Page:The New International Encyclopædia 1st ed. v. 12.djvu/63

* LEANING TOWER. 51 height in eacli succe^^sive story on the leaning side which has been attributed by some (Rohault de Fleury, ilothes) to attempts of the architects to rectify a sinking while the tower was being built. Others (Grassi, Ricci, Goodyear) have ad- vanced arguments to show that the slant here and elsewhere was intentional. The latter is the prevailing opinion. Consult the article "Leaning Tower," in Sturgis, Dictionary of Architecture (Xew York. 1001-02). For illustration, see Pisa. LEAPING-FISH. See Mudskippeb. LEAP INSECT. See Lekp Insect. LEAP-YEAR. . year of 300 days (see Cal- endar), so called because it leaps forward a day as compared with an ordinary j'ear. It so hap- pens that the leap-years coincide with the years that are divisible by four without remainder, and thus they may be known. Of the years divisible by 100, only those are leap-years which are di- visible by 400. The tenn bissextile, applied by the Romans to leap years, arose from their reck- oning the sixth before the calends of March (Feb- ruary 24th) twice (his), whereas we add a day to the end of the month, making February 29th. LEAR, Edward (1812-88). An English ar- tist and poet, born at HoUoway, in London, ilay 12, 1812, into a large family of Danish stock. As a boy he showed a liking for painting and natural history : at the age of nineteen found employment as draughtsman in the Zoological Gardens ; soon won the attention of the Earl of Derby, for whom he drew the plates to The Knowslc;/ Mennr/eric : traveled extensively on the Continent and in the East, filling his books with drawings; settled in Italy; and died at San Renio. .January, 1888. His work was rated very high by Ruskin and Tennyson. He captivated young and old with his humorous verse: Book of Xonscnse. made for the children of the Earl (1846) : Xonsense Honqs (1871) ; More Nonsense Sonfis (1872) ; Laiighahle Lyrics (1877). Other works are: lUiistratiotts of the Family of the Psittacidee (18.32); dlcaninps from the Me- naqerie at Knousley Hall (1846t : and the jour- nals of travel in Italy (1840), Greece and Al- bania (1851), the Ionian Islands (1863), and Corsica (1870). Consult Tennyson's Poems, illustrated bv Lear, with memoir by Lushington (London, 1889). LEAR, ToBi.s (1762-1816). An American diplomatist, bom at Portsmouth, X. H. In 1783 he graduated at Harvard, and in 178.5 was ap- pointed private secretary to Washington, in which position he remained until Washington's death. From 1802 to 1804 he was consul-general at Santo Domingo, and in the latter year became consul-general at Algiers. He was appointed in 1805 to conclude a peace with Tripoli, and de- spite sharp censure from some quarters arranged terms approved throughout by the L'nited States Government. Subsequently he was connected with the War Department at Washington as an accountant until his death by suicide. LEASE. The act or instrument whereby any estate in land less than a fee is created. In its most extended sense the term thus includes the conveyance of a life estate, as well as the parol agreement which resxilts in a tenancy at will or from year to year. More frequently, however, it is applied to the writing (not usually a deed) or the parol declaration creating an estate for years. LEASE AND RELEASE. or leasehold, as it is technically called. Formerly all lea.ses, excepting leases for life (which re- quired the same ceremonial as was requisite for the conveyance of a fee), were etlected by parol. But the Statute of Frauds, passed in the twenty- ninth year of Charles II., made a writing essential to the validity of all leases for terms e.xceeding three years. This provision has in many of the United States been modified by statutes requiring leases for more than one year to be in writing. The inunediate efl'cct of a lease for years is to vest in the lessee an interest in the land, knoVn technically as an intcresse termini, which has many of the characteristics of a leasehold estate, but which requires the entrj- of the lessee upon the land to make his title as tenant- complete. Once in possession the lessee becomes the vir- tual owner of the premises for the period of his lease; he has a true estate in the land, which he can defend against the lessor as well as against the rest of the world, and which is limited only by the rules of law governing the relations of landlord and tenant. As thus understood, a lease is a simple con- veyance having no other effect than the creation of the bare property relation of landlord and tenant. The instrument by which the lease is effected may, however, include a variety of col- lateral agreements on the part of the lessor or the lessee, or both, creating contract relations be- tween them in addition to the property relations. Of this nature are the usual stipulations of the lessee to pay a fixed rent, to keep the premises in repair, to make no assignment of the lease, or, on the part of the lessor, to grant a renewal of the lease, to pay for improvements at the expira- tion of the term, and the like. These agreements, if the instrument be under seal, become incorpo- rated in the leasehold estate and, as the expres- sion is, run with the land, binding successors of the lessor and lessee respectively as well as the original parties to the transaction. It should be noticed, however, that a formal and valid lease is not necessary in all cases to create the relation of landlord and tenant. This may arise, as a tenancy at will or from year to year, by the entry of a tenant under a void lease, or, like a tenancy at sufferance, by the continued occupation without aiithority of a tenant whose lawful term has expired. Nor is it necessary that a lease shall specify all the obligations of the parties thereto. The most important of these, as the obligation of the landlord to defend his ten- ant's title, and the tenant's liability for waste and repairs, are the legal incidents of the relation of landlord and tenant, and exist without refer- ence to the terms of the lease. See Est.vte: LE.iSEiioLD: L.NDLORD .iXD Tkx.vnt. and consult the authorities referred to under the last of these, and under Real Property. LEASE AND RELEASE. .An old fonn of con- veyance of land. It had its origin in the practice of leasing land to a tenant for a term, as one year, and then, after his entry upon the land and during his term, releasing the reversion, or es- tate of the landlord, to him by a deed. The two transactions together had the effect of transfer- ring the entire freehold estate of the grantor, which otherwise coiild be effected only by the notorious process of feoffment (q.v.), or liven' of seisin ( q.v. ). It had the advantage over the latter of being a secret conveyance, but was sub- ject to the disadvantage of requiring the actual