GUARANTEES, FORMS OF.

Continuing Guarantee for Goods to be delivered.

[A Guarantee should be founded on some consideration.] "I HEREBY guarantee the payment to Messrs. E. F. and G. H., for all goods which they may from time to time supply to John Williams, of &c. not exceeding the amount of $ [This would be sufficient; but it might, in order to prevent all questions, be as well to add the words, this is to be a continuing guarantee.'] Dated &c.

[The supplying the goods is the consideration implied.]

Other Examples of Guarantees.

A. B.

"I HEREBY guarantee the payment to Messrs. &c., for such goods as they may supply to J. W., of &c., not exceeding the amount of $- -; but this is not intended as a continuing guarantee, but only for the once supplying goods to the above amount. Dated &c."

"I hereby guarantee the debt of $100 due to you by B, in consideration of your giving him a farther credit of $200."

[This applies only to a single transaction, and is confined to the single debt of $100.]

"I hereby guarantee the debt of $100, due to you by B, on your giving him a farther credit; as also what he may contract with you from this date up to the 29th of October next."

[This applies to the debt of $100, and extends to all transactions of whatever amount, of B with the party to whom the guarantee is given, up to a given day.]

"I hereby guarantee the debt of $100, due to you by B, on your giving him a farther credit; and also any debt he may contract with you, not exceeding $500, for goods supplied to him after this date."

[In a guarantee for the debt of $100, and extending to any debt not exceeding $500, which may at any time become due for goods delivered to B, until the credit shall be recalled by him who gives the guarantee, and applies to debts successively renewed.]]

"I hereby guarantee the payment for any goods which you may deliver to B after this date."

[Extends to all transactions for goods sold to B at any future time, and to any amount, and conunues in force until the credit is recalled.]

For Debts already Due, to prevent Proceedings. "MESSRS. E. F. and G. H. having, at my request, agreed to forego proceedings which they were about to take against Mr. J. W., of &c., to enforce payment of $- due from him to them, I hereby, in consideration thereof, guarantee the payment to them of Dated &c."

that sum.

To stop Proceedings when commenced.

MESSRS. E. F. and G. H. having at my request, agreed to discontinue the proceedings taken by them against, &c. to enforce payment of &c. due from him to them, I hereby, in consideration thereof, guarantee the payment of that sum and of $

costs."

Guarantee for Payment of Rent.

"In consideration of the execution of the above-written lease, at our request we do hereby guarantee to the said A. A the true and punctual payment of the rent reserved at the times and in the manner therein mentioned, and in default thereof, promise to pay the same on demand.

Witness our hands and seals, this Executed in presence of

day of, &c.

E. G. [L.S]

F. F. [L.S.]"

Guarantee for payment of Negotiable Note. "Pay to the bearer, and for value received, I guarantee the payment of the within.

Dated, &c.

Guarantee for Collection of Note.

E. F."

"For value received I guarantee the collection of the within note. Dated, &c.

E. F."

LEASES.

The following is a Lease with full Covenants.-If the parties prefer a shorter one, such covenants can be left out as they may agree upon.

THIS INDENTURE, made this

thousand eight hundred and

day of, A. D. one by and between A. B. and

C. D.,-Witnesseth: That the said A. B., of

does here

by grant, demise, and lease, unto the said C. D., of- [here describe the premises.]

term of

To have and to hold the said [house or store] with the rights, easements and appurtenances to the same belonging, for the years, from the day of, eighteen hundred and fifty -; the said C. D., his representatives and assigns, yielding and paying the rent of dollars yearly. And the said lessee for himself, and his representatives doth covenant and agree to and with the said lessor, his representatives and assigns, that he or they will pay the said rent in quarter-yearly payments of dollars for each and every quarter during said term; the first quarterly payment to be made on the day of

now

next ensuing; and that he or they will quit and deliver up the premises to the said lessor, his representatives or assigns, peaceably and quietly, at the end of the term, in as good order and condition, (reasonable use and wearing thereof, damage by fire, or other casualties excepted,) as the same now are, and that he, the said lessee, and those holding under him, will pay the rent as above stated, and also all taxes and assessments whatsoever, whether in the nature of taxes now in being or not, which may be payable for or in respect of the said premises, or any part thereof during the said term, and also the rent and taxes, and assessments as above stated, for such further time as he, the

said lessee, or those claiming under him, may hold the premises; and that he or they will not make or suffer any waste thereof, or suffer to be made any alterations therein; nor assign this lease, nor underlet the whole or any part of the said premises; * and that the lessor, or those having his estate in the premises, at reasonable times may enter the said premises to view, and make necessary repairs† and improvements.

