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SCHEDULE OF FORMS TO WHICH THIS ACT

REFERS.

day of

in the

at

396

New Statutes.- Review : Platt's Treatise on the Law of Leases, the trial shall be shall certify his approbation may be noticed in regard to the subject of of the action and of the verdict obtained there these volumes. 1st. There is no form of upon.

deed throughout the wide range of Convey18. Extent of act. - That nothing in this act ancing practice so frequently used by the contained shall extend to Scotland or Ireland.

practitioner as a Lease. 2nd. There is no other deed so frequently drawn by the solicitor on his sole responsibility, nor any

which is so rarely submitted to the revision Form of Certificate of Dismissal.

of counsel. WE of her Majesty's justices

It is certain, however, that the law reto wit. of the peace for the county of lating to leases is not only of the greatest [or I, a magistrate of the police court of as the case may be,] do hereby certify, That on

practical importance, but that it involves the

many very nice and difficult questions. of our

year Lord

in the said county of Seeing the utility of a treatise on a subject M. N. was brought before us the said so universal, it is not a little singular that justices (or me the said magistrate) charged the field should have remained to the prewith the following offence, (that is to say,) [here sent time almost unoccupied. The imstate briefly the particulars of the charge,] and portance of the subject has evidently been that we the said justices (or I the said magis- underrated. Inasmuch as comparatively trate] thereupon dismissed the said, charge. few questions and few drafts of leases are Given under our hands (or my hand] this day of

submitted to counsel, it has been inferred,

probably, that the matter was comparaForm of Conviction.

tively insignificant. There is, indeed, an 2 Be it remembered, That on the

old book by Bacon on Leases and Terms to wit. day of

in the year of our for Years, with Precedents, published in Lord one thousand eight hundred and 1798; one by Bailey in 1807 ; and an Inat

in the county of [or quiry into the Nature of Leases, by Clark, riding, division, liberty, city, &c., as the case in 1818. The law is also concisely treated may be,] A. O. is convicted before us, J. P. and of in various digests and abridgments. Q.PR., two of her Majesty's justices of the peace But it remained for Mr. Platt to present for the said county (or riding, &c.,] [or me, S. T., a magistrate of the police court of

the profession with a full and complete as the case may be,] for that he the said A. O. treatise of the whole law and practice redid (specify the offence, and the time and place lating to leases, accompanied by an ample when and where the same was committed, as the collection of precedents, and we are glad case may be, but without setling forth the evi- that the work has fallen into such compe the said S. T.] adjudge the said A. o. for his tent hands, equally in regard to practical said offence to be imprisoned in the

experience and professional learning. [or to be imprisoned in the

and there

In the 1st Part, the author gives the kept to hard labour for the space of .] definition, and sets forth the nature of a (or we (or 1] adjudge the said A. O. for his lease. said offence to forfeit and pay

,] [here The 2nd Part treats of the subjects of state the penalty actually imposed.] and in de- demise ; and the 3rd of the contracting fault of immediate payment of the said sum, to parties; and of their contract or agreement be imprisoned in the

[or to be im- under the following heads :prisoned in the

and there kept to hard labour] for the space of

unless

1. Who may be lessors. the said sum shall be sooner paid. Given

2. Who may be lessees. under our hands and seals [or my hand and 3. Of leases between particular individuals. seal] the day and year first above mentioned. 4. Of the contract or agreement.

The 4th Part relates to the term of the NOTICES OF NEW BOOKS.

lease,

1. As to leases at will. A Treatise on the Law of Leases, with Forms 2. As to leases for any aliquot part of a year;

and Precedents. By Thomas Piatt, for a year ; or from year to year.
Esq., of Lincoln's Inn, Barrister-at-Law, 3. As to leases for an absolute term of years.
Author of “A Practical Treatise on the 4. As to leases for a term of years determin-
Law of Covenants.” In 2 vols. Lon.

able with a life or lives, or on any other event. don A. Maxwell & Son, 1847. Pp. an accesssional term on an event.

