heirs

between the said parties to these presents, that if default shall be made in payment of the said sum of or the interest thereof, or any part thereof respectively, at the times hereinbefore appointed for payment of the same respectively, then and in any of such cases, and when and so often as any such default shall be made, the whole amount of the said principal money shall, notwithstanding any provision or condition of this mortgage to the contrary, immediately fall due and become payable, and it shall be lawful for the said mortgage executors, administrators, or assigns, at any time or times after such default shall have been so made, without any further consent on the part of the said mortgagor and assigns (without prejudice, however, to the right of the said mortgagee heirs and assigns, to foreclose the equity of redemption, or to maintain any action under the covenants hereinbefore contained), to make sale and dispose of the said messuages, land, and other hereditaments and premises hereinbefore granted and released, or expressed or intended so to be, or any part or parts thereof, either together or in parcels, and either by public auction or private contract, with full power upon any such sale or sales to make any stipulations as to title or otherwise, which he or he shall deem necessary; and also with full power to buy in the said hereditaments and premises, or any part or parts thereof, at any sale or sales by public auction, or to rescind any contract or contracts for the sale of the same hereditaments and premises, or any part or parts thereof, and to re-sell the same hereditaments and premises which shall have been so bought in, or as to which any contract or contracts for sale shall have been rescinded as aforesaid, without being responsible for any loss which may be occasioned thereby. And, for the purposes aforesaid, or any of them, it shall be lawful for the said mortgagee executors, administrators, or assigns, to make and execute, or cause to be made and executed, all such agreements, deeds, conveyances, and assurances as he or

executors, administrators, or assigns shall think fit. And it is hereby also agreed and declared, that upon any sale or sales which shall be made under the power of sale herein before contained by the executors or administrators of the said mortgagee or by any other person or persons who may not be seized of the legal estate in the hereditaments and premises to be sold, the heirs of the said mortgagee or any other person or persons in whom the legal estate of the same hereditaments and premises, or any part thereof, shall be vested, shall make such conveyances and assurances of the same, for the purpose of carrying the sale thereof into effect. as the person or persons by whom th same shall be made shall direct.

Provided also, and it is hereby agreed and declared, that the said mortgagee executors, administrators, or assigns. shall not execute the power of sale hereinbefore contained (if the sale or sales thereunder be by public auction) unless and until he or they shall have first given week's notice of such sale, by publishing such notice at least once in every week for successive weeks, in some newspaper published in

Provided also, and it is hereby further agreed and declared, that upon any sale purporting to be made in pursuance of the aforesaid power in that behalf, the purchaser or purchasers thereof shall not be bound to see or inquire whether either of the cases mentioned in the clause or provision lastly hereinbefore contained has happened, or whether any money remains due on the security of these presents, or otherwise, as to the propriety or regularity of such sale; and notwithstanding any impropriety or irregularity whatso ever in any such sale, the same shall, as far as regards the safety and protection of the purchaser or purchasers thereat, be deemed and taken to be within the aforesaid power in that behalf, and to be valid and effectual accordingly, and the remedy of the said mortgagor heirs or assigns,

in respect of any breach of the clause or provision lastly hereinbefore contained, shall be in damages only. And it is hereby also agreed and declared, that, upon any such sale as aforesaid, the receipt or receipts in writing of the said mortgagee executors, administrators, or assigns, for the purchase-money of the hereditaments and premises to be sold, shall be an effectual discharge or effectual discharges to the purchaser or purchasers for the money therein respectively expressed to be received, and that such purchaser or purchasers, after payment of purchasemoney, shall not be concerned to see to the application of such money, or be answerable for any loss, misapplication, or non-application thereof. And it is hereby further agreed and declared that the said mortgagee

or

executors, administrators, and assigns, shall hold all and singu lar the moneys which shall arise from any sale which shall be made in pursuance of the aforesaid power in that behalf, upon the trusts following; that is to say, upon trust in the first place by, with, and out of the same moneys, to reimburse himself or themselves, and to pay or discharge all the costs and expenses attending such sale or sales, or otherwise to be incurred in or about the exercise of the said power of sale or in anywise relating thereto; and, in the next place, upon trust to apply such moneys in < towards satisfaction of all and singular the moneys which for the time being shall be due on the security of these presents, and then upon trust to pay the surplus [if any] of the said moneys unto the said mortgagor h heirs or assigns, for h and their proper use and benefit. And it is hereby also agreed and declared that the aforesaid power of sale shall and may be exercised by any person or persons who for the time being shall be entitled to receive and give a discharge for the moneys which for the time being shall be due on the recurity of these presents.

Provided Always, and it is hereby agreed and declared, that the said 'mortgagee, h executors, administrators, or assigns, shall not be answerable nor accountable for any involuntary losses which may happen in or about the exercise or execution of the aforesaid power or trusts, or any of them.

