part of the second part,

hereby

heirs, executors, administrators or assigns, by reason of the permission hereinafter given, with the interest on the same hereinafter allowed, rendering the overplus of the purchase-money (if any there shall be) unto the said part of the first part, heirs, executors, administrators or assigns. And the said part-- of the first part, do further covenant, promise and agree, to and with the said partof the second part, to pay and discharge at maturity all such taxes or assessments, liens or other incumbrances now subsisting or hereafter to be laid or imposed upon said premises, or which may be in effect a prior charge thereupon, during the continuance hereof, and in default thereof, the said part-of the second part may pay and discharge the same, and may, at his option, keep fully insured against all risks by fire the buildings which are now, or may be hereafter erected thereon at the expense of the said part- of the first part, and the sums so paid shall be repayable in the same kind of money or currency in which the same may have been paid, and shall bear interest at the rate of and shall be considered as secured by these presents, and be a lien upon said premises, and shall be deducted from the proceeds of the sale thereof, above mentioned, with interest as herein provided.

per cent. per

In witness whereof, the part of the first part ha- hereunto set hand- and seal— the day and year first above written.

That said mortgagor- mortgage- to the said mortgageeall that certain personal property situated and described as follows, to wit:

[Here insert a description of the property mortgaged.]

as security for the payment to, the said mortgagee-, of of the United States of America, on the in the year A. D. eighteen hundred and

dollars in day of

—, ac

with interest thereon at the rate of per cent. per cording to the terms and conditions of a certain promissory note of even date herewith, and in the words and figures following, to wit:

[Here insert an exact copy of the note.]

It is also agreed that, if the mortgagor should fail to make any payment as in the said promissory note provided, then the mortgagee may take possession of said property, using all necessary force so to do, and may immediately proceed to sell the same in the manner provided by law, and from the proceeds pay the whole amount in said note specified.

[SEAL.]

[SEAL.]

[SEAL.]

Signed and executed in the presence of

State of California,
County of

The mortgagor

}

SS.

in the foregoing mortgage named, and the mortgagee- in said mortgage named, being duly sworn, each for himself doth depose and say that the aforesaid mortgage is made in good faith and without any design to hinder, delay, or defraud any creditor or creditors.

A chattel mortgage is of no value in the State of Nevada unless there be a delivery, and an actual and continued change of possession of the chattels mortgaged.

LEASES.

A landlord is one who lets property.

A tenant is the person who hires such property.

A lease is a contract whereby a person who has a right to the use of property conveys such use to another for a limited time at a certain rent, payable at periods specified.

In drawing a lease great care should be taken that all the conditions and liabilities on which the premises are granted and accepted are clearly specified.

Leases of real property running more than one year should be in writing, and recorded in the office of the County Recorder where the property is situated.

Form 83.-Lease.

[BANCROFT'S BLANK, No. 729.]

This indenture, made the fifth day of January, in the year of our Lord one thousand eight hundred and eighty, between David Hall, of the town of Eureka, in the County of Eureka, in the State of Nevada, party of the first part, and Harvey Carpenter, of the same place, the party of the second part, witnesseth: That the said party of the first part does, by these presents, lease and demise unto the said party of the second part all that certain lot, piece, and parcel of land,

[Here insert a description of the property leased.]

together with the appurtenances thereto belonging, for the term of one year, from the fifth day of January, one thousand eight hundred and eighty, at the monthly rent or sum of forty dollars, payable in gold coin of the United States of America, monthly in advance, on the fifth day of each and every month during said term.

And it is hereby agreed that, if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises and to remove all persons therefrom.

And the said party of the second part does hereby covenant, promise, and agree to pay the said party of the first part the said rent in the manner herein before specified, and not to let or underlet the whole or any part of the said premises without the written consent of the party of the first part:

And that, at the expiration of said term, the said party of the second part will quit and surrender the said premises in as good state and condition as reasonable use and wear thereof will permit (damages by the elements excepted).

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

If the lease be drawn for a term longer than one year it should be acknowledged and recorded.

Form 84.-Agreement of Landlord to Tenant.

bered as number

on said

This agreement witnesseth that I, John Smith, of the City and County of San Francisco, State of California, have let and rented to John Jones, of the same place, my certain house and lot on street, in said city and county, known and numstreet, for the term of one year from this date, at the monthly rental of dollars per month, payable monthly in advance, in gold coin. It is understood and agreed that said premises are not to be used or occupied for any business deemed extra hazardous on account of fire, and that the same shall not be underlet by the said Jones, without my written consent, under the penalty of forfeiture of this lease and the damages which I may sustain thereby, in a sum not less than dollars.

Given under my hand, this

Witnesses: PETER FOLTZ, JOHN KNOX.

day of

A. D. 188-.

JOHN SMITH.

Form 85.-Agreement of Tenant to Landlord. This agreement witnesseth that I, John Jones, of the City and County of San Francisco and State of California, have hired and leased of John Smith, of the same place, his certain house and lot on street, in said city and county, known and numbered as number on said street, for the term of one year from this date, at the monthly rental of dollars per month, payable monthly in advance, in gold coin; and I hereby promise and agree to make punctual payment of said rent in the manner and at the times above stated, and, at the expiration of said term, to quit and surrender the said premises in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted, and covenant not to let or underlet the whole or any part of the said premises without the written consent of my said landlord, under penalty of the forfeiture of my lease thereof, and all damages my said landlord may sustain thereby, which I agree shall be considered not less than

dollars.

JOHN JONES.

same date as the landlord's agreement].

Witnesses: PETER FOLTZ, JOHN KNOX.

The object of this work is not to supply a form for every given case, but to supply the outlines of forms in all ordinary business.

Form 86.-Notice of Raising Rent on Property.

Mr. Cyrus Jones:

Virginia City, Nevada, Jan. 3, 1880.

SIR-You will please take notice that, at the expiration of the present month, the rent of my building on lot number 232 South C street, in this city, will be raised from eighty dollars per month to one hundred and twenty dollars per month, which amount (one hundred and twenty dollars) I shall hereafter demand of you monthly in advance, or that you surrender the possession of said premises to me. Yours respectfully,

WM. OSBORNE.

Form 87.-Demand of Possession of Premises Leased. Reno, Nevada, Jan. 3, 1880.

Mr. Samuel Snyder:

SIR-Whereas [one] month's rent for my building [or for room No. in my building], numbered 77, on Virginia street, in the town of Reno, Washoe County, Nevada, leased by you from me, is now past due: You will hereby take notice that I demand that you surrender the possession of said premises to me within six [or three] days after the service of this notice on you. Yours respectfully,

JOHN SUNDERLAND.

The above form will answer under either Act in Nevada, inserting "three days" if the proceeding be under one Act and six days under the other.

[NOTE.-There is a bill respecting Mechanics' Liens pending in the present Legislature of California, which contains many excellent features. Should it become a law, the forms given in this chapter would still be good under it, for it is in harmony with these forms, but proposes to extend the time for filing liens to six months from the time the last work was done on, or the last materials were furnished for, the building or structure.]