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56. What is an exchange? 323.

57. Is either livery of seisin or entry necessary in order to perfect an exchange? 323.

58. What is a partition? 324.

59. Can a partition be made by parol only, in any case? 324.

60. What is a release? 324.

61. For what five purposes may releases enure? 324, 325.

62. What is a confirmation? 325, 326.

3. What are the intentions of private acts of parliament ? 344.

4. With what cautions and preliminaries are private acts of parliament made? 345.

5. In what are the king's grants contained? 346.

6. What is the difference between the king's letters-patent, literæ patentes, and his writs close, literæ clause? 346.

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 subrelease or confirmation of lands? 825, 826. ject? 847, 348.

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67. What is a defeazance; and may it be made the fine is founded? 350. after the original conveyance? 327.

68. What are uses and trusts in our law?

328.

12. What is the primer fine? 350.

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.

71. In what do the contingent or springing uses of a conveyance differ from an executory devise? 334.

72. Why, in both cases, may a fee be limited to take effect after a fee? 334.

73. What is a secondary or shifting use? 335. 74. What is a resulting use? 335. 75. May uses originally declared be revoked at any time and new ones declared? 335.

76. What is the origin of trusts? 335, 336. 77. How do the courts now consider a trustestate? 337.

78. To what twelfth species of conveyance has that by livery of seisin now given way? 338.

79. What thirteenth species of conveyance has been introduced by this statute of uses? 338.

80. What was enacted by the 27 Hen. VIII. c. 16 as to bargains and sales? 338.

81. What gave rise to the fourteenth species of conveyance; and what is its nature? 338, 339. 82. What may be added as a fifteenth and a sixteenth species of conveyance? 339.

83. What are the three species of deeds used not to convey but to charge or discharge lands? 340.

84. What is an obligation or bond, whether single (simplex obligatio) or conditional; and how is it a charge upon lands? 340.

85. When is the condition of a bond void; and when the bond itself? 340, 341.

86. On the forfeiture of a bond, what sum is recoverable? 341.

87. What is a recognizance; and wherein does it differ from a bond? 341.

88. What is a defeazance on a bond or recognizance, or judgment recovered; and wherein does it differ from a common conditional bond? 342.

89. What general registers for deeds, wills, and other acts affecting real property are there in England and Scotland? 343.

CHAP. XXI.-Of Alienation by Matter of Record.

1. WHAT are assurances by matter of record? 344.

2. Of what four kinds are they? 344.

16. How must the acknowledgment be made; and how far does this acknowledgment complete the fine? 351.

17. What is the note of the fine? 351.
18. What is the foot of the fine? 351.

19. What proclamations of a fine hath the statute added to prevent the levying of one by fraud or covin? 352.

20. Of what four kinds are fines thus levied? 352, 353.

21. What is a fine sur cognizance de droit, come ceo que il ad de son done; and of what efficacy is it? 352.

22. What is a fine sur cognizance de droit tantum; and for what is it commonly used? 353.

23. What is a fine sur concessit? 353.

24. What is a fine sur done, grant, et render, and wherein does it differ from the fine sur cognizance de droit, come ceo, &c.? 353.

25. What are the force and effect of fines? 354, 355.

26. What are the three classes of persons bound by a fine? 355.

27. Who are the parties to a fine, and how are they bound? 355.

28. Who are privies, and how are they bound?

355.

29. Who are strangers, and in what cases are they bound? 356.

30. But what is necessary in order to make a fine of any avail at all? 356, 357.

31. Upon what neglect of the remainderman or reversioner does a tenant's for life levying a fine fail to forfeit the estate from the latter to the former and bar it forever? 35€.

32. What is the nature of a common recovery, and how far is it like a fine? 357.

33. What is the writ of præcipe quod reddat; and what does it allege? 358.

34. Who is the demandant, and who the defendant? 358.

35. What is the voucher, vocatio, or calling to warranty; and who is the vouchee? 358. 36. Who is the recoverer, and who the recoveree?

358.

37. What is called the recompense or recovery in value? 359.

88. Of what nature is this recompense; and who is usually the common vouchee? 359.

39. What is a recovery with double voucher; and why is it now usually employed? 359. 40. What is the reason why the issue in tail is held to be barred by a common recovery? 360. 41. In what light have our modern courts of justice considered common recoveries? 360.

