24. In what singular instance are lands held in fee-simple not liable to escheat to the lord, even when their owner is no more, and hath left no heirs to inherit them? 256, 257.

25 What is the eighth and last case wherein inheritable blood is wanting; and how does this case differ from all the rest? 257.

CHAP. XVI.-Of Title by Occupancy.

1. WHAT is occupancy? 258.

2. To what single instance, so far as it concerns real property, have the laws of England confined this right? 258.

3. Why was no right of occupancy allowed where the king had the reversion of the lauds? 259. 4. What if the estate pur auter vie had been granted to a man and his heirs? 259.

5. But what do the statutes of 29 Car. II. c. 8 and of 14 Geo. II. c. 20 enact as to this estate? 259, 260.

6. What is the commentator's opinion as to the operation of these statutes? 260.

7. What is the law of alluvion and dereliction? 261, 262.

CHAP. XVII.-Of Title by Prescription. 1. WHAT is title by prescription; and how is it distinguished from custom? 263.

2. What is called prescribing in a que estate? 264.

3. What has the statute of limitations, 32 Hen. VIII. c. 2, enacted as to prescriptions? 264.

4. What sort of hereditaments may be claimed by prescription? 264.

5. Why cannot a prescription give a title to lands? 264.

6. In whom must a prescription be laid? 265. 7. If the thing prescribed has what incapacity, why cannot the prescription be made? 265. 8. Why cannot deodands, felons' goods, and the like be prescribed for, while treasure-trove, waifs, estrays, and the like can? 265.

9. For what more may a man prescribe in himself and his ancestors than he may in a que estate; and why may he do so? 266.

10. Who are excepted out of this act; and with what proviso is the exception made i 274.

11. Why is alienation to an alien a cause of forfeiture? 274.

12. When are alienations by particular tenants forfeitures; and to whom, and for what two reasons? 274, 275.

13. What is it if tenant in tail alienes in feeand why? 275.

14. In case of forfeiture by particular tenants, what becomes of all legal estates by them before created? 275.

15. What is disclaimer, in its nature and consequences? 275, 276.

16. What is forfeiture by lapse? 276. 17. In what two cases can no right of lapse accrue? 276.

18. What is the term in which the title to present by lapse accrues? 276, 277.

19. What if the bishop be both patron and ordinary? 277.

20. What if the bishop or metropolitan do not present immediately upon lapse? 277.

21. What if the king do not? 277.

22. In what cases only is the bishop required to give notice of a vacancy to the patron, in order to entitle him, the metropolitan, and the king to the advantage of a lapse? 278.

23. When does the law style the bishop a disturber; and of what does it consequently deprive him? 278.

24. What if the right of presentation be contested? 278.

25. What is forfeiture by simony? 278, 279. 26. Is it simony to purchase a presentation, the living being actually vacant? 279.

27. Is it simony for a clerk to purchase the next presentation and be thereupon presented? 279, 280.

28. Is it simony for a father to purchase such a presentation for his son? 280.

29. What if a simoniacal contract be made with

the patron, the clerk not being privy thereto ?

280.

30. Are bonds given to pay money to charitable uses on receiving a presentation to a

31. What bonds of resignation are not simoniacal? 280.

32. Are general bonds of resignation legal? 280.

33. What are the only causes for which the law will justify the patron's making use of such a general bond of resignation? 280.

34. Of what two kinds are the conditions the breach or non-performance of which induces a forfeiture? 281.

35. What is waste, and of what two kinds?

281.

36. What are the general heads of waste in houses, in timber, and in land? 281, 282.

37. Who are liable to be punished for waste, and who not? 282, 283.

38. What is the punishment for committing waste? 283, 284.

39. By what may copyhold estates be forfeited

284.

40. Who is a bankrupt? 285.

41. What becomes of a bankrupt's lands and tenements? 285, 286.

569

42 With only what exception has the statute 21 Jac. I. c. 19 authorized the disposal of a oankrupt's estate-tail in possession, remainder, or reversion? 286.

CHAP. XIX.-Of Title by Alienation.

