At the same time a settlement of the land revenue on leases for five years was begun, and the police and military systems of the country were placed upon a new footing.
In addition to the undertakings of the telegraph companies the government had to purchase the reversionary rights of the railway companies which arose out of the circumstance that the telegraph companies for the most part had erected their poles and wires along the permanent way of the railways under leases which in 1868 had still many years to run.
At the end of the contract the landlord either cultivates his land himself or leases it, repaying to the improver part of the expenditure incurred by him.
Usually leases last from three to six years.
In the provinces of Foggia and Lecce long leases (up to twenty-nine years) are granted, but in them it is explicitly declared that they do not imply enfiteusi (perpetual leasehold), nor any other form of contract equivalent to co-proprietorship. Mezzadria is rarely resorted to.
Special contracts, known as colonie immovibili and colonie tern poranee are applied to the latifondi or huge estates, the owners of which receive half the produce, except that of the vines, olive-trees and woods, which he leases separately.
They consist of long leases, under which the landlord shares the costs of improvements and builds farm-houses; also leases of orange and lemon gardens, two-thirds of the prot~uce of which go to the landlord, while the farmer contributes half the cost of farming besides the labor.
Other forms of contract are the piccola mezzadria, or sub-letting by tenants to under-tenants, on the half-and-half system; enfiteusi, or perpetual leases at low rentsa form which has almost died out; and mezzadria (in the provinces of Caserta and Benevento).
The terms of agrarian contracts and leases (except in districts where mezzadria prevails in its essential form), are in many regions disadvantageous to the laborers, who suffer from the obligation to provide guarantees for payment of rent, for repayment of seed corn and for the division of products.
In 1867 there were no settlers on the west island, and the government issued a proclamation offering leases of grazing stations on very moderate terms. In 1868 all the available land was occupied.
The revenue derived from the sales and leases of this land constitutes an endowment fund upon which the state as trustee pays 6% interest.
He also contemplated a thorough-going reform of the ferme generale, but contented himself, as a beginning, with imposing certain conditions on the leases as they were renewed - such as a more efficient personnel, and the abolition for the future of the abuse of the croupes (the name given to a class of pensions), a reform which Terray had shirked on finding how many persons in high places were interested in them, and annulling certain leases, such as those of the manufacture of gunpowder and the administration of the messageries, the former of which was handed over to a company with the scientist Lavoisier as one of its advisers, and the latter superseded by a quicker and more comfortable service of diligences which were nicknamed" turgotines."He also prepared a regular budget.
Leases of 21 years are recommended for persons of small capital as better than employing it in purchasing land.
He was one of the first to use oil-cake and bone-manure, to distinguish the feeding values of grasses, to appreciate to the full the beneficial effects of stock on light lands and to realize the value of long leases as an incentive to good farming.
Leases for a term of years, however, were not uncommon; but the want of capital rendered it impossible for the tenantry to attempt any spirited improvements.
But I am most fully convinced they should take long leases or tacks, that they may not be straitened with time in the improvement of their rooms; and this is profitable both for master and tenant."
The enlargement of farms, and in Scotland the letting of them under leases for a considerable term of years, continued to be a marked feature in the agricultural progress of the country until the end of the century, and is to be regarded both as a cause and a consequence of that progress.
An Act passed in 1770, which relaxed the rigour of strict entails and afforded power to landlords to grant leases and otherwise improve their estates, had a beneficial effect on Scottish agriculture.
The land in Scotland was now, with trifling exceptions, let on leases for terms varying from twenty to thirty years, and in farms of sufficient size to employ at the least two or three ploughs.
The unlimited issues of government paper and the security afforded by these leases induced the Scottish banks to afford every facility to landlords and tenants to embark capital in the improvement of the land.
Leases may be made on behalf of lunatics subject to the jurisdiction in lunacy under the provisions of the Lunacy Act 1890 and the Settled Land Act 1882.
Leases by or to corporations must be by deed under their common seal, and the leasing powers of ecclesiastical corporations in particular are subject to complicated statutory restrictions which cannot here be examined (see Phillimore, Eccl.
Powers of granting building and other leases have been conferred by modern legislation on municipal corporations and other local authorites.
There are also special rules of law with reference to leases by persons having only a limited interest in the property leased, e.g.
