Blythe

The lease declared upon was for a term of fifteen years, commencing on the 12th day of October, 1859, and amongst others contained the following provisions, viz.: That the rents should be payable, “free and clear of all charges, assessments and payments whatsoever assessed or imposed *238 upon the said premises, or any part thereof, in anywise whatsoever, during the continuance of the said term,” and that “the said party of the second part (the lessee), his heirs, executors, administrators or assigns, shall and will, at their own proper costs and charges, bear, pay and discharge all such taxes, duties and assessments whatsoever, extraordinary as well as ordinary, as shall or may during the term hereby granted be charged, assessed or imposed upon the said demised premises, including the taxes for the fiscal year 1873-4.” The lease expired October 12, 1874, and the lessee having failed to pay the taxes for the fiscal year commencing July 1,1874, they were paid by the lessor, and the action is to recover the amount so paid from the estate of the lessee. The questions to be determined are, first, wrhether the taxes for 1874-5 were “ charged, assessed or imposed upon the demised…