1. WHAT is alienation, conveyance, or purchase, in its limited sense? 287.

2. Who are capable of conveying and purchasing? 290.

3. How alone may contingencies and mere possibilities be assigned to a stranger? 290.

4. What seven descriptions of persons are incapable of conveying? 290-293.

23. When is it necessary to the validity of deed to read it to the parties? 304.

24. What if a deed be read falsely? 304. 25. Is it necessary to sign as well as seal a deed? 305, 306.

26. What is the delivery of a deed; and what is its efficacy? 307.

27. What is the difference between a deed and an escrow ? 307.

28. Of what use is the attestation of a deed? 307.

29. Must the witnesses sign the deed? 307, 308.

30. By what five means may a deed be avoided? 308, 309.

31. What are those deeds called which are

sons under duress, void? 291.

6. May a non compos plead his own disability in order to avoid his acts? 291, 292.

7. May his next heir, or other person interested, plead it? 292.

8. How may the purchase of a feme-covert be avoided? 293.

9. What of the conveyance or other contract of a feme-covert? 293.

10. What only can an alien hold? 293.

11. What are the legal evidences of alienations called? 294.

12. Of what four kinds are these common assurances? 294.

CHAP. XX.-Of Alienation by Deed.

1. WHAT is a deed in its general nature? 295.

2. What is an indenture? 295.

3. What is a chirograph? 296.

4. Which is the original, and which the counterpart, of a deed? 296.

5. What is a deed-poll? 296.

6. What are the eight requisites of a deed? 296-298, 304-308.

7. What are the eight usual, formal, and orderly parts of a deed? 298-301, 304.

8. What are the premises of a deed? 298. 9. What are the habendum and tenendum? 298, 299.

10. What is the reddendum? 299.

11. What is a condition? 299, 300 12. What is the clause of warranty? 300. 13. What was the origin of express warranties?

801.

14. What was the difference between lineal and collateral warranty? 301, 302.

15. What was a warranty commencing by disseisin ? 302.

16. In case the warrantee was evicted, what was the obligation of the heir? 302.

17. What warranties against the heir are now good? 302, 303.

18. What are covenants? 304.

19. What is the difference of effect between tover.anting for heirs and covenanting for executors and administrators? 304.

20. For what reasons has the covenant, in modern practice, totally superseded the warranty? 304.

21. Of what does the conclusion of a deed conaist? 304.

22. Is a deed good with no, or a fase date? 804

309.

32. Of what two natures are conveyances as and efficacy? 309. to the manner in which they receive their force

33. Of what two kinds are conveyances by the common law? 309.

34. What are the six species of original conveyances; and what the five of derivative? 310. 35. What is a feoffment? 310.

36. What is necessary to the perfection of a feoffment? 311.

37. What if an heir dies before entry made upon his estate? 312.

38. By what delivery is a conveyance of a copyhold estate made to this day? 313.

39. What is necessary, by the common law, to be made upon every grant of an estate of freehold in hereditaments corporeal? 314.

40. What is necessary in leases for years? 314. 41. Why cannot freeholds be made to commence in futuro? 314.

42. If a freehold remainder be created after, and expectant on, a lease for years now in being, to whom must the livery be made? 314, 315.

43. Of what two kinds is livery of seisin ↑ 315.

44. How is livery in deed performed? 315, 318. 45. What is livery in law? 316.

46. What is the conveyance by gift, donatio? 316, 317.

47. What are grants, concessiones? 317. 48. What is a lease? 317, 318.

49. What was the old meaning of the word farm, in which sense it is used in the operative words of a lease, "to farm let"? 318.

50. To what one species of leases is livery of seisin necessary? 318.

51. What three manner of persons does the enabling statute, 32 Hen. VIII. c. 28, empower to make leases for three lives or one and-twenty years? 319.

52. But what are the nine requisites that the statute specifies which must be observed in order to render the leases binding? 319, 320.

53. Unless under what six regulations do the disabling or restraining statutes of Elizabeth re strain all ecclesiastical or eleemosynary corporations, and all parsons and vicars, from making any leases of their lands? 320, 321.

54. Is there not another restriction with regard to college-leases by the statute 18 Eliz. c. 6?

322.

