56. What is an exchange? 323.

3. What are the intentions of private acts of
57. Is either livery of seisin or entry necessary parliament? 344.
in order to perfect an exchange? 323.

4. With what cautions and preliminaries are
58. What is a partition ? 324.

private acts of parliament made? 345.
59. Can a partition be made by parol only, in 5. In what are the king's grants contained ?
any case ? 324.

60. What is a release? 324.

6. What is the difference between the king's
61. For what five purposes may releases enure? letters-patent, literæ patentes, and his writs close,
324, 325.

literæ clausæ? 346.
62. What is a confirmation ? 325, 326.

7. In what three points does the construction
63. Why is not a livery of seisin necessary to a of the king's grants differ from those of a suh-
release or confirmation of lands ? 325, 326. ject ? 347, 848.
64. What is a surrender ? 326.

8. What is a fine of lands and tenements ?
65. Why is not a livery of seisin necessary to 348.
& surrender ? 326.

9. What is the origin of fines ? 349.
66. What is an assignment; and wherein does 10. Why is a fine so called ? 349.
it differ from a lease? 326, 327.

11. What is the action of covenant upon which
67. What is a defeazance; and may it be made the fine is founded ? 350.
after the original conveyance ? 327.

12. What is the primer fine ? 350.
68. What are uses and trusts in our law ? 13. What is the licentia concordani? 350.

14. What is the king's silver, or post fine ?
69. Who were the terre-tenant, and who the 350.
cestuy que use, or the cestuy que trust? 328.

15. What is the concord; and who is the cog-
70. What was done by the statute of uses, 27 nizor, and who the cognizee? 350, 351.
Hen. VIII. c. 10 ? 332, 333.

16. How must the acknowledgment be made;
71. In what do the contingent or springing uses and how far does this acknowledgment complete
of a conveyance differ from an executory devise ? the fine? 351.

17. What is the note of the fine? 351.
72. Why, in both cases, may a fee be limited 18. What is the foot of the fine? 351.
to take effect after a fee? 334.

19. What proclamations of a fine hath the sta-
73. What is a secondary or shifting use? 335. tute added to prevent the levying of one by
74. What is a resulting use? 335.

fraud or covin? 352.
75. May uses originally declared be revoked 20. Of what four kinds are fines thus levied ?
at any time and new ones declared ? 335. 352, 353.

76. What is the origin of trusts ? 335, 336. 21. What is a fine sur cognizance de droit, come

77. How do the courts now consider a trust- ceo que il ad de son done; and of what efficacy is
estate ? 337.

it? 352.
78. To what twelfth species of conveyance has 22. What is a fine sur cognizance de droit tantum;
that by livery of seisin now given way? 338. and for what is it commonly used ? 353.

79. What thirteenth species of conveyance has 23. What is a fine sur concessit ? 353.
been introduced by this statute of uses ? 338. 24. What is a fine sur done, grant, et render ,

80. What was enacted by the 27 Hen. VIII. c. and wherein does it differ from the fine sur cog-
16 as to bargains and sales > 388.

nizance de droit, come ceo, &c. ? 353.
81. What gave rise to the fourteenth species of 25. What are «the force and effect of fines ?
conveyance; and what is its nature ? 338, 339. 354, 355.

82. What may be added as a fifteenth and a 26. What are the three classes of persong
sixteenth species of conveyance ? 339.

bound by a fine? 355.
83. What are the three species of deeds used 27. Who are the parties to a fine, and how are
not to convey but to charge or discharge lands? | they bound ? 355.

28. Who are privies, and how are they bound ?
84. What is an obligation or bond, whether 355.
single (simplex obligatio) or conditional; and how 29. Who are strangers, and in what cases are
is it a charge upon lands? 340.

they bound? 356.
85. When is the condition of a bond void ; and 30. But what is necessary in order to make
when the bond itself? 340, 341.

a fine of any avail at all? 356, 357.
86. On the forfeiture of a bond, what sum is 31. Upon what neglect of the remainderman
recoverable? 341.

or reversioner does a tenant's for life levying a fine
87. What is a recognizance; and wherein does fail to forfeit the estate from the latter to the
it differ from a bond! 341.

former and bar it forever? 35€.
88. What is a defeazance on a bond or recogni-

32. What is the nature of a common recovery,
zance, or judgment recovered ; and wherein does it and how far is it like a fine? 357.
differ from a common conditional bond ? 342. 33. What is the writ of præcipe quod reddas;

89. What general registers for deeds, wills, and and what does it allege? 358.
other acts affecting real property are there in 34. Who is the demandant, and who the de-
England and Scotland ? 343.

fendant? 358.

35. What is the voucher, vocatio, or coming to
CHAP. XXI.-Of Alienation by Matter of Record. warranty; and who is the vouchee ?' 358.

36. Who is the recoverer, and who the recoveree?
1. What are assurances by matter of record? 358.

37. What is called the recompense or recovery
2. 0" what four kinds are they? 344. in ralue? 359.

38. Of what nature is this recompense; and CHAP. XXIII.- Of Alienation by Devise.
who is usually the common vouchee ? 359.
39. What is a recovery with double voucher ;

1. What is devise? 373.
and why is it now usually employed ? 359.

2. Upon what did the restraint of devisiny
40. What is the reason why the issue in tail lands take place ? 373.
is held to be barred by a common recovery? 360. 3. What estate only could then be devised, with

41. In what light have our modern courts of what exceptions ? 374.
justice considered common recoveries ? 360.

4. In what shape did the popish clergy, why
42. How does the commentator recommend then generally sat in the court of chancery, allox
the shortening of the process of this conveyance? of the devise of lands ? 375.

5. Upon what did lands in this shape become
43. What are the force and effect of a common no longer devisable? 375.
recovery? 361.

6. What did the statute of wills, 32 Hen. VIII.
44. By statute, when will not a recovery bar c. 1, enact? 375.
an estate tail, and who shall not suffer a recovery?

7. How is a devise to a corporation for a cha-

ritable use now held by the statute 48 Eliz. c. 4
45. What, in all recoveries, is necessary on the to be valid? 376.
part of the recoveree or tenant to the præcipe? 362.

8. What does the statute of frauds and perjuries,
46. But what are the provisions of the statute 29 Car. II. c. 3, direct as to devises of lands ? 376.
14 Geo. II. c. 20 in order to make good a re-

9. Are copyholds and terms for years within
covery? 362.

the statute? 376.
47. By what two sorts of deed may the uses 10. How may a will be revoked? 376.
of a fine or recovery be directed ? 363, 364.

11. What did the statute 25 Geo. II. c. 6 de-
48. When are these deeds called deeds to lead clare as to the witnesses to a will ? 377.
the uses of a fine or recovery, and when deeds to 12. What hath the statute 3 & 4 W. and M. c.
declare them; for what purpose are they made; 14 provided for the benefit of a testator's credit-
and what effect have they on the fine or recovery? ors? 378.
363, 364.

13. How is a will of lands considered by the

courts of law ? 378.
CHAP. XXII. -Of Alienation by Special Custom. 14. What distinction between devises of lands

and testaments of personal challels is founded
1. To what are assurances by special custom upon this notion ? 378, 379.
confined ? 365.

15. What seven general rules and maxims
2. How are copyhold lands generally trans- have been laid down by courts of justice for the
ferred ? 365.

construction and exposition of all the species of
3. What is surrender sursam redditio ; and what common assurances ? 379–382.
is the manner of transferring copyhold estates ?
865, 366.

CHAP. XXIV.–Of Things Personal.
4. What operation upon a copyhold estate has
any feoffment or grant? 367.

1. What are included under the name of
5. If I would exchange a copyhold estate with things personal ? 384.
another, or devise one, what must be done ? 367, 2. Do not things personal consist of things

movable only, as things real do of things immor-
6. What effect will a fine or recovery had of able ? 385.
copyhold lands in the king's courts have; and how 3. Under what general name, then, is the
may such fine or recovery be reversed by the lord? whole comprehended ? 385.

