Oklahoma. Foreclosure only by action and sale. Unless mortgage contain words, and waive the appraisement," property must be appraised, and not sold for less than two-thirds of appraised value. If appraisal be waived, no order of sale until six months after date of judgment.

Oregon. Foreclosure by suit in equity and sale. Mortgagor may redeem within one year after confirmation of sale. Right to foreclose is barred after ten years from maturity or recorded extension of mortgage. But if mortgagor still owns property, and there are no liens or rights of third parties acquired after said ten years, mortgage may be foreclosed if any payment be made within ten years before suit.

Pennsylvania.—Mortgage is usually accompanied by bond, and warrant to confess judgment. Foreclosure is usually by writ of scire facias, but this cannot be sued out until one year after mortgage becomes due unless there is express waiver. No redemption after execution sale. Sheriff's deed bars wife's right of dower.

Philippines. Mortgages are governed by the Civil Law in force prior to American occupation. This provides for sale of mortgaged property to satisfy debt.

Porto Rico. The provisions of the Spanish law are still in force, providing for a summary sale of property on breach of condition.

Rhode Island.-Power of sale mortgages are usually foreclosed by sale under the power, from which there is no redemption. Foreclosure may also be by proceedings in equity. Mortgagee may obtain possession for strict foreclosure by action at law, or by peaceable entry in presence of two witnesses, whose certificate must be acknowledged and recorded. In either case mortgagor has three years to redeem.

South Carolina.—Foreclosure is by suit, and sale of premises. There is no right of redemption from sale.

South Dakota.-Mortgages or assignments cannot be recorded unless they give post office address of mortgagee or assignee. Power of sale mortgages may be foreclosed by sale under power without action of court; but foreclosure must be commenced within fifteen years after cause of action accrued. Foreclosure may also be by action and sale. One year allowed for redemption, during which mortgagor has right of possession. An additional year allowed on payment of all taxes and interest due on mortgage, and one year's interest in advance.

Tennessee.-Mortgages are almost exclusively in the form of trust deeds, and are foreclosed by trustee's sale under power in the deed. Unless right to redeem is waived, or is limited by decree, land may be redeemed within two years. Wife need not join in mortgage except of homestead. Lien barred in ten years.

Texas.-Foreclosure by suit, and sale; or, if mortgage contain power of sale, by sale under power. No redemption after sale.

Utah.-Foreclosure by action and sale, with six months right of redemp

tion.

Vermont.-Foreclosure by chancery suit, or by action, under which title passes to mortgagee without sale, subject to redemption within one year, or, if security is insufficient, a less time at discretion of the court.

Virginia.-Trust deeds usually take the place of mortgages, and foreclosure is by sale by the trustee without intervention of court. There is no redemption from sale.

Washington. Foreclosure by action and sale. One year is allowed for redemption.

West Virginia.-Foreclosure by sale under decree of court of equity. Trust deeds usually take the place of mortgages, under which land is sold by trustee without proceedings in court. No redemption after sale.

Wisconsin.-lf mortgage contains power of sale foreclosure may be by advertisement and sale under power, with one year allowed for redemption. In foreclosure by action, no sale until one year after date of judgment, and six weeks' publication of notice. No redemption after sale.

Wyoming.-Foreclosure by sale under decree of court of equity, or by advertisement and sale if mortgage contains power of sale. Six months allowed for redemption.

CHAPTER XXXII.

LEASES.

A LEASE is a contract whereby one party (the lessee or tenant) takes the possession of the land and all that is on it, and the other party (the lessor or 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," etc., pass to the tenant, where such words are used, unless there be an express exception. And inaccuracies as to quantities, 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 lessor.

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.

In the absence of fraud or concealment the tenant is bound by his lease whatever the actual condition of the premises may turn

out to be. There is no warranty implied by law on the part of the landlord that the premises are tenantable, or even reasonably suited for occupation; the rule of caveat emptor applies.

An exception to this rule has, however, been made in the case of a lease of a furnished house for immediate occupancy, and where a furnished sea-shore house, let for the summer season, was found to be infested with bugs, the right of the tenant to cancel his lease was sustained.

The landlord is bound to inform the tenant of any hidden defect in the premises or danger therein known to him at the time of making the lease, but is under no obligation to notify him as to such defects and dangers as would be apparent on reasonably careful inspection, unless the tenant makes express inquiries as to the condition of the premises. And if the tenant be induced to take his lease by false and fraudulent representions of the landlord he may on the discovery of the fraud cancel the lease.

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.

Accordingly it appears to be the law that the tenant cannot leave his house, or refuse to pay rent, for any cause arising after the hiring not occasioned by the act of the landlord or by some neglect of duty on his part. But, strange to say, the rights of the tenant in such case are still somewhat uncertain. But where the premises become uninhabitable by the fault of the landlord, as from his failure to furnish heat in an apartment, or to repair drains which it was his duty to keep in repair, it has been held. that the tenant is justified in abandoning the premises and refusing to pay further rent.

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 and 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. In some of the States the rights of the parties under these circumstances are regulated by statute.

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 covenant to return "in good order."

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

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 underletting has a perfect right to underlet, remaining himself bound for his rent to his landlord.

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 dam

ages 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 au-. thorize 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 continues 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. He may, however, after forfeiture, if the lease so provides, hold the tenant responsible in damages for subsequent loss of rent.

At the expiration of the term of the lease the interest of the tenant is at an end. If he continues in possession he is only what the law terms a tenant at sufferance, having no right or interest in the premises, and liable to be turned out at once without notice. If, however, he holds over with the tacit consent of the landlord, the general rule in this country is that the landlord may, at his election, treat him as a tenant from year to year, and may hold him for another year on the terms of the original lease. In Maine, New Hampshire and Massachusetts, where tenancies from year to year are not recognized by the law, such holding over with the consent of the landlord, express or implied, makes the lessee only a tenant at will, and the same result is effected by statute in other States. And where a tenant holds over pending negotiations for a new lease he is held to be a tenant at will.

A tenancy at will may be created in other ways, as by the occupation of land under an oral agreement without a lease. The characteristics of such a tenancy are the uncertainty of its duration, and the right of either party to terminate it by giving proper notice. A tenant at will cannot leave, nor can he be turned out, without a notice to quit. The law on this subject is not uniform. In general, however, it is this. If rent is payable quarterly, or not more frequently, then there must be a quarter's notice. If rent is payable oftener, then the notice must be as long as the period of payment. Thus, if rent is payable monthly, there must be a month's notice; if weekly, a week's