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keep watch and ward, and to appre bend offenders 6. Surveyors of the highways are officers appointed annually in every parish; to remove annoyances in, and to direct the reparation of, the public roads

7. Overseers of the poor are officers appointed annually in every parish; to relieve such impotent, and employ such sturdy poor, as are settled in each parish, by birth;-by parentage-by marriage; or by forty days' residence, accompanied with, I. Notice. II. Renting a tenement of ten pounds annual value. III. Paying their assessed taxations. IV. Serving an annual office. V. Hiring and serving for a year. VI. Apprenticeship for seven years. VII. Having a sufficient estate in the parish

CHAPTER X.

Page

355

357

359-365

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376 to 395

OF THE CLERGY 1. The people, whether aliens, denizens, or natives, are also either clergy, that is, all persons in holy orders, or in ecclesiastical offices; or laity, which comprehends the rest of the nation 2. The clerical part of the nation, thus defined, are, I. Archbishops and bishops; who are elected by their several chapters, at the nomination of the crown, and afterwards confirmed and consecrated by each other. II. Deans and chapters. III. Archdeacons. IV. Rural deans. V. Parsons, (under whom are included appropriators) and vicars; to whom there are generally requisite, holy orders, presentation, institution, and induction. VI. Curates. To which may be added, VII. Churchwardens. VIII. Parish clerks and sextons

CHAPTER XII.

OF THE CIVIL STATE

376

377-395

396 to 407

1. The laity are divisible into three states; civil, military, and maritime

396

2. The civil state, which includes ali the nation except the clergy, the army, and the navy; (and many individuals among them also); may be divided into the nobility, and the commonalty

3. The nobility are dukes, marquesses, earls, viscounts, and barons. These had antiently duties annexed to their respective honours: they are created either by writ, that is, by summons to parliament; or by the king's letters patent, that is, by royal grant: and they enjoy many privileges, exclusive of their senatorial capacity 4. The commonalty consist of knights of the garter, knights bannerets, ba ronets, knights of the bath, knights bachelors, esquires, gentlemen, yeo. men, tradesmen, artificers, and la bourers.

CHAPTER XIII.

Page

306

306-402

403-407

OF THE MILITARY AND MARITIME STATES 408 to 417 1. The military state, by the standing constitutional law, consists of the militia of each county, raised from among the people by lot, officered by the principal landholders, and commanded by the lord lieutenant 2. The more disciplined occasional troops of the kingdom are kept on foot only from year to year, by parliament; and, during that period, are governed by martial law, or arbitrary articles of war, formed at the pleasure of the crown

3. The maritime state consists of the officers and mariners of the British navy; who are governed by express and permanent laws, or the articles of the navy, established by act of parliament

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422 to 431

OF MASTER AND SERVANT 1. The private, œconomical, relations of persons are those of, I. Master and servant. II. Husband and wife. III. Parent and child. IV. Guardian and ward

2. The first relation may subsist between a master and four species of servants (for slavery is unknown to our laws): viz. I. Menial servants, who are hired. II. Apprentices, who are bound by indentures. III. Labourers, who are casually employed. IV. Stewards, bailiffs, and factors; who are rather in a ministerial state

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433-440

2 Marriage is duly contracted between persons, 1. Consenting. II. Free from canonical impediments which make it voidable. III. Free also from the civil impediments, of prior marriage-of want of age;-of non-consent of parents or guardians, where requisite and of want of reason; either of which make it totally void. And it must be celebrated by a clergytan in due form and place 3 Marriage is dissolved, I. By death. .I. By divorce in the spiritual court; not a mensa et thoro only, but a vinculo matrimonii, for canonical cause existing previous to the contract. III. By act of parliament, as, for adultery 4. By marriage the husband and wife become one person in law; which unity is the principal foundation of their respective rights, duties, and disabili ties

CHAPTER XVI.