42. How does the commentator recommend the shortening of the process of this conveyance? 361.

43. What are the force and effect of a common recovery? 361.

44. By statute, when will not a recovery bar an estate tail, and who shall not suffer a recovery? 362.

45. What, in all recoveries, is necessary on the part of the recoveree or tenant to the præcipe? 362. 46. But what are the provisions of the statute 14 Geo. II. c. 20 in order to make good a recovery? 362.

47. By what two sorts of deed may the uses of a fine or recovery be directed? 363, 364.

48. When are these deeds called deeds to lead the uses of a fine or recovery, and when deeds to declare them; for what purpose are they made; and what effect have they on the fine or recovery? 363, 364.

CHAP. XXII.-Of Alienation by Special Custom.

1. To what are assurances by special custom confined? 365.

2. How are copyhold lands generally transferred? 365.

3. What is surrender sursam redditio; and what is the manner of transferring copyhold estates? 365, 366.

4. What operation upon a copyhold estate has any feoffment or grant? 367.

5. If I would exchange a copyhold estate with another, or devise one, what must be done? 367, 368.

6. What effect will a fine or recovery had of copyhold lands in the king's courts have; and how may such fine or recovery be reversed by the lord? 368.

7. What are the three several parts of the assurance by surrender? 368.

8. What part of it does the surrender itself constitute? 368.

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CHAP. XXIII.-Of Alienation by Devise.

1. WHAT is devise? 378.

2. Upon what did the restraint of devising lands take place? 373.

3. What estate only could then be devised, with what exceptions? 374.

4. In what shape did the popish clergy, who then generally sat in the court of chancery, allow of the devise of lands? 375.

5. Upon what did lands in this shape become no longer derisable? 375.

6. What did the statute of wills, 32 Hen. VIII. c. 1, enact? 375.

7. How is a devise to a corporation for a charitable use now held by the statute 48 Eliz. c. 4 to be valid? 376.

8. What does the statute of frauds and perjuries, 29 Car. II. c. 3, direct as to devises of lands? 376. 9. Are copyholds and terms for years within the statute? 376.

10. How may a will be revoked? 376.

11. What did the statute 25 Geo. II. c. 6 declare as to the witnesses to a will? 377.

12. What hath the statute 3 & 4 W. and M. c. 14 provided for the benefit of a testator's creditors? 378.

13. How is a will of lands considered by the courts of law? 378.

14. What distinction between devises of lands and testaments of personal chattels is founded upon this notion? 378, 379.

15. What seven general rules and maxims have been laid down by courts of justice for the construction and exposition of all the species of common assurances? 379-382.

CHAP. XXIV.-Of Things Personal.

1. WHAT are included under the name of things personal? 384.

2. Do not things personal consist of things movable only, as things real do of things immovable? 385.

3. Under what general name, then, is the whole comprehended? 385.

4. Into what two kinds, therefore, are chattels distributed by the law? 386.

5. What are chattels real? 386.

6. Which quality of real estates have they 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.

10. Can the surrenderor retract his surrender? 369.

11. What is the presentment of the surrender; and when and by whom must it be presented? 369. 12. What if those into whose hands the surrender was made refuse to present and the lord refuse to compel them to do so? 369.

13. Of what three sorts is admittance? 370. 14. What is the lord bound to do in admittances upon a voluntary grant? 370.

15. How is the lord regarded in admittances upon surrender of a former tenant, or upon descent from the ancestor? 370, 371.

16. In what, however, do admittances upon surrender differ from admittances upon descent? 871.

17. Are heirs of copyhold compellable to be admitted? 372.

chattels? 386.

7. What are chattels personal? 387, 388.

CHAP. XXV.-Of Property in Things Personal.

1. Or what two natures is property in chattels personal? 389.

2. Into what two sorts is property in chattels personal of the former nature divided? 389. 3. What is property in chattels personal in possession absolute? 389.

4. Into what two classes does the law distinguish animals? 390.

5. What property can a man have in such animals as are domitiæ, and what in such as are feræ naturæ ? 390.

6. Why, of all tame and domestic animals, does the brood belong to the mother (with what exception)? 390.

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

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

9. What are those animals feræ naturæ in which a qualified property may be acquired per industriam hominis, by a man's reclaiming and making them tame by art, industry, and education? 392. 10. How long are these animals the property of a man? 392.

