aliene their estates without the consent of each other? 57.

16. Whence came feodal tenures to be divided into feodal propria et impropria; and what was the difference between such feuds? 57, 58.

CHAP. V. Of the Ancient English Tenures.

1. WHY are the words tenement, tenant, and tenure so universally applied in speaking of all the real property of the kingdom? 59.

59.

2. Who is the lord paramount of England?

3. Who were called tenants paravail? 60. 4. Who were called tenants in capite? 60. 5. Of what two kinds, in respect of their quality, were the services that were due on account of the four principal species of lay tenure, to which all other tenures that subsisted among our ancestors may be reduced? 60.

6. Of what two kinds were they in respect of their quantity and the time of exacting them? 60.

7. What were free services? 60.

8. What were base services? 61.

9. What were the certain services? 61. 10. What were the uncertain services? 61. 11. What, according to Bracton, were these four principal species of lay-tenure, to which all other tenures that subsisted among our ancestors may be reduced? 61, 62.

12. What constituted a tenure by knight-service, and what was the service? 62.

13. What was this tenant's reditus, his rent or service, for the land he claimed to hold? 62.

14. What were the seven fruits and consequences inseparably incident to this tenure? 63. 15. What were the three principal aids which were taken by the lord of this tenant? 63.

16. What did king John's magna carta ordain as to aids? 64.

17. What did the statute called confirmatio chartarum ordain as to aids? 64.

18. What did the statute of Westminster fix as to aids? 65.

19. What was relief, and how was it compounded for? 65, 66.

20. What was primer seisin? 66. 21. What was wardship? 67.

22. What was livery or ousterlemain? 68. 23. What was an inquisitio post mortem? 68. 24. Who was compelled to receive the order of knighthood or to pay a fine to the king? 69. 25. What was the right of marriage (maritagium, as contradistinguished from matrimonium)? 70.

26. What were fines upon alienation? 71.
27. What was an attornment ? 72.
28. What was escheat? 72.

29. What was the tenure by grand serjeanty, per magnum servitium? 73.

30. What was tenure by cornage? 74.

31. What was tenure by scutage, or escuage, servitium scuti? 74.

32. What did magna carta declare as to scutage? 74.

83. By what means were all the advantages of the feodal constitution destroyed? 75. 34 To whom do we owe the plan for the abotion of the feodal system? 76, 77.

35. What actually gave it is death-blow? 77.

CHAP. VI. Of the Modern English Tenures.

1. WHAT, in its most general and extensive signification, is socage, to which all tenures, except frankalmoign, grand serjeanty, and copyhold, were reduced upon the abolition of the feodal system! 78, 79.

2. Of what two sorts is socage? 79.

3. What is the etymology of the word? 80, 81. 4. Does free and common socage tenure remain in any part of England to this day; and what people's liberty does that remnant prove socage

to have been? 81.

9. What are the four distinguishing properties of tenure in gavelkind? 84.

10. In what points does tenure in free socage partake of the feodal nature? 85-89.

11. But wherein did the socage and the feodal tenures widely differ as to service, relief, wardship, and marriage? 86-89.

12. When was the feodal tenure abolished and sunk into the socage? 89.

13. What species of our modern tenures has arisen from pure villenage? 90.

14. What is a manor? 90.

15. What was the difference between book-land and folk-land? 90.

16. What is a court-baron; and what happens if the number of suitors should not be sufficient to make a jury of two? 90, 91.

17. What is an honour? 91.

18. What did the 32d chapter of magna carta, 9 Hen. III., and the statute of Westminster, declare as to all sales or feoffments of land; and what is now therefore essential to a manor? 91,

92.

96.

27. How did villenage decline and fall? 95,

28. From what has been premised, what two indispensable principles of copyhold tenure may we collect? 97.

29. In what degree have the customs of manors superseded the will of the lord? 97.

30. What four fruits and appendages has a copyhold tenure, whether of inheritance or for life, in common with free tenures? 97.