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442

446 to 459

OF PARENT AND CHILD 1. The third, and most universal private relation is that of parent and child 2. Children are, I. Legitimate; being those who are born in lawful wedlock, or within a competent time after. II. Bastards, being those who are not so 3. The duties of parents to legitimate children are, I. Maintenance. II. Protection. III. Education

4. The power of parents consists principally in correction, and consent to 'marriage. Both may, after death, be delegated by will to a guardian; and the former also, living the parent, to a tutor or master

5. The duties of legitimate children to parents are obedience, protection, and maintenance

6 The duty of parents to bastards is only that of maintenance

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447

452

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458

The rights of a bastard are such only as he can acquire; for he is incapable of inheriting any thing

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II. Guardians for nurture, assigned by the ordinary. III. Guardians in socage, assigned by the common law, IV. Guardians by statute, assigned by the father's will. All subject to the superintendence of the Court of Chancery

3. Full age in male or female, for al purposes, is the age of twenty-one years (different ages being allowed for different purposes); till which age the person is an infant

4. An infant, in respect to his tender years, hath various privileges, and various disabilities in law; chiefly with regard to suits, crimes, estates, and

contracts

CHAPTER XVIII.

OF CORPORATIONS

Page

462

463

464

467 to 48-1

1. Bodies politic, or corporations, which are artificial persons, are established for preserving in perpetual succession certain rights; which, being conferred on natural persons only, would fail in process of time

467

469

2. Corporations are, I. Aggregate, con-
sisting of many members. II. Sole,
consisting of one person only
3. Corporations are also either spiritual,
erected to perpetuate the rights of the
church; or lay. And the lay are, 1.
Civil; erected for many temporal pur-
poses. II. Lleemosynary; erected to
perpetuate the charity of the founder 470-
4. Corporations are usually erected, and
named, by virtue of the king's royal
charter; but may be created by act
of parliament

5. The powers incident to all corpora
tions are, I. To maintain perpetual
succession. II. To act in their corpo-
rate capacity like an individual. III.
To hold lands, subject to the statutes
of mortmain. IV. To have a common
seal. V. To make by-laws. Which
last power, in spiritual, or eleemosy
nary corporations, may be executed
by the king or the founder
6. The duty of corporations is to an-
swer the ends of their institution
7. To enforce this duty, all corporations
may be visited: spiritual corporations
by the ordinary; lay corporations by
the founder, or his representatives
viz. the civil by the king (who is the
fundator incipiens of all) represented
in his court of King's Bench; the
eleemosynary by the endower (who is
the fundator perficiens of such), or by
his heirs or assigns

8. Corporations may be dissolved, 1. By
act of parliament, II. By the natural
death of all their members. III. By
surrender of their franchises. IV. By
forfeiture of their charter

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BOOK II.-OF THE RIGHTS OF THINGS.

CHAPTER I.

Page 2 to 14

Or PROPERTY, IN GENERAL 1. All dominion over external objects has its original from the gift of the Creator to man in general

The substance of things was, at first, common to all mankind; yet a temporary property in the use of them might even then be acquired and continued by occupancy

1 In process of time a permanent property was established in the substance, as well as the use of things; which was also originally acquired by Occupancy only

4. Lest this property should determine by the owner's dereliction, or death, whereby the thing would again become common, societies have established conveyances, wills, and heirships, in order to continue the property of the first occupant: and, where by accident such property becomes discontinued or unknown, the thing usually results to the sovereign of the state, by virtue of the municipal law 6. But of some things, which are incapable of permanent substantial dominion, there still subsists only the same transient usufructuary property, which originally subsisted in all things

CHAPTER II.

OF REAL PROPERTY, AND,

2

3

4,5

9-11

14

1st, OF CORPOREAL HEREDITAMENTS 16 to 18 1. In this property, or exclusive domiConsist the rights of things; which are, I. Things real. II. Things

nion,

personal

2. In things real may be considered, I. Their several kinds. II. The tenures by which they may be holden. III. The estates which may be acquired therein. IV. Their title, or the means 3. All the several kinds of things real of acquiring and losing them

are

reducible to one of these three,

viz. lands, tenements, or hereditaments; whereof the second includes the first, and the third includes the first and second

1. Hereditaments, therefore, or whatever may come to be inherited (being the most comprehensive denomination of things real), are either corporeal or incorporeal 6. Corporeal hereditaments consist wholly of lands, in their largest legal sense; wherein they include not only the face of the earth, but every other object of sense adjoining thereto, and

subsisting

16

16

16

17

either above or beneath it 17, 18

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2. Incorporeal hereditaments are, 1. Advowsons. 11. Tithes. III. Commons. IV. Ways. V. Offices. VI. Dignities. VII. Franchises. VIII. Corodies or pensions. IX. Annuities. X. Rents 21 41 3. An advowson is a right of presentation to an ecclesiastical benefice; either appendant, or in gross. This may be, 1. Presentative. II. Colla tive. III. Donative