Provided always, and this lease is upon this condition, that if the said lessee, his representatives or assigns, do or shall neglect or fail to perform any or either of the above covenants aforesaid, which on his or their part are to be performed, then the said lessor, or those having his estate in the premises, whilst such neglect or default continues may, without further notice or demand, enter upon the said premises, and expel the said lessee and those holding under him, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant.

Provided, also, that in case the premises or any part thereof, shall, during the said term, be destroyed or damaged by fire or other unavoidable casualty, then said rent, or a just and proportional part thereof, according to the extent of the injury, shall be suspended until the said premises shall be restored to a proper condition for use, by the said lessor.‡

And the said lessor covenants and agrees with the said lessee and his representatives, that he and they performing the covenants herein contained, on his and their part to be performed, shall peaceably hold and enjoy the said demised premises without hindrance or interruption by the said lessor, or any other person or persons whomsoever.

In witness whereof, the said parties have hereunto interchangeably set their hands and seals the day and year first above mentioned. A B. [L. S] C. D. [L. S.]

Sealed and delivered in presence of

This covenant, has merely the effect of subjecting the tenant to an action of damages, if he violate it, unless the lease contain a condition against it. Repairs. A landlord is not bound to make any repairs, unless expressly agreed for in the lease.

If a house be burnt down, and the lease contain an express covenant, to pay rent (without a reservation as above,) the rent shall be paid during the whole term. When one makes an express contract, he shall be held to fulfil it, though by inevitable accident he has been deprived of the benefits for which it was incurred.

Short Lease of two Rooms, with Privileges.

THIS INDENTURE witnesseth, That I, A. B., of, do hereby demise and lease to C. D., of one back 100m in the story, with a privilege

second story, and one room in the attic

in the kitchen, back-yard, and cellar; being part of the house

and premises now occupied by A. B., [or sundry tenants], sitin the town of -.

uate in

street, No.

To have and to hold the said rooms and apartments, and the use of part of the said kitchen, yard and cellar aforesaid, during the term of one year, to commence from the day of next, the said lessee yielding and paying therefor the sum of dollars a year, payable weekly, (or monthly), by equal and even portions; the first payment to be made on the

next ensuing the date hereof.

day of Provided always, and this lease is upon this condition, that the said C. D. pay the above rent as aforesaid, and at the end of the term, peaceably quit the said premises, leaving them in as good condition and repair as they are now in, reasonable wear, accidental fire and other unavoidable casualties excepted. In witness whereof, the parties have &c.

A. B.

[L. S.]

C. D.

[L. S.]

Notice from Landlord to Tenant to Quit.

SIR,-I hereby give you notice to quit and deliver up possession of the house and appurtenances, which you now hold of me, situate No. 5 B street, in B, at the expiration of one quarter from date. [week, or month, as the case may be *] C. D., Landlord. To Mr. A. B., Tenant. Dated, Oct. 1, 185—.

Notice from Tenant to Landlord of intention to Quit. SIR,-I hereby give you notice that it is my intention to quit the house and appurtenances which I now hold of you, situate No. 5 B street, in B, at the expiration of one quarter from date.* [month, or week, as the case may be]. A. B., Tenant. To Mr. C. D.

Dated, Oct. 1, 185-.

Notice to Quit for Non-payment of Rent.

SIR,-You are hereby notified to quit the house and appurtenances in B street, in B, belonging to me, and now occupied by you, as you have neglected to pay the rent due for the same.

Dated, Oct. 1. 185-.

