No. 69.-Agreement to Let, with Covenant not to Underlet. This Agreement, made the sixteenth day of February, in the year one thousand eight hundred and fifty-one, between JOHN DOE, of the city of Brooklyn, in the county of Kings, and state of New York, of the first part, and RICHARD ROE, of the same place, of the second part Witnesseth, that the said party of the first part hath agreed to let, and hereby doth let, and the said party of the second part hath agreed to take, and hereby doth take, that certain lot or parcel of land lying and being situated on the north side of Franklin street, known and at present numbered as twenty-one, in the third ward of the city of Brooklyn aforesaid, together with the two-story brick dwelling and other appurtenances thereunto belonging, for the term of one year, to cominence on the first day of May, one thousand eight hundred and fifty-one, and to end on the first day of May, one thousand eight hundred and fifty-two. And the said party of the second part hereby covenants and agrees to pay unto the said party of the first part the yearly rent or sum of three hundred dollars, payable quarterly on the first days of August, November, February, and May, in each year, and to quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. And the said party of the second part further covenants that he will not assign, let, or underlet, the whole or any part of the said premises, without the written consent of the said party of the first part, under the penalty of forfeiture and damages; and that he will not occupy the said premises, nor permit the same to be occupied for any business deemed extra-hazardous without the like consent, under the like penalty: and the said party of the second part further covenants that he will permit the said party of the first part or his agent to enter said premises for the purpose of making repairs or alterations, and also to show the premises to persons wishing to hire or purchase; and on and after the first day of February next will permit the usual notice of "to let" or "for sale" to be placed upon the walls of said premises, and remain thereon, without hinderance or molestation: and also, that if the said premises or any part thereof shall become vacant during the said term, the said party of the first part may re-enter the same, by either force or otherwise, without being liable to any prosecution therefor; and re-let the said premises as the agent of the said party of the second part, and receive the rent thereof, applying the same, first to the payment of such expense as he may be put to in re-entering, and then to the payment of the rent due by these presents; and the balance (if any) to be paid over to the said party of the second part. And the said party of the second part hereby further covenants that if any default be made in the payment of the said rent, or any part thereof, at the times above specified, or if default be made in the performance of any of the covenants or agreements herein contained, the said hiring, and the relation of landlord and tenant, at the option of the said party of the first part, shall wholly cease and determine; and the said party of the first part shall and may re-enter the said premises, and remove all persons therefrom; and the said party of the second part hereby expressly waives the service of any notice in writing of intention to re-enter. In witness whereof, &c. [as in No. 67]. In consideration of the letting of the premises above mentioned to the above-named RICHARD ROE, I do hereby covenant and agree, to and with the party of the first part above named, and his legal representatives, that if default shall at any time be made by the said RICHARD ROE in the payment of the rent and performance of the covenants above contained on his part to be paid and performed, that I will well and truly pay the said rent, or any arrears thereof, that may remain due unto the said party of the first part, and also all damages that may arise in consequence of the nonperformance of said covenants, or either of them, without requiring notice of any such default from the said party of the first part. Witness my hand and seal, this sixteenth day of Febru ary, one thousand eight hundred and fifty-one. JOHN STONE, Witness {JOHN SMITH. THOMAS SHARPE. No. 70.-Tenant's Agreement.* This is to Certify, that I have hired and taken of JOHN SMITH, of the village of Smithtown, in the county of Saginaw, and state of Michigan, a house and lot known as number twentyone, Smith street, in the village of Smithtown aforesaid, for the term of one year from the first day of June, one thousand eight hundred and fifty, at the yearly rent of two hundred dollars, payable quarter yearly. And I hereby promise to make punctual payment of the rent in manner aforesaid, and quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted, and engage not to let or underlet the whole or any part of the said premises, without the written consent of the landlord, under the penalty of forfeiture and damages; and also not to occupy the said premises for any business deemed extra-hazardous without the like consent, under the like pen alty. Given under my hand and seal, the tenth day of May, one thousand eight hundred and fifty. JOHN DOE (seal). JAMES SHORT, Witness {JOHN JONES. No. 71.