ments or instruments in addition to these presents or in substitution therefor, as may hereafter be necessary to carry out the purpose and intent hereof.

In Testimony Whereof, The Virginia Consolidated Milling Company has caused these presents to be signed by its president and its corporate seal to be hereto affixed, attested by its secretary, and the parties of the first and second parts have hereto affixed their hands and seals, this day of 19-.

(Construed in Wright v. Davis (Va.), 133 S. E. 659.)

President.

Form 3360.

Oil and Gas Lease.

This agreement made and entered into this -day of

A. D. 19-, by and between

and - of the county of Cook, and State of Illinois, of the first part, and Rock Oil Co. of the second part, witnesseth:

Grant and purpose.

That the said parties of the first part, for and in consideration of the agreements hereinafter mentioned, have granted, demised and let unto the party of the second part for the purpose and with the exclusive right of drilling and operating for petroleum and gas, all that certain tract of land situated in township, Liberty, county, Delaware, and State of Indiana, bounded and described as follows, to wit:

Premises granted.

and

Being in section number 35, township number 21, range numeast by west by lands of

ber 11 east, bounded north by lands of

lands of, south by lands of — and

containing 120 acres, be the same more or less, together

with the right of way over said premises to the places of operating, the right to lay pipes to convey water, oil and gas, and the right to remove any machinery or fixtures placed on said premises by the party of the second part.

Term of lease.

The party of the second part is to have and to hold the said premises for and during the term of five years from the date hereof, and as much longer as oil or gas are found in paying quantities or the rental paid thereon.

Reservation.

The said first parties shall fully use and enjoy said premises for farming purposes, except such parts as may be necessary for said operations.

Consideration.

In consideration of said grant and demise, the said party of the second part agrees to give or pay to the said parties of the first part, the full equal one-sixth part of all the oil produced or saved from the premises, and to deliver the same, free of expense, into tanks or pipe lines to the credit of the first parties.

If gas only is found the party of the second part agrees to pay to the parties of the first part fifty dollars ($50.00) per year for the product of each well while the same is used off the premises.

Lessors use of gas.

It is agreed that the first parties may have gas free of cost for household use on the premises so long as this lease is in force; and there shall be no wells drilled within 300 feet of the buildings now on the premises, without consent of the first parties.

Damages for delay.

It is further agreed, that the party of the second part shall complete a well on the described premises, within one year from the date above, or in default thereof pay to the parties of the first part for such delay a yearly rental of $60.00 on the said premises from the time of completing such well, as above specified, until such well shall be completed. The said yearly rental shall be deposited to the credit of the parties of the first part in the Citizens' Bank, Muncie, Indiana, or be paid direct to first parties. And a failure to complete such well, or to pay said rental shall render this lease null and void. The party of the second part agrees to drill an oil or gas well within one year from the

above date or forfeit to the parties of the first part fifty dollars ($50.00). The party of the second part agrees to pay rental on all lands at rate of 50 cents per acre, as above described, excepting forty (40) acres for each well drilled, or abandon same.

Party of the second part agrees to pay a reasonable damage done fences, growing crops, and timber, while operating.

All rentals shall be paid annually on or before July 1st.

It is understood between the parties of this agreement, that all the conditions between the parties hereunto shall extend to their heirs, executors and assigns.

In Witness Whereof, etc.

(Construed in Campbell v. Rock Oil Co., 151 Fed. 191.)

Form 3361.

Notice to Remove Property on Expiration of Lease.

Pennsylvania Railroad Company.

Philadelphia, Pa.,, 19-.

Mr. Robert C. Clowry, President Western Union Tel. Co., New York City.

My Dear Sir: In pursuance of action taken by the board of directors of this company on —, 19—, I send the enclosed notice. Kindly acknowledge receipt and oblige,

(Signed.)

Yours very truly,

Secretary.

To the Western Union Telegraph Company: You are hereby notified to remove within six (6) months from the day of

19-, all of your poles, wires and property from the right of way and property of this company and of the other companies named in a certain agreement between this company and you dated the day of, A. D. 19 (a copy whereof is hereto attached), or named in any addition, or additions, supplement or supplements, written or verbal, to said contract, and to leave the property of this company and of the other companies referred to in good condition and free from the encumbrance of your said poles, wires, and other property, to the satisfaction of the general manager of this company. And you are also notified that if not so removed and such property left in said good condition by you, this company will, at your expense, cause your said poles, wires and other property occupying the right of way

or property of this and the other companies referred to, to be removed and said property left in good condition free from the encumbrances of the said wires, poles, and other property, to the satisfaction of the general manager of this company.

In Witness Whereof, the said the Pennsylvania Railroad Company has caused its corporate seal to be hereunto affixed, duly attested by the signature of its proper officers, this day of

A. D. 19-.

(Construed in Western Union Telegraph Co. v. Pennsylvania R. Co., 123 Fed. 33.)

Form 3362.

Forfeiture of Lease-Stockholders' Resolutions.

Whereas, under indenture made the

day of day of, 19—, between this company and the Lehigh Valley Traction Company a lease was duly executed, wherein the Lehigh Valley Traction Company, lessee, agreed among other things to pay as rental or compensation for the use of the property of this company, certain amounts representing five per cent. of the bonds of the company, and a dividend of five per cent. on the capital stock thereof:

And whereas under the same indenture, it was provided that if the lessee shall make default in the payment of the said rental and such default continue for a period of thirty days after time for such payment, it is the right of this company to declare said lease forfeited and at an end, and if within thirty days after notice of such intended forfeiture the lessee does not make the payments, or perform the covenants as to which it has so defaulted, then this lease shall be ended and determined.

And whereas, the payment of the semi-annual dividend of two and one-half per cent. on the capital stock due and payable the , 19, was passed and default made therein and

still remains unpaid.

Therefore Resolved, That this company so notify the lessee that this default was made and still exists, and that unless

payment be made within 30 days from this date, the lease shall be and is hereby declared forfeited and at an end and this company will enter in and take possession of its property again and make claim for such defaulted payments and such other damages as may have been sustained by reason of such lease and forfeiture.

Now, therefore, you are hereby notified that the said Bethlehem and Nazareth Passenger Railway Company, through its stockholders, has this day by resolution declared said lease forfeited and at an end, and that the said Bethlehem and Nazareth Passenger Railway Company will enter in and take possession of its property again, with the same effect as if the said lease in the foregoing preamble and resolution recited, had never been entered into and made, and will make claim for such defaulted payments and such other damages as it may have sustained by reason of such lease and forfeiture, unless payment be made within thirty days from the service of this notice, of all defaulted rentals and interest, and other damages that may have been sustained by the said Bethlehem and Nazareth Passenger Railway by reason of said default.

(See Johnson v. Lehigh Valley Traction Co., 130 Fed. 932.)

Form 3363.

Lease-Cancelation Agreement.

Chicago, Illinois.

For a valuable consideration, it is hereby mutually covenanted and agreed that the term of the lease bearing date the day of described as

day of

, A. D. 19-, for the premises known and shall cease and terminate absolutely or the A. D. 19; and the lessor- right of re-entry in said lease reserved shall accrue on said last mentioned date as fully as it would or could have done had said lease been allowed to expire by lapse of time.