OF GUARDIAN AND WARD.................. 460 to 464 1. The fourth private relation is that of guardian and ward, which is plainly derived from the preceding; these being, during the continuance of their relation, reciprocally subject to the same rights and duties........

2 Guardians are of divers sorts: I. Guardians by nature, or the parents. 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 all purposes, is the age of twenty-one years, (different ages being allowed for different purposes;) till which age the person is an infant.

460

461

463

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....... 464 CHAPTER XVIII.

OF CORPORATIONS........................... 467 to 484

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........ .......................... Page 467 2. Corporations are, I. Aggregate, consisting 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, I. Civil; erected for many civil purposes. II. Eleemosynary; erected to perpetuate the charity of the founder.

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 corporations
are, I. To maintain perpetual succes-
sion. II. To act in their corporate ca-
pacity like an individual. III. To hold
lands, subject to the statutes of mort-
main. IV. To have a common seal.
To make by-laws. Which last power,
in spiritual or eleemosynary corpora-
tions, may be executed by the king or
the founder.......

V.

6. The duty of corporations is to answer 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, I. By act of parliament. II. By the natural death of all their members. III. By the surrender of their franchises. IV. By forfeiture of their charter..........

469

470

472

475

479

480

48-1

CHAPTER I.

2

OF PROPERTY IN GENERAL... .Page 2 to 14 1. All dominion over external objects has its original from the gift of the Creator to man in general.... 2. 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 3. 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, 5 4. Lest this property should determine by

.....

3

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........ ....9-11 5. 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,

14

16

1st. OF CORPOREAL HEREDITAMENTS......16 to 18 1. In this property, or exclusive dominion, consist the rights of things; which are, I. Things real. II. Things 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 of acquiring and losing them........

8. All the several kinds of things real 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

4. Hereditaments, therefore, or whatever may come to be inherited, (being the most comprehensive denomination of things real,) are either corporeal or incorporeal ......

16

16

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 ancient 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. ........24-31

5. Common is a profit which a man hath in the lands of another; being, I. Common of pasture; which is either appendant, appurtenant because of vicinage, or in gross. II. Common of piscary. III. Common of turbary. IV. Common of estovers, or botes.... .........32-35

6. Ways are a right of passing over another man's ground

7. Offices are the right to exercise a public, or private, employment ....

35

36

17

5. 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 either above or beneath it..................................................17, 18

of court; subject to reliet and to escheat, but not to r ject also formerly to aids, and fines for alienation..... 4. Pure villenage was a p slavish tenure, at the absol lord, upon uncertain servic

nature..........

5. From hence, by tacit c croachment, have arisen copyholds, or tenure by roll; in which lands may the (nominal) will of the l lated) according to the

CHAPTER V.

58

OF THE ANCIENT ENGLISH TENURES....... 61 to 77 1. The distinction of tenures consisted in the nature of their services: as, I. Chivalry, or knight-service; where the service was free, but uncertain. II. Free socage; where the service was free, and certain. III. Pure villenage; where the service was base, and uncertain. IV. Privileged villenage, or villein socage; where the service was base, but certain 61-78 2. The most universal ancient tenure was that in chivalry, or by knight-service; 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...............................

manor.......

6. These are subject, like s services, relief, and eschea heriots, wardship, and fine and alienation..... Privileged villenage, or vi an exalted species of co upon base but certain ser ing only in the ancient d crown; whence the tenure the tenure in ancient deme 8. These copyholds of an

have divers immunities an tenure; but are still he court-roll, according to the manor, though not at lord.........

9. Frankalmoign is a tenu services at large; wherel siastical and eleemosyna now hold their lands a being of a nature distinct divine service, in certain..

CHAPTER

1. Estates in lands, tenemer taments are such interes hath therein; to ascertain considered, I. The quant II. The time of enjoym number and connection nants..........

2. Estates, with respect to of interest, or duration, hold or less than freehold 3. A freehold estate, in lan created by livery of se law; or, in tenements of nature, by what is equiva 4. Freehold estates are e inheritance, or not of i for life only and in I. Absolute, or fee-simp fees....

5. Tenant in fee-simple i lands, tenements, or h hold to him and his heirs 6. Limited fees are, I. Qu fees. II. Fees conditio mon law..

7. Qualified, or base, fees

having a qualification su are liable to be defeated fication is at an end......

Page 110

8. Conditional fees, at the common law,
were such as were granted to the donee,
and the heirs of his body, in exclusion of
collateral heirs......
9. These were held to be fees, granted on
condition that the donee had issue of his
body; which condition being once per-
formed by the birth of issue, the donee
might immediately aliene the land; but,
the statute de donis being made to prevent
such alienation, thereupon, from the divi-
sion of the fee (by construction of this
statute) into a particular estate and re-
version, the conditional fees began to be
called fees-tail.

....111, 112 10. All tenements real, or savouring of the realty, are subject to entails...... ........ 113 11. Estates-tail may be, I. general, or special: II. male, or female; III. given in frank-marriage.....

113-115

OF ESTATES LESS THAN FREEHOLD...140 to 150 1. Estates less than freehold are, I. Estates

for years. II. Estates at will. III. Estates at sufferance...... ......... 140-150 2. An estate for years is where a man, seised of lands and tenements, letteth them to another for a certain period of time, which transfers the interest of the term; and the lessee enters thereon, which gives him possession of the term, but not legal seisin of the land........... 3. Incident to this estate are estovers; and also emblements, if it determines before the full end of the term....................144-45 4. An estate at will is where lands are let

by one man to another, to hold at the will of both parties, and the lessee enters thereon.....

5. Copyholds are estates held at the will of the lord, (regulated) according to the custom of the manor...

6. An estate at sufferance is where one comes into possession of land by lawful title, but keeps it afterwards without any title at all.........

CHAPTER X.

140

145

14/

150

4. Estates on condition expressed are where an express qualification or provision is annexed to the grant of an estate.......... 154 5. On the performance of these conditions, either expressed or implied, (if precedent,) the estate may be vested or enlarged, or, on the breach of them, (if subsequent,) an estate already vested may be defeated .154-55

6. