TABLE OF CONTENTS.

CHAPTER THE FIRST.

OF PROPERTY IN GENERAL. PP. 1-14.

RIGHTS of things, or rights of dominion, founded in the will of the

Creator-Community of goods-Land remained longest in common

-Mutual convenience of society introduced the transfer of property

-The rights of disposition by will-Light, air, &c. still remain in

common.

CHAPTER THE SECOND.

OF REAL PROPERTY, AND FIRST, OF CORPOREAL HEREDITA-

MENTS. PP. 15-17.

PROPERTY divided into things real and things personal-Things real
-Division of the subject-Things real consist of land, tenements,
and hereditaments-Hereditaments are of two kinds, corporeal and
incorporeal - Corporeal hereditaments - Of what they consist-
Land, its signification, and what will pass under it.

CHAPTER THE THIRD.

OF INCORPOREAL HEREDITAMENTS.

PP. 18-45.

INCORPOREAL hereditaments, what they are--Of ten sorts-I. Ad-

vowsons-Definition of Nature of an incorporeal hereditament—

Are appendant, or in gross-Presentative, collative, or donative-

Where the patron waives his privilege-Difference between presen-

tative and donative presentations-Prerogative presentation, what

it is Recent Act of Limitations as to advowsons, 3 & 4 W. 4, c. 27

-II. Tithes are prædial, mixed, or personal-For what tithes are

paid-1. The origin of tithes-2. The persons to whom tithes are

due-In whom the right at present subsists-3. Who may be dis-

charged from paying tithes-1. By real composition-2. By custom

or prescription-Modus decimandi-What is a good modus-Pre-

scription de non decimando-Recent act as to claims of modus and

exemption from tithes, 2 & 3 W. 4, c. 100-3. By commutation of

tithes.-III. Common of four sorts-1. Common of pasture-Ap-

pendant-Appurtenant-Recent act as to claims to common, 2 & 3

W. 4, c. 71-Common because of vicinage-Common in gross-

Common without stint-Enclosure of common-2 & 3. Common of

piscary and turbary-4. Common of estovers-IV. Ways-Recent

act as to claims of right of way, 2 & 3 W. 4, c. 71-Rights to water

and watercourses-V. Offices-VI. Dignities—VII. Franchises—

Forest-Chase-Park-Free warren-Free fishery-Limitation of

claim as to franchises under 2 & 3 W. 4. c. 71-VIII. Corodies-

IX. Annuities-X. Rents, requisites of-Of three kinds: rent ser-

vice, rent charge, rent seek-Other species of rents-Differences

now abolished.

CHAPTER THE FOURTH.

OF THE FEUDAL SYSTEM. PP. 46-60.

ITs origin-Its effects-Its progress-The period of its reception in
this country-Its gradual progress-Grievances introduced by it—
The nature of feuds its fundamental maxim-Services due to the
lord-Feuds were first held at the will of the lord-In process of
time they became descendible to the sons of the feudatory—Obliga-
tions of lords and vassals—Change in the nature of feuds.

CHAPTER THE FIFTH.

OF THE ANCIENT ENGLISH TENURES. PP. 61-79.

LANDS supposed to be holden of some superior lord-Tenants in
capite The principal species of tenures were free or base, certain
or uncertain-I. Tenure by knight service-Its consequences-
1. Aids-2. Reliefs-3. Primer seisin-4. Wardship-5. Marriages
-6. Fines-7. Escheats-Grand Serjeanty.-Escuage-Grievances
of the ancient tenures, and their removal by 12 Car. 2, c. 24.

1. Knight-service-2. Socage-Definition of socage-Of two sorts:

free socage and villein socage-Distinguishing marks of-Petit

Serjeanty--Definition of-Tenure in burgage-Borough English—

Gavelkind-Origin of socage tenure-Incidents of socage tenure-

Villenage Of two sorts: 1. Pure villenage or copyholds—Manors;

what they are-Demesne lands-Tenemental land are- -Book land

-Folk land-Honours-Statute of qui emptores, 18 Edw. 1, c. 1--

When manors must originate-Origin of copyholds-Villeins—1.

Tenure in frankalmoign-2. Tenure by divine service.

CHAPTER THE SEVENTH.

OF USES AND TRUSTS. PP. 108-120.

IMPORTANCE of the doctrine of uses of trusts-Uses and trusts;
what they are-Progress of the doctrine of uses-Rules relating to
uses before the statute-Statute of uses, 27 Hen. 8, c. 10-Which
executes the use-Since the statute the courts of law take cogni-
zance of uses-Rules relating to uses since the statute-Contingent
or springing uses-Secondary or shifting uses-Resulting use-Uses
arising under powers-The jurisdiction of the courts of equity-Doc-
trine of trusts-Rules as to trusts-Use of the statute.

CHAPTER THE EIGHTH.

OF FREEHOLD ESTATES OF INHERITANCE.

PP. 121-138.

ESTATE, what it is-To be considered in a threefold light-First, as
to the quantity of interest-Estates divided into freehold and less
than freehold-Estates of freehold are either estates of inheritance
or estates not of inheritance-Estates of inheritance are either in-
heritances in fee simple or limited fees-I. Tenant in fee simple-
Difference between feudal and allodial property-Fee simple-
Where it resides-But is sometimes said to be in abeyance-Doc-
trine of abeyance exploded-What words necessary to the grant of a
fee-Exceptions to the rule-II. Limited fees, which are,-1. Base
fees--2. Conditional fees-Statute de donis-Origin of fee tail-What
may be entailed-Different species of estates tail-Tail male and
female-What words necessary to create an estate tail-Frankmar-
riage-Incidents to estates tail-Their history-Recoveries-Fines-
Fines and recoveries abolished-Powers of tenant in tail.