31. What three besides has a copyhold? 97. 32. What is a heriot? 97.

33. What is wardship in copyhold estates? 98. 34. What are fines; and what has the law de

blared to be the ultimatum of their amount? 98.

35. What was privileged villenage or villeir sccage? 99.

36. What species of our modern tenures has arisen from this ancient one? 99.

37. Of what does ancient demesne consist? 99. 38. What immunities have tenures of ancient demesne and in what do lands holden by this tenure differ from common copyholds? 99-101.

39. To what two species are all lay tenures now in effect reduced? 101.

40. What is that tenure of a spiritual nature which was reserved by the statute of Charles II.? 101.

41. To what services only are the holders of lands under this tenure liable? 101, 102.

42. Wherein did this tenure materially differ from what was called tenure by divine service? 102. 43. Can lands be given to be held by this tenure now? 102.

CHAP. VII.-Of Freehold Estates of Inheritance. 1. WHAT does an estate in lands, tenements, and hereditaments signify? 103.

2. To ascertain this signification with proper accuracy, in what threefold view may estates be considered? 103.

3. What is the primary division of estates with regard to their quantity of interest? 104.

4. How does the commentator define an estate of freehold? 104.

5. What is the twofold nature of estates of freehold (thus understood)? 104.

6. Into what two species are estates of freehold of the former nature again divided? 104. 7. Who is tenant in fee simple or tenant in fee? 104.

8. What, and in contradistinction to what, is the true meaning of the word fee? 104, 105.

9. By what words do we, in the most solemn acts of law, express the highest estate that any subject can have? 105.

10. In contradistinction to what has the word fee the adjunct of simple annexed to it? 106. 11. Of what species of hereditaments can a man not be said to be seised IN HIS DEMESNE as of fee? 106, 107.

12. What word is necessary, in the grant or donation, in order to make a fee or inheritance? | 107, 108.

13. But by what five exceptions is this rule now softened? 108, 109.

14. Into what two sorts may we divide limited fees? 109.

15. What is a base or qualified fee? 109. 16. What was a conditional fee at the common law? 110.

17. What did our ancestors hold with regard to the condition annexed to such a fee? 110, 111.

18. But what if the tenant did not in fact aliene the land, and if then both the tenant and the issue died? 111.

19. What did the statute of Westminster the second (commonly called the statute de donis conditionalibus) enact as to conditional fees? 112.

20. Whence is the origin of fee-tail and reversion? 112.

21. What things may, and what riay not, be entailed under the statute de donis? 13.

22. What is the first division of the several species of estates tail? 113.

23. What is tail general? 113.

24. What is tail special? 113, 114. 25. By what distinction are estates in genera and special tail further diversified? 114. 26. What word is necessary to make a fee-tail ! 114, 115.

27. Is there not another species of entailed estates, now grown out of use, but still capable of subsisting in law? 115.

28. What is this defined to be? 115.

29. What are the four incidents to a tenancy in tail under the statute of Westminster the second? 115, 116.

30. What and when was declared the first sufficient bar of an estate tail? 116, 117.

31. Can an estate tail be forfeited to the king upon any conviction of high treason? 117, 118. 32. Do leases made by tenants in tail bind the issue in tail? 118.

33. What construction was put upon the statute of fines by the statute 32 Hen. VIII. c. 36? 118.

34. What exceptions were made by this statute as to fines, and by the statute 34 & 35 Hen. VIII. c. 20 as to common recoveries? 118, 119.

35. Of what debts are estates tail liable to the payment? 119.

36. What appointment of lands entailed by tenant in tail is good without fine or recovery?

119.

37. What difference is there, then, between the

present estates tail and the old conditional fees after the condition was performed? 119.

CHAP. VIII.-Of Freeholds not of Inheritance.

1. Or what two species are such estates of freehold as are not of inheritance, but for life only!

120.

2. In what two ways may an estate of the first species be created? 120, 121.

3. What is a tenant pur auter vie? 120. 4. Against whom (with what exception) does the law say that all grants are to be taken most strongly? 121.

5. Are there not some estates for life which may determine before the life expires? 121.

6. Why, in conveyances, is the grant usually made "for the term of a man's natural life"?

121.

