2694. HUMORISTS tell us there is no act of our lives which can be performed without breaking through some one of the many meshes of the law by which our rights are so carefully guarded; and those learned in the law, when they do give advice without the usual fee, and in the confidence of friendship, generally say, "Pay, pay anything rather than go to law;" while those having experience in the courts of Themis have a wholesome dread of its pitfalls. There are a few exceptions, however, to this fear of the law's uncertanties; and we hear of those to whom a lawsuit is an agreeable relaxation, a gentle excitement. One of this class, when remonstrated with, retorted, that while one friend kept dogs, and another horses, he, as he had a right to do, kept a lawyer; and no one had a right to dispute his taste. We cannot pretend, in these few pages, to lay down even the principles of law, not to speak of its contrary exposition in different courts; but there are a few acts of legal import which all men-and women too-must perform; and to these acts we may be useful in giving a right direction. There is a house to be leased or purchased, servants to be engaged, a will to be made, or property settled, in all families; and much of the welfare of its members depends on these things being done in proper legal form.

2695. PURCHASING A HOUSE.-Few men will venture to purchase a frechold, or even a leasehold property, by private contract, without making themselves acquainted with the locality, and employing a solicitor to examine the titles,; but many do walk into an auction-room, and bid for a property upon the representations of the auctioneer. The conditions, whatever they are, will bind him; for by one of the legal fictions of which we have still so many, the auctioneer, who is in reality the agent for the vendor, becomes also the agent for the buyer, and by putting down the names of bidders and the biddings, he binds him to whom the lot is knocked down to the sale and the conditions,-the falling of the auctioneer's hammer is the acceptance of the offer, which completes the agreement to purchase. In any such transaction you can only look at the written or printed particulars; any verbal statement of the auctioneer, made at the time of the sale, cannot contradict. them, and they are implemented by the agreement, which the auctioneer calls

on the purchaser to sign after the sale. You should sign no such contract without having a duplicate of it signed by the auctioneer, and delivered to you. It is, perhaps, unnecessary to add, that no trustee or assignee can purchase property for himself included in the trust, even at auction; nor is it safe to pay the purchase money to an agent of the vendor, unless he give a written authority to the agent to receive it, besides handing over the requisite deeds and receipts.

2696. The laws of purchase and sale of property are so complicated that Lord St. Leonards devotes five chapters of his book on Property Law to the subject. The only circumstances strong enough to vitiate a purchase, which has been reduced to a written contract, is proof of fraudulent representation as to an encumbrance of which the buyer was ignorant, or a defect in title; but every circumstance which the purchaser might have learned by careful Investigation, the law presumes that he did know. Thus, in buying a leasehold estate or house, all the covenants of the original lease are presumed to be known. "It is not unusual," says Lord St. Leonards, "to stipulate, in conditions of sale of leasehold property, that the production of a receipt for the last year's rent shall be accepted as proof that all the lessor's covenants were performed up to that period. Never bid for one clogged with such a condition. There are some acts against which no relief can be obtained; for example, the tenant's right to insure, or his insuring in an office or in names not authorized in the lease. And you should not rely upon the mere fact of the insurance being correct at the time of sale: there may have been a prior breach of covenant, and the landlord may not have waived his right of entry for the forfeiture." And where any doubt of this kind exists, the landlord should be appealed to.

2697. Interest on a purchase is due from the day fixed upon for completing: where it cannot be completed, the loss rests with the party with whom the delay rests; but it appears, when the delay rests with the seller, and the money is lying idle, notice of that is to be given to the seller to make him liable to the loss of interest. In law, the property belongs to the purchaser from the date of the contract; he is entitled to any benefit, and must bear any loss; the seller may suffer the insurance to drop without giving notice; and should a fire take place, the loss falls on the buyer. In agreeing to buy a house, therefore, provide at the same time for its insurance. Common fixtures pass with the house, where nothing is said about them.

