, for each and every of the breach and breaches of said stipulation or covenant respecting the same, in like manner as the said reserved yearly rent, and with the like powers of distress for the same. And it is hereby declared and agreed upon by and between the parties to these presents, that if the said Robert Cody, his heirs, executors or administrators ( or assigns, if any alienation shall be permitted in manner hereinafter mentioned), shall or do, during the continuance of this demise, Jive or reside in any other place save in and upon the said demised premises, or shall or do in any manner demise, let, sell, assign or mortgage, or in any manner alienate or dispose of his or their right, title, term, estate or interest, or any part thereof, in the said demised premises, or any part thereof, to any person or persons whatsoever, without the leave or consent of the said Jane Countess Dowager of Iiosse, her heirs or assigns, first had and obtained, in writing under her or their hand and seal, attested by two witnesses, that then the term hereby granted shall from thenceforth cease and determine and become void, as fully and effectually as if the same had expired in the usual way, but at the option or election nevertheless of the said Jane Countess Dowager of Rosse, her heirs or assigns, anything herein contained to the contrary notwithstanding ; and further, that if the said Robert Cody, his heirs, executors or administrators ( or assigns, if any alienation should be consented to as aforesaid), shall happen to be convicted upon any indictment under any law or statute for that purpose then in force in Ireland, to prevent illicit distillation, or upon any indictment for felony or treasonable offence, that thereupon the term hereby granted shall from thenceforth cease, determine and become void, as fully and effectually as if the same had expired in the usual way, but at the option or election never- theless of the said Jane Countess Dowager of Rosse, her heirs or assigns, anything herein contained to the contrary notwithstanding. And the said Robert Cody, for himself, his heirs, executors, administrators ( and assigns, if any alienation shall be consented to as aforesaid), doth hereby covenant, promise, grant and agree, to and with the said Jane Countess Dowager of Rosse, her heirs and assigns, that he the said Robert Cody, his heirs, executors and administrators ( and assigns, if any alienation shall be consented to as afore- said), shall and will, from time to time, and at all times hereafter during the continuance of this demise, whenever and so often as the said penal sums, or any of them, which are hereinbefore mentioned to be paid in default of grinding at the said manor mill of Barry, as aforesaid, shall become due and payable, shall ahd will well and truly pav, or cause to be paid, unto the said Jane Countess Dowager of Rosse, her heirs and assigns, all and every such sum and sums in respect thereof as shall so become due and payable, without fraud or delay; and that in case any of said last mentioned sum or sums, or any part thereof, shall be behind or unpaid for the space of 21 days next after the same shall so become due and payable, that it shall and may be lawful to and for the said Jane Countess Dowager of Rosse, her heirs and assigns, into the said demised premises to enter and distrain, and the distress or distresses then and there found to take and dispose of, in like manner as hereinbefore mentioned with respect to the said reserved yearly rent, for the payment and satisfaction of all and every such penal sum or sums as shall be then due and payable, together with the costs and expenses attending such distresses. And the said Robert Cody, his heirs, executors and administrators ( and assigns, if any alienation shall be consented to as aforesaid), shall and will, during the continuance of this demise, well and sufficiently uphold, preserve, maintain and keep all houses, buildings, barns, offices, gardens, orchards, water- courses, hedges, ditches, walls, drains, trees, plantations, and other improvements whatsoever, which now are or shall at any time during the continuance of this demise be made on the said demised premises, in good and sufficient tenantable order, repair and con- dition, according to the true intent and meaning of these presents, and shall and will, upon the expiration or other sooner determination of this demise or the term hereby granted, whichever shall first happen, peaceably and quietly leave and deliver up the full and actual possession of the said demised premises, with the appurtenances, and all improvements thereon, in the like order, repair and condition. And the said Robert Cody doth hereby, for himself, his heirs, executors, administrators ( and assigns, in case of alienation as aforesaid), covenant, promise and agree, to and with the said Jane Countess Dowager of Rosse, her heirs and assigns, that he the said Robert Cody, his heirs, executors, administrators and assigns, shall and will, at all times during this demise, on customary summons to him, her or them given, do suit and service to and at the courts leet and baron that shall from time to time be held in and for the manor of Mosstown, in said county of Longford. Pro- vided always, and it is hereby further declared and agreed upon, that the acceptance or receiving of the said reserved yearly rent, or any gale, or part thereof, by the said Jane Countess Dowager of Rosse, her heirs or assigns, cr her or their agents or receiver, after any breach or breaches of the covenants, conditions or agreements hereinbefore mentioned, or any of them, shall not ( unless by express agreement in writing for that purpose, signed and delivered by the said Jane Countess Dowager of Rosse, her heirs or assigns,) be deemed taken or considered as any acquiescence or permission of the said Jane Countess Dowager of Rosse, her heirs or assigns, in or for such breach or breaches, or any waver or abandonment of the right of the said Jane Countess Dowager of R- osse, her heirs or assigns, 643. 4* 3