A Treatise on the Law of Leases

to add that a variety of Forms, not in the first part of the Appendix, will be found amongst the Precedents.

My reasons for omitting to supply some short Precedents under the Act of 8 & 9 Vict. c. 124, "to facilitate the granting of certain leases," lie in a narrow compass. The first and principal one is, that I believe leases of the description alluded to are, and will continue, almost wholly unknown in practice. With great submission to those who entertain a different opinion, I cannot think that a good system which renders reference to a foreign instrument necessary to the construction of the one by which parties profess to be bound; their own being in fact but a brief abstract of a document to which they can rarely have access otherwise than through the agency of their professional adviser, and being comprised in terms which are to signify much beyond their ordinary import. I doubt whether the diminution of expense will, after all, be so great as the advocates for the Act anticipate; for the length of a qualification, where necessarily introduced, will, in a great degree, counterbalance the saving effected by the adoption of the Statutory form. Suppose, for example, a party to take a lease on the understanding that he is to pay rent, and to repair during the term, and to yield up possession of the premises in repair at the end of the term, without reference to accidents by fire: In this case, he would, in compliance with the Statute, covenant "to pay rent," (as in column I., No. 1.,) "and to repair," (as in column I., No. 3,) “and” (varying the style) "that he will leave premises in good repair," (as in column I., No. 10;) but, on referring to column II. of that number, it appears that those words signify that he is not to leave them in good repair under all circumstances, but is to have the benefit of an exception of "reasonable wear and tear

and damage by fire," which would be clearly inconsistent with the former general covenant to repair. The Draftsman would, therefore, be put to the alternative of declaring, in some form of words, that the covenant to yield up in repair should not be construed to contain the exception, or of setting out the covenant at full length without the exception; thus presenting a sad medley of ordinary and statutory forms in the same deed. It is fortunate, however, that they who desire their leases to be prepared in conformity with the Act, which, together with the abridged Forms, is inserted in the Appendix, Vol. II., p. 577, et seq., will find in it ample directions for their guidance. The real evil to be complained of is not so much the length of the usual clauses, as the severe pressure of the stamp duties, from which even the Counterpart and Duplicate are not exempt.

An analytical Table of Contents, with corresponding pages, and a copious verbal Index, by rendering the work accessible in its detail, have been considered sufficient to supersede a marginal abstract throughout the work.

And now I dismiss a subject which has engaged my attention for some years in the intervals of business, and cannot but feel that, although in the toil of this life our endeavours fail of success, the mind finds a secret reward in the consciousness of an attempt to be useful.

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