2698. There are some well-recognized laws, of what may be called goodneighbourhood, which affect all properties. If you purchase a field or house, the seller retaining another field between yours and the highway, he must of necessity grant you a right of way. Where the owner of more than one house sells one of them, the purchaser is entitled to benefit by all drains leading from his house into other drains, and will be subject to all necessary drains for the adjoining houses, although there is no express reservation as tɔ drains.

Thus, if his nappens to be a leading drain, other necessary drains may be opened into it. In purchasing land for building on, you should expressly reserve a right to make an opening into any sewer or watercourse on the vendor's land for drainage purposes.

2699. CONSTRUCTIONS.-Among the cautions which purchasers of houses, land, or leaseholds, should keep in view, is a not inconsiderable array of constructive notices, which are equally binding with actual ones. Notice to your attorney or agent is notice to you; and when the same attorney is employed by both parties, and he is aware of an encumbrance of which you are ignorant, you are bound by it; even where the vendor is guilty of a fraud to which your agent is privy, you are responsible, and cannot be released from the consequences.

2700. THE RELATIONS OF LANDLORD AND TENANT are most important to both parties, and each should clearly understand his position. The proprietor of a house, or house and land, agrees to let it either to a tenant-at-will, a yearly tenancy, or under lease. A tenancy-at-will may be created by parol or by agreement; and as the tenant may be turned out when his landlord pleases, so he may leave when he himself thinks proper; but this kind of tenancy is extremely inconvenient to both parties. Where an annual rent is attached to the tenancy, in construction of law, a lease or agreement without limitation to any certain period is a lease from year to year, and both landlord and tenant are entitled to notice before the tenancy can be determined by the other. This notice must be given at least six months before the expiration of the current year of the tenancy, and it can only terminate at the end of any whole year from the time at which it began; so that the tenant entering into possession at Midsummer, the notice must be given to or by him, so as to terminate at the same term. When once he is in possession, he has a right to remain for a whole year; and if no notice be given at the end of the first half-year of his tenancy, he will have to remain two years, and so on for any number of years.

2701. TENANCY BY SUFFERANCE.-This is a tenancy, not very uncommon, arising out of the unwillingness of either party to take the initiative in a more decided course at the expiry of a lease or agreement. The tenant remains in possession, and continues to pay rent as before, and becomes, from sufferance, a tenant from year to year, which can only be terminated by one party or the other giving the necessary six months' notice to quit at the term corresponding with the commencement of the original tenancy. This tenancy at sufferance applies also to an under-tenant, who remains in possession and pays rent to the reversioner or head landlord. A six months' notice will be insufficient for this tenancy. A notice was given (in Right w. Darby, I.T.R. 159) to quit a house held by plaintiff as tenant from year to year, on the 17th June, 1840, requiring him "to quit the premises on the 11th October following, or such other day as his said tenancy might expire." The tenancy had commenced on the 11th October in a former year, but it was held that this was

not a good notice for the year ending October 11, 1841. A tenant from year to year gave his landlord notice to quit, ending the tenancy at a time within the half-year; the landlord acquiesced at first, but afterwards refused to accept the notice. The tenant quitted the premises; the landlord entered, and even made some repairs, but it was afterwards held that the tenancy was not determined. A notice to quit must be such as the tenant may safely act on at the time of receiving it; therefore it can only be given by an agent properly authorized at the time, and cannot be made good by the landlord adopting it afterwards. An unqualified notice, given at the proper time, should conclude with "On failure whereof, I shall require you to pay me double the former rent for so long as you retain possession."

