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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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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 55 of 70)
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(Signature of the lessor.) (Seal)
(Signature of the lessee.) (Seal.)

Signed, Sealed and Delivered in Presence of



(160.)

An Assignment of Lease, and Ground-Rent,

This Indenture, Made the day of in the year

of our Lord one thousand eight hundred and between (name and

residence of the assignor) party of the first part, and (name and residence of

the assignee") party of the second part, witncsseth, That the said party of the first
part, for and in consideration of the sum of dollars, lawful money

of the United States of America, unto him in hand well and truly paid by the said
party of the second part, at the time of the execution hereof, the receipt whereof
is hereby acknowledged, by these presents does grant, bargain, sell, assign, release,
and confirm unto the said party of the second part a certain indenture, made and
executed on the day of in the year of our Lord

eighteen hundred and whereby the said party of the first part leased to

one (name of the lessee in the lease here assigned') certain premises therein

described as follows (here copy the description of the premises in that lease) reserving
a certain rent, payable to said party of the first part ; that is to say (here slate the
rent reserved in that lease) payable (here stale the times and terms of payment)
together with the said rent to the said party of the first part, payable as aforesaid.

Together with all right and power of entry and distress and of re-entry, and
all other the covenants, ways, means, and remedies for the recovery thereof, and all
and singular the rights, incidents, and appurtenances whatsoever, thereunto belong-
ing, and the reversions and remainders thereof, and all the estate, right, title,
interest, property, claim, and demand whatsoever, of him the said party of the first
86



540 LEASES.

port, or his legal representatives, either in law or equity, as well of, in, and to the
said yearly rent or sum hereby granted and assigned, as also of, in, and to the
said lot or piece of ground, with the appurtenances, for and out of which
the same rent is issuing and payable. To have and to hold, receive and take, all
and singular the hereditaments and premises hereby granted and assigned, with the
rights, remedies, incidents, and appurtenances, unto the said party of the second
part, his heirs and assigns, to and for the only proper use and behoof of him the
said party of the second part, his heirs and assigns, forever. And the said party
of the first part, and his heirs, all and singular the hereditaments and premises
hereby granted and assigned, with the rights, remedies, incidents, and appurte-
nances, unto the said party of the second part, and his heirs and assigns, against him
the said party of the first part and his heirs, and against all and every other person
and persons whomsoever, lawfully claiming or to claim, by, from, or under him or
tbem, or any of them, shall and will warrant and forever defend by these presents.

In Witness "Whereof, The said parties to these presents have hereunto
interchangeably set their hands and seals the day and year hereinbefore first
written.

(Signature of the assignor.) (Seal)
(Signature of the assignee.) (Seal.)
Sealed and Delivered in the Presence of us,
( Witnesses.)

Received, the day of the date of the above indenture of the above-named
the sum of being the full consideration

money above mentioned.

(Signature of the assignor.)
(Witness.)

On the day of Anno Domini, 18 before

me, personally appeared the above-named (name of the

assignor) and in due form of law acknowledged the above indenture to be his free
act and deed, and desired the same might be recorded as such.

Witness my hand and seal the day and year aforesaid.

(Signature.) (Seal.)



(170.)

A Lease containing Chattel Mortgage Covenants, to secure tJie

Rent.

This Indenture, Made this day of in the year of

our Lord one thousand eight hundred and between (name arid

residence of lessor) of the first part, and (name and residence of the lessee) of



FOEMS OF LEASE&. 541

the second part, witnesseth, That the said party of the first part, for and in con-
sideration of the covenants and agreements hereinafter mentioned, to be kept and
performed by the said party of the second part, his executors, administrators, and
assigns, has demised and leased to the said party of the second part all those
premises situate, lying, and being in the City of in the County of

and in the State of known and described as follows, to wit

(he$e describe the premises as in Form 158)

