payments, on the in each and every year during the said term, the next ensuing the first payment to be made on the date hereof. day of And the said part of the second part doth hereby for heirs, executors, administrators, and assigns, covenant, promise, and agree with and to the said part of the first part, heirs, executors, administrators, and assigns, that the said part of the second part executors, administrators, and assigns, shall and will well and truly pay, or cause to be paid, to the said part of the first part, executors, administrators, or assigns, the said yearly rent hereby reserved, at the times and in manner hereinbefore mentioned for payment thereof, without any deduction or abatement whatsoever thereout, for, or in respect of, any rates, taxes, and impositions, assessment, or otherwise; and will, during said term, discharge and pay all rates, taxes, assessments, and impositions now payable or hereafter to become payable in respect of said premises; and also shall and will perform all statute labor in respect of said premises, during the whole of the term hereby granted. the said part of the second part, Provided always, and it is hereby agreed by and between the said parties hereto, that if, at any time or times during the said term, the said rent, or any part thereof, shall be in arrear and unpaid for the space of thirty days after any of the days or times whereon the same ought to be paid as aforesaid, then it shall be lawful for the said part of the first part, heirs, executors, administrators, or assigns, to enter into and take possession of the premises hereby demised, whether the same be lawfully demanded or not, and the said premises to have again, repossess, and enjoy, as if these presents had never been executed, without the let, hindrance, or denial of heirs, executors, administrators, or assigns; and, further, that the non-fulfilment of the covenants hereinbefore mentioned, or any of them, on the part of the lessee or lessees, shall operate as a forfeiture of these presents, and the same shall be considered null and void to all intents and purposes whatsoever; and also, that the said part of the second part, executors, administrators, and assigns, shall not nor will, during the said term, grant or demise, or assign, transfer, or set over, or otherwise, by any act or deed, procure or cause the said premises hereby demised or intended so to be, or any part thereof, or any estate, term, or interest therein, to be granted, assigned, transferred, underet, or set over unto any person or persons whomsoever, nor carry on any offensive trade or business on the premises, without the consent in writing, of the said part of the first part, heirs or assigns, first had and obtained. heirs, And the said part of the second part do hereby for executors, administrators, and assigns, covenant, promise, and agree, with and to the said part of the first part, heirs, executors, administrators, of the second part, the said part heirs, or assigns, that executors, administrators, or assigns, will, at the end of the term hereby heirs granted, peaceably and quietly surrender and deliver up possession of the said premises hereby demised to the said part of the first part executors, administrators, or assigns. In Witness Whereof, The parties to these presents have hereunto set their hands and seals the day and year first above written. in the year of our Lord one thousand nine hundred and in pursuance of the act respecting short forms of leases between (name, residence, and occupation of the lessor) hereinafter called the lessor of the first part, and (name, residence, and occupation of the lessee) hereinafter called the lessee of the second part, Witnesseth, That in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the said lessee executors, administrators, and assigns, to be paid, observed, and performed, he the said lessor ha demised and leased, and by these presents do demise and lease unto the said lessee, executors, administrators, and assigns, all th certain (describe the premises leased with sufficient minuteness to define them perfectly). Together with all the rights, members, and appurtenances whatsoever to the said premises belonging or appertaining. To Have and to Hold the said demised premises, with their appurtenances, unto the said lessee, executors, administrators, and assigns, to be computed from the one thousand nine hundred and and in each year during the said term, the day for and during the term of day of and from thenceforth next ensuing, and fully to be completed and ended, yielding and paying therefor yearly and every year, during the said term hereby granted unto the said lessor, heirs, executors, administrators, or assigns, the sum of dollars of lawful money of Canada, to be payable on the following days and times; that is to say, on the days of first of such payments to become due, and be made, on the of next, and the last of such payments to be made in advance, on the day of payment of rent preceding the expiration of the said term. And the said lessee covenant with the said lessor to pay rent, and to pay taxes, and to repair (reasonable wear and tear, and accidents by fire or tempest excepted), and to keep up fences, and not to cut down timber; and that the said lessor may enter and view the said repair; and that the said lessee will repair according to notice, and will not assign or sublet without leave, and will not carry on any business that shall be deemed a nuisance on said premises; and that he will leave the premises in good repair. (I there are any other agreements between the parties, they should be insertea here.) And also, that if the term hereby granted shall be at any time seized, or taken in execution, or in attachment, by any creditor of the said lessee, or if the said lessee shal! make any assignment for the benefit of creditors, or, becoming bankrupt or insolvent, shall take the benefit of any act that may be in force for bankrupt or insolvent debtors, the said term shall immediately become forfeited and void, and the full amount of the current. re..t shall be at once due and payable; and also, that if the said premises be destroyed, or so much injured as to become unfit for occupation, by fire or other casualty, not caused by the wilful default or neglect of the said lessee, his executors, administrators, or assigns, the said term hereby demised shall 'cease, and the current rent shall be fully apportioned, and the due proportionate part thereof shall be at once due and payable. Proviso for re-entry by the said lessor on non-payment of rent or nonperformance of covenants, or seizure or forfeiture of the said term for any of the