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24. In what singular instance are lands held 10. Who are excepted out of this act; and
in fee-simple not liable to escheat to the lord, even with what proviso is the exception made :
when their owner is no more, and hath left no 274.
heirs to inherit them ? 256, 257.

11. Why is alienation to an alien & cause of
25 What is the eighth and last case wherein forfeiture? 274.
inheritable blood is wanting; and how does this 12. When are alienations by particular tenants
case differ from all the rest ? 257.

forfeitures; and to whom, and for what two res

sons ? 274, 275. CHAP. XVI.-Of Title by Occupancy.

13. What is it if tenant in tail alienes in fee ·

and why? 275.
1. What is occupancy? 258.

14. In case of forfeiture by particular tenanus,
2. To what single instance, so far as it con- what becomes of all legal estates by them before
cerns real property, have the laws of England created ? 275.
confined this right? 258.

15. What is disclaimer, in its nature and con-
3. Why was no right of occupancy allowed where

sequences ? 275, 276.
the king had the reversion of the lauds ? 259.

16. What is forfeiture by lapse ? 276.
4. What if the estate pur auter vie had been 17. In what two cases can no right of lapse
granted to a man and his heirs ? 259.

accrue? 276.
5. But what do the statutes of 29 Car. II, c.

18. What is the term in which the title to pre8 and of 14 Geo. II. c. 20 enact as to this estate?

sent by lapse accrues? 276, 277.
259, 260.

19. What if the bishop be both patron and on
6. What is the commentator's opinion as to dinary? 277.
the operation of these statutes ? 260.

20. What if the bishop or metropolitan do not
7. What is the law of alluvion and derelictions present immediately upon lapse? 277.
261, 262.

21. What if the king do not ? 277.

22. In what cases only is the bishop required CHAP. XVII.- Of Title by Prescription. to give notice of & vacancy to the patron, in 1. What is title by prescription; and how is order to entitle him, the metropolitan, and the it distinguished from custom? 263.

king to the advantage of a lapse? 278. 2. What is called prescribing in a que estate ?

23. When does the law style the bishop a dis-

turber; and of what does it consequently de-
3. What has the statute of limitations, 32 Hen. prive him? 278.
VIII. c. 2, enacted as to prescriptions ? 264.

24. What if the right of presentation be con.
4. What sort of hereditaments may be claimed tested ? 278.
by prescription ? 264.

25. What is forfeiture by simony? 278, 279.
5. Why cannot a prescription give a title to

26. Is it simony to purchase a presentation, the lands? 264.

living being actually vacant? 279.
6. In whom must a prescription be laid ? 265.

27. Is it simony for a clerk to purchase the
7. If the thing prescribed has what inca- next presentation and be thereupon presented ?
pacity, why cannot the prescription be made ? 265. 279, 280.
8. Why cannot deodands, felons' goods, and the

28. Is it simony for a father to purchase such
like be prescribed for, while treasure-trove, waifs,

a presentation for his son? 280. estrays, and the like can? 265.

29. What if a simoniacal contract be made with 9. For what more may a man prescribe in the patron, the clerk not being privy thereto? himself and his ancestors than he may in


que estate; and why may he do so ? 266.

30. Are bonds given to pay money to cha10. Is there not a difference in the inheritance ritable uses on receiving å presentation to a of a thing prescribed in one's self and one's an

living simoniacal? 280. cestors, and one prescribed in a que estate ? 266.

31. What bonds of resignation are not simoni

acal? 280. CHAP. XVIII.—Of Title by Forfeiture.

32. Are general bonds of resignation legal?

280. 1. What is forfeiture? 267.

33. What are the only causes for which the
2. By what eight means may lands, tenements, law will justify the patron's making use of such
and hereditaments be forfeited? 267.

a general bond of resignation? 280.
3. What are the six offences which induce a 34. Of what two kinds are the conditions the
forfeiture of lands and tenements to the crown? breach or non-performance of which induces a for-
267, 268.

feiture? 281.
4. Of what three kinds is the alienation con- 35. What is waste, and of what two kinds !
trary to law which induces a forfeiture 3 268. 281.