4. Into what two kinds, therefore, are chattels
7. What are the three several parts of the distributed by the law ? 386.
assurance by surrender 368.

5. What are chattels real? 386.
8. What part of it does the surrender itself 6. Which quality of real estates have they
constitute ? 368.

which denominates them real; and which do
9. What if the lord refuse to admit the surren- they want the want of which constitutes them
deree? 368.

chattels ? 886.
10. Can the surrenderor retract his surrender ? 7. What are chattels personal ? 387, 388.

11. What is the presentment of the surrender; CHAP. XXV.-Of Property in Things Personal.
and when and by whom must it be presented ? 369.

12. What if those into whose hands the sur- 1. Of what two natures is property in chattels
render was made refuse to present and the lord personal ? 389.
refuse to compel them to do so ? 369.

2. Into what two sorts is property in chattels
13. Of what three sorts is admittance? 370. personal of the former nature divided ? 889.

14. What is the lord bound to do in admittances 3. What is property in chattels personal in pos-
upon a voluntary grant ? 870.

session absolute? 389.
15. How is the lord regarded in admittances 4. Into what two classes does the law distin-
upon surrender of a former tenant, or upon descent guish animals? 390.
from the ancestor ? 370, 371.

5. What property can a man have in such
16. In what, however, do admittances upon animals as are domitiæ, and what in such as are
surrender differ from admittances upon descent ? feræ naturæ ? 390.

6. Why, of all tame and domestic animals,
17. Are heirs of copyhold compellable to be does the brood belong to the mother (with what
admitted ? 372.

exception)? 390.

What is property in chattels personal, in pos- | CHAP. XXVII.-Of Title by Prerogative and For.
session qualified, limited, or special ? 391.

8. On what three accounts may a qualified pro-
perty subsist in animals feræ naturæ ? 391.

1. What personal chattels may accrue to whom
9. What are those animals feræ naturæ in which by prerogative ? 408.
& qualified property may be acquired per industriam 2. What if the titles of the king and the sub-
hominis, by a man's reclaiming and moking them ject concur? 409.
tame by art, industry, and education ? 392.

3. In what tbree classes of books hath the
10. How long are these animals the property of king a kind of prerogative copyright? 410.
a man? 392.

4. Is there not still another species of pre-
11. What animals 18 it felony to steal ? 393. rogative property, founded upon a very different

12. What crime is it to steal such animals the principle from any that have been mentioned !
stealing of which does not amount to felony? 410, 411.

5. What four reasons have concurred for
13. When, and how long, may a qualified pro- making the restrictions which the municipal
perty also subsist with relation to animals feræ | laws of many nations have exerted upon the
naturæ, ratione impotenta, on account of their natural right of every man to pursue and take
own inability ? 394.

to his own use all such creatures as are feræ
14. What is that qualified property which a nature ? 411, 412.
man may have in animals feræ nature, propter

6. What, however, is the origin of the game-
privilegium? 394, 395.

laws in England ? 413-416.
15. What other things besides animals feræ 7. What was done by the carta de foresta ?
naturæ may be the objects of qualified property ;

and how long does that property last? 395. 8. Who only, by common law, have a right to

16. These kinds of qualification in property take or kill any beasts of chase not also beasts of
arise from the subject's incapacity of absolute own- prey ? 416.
ership; but in what cases may property be of a

9. What are free-warren and free-fishery; and
qualified or special nature, on account of the pe- what does magna carta provide as to the latter ?
culiar circumstances of the owner, when the thing

itself is very capable of absolute ownership? 10. Who only, by common law, can justify hunt-

ing or sporting upon another man's soil, or, in
17. Hath a servant who hath the care of his thorough strictness, hunting or sporting at all? 417.
master's goods or chattels any properly in them?

11. But how have the exemptions from cer-

tain penal statutes for preserving the game virtually
18. What is called a thing, or chose in action ? extended what are called the qualifications to kill
396, 397.

it ? 417, 418.
19. Upon what depends, and what are the

12. For what twelve offences are all the goods
only regular means of acquiring, all property in and chattels of the offender forfeited to the crown ?
action: 397.