5. As to leases for a term, with the grant of 1695.

6. As to leases for life or lives. There are two remarkable points which

7. As to renewable leases.

:

Review : Platt's Treatise on the Law of Leases, with Forms and Precedents. 397 Part the 5th comprises the instrument Mr. Platt has evidently entered on his of demise, its essential and formal parts. task with great zeal. He lias collected his

inaterials with unwearied diligence and re1. Of leases by writing, parol, and dced. 2. Of the date.

search, arranged them in excellent order, 3. Of the parties.

and discussed every inportant point with 4. Of the recitals.

much learning and discrin ination. We 5. Of the testatum.

could have wished, if possible, that the 6. Of the parcels, and clauses of reversion work had been somewhat less bulky and and estate.

elaborate, and yet we know not what part 7. Of the exceptions and reservations.

could have been abridged without injury to 8. Of the habendum. 9. Of the reddendum.

the completeness of the treatise. 10. Of the covenants.

Standard works, like that before us, are 11. Of the proviso for re-entry on non-pay- of course mainly founded on statutes and ment of rent or non-performance of covenant. decisions. Following the language of the

12. Of the counterpart and duplicate of the legislature and the court, they become safe lease.

guides for the profession. It is dangerous The 6th Part treats of the duration of to depart from the ipsissima verba of the the liability of the covenanting parties; act or judgment, and a legal writer has and of the effect of the transmission by act rarely an opportunity of displaying any of law, or alienation by act of the party, of literary attainments, excepting in his prethe reversion or she lease.

faceor introduction. Sad work is often made 1. Of the relative rights and liabilities of

in an attempt to usher in a very useful and lessor and lessee.

learned work by a highly wrought address. 2. Of the effect produced on the tenancy by Mr. Platt bas, we think, succeeded in the death of the lessor.

this somewhat difficult effort, and ex3. Of the effect produced on the tenancy by pounded the design and object of his work the death of the lessee.

in an able and unassuming manner. He 4. Of the effect produced on the tenancy by the lessor's assignment during life of his rever

says, sion : considered with reference as well to the

“ If the value of a work depended on the inrights as the liabilities of the assignee.

terest of the subject selected, the one now sub5. Of the effect produced on the tenancy by mitted to the profession might fearlessly comthe lessee's assignment during life of his term : pete for favour with its many distinguished considered with reference as well to the rights predecessors; for few, there are who pass as the liabilities of the assignee : and of the through life unaifected by the discussions conprinciples on which covenants run with the tained in it, either directly as principals, or inland.

directly in a representative character. But I 6. Of the effect produced on the tenancy by am aware (he adds) that neither the importthe bankruptcy of the lessee.

ance of a theme nor its practical utility can 7. Of the effect produced on the tenancy by supply the defects of imperfect analysis or inthe acts passed for the relief of insolvent adequate illustration. With this principle in debtors.

view at the commencement and during the 8. Of the effect produced on the tenancy by progress of my task, I earnestly applied myself the lessee's assigning his property to trustees to the branch of law investigated in these for the benefit of his creditors.

pages. To perform my duty, I have exerted

powers, neither shrinking from labour, Part the 7th concerns the determination nor yielding to anxiety or fatigue. The result of the lease and its consequences.

in print, however, assures me that I proposed 1. On the determination of the lease before to myself a standard beyond my reach; and I its regular expiration by effluxion of time.

am painfuily sensible of the difference between 2. Of the determination of the lease by ef- design and execution. From these remarks, it fluxion of time, and of the effect of holding will appear, that whatever errors may be disover.

covered in my work are traceable to want of

judgment, and not to indolence. Iu extenuaThe 8th Part relates to the preparation, tion, I can only say, that, in possession of more custody, production, stamping and re- learning that has fallen to my lot, I should gistration of leases and of indorsements. have produced a better book. At the same

time, I trust that my endeavours will not be 1. Of the preparation of the lease and wholly futile: that they may at least put the counterpart. 2. Of the custody and production of the lease tion from the reports and statutes referred to,

reader in the way of obtaining further informaand counterpart. 3. Of the stamping of the lease and counter

the only legitimate basis of a treatise of this

nature." part, and also of agreements for leases. 4. Of the registration of leases.

