grounds which were omitted to be appropriated in the general distribution of lands. With regard to these and some others, as disturbances and quarrels would frequently arise among individuals contending about the acquisition of this species of property by first occupancy, the law has therefore wisely cut up the root of dissension by vesting the things themselves in the sovereign of the state; or else in his representatives, appointed and authorized by him, being usually the lords of the manors. Thus the legislature of England has universally promoted the grand ends of civil society, the peace and security of individuals, by steadily pursuing that wise and orderly maxim of assigning to everything capable of ownership a legal and determinate

owner.

OF REAL PROPERTY.

Having considered the Rights of Persons and the Rights of Property in general, we shall now direct our attention to the subjects of "dominion or property," which, in the law of England, are Things as contradistinguished from Persons. Things are distributed into two kinds, Things Real, and Things Personal. Things Real (legally called "realty") are such as are permanent, fixed, and immovable, and the rights and profits annexed to or issuing out of them. Things Personal ("personalty") consist of goods, money, and all other moveables which may attend the owner's person, and such rights and profits as relate to moveables.

Treating then of Things Real, let us first consider their several sorts or kinds; secondly, the Tenures by which they may be holden; thirdly, the Estates which may be had in them; and lastly, the Title to them, and the manner of acquiring and losing the Title.

Explain Things Real," and enumerate their several kinds.

THINGS REAL consist of Lands, Tenements, or Hereditaments. Land comprehends all things of a permanent, substantial nature. In its legal signification it comprehends any ground, soil, or earth whatsoever; as arable land, meadows, pastures, woods, moors, land covered with water, marshes, furzes, and heath. It legally includes also all castles, houses, and other buildings; for if the land or ground be conveyed, the structures or buildings

thereupon pass therewith. Land has also in its legal signification indefinite extent upwards as well as downwards. Cujus est solum, ejus est usque ad cœlum; therefore no man may erect any building to overhang another's land: for the word land includes, not only the face of the earth, but everything under it or over it, and therefore if a man grants all his lands, he grants thereby all his mines of metal and other fossils, his woods, his lands covered with water, and his houses, as well as his fields and meadows. Mines, lying under a piece of land, may be excepted out of a conveyance of such land, and they will then remain the corporeal property of the grantor.

Tenement is a word often used in ordinary language to signify houses and other buildings, yet in its original, proper, and legal sense, it signifies everything that may be holden, provided it be of a permanent nature.

Hereditament includes every kind of property that can be inherited, be it corporeal or incorporeal, real, personal, or mixed. Hereditaments are of two kinds, corporeal and incorporeal. Corporeal hereditaments consist of such as may be seen or handled-of substantial and permanent objects, which may be also comprehended under the general denomination of land. Incorporeal hereditaments are rights annexed to, or issuing out of, land. It is not the thing corporate itself, but something collateral thereto, as a rent issuing out of lands or houses. An annuity, for instance, is an incorporeal hereditament; for though the money, which is the fruit or product of this annuity, is doubtless of a corporeal nature, yet the annuity itself, which produces that money, is a thing invisible, has only a mental existence, and cannot be delivered over from hand to hand.

INCORPOREAL HEREDITAMENTS are principally of ten sorts :1. ADVOWSON, a right of presentation to an ecclesiastical benefice, and is in the nature of a temporal property as well as a spiritual trust.*

Advowsons are either advowsons appendant or advowsons in gross. Lords of manors being originally the only founders, and of course the only patrons, of churches, the right of patronage or presentation, so long as it continues annexed to the posses

* Consult "Mirehouse on Advowsons."

sion of the manor, is called an advowson appendant, and it will pass or be conveyed together with the manor as incident and appendant thereto, by a grant of the manor only, without adding any other words; but where the property of the advowson has been once separated from the property of the manor by legal conveyance, it is called an advowson in gross, or at large, and never can be appended any more; but is for the future annexed to the person of its owner, and not to the manor or lands.

Advowsons are of three kinds-presentative, collative, or donative. An advowson presentative is where the patron has a right to present a clerk canonically qualified to the bishop, and to require that he be instituted and inducted into the church.

An advowson collative is where the bishop and patron are one and the same person, in which case the bishop cannot present to himself; but presentation and institution are in such a case replaced by the one act of collation.- -An advowson donative is when the Sovereign or any subject by his licence doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron, subject to his visitation only, and not to that of the ordinary; and vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction.*

2. TITHES were the tenth part of the increase yearly arising and renewing from the profits of land, the stock upon lands, and the personal industry of the inhabitants. These are now, since

August, 1836, commuted into a rent-charge, the amount of which is annually adjusted by a Board of Commissioners, as now constituted by the Tithe Commutation Acts,† according to the average price of corn.

3. RIGHT OF COMMON is a profit which a man has in the land of another person. Common of pasture is the right of feeding

* As to the exchange of Advowsons, see 3 & 4 Vict., c. 113, s. 73, and 4 & 5 Vict., c. 39, s. 22; for sale of Advowsons held by or in trust for parishioners, 19 & 20 Vict., c. 50. By the Lord Chancellor's Augmentation Act, 26 & 27 Vict., c. 120, the Lord Chancellor is authorized to sell the numerous Advowsons specified in the schedule to that Act, the proceeds to be applied in the augmentation of benefices and otherwise. † See 6 & 7 Wm. IV., c. 71, s. 90; 1 Vict., c. 69; 2 & 3 Vict., c. 62; 3 & 4 Vict., c. 15; 5 & 6 Vict., c. 54; 9 & 10 Vict., c. 73; 10 & 11 Vict., c. 104; 23 & 24 Vict., c. 93; and 31 & 32 Vict., c. 89.

one's beasts on another's lands; common of piscary, a liberty of fishing in another's waters; common of turbary, a liberty to dig turf on the ground of another. There is also a common of digging for coals, minerals, stones, and the like; and common of estovers, the right of taking necessary wood for the use or furniture of a house or farm off another's estate.

4. RIGHT OF WAY, the right of going over another man's ground. This must be understood to refer to private ways, in which a particular man may have an interest and a right, though another is the owner of the soil.

5. OFFICES are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging. For instance, public, as in the case of magistrates, or private, as of bailiffs, receivers, and the like, for a man may have an estate, either to him and his heirs, or for life, or for a term of years, or during pleasure only, save only that offices of public trust cannot be granted for a term of years, especially if they concern the administration of justice.

6. DIGNITIES bear a near relation to Offices, a species of incorporeal hereditaments in which a man may have a property or estate.

7. FRANCHISES are incorporeal hereditaments synonymous with a liberty,‚—a royal privilege, or branch of the Sovereign's prerogative subsisting in the hands of a subject, such as a county palatine, which is a function vested in a number of persons; or a royal forest, or a park enclosed; or a right to hold a fair and take tolls therein, and the like.

8. CORODY was a right of sustenance, to receive certain allotments of victuals and provisions for one's maintenance; in lieu of which, especially when due from ecclesiastical persons, a pension or sum of money is now substituted.

9. ANNUITIES are of much the same nature as corodies, except that they arise from temporal persons; whilst corodies are always due from spiritual incorporations. An annuity is very distinct from a rent-charge, with which it is frequently confounded; a rent-charge being a burden imposed upon and issuing out of lands, whereas an annuity is a yearly sum chargeable only upon the person of the grantor. So if a man, by deed, grant to another the sum of £20 per annum, without expressing