tels personal, of the former nature, divided? $89. 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 domitiae, and what in such as are ferae naturae? 390 6. Why, of all tame and domestic animals, does the brood belong to the mother (with what exception)? 390. 7. What is property in chattels personal, in possession qualified, limited, or special? 391. 8. On what three accounts may a qualified property subsist in animals ferae naturae ? 391. 9. What are those animals ferae naturae, in which a qualified property may be acquired per industriam hominis, by a man's reclaiming and making them tame, by art, industry, and education? 392. 10. How long are these animals the property of a man? 892. 11. What animals is it felony to steal? 393. 12. What crime is it to steal such animals, the stealing of which does not amount to felony? 394. 13. When, and how long, may a qualified property also subsist, with relation to animals ferae naturae, ratione impotentiae, on account of their own inability? 394 14. What is that qualified property, which a man may have in animals ferae naturae, propter privilegium? 394, 395. 15. What other things, besides animals ferae naturae, may be the objects of qualified property; and how long does that property last? 395. 16. These kinds of qualification in property arise from the subject's incapacity of absolute ownership; but, in what cases may property be of a qualified or special nature, on account of the peculiar circumstances of the owner, when the thing itself is very capable of absolute ownership? 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. 22. May things personal be vested in joint-tenancy, in common, and in coparcenary ? 399. 23. But how is it held, that partnership stock in trade shall always be considered? 399. 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? 401406. 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 ferae naturae, principally relate? 403. 5. What constitutes an accession to property? 404, 405. 6. What is confusion of gods; and to whom does such act of confusion give the entire property? 405. 7. What hath the statute declared as to literary, and other copyright? 407. CHAP. XXVII.-Of Title by Prerogative and Forfeiture. 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 prerogative property, founded upon a very different principle from any that have been mentioned before? 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 ferae naturae? 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 prey? 416. 9. What are free-warren, and tree-fishery? and what does magna carta provide as to the latter? 417. 10. What 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 qualifica tions to kill it? 417, 418. 12 For what twelve offences, are all the goods and chattels of the offender forfeited to the crown? 421. 13. When do these forfeitures commence ? 421. CHAP. XXVIII.--Of Title by Custom. 1. WHAT are the three sorts of customary interests, which obtain pretty generally throughout most parts of the nation? 422. 2. Into what two sorts are heriots usually di CHAP. XXVI.-Of Title to Things personal vided' 422. by Occupancy. 3. What is heriot-service? 422. 4. Upon what does heriot-custom arise; and 1. What are the twelve principal methods by 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, by 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? 428, 429. statute 13 Eliz. c. 5. declare, as to every grant or gift of chattels, as well as lands, with intent to defraud creditors? 441. 5 By what is a true and proper gift or grant always accompanied; and in what cases only may it be retracted? 441. 6. But what if the gift do not take effect, by delivery of immediate possession? 441, 442. 7. What interest does a contract convey, as distinguished from a gift or grant; and how is it defined? 442. 8 Can a chose in action be assigned? 442 9. What are express contracts, and what im. plied? 443. 10. What are executed, and what executory contracts; and how do they differ in the choses 13. What if heir-looms are devised away they convey? 443. from the heir by will? 429. 11. What is a good, and what a valuable, consideration; and how may each of these be set CHAP. XXIX.-Of Tille by Succession, Mar. aside? 444. riage, and Judgment. 1. To what is succession, in strictness of law, only applicable? 430. 2 But what sole corporations have, in this respect, the same powers as corporations aggregate have? 431. 3. In case a lease for years be made to the Bishop of Oxford and his successors, who shall have it; and why? 431, 432. 4. Yet what two exceptions are there to the rule, that no chattel can go to corporations merely sole, in right of succession? 432. 5. How are those chattels which formerly belonged to the wife, vested in the husband, by marriage; and how does personal property differ, in this respect, from real estate? 433. 6. How do a chattel real and a chattel personal, or chose in action, vest in the husband; and what, if he die before he have recovered, or reduced them into possession? 434. 7. What shall become of the chattel real and chattel personal, if the wife die before the husband have done so; and why? 435. 8. How do chattels personal in possession vest in the husband? 435. 9. What are the wife's paraphernalia? 435, 436. 10. Of what natures is property in chattel interests, vested by a judgment, in consequence of some suit or action? 436, 437. 