The author in anticipation of an ob5. Of indorsements of leases.

jection states, that he has thouglit it more

my best

398 Review : Platt's Treatise on Leases.- Improvements in Chancery Practice. advisable in a few instances to examine are to signify much beyond their ordinary imunder one head the several subordinate and port. He doubts whether the diminution of collateral bearings of his subject, than to expense will

, after all, be so good as the advodistribute them under separate divisions of cates for the act anticipate : for the length of a the work.

qualification where necessarily introduced, will,

in a great degree, counterbalance the saving “ This,” he

says, “ will be particularly ob- effected by the adoption of the statutory form. servable in the Chapter on the Reddendum, Suppose, for example, a party to take a lease where not only the considerations peculiarly on the understanding that he is to pay rent, appropriate to that division, but the ramifica- and to repair during the term, and to yield up tions incident to it, such as the suspension and possession of the premises in repair at the end apportionment of rent, the effect of the statutes of the term, without reference to accidents by of limitation on the lessee's liability to pay rent, fire : in this case, he would, in compliance with and the relief afforded in equity, have also been the statute, covenant “ to pay rent” (as in discussed. A similar course has been pursued column I, No. 1,) "and to repair," (as in in the Chapter on Renewals. The convenience column I., No. 10;) but, on referring to column of the plan compensates for a departure from a II. of that number, it appears that those words more logical arrangement.”

signify that he is not to leave them in good re

pair under all circumstances, but is to have the The general rule for the construction of benefit of an exception of reasonable weat a lease, and the law relating to its altera- and tear and damage by fire,” which would be tion by erasure, cancellation, and the like, clearly inconsistent with the general covenant as well as to its being duly executed, being to repair. The draftsman would, therefore, be common to all deeds, have not been speci: put to the alternative of declaring, in some ally noticed, as they offer nothing particu- form of words, that the covenant to yield up in larly applicable to, or illustrative of, the repair should not be construed to contain the doctrine under consideration.

exception, or of setting out the covenant at full

length without the exception; thus presenting Mr. Platt observes, that the difficulty of a sad medley of ordinary and statutory forms procuring good precedents of leases is in the same deed. It is fortunate, however, greater than can be conceived. They are

that they who desire their leases to be prepared often prepared by persons not very conver- the abridged forms, is inserted in the Appendix,

in conformity with the act, which, together with sant with conveyancing, and are propor- Vol. ii., p. 577, et seq., will find in it ample ditionably loose and unsatisfactory.

rections for their guidance. The real evil to be Those contained in the appendix to this work complained of is, not so much the length of the have been selected from a large number, as

usual clauses, as the severe pressure of the best calculated, from their various objects

, to stamp duties, from which even the counterpart prove of practical service. In preparing the and duplicate are not exempt.” detached forms, Mr. Platt has aimed at a We close this notice, doubting not that middle course, and, while divesting them of the learned author will be amply rewarded much of the abundant phraseology by which for his meritorious labours. they have hitherto been characterised, has endeavoured to preserve the technical style and cantilena so desirable in all formal instruments. IMPROVEMENTS IN CHANCERY A variety of Forms, not in the first part of the Appendix, will be found amongst the Prece

PRACTICE. dents. The author's reasons for omitting to

AFFIDAVIT OFFICE. supply some short precedents under the The abolition of the Public Office in act of 8 & 9Vict. c. 124, “ To facilitate the Chancery, and the transfer of the business Granting of certain Leases,” are thus to the Clerk of Affidavits, is an alteration stated :

“in the right direction.” The time of one “ The first and principal one is, that he be- of the Masters is saved to the suitors, and lieves leases of the description alluded to are, there is some gain to the practitioners by and will continue, almost wholly unknown in performing the act of swearing and filing practice. With great submission to those who the affidavits at the same time and place. entertain a different opinion, Mr. Platt states, This is one of the improvements which that he cannot think that a good system which was suggested by an eminent solicitor in renders reference to a foreign instrument ne- the 1st volume of the Legal Observer nearly cessary to the construction of the one by which parties profess to be bound, their own being 17 years ago. It was thus written :in fact but a brief abstract of a document to Office copies to be made in a useful form which they can rarely have access otherwise on brief paper, and at 4d. a folio, which leares than through the agency of their professional ample profit. A fee of 6d. to be paid besides adviser, and being comprised in terms which for filing, and for searches.

cieties;

Parliamentary Report on Legal Education.

