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Which consist in dominion over
1. Things real; in which are considered
2. The tenures by which they may be holden; viz.
3. Estates therein; with respect to
3. Number and connexions of the tenants; who may hold in
4. Title to them; which may be gained or lost by
5. Alienation, by common assurances; which are
s 1. General nature,
12. Several species
2. Matter of record
3. Special custom
II. Things personal, or chattels; in which are considered
1. Their distribution
2. Property therein
3. Title to them; which may be gained or lost by
A N A L Y SIS
OF THE RIGHTS OF THINGS.
OF PROPERTY, IN GENERAL. 1. All dominion over external objects has its original from the gift of the Creator to man in general.
Page 2 2. The substance of things was, at first, common to all mankind; yet a temporary property in the use of them might even then be acquired and continued by occupancy.
3 3. In process of time a permanent property was established
a in the substance, as well as the use of things; which was also originally acquired by occupancy only.
4, 5 4. Lest this property should determine by the owner's dereliction, or death, whereby the thing would again become common, societies have established conveyances, wills, and heirships, in order to continue the property of the first occupant: and, where by accident such property becomes discontinued or unknown, the thing usually results to the sovereign of the state, by virtue of the municipal law.
9_11 5. But of some things, which are incapable of permanent substantial dominion, there still subsists only the same transient usufructuary property, which originally subsisted in all things. 14
CHAPTER II. OF REAL PROPERTY; AND, FIRST, OF CORPOREAL HEREDITAMENTS.
1. In this property, or exclusive dominion, consist the rights of things; which are, I. Things real. II. Things personal. 16
2. In things real may be considered, 1. Their several kinds. II. The tenures by which they may be holden. III. The estates which may be acquired therein. IV. Their title, or the means of acquiring and losing them.
Page 16 3. All the several kinds of things real are reducible to one of these three, viz. lands, tenements, or hereditaments; whereof the second includes the first, and the third includes the first and second.
16 4. Hereditaments therefore, or whatever may come to be inherited (being the most comprehensive denomination of things real), are either corporeal or incorporeal.
17 5. Corporeal hereditaments consist wholly of lands, in their largest legal sense; wherein they include not only the face of the earth, but every other object of sense adjoining thereto, and subsisting either above or beneath it.
OF INCORPOREAL HEREDITAMENTS. 1. INCORPOREAL hereditaments are rights issuing ont of things corporeal, or concerning, or annexed to, or exercisable within,
20 2. Incorporeal hereditaments are, I. Advowsons. II. Tithes. III. Commons. IV. Wavs. V. Offices.
IV. Ways. V. Offices. VI. Dignities. VII. Franchises. VIII. Corodies or pensions. IX. Annuities. X. Rents.
21-41 3. An advowson is a right of presentation to an ecclesiastical benefice; either appendant, or in gross. This may be, I. Presentative. II. Collative. III. Donative.
21-23 4. Tithes are the tenth part of the increase yearly arising from the profits and stock of lands, and the personal industry of mankind. These, by the antient and positive law of the land, are due of common right to the parson, or (by endowment) to the vicar; unless specially discharged, I. By real composition. II. By prescription, either de modo decimandi, or de non decimando.
24-31 5. Common is a profit which a man hath in the lands of another; being, I. Common of pasture; which is either appendant, appurtenant, because of vicinage, or in gross. II. Common of piscary. III. Common of turbary. IV. Common of estovers, or botes.
32-35 6. Ways are a right of passing over another man's ground. 35
7. Offices are the right to exercise a public, or private, employment.
36 8. For dignities, which are tities of honour, see Book I. Ch. XII.