5. What is alienation in mortmain, in mortua 36. What are the general heads of waste in

houses, in timber, and in land? 281, 282.
6. How were common recoveries invented ? 37. Who are liable to be punished for waste,

and who not! 282, 283.
7. How were uses and trusts inverted ? 272. 38. What is the punishment for committing

8. What is license of mortmain; and how has waste? 283, 284.
it been dispensed with ? 272, 273.

39. By what may copyhold estates be forfeited 1
9. What is enacted by the statute 9 Geo. II. | 284.
c. 36 as to lands and tenements, or money to be 40. Who is a bankrupt? 285.
laid out thereon, given for or charged with cha- 41. What becomes of a bankrupt's lands and
ritable usog? 273, 274

tenements ? 285, 286.


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42 With only what exception has the statute 23. When is it necessary to the validity of 21 Jac. I. c. 19 authorized the disposal of a deed to read it to the parties? 304. oankrupt's estate-tail in possession, remainder, or 24. What if a deed be read falsely? 304. reversion ? 286.

25. Is it necessary to sign as well as seal a

deed? 305, 306. CHAP. XIX.- Of Title by Alienation. 26. What is the delivery of a deed; and what 1. What is alienation, conveyance, or purchase,

is its efficacy? 307.

27. What is the difference between a deed and in its limited sense ? 287.

an escrow? 307. 2. Who are capable of conveying and pur

28. Of what use is the attestation of a deed? ckasing ? 290.

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

29. Must the witnesses sign the deed? 307,

308. 4. What seven descriptions of persons are in

30. By what five means may a deed be avoided : capable of conveying ? 290–293.

308, 309. 5. Are the conveyances and purchases of idiots

31. What are those deeds called which are and persons of non-sane memory, infants, and per- generally used in the alienation of real estates ? sons under duress, void? 291.

309. 6. May a non compos plead his own disability

32. Of what two natures are conveyances as in order to avoid his acts ? 291, 292. 7. May his next heir, or other person inte-to the manner in which they receive their force

and efficacy? 309. rested, plead it? 292.

33. Of what two kinds are conveyances by the 8. Ilow may the purchase of a feme-covert be avoided ? 293.

common law ? 309.

34. What are the six species of original con9. What of the conveyance or other contract veyances; and what the five of derivative? 310. of a feme-covert? 293.

35. What is a feoffment? 310. 10. What only can an alien hold ? 293. 11. What are the legal evidences of alienations

36. What is necessary to the perfection of a called ? 294.

feoffment ? 311. 12. Of what four kinds are these common as

37. What if an heir dies before entry made surances ? 294.

his estate? 312. upon

38. By what delivery is a conveyance of a copy.

hold estate made to this day? 313. CHAP. XX.–Of Alienation by Deed.

39. What is necessary, by the common law, 1. What is a deed in its general nature ? to be made upon every grant of an estute of fire295.

hold in hereditaments corporeal ? 314. 2. What is an indenture? 295.

40. What is necessary in leases for years? 314. 3. What is a chirograph ? 296.

41. Why cannot freeholds be made to com4. Which is the original, and which the coun- mence in faturo? 314. Lerpart, of a deed ? 296.

42. If a freehold remainder be created after, 5. What is a deed-poll? 296.

and expectant on, a lease for years now in being, 6. What are the eight requisites of a deed? to whom must the livery be made ? 314, 315, 296–298, 304-308.

43. Of what two kinds is livery of seisin ? 7. What are the eight usual, formal, and or- 315. derly parts of a deed ? 298–301, 304.

44. How is livery in deed performed ? 316, 318. 8. What are the premises of a deed ? 298. 45. What is livery in law ? 316.

9. What are the habendum and tenendum ? 298, 46. What is the conveyance by gift, donatio ? 299.

316, 317. 10. What is the reddendum ? 299.

