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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

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said parties of the first part do hereby make, constitute, and appoint the said party
of the second part their true and lawful attorney, irrevocable, in the name of the
said parties of the first part, or otherwise, but at the proper costs and charges of
the said party of the second part, to have, use, and take all lawful ways ani mean



512 MORTGAGES OF LAXD.

for the recovery of the said money and interest, and in case of payment to discharge
the same as fully ae the said parties of the first part might or could do if these
presents were not made.

In "Witness Whereofj the said parties of the first part have caused their
common seal to be affixed to these presents, and the same to be signed by their
attorney and president (or other officer) the day of in the

year one thousand eight hundred and

(Signature.) (Seal of the Corporation.)

Signed, Sealed and Delivered in Presence of

STATE o , )

>88.
COUKTY. )

On the day of in the year one thousand eight hundred and

before me came with whom I am personally acquainted,

and known to me to be the attorney and of the within named corpora-

tion, who being by me duly examined says, that the seal which is affixed to the
within assignment is the corporate seal of the said corporation, and was so affixed
by their authority, and acknowledged that he executed the same as their act and
deed.

(Signature.)

(152.)
Discharge of Mortgage, Short Form.

The Debt secured by the mortgage, dated and recorded with

deeds, lib. fol. has been paid to me by (name of

mortgagor) and in consideration thereof I do discharge the mortgage and release
the mortgaged premises to said (name of mortgagor) and his heirs.

Witness my hand and seal A.D. 18

(Signature.) (Seal.)
Executed and Delivered in Presence of

88. A.D. 186 Then said acknowledged the foregoing

instrument to be free act and deed.

Before me, (Signature.)

(153.)
Helease and Quitclaim of Mortgage, as Used in the Western States,

Know all Men by these Presents, That I (name of mortgagee)

of the County of and State of for and in con-

eideration of one dollar, to me in hand paid, and for other good and valuable



FOKMS OF MORTGAGES, ETC. 513

considerations, the receipt whereof is hereby confessed, do hereby grant, bargain,
remise, convey, release, and quitclaim unto (name of assignee or releasee) of

the County of and State of all the right, title,

interest, claim, or demand whatsoever I may have acquired in, through, or by a
certain indenture or mortgage deed, bearing date the day

of A.D. 186 , and recorded in the recorder's office of

County, in book of page

to the premises therein described, and which said deed was made to secure a
certain promissory note (or bond) bearing even date with said deed, for the sum
of dollars and cents.

"Witness my hand and seal this day of A.D. 186

(Signature.) (Seal.)



Sss.



STATE OF

COUNTY.

I, in and for said county in the State aforesaid,

do hereby certify that who is personally known to me as the

same person whose name is subscribed to the foregoing deed, appeared before
me, this day, in person, and acknowledged that he signed, sealed, and delivered
the said instrument of writing as his free and voluntary act, for the uses and pur-
poses therein set forth.

Given under my hand and seal this day of A.D. 186

(Signature.) (Seal)



>88.



(154.)
Discharge of Mortgage, as used in the Middle States.

STATE OF

COUNTY OF

I, (name, residence, and occupation of mortgagee) do hereby certify that a

certain indenture (or deed) of mortgage bearing date the day

of one thousand eight hundred and made and

executed by (here stale the name of the mortgagor, and describe the deed briefly)
and recorded in the office of County of

in lib. of mortgages, page on the day of

in the year one thousand eight hundred and o'clock, in the

i.* paid. And I do hereby consent that the same be discharged of record.

Dated the day of 18

(Signature.) (Seal)

In Presence of



514 MORTGAGES OF LAND.

STATE OF ")

>ss.
COUNTY OF )

On the day of in the year one thousand eight

hundred and before me personally came

who is known to me to be the individual described in, and who executed the fore-
going instrument, and acknowledged that he executed the same as his free act and
deed.

(Signature.)
(155.)

Discharge and Satisfaction of Mortgage by a Corporation.

We, (the legal name of (he corporation) a corporate body existing within

and under the laws of the State of

Do liereby Certify, That a certain mortgage, bearing date the
day of in the year one thousand eight hundred and

made and executed by (here stale lite name of the mortgagor, and describe

the mortgage briefly') and recorded in the office of the register in and for the
County of in lib. of mortgages, page on the

day of is paid.

