CHAP. IIL

OF THE LEASE.

I A AM now to give examples of the Lease, which may be considered as imposing a burden on land, in so far as it deprives the proprietor of the natural possession of his property.

In treating of this subject, I shall, in the first section, consider the lease for the purposes of agriculture, in its constitution, transmission, and termination. In the second section, I shall consider the varieties of this deed.

SECT. I. OF THE LEASE FOR THE PURPOSES OF

AGRICULTURE.

In this section, I shall give the form of the Lease, of the Sublease, the Assignation, the Renunciation, and the form of the Removing.

1. Of the form of the Lease. The lease is a mutual contract, by which the use of land is given for a certain period at a stipulated rent: The proprietor of the ground is called the landlord or leaser; the person receiving the right,

the tenant or lessee. Where there are no conditions relative to the management of the farm, the contract of lease is a very simple deed: its constituent clauses consist of an annunciation of the parties, of the obligations on the landlord, of the obligations on the tenant, and of the mutual obligations. The obligations on the landlord consist, in general, 1st, Of the clause of assedation, containing a description of the lands with the exceptions, a description of the tenants, and the term of endurance; 2d, Of the clause of warrandice. The obligations on the tenant are usually, 1st, An obligation to pay the rent, specifying the nature of it, and the terms and proportions in which it is payable; 2d, The obligations relative to the management of the farm, and the preservation of houses and enclosures; 3d, An obligation to remove at the expiration of the lease. The mutual clauses consist of the obligation on the parties to fulfil their respective parts of the premises; the clause of registration, and the testing clause. I shall begin with the simplest form of this deed, and then mark the alterations that may occur on that part of the deed which falls more peculiarly under the depart ment of the conveyancer.

Lease.

IT is CONTRACTED, AGREED, and ENDED, betwixt A B heritable proprietor of the subjects after mentioned, on the ONE PART, AND C D tenant in ON THE OTHER PART, in manner after written; THAT IS TO SAY, the said A B has LET, and in consideration of the tack-duty after mentioned, hereby SETS, and in tack and assedation LETS, to the said C D and his heirs, * ALL and WHOLE the lands of(here the farm will be described, either by its boundaries, or as it has been possessed)—AND that for the space of

YEARS from and after his

entry thereto, which is hereby declared to commence at the term of (here the term of entry will be expressed as to the arable lands, the pasture and the houses; for instance, at the term of next as to the houses, grass, and pasturage, and at the separation from the ground of crop as to the arable land)-and from thenceforward to be peaceably possessed by the said C D and his foresaids, during the whole foresaid space; WHICH TACK the said A B BINDS and OBLIGES himself, his heirs and successors, to WARRANT to the said C D and his foresaids, at all hands, and against all mortals: FOR WHICH CAUSES,

* If assignees and subtenants are meant to be included, they must be mentioned, unless in a lease of extraordinaryendurance, or in a liferent lease,

and on the OTHER PART, the said CD BINDS and OBLIGES himself, and his heirs, executors and successors whomsoever, to make payment to the said A B Esq. and his foresaids, of the SUM of L. Sterling yearly, in name of TACKDUTY, payable at two terms in the year

and

by equal portions, beginning the first term's payment at the term of

and

the next term's payment at the term of thereafter, for the first year's rent, being crop and year and so forth, yearly and termly thereafter, during the currency of this lease, with a fifth part more of each term's payment of liquidate penalty in case of failure, and the legal interest of each term's payment, from the time that the same shall fall due, during the not-payment thereof; AND FURTHER, the said CD BINDS and OBLIGES him and his foresaids, to remove, with their servants and stocking, from the possession of the subjects hereby let, at the expiration of this lease, and that without any previous warning or process of removing; AND LASTLY, both parties BIND and OBLIGE themselves and their foresaids, to implement their respective parts of the premises to each other, under the PENALTY of L. Sterling, to be paid by the party failing, to the party observing, or willing to observe the same, and that over and above performance: AND they CONSENT to the REGISTRATION hereof in the books of Council and Session, or other Judges.

books competent, that letters of horning on six days' charge, and all other execution competent, may follow on a decree to be interponed hereto, in common form; and for that purpose they CONSTITUTE, their PROCURA

TORS, &C. IN WITNESS WHEREOF, these presents, consisting of this and the

ing pages, written by L M

preced

, on paper duly stamped in terms of law, ARE (with a duplicate hereof) SUBSCRIBED by both parties, as follows; viz. By the said A B, AT

day of and

years, in presence of

the

witnesses; AND by the said CD,

year foresaid, in presence of

J

witnesses. The place and date of subscription of the said CD, and the names and designations of the witnesses thereto, being inserted by

This is the simplest form of the lease; and I shall, in prosecution of my plan, proceed to mark, 1. Those alterations which have been devised for securing the interests of the parties, and which are independent of the agricultural parts of the lease; and, 2. The alterations intended to secure a better plan of management in the cultivation of the farm. These two divisions comprehend all the changes which occur in the lease for the purposes of agricul

ture.