In Witness Whereof, the parties above mentioned have hereunto sub. scribed their names and affixed their seals to two copies thereof, interchange

Received, on the day of the date of the within written Indenture, from the within named mortgagee, the sum of

being the consideration expressed in the same Indenture, to be paid by him to the within named mortgagor.

Witness,

therein

This Deed was acknowledged before me by named apart from her husband, to have been voluntarily executed by her, and that she was aware of the nature of the contents thereof. Dated this

day of

A.D. 19

A LEASE is a contract whereby one party (the tenant) takes the possession of the land and all that is on it, and the other party (the landlord) gives possession of the land, and reserves (that is, agrees to take) a rent, which the tenant pays him by way of compensation.

All things usually comprehended under the words “house," "farm," "land," "store," &c., pass to the tenant, where such words are used, unless there be an express exception. And inaccuracies as to qualities, names, measurements, or amounts, will be corrected, if there be enough in the lease to make the purposes and intentions of the parties certain. And letting to hire anything to be used carries with it all those appurtenances and accompaniments necessary for the proper use and enjoyment of the thing which belong to the letter.

A landlord is bound to put his lessee into possession with good title. If he covenants "to renew" generally, this means a renewal of the lease on the same terms, but without inserting in the new lease another covenant of renewal

A landlord is under no legal obligation to repair the house, unless he expressly agrees to do so. If the house is never so much dilapidated and disfigured as to paper, paint, etc., and locks and blinds and doors and windows are out of order, and the like, the tenant can claim nothing of the landlord. Even if it becomes wholly uninhabitable by no fault of the house or of the landlord, as if it burns up, or is blown down, or if the overflow of a stream ruins a field or a farm, still the landlord is not bound to do anything, unless by special agreement.

But if the house is uninhabitable by its own fault, as if it has a noisome and unwholesome stench, or, according to one case, if it be overrun with rats, or so decayed as to be open to the weather, it would seem to be the law of this country that the tenant may leave the house; always provided, however, that the objection or defect be not one which the tenant knew or anticipated, or would have known or expected if he had made reasonable inquiry and investigation before he took his lease. And perhaps no tenant can leave his house, or refuse or abate his rent, for any objection or difficulty arising after he hires the house. But, strange to say, the important question what the tenant's rights are in such a case is still uncertain.

If the house be wholly destroyed, the tenant must still pay rent, under an ordinary lease; because the law looks upon the land as the principal thing, and the house as secondary. And not only so, but if the tenant covenants "to return and redeliver the house at the end of the term, in good order anı condition, reasonable wear and tear only excepted," he would be bound under this agreement to rebuild the house if it were burned down. But recently all well-drawn leases have clauses providing that the rent shall cease or be abated while the premises are uninhabitable from fire or any other unavoidable calamity. A similar exception is added to the clause about returning the house at the end of the lease. If this exception be in, a tenant is not bound to rebuild, even if the house be burned through the carelessness of himself or his servants.

A tenant of a room, or of a suite of chambers, is entitled to the use of all the appurtenances and accommodations which fairly go with it, as of the front door and entry, water-closets.

and of all windows, etc., proper to the enjoyment of what he •hires. But an express agreement about all these things, and cellar-room, pump, and the like, is always safest.

The tenant is not bound to make general repairs without an express agreement. But he must make such as are necessary to preserve the house from injury, as from rain, if shingles or slates are blown off or glass broken. And he would be bound even for ornamental repairs, as paper and paint, under a cove nant to return "in good order."

The tenant of a farm is bound, without express covenants, to manage and cultivate the same in such a manner as good husbandry and the usual course of management of such farms in his vicinity would require.

The times for payment of rent are usually specified in the lease, if not, they would be governed by the usage of the country, if there were any of sufficient distinctness and force.

A tenant under a lease which says nothing about underlet ting has a perfect right to underlet, remaining himself bound for his rent to his landlord.

A tenant is not responsible for taxes, unless it is expressly agreed in the lease that he shall be.

If there be a clause prohibiting him from underletting or assigning, and he agrees not to, nevertheless he may do so without forfeiting the land; but he will be, as before, liable for rent; and besides this, he will be responsible in an action for any damages which the landlord can show that he has sustained by such underletting.

It is usual to go further in the lease than this, and provide that such underletting shall make a forfeiture of the lease, and authorize the landlord to enter upon the premises and turn the tenant out. Where there is this covenant, if the tenant now underlets, the landlord cannot avail himself of the clause of forfeiture and afterwards hold the tenant for his rent. He may either hold him for his rent, and also for damages, or he may terminate the lease; but cannot do both. That is, if he con tinues to hold the tenant responsible for rent, he cannot prevent the tenant's letting somebody else occupy the house and pay to him (the tenant) the rent which he pays over