In Witness Whereof, The said corporation has caused its corporate seal to
be hereunto affixed, this day of in the year

one thousand eight hundred and

(Signature of attorney.') (Seal of corporation.')
Witnessed by

STATE OF )

[-83.

COUNTY OF )

On the day of in the year one thousand

eight hundred and before me personally came

to me known, who, being by me duly sworn, did depose and say, that he resided in
the city (or town) of that he is the attorney and president (or

other officer) of the said corporation ; that he knew the corporate seal of the said
corporation, and that the seal affixed to the foregoing instrument was such corpo-
rate seal ; that it was affixed by him by order of the said corporation, and that he
signed his name thereto by the like order.

(Signature.)

(156.)

Release of a Part of the Mortgaged Premises.

This Indenture, Made the day of in the

year of our Lord cue thousand eight hundred and between

(name, residence and occupation of the mortgagee and releasor) party cf the first



FORMS OF MORTGAGES, ETC. 515

part, and (name, residence and occupation of the mortgagor to whor. t'^ release

is given) party of the second part :

Whereas, The said party of the second part, by indenture of mortgage, bear-
ing date the day of one thousand eight

hundred and for the consideration therein mentioned, and to

secure the payment of the money therein specified, did convey certain lands and
tenements, of which the lands hereinafter described are part, unto the said party
of the first part,

And Whereas, The said party of the first part, at the request of the said
party of the second part, has agreed to give up and surrender the lands hereinafter
described unto the said party of the second part, and to hold and retain the residue
of the mortgaged lands as security for the money remaining due on the said mort-
gage: Now this indenture witnesseth, that the said party of the first part, in
pursuance of the said agreement, and in consideration of to him

duly paid at the time of the ensealing and delivery of these presents, thd" receipt
whereof is hereby acknowledged, has granted, released, quitclaimed and set over,
and by these presents does grant, release, quitclaim, and set over, unto the said
party of the second part, all that part of the said mortgaged land (here describe
carefully and accurately all that part of the mortgaged land which i' is intended to
release, distinguishing it from that which is retained)

Together with the hereditaments and appurtenances thereto belonging ; and
all the right, title and interest of the said party of the first part, of, in and to the
same, to the intent that the lands hereby conveyed may be discharged from the
said mortgage, and that the rest of the lands in the said mortgage specified may
remain to the said party of the first part as heretofore. To have and to hold the
lands and premises hereby released and conveyed, to the said party of the second
part, and his heirs and assigns to his and their only proper use, benefit and behoof
forever, free, clear and discharged of and from all lien and claim, under and by
virtue of the indenture of mortgage aforesaid.

In Witness Whereof, The said party of the first part has hereunto set his
hand and seal on the day of in the year

(Signature.) (Seal.)
Executed and delivered in presence of



STATE OF

88.

COUNTY OF

On the day of in the year one thousand eight

hundred and before me personally came

who is known to me to be the individual described in, and who executed the fore-
going instrument, and acknowledged that he executed the same as his free act and
deed. (Signature.)



516 MORTGAGES OP LAND.

(157.)
Deed extending a Mortgage. i

This Indenture, Made this day of A.D. 18

by and between (name, residence, and occupation of the mortgagee) the owner

and holder of a certain promissory note (or bond) for the principal sum of
dollars, given by (name of mortgagor) and secured by a mortgage of certain real
estate in in the County of and State of

dated day A.D. 18 ,

and recorded in Registry of Deeds, for the County of

lib. foL party of the first part, and the said

(name of mortgagor) party of the second part,

"Witnesseth, That the said parties, for themselves and their representatives,
hereby mutually agree that the tune for the payment of the principal of said note
and mortgage debt shall be and the same is hereby extended for the term of
years from the day of A.D.

18 , and that the same is to bear interest from said date at the rate of
per cent per annum, payable on the day of

and the day of in every year, until said

principal sum shall be fully paid.

