PERSON leasing real estate to another is ,\,k termed a landlord; the person occupying fej£* such real estate is known as a tenant. The person making the lease is known in law as the lessor; the person to whom the lease is made, as the lessee. No particular form of wording a lease is necessary. It is important, however, that the lease state, in a plain, straightforward manner, the terms and conditions of the agreement, so that there may be no misunderstanding between the landlord and tenant.

It is essential that the lease state all the conditions, as additional verbal promises avail nothing in law. It is held, generally, that a written instrument contains the details, and states the bargain entire, as the contracting parties intended.

The tenant can sub-let a part, or all, of his premises, unless prohibited by the terms of his lease.

A lease by a married woman, even if it be upon her own property, at common law, is not valid; but, by recent statutes, she, in many States, may lease her own property and have full control of the same; neither can the husband effect a lease that will bind her after his death. His control over her property continues only so long as he lives.

Neither a guardian nor a minor can give a lease, extending beyond the ward's majority, which can be enforced by the lessee; yet the latter is bound unless the lease is annulled.

If no time is specified in a lease, it is generally held that the lessee can retain possession of the real estate for one year. A tenancy at will.

however, may be terminated in the eastern States by giving three months1 notice in writing; in the middle and southern States, six months; and in the western States, one month; though recent statutes, in some States, have somewhat modified the above.

The lease that specifies a term of years without giving the definite number is without effect at the expiration of two years. A lease for three or more years, being acknowledged and recorded in the recorders office, is an effectual bar to the secret or fraudulent conveyance of such leased property; and it further obviates the necessity of procuring witnesses to authenticate the validity of the lease.

Duplicate copies of a lease should always be made, and each party should retain a copy of the same.

A new lease to the same person invalidates an old one.

A lease on property that is mortgfiged ceases to exist when the person holding such mortgage forecloses the same if it is prior to the lease.

A landlord, consenting to take a substitute, releases the first tenant

Where there is nothing but a verbal agreement the tenancy is understood to commence at time of taking possession. When there is no time specified in the lease, tenancy is regarded as commencing at the time of delivering the writings.

If it is understood that the tenant is to pay the taxes on the property he occupies, such fact must be distinctly stated in the lease, as a verbal promise is of no effect.

224

Lease of Dwelling-House for a Term of Years, with a Covenant not to Sub-let.

This Indenture, made this first day of May, 1873, between Hiram Wilcox, of Oxford, county of Benton, and State of Alabama, party of the first part, and Barton D. Maynard, of the same town, county and State, party of the second part:

Witnessetu, that the said party of the flrat part, In consideration of the covenants of the said party of the second part, hereinafter set forth, does by these presents lease to the said party of the second part the following-described property, to wit: The dwelling-house and certain parcel of land, situated on the south side of Main street, between Spring and Elm streets, known as No. 82 Main street.

To have and to hold the same to the said party of the second part, from the first day of May, 18T8, to the thirtieth day of April, 1875. And the said party of the second part, in consideration of the leasing the premises as above set forth, covenants and agrees with the party of the first part to pay the said party of the first part, as rent for the same, the sum of One Hundred and Eighty Dollars per annum, payable quarterly in advance, at the residence of said party of the first part, or at his place of business.

The said party of the second part further covenants with the party of the first part, that at the expiration of the time mentioned in this lease, peaceable possession of the said premises shall be given to said party of the first part, in as good condition as they now are, the usual wear, inevitable accidents, and loss by fire, excepted; and that upon the non-payment of the whole or any portion of the said rent at the time when the same is above promised to be paid, the said party of the first part may, at his election, either distrain for said rent due, or declare this lease at an end, and recover possession as if the same were held by forcible detainer; the said party of the second part hereby waiving any notice of such election, or any demand for the possession of said premises.

And It Is further covenanted and agreed, between the parties aforesaid, that said Barton D. Maynard shall use the above-mentioned dwelling for residence purposes only, and shall not sub-let any portion of the same to others, without permission from said Hiram Wilcox.

The covenants herein shall extend to and be binding upon the heirs, executors and administrators of the parties to this lease.

Witness the bands and seals of the parties aforesaid.

HIRAM Wilcox,-(seal)BARTON D. MAYNARD.-(seal)

Lease of Farm and Buildings Thereon.