47. What are grants, concessiones? 317. 11. What is a condition? 299, 300

48. What is a lease? 317, 318. 12. What is the clause of warranty? 300. 49. What was the old meaning of the word 13. What was the origin of express warranties? | farm, in which sense it is used in the operatire 801.

words of a lease, “to furm let" ? 318. 14. What was the difference between lineal 50. To what one species of leases is livery of and collateral warranty ? 301, 302.

seisin necessary ? 318. 15. What was a warranty commencing by dis- 51. What three manner of persons does the seisin ? 302.

enabling statute, 32 Hen. VIII. c. 28, empower 16. In case the warrantee was evicted, what to make leases for three lives or one and twenty was the obligation of the heir ? 302.

17. What warranties against the heir are now 52. But what are the nine requisites that the good ? 302, 303.

statute specifies which must be observed in order 18. What are covenants? 304.

to render the leases binding? 319, 320. 19. What is the difference of effect between 53. Unless under what six regulations do the lover,anting for heirs and covenanting for executors disabling or restraining statutes of Elizabeth re und administrators ? 304.

strain all ecclesiastical or eleemosynary corporations, 20. For what reasons has the covenant, in and all parsons and vicars, from making any leases modern practice, totally superseded the war of their lands ? 320, 321. ranty? 304.

54. Is there not another restriction with re21. Of what does the conclusion of a deed con- gard to college-leases by the statute 18 Eliz. c. 6! aist. 304.

322. 22. Is a deed good with no, yr a fa’se date ? 55. What restraint upon the leases of beneficra 804

clergymen does non-residence place ? 322

years ? 319.


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66. What is an exchange? 323.

3. What are the intentions of private acts of
57. Is either livery of seisin or entry necessary parliament? 344.
in order to perfect an exchange? 323.

4. With what cautions and preliminaries are
58. What is a partition? 324.

private acts of parliament made? 345.
59. Can a partition be made by parol only, in 5. In what are the king's grants contained ?
any case ? 324.

60. What is a release? 324.

6. What is the difference between the king'a 61. For what five purposes may releases enure? letters-patent, literze patentes, and his writs closer 324, 325.

literæ clausæ 346.
62. What is a confirmation? 325, 326.

7. In what three points does the construction
63. Why is not a livery of seisin necessary to a of the king's grants differ from those of a sub
release or confirmation of lands? 325, 326. ject 9 347, 348.
64. What is a surrender ? 326.

8. What is a fine of lands and tenements
65. Why is not a livery of seisin necessary to 348.
& surrender ? 326.

9. What is the origin of fines ? 349.
66. What is an assignment ; and wherein does 10. Why is a fine so called? 349.
it differ from a lease? 326, 327.

11. What is the action of covenant upon which
67. What is a defeazance; and may it be made the fine is founded ? 650.
efter the original conveyance ? 327.

12. What is the primer fine? 350.
68. What are uses and trusts in our law ? 13. What is the licentia concordani? 350.

14. What is the king's silver, or post fine
69. Who were the terte-tenant, and who the | 350.
cestuy que use, or the cestuy que trust? 328.

15. What is the concord; and who is the cog-
70. What was done by the statute of uses, 27 nizor, and who the cognizee? 350, 351.
Hen. VIII. c. 10 ? 332, 333.

16. How must the acknowledgment be made;
71. In what do the contingent or springing uses and how far does this acknowledgment complete
of a conveyance differ from an executory devise ? the fine ? 351.

17. What is the note of the fine? 351.
72. Why, in both cases, may a fee be limited 18. What is the foot of the fine ? 351.
to take effect after a fee? 334.

19. What proclamations of a fine hath the sta-
73. What is a secondary or shifting use? 335. tute added to prevent the levying of one by
74. What is a resulting use ? 335.

fraud or covin? 352.
75. May uses originally declared be revoked 20. Of what four kinds are fines thus levied I
at any time and new ones declared? 335.

