thereafter be exercised, and the amounts which have been paid by the party of the second part hereunder shall be retained by the party of the first part as the consideration for the granting of this option and the extensions thereof; and in the event of such forfeiture, the right of the party of the second part to the possession of said premises shall immediately cease, and all improvements placed on said premises by said party of the second part shall forthwith become vested in the party of the first part, and said party of the first part may re-enter said premises and remove all persons therefrom.

In no event shall the party of the second part acquire any right or title in or to said premises, or any part thereof, either in law or equity, until the execution and delivery of the deed therefor.

Time is of the essence of this option and of all and singular its covenants and conditions.

Each and all of the covenants and conditions of this option and agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto.

In Witness Whereof, the said party of the first part has hereunto set his hand and seal, and the said party of the second part has hereunto caused its corporate name and seal to be affixed by its President and Secretary, thereunto duly authorized by resolution of its Board of Directors, the day and year herein first above written.

(Corporate Seal)

BUILDERS' WRECKING COMPANY,
By its President: ANDREW ADAMS.

By its Secretary: EBEN EDWARDS.
(Acknowledgments.)

FORM NO. 8-ASSIGNMENT OF CONTRACT OF SALE. KNOW ALL MEN BY THESE PRESENTS, that I, Alfred A. Spinks, of the County of Los Angeles, State of California, in consideration of the sum of One Hundred Dollars ($100.00), Gold Coin of the United States, to me in hand paid, receipt whereof is hereby acknowledged, do by these presents, sell, assign and transfer and set over unto Silas Shocking, that certain agreement of sale dated the 10th day of June, 1905, made between James A. Garfield, as party of the first part, and said Alfred A. Spinks, as party of the second part, and providing for the sale of Lots Five (5) and Six (6) of the West Adams Tract, in the said County of Los Angeles, State of California, which said agreement is recorded in the office of the County Recorder of said County of Los Angeles, in Book 30 of Miscellaneous Records, at page 20, to which said agreement and the said record thereof reference is hereby made as a part hereof; TO HAVE AND TO HOLD the same and the lands therein described unto the said Silas Shocking, his heirs and assigns, for his and their use and benefit, forever; subject, nevertheless, to the covenants, conditions and payments therein also mentioned; which payments and covenants the said Silas Shocking also hereby assumes and agrees to

fully satisfy and discharge, and to keep and save harmless the said Alfred A. Spinks of and from all personal liability therefor. And the said Alfred A. Spinks hereby fully authorizes and empowers the said Silas Shocking, upon his performance of the said covenants and conditions, to demand and receive of the said James A. Garfield the deed covenanted to be given in said contract, in the same manner, to all intents and purposes, as the said Alfred A. Spinks might or could do were these presents not executed.

In Witness Whereof, said Alfred A. Spinks has hereunto set his hand and seal this 23rd day of August, 1905.

(Signed) ALFRED A. SPINKS. (Seal) (Acknowledgment.)

FORM NO. 9—ASSIGNMENT TO BE ANNEXED TO INSTRUMENT. KNOW ALL MEN BY THESE PRESENTS, that I, Alfred A. Spinks, named in the annexed instrument, in consideration of the sum of One Hundred and Fifty Dollars, Gold Coin of the United States, to me in hand paid by Silas Shocking, of the City and County of San Francisco, and State of California, the receipt whereof is hereby acknowledged, do, by these presents, sell, transfer, assign and set over to the said Silas hocking, his heirs and assigns, the said instrument, and all my right, title and interest in and to the same, authorizing him in my name, or otherwise, but at his own cost, charge and expense, to enforce the same according to the tenor thereof, and to take all legal measures which may be proper or necessary for the complete recovery and enjoyment of the assigned premises.

In Witness Whereof, I have hereunto set my hand and seal this 16th day of December, in the year of our Lord, one thousand nine hundred and five.

ALFRED A. SPINKS. (Seal)

(Acknowledgment.)

FORM NO. 10-ASSIGNMENT INDORSED UPON AN INSTRU

MENT.

FOR VALUE RECEIVED, I do hereby sell, assign, transfer and set over to Silas Shocking, his heirs and assigns forever, all my right, title, and interest, in, to, and under the within instrument, and to the lands therein described.

Witness my hand and seal this fifth day of May, A. D. 1905.
ALFRED A. SPINKS. (Seal.)

(Acknowledgment.)

