Short Forms of Lease. drance 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 relet 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 reentering, 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 further covenants, that he will not assign this lease or underlet the said premises, or any part thereof, to any person or persons whomsoever, without first obtaining the written consent of said party of the first part; and in case of not complying with this covenant, the party of the second part agrees to forfeit and pay to the party of the first part the sum of dollars, as and for liquidated damages, which are hereby liquidated and fixed as damages and not as a penalty. This lease is made and accepted on this express condition, that in case the party of the second part should assign this lease or underlet the said premises, or any part thereof, without the written consent of the party of the first part, that then the party of the first part, his heirs or assigns, in his option, shall have the power and the right of terminating and ending this lease immediately, and be entitled to the immediate possession of said premises, and to take summary proceedings against the party of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term. And it is further agreed, that in case the building on said premises shall, without any fault or neglect on his part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, the tenant shall not be liable or bound to pay rent to the lessors or owners thereof, for the time after such destruction or injury, and may thereupon quit and surrender possession of the premises.() IN WITNESS [etc., as in Form 1028]. [Security, if any, as in Form 1020 or 1027.] 1030. Another Form; With Provision for Re-Entry and Reletting, Tenant to Pay Water-Tax and Fire-Risk, and Have Privilege of Renewal. [As in Form 1028 to the *, continuing thus:] Provided, nevertheless, that if the rent, or any part thereof, shall be unpaid, on any day whereon the same ought to be paid, as aforesaid, or if the said premises shall become vacant during the term hereby granted, or if default shall be made in any of the covenants herein contained, on the part of the tenant, then it shall be lawful for the lessor or assigns, into and upon said demised premises, to re-enter and remove all persons therefrom, and to recover the possession thereof by legal proceedings; or to re-enter the same, and use such force for the purpose as he or they shall think fit, without being liable to any (f) See note (e), supra. Indenture. prosecution or indictment therefor, and the same repossess as in former estate; or, in case he or they shall think proper, may relet the same as agent of the tenant, in the name of the tenant, or of the lessor, applying the avails thereof first to the payment of the expenses of re-entering, and then to the payment of the rent reserved by this lease, and the balance, if any, to pay over to the tenant; and the tenant covenants to pay to the lessor any deficiency between the amount received on such reletting and the rent reserved by this lease. And it is further agreed, that in case of re-entry by the lessor, and whether he shall relet as agent of the tenant or not, that the tenant shall be liable to the lessor for a sum equal to the rent hereby reserved, and payable at the same periods, less any sum that shall be received by the lessor as rent of said premises for the said periods. And the tenant covenants not to assign or underlet the said premises, nor any part thereof, nor make any alterations therein, nor follow nor suffer to be carried on therein, any business other than and to keep the Croton fixtures on said premises in repair at his own expenses; and that after the day of he will permit the lessor, or any person by his order, to put a notice on said premises that the same are for sale or to let, and to keep the same on so long as the lessor shall think necessary; and after said day to permit applicants for the said premises freely to enter, examine and leave on week days, from P. M. And he further covenants to pay to the lessor as rent, in addition to that hereinbefore reserved, on the first day of August, in every year, a sum equal to that which shall be imposed as tax or rent for the Croton water; and in case the fire-risk on said premises shall be increased above what the insurance companies of the city of term hazardous, to pay a further sum, on the first day of , in every year that this shall occur, equal to the increased charge of insurance on a value of dollars. It is further agreed, that the lessor shall not be liable for any repairs to said premises, nor for any change in their condition; and that on the last day of the said term, or other sooner determination of the estate hereby granted, the tenant will peaceably and quietly leave and surrender the said demised premises in as good condition as they now are or hereafter shall be put, damage by fire and the elements excepted. And it is further agreed, that the tenant shall have the option of extending this lease for a further period of years, if the ground is not required by the lessors for their own use. IN WITNESS [etc., as in Form 1028]. A. M. till [Security, if any, as in Form 1020 or 1027.] 1031. Indenture of Lease. THIS INDENTURE, made the day of in the year one thousand eight hundred and between A. B., of in the county of and State of merchant, of the first part, and Y. Z., of in the said county, farmer, of the second part, WITNESSETH: That the said party of the first part, for and in consideration of the rents, covenants and agreements hereinafter mentioned, reserved and contained, on the part and Indenture of Lease. behalf of the party of the second part, his executors, administrators and assigns, to be paid, kept and performed, * has leased, demised and to farm let, and by these presents does lease, demise and to farm let, unto the said party of the second part, his executors, administrators and assigns, all [here insert description of premises]: TO HAVE AND TO HOLD the said above mentioned and described premises, with the appurtenances, unto the said party of the second part, his executors, administrators and assigns, from the day of one thousand eight hundred and for and during, and until the full end and term of years thence next ensuing, and fully to be complete and ended, yielding and paying therefor, unto the said party of the first part, his heirs or assigns, yearly, and every year, during the said term hereby granted, the yearly rent or sum of dollars, lawful money of the United States of America, in equal quarter [or, half] yearly payments— to wit, on the day of [naming the months intended], in each and every year during the said term: Provided always, nevertheless, that if the yearly rent above reserved, or any part thereof, shall be behind or unpaid, on any day of payment whereon the same ought to be paid, as aforesaid; or if default shall be made in any of the covenants herein contained, on the part and behalf of the said party of the second part, his executors, administrators and assigns, to be paid, kept and performed, then and from thenceforth it shall and may be lawful for the said party of the first part, his heirs or assigns, into and upon the said demised premises, and every part thereof, wholly to re-enter, and the same to have again, repossess