To Have and to Hold The said above-described premises, with the appurte-
nances, unto the said party of the second part, his executors, administrators, and
assigns, from the day of in the year of our Lord one

thousand eight hundred and for and during, and until the

day of in the year of our Lord one thousand eight hundred and

And the said party of the second part, in consideration of the leasing
of the premises aforesaid, by the said party of the first part to the said party of the
second part, does covenant and agree with the said party of the first part, his heirs,
executors, administrators, and assigns, to pay the said party of the first part, as
rent for said demised premises, the sum of dollars, in four equal

quarterly payments of dollars each ($ ), payable (here

state the days ivhen the rent should be paid) at the house (or office or counting-room
or store) of said party of the first part, hi said city of

And it is further agreed by the said party of the second part, in consideration of
the leasing of the premises aforesaid, that the said party of the second part shall
and will pay, or cause to be paid, promptly, as soon as the same becomes due, all
assessments for water-rents that may be levied upon said demised premises during
the continuance of this lease, and save said premises and the party of the first part
harmless from all charges and expenses connected with the supply of water to said
premises. And the said party of the second part hereby covenants and agrees, in
case of default in the payment of any water-rent levied upon said premises during
said term, to pay unto said party of the first part, as liquidated damages for such
breach of covenant, double the sum of such rent so assessed upon said premises as
aforesaid.

And the said party of the second part further covenants with the said party of
the first part, that he will keep said premises in a clean and healthy condition,
in accordance with the ordinances of the city, and directions of the proper authori-
ties.

It is further agreed by the said party of the second part, that neither he nor his
legal representatives will underlet said premises or any part thereof, or assign this
lease, without the written assent of the said party of the first part first had and
obtained thereto.

This Indenture Further "Witnesseth, That the said party of the
second part, for and in consideration of the sum of (insert the whole sum to le

paid under the lease) dollars, in hand paid, the receipt whereof is hereby acknowl-
edged, does hereby grant, sell, convey, and confirm unto the said party of the first



542 LEASES.

part, hh heirs and assigns, all and singular the following-described goods and
chattels, to wit (here give a schedule or list of the articles, describing them suffi-
ciently)

Together with all and singular the appurtenances thereunto belonging or in
any wise appertaining : to have and to hold the same unto the said party of the
first part, his heirs, executors, administrators, and assigns, to his and their sole use
forever. And the said party of the second part, for himself and for his heirs,
executors, and administrators, does covenant and agree with the said party of the
first part and his heirs, executors, administrators, and assigns, that he is law-
fully possessed of the said goods and chattels as of his own property; that the same
are free from all incumbrances, and that he will, and his heirs, executors, and
administrators shall, warrant and defend the same unto the said party of the first
part, and his heirs, executors, administrators, and assigns, against the lawful claims
and demands of all persons.

Provided, Nevertheless, That if the said party of the second part, or his
heirs, executors, administrators, or assigns, shall well and truly pay, or cause to be
paid, unto the said party of the first part or his heirs, executors, administrators, 01
assigns, the said sum of dollars, rent, above reserved, punctually, and

in the manner and at the times and place above mentioned, then and from thence-
forth these presents, and every thing herein contained, shall cease, and be null and
void.

And Provided Also, That it shall be lawful for the said party of the second
part, his heirs, executors, and administrators, to retain possession of the said granted
goods and chattels, and at his own expense to keep and to use and enjoy the
same, until the said party of the second part, or his heirs, executors, administrators,
or assigns, shall make default in the payment of said rent above specified, at the
time or times, and in the manner hereinbefore contained, or unless the said party
of the first part shall fear diminution, removal, or waste for want of proper care, or
if the said party of the second part shall sell or assign, or attempt to sell or assign,
said goods and chattels, or any part thereof, or if any writ issued from any court
shall be levied on any part of the above-described goods and chattels that then,
and in any of the aforesaid cases, all of said sum of dollars, above

reserved as rent for said demised premises, shall become due and payable, and the
said party of the first part, his heirs, executors, administrators, and assigns, agents,
or attorneys, or any of them, may elect to take possession of the said property, and
for that purpose may pursue the same or any part thereof, wherever it may be
found, and also may enter any of the premises of the said party of the second pait.
with or without force or process of law, wherever the said goods and chattels may
be or be supposed to be, and search for the same, and, if found, to take possession
of and remove, and sell and dispose of said property, or so much thereof as may be
necessary to pay the rent due, and the balance of rent for the whole unexpired
term, whether due or not due, at public auction, to the highest bidder, after giving
ten days' notice of the time, place, aud terms of sale, together with a descrip-



