ways as that the said term shall endure at the least thirtyone years. Yielding and paying unto the said party of the first part, his heirs and assigns yearly and every year during the term aforesaid, at such place in the county of as the said party of the first part, his heirs or assigns shall for that purpose from time to time appoint, the rent of sixty bushels of good merchantable winter wheat on the day of payment to be made on the : in every year. The first in the year And the said party of the second part, for Cov, for payhimself his executors, administrators and as- ing of rent. signs doth by these presents covenant, grant and agree to and with the said party of the first part, his heirs and assigns, in manner following, to wit: that he the said party of the second part, his executors, administrators and assigns, shall and will well and truly pay or cause to be paid unto the said party of the first part, his heirs and assigns, the yearly rent above reserved according to the true intent and meaning of these presents, clear of and over and above all taxes and reprizes whatsoever. And also that he the said party of the second To plant an part, his executors, administrators or as- orchard. signs shall and will settle on the premises within one year from the day of the date of these presents, and shall and will within the space of four years, to be computed from the day of the date of these presents, plant 100 apple trees on the said premises hereby described, on some convenient part thereof, in straight lines crossing each other at right angles at the distance of thirty feet from each other, and as often as any of the said trees shall die or decay or be destroyed during the term aforesaid, shall and will plant other trees in the place or stead of those which shall die, decay or be destroyed, and the same trees shall maintain and keep in good and sufficient order, and that if default shall at any time during the said term be made in planting the said apple trees or any of them, or in replacing such as shall decay or be destroyed in manner and form herein before provided, that then and in such case the said party of the second part,his executors, administrators or assigns shall and will pay to the said party of the first part, his heirs or assigns within one year after such default shall be made, the sum of two dollars for every apple tree so deficient ; To preserve a And also that the said party of the second wood lot. part, his executors, administrators and assigns shall and will from time to time during the term aforesaid, retain, keep and set apart twenty acres of the said land for wood, and shall not or will not cut or destroy or permit any person or persons whatsoever to cut or destroy any part of the timber and wood growing thereon, excepting only for making or repairing the buildings to be erected on the said piece or parcel of land, and for necessary fencing and fuel for a dwelling house on the same. To pay taxes. And that the said party of the second part, his executors, administrators and assigns shall and will pay all ordinary or extraordinary taxes, assessed or imposed on the said land, and shall and will at the expiration of the said term, peaceably and quietly give and yield up the possession of the said piece or parcel of land with the said buildings and fences which now are or hereafter may be erected thereon, in good repair, to the said party of the first part or his heirs or assigns: Clause of Provided always and these presents are upon re-entry. condition nevertheless, that if the said yearly rent of sixty bushels of good merchantable winter wheat or any part thereof shall be behind and unpaid by the space of six months after any of the days hereby limited for payment thereof, or if the said party of the second part, his executors, administrators or assigns shall neglect or refuse to perform any of the covenants contained in these presents, that then and from thenceforth it shall and may be lawful to and for the said parties of the first part, their heirs or assigns, into the said piece or parcel of land hereby demised to re-enter, and the same and every part thereof to have again, re-possess and enjoy, as in their first and former estate, any thing herein contained to the contrary thereof notwithstanding. of lives. Proviso a- And provided further, that if the said party bout proof of the second part, and E F and G H or any of them shall not reside on the lands hereby de mised, and none of them can at the expiration of the said thirty-one years, after reasonable search and enquiry be found, that then and in every such case and after the ex piration of one year from the date of a notice to be given in writing by the said party of the first part, his heirs or assigns, to the tenant of the said lands hereby demised, that such search and enquiry have been made without effect, it shall and may be lawful to and for the said party of the first part, his heirs or assigns into the said piece or parcel of land or into part thereof. in the name of the whole, to re-enter and the same to have again as his first and former estate, unless one of the said persons shall be produced before one of the judges of the court of common pleas of any county in the state of New York, or proof made by the affidavit of two or more credible witnesses before any one of the said judges, that one of the said persons is in full life, and unless the said party of the first part, his heirs or assigns shall receive a certificate of such production or proof and a note of the place of residence of such person before the expiration of the said year signed by the said judge. And the said party of the first part, for him- Cov. for quiet self, his heirs and assigns, doth hereby cove- enjoyment. nant, promise and agree to and