money is to be paid), with interest at a certain promissory note

by the said mortgagor, whereby he said sum and interest at the time shall remain in full force and virtue.

per cent, then this deed, as also bearing even date herewith, signed promises to pay the said mortgagee the aforesaid, shall both be void; otherwise,

AND PROVIDED, ALSO, That until default by the said mortgagor, or his executors and administrators, in the performance of the condition aforesaid, or of some part thereof, it shall and may be lawful for him or them to keep possession of the said granted property, and to use and enjoy the same; but in case of such default, or if the same or any part thereof shall be attached, at any time before payment as aforesaid, by any other creditor or creditors of the said mortgagor, or if the said mortgagor, or his executors or administrators, shall attempt to sell the same, or any part thereof, without notice to the said mortgagee, or his executors, administrators, or assigns, and without his or their assent to such sale in writing expressed, or shall remove the same, or any part thereof, from the place in which they now are, without such notice and assent, then it shall be lawful for the said mortgagee, or his executors, administrators, or assigns, to take immediate possession of the whole of said granted property, to his and their own use.

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, this day of in the year of our Lord one thousand eight

hundred and sixty

Executed and delivered in presence of

(73.)

(Signature.)

(Seal.)

A MORTGAGE OF PERSONAL PROPERTY, WITH A POWER OF SALE.

KNOW ALL MEN BY THESE PRESENTS, That I (name of mortgagor), of in the county of

the town (or city) of

in consideration of

of mortgagee), of the town (or city) of

and State of dollars to me paid by (name

in the county of

and State of the receipt whereof is hereby acknowledged, do hereby grant, bargain, and sell unto the said (name of mortgagee) and his assigns, for ever, the following goods and chattels, to wit (list or schedule, as in Form 71).

TO HAVE AND TO HOLD all and singular the said goods and chattels unto the mortgagee herein, and his assigns, to their sole use and behoof for ever. And the mortgagor herein, for himself and for his heirs, executors, and administrators, does hereby covenant to and with the said mortgagee and his assigns, that said mortgagor is lawfully possessed of the said goods and chattels, as of his own property; that the same are free from all incumbrances; and that he will warrant and defend the same to him the said mortgagee and his assigns against the lawful claims and demands of all persons.

PROVIDED, NEVERTHELESS, That if the said mortgagor shall pay to the mortgagee, on the day of in the year

the sum of

dollars, then this mortgage is to be void; otherwise,

to remain in full force and effect.

AND PROVIDED, FURTHER, That until default be made by the said mortgagor in the performance of the condition aforesaid, it shall and may be lawful for him to retain the possession of the said goods and chattels, and to use and enjoy the same; but if the same or any part thereof shall be attached or claimed by any other person or persons at any time before payment, or the said mortgagor or any person or persons whatever, upon any pretence, shall attempt to carry off, conceal, make way with, sell, or in any manner dispose of the same or any part thereof, without the authority and permission of the said mortgagee or his executors, administrators, or assigns, in writing expressed, then it shall and may be lawful for the said mortgagee, with or without assistance, or his agent or attorney, or his executors, administrators, or assigns, to take possession of said goods and chattels, by entering upon any premises wherever the same may be, whether in this county or State, or elsewhere, to and for the use of said mortgagee or his assigns. And if the moneys hereby secured, or the matters to be done or performed, as above specified, are not duly paid, done, or performed at the time and according to the conditions above set forth, then the said mortgagee, or his attorney or agent, or his executors, administrators or assigns, may, by virtue hereof, and without any suit or process, immediately enter and take possession of said goods and chattels, and sell and dispose of the same at public or private sale; and after satisfying the amount due, and all expenses, the surplus, if any remain, shall be paid over to said mortgagor or his assigns. The exhibition of this mortgage shall be sufficient proof that any person claiming to act for the mortgagee is duly made, constituted, and appointed agent and attorney to do whatever is above authorized.

IN WITNESS WHEREOF, The said mortgagor has hereunto set his hand and seal, this in the year of our Lord one

day of

thousand eight hundred and

(Signature of mortgagor.)

