201

gained premises, with the hereditaments and appurtenances: To have and to hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever. And the said Henry Botsford, and Mary, his wife, parties of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

And the said Henry Botsford and Mary Botsford, his wife, party of the first part, for themselves and their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in law, and in fee simple, and have good right, full power. and lawful authority to grant, bargain, sell, and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of what kind or nature soever; and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend.

In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.

THIS INDENTURE, made the fourth day of July, in the year of our Lord one thousand eight hundred and seventy-one, between Oscar Joy, of Nashville, County of Davidson, State of Tennessee, party of the first part, and Lorenzo Fisher, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in consideration of Eight Hundred dollars in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest, claim, and demand, which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit:

[Here describe the land.]

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in

Long Form Quit-Claim Deed - Homestead Waiver.

THIS INDENTURE, made the fourteenth day of October, in the year of our Lord one thousand eight hundred and seventytwo, between Park Converse, of Burlington, County of Des Moines, State of Iowa, party of the first part, and Elbridge Robinson, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in consideration of Four Thousand dollars in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest, claim, and demand which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit:

[Here describe the land.]

To have and to hold the same, together with all and singu lar the appurtenances and privileges thereunto belonging, or in any wise thereunto appertaining; and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.

And the said Park Converse, party of the first part, hereby expressly waives, releases, and relinquishes unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

And the said party of the first part, for himself and his heirs, executors, and administrators, does covenant, promise, and agree, to and with the said party of the second part, his heirs, executors, administrators, and assigns, that he hath not made, done, committed, executed, or suffered, any act or acts, thing or things, whatsoever, whereby, or by means whereof, the above mentioned and described premises, or any part or parcel thereof, now are, or any time hereafter, shall or may be impeached, charged, or incumbered, in any way or manner whatsoever.

In witness whereof, the said party of the first part hereunto sets his hand and seal the day and year first above written. Signed, sealed, and deliv

ered in presence of GERRY HOBBS.

STATE OF IOWA,

DES MOINES COUNTY.

}ss.

I, Gerry Hobbs, a Justice of the Peace in and for the said County, in the State aforesaid, do hereby certify that Park Converse, who is personally known to me as the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed, and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead.

Given under my hand and seal, this fourteenth day of October, A. D. 1872. GERRY HOBBS, Justice of the Peace. Dood

Release.

L. S.

KNOW ALI. MEN by these presents, that I, Arthur Babcock of Logansport, of the County of Cass, and State of Indiana, for and in consideration of One dollar, to me in hand paid, and for other good and valuable considerations, the receipt whereof is hereby confessed, do hereby grant, bargain, remise, convey, release, and quit-claim unto Barton McInhill of Logansport, of the County of Cass, and State of Indiana, all the right, title, interest, claim, or demand whatsoever, I may have acquired in, through, or by a certain Indenture or Mortgage Deed, bearing date the tenth day of September, A. D. 1870, and recorded in the Recorder's office of said County, in book A of Deeds, page 84, to the premises therein described, and which said Deed was made to secure one certain promissory note, bearing even date with said Deed, for the sum of Six Hundred dollars.

Witness my hand and seal, this sixth day of August, A. D. 1873. ARTHUR BABCOCK. 1. S.

STATE OF INDIANA, CASS COUNTY.

NOTARIAL

SEAL.

SS.

Bood

I, Archibald Clinton, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Arthu 3abcock, personally known to me as the same person whose name is subscribed to the foregoing Release, appeared before me this day in person, and acknowledged that he signed, sealed, and delivered the said instrument of writing as his free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and seal, this sixth day of August, A. D. 1873.

ARCHIBALD CLINTON, N. P.

LANDLORD AND TENANT.

A person leasing real estate to another is termed a landlord; the person occupying 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 months' 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 signed by the Com

LEGAL BUSINESS FORMS

- LANDLORD AND TENANT.

203

missioner of Deeds, and recorded in the Recorder's 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 invalidates an old one.

A landlord misrepresenting property that is leased, thereby subjecting the tenant to inconvenience and loss, such damages can be recovered from the landlord by deduction from the rent.

A lease on property that is mortgaged ceases to exist when the person holding such mortgage forecloses the same.

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.

Short Form of Lease for a House.

THIS INSTRUMENT, made the first day of May, 1872, witnesseth that Theodore Shonts of Asheville, County of Buncombe, State of North Carolina, hath rented from Tilgham Schnee of Asheville aforesaid, the dwelling and lot No. 46 Broadway, situated in said town of Asheville, for four years from the above date, at the yearly rental of Two Hundred and Forty dollars payable monthly, on the first day of each month, in advance, at the residence of said Tilgham Schnee.