4. Tithes are the tenth part of the increase yearly arising from the profits and stock of lands, and the personal industry of mankind. These, by the antient and positive law of the land, are due of common right to the parson, or (by endowment) to the vicar; unless specially discharged, I. By real composition. II. By prescription, either de modo decimandi, or de non decimando

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1. The doctrine of tenures is derived from the feodal law; which was planted in Europe by its northern conquerors, at the dissolution of the Roman empire

2. Pure and proper feuds were parcels of land allotted by a chief to his followers; to be held on the condition of personally rendering due military service to their lord

3. These were granted by investiture; were held under the bond of fealty; were inheritable only by descendants;

4-5

45

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aids, primer seisin, and fines for
alienation

4. Pure villenage was a precarious and
slavish tenure, at the absolute will of
the lord, upon uncertain services of
the basest nature

58 5. From hence, by tacit consent or en-
croachment, have arisen the modern
copyholds, or tenure by copy of court
roll; in which lands may be still held
at the (nominal) will of the lord, (but
regulated) according to the custom of
the manor

48-53

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62

2. The most universal antient tenure was that in chivalry, or by knightservice; in which the tenant of every knight's fee was bound, if called upon, to attend his lord to the wars. This was granted by livery, and perfected by homage and fealty; which usually drew after them suit of court 3 The other fruits and consequences of the tenure by knight-service were, I. Aid. II. Relief. III. Primer seisin. IV. Wardship. V. Marriage. VI. Fines upon alienation. VII. Escheat 63-72 4. Grand serjeanty differed from chivalry principally in its render, or service; and not in its fruits and consequences 5. The personal service in chivalry was at length gradually changed into pecuniary assessments, which were called scutage or escuage

6. These military tenures (except the services of grand serjeanty) were, at the restoration of King Charles, totally abolished, and reduced to free socage, by act of parliament

CHAPTER VI.

73

.

6. These are subject, like socage lands, to services, relief, and escheat; and also to heriots, wardship, and fines upon descent and alienation

7. Privileged villenage, or villein socage, is an exalted species of copyhold tenure, upon base but certain, services; subsisting only in the antient de mesnes of the crown; whence the tenure is denominated the tenure in antient demesne

8. These copyholds, of antient demesne, I have divers immunities annexed to their tenure; but are still held by copy of court roll, according to the custom of the manor, though not at the will of the lord

9. Frankalmoign is a tenure by spiritual services at large; whereby many ecclesiastical and eleemosynary corpora tions now hold their lands and tenements: being of a nature distinct from tenure by divine service in certain CHAPTER VII.

rago

86-89

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OF FREEHOLD ESTATES OF INHERIT103 to 117 ANCE 1. Estates in lands, tenements, and he reditaments, are such interest as the tenant hath therein; to ascertain which, may be considered, 1. The quantity of interest. II. The time of enjoyment. III. The number and connexions of the tenants 103 to 119 74 2. Estates, with respect to their quantity of interest, or duration, are either freehold, or less than freehold

77

OF THE MODERN ENGLISH TENURES 78 to 101

1. Free socage is a tenure by any free, certain, and determinate service

2. This tenure, the relic of Saxon liberty, includes petit serjeanty, tenure in burgage, and gavel-kind

3. Free socage lands partake strongly of the feodal nature, as well as those in chivalry being holden; subject to some service, at the least, to fealty and suit of court; subject to relief, to wardship, and to escheat, but not to marriage; subject also formerly to

78

81

3. A freehoid estate, in lands, is such as is created by livery of seisin at com. mon law; or, in tenements of an incorporeal nature, by what is equiva lent thereto

4. Freehold estates are either estates of inheritance, or not of inheritance, viz. for life only and inheritances are, I. Absolute, or fee-simple. II. Limited fees

5. Tenant in fee-simple is he that hath lands, tenements, or hereditaments, to hold to him and his heirs for ever 6. Limited fees are, I Qualified, or base, fees. 11. Fees conditional at the common law

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104

104

104

109

7. Qualified, or base, fees are those which, having a qualification subjoined thereto. are liable to be defeated when that qualification is at an end 109

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