the party of the second part hereinafter contained, covenants and agrees to and with the party of the second part, to make, erect, build and finish, in a good, substantial and workmanlike manner, a two story brick dwelling-house, on that certain lot in San Jose, aforesaid, described as follows, to wit:

[Here describe the land on which the building is to be erected.] agreeable to the draught, plan and specification hereto annexed and signed by the parties hereto, of good and substantial materials, by the first day of November next: and in consideration of the foregoing covenants of said party of the first part the party of the second part agrees to pay to the party of the first part the sum of four thousand dollars, in lawful money of the United States, for the said building, as follows, to wit: two thousand dollars when said building is inclosed and the roof thereof shall be put on, and the remaining two thousand dollars when said building shall be completed as above provided: and for the true and faithful performance of all and every of the agreements above mentioned the parties to this agreement do hereby further covenant and agree, each with the other, that the sum of fifteen hundred dollars shall be the estimated, fixed and settled damages to be paid by either party who shall fail faithfully to perform his covenants herein to the other party hereto.

In witness whereof the said parties have hereunto set their hands the day and year first above written.

A. B. HAMILTON.
C. T. RYLAND.

The distinction between sealed and unsealed private instruments is abolished in California.

Courts will construe agreements of all kinds according to the evident intention of the parties at the time of making the agreements.

Form 61.-Agreement to Sell Land.

This agreement, made the fifth day of January, A. D. 1880, between J. D. Baldwin, of the City and County of San Francisco, State of California, party of the first part, and A. M. Burton, of the City of Los Angeles, State aforesaid, the party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of one hundred dollars, to him in hand paid, has agreed to sell and convey, by

good and valid deed, to the party of the second part, all that certain lot, piece, and parcel of land situate and being in San Diego County, in said State, bounded and described as follows, to wit: Beginning

[Here describe the land as completely as possible, so that it may be readily identified.]

together with, all and singular, the tenements, hereditaments, and appurtenances belonging and in any wise appertaining to said land, with the usual covenants of warranty in said deed, upon the following conditions, to wit:

That the said party of the second part, his heirs or assigns, shall pay to the party of the first part, his heirs or assigns, for the said land, the sum of four thousand dollars lawful money of the United States, in installments, as follows, to wit: The sum of one thousand dollars on the first day of June next, and the further sum of one thousand dollars on the third day of January, 1881, and the remaining two thousand dollars on or before the first day of June, A. D. 1881, together with legal interest on the said several sums from the date hereof until the same shall be paid.

The party of the first part further agrees that the party of the second part, his heirs or assigns, may forthwith, or at any time hereafter, enter upon and take possession of said land and cultivate the same until such payments become due as above stated, and that, upon the full payment of the said sum of four thousand dollars as above provided, by the party of the second part, his heirs or assigns, the party of the first part, his heirs, executors, administrators, or assigns, shall and will execute, in due form of law, and deliver to said party of the second part or his legal representatives herein, the said deed above mentioned.

And the said party of the second part, for himself, his heirs, executors, administrators, and assigns, doth covenant and agree to and with the said party of the first part, his heirs and assigns, that the said party of the second part will pay the said sums above named as they severally become due, and also the interest thereon, together with all taxes and assessments which may be levied and assessed against said land above described.

And it is further agreed by the party of the second part that if he make default in the payment of any of said installments at the time they shall become due as above provided, then this contract shall become forfeit and annulled, and the party of the first part, his heirs and assigns, shall be at liberty to enter

upon and take possession of said land, and to dispose of the same to any person, as if this contract had never been made. In witness whereof, the said parties have hereunto set their hands the day and year first above written.

J. D. BALDWIN.
A. M. BURTON.

A contract like the foregoing should be acknowledged by the parties to it, and it should be recorded in the office of the County Recorder of the county in which the land is situated.

Form 62.-Agreement to Cultivate Land on Shares.

[BANCROFT'S BLANK, No. 30.]

This agreement witnesseth: That N. P. Chillson, of Woodland, Yolo County, Cal., covenants with John F. Curtis, of the same place, as follows, to wit: that the said Chillson will properly plow, harrow, fit and prepare for sowing, all that certain piece of land lying

[Here describe the land properly.]

and consisting of two hundred acres, more or less, belonging to said Curtis, and will sow the same in winter wheat, the seed necessary for which purpose is to be furnished by said Curtis, on or before the first day of January, A. D. 1880; and that he will at the proper time cut, thresh, harvest and clean the same, and deliver to the said Curtis at his warehouse, in Woodland aforesaid, the one third part of the said wheat within ten days after the same shall have been cleaned, and will carefully stack the straw on the said land, at such place thereon as the said Curtis shall require; and the said J. F. Curtis, in consideration of the agreement aforesaid, promises and agrees to and with the said Chillson, that he may enter in and upon the said land for the purpose of tilling and sowing the same and of harvesting the crop, and have and enjoy free ingress and egress for the purposes aforesaid; and that he, the said Curtis, will furnish to the said Chillson the seed-wheat, of good quality, necessary to sow the same on or before the first day of October next, and will also permit the said Chillson to thresh and clean the crop of wheat upon the land above described.

