216 Timehri. 



requires, reference must be had to such decided cases as have been heard 

 in this co'on\ T ani in other places where the Common law is the same as 

 ours. It is to be regretted that the British Guiana law reports are not of 

 much assistance, long periods elapsing during which no repor s were 

 issued. Such cases, however, as can be found will first be referred to, and 

 then oases decided in South Africa will be considered. 



To commence then with local cases. In the case of in re J. Figueira, 

 ex parte J. P. Santos Sz Co. (Insolvency, 4. 9. 1901), I submit the 

 learned Judge (Swan J.) went wrong in not distinguishing between leases 

 for a short period and leases in longum tempus. In this case he is 

 dealing with a lease for ten years, which comes within the category of 

 leases in longv/m tern/pus. Applying the judgment arrived at in Haynes 

 v. Bishop (28. 2 1865), he states that the recording or depositing of the 

 lease is not necessary in this colony to render the same pleadable in a 

 Court of law here, but he goes fur; her and states that such a lease need 

 not be in writing at all. In effect he lays down that a lease for ten 

 years need not be in writing. If he had confined such a finding to leases 

 for any period under ten years I think he would have been correct, but to 

 state that a lease for a period of ten years or longer need not be in writ- 

 ing is, I submit, quite wrong. 



I have been able to find no authority which requires short leases 

 [i.e., under ten years) to be in writing, unless as already mentioned above, 

 any party should wish to have such a lease transferred. Under the pro- 

 visions of Section 27, Ordinance 6, 1880, no transfer of anj 7 lease shall 

 be "good, valid or effectual in law" unless, amongst other requirements, 

 the original lease is deposited in the Registrar's Office. This would 

 necessarily mean the reduction of the leise to writing. The formalities, 

 however, do not take the place of other formalities which are required in 

 the case of the execution of long leases, and to such section 27 would 

 not apply. An} 7 lease executed before a Judge is retained in the office 

 and put on record just as is any transport or mortgage. 



In South Africa, prior to the settlement of the question by statute 

 (which example should be followed in this colony ) the question was un- 

 settled, or rather the Courts had given opposing judgments. It would 

 seem that the Plneaat of 1744- in Holland was the first definite require- 

 ment of what may be called the registration of all leases for a period of 

 25 years and upwards. In the case of Maynard r. Usher (2 Menzies 

 170) heard in the year 1845, it was held that this Placaat was not law in 

 Cape Colony and that a lease for 99 years neither required registration 

 nor paid transfer duty. In the case of Herbert v. And arson (2 Menzies 

 166) the Court also held that a parole lease for a year, followed by 

 possession, was paramount to a subsequent written lease. In the Orange 

 Free State, however, we find it held that the Placaat of 1744 was law, in 

 so far as it required leases of 25 years and more to be registered, but that 

 leases for less than that term were valid without registration. (FicharHt 

 »nd others v. Web!). 1889. G. L. J. 258.) 