11. What animals is it felony to steal? 393. 12. What crime is it to steal such animals the stealing of which does not amount to felony?

394.

13. When, and how long, may a qualified property also subsist with relation to animals feræ naturæ, ratione impotentæ, on account of their own inability? 394.

14. What is that qualified property which a man may have in animals feræ naturæ, propter privilegium? 394, 395.

15. What other things besides animals feræ naturæ may be the objects of qualified property; and how long does that property last? 395.

feiture.

1. WHAT personal chattels may accrue to whom by prerogative? 408.

2. What if the titles of the king and the subject concur? 409.

3. In what three classes of books hath the

king a kind of prerogative copyright? 410.

4. Is there not still another species of prerogative property, founded upon a very different principle from any that have been mentioned? 410, 411.

5. What four reasons have concurred for

making the restrictions which the municipal laws of many nations have exerted upon the natural right of every man to pursue and take to his own use all such creatures as are feræ naturæ? 411, 412.

6. What, however, is the origin of the gamelaws in England? 413-416.

7. What was done by the carta de foresta? 416.

8. Who only, by common law, have a right to take or kill any beasts of chase not also beasts of

16. These kinds of qualification in property arise from the subject's incapacity of absolute own-prey? 416. ership; but in what cases may property be of a qualified or special nature, on account of the peculiar circumstances of the owner, when the thing itself is very capable of absolute ownership? 396.

17. Hath a servant who hath the care of his master's goods or chattels any property in them? 396.

18. What is called a thing, or chose in action? 396, 397.

19. Upon what depends, and what are the only regular means of acquiring, all property in

action? 397.

20. Upon all contracts, what does the law give to the party injured in case of non-performance? 397.

21. May things personal be limited by deed or will in remainder and in estate-tail? 398.

9. What are free-warren and free-fishery; and what does magna carta provide as to the latter? 417.

10. Who only, by common law, can justify hunting or sporting upon another man's soil, or, in thorough strictness, hunting or sporting at all? 417.

11. But how have the exemptions from certain penal statutes for preserving the game virtually extended what are called the qualifications to kill it? 417, 418.

12. For what twelve offences are all the goods and chattels of the offender forfeited to the crown?

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 tenancy, in common, and in coparcenary? 399.

23. But how is it held that partnership stock in trade shall always be considered? 399.

CHAP. XXVI.-Of Title to Things Personal by Occupancy.

1. WHAT are the twelve principal methods by which the title to things personal may be acquired and lost? 400.

2. In what eight species of goods may'a property be acquired by occupancy? 401-406.

3. But what are the restrictions as to the right to seize the goods and person of an alien enemy? 401, 402.

4. To what do the restrictions which are laid upon the right to the occupancy of animals feræ naturæ principally relate? 403.

5. What constitutes an accession to property? 404, 405.

6. What is confusion of goods; and to whom does such act of confusion give the entire property? 405.

most parts of the nation? 422.

2. Into what two sorts are heriots usually divided? 422.

3. What is heriot-service? 422.

4. Upon what does heriot-custom arise; and what is it defined to be? 422.

5. To what species of tenures is heriot-custom now for the most part confined? 423.

6. Of what does the heriot now usually consisu: and of what estate is it always? 424.

7. Why can no heriot be taken on the death of a feme-covert? 424.

8. Can a heriot be compounded for by the payment of money? 424.

9. What are mortuaries; and why are they sometimes called corse-presents? 425.

10. To what certainty did the statute 21 Hen. VIII. c. 6 reduce mortuaries? 427.

11. What are heir-looms; what may they be by special custom; and what are they by general? 427, 428.

12: What other personal chattels are there which 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.

VOL. II-.43

13. What if heir-looms are devised away fro'u the heir by will? 429.

673

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3. In case a lease for years be made to the Bishop of Oxford and his successors, who shall have it; and why? 431, 432.

4. Yet what two exceptions are there to the rule that no chattel can go to corporations merely sole in right of succession? 432.

5. How are those chattels which formerly belonged to the wife vested in the husband by marriage; and how does personal property differ in this respect from real estate? 433.

