Under these circumstances it seemed worthy of c deration whether the work might not be adapted to sent use, by preserving such parts of the text as re law, and incorporating the alterations which have made since it was written; thus endeavouring to re it what it was originally, a brief, but authentic state of this branch of the law. In pursuance of this idwhich the writer may take the liberty of statinga has been a favourite project with him-this volume has undertaken. If any precedent were necessary for separating a po of a legal work from the rest, and making it a dis work, he may be permitted to refer to one of the most lar text books in the profession-Coke upon Littl which, it need hardly be stated, forms the first bo Lord Coke's Institutes, and has long been in general u a separate form, with annotations by various editors, the remaining books are almost entirely neglected. portion selected in the present work being all that re to the law of Real Property," is complete in itself, as it appears to the writer, may be separated with vantage. Having said thus much on the general design, writer has now to request attention to the particula terations he has made in the text of Blackstone. These it was at one time intended to have shew brackets or other distinctive marks, and this w have been greatly preferred; but after much consider this plan was abandoned, as almost every page altered, it appeared likely to perplex the reader, espec the student; and as it would not have shewn what por a He has been reminded by several of his professional friends t adverted to this intention several years ago. He thinks it right to m this, as, after he had made considerable progress in his labours, he that other works on a similar plan-with which, however, this volum not pretend to class itself- were projected. b From page 16 to page 382. parating a portion king it a distinct of the most popue upon Littleton, the first book of in general use in ous editors, while neglected. The g all that relates e in itself, and, arated with ad ral design, the e particular alstone. have shewn by ad this would h consideration ry page being ader, especially what portions al friends that he t right to mention labours, he found this volume does been thought advisable to omit much of the historic tail, and reference to the laws of other countries, Blackstone has most properly given in his Comment and these omissions have been the more readily made a desire to burthen the reader with no more matter al in his possession than was necessary. In other res it has been endeavoured to make as few alterations text as possible; and those that have been made, altl they have been supported by authorities, are pro with great diffidence. The only transposition which the writer found hi called on to make, was, to bring the subject of Use Trusts into a separate and early chapter, instead of le it to be introduced incidentally in the chapter on ation by Deed. He considers himself justified in this, inasmuch as the doctrine of Uses and Trusts per the whole law of Real Property, and few parts can be rightly understood without some knowledge o doctrine. It would have been easy to have enlarged many pa the work; and the writer was much tempted to do especially in the chapter on Uses and Trusts. I thought however better, on the whole, to leave the where it continues unaltered, as it was, and to ref reader to other books for information, It has also been thought that it would be likely cilitate the mastery of the subject, to divide it into years, and may be said to be nearly completed. The introduction of the Statute of Uses in the reign of Henry VII,-the great alterations in the Law of Tenures, which were made in the reign of Charles II,-and lastly, the acts founded on the Reports of the Real Property Commissioners, passed in the reign of the present King, more especially the acts relating to Inheritance and Escheat,— have left scarcely a vestige of the law of Feuds remaining. It was thought right therefore to allude to it only incidentally; and in this course, the writer has considered himself justified by the authority of the most eminent contemporary legal authors. The writer cannot offer this work to the public without great diffidence. He can only console himself against any charge of presumption which may be made against him, with the thought that he has sincerely endeavoured to smooth the way of the student, to whom he now begs to address the encouraging words quoted from Lord Coke by Blackstone, at the close of his inquiries on the law of Real Property: "Albeit the student shall not at any one day, do what he can, reach to the full meaning of all that is here laid down, yet let him no way discourage himself, but proceed; for on some other day, in some other place," (or perhaps, adds Blackstone, upon a second perusal of the same,) "his doubts will be probably removed."" 4, Lincoln's Inn, Old Square, March 30, 1837. c Præme to 1st Instit, OF PR IN DUCTION. sion the present writer is re- little reference to the feudal of the most eminent con- work to the public without Instit. TABLE OF CONTENTS. BOOK THE FIRST. OF REAL PROPERTY. CHAPTER THE FIRST. OF REAL PROPERTY, AND FIRST OF CORPOREAL HEREDITAME) PROPERTY divided into things real and things personal.-Things tive presentation :-Late Act of Limitations as to advowsons (3 W. 4, c. 27).—II. Tithes are prædial, mixed, or personal.— what tithes are paid.-1. In whom the right at present subsists.- a good modus.-Prescription de non decimando.-Late act as claims of modus and exemption from tithes (2 & 3 W. 4, c. 1 -By commutation of tithes.-III. Common.-Of four sorts. Common of pasture.-Late act as to claims to common (2 & 3 V c. 71).-Enclosure of common.-2 & 3. Common of piscary. Common of turbary.-IV. Ways.-Late act as to claims of righ way (2 & 3 W. 4, c. 71).-V. Offices.-VI. Dignities.-VII. F chises.-Forest.-Chase.-Park.-Free warren.-Free fishery Limitation of claim as to franchises, under 2 & 3 W. 4, c. 71.—V Corodies.-IX. Annuities.-X. Rents, requisites of.-Of th rents.-Differences now abolished. LAY TENURES are of two species.-Frank tenement and villenage IMPORTANCE of the doctrine of uses and trusts.-Uses and trust |