ase, in which an action was brought against
a lessee who was not bound to repair, and neither he nor the landlord
bound to insure; admitting an equitable defence, the court affirmed Sir
John Leach's decision, holding that the tenant was bound to pay the
rent, and could not require the landlord to lay out the insurance money
in rebuilding. This is opposed to the opinion of Lord St. Leonards, who
admits, however, that the decision of the court must overrule his
_dictum_. Such being the state of the law, it is very important that
insurance should be provided for, and that the payment of rent should be
made to depend upon rebuilding the house in the event of a fire. Care
must be taken, however, that this is made a covenant of the lease, as
well as in the agreement, otherwise the tenant must rebuild the house.

2709. The law declares that a tenant is not bound to repair damages by
tempest, lightning, or other natural casualty, unless there is a special
covenant to that effect in the lease; but if there is a general covenant
to repair, the repair will fall upon the tenant. Lord Kenyon lays it
down, in the case of a bridge destroyed by a flood, the tenant being
under a general covenant to repair, that, "where a party, by his own
contract, creates a duty or charge upon himself, he is bound to make it
good, because he might have guarded against it in the contract." The
same principle of law has been applied to a house destroyed by
lightning. It is, therefore, important to have this settled in the
insurance clause.

2710. Lord St. Leonards asserts that "his policies against fire are not
so framed as to render the company _legally_ liable." Generally the
property is inaccurately described with reference to the conditions
under which you insure. They are framed by companies who, probably, are
not unwilling to have a legal defence against any claim, as they intend
to pay what they deem just claim without taking advantage of any
technical objection, and intending to make use of their defence only
against what they believe to be a fraud, although they may not be able
to prove it. "But," says his lordship, "do not rely upon the moral
feelings of the directors. Ascertain that your house falls strictly
within the conditions. Even having the surveyor of the company to look
over your house before the insurance will not save you, unless your
policy is correct." This is true; but probably his lordship's legal
jealousy overshoots the mark he