This Indenture, made this first day of March, 1878, between Moses Waite, of the town of Doyleston, State of Pennsylvania, of the first part, and Abijah Hazelton, of the same place, of the second part:

WITNESSETH, that the said Moses Waite, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said Abijah Hazelton, his executors, administrators and assigns, to be paid, kept and performed; hath let, and by these presents doth grant, demise and let, unto the said Abijah Hazelton, his executors, administrators and assigns, all that parcel of land situate in Doyleston aforesaid, bounded and described as follows, to wit: [I/ere describe the land. ]

Together with all the appurtenances appertaining thereto. To have and to hold the said premises, with appurtenances thereto belonging, unto the said Hazelton, his executors, administrators and assigns, for the term of five years from the first day of April next following, at a yearly rent of Eight Hundred Dollars, to be paid in equal payments, semi-annually, as long as said buildings are in good tenantable condition.

Ami the said Hazelton, by these presents, covenants and agrees to pay all taxes and assessments, and keep in repair all hedges, ditches, rail, and other fences (the said Moses Waite, his heirs, assigns and

administrators, to furnish all timber, brick, tile and other materials necessary for such repairs.)

Said Hazelton further covenants and agrees to apply to said land, in a farmer-like manner, all manure and compost accumulating upon said farm, and cultivate all the arable land in a husband-like manner, according to the usual custom among farmers In the neighborhood; he also agrees to trim the hedges at a seasonable time, preventing injury from cattle to such hedges, and to all fruit and other tree? on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable laud, ploughing the same number of acres each spring of land now in grass, and hitherto unbroken.

It is further agreed, that if the said Hazelton shall fail to perform the whole or any one of the above-mentioned covenants, then and in that case the said Moses Waite may declare this lease terminated, by giving three months' notice of the same, prior to the first of April of any year, and may distrain any part of the stock, goods or chattel*, or other property in possession of said Hazelton, for sufficient to compensate for the non-performance of the above-written covenants, the same to be determined, and amounts Bo to be paid to be determined by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one, and the two so chosen to select a third; the decision of said arbitrators to be final.

In witness whereof, we have hereto set our hands and seals. Signed, scaled and dellv- )

ered in presence of V MOSES WAITE,~(",!AL>

H.uuiY Crawley. \ ABIJAH HAZELTON.-( Seal |

Landlord's Agreement.

This Certifies that I have let and rented, this first day of May, 1872, unto Dennis Holden, my house and lot, No. 18, North Frout street, in the city of Philadelphia, State of Pennsylvania, and its appurtenances; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of Twelve Hundred Dollars, to be paid monthly in advance; rent to cease If destroyed by fire, or otherwise made untenantable.

JONAS WHEELOCK.

Tenant's Agreement.

This Certifies that I have hired and taken from Jonas Wheeloclc, his house and lot. No. 18 North Front street, in the city of Philadelphia, State of Pennsylvania, with appurtenances thereto belonging, for one year, to commence this day, at a yearly rental of Twelve Hundred Dollars, to be paid monthly in advance: unless said house becomes untenantable from fire or other causes, in which case rent ceases; and I further agree to give and yield said premises one year from this first day of May, 1872, in as good condition as now, ordinary wear and damage by the elements excepted.

Given under my hand this day.

DENNIS HOLDEN.

Notice to Quit.

To Chandler Peck,

Sir:—Please observe that the term of one year, for which the house and land, situated at No. 14 Elm street, and now occupied by yourself, were rented to you, expired on the first day of May, 1873, and as I desire to repossess said premises, you are hereby requested and required to vacate the same.

Respectfully Yours, Newton, Mass. , May 4, 1873. DENSLOW MOORE.

Tenant's Notice of Leaving.

Dear Sir:—The premises I now occupy as your tenant, at No. 14 Elm street, I shall vncate on the first day of May, 1873. You will please take notice accordingly.

Dated this first day of February, 1873. To Denslow Moore, Esq. CHANDLER PECK.

T^ETTERS OF CREDIT are written papers )[•'/? authorizing credit to the amount named to ~*s^ the persons bearing them.

Such a letter is usually given by a banker, merchant, or other responsible man, to a distant banker or wealthy friend. The person bearing it may leave an equivalent with the party giving it, as a deposit of money, bonds, mortgages or stocks; or no security may be reqiired, as in the case of a son or other near relative, or of a very intimate friend. It must have the written signature of the person sending it, and be guarded in other ways, as are drafts, checks, etc. A copy of the letter, with a description of the person named, is also sent to the correspondent addressed, by mail, in order to make the recognition of the person to be credited the more certain.

