LEASE.

THIS INDENTURE, made the

in the

day of year of our Lord one thousand eight hundred and by and between A. B. and C. D., both of- in the county of, and state of Witnesseth,

That the said A. B. doth hereby lease, demise, and let unto the said C. D., [here describe the premises.]

To hold for the term of

years, from the

of ——, A. D. one thousand eight hundred and

sums of

on the

day of

day

; the

said lessee yielding and paying therefor the rent of dollars, for each and every year, and at the same rate for any part of a year. And the said lessee doth promise to pay the said rent in quarterly-yearly payments, in equal dollars, the first of which payments shall be A. D., one thousand eight hundred and 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 unavoidable 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 to make or suffer any waste thereof; mor lease, nor underlet, nor permit any other person or persons to occupy or improve the same, nor 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 and suffer any strip or waste thereof. In witness whereof, the said parties have set their hands and seals, on the day and year first above written, to this, and to another instrument of like tenor and date.

Executed in presence of

(L. s.)

A. B.
C. D.

(L. S.)

*A lease in Massachusetts, for a longer time than one year, may be in writing. If for seven years, or more, it must be executed and delivered in presence of a witness, acknowledged, and recorded in the Registry of Deeds.

In New York a lease of three years, or more, may be acknowledged, and must be recorded in the county where the premises are situated. In R. Island a lease for more than one year must be in writing, signed, sealed, delivered, and acknowledged, and recorded in the Office of Town Clerk.

No particular form of words is necessary for a lease; any expression, showing that one divests himself of possession, for a certain space of time, and another comes into it, is sufficient for the purpose.

COVENANTS WHICH MAY BE INTRODUCED INTO THE LEASE.

And the said Lessee further covenants and agrees with and to the said Lessor, his heirs and assigns, that he or others having an estate in the premises, will not keep or sell, or suffer to be kept or sold, any ardent spirits, nor will he use, or suffer, or permit the use of Camphene or Spirit Gas on the premises; and the said lessee further agrees, that he will in no way use or permit the use of any inflammable material whereby the risk from fire may be increased.

And inasmuch as the glass in the several windows of said premises are now entire and unbroken, the said lessee promises and agrees that in this particular the premises shall be restored to the lessor in the same condition.

Provided, however, that in case the premises, or any part thereof shall, during said term, be destroyed or damaged by fire or other unavoidable casualty, so that the same shall be thereby rendered unfit for use and habitation, then, and in such case, the rent herein before reserved, or a just and proportional part thereof, according to the nature and extent of the injury sustained, shall be suspended, or abated, until the premises shall have been put by the lessor or those having estate in the premises, in proper condition for use and habitation.

And the said C. D. doth hereby covenant and agree to and with the said A. B., that he, the said C. D., his executors, administrators, and assigns, shall, and will within months next

dol

after the date hereof, lay out and expend the sum of lars, in repairing the said tenement, hereby demised, [or shall, and will, at his own proper cost and charges, well and sufficiently put the said tenement hereby demised, in a good, sufficient, and tenantable repair, and particularly shall and will] (here mention the particulars agreed on.)

And in case the said rent or taxes shall be in arrear for the space, of one week, and the same shall have been duly demanded, on or after the day when the same shall have become payable; or if the lessee in case of his insolvency shall fail to give reasonable security for the payment of all sums then due, and thereafter to grow due, under this lease; the lessor, or those having an estate in the premises, whilst such neglect or default continues, may, without further notice or demand, enter upon the premises and expel the lessee and those holding under him, or may otherwise evict him or them without prejudice to any remedies which might otherwise be used for arrears of rent, or preceding breach of covenant; and thereupon the lessor may, at his discretion, re-let the premises at the risk of the lessee who shall remain (for the residue of said term) responsible for the rent herein reserved, and shall be credited with such amounts only as shall be, by the lessor, actually realized.

52

LANDLORD'S AND TENANT'S NOTICES.

Short Lease of a Room.

THIS INDENTURE WITNESSETH, That A. B., of ——————, in and state of, doth hereby deaforesaid, one room

the county of

mise and lease to C. D. of

number

in

in the second story of the house numbered street, in, aforesaid, for the term of

years from the date hereof.

To have and to hold the same, with the appurtenances thereto belonging, to him the said C. D., for the term aforesaid, yielding and paying therefor, the sum of dollars a year, payable quarterly, on the first day of January, April, July, and October, in each year. And the said C. D. hereby covenants to pay the said rent, and peaceably to yield up the possession of the premises at the end of the term aforesaid, in as good condition as they are now in, necessary decay, with good usage, only excepted; and to these conditions the said parties bind their heirs, executors, administrators, and assigns.

In testimony whereof, the said parties hereto set, &c.

MR. I. R. B., SIR, -You are hereby notified to quit and deliver up the possession of the house, Number in

street, B, which you have heretofore occupied as a tenant under me, on the first day of April next, that being the close of the quarter which commences this day. Jan. 1, 184–.

,

C. D.

*Notice to Quit, from the Tenant to the Landlord.

