Page:EB1911 - Volume 16.djvu/180

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LANDON, C. P.—LANDON, L. E.

liable for injuries and losses happening by the act of persons belonging to his house or of his sub-tenants (Art. 1735). A lease terminates (i.) at the expiration of the prescribed term (Art. 1737)—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. 1738–1739); (ii.) by the loss of the thing hired and by the default of the lessor or lessee in the fulfilment of their respective obligations (Art. 1741), but (iii.) not by the death either of the lessor or of the lessee (1742). The conditions of Ejectment are stated under that heading. The special rules (Arts. 1752–1762) relative to the hire of houses are touched upon in Lodger and Lodgings. It only remains here to refer to those applicable to leases to farm. The lessee is bound to stock the farm with the cattle and implements necessary for its husbandry (Art. 1766), and to stack in the places appointed for the purpose in the lease (Art. 1767). A lessee, who farms on condition of dividing the produce with the lessor, can only underlet or assign if he is expressly empowered to do so by the lease (Art. 1763). The lessee must give notice to the lessor of any acts of usurpation committed on the property (Art. 1768). If at least half of the harvest in any year is destroyed by accident, the lessee (a) in the case of a lease for several years, obtains, at the end of his lease, a refund of rent, by way of indemnity, unless he has been indemnified by preceding harvests; (b) in the case of a lease for a year only, may secure a proportional abatement of the current rent. No refund is payable if the produce was severed before the accident, unless the lessor was entitled to a portion of it, when he must bear his share of the loss, provided the lessee was not in morâ as regards the delivery of the lessor’s portion. The lessee has no right to a refund when the cause of damage was existing and known at the date of the lease (Arts. 1769–1771). Liability for loss by “accidents” may be thrown on the lessee by express stipulation (Art. 1772). “Accidents” here mean ordinary accidents only, such as hail, lightning or frost, and the lessee will not be answerable for loss caused by extraordinary accidents such as war or floods, unless he has been made liable for all accidents, foreseen or unforeseen (Art. 1773). A verbal lease is deemed to be for the term necessary to enable the lessee to gather in all the produce, thus for a year in the case of a meadow or vineyard; in the case of lands leased in tillage, where they are divided into shifts or seasons, for as many years as there are shifts (Art. 1774). The outgoing must leave for the incoming tenant convenient housing and other facilities for the labours of the year following; the incoming must procure for the outgoing tenant conveniences for the consumption of his fodder and for the harvests remaining to be got in. In either case the custom of the place is to be followed (Art. 1777). The outgoing tenant must leave the straw and manure of the year, if he received them at the beginning of his lease, and even where he has not so received them, the owner may retain them according to valuation (Art. 1778). A word must be added as to letting by cheptel (bail à cheptel)—a contract by which one of the parties gives to the other a stock of cattle to keep under conditions agreed on between them (Art. 1800). There are several varieties of the contract, (i.) simple cheptel (cheptel simple) in which the whole stock is supplied by the lessor—the lessee taking half the profit and bearing half the loss (Art. 1804); (ii.) cheptel by moiety (cheptel à moietié)—here each of the contracting parties furnishes half of the stock, which remains common for profit or loss (Art. 1818); (iii.) cheptel given to a farmer (fermier) or participating cultivator (colon partiaire)—in the cheptel given to the farmer (also called cheptel de fer) stock of a value equal to the estimated price of the stock given must be left at the expiry of the lease (Art. 1821); cheptel given to the participating cultivator resembles simple cheptel, except in points of detail (Arts. 1827–1830); (iv.) the term “cheptel” is also improperly applied to a contract by which cattle are given to be housed and fed—here the lessor retains the ownership, but has only the profit of the calves (Art. 1831).

The French system just described is in force in its entirety in Belgium (Code Civil, Arts. 1713 et seq.) and has been followed to some extent in Italy (Civil Code, Arts. 1568 et seq.), Spain (Civil Code, Arts 1542 et seq.), and Portugal (Civil Code, Arts. 1298 et seq., 1595 et seq.). In all these countries there are varieties of emphyteutic tenure; and in Italy the mezzadria or metayer system (see Civil Code, Arts. 1647 et seq.) exists. The German Civil Code adopts the distinction between bail à loyer (Miehl, Arts. 535 et seq.) and bail à ferme (Pacht, Arts. 581 et seq.). Dutch law also (Civil Code, Arts. 1583 et seq.) is similar to the French.