FOEMS OF LEASES. 543

tion uf the property to be sold, either by publication in some newspaper in the city
of or by similar notices posted up in three public places in the vicinity

of such ale, or at private sale, with or without notice, for cash or on credit, as the
said party of the first part, or his heirs, executors, administrators, or assigns, agents
or attorneys, or any of them, may elect , and out of the money arising from such
sale, to retain, first, all costs and charges for pursuing, searching, taking, removing,
keeping, storing, advertising, and selling of such property, goods, chattels, and
effects, and all prior liens, together with the rent due and the balance of rent for
the whole unexpired term, whether due or not due, rendering the overplus of the
money arising from such sale, and the remainder of said goods and chattels, if any
there shall be, unto the said party of the second part, or his legal representatives.

It is Expressly Understood and Agrreed, by and between the parties
aforesaid, that if the rent above covenanted to be paid, or any part thereof, shall be
behind or unpaid on the day of payment whereon the same ought to be paid, as
aforesaid, or if default shall be made in any of the covenants herein contained, to
be kept by the said party of the second part, his executors, administrators, and
assigns, it shall and may be lawful for the said party of the first part, his heirs, ex-
ecutors, administrators, agent, attorney, or assigns, at his or their election, to declare
said term ended, and into the said demised premises, or any part thereof, either
with or without process of law, to re-enter, and that said party of the second part,
or any other person or persons occupying, in or upon the same, to expel, remove, and
put out, using such force as may be necessary in so doing, and the said premises
again to repossess and enjoy, as in his or their first and former estate, and to dis-
train for any rent that may be due thereon, upon any property belonging to the said
party of the second part, whether the same be exempt from execution or distress by
law or not, and the said party of the second part, hi that case, hereby agrees to
waive all legal right which he may have to hold or retain any such property, under
any exemption-law now in force in this State, or in any other way. And if at any
time said term shall be ended at such election of said party of the first part, or his
heirs, executors, administrators, or assigns, as aforesaid, or in any other way, the said
party of the second part, or his executors, administrators, or assigns, does hereby
covenant and agree to surrender and deliver up said above-described premises and
property, peaceably, to said party of the first part, or his heirs, executors, adminis-
trators, and assigns, immediately upon the determination of said term as aforesaid,
and if he shall remain in possession of the same after such default, or after the ter-
mination of this lease in any of the ways above named, he shall be deemed guilty
of a forcible detainer of said demised premises, and shall be subject to all the con-
ditions and provisions above named, and to eviction and removal, forcibly or other-
wise, with or without process of law, as above stated.

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

(Signature of lessor.) (Seal)

(Signature of lessee.) (Seal.)
In Presence of



544 LEASES.

STATE OF



>8S.



COUNTY OF

I, Justice of the Peace in and for said county, do hereby certify

that this lase and mortgage was duly acknowledged before me by the above-named
(name of lessee) this day of A.D. 18

(Seat)

(171.)
A Building Letter.

This Deed of Lease, Made and entered into, in duplicate, this
day of A.D. 186 , between (name of lessor) of

County of and State of party of the first part, and

(name of lessee) of County of and State of

party of the second part :

"Witnesseth, That the said party of the first part, in consideration of the
covenants, agreements, and stipulations hereinafter mentioned, as well as the
yearly rent of dollars, to be paid to him in four equal quarterly pay-

ments in each year (the first payment to be made on the day of

A.D. 186 ), doth by these presents lease to the said party of the second
p;irt for the term of years, which said term begins on the day

of 186 , the following-described lot of land, to wit (here describe the

premises as in Form 156)

The said party of the second part, for himself and his heirs, hereby covenants
with said lessor and his heirs to pay said rent as aforesaid, and also to pay all
city, county, and State taxes, and all other taxes and demands of every description,
nature, or kind whatever, which may from time to time be legally required or
demanded of said premises, whether general tax or special tax.

