PREFACE

TO THE FOURTH EDITION.

In the present Edition the main features of the work have been preserved unaltered. It has nevertheless again increased in size. It seems, in the nature of things, impossible to prevent this from happening, at all events in the earlier stages of a book's life.

In the first place, new cases and statutes-and the work in this respect has been brought down to the Long Vacation of the present year-have to be dealt with. Recent decisions on the scope of the covenant for quiet enjoyment (to give, as regards case law, but a single illustration) have had for their necessary result to enlarge to a certain extent the consideration of that topic; whilst, as regards statutes, the new Agricultural Holdings Act (which does not, however, take effect until after the end of next year) is naturally responsible for an important part of the expansion of the book.

But this is not the only cause of its growth. Special study applied to particular matters within the range of the subject almost always brings to light defects or omissions in their treatment. Points of view present themselves which have hitherto escaped notice, and deficiencies of this kind put forward claims to be remedied which it is not easy to resist. The dis- . cussion, for example, of the much-vexed covenant to

pay assessments has come in this way to be again entirely remodelled; and numerous other instances might easily be given.

The new Small Holdings and Allotments Act, which was passed too late to admit of incorporation with the text, has been inserted separately.

My friend, Mr. T. C. HINDMARSH, of Lincoln's Inn, has been kind enough to read through the whole of the proof-sheets of the present Edition, and has moreover continued to give to the book the benefit of his general assistance and supervision, for which I desire to record its deep obligations.

1, Essex Court, Temple.

October, 1907.

E. F.

PREFACE

TO THE FIRST EDITION.

THE present work is an attempt to treat the legal aspects of the relation of landlord and tenant in a connected form and systematic order.

With this view the following arrangement has been adopted: The work is divided into two Parts, the former dealing with the creation of the relationship, and the latter with its determination. Each part comprises two Books, treating respectively of the modes and of the incidents of the creation of tenancies, and of the modes and of the incidents of their determination. Inasmuch, however, as many of the incidents-i.e., the rights and duties arising out of the creation of a tenancy naturally find place in the description of the modes in which it may come into existence, the second Book is devoted to the discussion of one incident common to all tenanciesthat of Distress-which from its peculiar nature appears to require separate treatment. The above arrangement is not therefore put forward as a scientific classification, but as one based on considerations of convenience: the whole subject being in this manner presented in a symmetrical form, which it is hoped will tend to diminish its undoubted difficulty.

The cases are brought down to the present time. In order to save space, in the body of the work only one

reference as a rule is given-in the case of modern authorities the reference to the Law Reports where it exists. But in the table of cases prefixed to the work references to all the ordinary contemporaneous reports will be found upon all decisions ranging within the period (speaking roughly) of the last fifty years. Moreover, whenever a case, by reason of a change or modification of name, appears in any of these reports under such a form as to render its discovery in the table under the name by which it is cited in the text a matter of difficulty, both forms under which it appears will be found in the body of the work as well as in the list of cases. The date of the decision is given in all instances.

I have the pleasure to acknowledge my obligations for assistance in the preparation of the work throughout to my friends Messrs. T. C. HINDMARSH and E. STRODE, both of Lincoln's Inn; more particularly-from the former in the chapters on Notice to Quit and Ejectment (the substance of which has been contributed by him), and from the latter in those on Distress.

E. F.

1, ESSEX COUrt, Temple.

June, 1891.