-Landlord's Agreement. This is to Certify, that I have let and rented unto JOHN DOE, of the village of Smithtown, in the county of Saginaw, and state of Michigan, my house and lot known as number twenty-one, Smith street, in the village of Smithtown aforesaid, for the term of one year from the first day of June, one thousand eight hundred and fifty, at the yearly rent of two hundred dollars, payable quarter yearly. The premises are not to be used or occupied for any business deemed extrahazardous, on account of fire, nor shall the same or any part thereof be let or underlet without the written consent of the landlord, under the penalty of forfeiture and damages. Given under my hand and seal, the tenth day of May, one thousand eight hundred and fifty. JOHN SMITH. JAMES SHORT, Witness JOHN JONES. *If a surety is required, as security for the payment of the rent, the one appended to No. 69 can be added. No. 72.-Agreement for Letting, with Mortgage on Personal Property to secure the Rent. This Agreement, made the seventh day of July, in the year one thousand eight hundred and fifty, between JOHN DOE, of the city of Boston, in the county of Suffolk, and state of Massachusetts, of the first part, and RICHARD ROE, of the same place, of the second part Witnesseth, that the said party of the first part hath agreed to let, and hereby doth let, and the said party of the second part hath agreed to take, and hereby doth take [here describe the premises], for the term of three years, to commence on the first day of August, one thousand eight hundred and fifty, and to end on the thirty-first day of July, one thousand eight hundred and fifty-three. And the said party of the second part hereby covenants and agrees to pay unto the said party of the first part the yearly rent or sum of four hundred dollars, payable quarter yearly, that is to say, on the first day of November, February, May, and August, of each and every year, and to quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; and not assign, let, or underlet, the whole or any part of the said premises, or occupy the same for any business deemed extra-hazardous, without the written consent of the said party of the first part, under the penalty of forfeiture and damages. And the said party of the second part hereby further covenants, that if any default be made in the payment of the said rent, or any part thereof, at the times above specified, the said party of the first part shall and may re-enter the said premises, and remove all persons therefrom. And the said party of the second part, for the consideration aforesaid, and for the sum of one dollar to him paid by the said party of the first part, doth grant, bargain, and sell, unto the said parties of the first part, all and singular the goods and chattels mentioned in the schedule hereto annexed.* To have and to hold the said goods and chattels for ever: UPON CONDITION, that if the said party of the second part shall well and truly pay, or cause to be paid, unto *See page 50 for plan of schedule. the said party of the first part the rent above reserved punctually, at the several times when the same shall become due as aforesaid, then the said bargain and sale shall be null and void. But in case default shall be made in the payment of the said rent, or any part thereof, at the several times mentioned as aforesaid, and shall remain unpaid five days after the same becomes due and payable, then it shall be lawful for the said party of the first part to take possession of the said goods and chattels, wherever the same may be found, and to sell the same at public sale (first giving three days' notice of the time and place of such sale), 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, and all costs and expenses that may have accrued on account thereof, rendering the remaining goods and chattels, and the surplus money from said sale, if any there shall be, unto the said party of the second part. And it is further agreed between the parties to these presents, that in case the said party of the second part shall sell, assign, or dispose of, or attempt to sell, assign, or otherwise dispose of the said goods and chattels, or shall attempt to remove the same from the premises hereby demised to the said party of the second part, it shall and may be lawful for the said party of the first part to take possession of the same, and retain them in his possession until the said rent shall be paid, or until default in the payment thereof. But until default be made in the payment of the said rent, the said goods and chattels (unless the said party of the second part shall sell, or attempt to sell or remove the same, as aforesaid) shall remain in the possession of the said party of the second part. In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed, and deliv- JOHN DOE (seal). |