MR. C. D, SIR, I hereby give you notice, that I shall, on the day of -, quit possession of the

house which I now hold of you, in

street.

No.

in

March 31, 184-. Yours, &c.

I. R. B.

If the party receiving notice will not acknowledge it in writing, a new one should be delivered by a competent witness and a copy preserved

Form of Petition for enforcing the same in Massachusetts. To the Honorable Justice of the Court of Common Pleas, next to be holden at

County of

within and for the

Your petitioner, C. D., of in the county of mason, respectfully represents,

on the

day of

That he made a contract in writing with E. F. of —, merchant, dated at A. D. 18-, which was recorded in the Registry of Deeds of

*LIEN, signifies a claim or right annexed to, or attached upon any property, which a person has in his custody or possession belonging to another, for any demand due from the party who is the proprietor of such property.

A carrier may retain goods for his hire, also a wharfinger may retain goods brought to his wharf for the balance of a general account. Goods may likewise be detained for tonnage, salvage, freight or passage money.

A banker has a lien upon bills deposited with him for the balance of a general account. Insurance brokers have also a lien upon policies of insurance in their hands for all balances due to them.

A manufacturer who takes in goods for a particular purpose, as a dyer, a calico printer, a weaver, or a tailor, has a lien for the work done on the goods themselves, but he cannot retain them for any other demand against the owner of the goods.

Abstract of the Law of Mechanic's Lien on Buildings in Massachusetts.- Any person who has a written contract with the owner of a piece of land, to furnish labor or materials for erecting, or repairing any building, or the appurtenances of any building on such land, signed by the owner of the same, may have his contract recorded in the county where the land lies, and will thereby obtain a lien on the whole land, subject to such incumbrances by attachment, mortgage, or prior liens of the same kind, as may be upon the land at the time of recording the contract.

Sixty days after a payment becomes due, a petition setting forth, the contract, the breach of the same, and the description of the land, and praying an order of court for the sale of the premises to satisfy the lien, may be filed with the court of common pleas, or in the clerk's office, on which the court will order a notice to the adverse party, and others having liens of the same kind may also present their claims, and the court, if there be good cause, will order a sale of the premises to satisfy the incumbrances, in the order of their respective priority.

The sale of the premises must be by an officer, after notice, as in a sale of equity of redemption, and the premises may be redeemed within a year.

In the State of Maine, all persons furnishing materials, or labor, in building or repairing a vessel, may secure a lien by attachment within four days after said vessel is launched or repaired. And a lien on a house, or other building, can be secured by attachment within ninety days from the time the payment for such labor, or materials, became due.

In the State of New York, the contractor, laborer, or a furnisher of materials, in building a house, &c., must file, in the office of the clerk of the county, a copy of his contract, but if he have no written contract, he will file the specification of the work or materials, with the prices agreed on, and within twenty days after the contract, or commencement of the labor, &c., he will give notice thereof personally to the owner, or his agent. The lien will continue one year from the filing and serving of the notice.

State of Pennsylvania. In the cities of Philadelphia, Harrisburg, Pittsburg, and many counties, persons furnishing labor or materials for the erection of a house, or other building, have a lien for such work or materials furnished in its erection, for six months after the work is finished or the materials furnished, which may be continued five years by filing their claim in the office of the Prothon otary, and five years longer by legal process in the proper courts, and until satisfied.

sum of

lib.-, fol.-, one part of which contract is hereunto annexed, in which he engaged and covenanted with said E. F. to build a block of stores, in said contract particularly described, and to furnish all the lumber, stone, hardware and materials for building the same, upon a lot of land situated in - and bounded as follows; [here insert the boundaries] and the said E. F. in the said contract covenanted and agreed to and with your petitioner to pay him the dollars, for labor and materials in building the same, to be paid as follows: [insert the terms of payment] the said block of stores to be completed and finished on or before the A. D. 18-. And your petitioner avers that the same were built, finished, and completed, and ready for occupancy on the — day of A. D. 18-, which was within the time agreed upon in said contract. But your petitioner avers that said E. F. has not performed his covenants and agreements, and has not paid said several sums of money according to his covenants in this contract, but that there is the sum of- dollars now due on this contract and unpaid.

day of

Your petitioner therefore prays, that this Court may order the sale of the land afore-described, and the proceeds of such sale to be applied to the payment and discharge of his claim and demand of dollars, with interest from the time when the instalments became due, with the costs of this process, according to the statute. A. D. 18-.

Dated at

this

day of

Signed,

C. D.

MARRIAGE.*

A short form of Marriage, for a Justice of the Peace.

A. B. and C. D., in the presence of God, and of all persons here present as witness, present themselves to be

*No person may marry a grand parent, or a child of grand parent, except a child of an uncle or aunt, nor a wife's or husband's parent, grand parent, child or grand child.

In Massachusetts and several other states, marriages may be solemnized by a magistrate residing in the county where either of the parties live, or by an ordained minister, continuing to perform the functions of his office, residing within the state in the town where the minister, or either of the parties resides; but the parties cannot be married without the consent of parent or guardian, if the male be under 21, or the female under 18 years.