And the said party of the second part hereby covenants and agrees that he will
not require the holders of said note and mortgage to receive payment of said mort-
gage debt during said extended term ; that he will punctually pay the interest now
due, and to grow due thereon, at the tunes and at the rate aforesaid ; that he wil)
keep the mortgaged premises hi good repair, and insured against fire, and the taxes
thereon duly paid, according to the provisions of said mortgage, and that at the
expiration of said extended term he will pay the said mortgage debt, with
all interest then due thereon.

It is expressly understood and agreed that nothing herein contained shall be con-
strued to impair the security of said party of the first part, or his executors, admin-
istrators, or assigns, under said mortgage, or to affect or impair the lien on the real
estate therein described which he has by virtue of said mortgage, nor affect or im-
pair any rights or powers which he may have under the said note and mortgage
for the recovery of the mortgage debt, with interest, in case of non-fulfilment of thia
agreement, or of any of the provisions hereof, by said party of the second part.

In Witness "Whereof, The said parties have hereunto set their hands and

seals the day and year first above written.

(Signature of mortgagee.) (Seal.)
(Signature of mortgagor.) (Seal.)
Signed, Sealed and Delivered in Presence of

Commonwealth of 88. 18 Personally

appeared the above-named and acknowledged the above
instrument to be their free act and deed.

Before me, (Signature.)



LEASES. 517



CHAPTER XXXI.



A LEASE is a contract whereby one party (the tenant) takes the
possession of the land and all that is on it, and the other party (the
landlord) gives possession of the land, and reserves (that is, agrees
to take) a rent, which the tenant pays him by way of compensation.

All things usually comprehended under the words " house,"
" farm," " land," " store," &c., pass to the tenant, where such words
are used, unless there be an express exception. And inaccuracies
as to qualities, names, measurements, or amounts, will be corrected,
if there be enough in the lease to ^ake the purposes and intentions
of the parties certain. And letting to hire any thing to be used car-
ries with it all those appurtenances and accompaniments necessary
for the proper use and enjoyment of the thing which belong to the
letter.

A landlord is bound to put his lessee into possession with good
title. If he covenants " to renew " generally, this means a renewal
of the lease on the same terms, but without inserting in the new
lease another covenant of renewal.

A landlord is under no legal obligation to repair the house, unless
he expressly agrees to do so. If the house is never so much dilapi-
dated and disfigured as to paper, paint, &c., and locks and blinds
and doors and windows are out of order, and the like, the tenant
can claim nothing of the landlord. Even if it becomes wholly un-
inhabitable by no fault of the house or of the landlord, as if it
burns up, or is blown down, or if the overflow of a stream ruins a
field or a farm, still the landlord is not bound to do any thing, unless
by special agreement.

But if the house is uninhabitable by its own fault, as if it has a
noisome and unwholesome stench, or, according to one case, if it be
overrun with rats, or so decayed as to. be open to the weather, it
would seem to be the law of this country, that the tenant may leave
the house ; always provided, however, that the objection or defect be



518 LEASES.

not one which the tenant knew or anticipated, or would have known
or expected if he had made reasonable inquiry and investigation
before he took his lease. And perhaps no tenant can leave his
house, or refuse or abate his rent, for any objection or difficulty
arising after he hires the house. But, strange to say, the important
question what the tenant's rights are in such a case is still uncertain.

If the house be wholly destroyed, the tenant must still pay rent,
under an ordinary lease ; because the law looks upon the land as
the principal thing, and the house as secondary. And not only so,
but if the tenant covenants " to return and redeliver the house at
the end of the term, in good order and condition, reasonable wear
and tear only excepted," he would be bound under this agreement
to rebuild the house if it were burned down. But recently all well-
drawn leases have clauses providing that the rent shall cease or be
abated while the premises are uninhabitable from fire or any other
unavoidable calamity. A similar exception is added to the clause
about returning the house, at the end of the lease. If this excep-
tion be in, a tenant is not bound to rebuild, even if the house be
burned through the carelessness of himself or his servants.

A tenant of a room, or of a suite of chambers, is entitled to the
use of all the appurtenances and accommodations which fairly go with
it, as of the front door and entry, water-closets, and of all windows,
<fec., proper to the enjoyment of what he hires. But an express
agreement about all these things, and cellar-room, pump, and the
like, is always safest.

