^ J4 Hevuw of Mr Bellas Treaflfe en Leafes, P^xig^ 



offered to the public, and equally ufeful to the lawyer as to the 

 landed proprietor and farmer. 



In explaining the nature of that contra(£l betwixt landlord and 

 tenant, by which the temporary ufe and poiTLfTion of land is be- 

 Aowed fcr a yearly rent ; giving a hiftory of this deed, and bring- 

 ing fully into view whatever relates to its conftitution ; the rights 

 which arife from it, and the a£lions by v/hich thefe rights are ta 

 be enforced — Mr Bell propofes to obferve the following arrange- 

 ment. We give it in his own words. 



* I fhall endeavour to explain the progrcfs of the leafe, previous tO 

 that period at which it appears in the authorities of our law. 



* 2. I fhall confiderit as afFeded by thefe authorities* 



* 3. I fhall then endeavour, in a commentary on the form of the leafe, 

 to explain the nature of the contraft, with all the variety of regulations 

 and conditions which the views of landlords and tenants, the peculiari- 

 ties of their fituation, or the flate and condition of the farm, may re* 

 ^uire. 



* 4. I fhall conclude this part of the fubje<ft with an inquiry into the 

 eSi;6l which, in various circumflances, is given to verbal or informal 

 leafes. 



* 5. Proceeding then to the rights arifing from the leafc, I (hall endea- 

 vour to explain the different interefls of the landlord and tenant. 



* 6- The means by which the tenant's right may be transferred t» 

 purchafers or creditors- And, 



* 7. The rules of fucceiTion by which It defcends to his heirs. 



* %, The treatife will properly be concluded by a difcuflion of the 

 forms of aftions competent to either party. ' 



Accordingly, the Firft Chapter treats of the ancient flate of 

 the leafe, in which Mr Bell endeavours to fhow, that the culti- 

 vators of the foil of this ifland were not anciently flaves, as fup- 

 pofed by Lord Kaimes, and other writers on that fubjedl, but 

 were free men •, and that * the leafe was introduced by the Ro- 

 mans i was in ufe in the times of the empire, and has continued, 

 with no very eflential alteration, to the prefcnt time. Its form 

 Avas preferved by the churchmen, whoie notaries having fucceed- 

 ed to the notaries of the empire, preferved the forms of their 

 deeds, and handed them down to the conveyancers of modern 

 Europe.' 



In illuflration of this do£\rine, Mr Bell has given, in the Ap- 

 pendix, feveral curious and leariicd nores. 



The Second Chapter treats of the leafc as affe£lcd by ftatute^ 

 which particularly includes fome difculTion relative to what leafes 

 have the benefit of the a£t of Parliament 1449, ^7 which tacks 

 are declared efFediual againlt purchafers. He particularly takes 

 notice of the cafe of the Karl of Hopctoun againft Mr Wight at 



the 



