more or less, for the purpose of boring, mining, and operating for oil, salt, and other minerals on said land, for the term of years.

Said second parties to have the exclusive right to mine for oil, salt, and other minerals, on said land, during the continuance of said term: to have the privilege of taking sufficient coal and wood for conducting said boring and mining operations, and timber for derricks and mill-frames and for refineries, and the right to erect all necessary buildings upon said premises for carrying on the business of boring for oil, and mining, refining and storing away oil and other minerals; and to have the necessary roads to and from any well or wells that may be bored, or any mines; and to have possession whenever they shall be ready to commence operations. And in case successful in obtaining oil or other minerals, agree to deliver to the said party of the first part (here state the part or proportion which is to be given to the lessor) of all oil, salt, or other minerals obtained. Said party of the first part to find his own barrels, and remove the oil and other minerals belonging to him, as often as required by the second parties. And in case said second parties should not be successful in obtaining oil or other minerals, they shall have the right to remove all engines, tools, machinery, and buildings. And further, it is agreed that said second parties have the right to sub-lease said land for the purpose of boring for oil or other minerals; the said lessce or lessees being granted all the rights and privileges herein granted to the said party of the second part, Witness our hands and seals this

186

day of
(Signature of lessor.)
(Signature of lessee.)

(Seal.) (Seal.)

Witnesses.

Personally appeared before me,

in and for the township of

a Justice of the Peaco

within the County aforesaid

and did acknowledge the signing and sealing of the above agreement to be

lawful money

An Assignment of a Lease.

(name and residence dollars,

(name and residence

Know all Men by these Presents, That I, of assignor) for and in consideration of the sum of of the United States, to me duly paid, by of assignee) have sold, and by these presents do grant, convey, assign, transfer and set over, unto the said (name of assignee) a certain indenture of lease, bearing in the year one thousand

date the

eight hundred and

day of

lease assigned) whereby he leases to me the following-described premises (here

describe the premises briefly), with all and singular the premises therein mentioned and lescribed, and the buildings thereon, together with the appurtenances.

To Have and to Hold the same unto the said

(the name of the assignee) and his assigns, from the day of for and during all the rest, residue, and remainder yet to come of and in the term of years mentioned in the said indenture of lease, and all my rights and privileges in and under said lease; subject nevertheless to the rents, covenants, conditions and provisions therein also mentioned. And I do hereby covenant, grant, promise and agree, to and with the said (name of the assignee) that the said assigned premises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, and incumbrances whatsoever.

In Witness Whereof, I have hereunto set my hand and seal this day of one thousand eight hundred and

Sealed and Delivered in the Presence of

(Signature.) (Seal.)

(175.)

Landlord's Notice to quit for Non-Payment of Rent; Short Form.

To

STATE OF

SS.

A.D. 186

(name of tenant). You being in possession of the following-described premises, which you occupy as my tenant (here describe the premises sufficiently to identify them) in the city (or township) of and county

aforesaid, are hereby notified to quit and deliver up to me the premises aforesaid, in fourteen days from this date, according to law, your rent being due and unpaid. Hereof fail not, or I shall take a due course of law to eject you from the same. Witness.

(Signature.)

(176.)

Landlord's Notice to quit for Non-Payment of Rent; another

STATE OF

Form.

CITY OF

(date) 18

(state the situation

You are hereby notified to quit the premises situate of the premises, giving township or city, and street, and number) which I have leased to you, reserving rent, or pay and satisfy the rent due and in arrear, being $ which amount was due on the

day of

18 and is hereby demanded (you having neglected or refused to pay the amount so reserved, as often as the same has grown due, according to the terms of our contract, and

there being no goods on the premises adequate to pay the rent so reserved, except such articles as are exempt from levy and sale by the laws of this State) within days from the date hereof, or I shall proceed against you as the law Yours, &c.

directs.

To (name of tenant)

(177.)

(Signature.)

Landlord's Notice to pay Rent due, or quit.

STATE OF

COUNTY OF

(Name of landlord) landlord, against

SS.

(name of tenant) tenant.

Take Notice, That you are justly indebted unto me in the sum of

for rent of (home, store, or other premises, describing them generally) from (date when the rent was due and payable), which you are required to pay on or before the expiration of three days from the day of the service of this notice, or surrender up the possession of the said premises to in default of which

proceed under the provisions of law to recover the possession thereof.

Dated this

day of

18

shall

(Name of the landlord) Landlord.

To (name of the tenant) Tenant, in possession of the premises above specified.

To

(178.)

Landlord's Notice to leave at End of the Term.

(name and address of the tenant)

SIR,- Being in the possession of a certain messuage or tenement, with the appurtenances, situate (describe the premises briefly) which said premises were demised to you by me for a certain term, to wit, from the

day of

A.D. 18 and which said term will terminate and expire on the day and year last aforesaid, I hereby give you notice, that it is my desire to have again and repossess the said messuage or tenement, with the appurtenances, and I therefore do hereby require you to leave the same upon the expiration of the said hereinbefore mentioned term.

(179.)

Landlord's Notice to determine a Tenancy at Will.

STATE OF

SS.

A.D. 186

Το (name of tenant). You being in possession of the following-described premises, which you occupy as my tenant at will (describing them sufficiently to identify them) in the (city and street) aforesaid, are hereby notified to quit and deliver up to me the premises aforesaid (on such a day, stating here the day as far distant as is made necessary by the requisite length of notice) according to law, it being my intention to determine your tenancy at will. Hereof fail not, or I shall take a due course of law to eject you from the same.

(Witness.)

(180.)

(Signature.)

Receipt for Rent, in Use in New York.

Rent payable

The tenant mentioned below hereby agrees to pay the rent of the premises occupied and used by on the first day of the term; and engages to clean the entries, stairs, stoops, and privy thereof, weekly, in turn with other occupants, and not incumber the same with furniture, fuel, or rubbish, nor keep any hog, dog, or fowl, nor deposit ashes or garbage on said premises, nor in the sinks or privies, nor split wood on the hearth, floor, or yard.

MORTGAGES OF GOODS AND CHATTELS, OR PERSONAL PROPERTY.

It was said that mortgages are now often made of personal property. The instrument need not be so formal as a mortgage deed of land. Any instrument will answer the purpose, which would suffice as a bill of sale of the property, and which contains, in addi

tion to the words of sale and transfer, a clause providing for the avoidance of it when the debt is paid. I append to this chapter forms for this purpose.

When the mortgagor of personal property retained possession, it was formerly doubtful what security the mortgagee had. Now, however, it is generally provided by statute, that the mortgagor may retain possession, if the mortgage be recorded.

These instruments should always be recorded according to the provisions of the statute of the State in which they are made; although the general rule would apply to them, that they would operate without record, as to all parties having notice or knowledge of them.

The statutes respecting mortgages of personal property always provide for an equity of redemption, which is usually very much. shorter than that of land. A frequent period is sixty days. The requirements of the statute in respect to notice, foreclosure, &c., must be strictly followed.

It used to be thought that a personal mortgage might be made to cover property subsequently acquired by the mortgagee. Thus, a dealer in dry goods would mortgage all his stock to secure some creditor, and provide in the mortgage that it should operate upon all his goods and merchandise subsequently acquired by him. But it has been held that such a clause has no effect; because no man can make a mortgage of property which he does not own at the time.

The Pledge of Personal Property.

A PLEDGEE is bound to take ordinary (not extreme) care of the thing pledged; and if it be lost or injured for want of such care, he is answerable.

He cannot use it, except at his own peril; that is, he is liable for any injury caused by using it, even if it was not his fault. If the thing as a horse-needs use for its own safety, then the pledgee may use it for this purpose, and is liable only for an injury caused by his negligence.

He must account with the pledgor for the income, increase, or profits.