CHAPTER THE NINTH.

OF FREEHOLDS NOT OF INHERITANCE. PP. 139-161.

ESTATES for life are conventional or legal-1. Estates for life created

by grant-What words will create an estate for life-Estates for life

granted on a contingency-Incidents to an estate for life-1. He

may take estovers or botes-2. Entitled to the emblements, when

Doctrine of emblements-3. The lessees of tenants for life have the

same privileges as the tenants themselves-4 W. 4, c. 22-II. Tenant

in tail, after possibility of issue extinct-How this estate is created-

Incidents of this estate-III. Tenant by the curtesy-Requisites to

this estate-IV. Tenant in dower-1. Who may be endowed-2. Of

what a wife may be endowed-Alterations made by the 3 & 4 W. 4,

c. 105-3. The manner in which a woman is endowed-Mode of

assigning-Dower at the common law-Her quarantine, what it is

-4. How dower may be barred-1. Of jointures-Definition of

jointures-2. By virtue of 3 & 4 W. 4; c. 105-3. By uses to bar

dower.

CHAPTER THE TENTH.

OF ESTATES LESS THAN FREEHOLD. PP. 162-171.

ESTATES less than freehold-Of three sorts-I. Estates for years-

Legal computation of time-History of estates for years-How terms

of years may be limited-Terms for years inferior to estates of free-

hold-No estate of freehold can at common law commence in futuro

-Distinction between terms for years and freeholds, in this and other

respects-Incidents to tenancy for years-Emblements-II. Estates

at will—What act terminates a tenancy at will-Tenant from year to

year-III. Estates at sufferance-Remedies of landlords for the re-

covery of possession.

CHAPTER THE ELEVENTH.

OF ESTATES BY CUSTOM. PP. 172-181.

ESTATES for which copyholds may be held-Copyholds technically
estates at will-But worthy of a particular mention—Gradual in-
crease of the copyholder's estate-The interest of the copyholder at
the present day--Entirely dependent on custom-How customs are
proved-Copyholders' rights much controlled-Fines, quit rents,
and heriots-Fines are either certain or uncertain-Criterion of a
customary estate-When copyholds may be re-granted—Advan-
tages of copyhold estates-Disadvantages-Desire on the part of the
legislature to facilitate enfranchisement, 4 & 5 Vict. c. 35, amended
by 6 & 7 Vict. c. 23—Commutation-Voluntary commutation-En-
franchisement Effect of an enfranchisement.

CHAPTER THE TWELFTH.

OF ESTATES UPON CONDITION. PP. 182-195.

ESTATES upon condition-Of two sorts-I. Estates upon condition

implied-The doctrine of forfeiture of estates-Attainder on felony

now only extends to the offender himself—II. Estate on condition

expressed, which may be either precedent or subsequent-Distinc

tion between condition in deed and a limitation-Conditional limi-

tation-Description of-Grantee on condition may have an estate

of freehold-What conditions are void-III. Estates in pledge are

vivum vadium and mortgage-Description of a mortgage-Rights

of mortgagee-Mortgagor must now redeem in twenty years-

Equity of redemption, what it is-How mortgages are made-1.

Mortgages, what clauses are introduced-2. Statute merchant and

statute staple-IV. Estate by elegit-What it is-Nature of these

three last estates.

CHAPTER THE THIRTEENTH.

OF ESTATES IN POSSESSION, REMAINDER, AND REVERSION.

PP. 196-213.

ESTATES are in possession, remainder, or in reversion-I. Estates in
possession-II. Estates in remainder, description of Shifting uses
-Rules on the creation of remainders-1. There must be a parti-
cular estate.—Estates of freehold could not be created in futuro at
common law-Under the statute of uses an estate may be limited
in futuro - Proposed alteration of commissioners-What estate
will support a remainder-If the particular estate be void, the
remainder will be defeated-2. The remainder must commence at
the time of the creation of the particular estate-3. The remainder
must vest during the continuance of the particular estate, or eo in-
stanti that it determines-Remainders are either vested or contingent
-Vested remainders, what they are-Contingent remainders, what
they are-Instances of contingent remainders, where the person
is uncertain-Posthumous children may take in remainder-Possi-
bility on a possibility-Where the event is uncertain-Contingent
remainders must be limited on a freehold-How contingent re-
mainders may be destroyed-Proposed alteration of the Real Pro-
perty Commissioners-How contingent remainders may be trans-
ferred-Executory devises-What they are-Wherein they differ
from a remainder-Executory devise without any particular estate
to support it-Executory devise limited after a fee-Executory de-
vises must be limited within a certain time-Executory devises of
terms of years-Rule as to accumulations of rents and profits-III.
Estate in reversion, what it is-Incidents of a reversion-Reversions
carefully distinguished from remainders-Tenants for life may be
ordered to be produced-The doctrine of merger-Estate tail not
liable to merger, but on failure of issue this privilege ceases-One
term of years may merge in another.

CHAPTER THE FOURTEENTH.

OF ESTATES IN SEVERALTY, JOINT TENANCY, COPARCENARY, AND

COMMON. PP. 214-231.

ESTATES may be held in severalty, in joint tenancy, in coparcenary,

and in common-I. Estates in severalty—II. Estates in joint te-

nancy—Who may be joint tenants in tail-How joint tenancy may

be created-The properties of joint tenancy are derived from its

unities, which are:-1. Unity of interest-2. Unity of title-3.

Unity of time in what estates it is necessary-4. Unity of posses-

sion-Tenancy by entireties-Consequences of the unity of pos-

session of joint tenants-Possession of one joint tenant not the

possession of all-The doctrine of survivorship-How joint tenancy