11. What three species of property are of the second of these natures? 437-439. CHAP. XXX. Of Title, by Gift, Grant, and 1. WHAT is the distinction between a gift of personal property, and a grant? 440. 2. What may be included under the head of gifts or grants of chattels real; and what considerations, in the eye of the law, convert the gift, if executed, into a grant, if not executed, into a contract? 440. 3. What are grants or gifts of chattels per sonal; and how may they be made? 441. 4. Why does the statute 3 Hen. VII. c. 4. declare all deeds of gifs of goods, made in trust to the use of the donor, void; and what does the 12. In what four species are valuable considerations divided, by the civilians? 444, 445 13. What is a nudum pactum; and what degree of reciprocity will prevent it? 445, 446. 14. How far will courts of justice support a voluntary bond, or promissory note; and why? 446. 15. What are the four most usual contracts whereby the right of chattels personal may be acquired in England? 446. 16. What is sale or exchange; how does the former differ from the latter; and how are both regarded by the law? 446, 447. 17 Where the vendor bath in bimself the property of the goods, when only hath he not the liberty of disposing of them? 447. 18. What constitutes a sale? 447, 448. 19 But in what cases may property be transferred by sale, though the vendor have none at all in the goods? 449. 20. What is market-day, and market-overt in the country; and what in London? 449. 21. But what has the statute 1 Jac I. c. 21. provided, as to the sale of goods to pawn-brokers? 449. 22. And in what cases are sales not binding, even in market-overt? 450. 23 What directions do the statutes, 2 P. & M. c. 7., and 31 Eliz. c 12., enact concerning the sale of horses? 450, 451. 24. What remedy has a purchaser, if a vendor sell goods and chattels as bis own, and the title prove deficient? 451. 25 When is the vendor bound to answer for the goodness of his wares purchased? 451. 26. What is bailment ; and who is the bailor, and who the bailee? 451, 452. 27 What does the law call agistment? 452. 28. If a man deliver any thing to his friend to keep for him, when is the bailee answerable for any damage or loss it may sustain ? 452. 29. Why, in all instances of bailment, may the bailee, as well as the bailor, maintain an action against such as injure the chattels bailed? 452, 453. 30. What is the difference between hiring and borrowing? 453. 31. What is interest; and upon what is its doctrines grounded? 454, 455. 32. To what three practices does the circumstances of the hazard of lending money being greater than the compensation arising from the rate of interest allowed by law on the loan, give rise? 457. 33. What is bottomry; and in what does it differ from respondentia? 457, 458. 34. What is enacted by the statute 19 Geo. II. c. 37. as to all monies lent on bottomry or respondentia, on vessels bound to and from the West Indies? 458. 35. What is a policy of insurance? 458, 459. 36. What is enacted by the statute 14 Geo. II. c. 48. as to insurances on lives? 459, 460. 37. Policies of insurance being contracts, the very essence of which consists in observing the purest good faith and integrity, how is fraud or undue concealment in them provided against? 460. 38. What is enacted by the statute 19 Geo. II. c. 37. as to what are denominated wagering policies? 460, 461. 39. From what does the practice of purchasing annuities for lives at a certain price or premium, instead of advancing the same sum on an ordinary loan, arise? 461. 40. What has the statute 37 Geo. III. c. 26. directed, in order to throw some check upon improvident transactions of this kind? 461, 462. 41. What is now the extremity of legal inter est that can be taken? 463. 42. If a contract which carries interest, be made in a foreign country, of what interest will our courts direct the payment? 463, 464. 43. What does the statute 14 Geo. III. c. 29. enact, as to the legality of interest on all mortgages, and other securities upon estates, or other property in Ireland, or the plantations? 464. 44. What is debt; and in what cases may it be the counterpart of, and arise from, any of the other species of contracts? 464. 45. Into what three classes is debt usually divided? 465. 46. What is a debt of record? 465. 47. What is a debt by specialty, or special contract? 465. 48. What are debts by simple contract? 465. 49. What is enacted by the statute 29 Car II. c. 3. as to one person's being responsible for the debt of another? 466. 50. What is that species of simple contract debt now introduced into all sorts of civil life, under the name of paper credit? 466. 51. What is a bill of exchange or draft; and who is the drawer of it, who the drawee, and who the payee? 466, 467. 52. Of what two sorts are bills of exchange; and what difference is there in law between them? 467. 55. What are promissory notes, or notes of hand, and for what sum at least must they be drawn? 467, 468. 64. Why is it usual in bills of exchange, to express that the value thereof hath been receiv ed by the drawer? 468. 55. By what neans may a bill of exchange, or promissory note, be assigned? 468, 469. 56. When may a bill of exchange be protested for non-acceptance; and when, both bill and a promissory note, for non-payment? 469. 59. Upon whom may an indorsee call to discharge a bill or a note? 470. CHAP. XXXI.