The tenant is not bound to make general repairs without an
express agreement. But he must make such as are necessary to
preserve the house from injury, as from rain, if shingles or slates
are blown off or glass broken. And he would be bound even for
ornamental repairs, as paper and paint, under a covenant to return
" in good order."

The tenant of a farm is bound, without express covenants, to
manage and cultivate the same in such a manner as good husbandry
and the usual course of management of such farms in his vicinity
would require.

The times for payment of rent are usually specified in the lease ,
if not, they would be governed by the usage of the country, if there
were any of sufficient distinction and force.



LEASES. 519

A tenant under a lease which says nothing a 3out underletting
has a perfect right to underlet, remaining himself bound for his
rent to his landlord.

A tenant is not responsible for taxes, unless it is expressly agreed
in the lease that he shall be.

If there be a clause prohibiting him from underletting or assign-
ing, and he agrees not to, nevertheless he may do so without for-
feiting the land ; but he will be, as before, liable for rent ; and
besides this, he will be responsible in an action for any damages
which the landlord can show that he has sustained by such under-
letting.

It is usual to go further in the lease than this, and provide that
such underletting shall make a forfeiture of the lease, and authorize
the landlord to enter upon the premises and turn the tenant out.
Where there is this covenant, if the tenant now underlets, the land-
lord cannot avail himself of the clause of forfeiture and afterwards
hold the tenant for his rent. He may either hold him for his rent,
and also for damages, or he may terminate the lease ; but cannot do
both. That is, if he continues to hold the tenant responsible for
rent, he cannot prevent the tenant's letting somebody else occupy
the house and pay to him (the tenant) the rent which he pays over.

A tenant of a farm, if his lease is terminated by any event which
was uncertain, and which he could neither foresee nor control, is
entitled to the annual crop which he sowed while his interest in and
right to the farm continued.

If a lease be for a certain time, the tenant loses all right or in-
terest in the land or premises when that time comes, and he must
leave, or the landlord may turn him out at once. But he is a
tenant at will, if he holds over after a lease with consent, or occu-
pies the land or house or store without a lease but with consent and
an oral bargain ; and a tenant at will cannot leave, nor can he
be turned out, without a notice to quit. The law on this subject is
not uniform. In general, however, it is this. If rent is payable
quarterly, or not more frequently, then there must be a quarter's
notice. If rent is payable oftener, then the notice must be as long
as the period of payment. Thus, if rent is payable monthly, there
must be a month's notice ; if weekly, a week's notice. But the



520 LEASES.

notice must terminate on a day when the rent is payable. It may
be given at any time, but operates only after the required interval
or period between two payments. Thus, if a tenant whose lease
terminates on the 31st of December holds over by consent, and pays
rent quarterly, and the landlord wishes that he should leave the
house on the last day of September, he may give notice on the pro-
ceding 30th day of June, or any day preceding that. But if he gives
notice on any day before the 30th of June, the tenant will still have
a right to stay until the 30th of September. Properly, the notice
should specify the day, and the right day, when the tenant must
leave ; and should be in writing.

Where the rent is in arrear, the notice to quit maybe more brief;
the statutes of the different States vary on this point, but a frequent
period is fourteen days. And if notice to quit is given because the
rent is unpaid, it may be given at any time, and will operate at
the end of the period which the law designates; but it should
specify the day on which the tenant must quit.

A tenant may give notice of his intention to quit, and generally
it will be subject to the same rules already stated in reference to
the notice given by a landlord. A tenant should give his notice
to the party to whom he is bound to pay rent, or to an authorized
agent of that party.

Fixtures.

It is quite important that both tenant and landlord should have
some knowledge of the law of fixtures ; for this tells them what
things the tenant may take away and what he cannot. For there
are many things which a tenant may add, and afterwards remove,
and many which he cannot remove. The method of affixing them
may be a useful criterion, as it indicates the purpose of removal or
otherwise. If with screws, or in such a way as to show that re-
moval was intended, things may be taken away, when, if the same
things were fastened more permanently, they could not be. In
modern times the rule in favor of the tenant seems to extend as far
as this : whatever he has added, and can remove, leaving the prem-
ises entirely restored and in as good order as if he had not removed



FIXTUBES. 521

it, that he may take away. Among the things held to be remova-
ble, in different adjudged cases, are these : ornamental chimney-
pieces ; coffee-mills ; cornices screwed on ; furnaces ; fire-frames ;
stoves ; iron backs to chimneys ; looking-glasses ; pumps ; gates ;
rails and posts ; barns or stables on blocks.