Every failure, first, to pay the said rent, or any part thereof, when it is respec-
tively made payable; or, second, to pay the said city, county, and State taxes, and
nil other taxes and demands, or any part thereof (legally required or demanded of
said premises, within the year the same shall become due, assessed to either said
lessor, his heirs or representatives, or to said lessee or his representatives) ; or,
third, to keep and perform any of the other covenants, agreements, or stipulations
herein mentioned, shall make and create a forfeiture of this lease, and a termination
of the term for which the above premises were let, and all the estate hereby con-
veyed shall be absolutely void, if so determined, at any day or time however distant,
after such failure, by notice in writing to that effect, given by said lessor, his heirs
or assigns, to said lessee or his assigns ; which said notice may be served by posting
a copy or duplicate of the same up at one of the most public places on said prem-
ises, or by delivering a copy or duplicate of such notice to said lessee or his assigns.

This lease of said premises, or any part thereof, is not to be assigned, under



FOEMS OF LEASES. 545

penalty of forfeiture, without the written consent of said lessor, his heirs or assigns.
At the expiration of this lease, the said premises to be delivered to said lessor, hig
heirs, or assigns. The said lessee, and all who hold under him, hereby engage to
pay double rent for every day they or any one else in their name shall hold on to
the whole or any part of said premises, after the expiration of this lease, or after
forfeiture thereof.

The said lessee is, under penalty of forfeiture, bound to keep said premises free
from any disorderly, bawdy, or gambling establishments, dram-shops, tippling-shops,
beer-houses, or any nuisances whatsoever. And in case of any forfeiture of this
lease, the said lessor, his heirs, and assigns, may forthwith take possession of said
premises, with all the improvements thereon, and shall be entitled to the same, any
custom, usage, or law, to the contrary notwithstanding.

All improvements erected on said premises by said lessee or his assigns, or by
any one who may claim under them, are bound for the payment of each quarterly
instalment of rent, and for the city, county, and State taxes, and all other taxes
and demands as aforesaid, and for any arrears of rent or taxes ; and in case of the
punctual payment of the rent and taxes, as herein specified, the said lessee or his
assigns is hereby authorized to remove all such improvements (and no others), at
the expiration of this lease, which he or any one who may claim under him, may
have erected on said premises during said term.

In Testimony Whereof, The parties hereto have hereunto set their hands
and seals to duplicate leases the day and year aforesaid.

(Signature of lessor.) (Seal.)
(Signature of lessee.) (Seal.)

In Presence of

(172.)



This Indenture, Made this day of in the

year of our Lord one thousand eight hundred and between

(name and residence of the kssor) of the first part, and (name and residence

of the lessee) of the second part, witnesseth, That the said party of the first part,
for and in consideration of the covenants and agreements hereinafter contained on
the part of the said party of the second part, and of one dollar in hand paid to the
said party of the first part, the receipt whereof is hereby acknowledged, has granted
and conveyed, and by these presents does grant and convey to the said party of the
second part, his heirs, executors, administrators, and assigns, the right of entering
in and upon the lands hereinafter described, for the purpose of searching for min-
ral and fossil substances, and of conducting mining and quarrying operations, to
any extent he or they may deem advisable (but not to hold possession of any part
of saidMands for any other purpose whatsoever) paying for the site of buildings of
any kind, necessary thereto, a reasonable rent.