-Of Title by Bankruptcy. 1. WHO may become a bankrupt; and who may not? 471, 473-477. 2. What privileges do the laws of bankruptcy confer on the creditors; and what on the debtor? 472. 3. By what eleven acts, may a man become a bankrupt? 478, 479. 4. What are the ten proceedings on a commission of bankrupt? 480–484. 5. What, if the bankrupt make default in either surrender of himself, or conformity to the directions of the statutes of bankruptcy? 481. 6. What powers has any judge or justice of the peace over a bankrupt? 481. 7. What powers have the commissioners of the bankruptcy? 481. 8., What, if the bankrupt conceal or embezzle any effects to the amount of 20%., or withhold any books or writings, with intent to defraud his creditors? 482. 9. What if it appear that his inability to pay his debts arose from some gross misconduct and negligence? 482. 10. After the time allowed to the bankrupt for such discovery is expired, to what shall any other person, voluntarily discovering any part of the bankrupt's estate, be entitled? and what shall any trustee, wilfully concealing it, forfeit? 482. 11. Of what rateable amount is the bankrupt's allowance? 483 12. When shall not the bankrupt's allowance or indemnity be given him? 484.' 13. What is an act of insolvency? 484. 14. But as to what only, are persons, who have been once cleared by a bankruptcy or by an insolvent act, indemnified, in case they become bankrupts again? 484, 485. 15. By virtue of the statutes of bankruptcy, in whom are all the personal estate and effects of the bankrupt considered as vested, by the act of bankruptcy? 485. 16. What is the meaning of the saying, "Once a bankrupt, and always a bankrupt?" 485, 486. 17. Who alone is not within the statute of bankrupts? 486. 18. But what is provided by the statute 19 Geo. II. c. 32. as to money paid by a bankrapt to a creditor, and by statute 1 Jac. I. c. 15. as to money paid by a debtor to a bank rupt? 486. 19. What acts can and cannot the assignees of a bankrupt do, without the consent of the creditors? 486. 20. What is the duty of the assignees towards the creditors; and within what time shall the first dividend be made? 487. 21. What debts of a bankrupt have a priority to be paid; and what shall not be postponed or set aside? 487, 488. 22. Within what time shall a second and fi nal dividend be made; and if any surplus re main after paying every creditor his full debt, to whom shall it be given? 488 Administration. in the will, does the law admit a querela ino ficiosi to set it aside? 503. 23. What is an executor; and who may be one? 503 24. What must be done, if the executor be not seventeen years of age, or be out of the realm, or when a suit is commenced in the ecclesiastical court touching the validity of the will? 503. 25. What, if the testator name no, or incapable, executors: or if the executors named, refuse to act? 503, 504 26. What, if the deceased die wholly intesfate, without making either will or executors? 504. 27. In granting letters of administration pur CHAP. XXXII.—Of Title by Testament, and suant to the statutes 31 Edw. III c. 11., and 21 Hen VIII. c. 5., by w at seven rules is the ordinary bound? 504, 505. 1. WHAT is a testament, and what an administration? 490. 2. What were the reasonable parts in a man's chattels of the wife and children? 492. 3. What part of his chattels may a man now devise? 492, 493. 4. When is a man said to die intestate? 494. 5. To whom did the goods of intestates antiently belong; and to whom were they granted? 494 6. What is the origin of the right of the church to the probate of wills, and to the ad ministration of intestate's property? 494-496, 509, 510. 7 Who is the intestate's administrator? 496. 8. Upon what three accounts are persons prohibited, by law or custom, from making a will? 497. 13. What, if a feme-sole make her will, and afterwards marry? 499. 14 Who are persons incapable of making tes taments, on account of their criminal conduct? 499. 15. Into what two sorts are testaments divided? 500. 16. What is a codicil; and of what two sorts? 500. 17. Under what three restrictions has the statute of frauds, 29 Car. II. c. 3. laid nuncupative wills and codicils? 500, 501. 18. What witness of their publication do written testaments of chattels need? 501. 19. What if there be many testaments of dif ferent dates; and what effect has the republication of a former will upon one of a later date? 502. 20. In what three ways may testainents be avoided? 502. 21. What, if a man who hath made a will, marry, and have a child? 502. 22. Is it necessary to leave the heir a shilling; or, if the heir or next of kin be totally omitted 28. Who may administer to a bastard? 505, 506 29. If the executor of A. die, who is A's executor? 506. 30 Is it the same, with regard to A's administrator? 506. 31. What is an administrator de bonis non? 506 32. What is the difference between the offices and duties of executors and those of adminis trators? 507 33. Who is an executor de son tort; and how shall he be treated? 507 34. What are the seven powers and duties of a rightful executor or administrator? 508, 510 -512 514, 515. 35. In what two ways is a will proved; and what is styled the probate? 508. 36 When must the will be proved before the ordinary of the jurisdiction, and when before the metropolitan of the province, by way of special prerogative? 