Renewal Lease.

as shall be ascertained and determined in the manner aforesaid, or to pay unto the said party of the second part, his executors, administrators or assigns, the value of the said house, which value shall be ascertained as aforesaid. And it is further mutually covenanted and agreed, by and between the parties aforesaid, that whenever the said parties of the first part, their successors or assigns, shall refuse to grant a renewal of this lease as aforesaid, the said house shall be valued and paid for as aforesaid: Provided always, that the party of the second part, his executors, administrators or assigns, shall not be compelled to surrender the premises until such payment be made or tendered. And it is further mutually covenanted and agreed, by and between the parties aforesaid, that in case the said parties of the first part, their successors or assigns, shall at the expiration of the term to be granted by the first renewal of this lease, or at the expiration of any term which may be granted thereafter, by any subsequent renewal thereof, elect and choose to pay unto the said party of the second part, his executors, administrators or assigns, the value of the said house to be ascertained as aforesaid, and shall actually make such payment or tender the same, he, the said party of the second part, his executors, administrators or assigns, shall then deliver up the said house in the same order and condition in which it was at the time of its valuation as aforesaid, and also all and singular other the premises hereby demised, into the hands and possession of the said parties of the first part, their successors or assigns, without fraud or delay. And lastly, it is mutually covenanted and agreed, by and between the parties aforesaid, that each renewed lease shall contain the like covenants, provisoes and conditions, as herein contained, except as regards the erection of any house or building on the said demised premises. IN WITNESS [etc., as in Form 1028].

1046. Renewal Lease.

all that certain lot

WHEREAS the said parties of the first part, by indenture dated the day of 18 did grant and demise unto of land hereinafter described for the term of twenty-one years, from the day of then next, subject to certain rents, covenants and conditions therein reserved and expressed. And among other things it was thereby agreed, that in case of the erection on the said lot of land of a building of such description as is therein specified, the said parties of the first part should, at the expiration of the said term, grant a new lease of the said lot for the further term of twenty-one years, at an annual rent to be agreed upon or ascertained as is therein mentioned, and with such covenants, conditions and provisoes to be therein inserted as are hereinafter contained. And whereas a building has been erected on the said lot of land of the description mentioned in the said lease, according to the terms thereof, whereby the said party of the second part is entitled to a renewal of the said lease for such further term, at an annual rent hereinafter reserved, and now in the manner prescribed by the said lease, payable half yearly, and subject to the covenants, conditions and provisoes hereinafter contained.

Now, THEREFORE [proceeding as in preceding form].

Building Lease.

1047. Lease by a Municipal Corporation for Purposes of a Fair, Lessees Covenanting to Erect Building.

THIS INDENTURE, made this day of

one thousand eight hundred and between the mayor, aldermen and commonalty of the city of New York, parties of the first part, and Y. Z., of said city, party of the second part.

WHEREAS a certain resolution was heretofore adopted by the common council of said city, and approved by the mayor of said city, on the day of

which said resolution is as follows: "Resolved, that the free use and sole occupation of the ground known as Reservoir Square, belonging to the corporation of the city of New York, and bounded [etc.], be, and the same is hereby granted to Y. Z. and his associates for the term of five years, if required and used by them for the purpose hereinafter mentioned for that period; if not for the period of time, they may use the same not beyond five years from the adoption of this resolution, said Y. Z. and his associates paying therefor the rent of one dollar per annum, whereon to erect a building of iron and glass for the purpose of an Industrial Exhibition of all Nations, in pursuance of the prayer of the petitioner, annexed, provided that the price of admission to said building for individuals shall at no time exceed fifty cents. Now THIS INDENTURE WITNESSETH, that the said parties of the first part have letten, and by these presents do grant, demise and to farm let unto the said party of the second. part, the free use and sole occupation of that part of the ground known as Reservoir Square, which is particularly designated, being colored pink on a map hereto annexed, drawn by city surveyor, dated [etc.], which said map is considered a part of this indenture, said portion of said ground measuring [etc.], for the purpose of erecting thereon a building of iron and glass for the purpose of an Industrial Exhibition of all nations, pursuant to the prayer of said Y. Z. heretofore presented to the said common council, and on file in the office of the clerk of said common council, for the term of five years, if required and used by the said party of the second part for the purpose herein before mentioned for that period; if not for the period of time he may use the same for said purpose, not beyond five years from the said day of one thousand eight hundred and at the yearly rent or sum of one dollar per annum, to be paid in equal quarter-yearly payments; and it is agreed, that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said parties of the first part to re-enter the said premises,/ and to remove all persons therefrom. And the said party of the second part doth hereby covenant to pay to the said parties of the first part the said yearly rent as herein specified; and it is expressly understood and agreed, and this indenture is upon the express condition that the said party of the second part and his associates, shall and will erect upon the said premises, such a building as is described in the petition and resolution aforesaid, and that the price of admission to said building for individuals shall at no time exceed fifty cents; and that at the expiration of the said term, the said party of the second part shall quit and surrender the premises

Farm Lease on Shares.

Surrender..

hereby demised, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted; and the said parties of the first part do covenant, that the said party of the second part, on paying the said yearly rent, and performing the covenants and agreements aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid.

IN WITNESS [etc., as in Form 1028].

1048. Covenants in a Farm Lease on Shares.

And the said party of the second part hereby covenants and agrees, to and with the party of the first part, that he will occupy, till and in all respects cultivate the premises above mentioned, during the term aforesaid, in a husbandlike manner, and according to the usual course of husbandry practised in the neighborhood; that he will not commit any waste or damage, or suffer any to be done; that he will keep the fences and buildings on the said premises in good repair, reasonable wear thereof and dam-、 ages by the elements excepted; and that he will deliver to the said party of the first part, his heirs, executors or administrators, or to his or their order, one equal half of all the proceeds and crops produced on the said farm and premises aforesaid, of every name, kind and description,-to be divided on the said premises, in the mow, stack, or half-bushel, according to the usual course and custom of making such divisions in the neighborhood, and within a reasonable time after such crops shall have been gathered and harvested.