56. What is an exchange? 323.

57. Is either livery of seisin or entry necessary in order to perfect an exchange? 323. 58. What is a partition? 324.

59. Can a partition be made by parol only, in any case? 324.

60. What is a release? 324.

61. For what five purposes may releases enure? 824, 325.

62. What is a confirmation? 325, 326.

63. Why is not a livery of seisin necessary to a release or confirmation of lands? 325, 326.

64. What is a surrender? 326.

3. What are the intentions of private acts of parliament? 344.

4. With what cautions and preliminaries are private acts of parliament made? 345.

5. In what are the king's grants contained? 346.

6. What is the difference between the king's letters-patent, literæ patentes, and his writs close, literæ clausæ ? 346.

7. In what three points does the construction of the king's grants differ from those of a subject? 847, 348.

8. What is a fine of lands and tenements

9. What is the origin of fines? 349.

10. Why is a fine so called? 349.

11. What is the action of covenant upon which

12. What is the primer fine? 350.

13. What is the licentia concordani? 350. 14. What is the king's silver, or post fine!

334.

72. Why, in both cases, may a fee be limited to take effect after a fee? 334.

73. What is a secondary or shifting use? 335. 74. What is a resulting use? 335. 75. May uses originally declared be revoked at any time and new ones declared? 335.

76. What is the origin of trusts? 335, 336. 77. How do the courts now consider a trustestate? 337.

78. To what twelfth species of conveyance has that by livery of seisin now given way? 338.

79. What thirteenth species of conveyance has been introduced by this statute of uses? 338.

80. What was enacted by the 27 Hen. VIII. c. 16 as to bargains and sales? 338.

81. What gave rise to the fourteenth species of conveyance; and what is its nature? 338, 339. 82. What may be added as a fifteenth and a sixteenth species of conveyance? 339.

83. What are the three species of deeds used not to convey but to charge or discharge lands? 340.

84. What is an obligation or bond, whether single (simplex obligatio) or conditional; and how

is it a charge upon lands? 340.

85. When is the condition of a bond void; and

when the bond itself? 340, 341.

86. On the forfeiture of a bond, what sum is recoverable? 341.

15. What is the concord; and who is the cognizor, and who the cognizee? 350, 351.

16. How must the acknowledgment be made; and how far does this acknowledgment complete the fine? 351.

17. What is the note of the fine? 351. 18. What is the foot of the fine? 351.

19. What proclamations of a fine hath the statute added to prevent the levying of one by fraud or covin? 352.

20. Of what four kinds are fines thus levied 352, 353.

21. What is a fine sur cognizance de droit, come ceo que il ad de son done; and of what efficacy is it? 352.

22. What is a fine sur cognizance de droit tantum; and for what is it commonly used? 353.

23. What is a fine sur concessit? 353.

24. What is a fine sur done, grant, et render, and wherein does it differ from the fine sur cognizance de droit, come ceo, &c.? 353.

25. What are the force and effect of fines? 354, 355.

26. What are the three classes of persons bound by a fine? 355.

27. Who are the parties to a fine, and how are they bound? 355.

28. Who are privies, and how are they bound?

355.

29. Who are strangers, and in what cases are they bound? 356.

30. But what is necessary in order to make a fine of any avail at all? 356, 357.

88. What is a defeazance on a bond or recognizance, or judgment recovered; and wherein does it differ from a common conditional bond? 342.

89. What general registers for deeds, wills, and other acts affecting real property are there in England and Scotland? 343.

CHAP. XXI.—Of Alienation by Matter of Record.

1. WHAT are assurances by matter of record? 344.

2. Ohat four kinds are they? 344.

former and bar it forever? 356.

32. What is the nature of a common recovery, and how far is it like a fine? 357.

33. What is the writ of præcipe quod reddat; and what does it allege? 358.

34. Who is the demandant, and who the defendant? 358.

35. What is the voucher, vocatio, or callang to warranty; and who is the vouchee? 358. 36. Who is the recoverer, and who the recovered 1

358.