399 “ Affidavits in town to be sworn at the affi- demand, to fit them for places of special davit office, on filing them.”

legal eclucation. In this view, all witnesses, Another suggestion was made at the same land or Ireland, concur.

professional and non-professional, from Eng

Whatever differences time, which has not yet been, but we trust exist, refer only to the manner in which such will be, carried into effect, namely,

project may best be carried out. "To prevent delay, every person filing an

In England there are several of these soaffidavit should deliver a copy the same day to

in Ireland one. The question, therethe opposite party, who should be at liberty to fore, arises, whether these societies should act examine it, for a small fee, with the original.” each'in its sphere, for one general end,

» independently of each other, or co-operate, 1 L. 0. 88.

“ The great majority of witnesses decide in One more and a very important recom- favour of the latter proposition. They suggest mendation

may still be made,-namely, the that the several Inns of Court, instead of each authority to solicitors in different parts of establishing for its own members a series, and the town to administer oaths.

possibly the same series of lectures, should each found a certain number, the most appropriate

to that particular Inn, to which admission LEGAL EDUCATION.

should be open to the members of all. The several Inns would thus form the colleges, as it

were, of one common university: in this parPROPOSED LAW UNIVERSITY.

ticular as in others, (such as their common In order to submit

the Report of the halls, chapels, libraries, &c.,) resembling our Committee on Legal Education in a con- existing universities; and having in the bench, venient form to our readers, we have sub- as their common head, the counterpart of the divided it into various portions :-endea institutions.

senate, council, or caput academicum of these vouring in each instance to present a dis- “ The number, classification, and apportiontinct section or topic for their consideration. ment of these lectureships and courses to the Pursuing this plan, we now advert to the respective Inns, must in great measure depend statements and recommendations of the upon the circumstances of each, and the committee for remodelling the Inns of opinions and wishes of their several authorities Court, and forming out of them a College point out, or that can indeed be looked for in

and members. All that witnesses at present or University of the Law. On leaving the university, (say the the first instance, be made for instruction in

any project, is that due provision should, in committee) every student proceeds to the great departments of the profession, such select and prepare for that profession as the Law of Real Property, Common Law, to which he or his friends consider him Criminal Law, Constitutional Law; and then best suited; and it is then that the gradually in those subsidiary branches confuture lawyer looks around for special nected with the principal, such as Commercial instruction. It is then also that the pub- cedure, &c., &c. The last class might likewise

Law, Medical Jurisprudence, General Prolic, but above all his own profession, ought embrace those departments for which chairs to be ready to meet him. An institution were also provided in the universities; such as for special professional instruction in the International Law, Comparative Constitutional two branches of the profession, now be- Law, &c.; and which so might form the link comes necessary, and following the course (at least might so be treated in the Inns of of the example and experience of the two

Court as to answer that purpose) between proother learned professions, it does not ap- would it be unwise, that two chairs should be

fessional and non-professional studies. Nor pear that its organization and management endowed by the Inns in common, on the plan can be confided with more propriety and of similar chairs in foreign universities; the advantage to any body than to the profes- one for the purpose of conveying instruction sion itself; and the committee proceed to on the Methods and History of Law, and which state that

might serve as the introduction to whatever

course the student might think proper to adopt “It so happens, that this view is not only afterwards; the other on the great principles the most rational, but in the present instance of General Jurisprudence, or the Philosophy of the most practicable. The profession in these Law and Legislation, which might in a like. countries have a recognized organ for such manner serve for its conclusion. The character purposes in the ' Inns of Court;' societies not of these professorships may appear somewhat only commanding the consideration of the pub- less practical that that of others, and so far may lic and profession, but originally, as it appears seem to depart from what ought to be regarded from the evidence before your committee, and maintained as the peculiar character of founded and endowed for these very objects, this institution, as contrasted to that of the and thus requiring no innovation, but such universities; but this objection on a little remodifications only as existing society may flection will disappear. When it is considered

