FROM THE EARLIEST TIMES. 1*3 



shorter period of freedom from rent this method is in isolated 

 cases pursued in the south of Scotland at the present time. 



Several old leases prohil^it the keeping of sheep on lowland 

 farms, and the writer has lately seen a lease with this alisurd 

 condition. The origin was evidently for the protection of the 

 hedges, and as cattle w^ere then the principal stock on such land, 

 some proprietors thought that this condition would entail no 

 great hardship. The exclusion of this very valuable anunal from 

 the stock even of a lowland farm could not but result in an in- 

 jury to agriculture. 



The "Common Law" is one of the features of our jurisprudence 

 wliich has been bequeathed to us after having stood the test of 

 succeeding ages. It is in reality a digest of the laws of the clans 

 originally derived from the Eoman law and possibly mixed up, 

 perhaps improved, by the Celts and Saxons. The general sound- 

 ness of the dicta of the common law seems to make it unassail- 

 able. 



Circumstances affecting the Modern Lease. 



Any person over twenty-one years of age, and free from any 

 legal or natural incapacity or hmitation, can grant a lease. If a 

 lessor's title were incomplete and reduced in consequence, the 

 lessee's right would fall along with it. An heir of entail enjoys 

 all the rights and privileges of which he has not been divested ; 

 but if he grant a lease it must — however long — be defined as to 

 duration and be followed by possession. An heir of entail can 

 now grant a lease of more than ordinary duration of not more 

 than one-eighth of the estate; but the mansion-house and policies 

 must not be included in the portion let. If it can be shown, 

 however, that a long lease is necessary for reaping the full pro- 

 fits, twenty-one years — the statutory period — may be exceeded. 

 An lieh" of entail can accept a renunciation of an old lease and 

 grant a new one ; but he cannot grant a new one to begin after 

 the termmation of the old, which would be good against a pur- 

 chaser or smgular successor, excepting only that possession had 

 begun under the new one before the entry of the successor. 

 Factors' acts in regard to leases are only valid through a wiitten 

 commission. 



Almost any one can be a lessee ; but a lease entered on by an 

 insane person can be reduced by curators, hehs, or creditors, but 

 not by the lessor. Eoman Catholics, ahens, and even butchers 

 were formerly restricted in regard to leasing, but now enjo}' the 

 same privileges as other citizens. A married woman must have 

 the consent of her husband, and a minor can become a lessee ; 

 but if injurious, the lease can be reduced. If he have curators, 

 then* consent is needed ; if not, his own execution is sufficient. 

 An administrator cannot enter into a new contract, but can 



