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THE USE OF LAND

AS AFFECTED BY

COVENANTS

AND

OBLIGATIONS NOT IN THE FORM OF COVENANTS

BY

J. C. V. BEHAN,

M.A., LL.D. (MELB.); M.A., B.C.L. (Oxon);

First Rhodes Scholar for the State of Victoria;
Honorary Scholar of Hertford College, Oxford;

Warden of Trinity College in the University of Melbourne;

Formerly Stowell Civil Law Fellow and Dean of University College, Oxford;
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

STANFORD LIBRARY

LONDON:

SWEET & MAXWELL, LIMITED

3 CHANCERY LANE, W.C.2.

[blocks in formation]

315556

PRINTED IN GREAT BRITAIN BY

THE EASTERN PRESS, LTD., READING.

FOREWORD.

THAT Dr. Behan has produced a sound and original thesis for the Melbourne LL.D. upon a very difficult topic in the law of Property is no surprise to those who know something of the distinguished career of the learned author. He came to Oxford as a Rhodes Scholar, and achieved the unique feat of getting a first class both in the B.C.L. and in the Final Honour School of Jurisprudence in the same year. Afterwards he gained the Vinerian Law Scholarship and the Stowell Law Fellowship at University College. He taught law at University College until he returned to Australia; and his departure was felt to be a very serious loss to the teaching strength of the Oxford Law School. It is no secret that for some years the learned author has been engaged on a work on the law of Real Property. We have no doubt that the rest of the book will correspond with this sample; and, that being so, we are sure that all who read the "sample" will wish to have the "bulk." It is gratifying to find that the administrative work, which Dr. Behan's distinguished post in Melbourne University entails, does not wholly prevent him from pursuing his legal researches. We venture, with some confidence, to prophecy that they will give him a place amongst that select band of Australian lawyers who have done so much to diffuse "the gladsome light of jurisprudence" upon the dark places of the law.

W. J. HOLDSWORTH,

J. A. STRAHAN,

Joint Examiners for the Melbourne LL.D.

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