56. What is an exchange? 323. 57. Is either livery of seisin or entry necessary 58. What is a partition? 324. 59. Can a partition be made by parol only, in 60. What is a release? 324. 61. For what five purposes may releases enure? 62. What is a confirmation? 325, 326. 3. What are the intentions of private acts of 4. With what cautions and preliminaries are 5. In what are the king's grants contained? 6. What is the difference between the king's 7. In what three points does the construction 64. What is a surrender? 326. ject? 847, 848. 8. What is a fine of lands and tenements? 65. Why is not a livery of seisin necessary to 348. a surrender ? 326. 66. What is an assignment; and wherein does it differ from a lease? 326, 327. 9. What is the origin of fines? 349. 10. Why is a fine so called? 349. 11. What is the action of covenant upon which 67. What is a defeazance; and may it be made the fine is founded? 350. 68. What are uses and trusts in our law? 328. 12. What is the primer fine? 350. 13. What is the licentia concordani? 350. 69. Who were the terre-tenant, and who the | 350. 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. 71. In what do the contingent or springing uses 72. Why, in both cases, may a fee be limited 73. What is a secondary or shifting use? 335. 76. What is the origin of trusts ? 335, 336. 78. To what twelfth species of conveyance has 79. What thirteenth species of conveyance has 80. What was enacted by the 27 Hen. VIII. c. 81. What gave rise to the fourteenth species of 83. What are the three species of deeds used 16. How must the acknowledgment be made; 17. What is the note of the fine? 351. 19. What proclamations of a fine hath the sta- 20. Of what four kinds are fines thus levied? 21. What is a fine sur cognizance de droit, come 22. What is a fine sur cognizance de droit tantum; 23. What is a fine sur concessit? 353. 25. What are the force and effect of fines? 26. What are the three classes of persons 27. Who are the parties to a fine, and how are 28. Who are privies, and how are they bound? 84. What is an obligation or bond, whether | 355. 85. When is the condition of a bond void; and 86. On the forfeiture of a bond, what sum is 87. What is a recognizance; and wherein does 88. What is a defeazance on a bond or recogni- 89. What general registers for deeds, wills, and CHAP. XXI.—Of Alienation by Matter of Record. 1. WHAT are assurances by matter of record? 2. 0 what four kinds are they? 344. 29. Who are strangers, and in what cases are 30. But what is necessary in order to make 31. Upon what neglect of the remainderman 32. What is the nature of a common recovery, 33. What is the writ of præcipe quod reddat; 34. Who is the demandant, and who the de- 35. What is the voucher, vocatio, or calling to 358. 37. What is called the recompense or recovery 43. What are the force and effect of a common 44. By statute, when will not a recovery bar 45. What, in all recoveries, is necessary on the 47. By what two sorts of deed may the uses 48. When are these deeds called deeds to lead CHAP. XXII.-Of Alienation by Special Custom. 1. To what are assurances by special custom 2. How are copyhold lands generally trans- 3. What is surrender sursam redditio; and what 4. What operation upon a copyhold estate has 5. If I would exchange a copyhold estate with 6. What effect will a fine or recovery had of 368. 7. What are the three several parts of the 8. What part of it does the surrender itself 9. What if the lord refuse to admit the surren- 10. Can the surrenderor retract his surrender? 11. What is the presentment of the surrender; 13. Of what three sorts is admittance? 370. 15. How is the lord regarded in admittances 16. In what, however, do admittances upon 17. Are heirs of copyhold compellable to be CHAP. XXIII.-Of Alienation by Devise. 1. WHAT is devise? 373. 2. Upon what did the restraint of devising 3. What estate only could then be devised, with 4. In what shape did the popish clergy, who 5. Upon what did lands in this shape become 6. What did the statute of wills, 32 Hen. VIII. 7. How is a devise to a corporation for a cha- 8. What does the statute of frauds and perjuries, 10. How may a will be revoked? 376. 11. What did the statute 25 Geo. II. c. 6 de- 12. What hath the statute 3 & 4 W. and M. c. 13. How is a will of lands considered by the 14. What distinction between devises of lands 15. What seven general rules and maxims CHAP. XXIV.-Of Things Personal. 1. WHAT are included under the name of 2. Do not things personal consist of things 3. Under what general name, then, is the 4. Into what two kinds, therefore, are chattels 5. What are chattels real? 386. 6. Which quality of real estates have they 7. What are chattels personal? 387, 388. CHAP. XXV.-Of Property in Things Personal. 1. Or what two natures is property in chattels 2. Into what two sorts is property in chattels 4. Into what two classes does the law distin- 5. What property can a man have in such 6. Why, of all tame and domestic animals, What is property in chattels personal, in pos- | CHAP. XXVII.-Of Title by Prerogative and For- 8. On what three accounts may a qualified pro- 9. What are those animals feræ naturæ in which a man? 392. 13. When, and how long, may a qualified pro- 14. What is that qualified property which a 15. What other things besides animals feræ 16. These kinds of qualification in property 17. Hath a servant who hath the care of his 18. What is called a thing, or chose in action? 19. Upon what depends, and what are the action? 397. 20. Upon all contracts, what does the law give 21. May things personal be limited by deed or feiture. 1. WHAT personal chattels may accrue to whom 2. What if the titles of the king and the sub- 3. In what three classes of books hath the king a kind of prerogative copyright? 