20. Upon all contracts, what does the law give 13. When do these forfeitures commence ? 421.
to the party injured in case of non-performance ?

CHAP. XXVIII.- Of Title by Custom.
21. May things personal be limited by deed or
will in remainder and in estate-tail? 398.

1. What are the three sorts of customary in-
22. May things personal be vested in joint- terests which obtain pretty generally throughjut
tenancy, in common, and in coparcenary? 399. most parts of the nation? 422.

3. But how is it held that partnership stock in 2. Into what two sorts are heriots usually di-
trade shall always be considered ? 399.

vided? 422.

3. What is heriot-service? 422.
CHAP. XXVI.-Of Title to Things Personal by 4. Upon what does heriot-custom arise; and

what is it defined to be ? 422.

5. To what species of tenures is heriot-custom
1. What are the twelve principal methods by now for the most part confined ? 423.
which the title to things personal may be acquired 6. Of what does the heriot now usually consist ;
and lost? 400.

and of what estate is it always? 424.
2. In what eight species of goods may a pro- 7. Why can no heriot be taken on the death
perty be acquired by occupancy? 401-406. of a feme-covert? 424.

3. But what are the restrictions as to the 8. Can a heriot be compounded for by the
right to seize the goods and person of an alien payment of money? 424.
enemy? 401, 402.

9. What are mortuaries ; and why are they ·
4. To what do the restrictions which are laid sometimes called corse-presents ? 425.
upon the right to the occupancy of animals feræ 10. To what certainty did the statute 21 Hen.
naturæ principally relate ? 403.

VIII. c. 6 reduce mortuaries? 427.
5. What constitutes an accession to property ? 11. What are heir-looms ; what may they be
404, 405.

by special custom ; and what are they by general ?
6. What is confusion of goods; and to whom 427, 428.
does such act of confusion give the entire pro- 12. What other personal chattels are there which
perty? 405.

descend to the heir in the nature of heir-looms ?
7. What hath the statute declared as to lite- 428, 429.
rary and other copyright? 407.

18. What if heir-looms are devised away from

the heir by will ? 42
Vol. II—,43


CHAP. XXIX.-Oj Title by Succession, Marriage,

13. What is a nudum pactum; and what degree
and Judgment.

of reciprocity will prevent it? 445, 446.

14. How far will courts of justice supports
1. To what is succession, in strictness of law, voluntary bond or promissory note; and why?
only applicable ? 430.

2. But what sole corporations have in this re- 15. What are the four most usual contracts
spect the same powers as corporations aggregate whereby the right of chattels personal may be ac-
bave? 431.

quired in England ? 446.
3. In case a lease for years be made to the

16. What is sale or exchange; how does the
Bishop of Oxford and his successors, who shall former differ from the latter; and how are both
have it; and why? 431, 432.

regarded by the law ? 446, 447
4. Yet what two exceptions are there to the 17. Where the vendor hath in himself the pro-
rule that no chattel can go to corporations merely perty of the goods, when only hath he not the
sole in right of succession ? 432.

liberty of disposing of them ? 447.
5. How are those chattels which formerly be- 18. What constitutes a sale? 447, 448.
longed to the wife vested in the husband by mar-

19. But in what cases may property be trans-
riage ; and how does personal property differ in ferred by sale though the vendor have none at all
this respect from real estate? 433.

in the goods ? 449.
6. How do a chattel real and a chattel personal 20. What is market-day and market-overt in the
or chose in action vest in the husband; and what country; and what in London: 449.
if he die before he have recovered or reduced 21. But what has the statute 1 Jac. I. c. 21
them into possession ? 434.

7. What shall become of the chattel real and provided as to the sale of goods to pawnbrokers ?
chattel personal if the wife die before the husband

22. And in what cases are sales not binding
have done so; and why? 435.

even in market-overt? 450.
8. How do chattels personal in possession vest 23. What directions do the statutes 2 P. and
in the husband? 435.

M. c. 7 and 31 Eliz. c. 12 enact concerning the
9. What are the wife's paraphernalia ? 435, 436. sale of horses? 450, 451.

