ld never write it
payable to bearer, but always payable to the order of a particular
person, so as to require his name to be written thereon in order to
make a good transfer. This is a much safer way of sending cheques than
simply by making them payable to bearer.
XV. THE LAW RELATING TO LEASES
A LEASE IS AN AGREEMENT, and, as every one knows, usually relates to
the hiring of lands and houses. _If the agreement is to be for a
longer period than one year it should be in writing_, for if it be not
either party can avoid it, not morally but in law. The statute of
frauds, which has been explained, would shield either party in not
carrying out such an agreement if it were not in writing if by its
terms it was to last for a longer period than one year.
There is another very important reason for putting such an agreement
in writing. Much of the law relating to the two parties, landlord and
tenant, is one-sided and in favour of the landlord. Our law on that
subject is based on the English law. It was imported in the early
colonial days, and, though it has been greatly changed by statute and
by decisions of the courts, it is still very one-sided, as we shall
see before finishing this paper. For this reason, especially, all
leases relating to houses and stores or other buildings, even for a
short period, should be in writing, with the rights and duties of both
parties fully stated, so that both may clearly know what to do and to
expect.
Unless something is said in the lease concerning repairs the landlord
is not obliged to make any. This statement shows at once the need of
having a written lease. If the house is out of order--the locks,
blinds, doors, and windows are not in good order--the tenant cannot
claim anything of the landlord or require him to put them in good
condition. Even if a house should become unfit for habitation in
consequence of fire, or is blown down, or is flooded with water, the
landlord is not bound to do anything unless he has stated that he will
in his lease.
A fire broke out not long since in a large warehouse and burned it so
completely as to render it wholly unfit for use; indeed, all the
merchandise in it was wholly consumed. Nevertheless, when the lease
expired and the tenants refused to pay as they had agreed to do, the
landlord brought a legal proceeding against them to compel them to pay
during the entire period, as though they had been staying there and
selling goods and making money
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