those claiming under him, yielding and paying rent therefor the sum of for each and every year, and after the same rate for any part of a

year.

And the said lessee, for himself, his heirs, executors, and administrators, does hereby covenant to and with the said lessor, and his heirs and assigns, that he or they will pay the said rent of in equal sums of

day of

and that he or they will pay

the first of which payments shall be made on the A. D. one thousand nine hundred and rent after the same rate for such further time as he the said lessee, or those claiming under him, may hold the premises; that he or they will, from time to time, upon request by the lessor, or his heirs or assigns, pay to them such sum or sums of money as shall be equal to the amount of the taxes and duties, and water-taxes, that shall be levied or assessed on the demised premises for each year and part of a year during the term aforesaid, and during such further time as the said lessee and those claiming under him may hold the premises; that he or they will not suffer nor commit any strip or waste in the premises; that he or they will not assign this lease, nor underlet the whole or any part of the premises, to any person or persons; and that no alterations or additions shall be made during the term aforesaid, in or to the same, without the consent of the said lessor, or of those having his estate in the premises, being first obtained in writing, allowing thereof; and also that it shall be lawful for the said lessor, and those having his estate in the premises, at seasonable times to enter into and upon the same to examine the condition thereof; and further, that he the said lessee, and his representatives, shall and will, at the expiration of said term, peaceably yield up unto the said lessor, or those having his estate therein, all and singular the premises, and all future erections and additions to or upon the same, in as good order and condition, in all respects (reasonable wearing and use thereof, and damage by fire, and other unavoidable casualties excepted) as the same now are, or may be put into by the said lessor or those having his estate in the premises.

Provided always, and these presents are upon this condition, that if the said rent shall be in arrear, or the said lessee or his representatives or assigns do or shall neglect or fail to perform and observe any or either of the above covenants herein before contained, which on his or their part are to be performed, then and in either of said cases, the said lessor, or those having his estate in the said premises, lawfully may, immediately or at any time thereafter, and while such neglect or default continues, and without further notice or demand, enter into and upon the said premises, or any part thereof, in the name of the whole, and repossess the same as of his former estate, and expel the said lessee and those claiming under him, and remove his or their effects (forcibly if necessary) without being taken or deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent, or preceding breach of covenant. And provided also, that in case the premises, or any part thereof, shall, during said term, be destroyed or damaged by fire or other unavoidable casualty, so that the same shall be thereby rendered unfit for use and habitation, then, and in such case, the rent herein before reserved, or a just and

proportionate part thereof, according to the nature and extent of the injuries sustained, shall be suspended or abated until the said premises shall have been put in proper condition for use and habitation by the said lessor, or these presents shall thereby be determined and ended at the election of the said lessor or his legal representatives.

In Testimony Whereof, The said parties have set their hands and seals on the day and year first above written, to this and to another instrument of like tenor and date.

Signed, Sealed, and Delivered in Presence of

(Signatures.) (Seals.)

(290.)

A Short Form of Lease in use in some Western States.

day of

This Indesture, Made this 19, between (name and residence of the lessor) party of the first part, and (name and residence of the lessee) 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, doth by these presents lease to the said party of the second part the following-described property, to wit: (describe the property).

To Have and to Hold the same to the said party of the second part, from the day of 19_, to the day of 19_. 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 dollars, payable as follows, to wit (here state the time and terms of

payment, much as in the first form of lease hereinbefore given).

The said party of the second part further covenants with the said 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 was 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.

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

(Signature of lessor.) (Seal.) (Signature of lessee.) (Seal.)

(291.)

Lease of City Property, in use in Massachusetts.

Witnesseth, That in consideration of the rent and covenants herein reserved and contained on the part of the lessee and his heirs, executors, administrators and assigns, to be paid, performed and observed, the lessor doth hereby demise and lease unto the lessee (description of property leased). To Have and to Hold the premises hereby demised unto the lessee his executors, administrators and assigns, for the term of

Yielding and paying therefor the yearly rent of

during the said term by equal

payments of

ending with

day of

years from dollars,

dollars on the

the first

next, and also

at the legal determination of this lease a proportionate part of the said rent for any part of a then unexpired.

And the lessee does hereby for himself and his heirs, executors, administrators and assigns, covenant with the lessor, his heirs and assigns, that the lessee, his executors, administrators, or assigns, during the said term and for such further time as he or they or any other person or persons claiming under him shall hold the said premises or any part thereof, will pay unto the lessor, his heirs or assigns, the said rent at the times and in the manner aforesaid, and will keep all and singular the said premises in such repair, order and condition as the same are in at the commencement of the said term, or may be put in during the continuance thereof, damage by fire or other unavoidable casualty only excepted; and will pay all taxes and charges for water; and will save the lessor, his heirs and assigns harmless from all loss and damage occasioned by the use or escape of water upon the said premises, or by the bursting of the pipes, or by any nuisance made or suffered on the premises, as well as from any claim or damage arising from neglect in not removing snow and ice from the roof of the building, or from the sidewalks bordering upon the premises so leased; and will not assign this lease nor underlet the whole or. any part of the said premises without first obtaining on each occasion the consent in writing of the lessor, his heirs and assigns; and will not permit any hole to be drilled or made in the stone or brickwork of the said building, or any placard or sign to be placed upon the building, except such and in such place and manner as shall have been first approved. in writing by the lessor, his heirs or assigns; and will keep good with glass of the same kind and quality as that which may be injured or broken, all the glass now or hereafter on the premises, unless the same shall be broken by fire, acknowledging that the same is now. whole and in good order; and will defray all the expenses of emptying and cleaning the drains and cesspool, and will leave the same empty; and at the expiration of the said term will remove his or their goods and effects, and those of all persons claiming under him or them, and will peaceably yield up to the lessor, his heirs or assigns,