The person presenting the letter of credit, having been fully identified by the party to whom it is sent, must comply freely with any conditions stated in the letter before receiving the money.

If the money to be received on the letter of credit is to be used in paying a debt owing by

Form of Letter of Credit.

14 Soho Sqnare, Beaver Street, London, Esq., Dec. 4, 1882. Messrs. Drexel, Morgan & Co.,

New York City, U. S. A. Dear Sirt:

I take pleasure In introducing to you Mr. George W. Hopkins of Belgrave Terrace, Newton street, London, C. W., who visits the United States for the purpose of investing in manufacturing property in the city or vicinity of Philadelphia. Pa., and desires to open a credit with you of Ten Thousand Dollars during each of the months of May, June and July, of 1883. 1 hereby authorize you to honor his drafts to an amount not exceeding in the aggregate the above-named sum, and charge the same to me. The signature of Mr. Hopkins accompanies this. Yours Very Respectfully,

Signature of George W. Hopkins.

MOSES BSANDENBKRG.

Mr. Brandenberg's Letter Sent by Mail.

14 Soho Square, Beaver Street, London, Eno. , Dec. 4, 1882. Messrs. Drexel, Morgan & Co.,

New York City, L*. S. A. Oenllemm:

We have to-day granted a letter of credit on your house (as per enclosed duplicate) to Mr. George W. Hopkins, for Thirty Thousand Dollars.

the bearer of it to another party, the fact should be stated in the letter.

Should the letter not be accepted by the person to whom it is directed, the bearer of it should at once notify the writer of it, and state the ostensible reason for not honoring it.

A gentleman of means may obtain from another, in similar circumstances, a letter to a business house where the latter is well known and the former is not, reciting the financial ability of the applicant for credit, and guaranteeing the payment of any indebtedness incurred by him within a certain limit. The person of the strange gentleman must be so described in the letter that the business firm to whom it is addressed may readily recognize him as the person entitled to present it.

Or, if one gentleman has already incurred a debt, the letter of credit may guarantee the payment of the amount due within a specified time.

The gentleman who signs either letter is holden for the amount involved, provided the business house accepts the guarantee as soon as it is received.

Mr. Hopkins is fifty-one years of age, six feet and one inch tall: has a dark complexion, with dark hair and eyes, and is slightly lame in his right foot.

Respectfully Yours,

MOSES BRANDEXBERG.

A Guarantee Letter of Credit.

N^w Orleans, La., May 3, 1882." Mr. Robert Fleming, •

St. Louis, Mo. Dear Sir:

Mr. Asnhi'l T. Cox, the bearer of (his letter, is an extensive dealer in hardware, stoves and tinners' stock, at Baton Rouge, La., who is now about visiting your city for the first time, with a view of purchasing large additions to his stock of merchandise. We have reason to know the condition of his financial ubility, his character for fair dealing and his promptness in meeting his liabilities. We, therefore, do not hesitate to guarantee the payment of any indebtedness that he may contract with your house not exceeding Ten Thousand Dollars, on not less time than sixty days. Very Respectfully Yours,

GEORGE PROBITY & CO.,

KM Breadalhane Street.

Form of Peddler's License.

By authority of the city of Buffalo, permission is hereby given to John Kyan to peddle green fruit, numbered 872, from the (lute hereof until the first day of May next, in said city, subject to the ordinances of said city in such cases made and provided, and to revocation by the Mayor at any time, at his discretion. A.^.*.**^} Witness the hand of the Mayor of said city, and

Tcittskal T ,Dl' corporate seal thereof, this twenty-second day

H. H. CARTER, Mayor. Attest: John Smith, City Clerk.

On the back of this licence is printed the following: License no 872.

To Peddlehs:—Your intention is directed to the following section fmm the ordinance relating to peddlers:

Section 5. — Any pi-rson who shall exercise the vocation of peddler, by means of a wagon, cart or other vehicle, shall cause his name, together with the number of his license, to be painted on the outside of his vehicle, the letters and figures not less than one inch in length. Any violation of this section shall subject the offender to a fine of not less than Five Dollar?, and not more than Fifty Dollars.

Licenses for other purposes, including taverns, saloons, etc., may be issued by the president* and common councils of villages, supervisors of towns, or mayors and aldermen of cities. In States where such governmente are permitted by the State and municipal laws, to license such business, within their limits.

Druggist's License from the Government to Retail Ardent Spirits.