352, 353.
76. What is the origin of trusts 2 335, 336. 21. What is a fine sur cognizance de droit, come

77. How do the courts now consider a trust- ceo que il ad de son done; and of what efficacy is
estate? 337.

it? 352.
78. To what twelfth species of conveyance has 22. What is a fine sur cognizance de droit tantum;
that by livery of seisin now given way? 338. and for what is it commonly used ? 353.

79. What thirteenth species of conveyance has 23. What is a fine sur concessit? 353.
been introduced by this statute of uses ? 338. 24. What is a fine sur done, grant, et render,

80. What was enacted by the 27 Hen. VIII. c. and wherein does it differ from the fine sur cog-
16 as to bargains and sales 338.

nizance de droit, come ceo, fc.3 353.
81. What gave rise to the fourteenth species of 25. What are the force and effect of fines !
conveyance; and what is its nature ? 338, 339. 354, 355.

82. What may be added as a fifteenth and a 26. What are the three classes of persons
sixteenth species of conveyance? 339.

bound by a fine? 355.
83. What are the three species of deeds used 27. Who are the parties to a fine, and how are
not to convey but to charge or discharge lands ? they bound ? 355.

28. Who are privies, and how are they bound !
84. What is an obligation or bond, whether 355.
single (simplex obligatio) or conditional; and how 29. Who are strangers, and in what cases are
is it a charge upon lands? 340.

they bound ? 356.
85. When is the condition of a bond void; and 30. But what is necessary in order to make
when the bond itself! 340, 341.

a fine of any avail at all? 356, 357.
86. On the forfeiture of a bond, what sum is 31. Upon what neglect of the remainderman
recoverable? 341.

or reversioner does a tenants for life levying a fino
87. What is a recognizance; and wherein does fail to forfeit the estate from the latter to the
it differ from a bond ? 341.

former and bar it forever? 35€.
88. What is a defeazance on a bond or recogni-

32. What is the nature of a common recovery,
zance, or judgment recovered ; and wherein does it and how far is it like a fine $ 357.
differ from a common conditional bond ? 342. 33. What is the writ of præcipe quod reddat ;

89. What general registers for deeds, wills, and and what does it allege? 358.
other acts affecting real property are there in 34. Who is the demandant, and who the de
England and Scotland ? 343.

fendant? 358.

35. What is the voucher, vocatio, or compleng to
CHAP. XXI.--Of Alienation by Matter of Record. warranty; and who is the vouchee? 358.

36. Who is the recoverer, and who the recovered?
1. What are assurances by matter of record ? 358.

37. What is called the recompense or recovery
2. O® what four kinds are they? 344.

in ralue 359.


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88. Of what nature is this recompense; and CHAP. XXIII. - Of Alienation by Devise. who is usually the common vouchee ? 359.

39. What is a recovery with double voucher ; 1. What is devise? 373. and why is it now usually employed ? 359. 2. Upon what did the restraint of depicting

40. What is the reason why the issue in tail lands take place ? 373. is held to be barred by a common recovery ? 360. 3. What estate only could then be devised, with

41. In what light have our modern courts of what exceptions ? 374. justice considered common recoveries 360.

4. In what shape did the popish clergy, who 42. How does the commentator recommend then generally sat in the court of chancery, allow the shortening of the process of this conveyance? of the devise of lands ? 375. 361.

5. Upon what did lands in this shape become 43. What are the force and effect of a common no longer devisable? 375. recovery? 361.

6. What did the statute of wills, 32 Hen. VIII. 44. By statute, when will not a recovery bar c. 1, enact ? 375. an estate tail, and who shall not suffer a recovery?

7. How is a devise to a corporation for a che362.

ritable use now held by the statute 48 Eliz. c. 4 45. What, in all recoveries, is necessary on the to be valid ? 376. part of the recoveree or tenant to the præcipe ? 362.

