VI. By waste.-Waste is voluntary or permissive.-What will be
considered waste.-Who may be punished for waste.—The remedies
against waste.-VII. By breach of the customs of the manor.—VIII.
By bankruptcy.-Provisions in the Bankrupt Act.-Bankrupt te-
nants in tail.-Provisions of 3 & 4 W. 4, c. 74.

CHAPTER THE SEVENTH.

OF TITLE BY ALIENATION. Pr. 196-201.

TITLE by alienation, what is comprised under it.—Who may aliene.—
Attainted persons.-Corporations.-Idiots, infants, and persons
under duress.-Feme Covert.-Her powers of alienation under 3
& 4 W. 4, c. 74.-Property settled to the separate use of a married
woman.-Alien.-II. How a man may aliene.-Common assurances,
what they are.-Are of four kinds.

CHAPTER THE EIGHTH.

OF ALIENATION BY DEED. PP. 202.-235.

DIVISION of the Chapter :-Sec. I. The general nature of deeds.—
What a deed is.-Operates by way of estoppel.-Indenture, what it
is.-Difference between original and counterparts, and between in-
dentures and deeds poll.-The requisites of deeds.-1. Persons able
to contract and be contracted with.-2. A good and sufficient con-
sideration.—The consideration is either good or valuable.—3. The
deed must be written or printed.—Stat. of Frauds, 29 Car. 2, c. 3.
-4. Must be legally and orderly set forth.—The formal parts are
-1. The premises.-2, 3. The habendum and tenendum.-4. Red-
dendum.-5. Conditions.-6. Warranty.-7. Covenants.-8. The
Conclusion.-5th. Reading.-6th. Sealing and signing.-7th. De-
livery.-Escrows, what they are. -8th. Attestation.-How a deed
may be avoided -Sec. II. The several species of deeds.-Deeds di-
vided into those which operate at common law, and by virtue of
the statute of uses.-1. Those at common law are either original
or derivative.-Original are-1. Feoffment.-Livery of seisin,

must have been seised of the freehold; but this rule is now alt

in certain cases by stat. 14 G. 2, c. 20.-3 & 4 W. 4, C. 74.-D

to lead or declare the uses of fines and recoveries.-Amendmen

fines and recoveries.-Fines and recoveries abolished by 3 & 4

4, c. 74.-Benefits of fines and of recoveries preserved by the re

act.-Protector of the settlement,-Who shall be such.-Powe
appoint protector.-Consent of protector, where necessary, on a
nation by tenant in tail.-The assurance substituted in lieu of f
and recoveries.-Consent of protector, how it may be given.

CHAPTER THE TENTH.

OF ALIENATION BY SPECIAL CUSTOM. PP. 257-264.

ASSURANCES by special custom; to what lands they are confined

Surrender.-Surrender is essential to the conveyance of a copyh

estate.-Alienation of copyholds by tenant in tail, under the sta

3 & 4 W. 4, c. 74.-Fines and recoveries of lands in ancient

mesne.-1. Surrender.-Remedies of cestui que use.-2. Pres

ment.-3. Admittance.-Upon a voluntary grant.—Upon

render of another.-Upon descents.-In what admittances on

render differ from admittances on descents.-Fines on copyho

rules as to.

CHAPTER THE ELEVENTH.

OF ALIENATION BY DEVISE.-PP. 265-273.

DIFFERENCE between wills and testaments.-Projected alteration

the law relating to devises.—What devises could be made by

common law.-Devises were first made of uses.-Statute of W

32 Hen. 8, c. 1.-What devises to corporations are valid.—Fra

under the Statute of Wills.-Statute of Frauds, 29 Car. 2, c. 3

Construction of the statute.-Remedies against devisees.-Ho

devise is considered, and what it will pass.-General rules of c

struction of assurances.-1. According to the intention of

parties.-2. Construction of words.-3. Must be made of

entire deed.-4. Must be taken most strongly against the grantor

5.-Must be construed according to law.-6. When two clau

are repugnant.-7. Devises are to follow the intention of

testator.

APPENDIX.

No. I.-A modern feoffment to uses to bar dower.

No. II.-A modern conveyance by lease and release.

No. III. A mortgage in fee.

No. IV. An obligation or bond, with condition for payment of mon

No. V.-Deed for barring an entail, under the stat. 3 & 4 W. 4, c.

OF REAL PROPERTY.

CHAPTER THE FIRST.

OF REAL PROPERTY; AND FIRST, OF CORPOREA
HEREDITAMENTS.

THE objects of dominion or property are things, as con tradistinguished from persons: and things are by the la of England distributed into two kinds; things real, an things personal. Things real are such as are permanent fixed, and immoveable, which cannot be carried out of thei place; as lands and tenements: things personal are goods money, and all other moveables; which may attend th owner's person wherever he thinks proper to go.

In treating of things real, the subject of the presen work, let us consider, first, their several sorts or kinds secondly, the tenures by which they may be holden; thirdly the estates which may be had in them; and, fourthly, the title to them, and the manner of acquiring and losing it.

First, with regard to their several sorts or kinds, things real are usually said to consist in lands, tenements, or hereditaments. Land comprehends all things of a permanent, substantial nature; being a word of a very extensive signification, as will presently appear more at large. Tene ment is a word of still greater extent, and though in its vulgar acceptation is only applied to houses and other buildings, yet in its original, proper, and legal sense, i signifies every thing that may be holden, provided it be o

B

2

ments.

a permanent nature; whether it be of a substanti sensible, or of an unsubstantial ideal kind. Thus li tenementum, franktenement, or freehold, is applical only to lands and other solid objects, but also to rents, commons, and the like; and, as lands and are tenements, so is an advowson a tenement; and chise, an office, a right of common, a peerage, or property of the like unsubstantial kind, are, all of and heredita- legally speaking, tenements. But an hereditamen Sir Edward Coke, is by much the largest and comprehensive expression: for it includes not only and tenements, but whatsoever may be inherited. corporeal, or incorporeal, real, personal, or mixed. an heirloom, or implement of furniture which by descends to the heir together with an house, is land, nor tenement, but a mere moveable: yet, be heritable, is comprised under the general word he ment and so a condition, the benefit of whic descend to a man from his ancestor, is also an he ment.d

Heredita

ments are of two kinds, corporeal and incorporeal.

Corporea! hereditaments; of what they consist.

Hereditaments then, to use the largest expressi of two kinds, corporeal and incorporeal. Corpore sist of such as affect the senses; such as may be s handled by the body: incorporeal are not the ol sensation, can neither be seen nor handled, are cr of the mind, and exist only in contemplation.

Corporeal hereditaments consist wholly of sub and permanent objects; all which may be compre under the general denomination of land only. Fo says Sir Edward Coke,e comprehendeth in its lega fication any ground, soil, or earth whatsoever; as meadows, pastures, woods, moors, waters, marshes, and heath. It legally includeth also all castles, hous [18] other buildings: for they consist, saith he, of two land, which is the foundation, and structure the and what will so that, if I convey the land or ground, the stru building passeth therewith. It is observable that here mentioned as a species of land, which may

Land; its

signification,

pass under it.