7. What is the first rule, or canon, of inheritance, according to which estates are transmitted from the ancestor to the heir? 208, 210. 8. What is the difference between an heir apparent and an heir presumptive? 208. 9. Who cannot be accounted such an ancestor, as that an inheritance of lands or tenements can be derived from him? 209. 10. What is the second rule, or canon, of inheritance? 212, 213. 11. What is the third rule, or canon, of inheritance? 214. 216. 12. What are exceptions to this rule? 216. 13. In what one inheritance does succession by primogeniture take place among females? 216. 14. In what one inheritance does sole succession take place among females? 216. 15. What is the fourth rule, or canon, of inheritance? 217. 16. When is an inheritance divided per stirpes, and when per capita? 217, 218. 17. What is the fifth rule or canon, of inheritance? 220. 222. 18. What is the great and general principle upon which the law of collateral inheritances depends? 223. 19. What is the sixth rule, or canon, of inheritance, being, like the seventh and last, only a rule of evidence who the purchasing ancestor was? 224. 20. Who is a kinsman of the whole blood? 227. 21. Why is the exclusion of a kinsman of the half-blood not unreasonable? 228-232. 22. What one inheritance may descend to the half-blood of the person last seised, so that it be the blood of the first purchaser; and why? 233. 23. For this reason, in what kind of estate is half blood no impediment to the descent? 233. 24. What is the seventh and last rule, or canon, of inheritance? 234. 25. What is the most probable original of this rule? 235. 26. When is this rule totally reversed? 236. 7. Upon what principle is the law of escheats founded? 245. 8. What are the first three cases wherein in. heritable blood is wanting? 246. 9 What is the fourth case, wherein inherita ble blood is wanting? 246, 247. 10. What is the fifth case? 247, 248. 11 Who are bastard eigne and mulier puisne; and in what case may the former bar the tatter of his inheritance; and this for what three reasons? 248 12. What legal heirs can a bastard have? 249. 13. What is the sixth case, wherein inheritable blood is wanting? 249. 14. What is the difference of inheritable ope ration on the blood of alien, in the acts of denization and of naturalization? 249, 250. 15. If an alien come into England, and there have issue two sons, who are thereby natural-born subjects, and one of them purchase land and die, who cannot be his heir; and why? 250. 16. What is enacted by the statute 11 and 12 Will. III. c. 6., as to the inheritance of natural-born subjects, deriving their pedigrees through aliens; and how is this statute qualified by that of 25 Geo. II. c. 39.? 251. 17. What is the seventh case, wherein inheritable blood is wanting? 251. 18. What is the difference between forfeitures of lands to the King, and escheat to the lord? 251-254. 19. By what means only can the corruption of blood be absolutely removed? 254. 20. If a man attainted be pardoned by the King, can his son inherit? 254. 21. If a man have issue a son, and be attainted, and afterwards pardoned, and then have issue a second son and die, who cannot be his heir; and why? 255. 22. If the ancestor be attainted, may his sons be heirs to each other? 255. 23. What is declared in most of the new felonies, created by act of parliament since the reign of Henry VIII.; and wherefore is it so? 256. 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? CHAP. XV.—Of Title by purchase, and first 257. by Escheat. 1. WHAT is purchase, taken in its largest and most extensive sense? 241. 2. If an estate be made to A. for life, remainder to his right heirs in fee, by what shall the heirs take? 242. 3. What was meant by calling William the Norman Conqueror? 243. 4. In what two points does the difference in effect, between the acquisition of an estate by descent and by purchase, principally consist? 243, 244. 5. What five methods of acquiring a title to estates does purchase include? 244. 6. What is escheat? 244, 245. 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 lands? 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. 3., and of 14 Geo. II. c. 20., enact, as to this estate? 259,260. 7. If the thing prescribed has what inca pacity, 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. Is there not a difference in the inheritance of a thing prescribed in one's self, and one's ancestors, and one prescribed in a que estate? 266. CHAP. XVIII-Of Title by Forfeiture. 1. WHAT is forfeiture? 267. 2. By what eight means, may lands, tenements, and hereditaments be forfeited? 267. 3. What are the six offences, which induce a forfeiture of lands and tenements to the crown? 267, 268. 4. Of what three kinds is the alienation contrary to law, which induces a forfeiture? 268. 5. What is alienation in mortmain, in mortua manu? 268. 6. How were common recoveries invented? 271. 7. How were uses and trusts invented? 272. 8. What is licence of mortmain; and how has it been dispensed with? 272, 273. 9. What is enacted by the statute 9 Geo. II. c. 36. as to lands and tenements, or money to be laid out thereon, given for or charged with, charitable uses? 273, 274. 10. Who are excepted out of this act; and with what proviso is the exception made? 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 fee: and 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 ordmary? 277. 20. What if the bishop or metropolitan do not present immediately upon lapse? 277. 21. What it the King do not? 277. 22. In what cases only, is the bishop requir ed 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? 279,230 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 living, simoniacal? 280. 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 nonperformance 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. 42 With only what exception, has the statute 21 Jac. I. c. 19. authorised the disposal of a bankrupt'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 pur chasing? 290. 3. How alone may contingencies and mere possibilities be assigned to a stranger? 290. 4. What seven descriptions of persons are in capable of conveying? 290-293. 5. Are the conveyances and purchases of idiots and persons of nonsane memory, infants, and persons 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 interest ed, 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 aliena tions called? 294. 12. Of what four kinds are the common assurances? 294. 2. What is an indenture? 295. 3. What is a chirograph? 296. 4. Which is the original, and which the coun. terpart of a deed? 296. 5. What is a deed-poll? 296. 6. Woat are the eight requisites of a deed? ter, and expectant on, a lease for years now in 296-298. 