FORM NO. 11-TITLE BOND FOR MINING PROPERTY. KNOW ALL MEN BY THESE PRESENTS, that John Collins and Patrick Murphey, of the County of Lake, and State of Colorado, are held and firmly bound unto T. S. Eaton, his heirs, executors, administrators and assigns, in the penal sum of Five Thousand Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, executors and administra

tors, firmly by these presents. Witness our hands and seals this 30th day of January, A. D. 1905. THE CONDITION of the above obligation is such, That if the above bounden obligors, Collins and Murphey, shall, on the twentieth day of March, A. D. one thousand nine hundred and five, make, execute, and deliver unto the said T. S. Eaton, or to his assigns (provided that the said Eaton shall, on or before that dav have paid to the said obligors the sum of five thousand dollars, gold coin of the United States of America, or shall deposit said sum to their credit in the Banking House of First National Bank, in the City of Denver, Colorado, the price by said Eaton agreed to be paid therefor), a good and sufficient deed for conveying and assuring to the said T. S. Eaton, free from all incumbrances, the following described property lying, being and situate in the County of Gilpin and State of Colorado, to-wit: The "Bully Boy" mine, located by said Collins and Murphey January 2, 1905, as per location notice recorded in the office of the County Recorder of the County of Gilpin, in Book 10 of Mining Claims, at page 384, in Moctezuma Mining District, then this obligation to be void; otherwise to remain in full force and virtue.

JOHN COLLINS, (Seal)
PATRICK MURPHEY, (Seal)

Signed, Sealed and Delivered in Presence of:

DENNIS FEARON,

THEO. EINSTEIN.

FORM NO. 12.-COPY OF RESOLUTION OF BOARD OF DIRECTORS OF CORPORATION, AUTHORIZING THE GIVING

OF AN OPTION.

RESOLVED, That the Blue Bird Oil Company, a corporation, give Bernard Baker & Co., real estate brokers, the exclusive option and privilege of purchasing from this corporation, at any time on or before ninety days from the 21st day of January, 1905, all that certain lot, piece or parcel of land, situate, lying and being in the County of Riverside, State of California, and bounded and particularly described as follows, to-wit:

(Description.)

For the sum of Five Thousand Dollars ($5,000), in United States gold coin, payable as follows: $500, upon the execution and delivery of said written option agreement, which said sum shall constitute a deposit and part payment in case said option shall be exercised within the time limited as aforesaid, and the remainder, to-wit: the sum of $4,500, to be paid upon the exercise of said option; said option agreement to provide that said deposit of $500 shall be forfeited to this corporation as liquidated and stipulated damages in the event said option shall not be exercised as hereinabove mentioned; this corporation, in event of consummation of sale, to furnish the purchaser an unlimited certificate of title, to be issued by the Riverside Abstract Company, showing said premises free and clear of all incumbrances. And the President and the Secretary of this corporation

be, and they are hereby, authorized and directed to execute and deliver, in the name, on behalf and under the corporate seal of this corporation, an option agreement as above provided, and in the event of consummation of sale, said President and Secretary are also likewise authorized and directed to execute and deliver to the purchaser a deed, grant, bargain and sale in form, of said above described property, and to execute all papers and perform any and all acts which are or may be necessary to effectuate the purposes of this resolution.

(Corporate Seal.)

(Certificate of Secretary: See Form No. 18.)

CHAPTER V. DEEDS.

Deed Defined-Essential Requisites of-Orderly Parts of The Several Kinds of Deeds-Two Estates in One Parcel of Land; Deeds Conveying Same-Control of Husband-Corporation Deeds-Ratification by Stockholders of Mining GroundAcknowledgment: Particulars as to Taking and Certifying Same-Delivery: Absolute and in Escrow-Recording: Object of the Recording Laws-What is Necessary to Entitle an Instrument to Record-Unrecorded Instrument Void, When-Who is a purchaser in Good Faith-Analysis of a Deed, Showing the Several Orderly Parts, With Examples of the Apt Words and Phrases Ordinarily Employed in Each Part, Exhibiting to the Reader of What the Several Parts Consist, and Enabling Him To See Them All, Lying Together, in Minute Detail, According to Some System-Comments on the Foregoing Analyzed Deed, and Explaining Fully as to Date, Parties, Recitals, Consideration, Operative Words, the Use of the Word "Grant," Description, the Three means of Ascertaining the Quantity of Land-Reservation, Habendum, Conditions, Covenants, Personal, and Running With the Land-Testatum Clause -Signature, Seal and Witnesses.

Note. See also chapter on "Making a Loan," wherein is given Forms of Deed of Trust, Mortgage, Etc., and Chapter on "Miscellaneous Matters Affecting Real Estate."

Sec. 80. A Deed is an executed contract in writing. It differs from some executed contracts in this respect, that it is signed ordinarily by only one of the parties. A deed, by the owner of land, duly signed and acknowledged by him and delivered to the grantee, conveying land to the latter in fee simple, is one of the most solemn of civil acts.

Sec. 81. The essential requisites or circumstances attending the execution of a deed, are:

(1.) The writing of the deed on paper or parchment.
(2.)

Parties competent to make a contract.

(3.) Sufficient consideration.

(4.) A description of the land conveyed sufficient to identify it.

(5.) The signing of the deed.

(6.) The delivery of the deed by the grantor to the grantee.

Sec. 82. The Orderly Parts of a deed are:

(1.) The Premises-The date; the names of the parties, the grantor and the grantee, and their places of residence; the recitals, if any; the consideration, and the receipt thereof. (2.) The granting clause, to indicate the estate transferred.

(3.) The description of the land.