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24. In what singular instance are lands held 10. Who are excepted out of this act; and
11. Why is alienation to an alien & cause of
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.
14. In case of forfeiture by particular tenanus,
15. What is disclaimer, in its nature and con-
sequences ? 275, 276.
16. What is forfeiture by lapse ? 276.
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.
19. What if the bishop be both patron and on
20. What if the bishop or metropolitan do not
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-
24. What if the right of presentation be con.
25. What is forfeiture by simony? 278, 279.
26. Is it simony to purchase a presentation, the lands? 264.
living being actually vacant? 279.
27. Is it simony for a clerk to purchase the
28. Is it simony for a father to purchase such
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
a general bond of resignation? 280.
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.
and who not! 282, 283.
8. What is license of mortmain; and how has waste? 283, 284.
39. By what may copyhold estates be forfeited 1
tenements ? 285, 286.
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.
66. What is an exchange? 323.
3. What are the intentions of private acts of
4. With what cautions and preliminaries are
private acts of parliament made? 345.
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.
7. In what three points does the construction
8. What is a fine of lands and tenements
9. What is the origin of fines ? 349.
11. What is the action of covenant upon which
12. What is the primer fine? 350.
14. What is the king's silver, or post fine
15. What is the concord; and who is the cog-
16. How must the acknowledgment be made;
17. What is the note of the fine? 351.
19. What proclamations of a fine hath the sta-
fraud or covin? 352.
77. How do the courts now consider a trust- ceo que il ad de son done; and of what efficacy is
79. What thirteenth species of conveyance has 23. What is a fine sur concessit? 353.
80. What was enacted by the 27 Hen. VIII. c. and wherein does it differ from the fine sur cog-
nizance de droit, come ceo, fc.3 353.
82. What may be added as a fifteenth and a 26. What are the three classes of persons
bound by a fine? 355.
28. Who are privies, and how are they bound !
they bound ? 356.
a fine of any avail at all? 356, 357.
or reversioner does a tenants for life levying a fino
former and bar it forever? 35€.
32. What is the nature of a common recovery,
89. What general registers for deeds, wills, and and what does it allege? 358.
35. What is the voucher, vocatio, or compleng to
36. Who is the recoverer, and who the recovered?
37. What is called the recompense or recovery
in ralue 359.
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.
7. What is property in chattels personal, in pos- CHAP. XXVII.-Of Title by Prerogative and Pura
1. What personal chattels may accrue to whom
10. How long are these animals the property of king a kind of prerogative copyright 2 410.
4. Is there not still another species of pre-
12. What crime is it to steal such animals the principle from any that have been mentioned ?
5. What four reasons have concurred for
to his own use all such creatures as are fera
6. What, however, is the origin of the game
laws in England ? 413–416.
8. Who only, by common law, have a right to
9. What are free-warren and free-fishery; and
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
it ? 417, 418.
CHAP. XXVIII.-Of Title by Custom.
1. What are the three sorts of customary in
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.
what is it defined to be? 422.
5. To what species of tenures is heriot-custom
and of what estate is it always ? 424.
3. But what are the restrictions as to the 8. Can a heriot be compounded for to the
9. What are mortuaries ; and why are they
VIII. c. 6 reduce mortuaries? 427.
by special custom; and what are they by general ?
descend to the heir in the nature of heir-looms :
13. What if heir-looms are devised away from
the heir by will ? 429. VOL. II-.43