7. What are the two principal incidents to all estates for life? 122.

8. What are emblements? 122.
9. Who is a cestuy que vie? 123.

10. When is a tenant for life not entitled to emblements? 123.

11. Are the advantages of emblements extended to the parochial clergy? 123.

12. What incidents have under-tenants or lessees of estates for life above their lessors? 123. 124.

13. What is the estate for life (of the second species of such estates) of a tenant in tail after possibility of issue extinct? 124.

14. By what only is a possibility of issue extinct in law? 125.

15. Wherein does this estate partake both of an estate-tail and an estate for life? 125, 126. 16. What is a tenancy by the curtesy of Eng land? 126.

17. What four requisites are necessary to make a tenancy by the curtesy? 127.

18. What does the husband become by the birth of the child; and what is he not till the death of the wife? 127, 128.

19. What is a tenancy in dower? 129.

20. Who may and may not be endowed? 130. 21. What crimes of the husband bar the wife's dower 130, 131.

22. Of what may and may not a wife be endowed? 131.

23. Upon what principle are all endowments made? 131.

15. In what case is a tenant a, will entitled 1. emblements? 146.

16. What act amounts to a determination of the will on either side? 146.

17. How have courts of law leaned in construing demises where no certain term is mentioned? 147.

18. What notice is requisite to determine a tenancy from year to year? 147.

19. In what one species of estate at will is the will qualified by what? 147, 148.

20. What seems to have been the reason why the absolute freehold was never granted by lor da to their villeins? 148, 149.

21. What kind of freehold have customary free

185.

30. What is a writ of admeasurement of dower? 136.

31. How may dower be barred or prevented? 136, 137.

32. How is a jointure defined by Sir Edward Coke? 137.

33. What did the statute of uses provide as to barring a wife of dower? 137, 138.

34. What four requisites must be punctually observed to make a jointure good? 138.

35. What if the jointure be made to the wife after marriage? 138.

36. What if the jointress be evicted of her jointure on account of its being made on a bad title? 138.

37. What are the comparative advantages of Bituation between tenant in dower and jointresses? 138, 139.

CHAP. IX.-Of Estates less than Freehold.

1. WHAT are the three sorts of estates less than freehold? 140.

2. What is an estate for years? 140.

3. What is a month in law? 141,

4. What is a lease for a twelvemonth? 141. 5. How many hours does the law reckon in the space of a day? 141.

6. How might a lessee estate be defeated by the ancient law? 142.

7. What is an indispensable requisite to an estate for years? 143.

8. Why cannot a lease for life commence in futuro, though a lease for years may? 143, 144. 9. What right has a tenant for years in the tenement? 144.

10. Of what is he possessed when he has envered the tenement? 144.

11. What is the legal difference between the term and the time of a lease for years? 144.

12. What are the incidents to an estate for years? 144, 145.

13. What is the difference of situation between a tenant for life and a tenant for years with regard to emblements ? 145.

14. What is an estate at will? 145.

22. What are the comparative advantages of interest between a copyholder of inheritance with a fine certain and an absolute freeholder? 150. 23. What is an estate at sufferance? 150. 24. Against whom can no man be tenant a sufferance? 150.

25. How must an owner of lands vary his proceeding in an action of trespass against a tenant by sufferance from the same action against a stranger? 150.

26. What have the statutes 4 & 11 Geo. II. c. 23 and 19 enacted in the cases of a tenant's holding over his term or his own notice to quit? 151.

CHAP. X.-Of Estates upon Condition.

1. WHAT are estates upon condition? 152. 2. Of what two sorts are estates upon condition 152.

3. What three other conditional estates are included under this last sort? 152.

4. What are estates upon condition implied in law? 152.

5. By what two breaches of an implied con dition may an office be forfeited? 153.

6. How do a public and a private office differ in respect of forfeit? 153.

7. Upon what principle proceed all the forfeitures which are given by law of life estates and others? 153.

8. What is an estate on condition expressed? 154. 9. Of what two sorts are condition expressed 154.

10. What is an estate "to a man and his heirs, tenants of the manor of Dale"? 154.

11. What is the distinction between a condi tion in deed and a limitation or condition in law?

155.