The Indian law of landlord and tenant is described in the article Indian Law. The laws of the various British colonies on the subject are too numerous and too different to be dealt with here. In Mauritius, the provisions of the Code Civil are in force without modification. In Quebec (Civil Code, Arts. 1605 et seq.) and St Lucia (Civil Code, Arts. 1512 et seq.) they have been reproduced by the local law. In many of the colonies, parts of the English law of landlord and tenant, common law and statutory, have been introduced by local enactments (cf. British Guiana, Ord. 4 of 1846; Jamaica, 1 Vict. c. 26). In others (e.g. Victoria, Landlord and Tenant Act 1890, No. 1108; Ontario, Rev. Stats. 1897, c. 170) consolidating statutes have been passed.

Authorities.—English Law: Wolstenholme, Brinton and Cherry, Conveyancing and Settled Land Acts (London, 9th ed., 1905); Hood and Challis, Conveyancing and Settled Land Acts (London, 7th ed., 1909); Foà, on Landlord and Tenant (London, 4th ed., 1907); Woodfall, on Landlord and Tenant (London, 18th ed., 1907); Fawcett, Landlord and Tenant (London, 3rd ed., 1905). 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. G. Guthrie, Edinburgh, 1876). Irish Law: Kelly’s Statute Law of Landlord and Tenant in Ireland (Dublin, 1898); Barton and Cherry’s Land Act 1896 (Dublin, 1896); Quill, Hamilton and Longworth, Irish Land Acts of 1903 and 1904 (Dublin, 1904). American Law: Bouvier, Law Dictionary (ed. Rawle) (London, 1897); McAdam, Rights, Remedies and Liabilities of Landlord and Tenant (New York, 1900); Wood, Law of Landlord and Tenant (New York, 1888). Foreign and Colonial Laws: Field, Landholding and the relation of Landlord and Tenant in various Countries; Ruling Cases (American Notes), (London and Boston, 1894–1901).  (A. W. R.) 


LANDON, CHARLES PAUL (1760–1826), French painter and art-author, was born at Nonant in 1760. He entered the studio of Regnault, and won the first prize of the Academy in 1792. After his return from Italy, disturbed by the Revolution, he seems to have abandoned painting for letters, but he began to exhibit in 1795, and continued to do so at various intervals up to 1814. His “Leda” obtained an award of merit in 1801, and is now in the Louvre. His “Mother’s Lesson,” “Paul and Virginia Bathing,” and “Daedalus and Icarus” have been engraved; but his works on painting and painters, which reach nearly one hundred volumes, form his chief title to be remembered. In spite of a complete want of critical accuracy, an extreme carelessness in the biographical details, and the feebleness of the line engravings by which they are illustrated, Landon’s Annales du Musée, in 33 vols., form a vast repertory of compositions by masters of every age and school of permanent value. Landon also published Lives of Celebrated Painters, in 22 vols.; An Historical Description of Paris, 2 vols.; a Description of London, with 42 plates; and descriptions of the Luxembourg, of the Giustiniani collection, and of the gallery of the duchesse de Berry. He died at Paris in 1826.


LANDON, LETITIA ELIZABETH (1802–1838), English poet and novelist, better known by her initials L. E. L. than as Miss Landon or Mrs Maclean, was descended from an old Herefordshire family, and was born at Chelsea on the 14th of August 1802. She went to a school in Chelsea where Miss Mitford also received her education. Her father, an army agent, amassed a large property, which he lost by speculation shortly before his death. About 1815 the Landons made the acquaintance of William Jerdan, and Letitia began her contributions to the Literary Gazette and to various Christmas annuals. She also published some volumes of verse, which soon won for her a wide literary fame. The gentle melancholy and romantic sentiment her writings embodied suited the taste of the period, and would