37. What is called the recompense or recovery in value? 359.

88. Of what nature is this recompense; and who is usually the common vouchee? 359.

39. What is a recovery with double voucher; and why is it now usually employed? 359.

40. What is the reason why the issue in tail is held to be barred by a common recovery? 360. 41. In what light have our modern courts of justice considered common recoveries? 360.

42. How does the commentator recommend the shortening of the process of this conveyance? 361.

43. What are the force and effect of a common recovery? 361.

44. By statute, when will not a recovery bar an estate tail, and who shall not suffer a recovery? 362.

45. What, in all recoveries, is necessary on the part of the recoveree or tenant to the præcipe? 362. 46. But what are the provisions of the statute 14 Geo. II. c. 20 in order to make good a recovery? 362.

47. By what two sorts of deed may the uses of a fine or recovery be directed? 363, 364.

48. When are these deeds called deeds to lead the uses of a fine or recovery, and when deeds to declare them; for what purpose are they made; and what effect have they on the fine or recovery? 363, 364.

CHAP. XXII.-Of Alienation by Special Custom.

1. To what are assurances by special custom confined? 365.

2. How are copyhold lands generally transferred? 365.

3. What is surrender sursum redditio; and what is the manner of transferring copyhold estates ? 365, 366.

4. What operation upon a copyhold estate has any feoffment or grant? 367.

5. If I would exchange a copyhold estate with another, or devise one, what must be done? 367, 368.

6. What effect will a fine or recovery had of copyhold lands in the king's courts have; and how may such fine or recovery be reversed by the lord? 368.

7. What are the three several parts of the assurance by surrender? 368.

8. What part of it does the surrender itself constitute? 868.

CHAP. XXIII.—Of Alienation by Devise.

1. WHAT is devise? 373.

2. Upon what did the restraint of deviny lands take place? 373.

3. What estate only could then be devised, with what exceptions? 874.

4. In what shape did the popish clergy, who then generally sat in the court of chancery, allow of the devise of lands? 375.

5. Upon what did lands in this shape become no longer devisable? 375.

6. What did the statute of wills, 32 Hen. VIII. c. 1, enact? 375.

7. How is a devise to a corporation for a charitable use now held by the statute 48 Eliz. c. 4 to be valid? 376.

8. What does the statute of frauds and perjuries, 29 Car. II. c. 3, direct as to devises of lands! 376. 9. Are copyholds and terms for years within the statute? 376.

10. How may a will be revoked? 376.

11. What did the statute 25 Geo. II. c. 6 declare as to the witnesses to a will? 877.

12. What hath the statute 3 & 4 W. and M. c. 14 provided for the benefit of a testator's creditors? 878.

13. How is a will of lands considered by the courts of law? 378.

14. What distinction between devises of lands and testaments of personal chattels is founded upon this notion? 378, 379.

15. What seven general rules and maxims have been laid down by courts of justice for the construction and exposition of all the species of common assurances? 379-382.

CHAP. XXIV.-Of Things Personal.

1. WHAT are included under the name of things personal? 384.

2. Do not things personal consist of things movable only, as things real do of things immovable? 385.

3. Under what general name, then, is the whole comprehended? 385.

4. Into what two kinds, therefore, are chattels distributed by the law? 886.

5. What are chattels real? 386.

6. Which quality of real estates have they which denominates them real; and which do

10. Can the surrenderor retract his surrender? 869.

11. What is the presentment of the surrender; and when and by whom must it be presented? 369. 12. What if those into whose hands the surrender was made refuse to present and the lord refuse to compel them to do so? 369.

13. Of what three sorts is admittance? 370. 14. What is the lord bound to do in admittances pon a voluntary grant? 870.

15. How is the lord regarded in admittances upon surrender of a former tenant, or upon descent from the ancestor? 370, 371.

16. In what, however, do admittances upon surrender differ from admittances upon descent? 871.

17. Are heirs of copyhold compellable to be admitted? 372.

chattels ? 386.

7. What are chattels personal? 387, 888.

CHAP. XXV.-Of Property in Things Personal.

1. Or what two natures is property in chattels personal? 389.

2. Into what two sorts is property in chattels personal of the former nature divided? 889. 3. What is property in chattels personal in possession absolute? 389.