10. Of what natures is property in chattel in- 24. What remedy has a purchasor if a vendor
terests vested by a judgment in consequence of sell goods and chaitels as his own and the title
some suit or action? 436, 437.

prove deficient? 451.
11. What three species of property are of the 25. When is the vendor bound to answer for
second of these natures? 437-439.

the goodness of his wares purchased ? 451.

26. What is bailment; and who is the bailor,
CHAP. XXX.-Of Title by Gift, Grant, and Con- and who the bailee ? 451, 452.

27. What does the law call agistment ? 452.

28. If a man deliver any thing to his friend
1. What is the distinction between a gift of to keep for him, when is the bailee answerable
personal property and a grant ? 440.

for any damage or loss it may sustain ? 452.
2. What may be included under the head of 29. Why, in all instances of bailment, may the
gifts or grants of chattels real; and what consi- bailee, as well as the bailor, maintain an action
derations, in the eye of the law, convert the gift, against such as injure the chattels bailed? 452,
if executed, into a grant, if not executed, into a 453.
contract? 440.

30. What is the difference between hiring and
3. What are grants or gifts of chattels personal ; borrowing ? 453.
and how may they be made ? 441.

31. What is interest ; and upon what are its
4. Why does the statute 3 Hen. VII. c. 4 de- doctrines grounded ? 454, 455.
clare all deeds of gifts of goods made in trust to 32. To what three practices does the circum-
the use of the donor void; and what does the stance of the hazard of lending money being
statute 13 Eliz. c. 5 declare as to every grant or greater than the compensation arising from the
gift of chattels, as well as lands, with intent to rate of interest allowed by law on the loan give .
defraud creditors ? 441.

rise ? 457.
5. By what is a true and proper gift or grant 33. What is bottomry; and in what does it
always accompanied; and in what cases only differ from respondentia ? 457, 458.
may it be retracted? 441.

34. What is enacted by the statute 19 Geo. II.
6. But what if the gift do not take effect by c. 37 as to all moneys lent on bottomry or respon-
delivery of immediate possession ? 441, 442. dentia on vessels bound to and from the West

7. What interest does a contract convey as dis-Indies ? 458.
tinguished from a gift or grant; and how is it 35. What is a policy of insurance : 458, 459.
defined ? 442.

36. What is enacted by the statute 14 Geo.
8. Can a chose in action be assigned? 442. III. c. 48 as to insurances on lives? 459, 460.
9. What are express contracts, and what implied? 27. Policies of insurance being contracts, the

very essence of which consists in observing the
10. What are executed and what executory con- purest good faith and integrity, how is frauor
tracts; and how do they differ in the choses they undue concealment in them provided against ?
convey? 443.

11. What is a good and what a valuable con- 38. What is enacted by the statute 19 Geo. II.
sideration; and how may each of these be set c. 37 as to what are denominated wagering poli-
Iside? 444.

cies? 460, 461.
12. In what four species are valuable consider- 39. From what does the practice of purchasing
ations divided by the civilians ? 444, 445. annuities for lives at a certain price or premium,

instead of advancing the same sum on an ordi- 7. What powers have the comniissioners of
nary loan, arise ? 461.

bankruptcy ? 481.
40. What has the statute 37 Geo. III. c. 26 8. What if the bankrupt conceal or embezzle
directed in order to throw some check upon im- any effects to the amount of 201., or withhola
provident transactions of this kind ? 461, 462. any books or writings with intent to defraud his

41. What is now the extremity of legal interest creditors ? 482.
that can be taken? 463.

9. What if it appear that his inability to pay
42. If a contract which carries interest be his debts arose from some gross misconduct and
made in a foreign country, of what interest will negligence ? 482.
our courts direct the payment ! 463, 464.

10. After the time allowed to the bankrupt for
43. What does the statute 14 Geo. III. c. 79 such discovery is expired, to what shall any
enact as to the legality of interest on all mort- other person, voluntarily discovering any part
gages and other securities upon estates or other of the bankrupt's estate, be entitled ; and what
property in Ireland or the plantations ? 464. shall any trustee, wilfully concealing it, forfeit ?