In witness whereof, the parties to this agreement have hereunto set their hands, at Woodland aforesaid, this first day of September, 1879.

Executed in duplicate.

N. P. CHILLSON.
JOHN F. CURTIS.

Form 63.-Agreement for Sale and Purchase of Vines and Fruit Trees.

This agreement between John B. True, of Suscol, in Napa County, California, and W. L. Upson, of Modesto, Stanislaus County, State aforesaid, witnesseth: That the said John B. True agrees to sell and deliver to the said W. L. Upson, at the town of Modesto aforesaid, during the month of February next, one thousand raisin grape vines, three hundred grafted apple trees, one hundred peach trees, fifty apricot trees, fifty nectarine trees, one hundred pear trees, fifty plum trees and one hundred almond trees, all in good order and condition, for transplanting in the month of March next, for the following prices, namely: for each one hundred grape vines, five dollars; for each hundred apple trees, twenty dollars; for each hundred peach trees, twelve dollars; for each fifty nectarine trees, twenty dollars; for each fifty apricot trees, fifteen dollars; for each one hundred pear trees, twenty-five dollars; for each fifty plum trees, fifteen dollars, and for each one hundred almond trees twenty-five dollars; and the said W. L. Upson, in consideration of the sale and delivery thereof, agrees to purchase the aforesaid trees in the quantities above named and at the prices aforesaid, and to pay the said John B. True the full price therefor, in gold coin, upon the delivery of said trees at Modesto aforesaid.

In witness whereof, the parties to this agreement have hereunto set their hands, this seventh day of December, A. D. 1879.

JOHN B. TRUE.
W. L. UPSON.

Form 64.-Contract for Sinking a Shaft on a Mining Claim.

This agreement, 'made and entered into this third day of January, 1880, between John Oaks and James Hood, of Bodie, Mono County, State of California, parties of the first part, and Thos. Buckley, J. C. Turner, Wm. Irwin and Geo. H. Winterburn, of the same place, parties of the second part, witnesseth: That the parties of the first part, for and in consideration of the sum of one hundred dollars, to them in hand paid, and in further consideration of the covenants and agreements hereinafter contained on the part of the parties of the second part, do hereby covenant and agree to and with the parties of the second part, to dig, excavate, construct and sink, in a good and

workmanlike manner, a vertical mining shaft, four feet in width and eight feet in length in the clear inside, and to a depth of three hundred feet from the surface of the ground, in and upon that certain mining claim known as and called the "Eclipse Mining Claim," located and being in Bodie Mining District, county of Mono, and State of California, commencing such shaft at such point on said mining claim as a majority of the parties of the second part shall determine, for and at the rate and pay of five dollars per foot for each and every foot of the first fifty feet of said shaft from the surface of said mining claim; seven and one half dollars per foot for each and every foot of the second fifty feet thereof; ten dollars per foot for each and every foot of the third fifty feet thereof; fifteen dollars per foot for each and every foot of the fourth fifty feet of such shaft, and twenty dollars per foot for each and every foot of the last one hundred feet thereof,

[If any drifting or other work is to be done from, in or about the shaft, insert such work agreed to be done, and the agreed price for the same, here.] and to have the same complete and finished of the capacity and depth above stated, and in a good and workmanlike manner and condition, on or before the expiration of five months from the date of this contract.

In consideration of the foregoing agreements of the parties of the first part, and their performance of the same, the parties of the second part do hereby covenant and agree to pay to the said parties of the first part, for the sinking of said mining shaft as above provided, in gold coin, as follows, to wit: The sum of one hundred dollars upon the execution of this contract, and, when the first fifty feet of said shaft shall be completed, three fourths of the amount which shall then be due therefor; when the second fifty feet thereof shall be completed, three fourths of the sum which shall then be due therefor; when the third fifty feet thereof shall be completed, three fourths of the sum that shall then be due therefor; when the fourth fifty feet thereof shall be completed, three fourths of the sum that shall then be due therefor, and when the last one hundred feet, to wit: the whole of said shaft, as above provided, shall be completed according to the provisions above made, the parties of the second part agree to pay to the parties of the first part the whole of the balance then remaining due and unpaid, according to the rates per foot above stipulated, all in gold coin.

In witness whereof, the parties to this contract have hereunto