508, 509 37. If there be two or more, executors or administrators, is a sale or release by one of them good against the rest? 510. 38 What are called assets? 510. 39 In what order of priority must the deceasea's debts be paid? 511. 40. What, if a creditor constitute his debtor his executor? 512. 41. May an executor or administrator give himself the preference in the payinent of the deceased's debts and legacies? 511, 512. 42. What is a legacy; and what is necessary to its perfection? 512. 43. In case of a deficiency of assets, what legacies must abate, and how? 512, 513. 44. What is a lapsed legacy; and to whom does it lapse? 513. 45 What is a contingent, and what a vested, legacy? 513. 46. But what, if such legacies be charged upon real estate? 513 47. When do legacies carry interest? 513, 514. 48. What is a donation causa mortis? 514. 49. When shall the residuum go to the executor, and when to the next of kin? 514, 515. 50. How do the statutes 22 & 23 Car. II. c. 10., explained by 29 Car II. 30., and 1 Jac. II. c. 17., distribute the surplusage of intestates' estates? 515, 516. 51. But what are the customs of the city of CHAP. L-Of the Redress of private Wrongs, by the mere Act of the Par ties. 1. WHAT are private wrongs, as distinguished from public wrongs; and why are the former frequently termed civil injuries, and the latter crimes and misdemeanors? 2 2. How is the redress of private wrongs prin. cipally to be sought? 2, 3. 3. Into what three species, may the redress of private wrongs be distributed? 3. 4. Of what two sorts is that redress of private wrongs, which is obtained by the mere act of the parties? 3. 23. What is accord; and what is its effect? 15, 16 24. In what cases, is tender of sufficient amends to the party injured, a bar of all actions? 16. 25. What is arbitration; who is an umpire (imperator or impar); and what is an award? 16. 26 How may the right of real property pass by an award? 16. 27. In what case does the statute 9 & 10 W. III. c. 15. enact, that all submissions of suit to arbitration or umpirage, may be made rules of any of the King's courts of record ? 17. 5. Of what six species, is that redress of private wrongs, which arises from the sole act of the CHAP. II.-Of Redress by the mere Operation injured party? 3-6, 15. 6 What is a distress, districtio: and for what four injuries may a distress be taken? 6, 7. 7. What are cattle, damage-feasant? 7. 8 What six species of things cannot be distrained? 7-10 9. What are cattle, levant and couchant elevantes et cubantes? 9. 10. When, where, and how, must all distresses be made; with what exceptions as to the time? 11. 11. In what cases, may a second distress for the same duty be made? 11, 12. 12. What does the statute of Marlbridge, 52 Hen. III. c. 4. enact as to unreasonable distress? 12. 13. How must a distress be disposed of; and when may it be rescued by its owner? 12. 14. What is a pound (parcus); and of what four kinds? 12. 15. What is the difference in the effect, between impounding a live distress in a common pound-overt, and in a special pound-overt? 13. 16. What, if the beasts are put in a pound. covert; or, if a distress of dead chattels be not put in one? 13. 17. How long must beasts taken damage-fea. sant, and distresses for suit or services, remain impounded? 13. 18. Who is to replevy (replegiare)? 13. 19. When is the distress saleable, for a debt due to the crown, for an amercement to the lord, and for statute distresses; and when in all cases of distress for rent? 14. 20. What has the statute 11 Geo. II. c. 19. provided in case of any unlawful act, done in taking a distress? 15. 21. Are those who are entitled to that redress of private wrongs, which arises rom their sole act of the injured party, debarred of their redress by suit or action? 15. 22. Of what two species, is that redress of private wrongs which arises from the joint act of all the parties together? 15. of Law. 1. Or what two species is that redress of private wrongs, which is effected by the mere operation of law? 18. 2. Why, when a creditor is executor or administrator, is he allowed to retain his own debt? 18, 19. 3. But in prejudice to whom, can he not retain his own debt? 19. 4. What is remitter? 19, 20. 5. But what if the subsequent estate, or right of possession, be gained by a man's own act and consent? 20. 6. What is the reason why this remedy of remitter to a right was allowed? 20. 7. But what, too, if the party have no remedy by action? 21. CHAP. III.-Of Courts in general. 1. WHAT is that redress of private wrongs, wherein the act of the parties and the act of law co operate? 22 2 Is not the ordinary course of justice excluded by the extra-judicial remedy, which the law allows, in the several cases of redress by the act of the parties, mentioned in a former chap. ter? 22. 23. 3. What, in the cases of remedy by the mere operation of law? 23. 4. What is a general and indisputable rule, where there is a legal right? 23. 5. What is a court defined to be? 23. 6. Whence are all courts of justice derived? 24. 7. What one distinction runs throughout all courts of justice? 24. 8. What constitutes a court of record? and by what shall its existence be tried? 24, 25, 9. What is a court not of record; what is the extent of its power; and by what shall its exis tence be tried? 25. 10. What three constituent parts must there be, in every court; and what assistants |