with the said party of the second part, his executors, administrators and assigns, that he the said party of the second part, his executors, administrators and assigns paying the rents and performing the covenants herein before mentioned, he and they shall and may peaceably have, hold and enjoy the said premises for and during the term aforesaid, without any interruption or molestation of the said party of the first part, his heirs or any other person or persons whomsoever claiming or to claim, by, from or under him, or them, or any of them. In witness, &c. THI A Lease in Perpetuity. day of HIS Indenture, made the in the year between A B of, &c. of the first part, and CD of, &c. of the second part, witnesseth, That the said A B, for and in consideration of the sum of one dollar to him in hand paid, &c. and of the rents, covenants and conditions hereinafter contained, on the part of the said C D, his heirs, executors, administrators and assigns, to be paid, kept and performed, hath bargained, sold, demised, leased 1 and to farm let, and by these presents, doth bargain, sell, demise, lease and to farm let, unto the said C D and to his heirs and assigns, all that certain farm, piece or parcel of land, situate, &c. To have and to hold the said farm, piece or parcel of land, with the appurtenances, unto the said C D, his heirs and assigns forever: Yielding and paying therefor unto the said A B, his heirs or assigns, yearly and every year forever hereafter, the yearly rent of fifty bushels of good and merchantable winter wheat, at in and upon the day of in each year. Grant of rent. And the said CD in consideration of the said grant and demise so aforesaid to him made by the said A B, hath given, granted and confirmed, and by these presents doth give, grant and confirm unto the said A B, his heirs and assigns, a yearly rent of fifty bushels of good merchantable winter wheat forever hereafter to be issuing, going, payable and taken by and out of the lands and tenements herein before described and conveyed. To have, hold, receive, take and enjoy the said yearly rent unto the said A B, his heirs and assigns forever, the same to be paid at in and upon the day of each year clear of and over and above all taxes and reprizes whatsoever, the first payment to be made on the day of next and in case it shall so happen that the rent above reserved or any part thereof shall be behind and unpaid, by and for the space of thirty days next after any of the days of payment, then and in every such case, it shall and may be lawful to and for the said A B, his heirs and assigns, or any of them, into the whole, or any part of the said lands and tenements to enter, and there to distrain, for the said rent or the arrears thereof, and the distress so taken, to lead, drive and carry away, and the same to expose to sale at public vendue; and out of the monies therefrom arising to deduct the rent then due and in arrear, together with the costs of distress and sale and to return the overplus (if any there be ) unto the said C D, his heirs, executors, administrators or assigns. Cov. to pay rent. in And the said C D, for himself, his heirs, executors, administrators and assigns, doth covenant, grant and agree, to and with the said A B, his heirs and assigns, that he the said C D, his heirs, executors, administrators and assigns, will from time to time,. and forever hereafter, well and truly pay or cause to be paid unto the said A B, his heirs or assigns, the yearly rent above reserved and granted at the days and times and in manner aforesaid: And will also well and truly discharge and pay all taxes, charges and assessments, ordinary and extraordinary, taxed, charged or assessed, and which may be hereafter at any time taxed, charged or assessed, to or upon the said lands and tenements, or upon any part or parcel thereof, or upon the said A B, his heirs, executors, administrators or assigns, for or in respect of the said lands and tenements, or any part thereof, and indemnify the said A B, his heirs, executors, administrators and assigns, of, from and against any damages, costs and charges which he, or they, or any of them may sustain or be put to, by reason of any neglect in the due and punctual discharge and payment of the said taxes, charges and assessments, or any part of them. And the said A B, for himself, his heirs and Cov. for quiet enjoyment. assigns, doth hereby covenant and agree, to and with the said C D, his heirs and assigns, that he and they and each of them, paying the rent aforesaid, and performing, fulfilling and keeping all and singular the covenants, conditions and agreements herein contained, on his and their and each of their parts, to be performed, fulfilled and kept, shall and may lawfully, peaceably and quictly have, hold, possess, occupy and enjoy the lands and tenements hereby conveyed, and every part thereof, with the appurtenances, unto the said C D, his heirs, and assigns, without any suit, trouble, eviction, hindrance, interruption or disturbance, of, by or from the said A B, his heirs or assigns, or of, by or from any person or persons whomsoever, lawfully claiming or to claim by, from or under him, them or any of them; and that he the said A B, and his heirs shall and will hereby warrant and forever defend the said premises to the said C D, his heirs and assigns, against any person or persons lawfully claiming the same. Provided always nevertheless, and these Proviso of represents, and every thing herein contained, entry. are upon this express condition, That if it shall at any time happen, that the said yearly rent shall in whole or in part be behind for the space of 30 days after any day of payment, and that no sufficient distress can be found upsa the premises, to satisfy such rent due and in arrear as M |