6. How do a chattel real and a chattel personal or chose in action vest in the husband; and what if he die before he have recovered or reduced them into possession? 434.

7. What shall become of the chattel real and chattel personal if the wife die before the husband have done so; and why? 435.

8. How do chattels personal in possession vest in the husband? 435.

9. What are the wife's paraphernalia? 435, 486. 10. Of what natures is property in chattel interests vested by a judgment in consequence of some suit or action? 436, 437.

11. What three species of property are of the second of these natures? 437-439.

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15. What are the four most usual contracts whereby the right of chattels personal may be acquired in England? 446.

16. What is sale or exchange; how does the former differ from the latter; and how are both regarded by the law? 446, 447.

17. Where the vendor hath in himself the property of the goods, when only hath he not the liberty of disposing of them? 447.

18. What constitutes a sale? 447, 448.

19. But in what cases may property be transferred by sale though the vendor have none at all in the goods? 449.

20. What is market-day and market-overt in the country; and what in London? 449.

21. But what has the statute 1 Jac. I. c. 21

449.

provided as to the sale of goods to pawnbrokers ? 22. And in what cases are sales not binding even in market-overt? 450.

23. What directions do the statutes 2 P. and M. c. 7 and 31 Eliz. c. 12 enact concerning the sale of horses? 450, 451.

24. What remedy has a purchasor if a vendor sell goods and chattels as his own and the title prove deficient? 451.

25. When is the vendor bound to answer for 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.

tract.

1. WHAT is the distinction between a gift of personal property and a grant? 440.

2. What may be included under the head of gifts or grants of chattels real; and what considerations, in the eye of the law, convert the gift, if executed, into a grant, if not executed, into a contract? 440.

3. What are grants or gifts of chattels personal; and how may they be made? 441.

4. Why does the statute 3 Hen. VII. c. 4 declare all deeds of gifts of goods made in trust to the use of the donor void; and what does the statute 13 Eliz. c. 5 declare as to every grant or gift of chattels, as well as lands, with intent to defraud creditors? 441.

5. By what is a true and proper gift or grant always accompanied; and in what cases only may it be retracted? 441.

6. But what if the gift do not take effect by delivery of immediate possession? 441, 442. 7. What interest does a contract convey as distinguished from a gift or grant; and how is it defined? 442.

8. Can a chose in action be assigned? 442. 9. What are express contracts, and what implied? 443.

10. What are executed and what executory contracts; and how do they differ in the choses they convey? 443.

11. What is a good and what a valuable consideration; and how may each of these be set aside? 444.

12. In what four species are valuable considerations divided by the civilians? 444, 445.

27. What does the law call agistment? 452. 28. If a man deliver any thing to his friend to keep for him, when is the bailee answerable for any damage or loss it may sustain? 452.

29. Why, in all instances of bailment, may the bailee, as well as the bailor, maintain an action against such as injure the chattels bailed? 452, 453.

30. What is the difference between hiring and borrowing? 453.

31. What is interest; and upon what are its doctrines grounded? 454, 455.

32. To what three practices does the circumstance of the hazard of lending money being greater than the compensation arising from the rate of interest allowed by law on the loan give rise? 457.

33. What is bottomry; and in what does it differ from respondentia? 457, 458.

34. What is enacted by the statute 19 Geo. II. c. 37 as to all moneys lent on bottomry or respondentia on vessels bound to and from the West Indies? 458.

35. What is a policy of insurance? 458, 459. 36. What is enacted by the statute 14 Geo III. c. 48 as to insurances on lives? 459, 460.

37. Policies of insurance being contracts, the very essence of which consists in observing the purest good faith and integrity, how is fraud or undue concealment in them provided against?

460.

38. What is enacted by the statute 19 Geo. II. c. 37 as to what are denominated wagering policies? 460, 461.

39. From what does the practice of purchasing annuities for lives at a certain price or premium,

instead of advancing the same sum on an ordinary loan, arise? 461.

40. What has the statute 37 Geo. III. c. 26 directed in order to throw some check upon improvident transactions of this kind? 461, 462. 41. What is now the extremity of legal interest that can be taken? 463.

42. If a contract which carries interest be made in a foreign country, of what interest will our courts direct the payment? 463, 464.

43. What does the statute 14 Geo. III. c. 79 enact as to the legality of interest on all mortgages and other securities upon estates or other property in Ireland or the plantations? 464.

