Heywood

This is ejectment to recover certain leased premises, upon the ground that the lease had become forfeitéd and void. It appears from the record that on the fourth day of April, 1877, Z. B. Heywood leased to the de *659 fendant the Berkeley Land & Town Improvement Association, a corporation, the Berkeley Ferry wharf, with two strips of land, on one of which the wharf was constructed, for the term of ten years, at the rental of one dollar per year, payable in advance, with an agreement at the end of the term to execute “a new lease, similar in all respects to this, and to run the same period of ten years,” and “that this renewal clause shall be inserted in said new lease verbatim. ’ ’ In consideration of receiving the lease the lessee covenanted and agreed, among other things, “that said leased premises shall be used in good faith, continuously, during the existence of this lease, for the usual and ordinary business of a ferry to and from the city and county of San Francisco, and shall not be used for any other purpose whatever.” The lease further provided as follows: “And it is distinctly understood and agreed by and between the parties hereto that if default be made in any of the…