Among those held not removable are these : barns fixed in tlio
ground ; benches fastened to the house ; trees, plants, and hedges,
not belonging to a gardener by trade ; conservatory strongly affixed ;
glass windows ; locks and keys.

But almost every one of these might be removable, or not, accord-
ing to the intent of the parties, and the rule above stated, of remov-
ableness with or without injury.

If a man sells a house, the law of fixtures is construed far more
severely against him than against a tenant who leaves a house ; that
is, the seller must permit the buyer to hold a great many things
which an outgoing tenant might remove. Of course, a seller may
take what he will from his house before he sells it, or make what
bargain the parties choose to make about the fixtures. But if he
makes no such bargain, and sells the house, he cannot then take
from the house what a tenant who put them there might take.

In favor of trade and manufactures, the law permits almost any
thing which was put in by a tenant for such purposes to be taken
away, if the premises can be restored substantially to their original
condition.



The remarks in respect to the variety of forms which will be
found at the close of the chapter on deeds of land, are equally ap-
plicable to forms of leases, and should be read in connection with
the following forms.

(158.)
A Short Form of a Lease.

This Indenture, Made the day of in the

year of our Lord one thousand eight hundred and sixty-

Witnesseth, That I, (name and residence of the lessor) do hereby lease,

demise, and let unto (name and residence of lessee) a certain parcel of land, in the
city (or town) of County of and State of

with all the buildings thereon standing, and the appurtenances to the same belong-



522 LEASES.

ing, bounded and described as follows (or, a certain house in said city, givs.g the
street and number, with the land under and adjoining the same)

(The premises need not be described quite so minutely or fuUy as is proper in
a deed or mortgage of land, but must be so described as to identify them perfectly, and
make it certain just what premises are leased.)

To Hold for the term of from the day of

yielding and paying therefor the rent of

And said lessee does promise to pay the said rent in four quarterly payments
on the day of , (or state otherwise just when the

payments of rent are to be made) and to quit and deliver up the premises to the
lessor or his attorney, peaceably and quietly, at the end of the term, in as good
order and condition, reasonable use and wearing thereof, fire and other unavoida-
ble casualties excepted, as the same now are or may be put into by the said lessor,
and to pay the rent as above stated, and all taxes and duties levied or to be levied
thereon, during the term, and also the rent and taxes, as above stated, for such
further time as the lessee may hold the same, and not make or suffer any waste
thereof; nor lease, nor underlet, nor permit any other person or persons to occupy
or improve the same, or make or suffer to be made any alteration therein but with
the approbation of the lessor thereto, in writing, having been first obtained ; and
that the lessor may enter to view, and make improvements, and to expel the lessee,
if he shall fail to pay the rent and taxes as aforesaid, or make or suffer any strip
or waste thereof.

In Witness Whereof, The said parties have hereunto interchangeably set
their hands and seals the day and year first above written.

(Signature.) (Seal.)
(Signature.) (Seal.)

Signed, Sealed and Delivered in Presence of



. (159.)
A fuller Form, witJi a Provision for Abatement of Kent.

This Indenture, Made this day of in the

year of our Lord one thousand eight hundred and by and between

(name and residence of lessor) and (name and residence of lessee)

Witnesseth, That the said (name of lessor) does hereby lease, demise,

and let unto the said (name of lessee) (describe the premises as directed in

Form 158, leases)

To Hold for the term of commencing the

day of A.D. one thousand eight hundred and

the said lessee or those claiming under him, yielding and paying rent therefor, the
sum of for each and every year, and after the same rate

for any part of a year.



FORMS OP LEASES. 523

And the said lessee for himself, his heirs, executors and administrators, does
hereby covenant to and with the said lessor, and his heirs and assigns, that he or



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 52 of 70)