causes aforesaid; the said lessor covenant with the said lessee for quiet enjoyment. In Witness Whereof, The said parties to these presents have hereunto set their hands and seals. Signed, Sealed, and Delivered in the Presence of (239.) Lease of Land in use Generally in the British Provinces, day of in the year between (name, This Indenture, Made the of our Lord one thousand nine hundred and residence, and occupation of the lessor) of the one part, and (name, residence, and occupation of the lessee) of the other part, Witnesseth, That for and in consideration of the rents, covenants, agreements, and provisos hereinafter reserved and contained, and which by and on the part and behalf of the said executors, administrators, and assigns, are to be paid, kept, done, and performed, he the said granted, demised, leased, set, and to farm letten, and by these presenti exec io grant, demise, lease, set, and to farm let, unto the said utors, administrators, and assigns, all that tract, piece, or parcel of land situate, lying, and being on lot or township number and the Province of in the County of bounded and described as follows; that is to say (here describe the premises leasea) containing, by estimation, acres, be the same a little more or less, together with all buildings, woods, underwoods, ways, waters, watercourses, profits, com modities, privileges, advantages, and appurtenances whatsoever to the said remises belonging, or in anywise appertaining. To Have and to Hold the said tract, piece, or parcel of land, and prem ses hereby demised, with their appurtenances, unto the said executors, administrators, and assigns, from the day of for and during and until the full end and term of years from thence next ensuing, and fully to be complete and ended subject, neverthe Jess, to the quit-rents to become due, exceptions, reservations, covenants, easements, and conditions in the original grant or letters-patent of the said reserved and contained. Yielding and paying therefor yearly, and in every year during the said term hereby granted, unto the said heirs or assigns, the clear yearly rent or sum of without making any deduction or abatement whatever for or in respect of any present or future quit-rents, land taxes, or other parliamentary, legislative, colonial, or parochial taxes, assessments, payments, or impositions whatsoever, by yearly payments; that is to say, on the day of every year, the first payment to become due and be paid on And the said do for in day of heirs, executors, and administrators, covenant, promise, and agree to and with the said heirs and assigns, in manner following: that is to say, that the said executors, administrators, and assigns, shall and will, from time to time, and at all times during the continuance of the term hereby granted, well and truly pay, or cause to be paid, unto the said neirs and assigns, the said yearly rent hereby reserved, upon the days and times, and in the manner hereinbefore mentioned for the payment of the same, ccording to the true intent and meaning of these presents. And also, executors, administrators, and assigns, shall and will pay, satisfy, and discharge, or cause to be paid, satisfied, and dis charged, all and all manner of quit-rents, land taxes, and other parliamentary, legislative, or parochial taxes, rates, assessments, payments, or impositions whatsoever, now or at any time hereafter during the said term hereby demised, payable, or to become payable, for or in respect of the said prem. ses, or any part of them, or the said yearly rent or any part thereof. the said Provided always, nevertheless, and these presents are upon this express condition, that if the said yearly rent hereinbefore reserved, or any part thereof, shall be in arrear for the space of after the same ought to have been paid as aforesaid (although no legal or formal demand shall have been made for the same), that then, and in every such case, and at all times hereafter, it shall and may be lawful to and for the said heirs and assigns, either to sue or distrain for the same, or into or upon the said demised premises, or into any part thereof, in the name of the whole wholly to re-enter, and the same to have again, retain, reposse~~, and enjoy, as in former state; and the said and other occupiers and possessors thereof, thereout and from thence utterly to expel, put out, and remove, anything hereinbefore contained to the contrary thereof in any wise notwithstanding. And the said for heirs and assigns, do hereby covenant, promise, and agree to and with the said executors, administrators, and assigns, that paying the said yearly rent hereby reserved, and performing the covenants and agreements hereinbefore mentioned and contained, and which on part and behalf are or ought to be paid, done, and performed (subject, nevertheless, as aforesaid), shall and may peaceably and quietly have, hold, use, occupy, possess, and enjoy the said hereby demised premises, with the appurtenances, for all the term hereby granted, without the lawful let, suit, trouble, denial, eviction, ejection, interruption, or disturbance whatsoever, of, from, or by the said heirs or assigns, or of, from, or by any other person or persons lawfully claiming or to claim the said hereby demised premises, or any part or parcel thereof. In Witness Whereof, I, the said (name of lessor), have hereunto subscribed my name and affixed my seal, at in the year of our Lord Executed and Delivered in the Presence of on the day of (Name of grantor.) (Seal.) CHAPTER XXXII. MORTGAGES OF GOODS AND CHATTELS, OR PERSONAL MORTGAGES are now often made of personal property. Any instrument will answer the purpose, which would suffice as a bill of sale of the property, and which contains, in addition to the words of sale and transfer, a clause providing for the avoidance of it when the debt is paid. I append to this chapter forms for this purpose. When the mortgagor of personal property retained possession, it was formerly doubtful what security the mortgagee had. Now, however, it is generally provided by statute, that the mortgagor may retain possession, if the mortgage be recorded. These instruments should always be recorded according to the provisions of the statute of the State in which they are made; although the general rule would apply to them, that they would operate without record as to all parties having notice or knowledge of them. The statutes respecting mortgages of nersonal property always provide for an equity of redemption, Wien is usuan very much shorter than that of land. A trequent period is sixty days. The requirements of the statute in respect to notice, foreclosure, etc., must be strictly followed |