IN SCOTLAND.

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of his lease *. The covenants which are generally approved ofby the most intelligent proprietors and farmers, together withthe form of a lease, in which they are contained, will be foundin the Appendix .

It is necessary, however, in this place, to make some obser-vations on a point of peculiar importance, namely, the ex-clusion of all subtenants and assignees either legal or volun-tary. Thi s is made in several instances in most definite terms,and the law prohibits to subset or assign, where the lease con-tains no such prohibition. In some cases the tenant is not evenallowed to name any of his children or grandchildren, whomhe wishes to succeed him; but the eldest son, as heir-at-law, must succeed as a matter of course; and if he doesnot choose to reside or cannot reside, or has taken anyother line of life than that of a farmer, the lease falls tothe ground, or the farm must be managed to great dis-advantage. Certainly every farmer ought to have it in hispower to assign his farm to any child, grandchild, or ne-phew ; and to render one of his family accountable to therest, for their share of his fortune that has been expendedupon the improvement of the farm, or to appoint trusteesfor the behoof of the whole; and in the event of his dyingsuddenly, and without children, or of his becoming bank-rupt from a calamitous season, in consequence of spirited andexpensive improvements, Ins creditors ought to be em-powered to sublet his farm, or assign his lease until all hisdebts be discharged, and the surplus should then revert tobis heirs. Is it not enough that the heir of an entailed estate

• The error of proprietor* consists in prescribing, seldom in jrrohibiting. Eve-ry prudent landlord ought to prohibit, and no well-disposed tenant can justlycomplain,Unless the prohibitions are injudicious. There is good reason for suchclauses in reference to the currency of the lease, as well os for the last three orfour years. But to prescribe an invariable mode of cropping, for a whole lease,1* generally absurd and injurious, always ineffectual in promoting improvement,and imposes an obligation to which no good tenant will or ought to submit.

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