400

Parliamentary Report on Legal Education. how much time and labour may be saved, how but accepted. On the result all agree ; few on much error and disappointment avoided, how the means by which it can be accomplished. much the acquisition of knowledge may be “It is not sufficient that the professor should facilitated by furnishing the student with chart deliver a lecture : lectures, without examination and compass in the beginning, sucha objection frequent and accurate, without class teaching, can scarcely be urged against the first of these without private instruction, fall dead on the chairs. Still less against the second. It is at majority of bearers; and however popular in the conclusion of a course, when scattered facts the outset, sooner or later, on the concurrent and disjointed reasonings are to lie gathered to- testimony of some of the most experienced lecgether and formed into one synthesis or system, turers and lawyers themselves, gradually dein order to render them not only of special but teriorate, and finally lose their efficacy and general application, that such an aid as that audience. But lectures, class teaching, and proposed by the endowment of this second private instruction, may each and all be excelchair, becomes not merely valuable but lent, and yet be productive of no real benefit, essential. In the instance of a profession, too unless it he also practicable to ensure hearers. inclined by the after business of life to fall into Some inaintain that this result is sure to follow the particular and technical, such a corrective, from the superior and intrinsic rerit of the infrom its rery character of comprehensiveness struction and instructor; that to secure accept. and philosophy, appears more particularly de- ance, it is only necessary to render acceptable : sirable.

while others again reply, that without incentive, “ Nor is the advantage in point of economy, or obligation of some kind remote or immediate, extent, and completeness in respect to profes- the highest exczllence will not be appreciated, sorships, the only one to be expected from this and the most valuable opportunities will be combination of the Inns amongst themselves, contemptuously passed by: for one general purpose. The field of exertion and ermulation, to both professor and student,

The committee observe, that unloris greatly enlarged, habits of intercourse and tunately for the student and the pubsympathy, so desirable amongst men whose lic, general cxperience (it is scarcely future lives and labours lie so much together, necessary to refer to particular evidence) are generated, and a harmony in instruction testifies in favour of this latter opinion; and action secured, the result of which cannot but be felt beneficially through the whole range the bar should be regulated by other prin

nor is there any reason why a student for of the lawyer's after practice, and ultimately, no doubt, in the decisions of the bench, and ciples of action than students for any other the acts and other proceedings of the legislature. profession. The question then to be de

“The economical arrangement and mainte- cided is this, to what extent can this moral nance of these professorships, as regards ap- power, either of inducement or compulsion, pointment, remuneration, and dignity, must be applied ? necessarily be determined by those froin whom they are to originate, nor can any other recom- “ The inducement here may be so direct and mendation be ventured on beyond those of a strong as to be tantamount to compulsion. If general nature. The Inn of Court which en- the attendance on certain courses of lectures be duws should appoint, with as much as possible required, and the results of this attendance be the concurrence (to be obtained directly or in- tested by public examination, periodical as well directly) of the other Inns: the remuneration as final, as the indispensable condition for ad. should be regulated by the joint consideration mission to the bar, and if the permission to of the eminence of the individual and the im- attend such courses and to pass such examinaportance of the chair; and to he effective, both tions be also made conditional on a certain as regards the professor and the student, by annount of preliminary knowledge, also to be securing his independence but at the same proved by an entrance examination ; it is clear time simulating his exertion, it should be that to all intents, such preliminary examinaformed of a fixed salary and fees. Such is in tion, attendance, and final examination, will be general the concurrent sugestion of all the compulsory on all who destine themselves to witnesses, and by some it is insisted on as in- the profession, and will operate in securing, if dispensable. His functions would naturally conscientiously followed out, an educational place him in the same rank as the professors of qualification for every barrister. It is quite our universities. It may be a question whether true, indeed, that this can constitute no this chair should be held during good be guarantee for superior ability or acquirements, haviour; or for a limited period, with power of nor is it meant that it should. Its object is re-election. The latter arrangement appears to simply to preclude incompetency and indolence. have been contemplated by some of the Inns, Superior qualifications may be tested by anand though liable to some objection, on the other measure, by the acquisition of honours. whole appears preferable to any other. And here it is that voluntary attendance and

“It is not sufficient to establish a good voluntary examinations have their proper place. course or courses of instruction, or to provide To incite, however, to the contest for such well endowed and well selected professors to honours, and to the fulfilling of the conditions communicate it; the important point is to see on which they depend, there must be an inthat such advantages be not only acceptable ducement, contingent and remote perhaps, but

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