44. What is debt; and in what cases may it be 482.
the counterpart of and arise from any of the 11. Of what ratable amount is the bankrupt's
other species of contracts ? 464.

allowance? 483.
45. Into what three classes is debt usually di- 12. When shall not the bankrupt's allowance or
vided ? 465.

indemnity be given him? 484.
46. What is a debt of record? 465.

13. What is an act of insolvency ? 484.
47. What is a debt by specialty or special con- 14. But as to what only are persons who have
tract? 465.

been once cleared by a bankruptcy or by an in-
48. What are debts by simple contract? 465. solvent act indemnified in case they become bank-

49. What is enacted by the statute 29 Car. II. rupts again ? 484, 485.
c. 3 as to one person's being responsible for the 15. By virtue of the statutes of bankruptcy,
debt of another ? 466.

in whom are all the personal estate and effects of
50. What is that species of simple-contract debt the bankrupt considered as vested by the act of
now introduced into all sorts of civil life under bankruptcy? 485.
the name of paper credit ? 466.

16. What is the meaning of the saying " Once
51. What is a bill of exchange, or draft; and a bankrupt and always a bankrupt? 485, 486.
who is the drawer of it, who the drawee, and 17. Who alone is not within the statute of
who the payee ? 466, 467.

bankrupts ? 486.
52. Of what two sorts are bills of exchange ; 18. But what is provided by the statute 19
and what difference is there in law between Geo. II. c. 32 as to money paid by a bankrupt to
them? 467.

a creditor, and by statute 1 Jac. I. c. 15 as to
53. What are promissory notes, or notes of hand, money paid by a debtor to a bankrupt? 486.
and for what sum at least must they be drawn? 19. What acts can and cannot the assignees of
467, 468.

a bankrupt do without the consent of the credit-
54. Why is it usual in bills of exchange to ex-ors ? 486.
press that the value thereof hath been received 20. What is the duty of the assignees towards
by the drawer 468.

the creditors ; and within what time shall the
55. By what means may a bill of exchange or first dividend be made ? 487.
promissvry note be assigned ? 468, 469.

21. What debts of a bankrupt have a priority
56. When may a bill of exchange be protested for to be paid; and what shall not be postponed or
non-acceptance; and when, both a bill and a pro- set aside ? 487, 488.
missory note, for non-payment? 469.

22. Within what time shall a second and final
57. In case of such protests, what compensa- dividend be made; and if any surplus remain
tion is the drawer bound to make to the payee or after paying every creditor his full debt to whom
endorsee ; but what happens in the absence of shall it be given ? 488.
such protests or their notification to the drawer ? 469.

58. When a bill or a note is refused, how soon CHAP. XXXII.-Of Title by Testament and Ad-
must it be demanded of the drawer ? 470.

59. Upon whom may an endorsee call to dis-
charge a bill or a note ? 470.

1. What is a testament, and what an admi-

nistration? 490.
CHAP. XXXI.-Of Title by Bankruptcy.

2. What were the reasonable parts in a man's

chattels of the wife and children ? 492.
1. Who may become a bankrupt; and who 3. What part of his chattels may a man now
may not? 471, 473-477.

devise? 492, 493.
2 What privileges do the laws of bankruptcy 4. When is a man said to die intestate ? 494.
confer on the creditors; and what on the debtor ? 5. To whom did the goods of intestates anciently

belong; and to whom were they granted ? 494.
3. By what eleven acts may a man become a 6. What is the origin of the right of the
bankrupt? 478, 479.

church to the probate of wills and to the admi-
4. What are the ten proceedings on a commis- nistration of intestate's property ? 494-496, 509, 510.
sion of bankrupt? 480-484.

7. Who is the intestate's administrator 2 496.
5. What if the bankrupt make default in either 8. Upon what three accounts are persons pro
surrender of himself or conformity to the di- hibited, by law or custom, from making a will?
rections of the statutes of bankruptcy ? 481. 497.

6. What powers has any judge or justice of the 9. Who are to be reckoned in the first species !
peuce over a bankrupi? 481.


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