To A. B. Tenant.

C. D. Landlord.

NOTE. A notice should be in writing. Duplicates are usually made, which are examined, then signed, one kept, and the other served on the tenant personally, or, if he cannot be found, it may be served on his wife or domes. tic, at his dwelling-house, explaining to them the nature of the notice.

*The time of notice required by the statutes of Massachusetts, Maine, Illinois,, &c., "must be equal to the interval between the days of payment." In New York, and Connecticut, thirty days are required. A less time than is required by Statute renders the Notice void, a longer period, however, does not. See Landlord's and Tenant's Assistant,-Price 25 cents,-for Rules of different States.

MORTGAGES.

[A mortgage is a conveyance, or sale of goods, to become an absolute interest, if not redeemed at a certain time. The execution and registration is a substitute for a delivery of the articles, when they can be specified and identified by a written description.]

1. Mortgage of Personal Property.*

KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of gentleman, in consideration of the sum of dollars, to me paid by C. D., of- -, Esquire, (the receipt whereof is hereby acknowledged,) do by these presents grant, bargain, sell and convey unto the said C. D., the following articles of personal property, to wit: [or, if the goods are too numerous to be recited, say, all and singular the goods and chattels, wares, effects, and merchandize, mentioned and contained in the schedule hereunto annexed:] to have and to hold the property abovegranted, to the said C. D., his heirs and assigns, to his and their sole use forever.

*In Massachusetts, in all mortgages of personal property, if the mortgagor retains possession of the articles mortgaged, the mortgage must be recorded by the Clerk of the town where the mortgagor resides, and also by the Clerk of the town where he principally transacts his business, or follows his trade or calling. The right of the Mortgagor, or his assigns, to the property, shall not be forfeited until sixty days after the mortgagee, or his assigns, shall have given written notice to the mortgagor, or the person in possession of said property, claiming the same, of his or their intention to foreclose said mortgage for a breach of the conditions thereof, and caused a copy of the same notice to be recorded in the Clerks' offices where the mortgages are recorded.

Mortgages of personal property are discharged in like manner as real estate-see page 59.

If the mortgagor sell the property, or part thereof, without the written consent of the mortgagee, he shall be held guilty of a misdemeanor, and punished by a fine not exceeding $100, or by imprisonment not exceeding one year.

Law of Mass. 1850.

In the State of New York, a mortgage of personal property must be filed and registered if in the city of New York, in the office of the Register; if in any other city or county town, in the Clerk's office therein; if in any other town, in the Town Clerk's office. It becomes void, if not renewed before the expiration of the year

In the State of Maine, if the debt secured exceeds thirty dollars, possession of the property must be given to the Mortgagee, or the Mortgage must be recorded in the town where the Mortgagor resides.

In Rhode Island, possession of the mortgaged property should be delivered to, and retained by, the mortgagee, and the mortgage recorded by the Clerk of the town where the mortgagor resides.

In New Hampshire Mortgages of Real Estate must be recorded in the office of Register of Deeds. Mortgages of Personal Property must be recorded in the office of the town Clerk where the mortgagor resides, and the mortgagor and mortga gee must swear that the mortgage is made for securing the debt specified in the condition thereof, and for no other purpose, and that it is a just debt, honestly due from the mortgagor to the mortgagee. A second mortgage cannot be executed on the same property, without setting forth in the subsequent mortgage the existence of the previous one.

In Vermont, mortgages of machinery used in factory, shop or mill, are not valid, unless possession be delivered to and retained by the mortgagee.

In Connecticut machinery used in a manufacturing or mechanical establishment, household furniture, and hay, may be mortgaged, and the mortgagor retain possession The mortgage must be executed and recorded in all respects as mortg ges of land.

In Maryland, Mortgages of Personal Property, where mortgagor remains in possession, must be recorded in the county where mortgagor resides. Mortgages or bills of sale are not valid, except against the mortgagor or grantor, unless there be indorsed thereon the affidavit of the mortgagor or grantor, duly acknowledged at the time, setting forth that the consideration is true and bona fide.