8. What does the statute of frauds and perjuries, 46. But what are the provisions of the statute 29 Car. II. c. 3, direct as to devises of lands i 376. 14 Geo. II. c. 20 in order to make good & re- 9. Are copyholds and terms for years within covery? 362.

the statute? 376. 47. By what two sorts of deed may the uses 10. How may a will be revoked? 376. of a fine or recovery be directed ? 363, 364. 11. What did the statute 25 Geo. II. c. 6 de

48. When are these deeds called deeds to lead clare as to the witnesses to a will I 377. the uses of a fine or recovery, and when deeds to 12. What hath the statute 3 & 4 W. and M. C. declare them ; for what purpose are they made; 14 provided for the benefit of a testator's creditand what effect have they on the fine or recovery ors? 378. 363, 364.

13. How is a will of lands considered by the

courts of law ? 378. CHAP. XXII.-Of Alienation by Special Custom. 14. What distinction between devises of lands

and testaments of personal chattels is founded 1. To what are assurances by special custom upon this notion ? 378, 379. confined ? 365.

15. What seven general rules and maxims 2. How are copyhold lands generally trans- have been laid down by courts of justice for the ferred ? 365.

construction and exposition of all the species of 3. What is surrender sursum redditio ; and what common assurances ? 379-382. is the manner of transferring copyhold estates ? 865, 366.

CHAP. XXIV.-Of Things Personal. 4. What operation upon a copyhold estate has any feoffment or grant? 367.

1. What are included under the name of 5. If I would exchange a copyhold estate with things personal? 384. another, or devise one, what must be done ? 367, 2. Do not things personal consist of things 368.

movable only, as things real do of things immor. 6. What effect will a fine or recovery had of able? 385. copyhold lands in the king's courts have; and how 3. Under what general name, then, is the may such fine or recovery be reversed by the lord? whole comprehended ? 385. 368.

4. Into what two kinds, therefore, are chattels 7. What are the three several parts of the distributed by the law ? 886. assurance by surrender ? 368.

5. What are chattels real? 386. 8. What part of it does the surrender itself 6. Which quality of real estates have they constitute ? 368.

which denominates them real; and which do 9. What if the lord refuse to admit the surren- they want the want of which constitutes them deree? 368.

chattels? 386. 10. Can the surrenderor retract his surrender ? 7. What are chattels personal ? 387, 388. 869.

11. What is the presentment of the surrender ; CHAP. XXV.-Of Property in Things Personal. and when and by whom must it be presented ? 369.

12. What if those into whose bands the sur- 1. Of what two natures is property in chattels rinder was made refuse to present and the lord personal ? 389. refuse to compel them to do so ? 369.

2. Into what two sorts is property in chattele 13. Of what three sorts is admittance? 870. personal of the former nature divided : 889.

14. What is the lord bound to do in admittances 3. What is property in chattels personal in posupon a voluntary grant? 870.

session absolute ? 389. 15. How is the lord regarded in admittances 4. Into what two classes does the law distinupon surrender of a former tenant, or upon descent guish animals ? 390. from the ancestor? 370, 371.

5. What property can a man have in such 16. In what, however, do admittances upon animals as are domitiæ, and what in such as are surrender differ from admittances upon descent ? feræ naturæ ? 390. 871.

6. Why, of all tame and domestic animals, 17. Are heirs of copyhold compellable to be does the brood belong to the mother (with what admitted ? 372.

exception)? 390.

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ales and

7. What is property in chattels personal, in pos- CHAP. XXVII.-Of Title by Prerogative and Pura
session qualified, limited, or special? 391.

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

1. What personal chattels may accrue to whom
9. What are those animals feræ naturæ in which by prerogative ? 408.
a qualified property may be acquired per industriam 2. What if the titles of the king and the sub-
hominis, by a man's reclaiming and making them ject concur? 409.
Lame by art, industry, and education ? 392. 3. In what three classes of books hath cho

10. How long are these animals the property of king a kind of prerogative copyright 2 410.
a man? 392.

4. Is there not still another species of pre-
11. What animals as it felony to steal ? 393. rogative property, founded upon a very different

12. What crime is it to steal such animals the principle from any that have been mentioned ?
stealing of which does not amount to felony ? 410, 411.