12. In all instances of limitations or conditions subsequent, where the condition is contingent and uncertain, what estate has the grantee so long as the condition remains unbroken? 156.

13. When are conditions void? 156 14. When are estates, upon void conditions, ah solute in the tenant, and when in the feoffor 157. 15. Of what two kinds are estates held in vadio, in gage, or pledge? 157.

16. What is vivum vadium, or living pledge

157.

17. What is mortuum vadium, dead pledge or mortgage? 157, 158.

18. Who was tenant in mortgage? 158. 19. Whence is the origin of granting a long term of years by way of mortgage? 158.

20. What is equity of redemption? 159. 21. What is a foreclosure? 159. 22. What are estates held by statute merchant and statute staple? 160.

23. What is an estate by elegit? 161.

24. Why are estates by statute merchant, statute staple, and elegit, chattel interests, and not freehold? 161, 162.

CHAP. XI.-Of Estates in Possession, Remainder, and Reversion.

1. Or what two natures are estates with regard to the time of their enjoyment? 163.

163.

3. What is the difference between estates executed and estates executory? 163.

4. What may an estate in remainder be defined to be? 164.

5. When lands are granted to A. for twenty years, with remainder to B. and his heirs forever, are not these two estates? 164.

6. What are the three rules laid down by law to be observed in the creation of remainders? 165, 167, 168.

7. What is called the particular estate? 165. 8. Why cannot an estate of freehold be created to commence in futuro? 166.

9. Is a remainder an estate commencing in præsenti or in futuro? 165, 166.

10. What particular estate will, and when will a particular estate not, support a remainder over? 166, 167.

11. Can a remainder be granted of a chattel interest? 167.

12. In what case is it necessary that a lessee for years should have livery of seisin? 167.

13. Need the precedent particular estate and the remainder be in esse at one and the same time during the continuance of the first estate; or what latitude is allowed? 168.

14. Of what two sorts are remainders? 168. 15. What are vested or executed remainders? 1.68, 169.

16. On account of what two sorts of uncertainty may remainders be contingent or executory?

169.

31. What happens whenever a greater estate and a less coincide in the same person in the same right without any intermediate estate? 177.

32. What one exception is there to this rule; and what is the reason of this exception? 177, 178.

CHAP. XII.-Of Estates in Severalty, JointTenancy, Coparcenary, and Common.

1. In what four different ways may estates be held with respect to the number and connections of their owners? 179.

2. Who is tenant in severalty? 179.

3. What is an estate in joint-tenancy? 179. 4. How may this estate be created? 180. 5. From what are the properties of a joint-estate derived? 180.

6. Of what four kinds is the unity of a jointestate? 180-182.

7. If an estate in fee be given to a man and his wife, how are they seised? 182.

8. Upon the decease of one joint-tenant, what share of the estate remains to the survivor; and why? 183, 184.

9. Why cannot the king, or any corporation, be joint-tenant with a private person? 184.

10. How may an estate in joint-tenancy be severed and destroyed? 185.

11. But why is a devise of one joint-tenant's share by will no severance of the jointure? 186. 12. In what case is it disadvantageous for joint-tenants to dissolve the jointure? 187. 13. What is an estate heid in coparcenary? 187. 14. Who are parceners by common law? 187 15. Who are parceners by particular custom? 187.

16. What are the properties of parceners? 188. 17. Which of the four unities of a joint-estate have parceners? 188.

18. In what five points do parceners differ from joint-tenants? 188.

19. What are the five methods in which parce ners may make partition? 189.

20. What is the law of hotchpot, which is in cident to this estate? 190, 191.

21. In what three ways may an estate in co parcenary be dissolved? 191

22. Who are tenants in common? 191-193. 23. Which of the four unities of a joint-estate have tenants in common? 191.

24. By what two means may tenancy in common be created? 192, 193.

25. Does the law, in its construction of a