But under the Statute of Frauds (1677), ss., 1, 2) leases, except those the term of which does not exceed three years, and in which the reserved rent is equal to two-thirds at least of the improved value of the premises, were required to be in writing signed by the parties or their lawfully authorized agents; and, under the Real Property Act 1845, a lease required by law to be in writing is void unless made by deed.
Leases frequently contain a covenant by the lessee to bear and pay rates, taxes, assessments and other " impositions " or " charges," or " duties " or " outgoings," or " burdens " (except property tax) imposed upon the demised premises during the term.
But the respective obligations of parties where repairs are, as they always are in leases for years, the subject of express covenant, may vary indefinitely.
But, with advancing civilization and the consequent increase in the number of the conditions to be imposed on both parties, leases became mutual contracts, bilateral in form.
Ordinary Leases, Common Law and Statutory; II.
Ordinary Leases, Common Law and Statutory.
This enactment applies to leases of agricultural subjects, houses, mills, fisheries and whatever is fundo annexum; provided that (a) the lease, when for more than one year, must be in writing, (b) it must be definite as to subject, rent (which may consist of money, grain or services, if the reddendum is not illusory) and term of duration, (c) possession must follow on the lease.
Special powers of granting leases are conferred by statute on trustees.
The requisites of the statutory leases, last mentioned, are similar to those imposed in England upon tenants for life by the Settled Land Acts (v.
In the case of urban leases, however, ejectment (q.v.) - called in Scots Law " removing " - will not be authorized unless the tenant received 4 0 days' warning before the term of removal.
Agricultural leases usually contain special provisions as to the order of cropping, the proper stocking of the farm, and the rights of the incoming and outgoing tenant with regard to the waygoing crop. Where the rent is in money, it is generally payable at Whitsunday and Martinmas - the two " legal terms."
It was abolished in 1880 as regards all leases entered into after the 11th of November 1881, where the land demised exceeded two acres in extent, and the landlord was left to remedies akin to ejectment (Hypothec Abolition, Scotland, Act 1880).
- Under these leases, the term of which is usually 99 and sometimes 999 years, the tenant is to a certain extent in the position of a fee simple proprietor, except that his right is terminable, and that he can only exercise such rights of ownership as are conferred on him either by statute or by the terms of his lease.
Extensive powers of entering into such leases have been given by statute to trustees subject to the authority of the Court (Trusts [Scotland] Act 1867, s.
Where long leases are " probative," i.e.
Holograph or duly tested, do not exceed 31 years, or, except as regards leases of mines and minerals, and of lands held by burgage tenure, relate to an extent of land exceeding 50 acres, and contain provisions for renewal, they may be recorded for publication in the Register of Sasines, and such publication has the effect of possession (Registration of Leases [Scotland] Act 1857).
1 737) - if at that period the lessee remains and is left in possession, there is, in the case of written leases, a tacit renewal (tacite reconduction) of the lease as a verbal lease (Arts.
It only remains here to refer to those applicable to leases to farm.
Scots Law: Hunter, on Landlord and Tenant (Edinburgh, 4th ed., 1876); Rankine, on Land Ownership (Edinburgh, 3rd ed., 1891); Rankine, on Leases (Edinburgh, 2nd ed., 1893); Hunter, Landlord and Tenant (4th ed.
The drilling of petroleum wells is carried on by individuals or companies, either on lands owned by them, or on properties whose owners grant leases, usually on condition that a certain number of wells shall be sunk within a stated period, and that a portion of the oil obtained (usually from one-tenth to one-fourth) shall be appropriated as royalty to the lessor.
Such leases are often transferred at a larger royalty, especially after the territory has been proved productive.
There is no penitentiary; the convicts are hired to the one highest bidder who contracts for their labour, and who undertakes, moreover, to lease all other persons convicted during the term of the lease, and sub-leases the prisoners.
It comprises land in no fewer than ten districts, much of which is let on permanent leases to indigo-planters.
The state leases the beds at a low annual rental in tracts (limited for each person, firm or corporation to 1000 acres), and draws from them a considerable revenue.
The act also declares the validit y of leases made by a simoniac or simoniacallypresented person, if bona fide and for valuable consideration to a lessee ignorant of the simony.
(3) The third case before the Hague court was heard in 1904 powers who held leases in J perpetuity.