the said premises, and all erections and additions made to or upon the same, in good repair, order and condition in all respects, damage by fire or other unavoidable casualty excepted; and that during the said term, and such further time as aforesaid, the said premises shall not be overloaded, damaged or defaced; and no trade or occupation shall be carried on upon the said premises, or use made thereof which shall be unlawful, improper, noisy, or offensive, or contrary to any law of the Commonwealth or ordinance or by-law of the City of for the time being in force, or injurious to any person or property; and no act or thing shall be done upon the said premises, which may make void or voidable any insurance of the said premises or building against fire, or may render any increased or extra premium payable for any such insurance; and no addition or alteration to or upon the said premises shall be made without the consent of the lessor, his heirs or assigns; and all property of any kind that may be on the premises shall be at the sole risk of the lessee, or those claiming through or under him, and the lessor, his heirs or assigns shall not be liable to the lessee or any other person for any injury, loss, or damage to any person or property on the premises; and that the lessor, his heirs or assigns and his or their agents may during the said term, at seasonable times, enter to view the said premises, and may remove placards and signs not approved and affixed as herein provided, and may make repairs and alterations if he or they should elect so to do, and may show the said premises and building to others, and at any time within three months next before the expiration of the said term may affix to any suitable part of the said premises a notice for letting or selling the said premises, or building, and keep the same so affixed without hindrance or molestation.

Provided Always, that in case the said premises, or any part thereof, or the whole or any part of the building of which they are a part, shall be taken for any street or other public use, or shall be destroyed or damaged by fire or other unavoidable casualty, or by the action of the city or other authorities, after the execution hereof and before the expiration of the said term, then this lease and the said term shall terminate at the election of the lessor, or his heirs or assigns, and such election may be made in case of any such taking notwithstanding the entire interest of the lessor, or his heirs or assigns may have been divested by such taking; and if they shall not so elect, then in case of any such taking or destruction of or damage to the demised premises, a just proportion of the rent therein before reserved, according to the nature and extent of the injury sustained by the demised premises, shall be suspended or abated until the demised premises, or in case of such taking, what may remain thereof, shaЛ have been put in proper condition for use and occupation.

Provided also, and these presents are upon this condition, that if the lessee or his executors, administrators or assigns do or shall neglect or fail to perform or observe any of the covenants contained in these presents, and on his or their part to be performed or observed, or if the estate hereby created shall be taken on execution, or by other process of law, or if the lessee or his executors, administrators, or assigns shall be declared bankrupt or insolvent according to law, or if any assignment shall be made of his or

their property for the benefit of creditors, then and in any of the said cases, (notwithstanding any license of any former breach of covenant or waiver of the benefit hereof or consent in a former instance) the lessor, or his heirs or assigns, lawfully may, immediately, or at any time thereafter, and without demand or notice, enter into and upon the said premises or any part thereof in the name of the whole, and repossess the same as of their former estate, and expel the lessee and those claiming through or under him and remove their effects (forcibly, if necessary), without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid this lease shall determine; and the lessee covenants that in case of such termination he will indemnify the lessor, his heirs and assigns, against all loss of rent and other payments which he or they may incur by reason of such termination during the residue of the time first above specified for the duration of the said term.

In Witness Whereof, the said parties have hereunto set their hands and seals, the day and year first above written.

in the County of

in the year of our between (name of the lessor)

and State of

party

of the city of of the first part, and (name and residence of the lessee) of the second part, Witnesseth, That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, or his executors, administrators, and assigns, has demised and leased to the said party of the second part all those premises situate, lying, and being in the city of Chicago, in the County of Cook, and State of Illinois, and known and described as follows, to wit (here describe the premises).

To Have and to Hold the said above-described premises, with the appurtenances, unto the said party of the second part, and his executors, administrators, and assigns, from the in the year of our Lord one thousand nine hundred and for and during the term of years, and until the in the year of our the said party of the second

day of

day of

Lord one thousand nine hundred and part paying rent therefor, as hereinafter stated. And the said party of the second part, in consideration of the leasing the premises aforesaid, by the said party of the first part, to the said party of the second part, does covenant and agree with the said party of the first part, and his heirs, executors, administrators, and assigns, to pay the said party of the first part, at the house (or office or store) of the said party of the first part, numbered Street, Chicago, or at the house or office of his assigns, as rent for the said demised premises, the sum of

in