44. What is debt; and in what cases may it be the counterpart of and arise from any of the other species of contracts? 464.

45. Into what three classes is debt usually divided? 465.

46. What is a debt of record? 465.

47. What is a debt by specialty or special contract? 465.

48. What are debts by simple contract? 465. 49. What is enacted by the statute 29 Car. II. c. 3 as to one person's being responsible for the debt of another? 466.

50. What is that species of simple-contract debt now introduced into all sorts of civil life under the name of paper credit? 466.

51. What is a bill of exchange, or draft; and who is the drawer of it, who the drawee, and who the payee? 466, 467.

52. Of what two sorts are bills of exchange; and what difference is there in law between them? 467.

53. What are promissory notes, or notes of hand, and for what sum at least must they be drawn? 467, 468.

54. Why is it usual in bills of exchange to express that the value thereof hath been received by the drawer? 468.

55. By what means may a bill of exchange or promissory note be assigned? 468, 469.

56. When may a bill of exchange be protested for non-acceptance; and when, both a bill and a promissory note, for non-payment? 469.

57. In case of such protests, what compensation is the drawer bound to make to the payee or endorsee; but what happens in the absence of such protests or their notification to the drawer? 469. 58. When a bill or a note is refused, how soon

must it be demanded of the drawer? 470. 59. Upon whom may an endorsee call to discharge a bill or a note? 470.

CHAP. XXXI.-Of Title by Bankruptcy.

1. WHо may become a bankrupt; and who may not? 471, 473-477.

2 What privileges do the laws of bankruptcy confer on the creditors; and what on the debtor? 472.

3. By what eleven acts may a man become a bankrupt? 478, 479.

7. What powers have the commissioners of bankruptcy? 481.

8. What if the bankrupt conceal or embezzle any effects to the amount of 20., or withhold any books or writings with intent to defraud his creditors? 482.

9. What if it appear that his inability to pay his debts arose from some gross misconduct and negligence? 482.

10. After the time allowed to the bankrupt for such discovery is expired, to what shall any other person, voluntarily discovering any part of the bankrupt's estate, be entitled; and what shall any trustee, wilfully concealing it, forfeit? 482. 11. Of what ratable amount is the bankrupt's allowance? 483.

12. When shall not the bankrupt's allowance or indemnity be given him? 484.

13. What is an act of insolvency? 484.

14. But as to what only are persons who have been once cleared by a bankruptcy or by an insolvent act indemnified in case they become bankrupts again? 484, 485.

15 By virtue of the statutes of bankruptcy, in whom are all the personal estate and effects of the bankrupt considered as vested by the act of bankruptcy? 485.

16. What is the meaning of the saying "Once a bankrupt and always a bankrupt”? 485, 486. 17. Who alone is not within the statute of bankrupts? 486.

18. But what is provided by the statute 19 Geo. II. c. 32 as to money paid by a bankrupt to a creditor, and by statute 1 Jac. I. c. 15 as to money paid by a debtor to a bankrupt? 486.

19. What acts can and cannot the assignees of a bankrupt do without the consent of the creditors? 486.

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20. What is the duty of the assignees towards the creditors; and within what time shall the first dividend be made? 487.

21. What debts of a bankrupt have a priority to be paid; and what shall not be postponed or set aside? 487, 488.

22. Within what time shall a second and final dividend be made; and if any surplus remain after paying every creditor his full debt to whom shall it be given? 488.

CHAP. XXXII.-Of Title by Testament and Ad

ministration.

1. WHAT is a testament, and what an administration? 490.

2. What were the reasonable parts in a man's chattels of the wife and children? 492.

3. What part of his chattels may a man now devise? 492, 493.

4. When is a man said to die intestate? 494. 5. To whom did the goods of intestates anciently belong; and to whom were they granted? 494. 6. What is the origin of the right of the 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.

5. What if the bankrupt make default in either surrender of himself or conformity to the directions of the statutes of bankruptcy? 481.

6. What powers has any judge or justice of the peace over a bankrupt? 481.

7. Who is the intestate's administrator? 496. 8. Upon what three accounts are persons prohibited, by law or custom, from making a will? 497.

9. Who are to be reckoned in the first species? 497.

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