Signed, sealed, and delivered in presence of

(Seal.)

STATE OF

COUNTY S

This mortgage was acknowledged before me, by (the mortgagor), this

(74.)

(Signature.)

A MORTGAGE OF PERSONAL PROPERTY, WITH A POWER OF SALE.

ANOTHER FORM.

KNOW ALL MEN BY THESE PRESENTS, That I (name and residence of mortgagor), in consideration of the sum of to me paid by (name and residence of mortgagee), the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bar

gain, and sell, unto the said (name of mortgagee), the following named and described articles of personal property; that is to say (here follows the list or schedule and description of the articles mortgaged, as in Form 71).

TO HAVE AND TO HOLD all and singular the said goods and chattels unto the said (name of mortgagee), and his executors, administrators, and assigns, to his and their sole use for ever. And I, the said mortgagor, for myself and my executors and administrators, do covenant to and with the said mortgagee and his executors, administrators, and assigns, that I am lawfully possessed of the said goods and chattels, as of my own property; that the same are free from all incumbrances; and that I will, and my executors and administrators shall, warrant and defend the same to the said mortgagee and his executors, administrators, and assigns, against the lawful claims and demands of all persons.

PROVIDED, NEVERTHELESS, That if the said mortgagor, or his executors or administrators, shall well and truly pay unto the said mortgagee, or his executors, administrators, or assigns, the sum of then this deed, as also a certain promissory note bearing even date herewith, signed by the said mortgagor, whereby he promises to pay the said mortgagee the said sum and interest at the time aforesaid, shall both be void; and otherwise they shall remain in full force and virtue.

AND PROVIDED, ALSO, That until default by the said mortgagor, or his executors and administrators, in the performance of the condition aforesaid, or of some part thereof, it shall and may be lawful for him or them to keep possession of the said granted property, and to use and enjoy the same; but in case of such default, or if the same or any part thereof shall be attached at any time before payment as aforesaid, by any other creditor or creditors of the said mortgagor, or if the said mortgagor, his executors or administrators, shall attempt to sell the same or any part thereof without notice to the said mortgagee or his executors, administrators, or assigns, and without his or their assent to such sale in writing expressed; or shall remove the same, or any part thereof, from the place where they now are, without such notice and assent, then it shall be lawful for the said mortgagee, his executors, administrators, or assigns, to take immediate possession of the whole of said granted property to his or their own use, and to sell and dispose of the whole or of so much of said granted property at public auction as shall produce a sum of money sufficient to pay and discharge the above-mentioned debt or liability, with interest, and all costs and charges of keeping and selling the same, and all just and equitable liens then existing thereon, without further notice or demand, except giving days' notice of the time and place of said sale to said mortgagor or his legal representatives; and after the said debt or liability, with interest, costs, charges, and liens, shall be so discharged and satisfied, the surplus of the money arising from said sale, and the residue of said granted property, shall be paid and restored to said mortgagor or his legal representatives, discharged from all claim under this mortgage.

IN TESTIMONY WHEREOF, I,

the said (name of mortgagor),

have hereunto set my hand and seal, this
in the year of our Lord one thousand eight hundred and

Executed and delivered in presence of

day of

CHAPTER VIII.

LETTING AND HIRING OF REAL

PROPERTY.

LEASES.

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 agrees to pay him by way of compensation.

99.66

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 make the purposes and intentions of the parties certain. And letting to hire any thing to be used carries with it all those appurtenances and accompaniments necessary for the proper use and enjoyment of the thing which belong to the lessor.

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 dilapidated 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 uninhabitable 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, and is entitled to his rent under a common lease. Leases usually now provide for such cases.

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 if it be 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 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 exception 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, &c., proper to the enjoyment of what he hires. But an express agreement about these things, and celar-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 proper 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 distinctness and force.

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

If there be a clause prohibiting him from underletting or assigning, and he agrees not to, nevertheless he may do so without