410. 4. Is there not still another species of pre- 5. What four reasons have concurred for 6. What, however, is the origin of the game- 7. What was done by the carta de foresta? 8. Who only, by common law, have a right to 9. What are free-warren and free-fishery; and 10. Who only, by common law, can justify hunt- 11. But how have the exemptions from cer- 12. For what twelve offences are all the goods 421. 13. When do these forfeitures commence? 421. CHAP. XXVIII.-Of Title by Custom. 1. WHAT are the three sorts of customary in- 22. May things personal be vested in joint-terests which obtain pretty generally throughout 23. But how is it held that partnership stock in CHAP. XXVI.-Of Title to Things Personal by 1. WHAT are the twelve principal methods by 2. In what eight species of goods may a pro- 3. But what are the restrictions as to the 4. To what do the restrictions which are laid 5. What constitutes an accession to property? 6. What is confusion of goods; and to whom most parts of the nation? 422. 2. Into what two sorts are heriots usually di 3. What is heriot-service? 422. 4. Upon what does heriot-custom arise; and 5. To what species of tenures is heriot-custom 6. Of what does the heriot now usually consist; 7. Why can no heriot be taken on the death 8. Can a heriot be compounded for by the 9. What are mortuaries; and why are they' 10. To what certainty did the statute 21 Hen. 11. What are heir-looms; what may they be 12. What other personal chattels are there which 7. What hath the statute declared as to lite- 428, 429. VOL. II-.43 18. What if heir-looms are devised away from 673 1. To what is succession, in strictness of law, 2. But what sole corporations have in this re- 3. In case a lease for years be made to the 4. Yet what two exceptions are there to the 5. How are those chattels which formerly be- 6. How do a chattel real and a chattel personal 7. What shall become of the chattel real and 8. How do chattels personal in possession vest 9. What are the wife's paraphernalia? 435, 436. 11. What three species of property are of the 15. What are the four most usual contracts 16. What is sale or exchange; how does the 17. Where the vendor hath in himself the pro- 18. What constitutes a sale? 447, 448. 19. But in what cases may property be trans- 20. What is market-day and market-overt in the 21. But what has the statute 1 Jac. I. c. 21 22. And in what cases are sales not binding 23. What directions do the statutes 2 P. and 24. What remedy has a purchasor if a vendor 25. When is the vendor bound to answer for CHAP. XXX.—Of Title by Gift, Grant, and Con- and who the bailee? 451, 452. tract. 27. What does the law call agistment? 452. 1. WHAT is the distinction between a gift of to keep for him, when is the bailee answerable 2. What may be included under the head of 3. What are grants or gifts of chattels personal; 4. Why does the statute 3 Hen. VII. c. 4 de- 5. By what is a true and proper gift or grant 6. But what if the gift do not take effect by 8. Can a chose in action be assigned? 442. 10. What are executed and what executory con- 11. What is a good and what a valuable con- 12. In what four species are valuable consider- for any damage or loss it may sustain? 452. 29. Why, in all instances of bailment, may the 30. What is the difference between hiring and 31. What is interest; and upon what are its 32. To what three practices does the circum- 33. What is bottomry; and in what does it 34. What is enacted by the statute 19 Geo. II. 35. What is a policy of insurance? 458, 459. 27. Policies of insurance being contracts, the 38. What is enacted by the statute 19 Geo. II. 39. From what does the practice of purchasing instead of advancing the same sum on an ordi- 40. What has the statute 37 Geo. III. c. 26 42. If a contract which carries interest be 43. What does the statute 14 Geo. III. c. 79 44. What is debt; and in what cases may it be 45. Into what three classes is debt usually di- 46. What is a debt of record? 465. 47. What is a debt by specialty or special con- 48. What are debts by simple contract? 465. 50. What is that species of simple-contract debt 51. What is a bill of exchange, or draft; and 52. Of what two sorts are bills of exchange; 53. What are promissory notes, or notes of hand, 54. Why is it usual in bills of exchange to ex- 55. By what means may a bill of exchange or 56. When may a bill of exchange be protested for 7. What powers have the commissioners of 8. What if the bankrupt conceal or embezzle 9. What if it appear that his inability to pay 10. After the time allowed to the bankrupt for 11. Of what ratable amount is the bankrupt's 12. When shall not the bankrupt's allowance or 13. What is an act of insolvency? 484. 14. But as to what only are persons who have 15. By virtue of the statutes of bankruptcy, 16. What is the meaning of the saying "Once 18. But what is provided by the statute 19 19. What acts can and cannot the assignees of 20. What is the duty of the assignees towards 21. What debts of a bankrupt have a priority 22. Within what time shall a second and final must it be demanded of the drawer? 470. CHAP. XXXI.-Of Title by Bankruptcy. 1. WHO may become a bankrupt; and who 2 What privileges do the laws of bankruptcy 3. By what eleven acts may a man become a CHAP. XXXII.-Of Title by Testament and Ad- ministration. 1. WHAT is a testament, and what an admi- 2. What were the reasonable parts in a man's 3. What part of his chattels may a man now 4. When is a man said to die intestate? 494. 4. What are the ten proceedings on a commis-nistration of intestate's property? 494-496, 509, 510. 5. What if the bankrupt make default in either 6. What powers has any judge or justice of the 7. Who is the intestate's administrator? 496. 9. Who are to be reckoned in the first species? |