of the freight, and is commonly made out in triplicate; one part being sent by post to the consignee of the goods, one being retained by the shipper, and the third. given to the captain.

A bill of lading is transferable by indorsement and delivery and the property in the goods mentioned therein, and the right to sue in respect of them, passes thereby to the indorsee. (a)

(a) 18 & 19 Vict. c. 111, s. 1.

CHAPTER X.

LANDLORD AND TENANT.

§ THE CONTRACT BETWEEN LANDLORD AND TENANT is one, by which the landlord, in consideration of a rent paid by the tenant,

permits the latter to enjoy his, the landlord's, lands or houses.

1. Demise. The landlord is said to "demise," or let, the pro

perty to the tenant.

§ When the period of letting has expired, the immediate enjoyment of the property "reverts " to the landlord. 2. Reversion. The landlord's interest in the future enjoy

ment of the property at the termination of the tenancy. 3. A lease is a conveyance by way of demise of land or tenements for life, or lives, or for years, or at will.

SDIFFERENT KINDS OF TENANCIES FOR YEARS.

1. A tenancy for more than three years must be made by deed. (b)

[NOTE. 1. A lease for more than three years, not made by deed, will operate as an agreement to grant a lease. (c)

§ And specific performance of it will be granted. NOTE 2. If a tenant enter into possession under a void

lease in writing, he becomes, on payment of rent, a tenant from year to year on all the terms of the lease, not inconsistent with a yearly tenancy.

Illustration. By an agreement in writing, Martin let

to Smith a dwelling-house and premises for seven

(b) 8 & 9 Vict. c. 106, s. 3; 29 Carl. 2, c. 3, s. 1.
(c) Parker v. Taswell, 2 De G. & J. 559.

years upon certain terms, one of which was, that Smith should, in the last year of the term, paint, grain, and varnish the interior, and also whitewash and colour. Smith remained in during the seven years, and at the expiration of that time went out, and refused to do the painting, &c. In an action by Martin for these repairs, it was held that, though the lease was void as a lease, by reason of its not being by deed, still, as Smith occupied year by year till the seven years had expired, he was bound to fulfil his agreement as to the repairs; the agreement substantially being, that if he should occupy so long as seven years, he would, at the end of that time, do certain painting, &c. (a)]

2. A tenancy for less than three years, and more than one, must

be in writing in order to be enforced; as by sect. 4 of the Statute of Frauds, no action can be brought whereby to charge any person on a contract relating to the transfer of an interest in land, unless a memorandum of it has been made in writing. (b) [See ante, p. 41.] 3. A tenancy from year to year is implied by law from the fact of the tenant entering on the premises and paying some portion of an annual rent to the landlord. Illustration. Start agreed with Foster to take a house

for twenty guineas a-year, the rent to be paid weekly, and either party to be at liberty to give a three months notice from any quarter-day. Start occupied for more than a year, and paid a year's rent. It was held that he was a yearly tenant. (c)

§ A tenancy from year to year will continue to run until terminated by a lawful notice to quit.

(a) Martin v. Smith, L. R. 9 Ex. 50.

(b) 29 Carl. 2, c. 3, s. 4.

(c) Rex v. Hurstmonceaux, 7 B. & C. 551.

$ Notice to quit, in the case of a yearly tenancy, must (in the absence of any agreement to the contrary) be given six months before the expiration of, and terminating with, the current year of occupation.

For example. If Smith holds a house of Jones as a yearly tenant from January 1, 1880. Should Jones in July, 1882, desire to get rid of him, he must give him a six months notice, on or before June 30th, 1883, to quit on December 31st, 1883, because that will be the earliest date at which he can give him a clear six months notice, which will terminate at the end of a current year.

4. A tenancy for less than a year may be half-yearly, quarterly, monthly, or weekly, according as

(i) A half-yearly, quarterly, monthly, or weekly, notice to quit is stipulated for.

(ii) The rent reserved is payable half-yearly, quarterly, monthly, or weekly.

(iii) There may be any custom regulating the period of tenancy in any particular case.

Provided, that no annual rent is reserved.

Illustration. Derrett became tenant to Kemp under

an agreement "that he should always be subject to notice to quit at three months notice." This was held to be a quarterly tenancy. (d)

§ NOTICE TO QUIT must terminate with the current half year, quarter, month, or week, as the case may be. 5. A tenancy at will, is where the premises are let to the tenant to hold at the will of the lessor.

It is created by a permission by the lessor to the tenant to occupy.

As soon as any portion of an annual rent is received by the lessor, the tenancy becomes one from year to year.

(d) Kemp v. Derrett, 2 Camp. 509; and see Rex v. Hurstmonceaux, ante, p. 154.

§ A TENANCY AT WILL IS TERMINATED.

(i) By a demand of possession, no notice to quit being required.

(ii) On the doing of any act, either by the lessor or the lessee, inconsistent with an estate at will.

For example. Acts of ownership exercised on the premises by the lessor. Waste committed by the tenant. (See post, Book III. Part I. Chap. II.)

6. A tenancy on sufferance, as it is called, is in fact no tenancy at all.

It is a holding by the tenant against the will of the landlord, and is an adverse possession.

For example. When a tenant "holds over;" that is, remains in possession of the premises after the expiration of the lease.

7. Use and occupation. When the premises have been used and occupied by permission of the owner, but without any agreement as to rent, a quasi-tenancy arises, and the law implies a promise on the part of the occupier to reasonably compensate the owner for such use and occupation.

§ This presumption may be rebutted by shewing that the premises were occupied against the will of the owner; the occupier would then be a trespasser, and no contract could be implied between him and the owner.

§ THE MATERIAL TERMS, WHICH MUST BE CONTAINED IN A MEMORANDUM OF AGREEMENT FOR A LEASE (see ante, pp. 46, 153, 154) ARE

1. The name of the lessor, or his agent.

2. The name of the lessee, or his agent.

3. Some definite description of the property demised.

4. The length of the term.

5. The date of the commencement.

6. The amount of the rent (and of the premium, if any).