It is further agreed between the parties hereto that the party of the first part shall provide one equal half of all seed or seeds necessary to be sown or planted on said premises, and pay all taxes and assessments upon the same; that the party of the second part is to do, or cause to be done, all necessary work and labor in and about the cultivation of the said premises; that he is to have full permission to inclose, pasture or till and cultivate the said premises, so far as the same may be done without injury to the reversion, and to cut all necessary timber for firewood, farming purposes and repairing fences; and that he is to give up and yield peaceable possession of the said premises at the expiration of his said term.

1049. Surrender of a Lease Indorsed Thereon.

KNOW ALL MEN by these presents, that I, Y. Z., the within-named lessee [or, assignee of the within named lessee], in consideration of dollars, to me in hand paid, do, for myself, my executors and administrators, bargain, sell, surrender and yield up, from the day of the date hereof, unto the within-named Y. Z., lessor [or other owner of the reversion], and his heirs [or, his executors and administrators], the within indenture of lease, and the lands and premises therein mentioned, and the term of years therein yet to come, with all my right, title and interest thereto, and that free and clear of all encumbrances of what kind soever, at any time, by me, or by my privity, consent or procurement, done, committed or suffered. IN WITNESS [etc., as in Form 1028].

Legislation.

CHAPTER LV.

LEGISLATION.

Notice of application.-By the statutes of New York,(a) it is required that all persons applying to divide or alter the bounds of any county, city or village; or to erect a new county; or to incorporate a new city or village; for the removal of any courthouse; or the imposing of a tax for making or improving a road; or for any other local purpose, in any county, where all or any of the inhabitants of such county are proposed to be taxed; for a release of lands escheated to the State; for the passage of laws authorizing the construction of dams in or across the streams or waters of this State, which are, by law, public highways;-shall give notice of such intended application by advertisement, to be published for at least six weeks successively, immediately before such application or before the first day of the session at which the same is to be made, in a newspaper printed in the county, or in each of the counties where the objects of such application are intended to be carried into effect, and also in case of intended application for the imposition of any tax as aforesaid, in the State paper.

Every association intending to apply to the Legislature for an act of incorporation, and every corporation intending to apply for an alteration, amendment or extension of its charter, shall cause the like notice of such application to be published in the State paper, and also in a newspaper printed in the county in which such corporation is intended to be, or shall have been established.

If no newspaper be printed in a county in which any notice is required to be published, such notice shall be published in like manner, in the place nearest thereto in which a newspaper shall be printed.

If the application be for an act of incorporation, the notice shall specify the amount of the capital stock requisite to carry the objects of such incorporation into effect; and if the application be for an alteration in any charter already granted, the notice shall state specifically the alteration intended to be applied

for.

The notice of all other applications, of which notice is required to be given, shall specify the nature and objects of such intended applications.

It is held, however, that the omission to give such notice does not affect the validity of such an act, if it be passed by the Legislature without the notice; and if it could, the notice might be presumed to have been given, in the absence of evidence to the contrary.(b)

Private bills.-The constitution(c) provides that no private or local bill shall embrace more than one subject, and that shall be expressed in the title. The intent of this is to prevent the uniting of various objects having no necessary or natural connection with each other in one bill, so as to combine various interests in support of the passage of the whole bill.(d) Where the object of a bill is single and entire, provisions incidental thereto need not be expressed in the title, but the title should indicate the general scope and object.(e)

(a) 1 Rev. Stat., 155.

(b) Smith v. Helmer, 7 Barb., 416.

(c) Const. of N. Y., art. 3, § 16.

(d) Conner v. Mayor, etc., of N. Y., 5 N. Y. (1 Seld.), 285.

(e) Brewster v. City of Syracuse, 19 N. Y., 116; Mosier v. Hilton, 15 Barb., 657; People v. Lawrence, 86 Ib., 177.

1050. Notice of Application to the Legislature.

NOTICE is hereby given, that an application will be made to the Legislature of the State of New York, at the session commencing on the

day

for [here state the nature and objects, as above required].

A. B., of

C. D., of

1051. Petition for the Enactment of a Law.

To the Legislature of the State of

:

THE PETITION of the undersigned, citizens [and taxpayers] of said State, respectfully shows.

[Here state facts.]

WHEREFORE, your petitioners ask the enactment [here state what is de

sired].

[Date.]

[Signatures.]

1052. Remonstrance Against a Pending Bill.

To the Legislature of the State of New York:

THE UNDERSIGNED, citizens [and taxpayers] of the city of New York, respectfully remonstrate against the passage of any bills now pending before the Legislature, by which the franchise or right of constructing railroads in the city of New York is granted to private individuals.

This remonstrance is on the ground that [setting forth the reason]. [Date.]

[Signatures.]

CHAPTER LVI.

LETTERS OF CREDIT.

LETTERS OF CREDIT are of two kinds, general and special. A special letter of credit is addressed to a particular individual by name, and is confined to him, and gives no other person a right to act upon it. A general letter, on the contrary, is addressed to any and every person, and therefore gives any person to whom it may be shown, authority to advance upon its credit. A privity of contract springs up between him and the drawer of the letter and it becomes, in legal effect, the same as if addressed to him by name.(a)

(a) Union Bank v. Coster, 3 N. Y. (3 Comst.), 208.