Commentaries on the Laws of England, in Four Books Volume 2

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1794 edition. Excerpt: ... CHAPTER THE SEVENTEENTH. Of TITLE By PRESCRIPTION. AThird method of acquiring real property by purchase is that by prescription / as when a man can shew no other title to what he claims, than that he, and those under whom he claims, have immemorially used to enjoy it. Concerning customs, or immemorial usages., in general, with the several requisites and rules to be observed, in order to prove their existence and validity, we inquired at large in the preceding part of these commentaries *, At present therefore I shall only, first, distinguish between cujlom, strictly taken, and prescription; and then shew, what sort of things may be prescribed for. And, first, the distinction between custom and prescription is this; that custom is properly A local usage, and not annexed to any person; such as a custom in the manor of Dale that lands shall descend to the youngest son: prescription is merely a personal usage; as, that Sempronius and his ancestors, or those whose estate he hath, have used time out of mind to have such an advantage or privilege b. As for example; if there be a usage in the parish of Dale, that all the inhabitants of that parish may dance on a certain close, at all times, for thir recreation; (which is heldc to be a lawful usage) this is strictly a custom, for it is applied to the place in general, and not to any particularsr/wx: but if the See Vol. I. pag. 75, &c. 1 Lev. 176. * S> Co. Lite 113. tenant* tenant, who is seised of the manor of Dale in fee, alleges that he and his ancestors, or all those whose estate he hath in the said manor, have used time out of mind to have common of pasture in such a close, this is properly called a prescription; for this is a usage annexed to the person of the...