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 ༢ BIBLIOTHEEK VAN DE 2o KAMER DER STATEN-GENERAAL. 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 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, 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.... 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. 17, 18 CHAPTER III. OF INCORPOREAL HEREDITAMENTS. 20 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 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 ancient 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 5. Common is a profit which a man hath in the lands of another; being, I. Com- mon of pasture; which is either appendant, appurtenant, because of vicinage, or in gross. II. Common of piscary. III. Common of turbary. IV. Common of esto- 6. Ways are a right of passing over another man's ground. 7. Offices are the right to exercise a public or private employment 8. For dignities, which are titles of honor, see Book I., Ch. XII. 9. Franchises are a royal privilege, or branch of the king's prerogative, subsisting 10. Corodies are allotments for one's sustenance, which may be converted into pen- sions. (See Book I., Ch. VIII.). . 11. An annuity is a yearly sum of money, charged upon the person, and not upon the lands, of the grantor. 12. Rents are a certain profit issuing yearly out of lands and tenements; and are 41, 42 1. THE doctrine of tenures is derived from the feodal law, which was planted in Europe by its northern conquerors at the dissolution of the Roman Empire.. 44, 45 2. Pure and proper feuds were parcels of land allotted by a chief to his followers, to be held on the condition of personally rendering due military service to their lord. 54 3. These were granted by investiture; were held under the bond of fealty; were inheritable only by descendants; and could not be transferred without the mutual con- sent of the lord and vassal.. 4. Improper feuds were derived from the other; but differed from them in their original, their services and renders, their descent, and other circumstances.. 58 5. The lands of England were converted into feuds, of the improper kind, soon after the Norman conquest; which gave rise to the grand maxim of tenure; viz., that all lands in the kingdom are holden, mediately or immediately, of the king OF THE ANCIENT ENGLISH TENURES. 1. THE distinction of tenures consisted in the nature of their services; as, I. Chiv- alry, or knight-service; where the service was free, but uncertain. II. Free socage; where the service was free, and certain. III. Pure villenage; where the service was base, and uncertain. IV. Privileged villenage, or villein socage; where the service 2. The most universal ancient tenure was that in chivalry, or by knight-service; in which the tenant of every knight's fee was bound, if called upon, to attend his lord to the wars. This was granted by livery, and perfected by homage and fealty; which 3. The other fruits and consequences of the tenure by knight-service were, I. Aid. II. Relief. III. Primer seizin. IV. Wardship. V. Marriage. VI. Fines upon 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 OF THE MODERN ENGLISH TENURES. 1. FREE Socage is a tenure by any free, certain, and determinate service.... 78 81 |