5. What four reasons have concurred for
13. When, and how long, may a qualified pro- making the restrictions which the municipal
perty also subsist with relation to animals feræ laws of many nations have exerted upon the
naturæ, ratione impotentic, on account of their natural right of every man to pursue and take
own inability ? 394.

to his own use all such creatures as are fera
14. What is that qualified property which a naturæ ? 411, 412.
man may have in animals feræ nature, propter

6. What, however, is the origin of the game
privilegium ? 394, 395.

laws in England ? 413–416.
15. What other things besides animals feræ 7. What was done by the carta de foresta ?
naturæ may be the objects of qualified property ;

and how long does that property last? 395.

8. Who only, by common law, have a right to
16. These kinds of qualification in property take or kill any beasts of chase not also beasts of
nrise from the subjects incapacity of absolute own- prey? 416.
ership; but in what cases may property be of a

9. What are free-warren and free-fishery; and
qualified or special nature, on account of the pe- what does magna carta provide as to the latter?
culiar circumstances of the owner, when the thing

417. itself is very capable of absolute ownership?

10. Who only, by common law, can justify hunt396.

ing or sporting upon another man's soil, or, in 17. Hath a servant who hath the care of his thorough strictness, hunting or sporting at all? 417. master's goods or chattels any property in them? 11. But how have the exemptions from cer. 396.

tain penal statutes for preserving the game virtually
18. What is called a thing, or chose in action? extended what are called the qualifications to kill
396, 397.

it ? 417, 418.
19. Upon what depends, and what are the 12. For what twelve offences are all the goods
only regular means of acquiring, all property in and chattels of the offender forfeited to the crown ?
action ? 397.

20. Upon all contracts, what does the law give 18. When do these forfeitures commence ? 421.
to the party injured in case of non-performance ?

CHAP. XXVIII.-Of Title by Custom.
21. May things personal be limited by deed or
will in remainder and in estate-tail ? 398.

1. What are the three sorts of customary in
22. May things personal be vested in joint- terests which obtain pretty generally throughout
tenancy, in common, and in coparcenary ? 399. most parts of the nation? 422.

23. But how is it held that partnership stock in 2. Înto what two sorts are heriots usually ditrade shall always be considered ? 399.

vided ? 422.

3. What is heriot-service? 422.
CHAP. XXVI.-Of Title to Things Personal by 4. Upon what does heriot-custom arise; und

what is it defined to be? 422.

5. To what species of tenures is heriot-custom
1. What are the twelve principal methods by now for the most part confined ? 423.
which the title to things personal may be acquired 6. Of what does the heriot now usually consist;
and lost? 400.

and of what estate is it always ? 424.
2. In what eight species of goods may a pro- 7. Why can no heriot be taken on the death
perty be acquired by occupancy? 401-406. of a feme-covert? 424.

3. But what are the restrictions as to the 8. Can a heriot be compounded for to the
right to seize the goods and person of an alien payment of money? 424.
enemy? 401, 402.

9. What are mortuaries ; and why are they
4. To what do the restrictions which are laid sometimes called corse-presents ? 425.
upon the right to the occupancy of animals feræ 10. To what certainty did the statute 21 Hen.
naturæ principally relate ? 403.

VIII. c. 6 reduce mortuaries? 427.
5. What constitutes an accession to property ? 11. What are heir-looms ; what may they be
404, 405.

by special custom; and what are they by general ?
6. What is confusion of goods; and to whom 427, 428.
does such act of confusion give the entire pro- 12. What other personal chattels are there which
perty? 405.

descend to the heir in the nature of heir-looms :
7. What hath the statute declared as to lite- 428, 429.
rary and other copyright? 407.

13. What if heir-looms are devised away from

the heir by will ? 429. VOL. II-.43


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