2702. LEASES.-A lease is an instrument in writing, by which one person grants to another the occupation and use of lands or tenements for a term of years for a consideration, the lessor granting the lease, and the lessee accepting it with all its conditions. A lessor may grant the lease for any term less than his own interest. A tenant for life in an estate can only grant a lease for his own life. A tenant for life, having power to grant a lease, should grant it only in the terms of the power, otherwise the lease is void, and his estate may be made to pay heavy penalties under the covenant, usually the only one onerous on the lessor, for quiet enjoyment. The proprietor of a freehold— that is, of the possession in perpetuity of lands or tenements—may grant a lease for 999 years, for 99 years, or for 3 years. In the latter case, the lease may be either verbal or in writing, no particular form and no stamps being necessary, except the usual stamp on agreements; so long as the intention of the parties is clearly expressed, and the covenants definite, and well understood by each party, the agreement is complete, and the law satisfied. In the case of settled estates, the court of Chancery is empowered to authorize leases under the 19 & 20 Vict. c. 120, and 21 & 22 Vict. c. 77, as follows :— 21 years for agriculture or occupation.

40 years for water-power.

99 years for building-leases.

60 years for repairing-leases.

2703. A lessor may also grant an under-lease for a term less than his own: to grant the whole of his term would be an assignment. Leases are frequently burdened with a covenant not to underlet without the consent of the landlord: this is a covenant sometimes very onerous, and to be avoided, where it is possible, by a prudent lessee.

2704. A lease for any term beyond three years, whether an actual lease or an agreement for one, must be in the form of a deed; that is, it must be "under seal ;" and all assignments and surrenders of leases must be in the same form, or they are void at law. Thus, an agreement made by letter, or by a memorandum of agreement, which would be binding in most cases,

would be valueless when it was for a lease, unless witnessed, and given under hand and seal. The last statute, 8 & 9 Vict. c. 106, under which these precautions became necessary, has led to serious difficulties. "The judges," says Lord St. Leonards, "feel the difficulty of holding a lease in writing, but not by deed, to be altogether void, and consequently decided, that although such a lease is void under the statute, yet it so far regulates the holding, that it creates a tenancy from year to year, terminable by half a year's notice; and if the tenure endure for the term attempted to be created by the void lease, the tenant may be evicted at the end of the term without any notice to quit." An agreement for a lease not by deed has been construed to be a lease for a term of years, and consequently void under the statute; "and yet," says Lord St. Leonards, " a court of equity has held that it may be specifically enforced as an agreement upon the terms stated." The law on this point is one of glorious uncertainty; in making any such agreement, therefore, we should be careful to express that it is an agreement, and not a lease; and that it is witnessed and under seal.

2705. AGREEMENTS.—It is usual, where the lease is a repairing one, to agree for a lease to be granted on completion of repairs according to specification. This agreement should contain the names and designation of the parties, a description of the property, and the term of the intended lease, and all the covenants which are to be inserted, as no verbal agreement can be made to a written agreement. It should also declare that the instrument is an agreement for a lease, and not the lease itself. The points to be settled in such an agreement are, the rent, term, and especially covenants for insuring and rebuilding in the event of a fire; and if it is intended that the lessor's consent is to be obtained before assigning or underleasing, a covenant to that effect is required in the agreement. In building-leases, usually granted for 99 years, the tenant is to insure the property; and even where the agreement is silent on that point, the law decides it so. It is otherwise with ordinary tenements, when the tenant pays a full, or what the law terms rack-rent; the landlord is then to insure, unless it is otherwise arranged by the agreement.

2706. It is important for lessee, and lessor also, that the latter does not exceed his powers. A lease granted by a tenant for life before he is properly in possession, is void in law; for, although a court of equity, according to Lord St. Leonards, will, "by force of its own jurisdiction, support a bona fide lease, granted under a power which is merely erroneous in form or ceremonies," and the 12 & 13 Vict. c. 26, and 13 & 14 Vict. c. 19, compel a new lease to be granted with the necessary variations, while the lessor has no power to compel him to accept such a lease, except when the person in remainder is competent and willing to confirm the original lease without variations, yet all these difficulties involve both delay, costs, and anxieties.

2707. In husbandry leases, a covenant to cultivate the land in a husbandlike manner, and according to the custom of the district, is always implied; but