304-308 7. What are the eight usual, formal, and orderly parts of a deed? 298-301 304 S. What are the premises of a deed? 298 9. What are the babendum 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 warran ties? 301. 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 covenanting for heirs, and covenanting for executors and administrators? 304. 20. For what reasons has the covenant, in modern practice, totally superseded the warran *y? 304 21. Of what does the conclusion of a deed consist? 304. 2? Is a deed good, with no, or a false, date? 304. 23. When is it necessary to the validity of a 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? 507 29. Must the witnesses sign the deed? 307, 308. 30. By what five means, may a deed be avoided? 308, 309. being, to whom must the livery be made? 314, 315. 43. Of what two kinds is livery of seisin? 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 restrain all ecclesiastical or eleemosy nary 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. 55. What restraint upon the leases of beneficed clergymen does non-residence place? 522. 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? $24. 61. For what five purposes may releases enure? 324, 325. 62. What is a confirmation? $25, 826. 65. Why is not a livery of seisin necessary to a release or confirmation of lands? 325, 326. 64. What is a surrender? 326. 65. Why is not a livery of seisin necessa ry to a surrender? $26. 66. What is an assignment; and wherein does it differ from a lease? 326, 327. 67. What is a defeazance and may it be made after the original conveyance? 327. 68. What are uses and trusts, in our law? 328. 69. Who were the terre-tenant, and who the cestuy que use, or the cestuy que trust? 323. 70. What was done by the statute of uses, 27 Hen. VIII. c 10.? 332, 335. 71. In what do the contingent or springing uses of a conveyance differ from an executory devise? 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? $35. 335, 76. What is the origin of trusts 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. 16. as to bargains and sales? 338. 81. What gave rise to the fourteenth species of conveyance; and what is its nature? $38, 339. 82. What may be added as a fifteenth, and a sixteenth species of conveyance ? 339. 88. 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? S40, 341. 86. On the forfeiture of a bond, what sum is recoverable? 341. 87. What is a recognizance; and wherein does it differ from a bond? 341. 38. What is a defeazance on a bond, or recognizance, or judgment recovered; and wherein does it differ from a common conditional bond? $42. 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 1. WHAT are assurances by matter of record? 344. 2. Of what four kinds are they? 344. 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 close, literæ clausæ ? 346. latters patent, literæ patentes, and his writs tion of the King's grants differ from those of a 7. In what three points does the construcsubject? 347, 348. 8. What is a fine of lands and tenements? 348. 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 the fine is founded? 350. 12. What is the primer fine? 350. 15. What is the licentia concordani? 350. 14 What is the King's silver, or post fine? 350 cognizor, and who the cognizee? 350, 351. 15. What is the concord; and who is the and how far does this acknowledgment complete 16. How must the acknowledginent be made; the fine? 351. 17. What is the note of the fine? 351. vied? 352, 353. come ceo que il ad de son done; and of what droit tantum; and for what is it commonly 22. What is a fine, sur cognizance de used? 353. 23. What is a fine, sur concessit ? $53. 24. What is a fine, sur done, grant, et fine, sur cognizance de droit, come ceo, &c. ? render; and wherein does it differ from the 353. 354, 855. 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? $55. 29. Who are strangers; and in what cases are they bound? 356. a fine of any avail at all? 356, 557. man, or reversioner, does a tenant's for life 32. What is the nature of a common recovery; and how far is it like a fine? S57. and what does it allege 358. S4. Who is the demandant; and who the defendant? 658. S5. What is the voucher, vocatio, or calling to warranty; and who is the vouchee ? 358 36 Who is the recoverer; and who the recoveree? 358. 37. What is called the recompeuce, or re 3. What are the intentions of private acts covery in value? 359. of parliament ? 344. 38. Of what nature is this recompence ? and who is usually the common vouchee? or upon descent from the ancestor ? 370, ̧ 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 recove. ry? 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. 371. 16. In what, however, do admittances upon surrender differ from admittances upon descent! 371. 17. Are beirs of copyhold compellable to be admitted? 372. CHAP. XXIII-Of Alienation by Devise: 1. WHAT is devise? 373. 2. Upon what did the restraint of devising lands take place? 373. 3. What estate only could then be devised, with what exceptions? 374. 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 deviseable? 375. 6. What did the statute of Wills, 32 Hep. 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? To be answered from Mr. J. Chriss tian's note (2) on this chapter. 376. 10. How may a will be revoked? $76. CHAP. XXII.—Of Alienation by special Cus- clare, as to the witnesses to a will? 377. tom. 1. Towhat are assurances by special custom confined? 365. 2. How are copy hold lands generally transferred? 365. 3. What is surrender, sursem redditio; and what is the manner of transferring copy hold estates? 365, 366. 4. What operation upon a copy hold 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? 368. 9. What, if the lord refuse to admit the surrenderee? 368. 10. Can the surrenderor retract his surrender? 369. 11. What is the presentment of the surren der; 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 upon a voluntary grant! 370. 15. How is the lord regarded in admittances upon surrender of a former tenant, VOL. II 12. What hath the statute 3 & 4 W. & M. c. 14. provided for the benefit of a testator's creditors? 378. 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 moveable only, as things real do of things immoveable? 385. 3. Under what general name, then, is the whole comprehended? 385. 4. Into what two kinds, therefore, are chattels distributed by the law? 386. 5. What are chattels real? 386. 6. Which quality of real estates have they, which denominates them real? and which do they want, the want of which constitutes them chattels 386. 7. What are chattels personal? 387, 388. CHAP. XXV.-Of Property in Things per sonal. 1. Or what two natures is property in clrate tels personal? 389. 2. Into what two sorts is property in chat |