AL The formal parts of a lease by deed are : first, the date, which ovill fix the time for its commencement, unless some other pe 'riod is specified in the instrument itself for that purpose; .but if there is no dat,e, or an impossible one, the time will be considered as having commenced from the delivery of the deed. 2 Johns. N. Y. 231 ; 15 W.end. N. Y. 656 ; 4 Barnew. & C. 272. Second, the names, of the parties, with respect to which ithe law knows but one Christian name ; and , therefore the middle letter of the name of ,either party is immaterial, and a person may 'always show he is as well known by one name as another. .14 Pet. 322. T7zird, some consideration must appear, although it need not be what is teehnically called rent, or a perIodical render of compensation for the use of the preraises ; but it may be a sum in ,gros,s, or the natural affection which one , party has.for the other. It may also consist grain, animals„ or the personal serviees of the lessee. 3 Hill, N. Y. 345 ; 1 Speers, So. C. 408. Fourth, the description of the premises need not specify all the particulars of the subject-matter of the demise, for the accessories will follow the principal thing , named; thus,, the garden is parcel of a dwell ,ing-h.ouse, and the general description of a farm includes all tbe houses and lands ap . pertaining to the farm. 9 Conn. 374 ; 4 'Ramie, Penn. 330 ; 9 Cow. N. Y. 747. But , whether certain premises are parcel of the demise or not is always matter of evidence. 14 Barb. N. Y. 434; .3 Barnew. & C. 870. Fifth, the rights and liabilities of the re epective parties are. regulated by law in the absence of any particular agreement in re spect thereto ; but express covenants are usually inserted in a lease, for the purpose of limiting or otherwise defining their rights and duties in relation to repairs, taxes, in surance renewals, residence on the premises, modes of cultivation, fixtures, and the like.
1.2. In everY well-drawn lease, provision
is made for a forfeiture:of the term in case the tenant refuses to pay rent, commits waste, or is guilty of a breach of the covenant to repair, insure, reside upon the premises, or the like. This clause enables the lessor or his assigns to re-enter in any such event upon the demised premises and 'eject the tenant, leaving both parties in the sante condition as if the lease were a nullity ; but in the ab sence of a proviso for re-entry the lessor would possess no such power, the mere breach of a covenant enabling him to sue for damages only. 3 Wils. 127 • 2 Cow. N. Y. 591 ; 2 Ov. Tenn. 233. The fo' rfeiture will generally Le enforced by the courts, except where the land lord's damages are a mere matter of compu tation and can be readily compensated by money. 7 Johns. N. Y. 235 ; 4 Munf. Va. 332 ; 2 Price, Exch. 200. But in case of a forfeiture fur the non-payment of rent, the proviso is allowed to operate simply as a se curity for rent, and the tenant will be re lieved from its effects at any time by pay ing the landlord or bringing into court the amount of all arrears of rent, with interest and costs.
13. A lease may also be terminated before the prescribed period if the premises are re quired to be taken for public uses or improve ments, or the subject-matter of demise wholly perishes or is turned into a house of ill fame. 24 Wend. N.Y. 454 ; 29 Barb. N. Y. 116 ; 5 Ohio, 303. The same result will follow when the tenant purchases the fee, or the fee de scends to him as heir at law ; for in either case the lease is merged in the inheritance: since there would be a manifest inconsistency in allowing the same person to bold two dis tinct estates immediately expectant on each other, while one of them includes the time of both, thus uniting the two opposite cha racters of landlord and tenant. 10 Johns. -N. Y. 482; 2 Carr. & P. 347; Taylor, Landl. & Ten. 502. See LANDLORD AND TENANT.