4. Into what two classes does the law distinguish animals? 390.

5. What property can a man have in such animals as are domitis, and what in such as are feræ naturæ ? 390.

6. Why, of all tame and domestic animals, does the brood belong to the mother (with what exception)? 390.

8. On what three accounts may a qualified property subsist in animals feræ naturæ ? 391.

9. What are those animals feræ naturæ in which qualified property may be acquired per industriam hominis, by a man's reclaiming and making them Lame by art, industry, and education? 392. 10. How long are these animals the property of a man? 392.

11. What animals as it felony to steal? 393. 12. What crime is it to steal such animals the stealing of which does not amount to felony?

894.

13. When, and how long, may a qualified property also subsist with relation to animals feræ naturæ, ratione impotentiæ, on account of their own inability? 394.

14. What is that qualified property which a man may have in animals feræ naturæ, propter privilegium? 394, 395.

15. What other things besides animals feræ naturæ may be the objects of qualified property; and how long does that property last? 395.

feiture.

1. WHAT personal chattels may accrue to whom by prerogative? 408.

2. What if the titles of the king and the subject concur? 409.

3. In what three classes of books hath the

king a kind of prerogative copyright? 410.

4. Is there not still another species of prorogative property, founded upon a very different principle from any that have been mentioned ? 410, 411.

5. What four reasons have concurred for making the restrictions which the municipal laws of many nations have exerted upon the natural right of every man to pursue and take to his own use all such creatures as are fera naturæ? 411, 412.

6. What, however, is the origin of the gamelaws in England? 413-416.

7. What was done by the carta de foresta? 416.

8. Who only, by common law, have a right to take or kill any beasts of chase not also beasts of

396.

17. Hath a servant who hath the care of his master's goods or chattels any property in them? 396.

18. What is called a thing, or chose in action? 396, 397.

19. Upon what depends, and what are the only regular means of acquiring, all property in

action? 397.

20. Upon all contracts, what does the law give to the party injured in case of non-performance? 397.

21. May things personal be limited by deed or will in remainder and in estate-tail? 398.

9. What are free-warren and free-fishery; and what does magna carta provide as to the latter? 417.

10. Who only, by common law, can justify hunting or sporting upon another man's soil, or, in thorough strictness, hunting or sporting at all? 417.

11. But how have the exemptions from certain penal statutes for preserving the game virtually extended what are called the qualifications to kill it? 417, 418.

12. For what twelve offences are all the goods and chattels of the offender forfeited to the crown?

421.

18. When do these forfeitures commence? 421.

CHAP. XXVI.-Of Title to Things Personal by Occupancy.

1. WHAT are the twelve principal methods by which the title to things personal may be acquired and lost? 400.

2. In what eight species of goods may a property be acquired by occupancy? 401-406.

3. But what are the restrictions as to the right to seize the goods and person of an alien enemy? 401, 402.

4. To what do the restrictions which are laid upon the right to the occupancy of animals feræ naturæ principally relate? 403.

5. What constitutes an accession to property? 404, 405.

6. What is confusion of goods; and to whom does such act of confusion give the entire property? 405.

CHAP. XXVIII.-Of Title by Custom.

1. WHAT are the three sorts of customary in which obtain pretty generally throughout most parts of the nation? 422.

2. Into what two sorts are heriots usually divided? 422.

3. What is heriot-service? 422.

4. Upon what does heriot-custom arise; and what is it defined to be? 422.

5. To what species of tenures is heriot-custom now for the most part confined? 423.

6. Of what does the heriot now usually consist; and of what estate is it always? 424.

7. Why can no heriot be taken on the death of a feme-covert? 424.

8. Can a heriot be compounded for the payment of money? 424.

9. What are mortuaries; and why are they sometimes called corse-presents? 425.

10. To what certainty did the statute 21 Hen. VIII. c. 6 reduce mortuaries? 427.

11. What are heir-looms; what may they be by special custom; and what are they by general? 427, 428.

12. What other personal chattels are there which descend to the heir in the nature of heir-looms?

VOL. II-.43

13. What if heir-looms are devised away from the heir by will? 429.

673