SELECTION OF A WATER 315 



the rent payable during the second and third terms of 

 seven years. 



Before finally entering into a contract the lessee 



must satisfy himself that he has 

 Form of agreement. a right of access to the water 



and a right-of-way along the 

 banks. It is well to stipulate that rates and taxes 

 should be paid by the landlord, who should also keep 

 the banks, planks, hatches, etc., in proper repair. A 

 formal agreement should be drawn up by the lessor's 

 solicitors and submitted for approval to the lessee's 

 solicitors. The last chapter of " Fishing " in the 

 " Country Life Library of Sport," written by Mr. G 

 Willis Bund, should be carefully read, and the parts 

 referring to angling agreements require close study on 

 the part of anyone intending to take a lease of dry-fly 

 water. 



It is clearly and correctly laid down by Mr. Willis 

 Bund that a right of fishing being an incorporeal here- 

 ditament can only be conveyed by deed under seal and 

 not under an agreement by hand. It is well for the 

 tenant to see that his lease or agreement is drafted 

 in accordance with this legal maxim. It was, how- 

 ever, pointed out to me by an eminent Chancery 

 barrister that in an agreement under hand, pur- 

 porting to convey a right of fishing, a clause could 

 be inserted stating that, if required by either party 

 to the agreement, a proper lease must be drawn 

 and executed by both parties. He told me that in 

 equity such a clause would be held to compel either 