$35.00. Series of 1881. No. 2071654. United States stamp for special tax. Internal revenue.

Received from George T. Meriton the sum of Twenty- five Dollar*. for special tax on the business of retail liquor dealer, to be carried on at Freeport, State of Pennsylvania, for the periods represented by

— ^ . ^ the coupon or coupons hereto attached. Dated

5?\. s. Rhv."? at Philadelphia, 23 April, 1881.

3? SKAL. *& THOMAS B. SMITH,

<>■$• §>3 Collector 1st Dist., State of Pennsylvania.

Severe penalties are imposed for neglect or refusal to place and keep this stamp conspicuously in your establishment or place of business.

^ IEN-LAWS establish a right to retain possession of personal property until the pay^F1 inent is made for services in respect to it.

A lien is lost by the voluntary surrender of the property to the owner or his agent.

There is no common law lien without possession. It is a right created by law in favor of the tavern-keepers, livery-men, pasturers, carriers and mechanics. It may be created by contract between the parties, as in a lease.

Whatever is affixed to land belongs to the owner of the land, except in a few cases. Hence, carpenters who built houses on the land of others had no lien. But as the principle is just, and the practice beneficial. States have, by law, given builders and persons who furnish material a lien on the land and building, if claimed within a limited time. Under this kind of mechanics1 lien, no possession is required. The right to pay the charge and take the property is a right of redemption which is lost by a public sale of the property. The surplus, if any, is paid to the owner.

Liens by State law are generally foreclosed in a

court, upon a petition for that purpose. By its decree the property is sold and the proceeds divided according to the rights of the parties.

Liens may, in certain States, be enforced against vessels and wharves as well as buildings, for construction, alteration or repairs. In most States, while the same general principle is maintained, the modes of procedure vary.

A workman desiring the protection of the law for the security of his wages, may draw up a paper, addressed to the county clerk of the county where the work was done, tilled up in a manner similar to the following form, setting forth all the circumstances of the work done, his bargain with the contractor, the failure to receive his pay and his fears that he will lose all if his lien is not made. This paper, sworn to before a justice or notary public, as true, is tiled in the county clerk's office and becomes a cloud upon the building, which the owner is only too glad, frequently, to remove bj' paying the debt himself and taking it out of the contractor^ bill. In either event the owner or contractor must pay the debt if it is an honest one.

Notice to the County Clerk.

To Philip Best, clerk of the city and county of New York, In the State of New York:

Sib: Please to take notice that I, James Van Horn, residing at No. *i Conkltng avenue. In the city of New York, In said county, have a claim against William Y. Heath, owner (or only contractor, as the case may be) of a new two-story brick dwelling-house, amounting to Nineteen Hundred and Sixty-two Dollar;* and forty cents, now due to me, and that the clulm it* made for and on account of brick famished and labor done before the whole work on said building was completed, and which labor and materials were done and furnished within three months of the date of this notice; and that such work and brick were done and furnished in pursuance of a contract for twenty thousand serviceable brick and the mason work of putting up the outer walls of said new building, between the undersigned and

the said William Y. Heath, which building is situated on lot ,

in block , in Wetsel's addition to the city of New York, on

the west side of Salina avenue, and Is known as No. 432 of said avenne. The following is a diagram of said premises.

[Intrrt diagram. ] And that I have and claim a lieu upon said dwelling-house and the appurtenances and lot on which the same stands, pursuant to the provisions of an act of the legislature of the State of New York, entitled "An act to secure the payment of mechanics.

laborers and persons furnishing material toward the erection, altering or repairing of buildings In the city of New York," passed , 18—, and of the acts amending the same.

New York, December 1, 1882. JAMES VAN HORN.

James Van Horn, being duly sworn, says that be Is the claimant mentioned in the foregoing notice of Hen; that he has read the said notice, and knows the contents: and that the same is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters be believes it to be trne.

JAMES VAN HORN.

Sworn before me this first day of December, A. D. 188*.

J. I. LESLIE, Police Justice.

The Hen-laws of certain States provide that any person who ahaU cither labor himself, or furnish laborers or materials for constructing, altering, or repairing any building, shall have a lien therefor upon such building and the specific lot or tract of land on which It is located; but a suit to enforce the payment of said claim must begin within six month* from the time the last (>ayment therefor is due. Landlords, also, may enforce a lien for arrears of rent, upon all crops of I their tenants, whether growing or matured.