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Entered, according to Act of Congress, in the year one thousand

eight hundred and forty-seven, by

HARPER & BROTHERS,

a the Clerk's Office of the District Court of the Southern District of New York

BIBLIOTHEEK

VAN DE 2o KAMER DER

STATEN-GENERAAL.

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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.

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3. In process of time a permanent property was established 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.

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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

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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.

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2. In things real may be considered, I. 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....

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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.

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CHAPTER III.

OF INCORPOREAL HEREDITAMENTS.

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1. INCORPOREAL hereditaments are rights issuing out of things corporeal, or cancerring, or annexed to, or exercisable within the same.. 2. Incorporeal hereditaments are, I. Advowsons. II. Tithes. III. Commons. IV. Ways. V. Offices. VI. Dignities. VII. Franchises. VIII. Corodies or pen-. sions. IX. Annuities. X. Rents

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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

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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 ancient and positive law of the land, are due of common right to the parson, or (by endowment) to the

9. Franchises are a royal privilege, or branch of the king's prerogative, subsisting

in the hands of a subject

12. Rents are a certain profit issuing yearly out of lands and tenements; and are
reducible to, I. Rent-service. .II. Rent-charge. III. Rent-seck...

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OF THE ANCIENT ENGLISH TENURES.

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6. These military tenures (except the services of grand sergeantry) were, at the

restoration of King Charles, totally abolished, and reduced to free socage, by act of

Parliament.....

OF THE MODERN ENGLISH TENURES.

1. FREE Socage is a tenure by any free, certain, and determinate service....
2. This tenure, the relic of Saxon liberty, includes petit sergeantry, tenure in burg-
age, and gavel-kind

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