and enjoy, as in his or their first and former estate, any thing herein before contained to the contrary thereof in any wise notwithstanding. AND THE SAID PARTY OF THE SECOND PART, for himself and his heirs, executors and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, by these presents, that the said party of the second part, his executors, administrators or assigns, shall and will, yearly, and every year, during the term hereby granted, well and truly pay, or cause to be paid, unto the said party of the first part, his heirs or assigns, the said yearly rent above reserved, on the days, and in the manner, limited and prescribed, as aforesaid, for the payment thereof, without any deduction, fraud or delay, according to the true intent and meaning of these presents: [if so agreed, add, and that the said party of the second part, his executors, administrators or assigns, shall and will, at their own proper costs and charges, bear, pay and discharge all such taxes, duties and assessments whatsoever, as shall or may, during the said term hereby granted, be charged, assessed or imposed upon the said described premises:] and that on the last day of the said term, or other sooner determination of the estate hereby granted, the said party of the second part, his executors, administrators or assigns, shall and will peaceably and quietly leave, surrender and yield up, unto the said party of the first part, his heirs or assigns, all and singular the said demised premises. AND THE SAID PARTY OF THE FIRST PART, for himself, his heirs and assigns, doth covenant and agree, by these presents, that the said party of the second part, his executors, administrators or assigns, paying the said yearly rent above reserved, and performing the covenants and agreements aforesaid, on his and their part, the Of Farm. Of Mill. said party of the second part, his executors, administrators and assigns, 1032. Landlord's Certificate of Letting Farm With Stock and Tools. THIS IS TO CERTIFY, that I have, this day of 18 let and rented unto Y. Z., of in the county of a certain farm situate in the town and county aforesaid, and bounded as follows [description]; with the appurtenances, and also with the use, profits and behoof of the following named stock and farming utensils, cattle, horses and stock now being or to be on the said premises within described, on and from the day of 18, during the time below stated-viz., one span of horses and two set of harness, one pair cattle, one lumber-wagon, and all the farming utensils on the said farm now remaining and being, and the sole and uninterrupted use and occupation thereof, for the term of from the day of 18, at the yearly rent of dollars, payable on the first day of January [with the refusal of the same for five years more at the same rent, upon said Y. Z. giving me notice in writing of his intention to renew the lease on or before the [Date.] day of 18 ]. [Signature.] 1032. Tenant's Certificate of Same. THIS IS TO CERTIFY, that I have, this day of 18, rented of A. B., of his farm [describing it], and have agreed to the following covenants-viz., that I will seed well with timothy and clover seed all the land west of the brook which is broken up; that I will leave the manure on the farm; that I will pay for the sawing of such lumber as may be needed on the farm, the logs being at the mill; that I will draw said lumber, and at my own expense construct a good fence therewith the whole length of the new road on the west side, on or before the day of 18 ; that I will pay or cause to be paid, the road and land tax on the same. I also promise to use the horses, oxen, wagons, sleighs and other tools carefully, and to return them in as good condition as they are now, the necessary wear excepted, together with possession of the farm and buildings, on the day of [Date.] 18 . [Signature.] 1033. Lease of Mill, With Proviso Suspending Rent in Case of Its Ceasing to Run. [As in other forms to the description of the premises, continuing thus:] the known and designated as the Ida Mills, in the city of ; together with 1 Lease of Mill. Of Cement Works. all the machinery now in the same belonging to the said party of the first part, and all stoves, boilers and fixtures, and every article now in the said mill which appertains to the same, and is necessary to its successful operation; and also all the dwelling-houses and storehouses used in connection with said mill, which now belong to the said party of the first part. And the said party of the first part further agrees to pay all taxes and insurances on said premises, and to furnish water-power, water-wheels, main-shafting and gearing sufficient at all times to keep in constant and full operation said mill, and all the running works of the same, and all machinery driven by water-power now in said mill. And the said party of the first part further agrees to secure to the said party of the second part the quiet and peaceable possession of all and every part of said premises, machinery and tools, and all grounds appertaining to said mill, and all passage-ways to and from the same which are now used and may be necessary for the accommodation of the same, for years from the first day of next. It is mutually understood and agreed between the parties hereto, that in case said mill should be necessarily stopped from casualty, or in case there shall be a want of or failure of water-power, the rent above mentioned to be paid shall cease, and not be chargeable during the continuation of such stoppage, want or failure. 1034. Lease of a Manufactory and Premises for Carrying On the Business of Making and Selling Cements. THIS INDENTURE, made this day of of the first part, and Y. Z., of 18 between A. B., of of the second part, WITNESSETH: That in consideration of the rent and royalties hereinafter reserved, and of the covenants hereinafter contained, and on the part of the said Y. Z., his executors, administrators and assigns, to be observed and performed, he, the said A. B., hereby grants and demises unto the said Y. Z., his executors, administrators and assigns-First, all that tenement chiefly used as an engine-house, situate in and fronting street in the city of which said premises are more particularly delineated in the map or plan hereto annexed, and therein colored blue; and the use and enjoyment of all the machinery, fixtures, implements, utensils and things which now are in or upon the said premises. And secondly, all and singular the manufactories, buildings, boiler-houses, kilns, erections, offices, buildings and premises situate between street and quay in the said city of , which said premises secondly herein before described are more particularly delineated in the said map or plan, and therein colored red; and the use and enjoyment of all the machinery, fixtures, implements, utensils and things which now are in or upon the said premises secondly hereinbefore described (excepting, nevertheless, and reserving unto the persons in favor of or to whom the same have previously to the date of these presents been excepted and reserved, their executors, administrators and assigns, all the rooms which form the upper story of the several buildings hereby demised, and the absolute use and enjoyment thereof, whether for the purposes of business or otherwise, and unto the same persons, their executors, adminis |