At the expiration of said above mentioned term, the said Shonts agrees to give the said Schnee peaceable possession of the said dwelling, in as good condition as when taken, ordinary wear and casualties excepted.

In witness whereof, we place our hands and seals the day and year aforesaid.

Signed, sealed, and de

livered in presence of JOHN EDMINSTER,

Notary Public.

THEODORE SHONTS,

TILGHAM SCHNEE.

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,

Witnesseth, that the said party of the first 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, 1873, 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,

BARTON D. MAYNARD.

Lease of Farm and Buildings Thereon.

THIS INDENTURE, made this first day of March, 1873, between Moses Waite of the town of Doylestown, 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, adminis

trators, 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 Doylestown aforesaid, bounded and described as follows, to wit:

[Here 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.

And 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 trees on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable land, 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 chattels, 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 so 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, sealed, and de

livered in presence of HARRY CRAWLEY.

MOSES WAITE,

ABIJAH HAZELTON.

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 Front 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 Wheelock, 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.

An agreement between two or more persons to invest their labor, time and means together, sharing in the loss or profit that may arise from such investment, is termed a partnership.

This partnership may consist in the contribution of skill, extra labor, or acknowledged reputation upon the part of one partner, while the other, or others, contribute money, each sharing alike equally, or in fixed proportion, in the profits, or an equal amount of time, labor and money may be invested by the partners, and the profits equally divided; the test of partnership being the joint participation in profit, and joint liability to loss.

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A partnership formed without limitation is termed a general partnership. An agreement entered into for the performance of only a particular work, is termed a special partnership; while the partner putting in a limited amount of capital, upon which he receives a corresponding amount of profit, and is held correspondingly responsible for the contracts of the firm, is termed a limited partnership, the conditions of which are regulated by statute in different

states.

A partner signing his individual name to negotiable paper, which is for the use of the partnership firm, binds all the partners thereby. Negotiable paper of the firm, even though given on private account by one of the partners, will hold all the partners of the firm when it passes into the hands of holders who were ignorant of the facts attending its creation.

Partnership effects may be bought and sold by a partner; he may make contracts; may receive money; endorse, draw, and accept bills and notes; and while this may be for his own private account, if it apparently be for the use of the firm, his partners will be bound by his action, provided the parties dealing with him were ignorant of the transaction being on his private account; and thus representation or misrepresentation of a partner having relation to business of the firm, will bind the members in the partnership.

An individual lending his name to a firm, or allowing the same to be used after he has withdrawn from the same, is still responsible to third persons as a partner.

A partnership is presumed to commence at the time articles of copartnership are drawn, if no stipulation is made to the contrary and the same can be discontinued at any time, unless a specified period of partnership is designated in the agreement; and even then he may withdraw by giving previous notice of such with drawal from the same, being liable, however, in damages, if such are caused by his withdrawal.

Should it be desired that the executors and

representatives of the partner continue the business in the event of his death, it should be so specified in the articles, otherwise the partnership ceases at death. Should administrators and executors continue the business under such circumstances, they are personally responsible for the debts contracted by the firm.

If it is desired that a majority of the partners in a firm have the privilege of closing the affairs of the company, or in any way regulating the same, such fact should be designated in the agreement; otherwise such right will not be presumed.

Partners may mutually agree to dissolve a partnership, or a dissolution may be effected by a decree of a Court of Equity. Dissolute conduct, dishonesty, habits calculated to imperil the business of a firm, incapacity, or the necessity of partnership no longer continuing, shall be deemed sufficient causes to invoke the law in securing a dissolution of partnership, in case the same cannot be effected by mutual agreement.

After dissolution of partnership, immediate notice of the same should be given in the most public newspapers, and a notice likewise should be sent to every person having special dealings with the firm. These precautions not being taken, each partner continues liable for the acts of the others to all persons who have no knowledge of the dissolution.

Partnership Agreement.

THIS Agreement made this tenth day of June, 187-, between Charles R. Field, of Salem, Washington County, N. Y., of the one part, and David G. Hobart, of the same place, of the other part, witnesseth:

The said parties agree to associate themselves as copartners, for a period of five years from this date, in the business of buying and selling hardware and such other goods and commodities as belong in that line of trade; the name and style of the firm to be "Field & Hobart."

For the purpose of conducting the business of the above named partnership, Chas. R. Field has, at the date of this writing, invested Five Thousand Dollars as capital stock, and the said David G. Hobart has paid in the like sum of Five Thousand Dollars, both of which amounts are to be expended

and used in common, for the mutual advantage of the parties hereto, in the management of their business.

It is hereby also agreed by both parties hereto, that they will