546 LEASES.

The said lands are situated (here state the situation of the premises leased, and
describe them by metes and bounds, dimensions, and references to other boundaries, so
as to distinguish them perfectly)

And the said party of the second part hereby agrees that he or his heirs, execu-
tors, administrators, or assigns will pay or cause to be paid to the said party of
the first part, his heirs or assigns, an annual rent of the amount of
dollars, iu four equal quarterly payments, payable severally on the following day 9
(here state tiie days when the payments are to be made, or whatever other terms or times
are agreed upon), and also covenants that no damage shall be done to or upon saia
lands aud premises, other than may be necessary in conducting said operations.
And it is agreed and covenanted by and between the parties hereunto, that this
lease shall be and remain hi full force and effect (subject to the proviso hereinafter
stated) years, from the date hereof, and no longer.

But the said parties of the first and the second part, each for themselves, their
heirs, executors, administrators, and assigns, covenant and agree, and this indenture
is made with this express proviso, that if no mineral or fossil substance be mined
or quarried, as now contemplated by said parties, within the period of
years, from the present tune, then these presents, and every thing contained herein,
shall cease and be forever null and void.

In Testimony Wliereof, the parties to these presents have hereunto set
their hands and seals the day and year first above written.

(Signature of lessor.) (Seal.)
(Signature of lessee.) (Seal.)
Signed, Sealed and Delivered in Presence of



(173.)
A Lease of Land supposed to contain Oil, Salt, or other Minerals.

Articles of Agreement, Made and concluded this day

of A.D. 186 , between (name of lessor) of the township of

County of and State of

party of the first part, and (name and residence of lessee) party of the second

part. Witnesseth, That the said party of the first part for himself and his heirs,
executors, administrators and assigns, for and in consideration of the sum of one
dollar, the receipt of which is hereby acknowledged, and for the further considera-
tion hereinafter mentioned, and on account of covenants hereinafter contained,
hereby leases to the said party of the second part, his heirs, executors, administra-
tors and assigns, the following-described piece or parcel of land, situated in the
township of County of and State of bounded

and described as follows (describe the premises as in the preceding Fcrm.) The said
land more full]' described in deed of conveyance by (name of the grantor to

the lesser) to th said party of the first part, containing acres,



FORMS OF LEASES, ETC. 547

more or less, for the purpose of boring, mining, and operating for oil, salt, and
other minerals on said land, for the term of years.

Said second parties to have the exclusive right to mine for oil, salt, and other
minerals, on said land, during the continuance of said term : to have the privilege
of taking sufficient coal and wood for conducting said boring and mining opera-
tions, and timber-for derricks and mill-frames and for refineries, and the right to
erect all necessary buildings upon said premises for carrying on the businesa of
boiing for oil, and mining, refining and storing away oil and other minerals ; and
to have the necessary roads to and from any well or wells that may be bored, or
any mines ; and to have possession whenever they shall be ready to commence
operations. And in case successful in obtaining oil or other minerals, agree to
deliver to the said party of the first part (here stale (he part or proportion which is
to be given to the lessor) of all oil, salt, or other minerals obtained. Said party of
the first part to find his own barrels, and remove the oil and other minerals be-
longing to him, as often as required by the second parties. And hi case said second
parties should not be successful in obtaining oil or other minerals, they shall hare
the right to remove all engines, tools, machinery, and buildings. And further, it is
agreed that said second parties have the right to sub-lease said land for the pur-
pose of boring for oil or other minerals ; the said lessee or lessees being granted
all the rights and privileges herein granted to the said party of the second part,

Witness our hands and seals this day of 186 .

(Signature of lessor.) (Seal.)
(Signature of lessee.) (Seal.)
Witnesses.

Personally appeared before me, a Justice of the Peaco

in and for the township of within the County aforesaid

and did acknowledge the signing and sealing of the above agreement to be
act and deed.

Given under my hand this day of 186 .

Justice of Hit Peace.



(174.)
An Assignment of a Lease*

Know all Men by these Presents, That I, (name and residence

of assignor) for and in consideration of the sum of dollars,

lawful money of tke United States, to me duly paid, by (name and residence

of assignee) have sold, and by these presents do grant, convey, assign, transfer and
set over, unto the said (name of assignee) a certain indenture of lease, bearing

date the day of in the year one thousand



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 55 of 70)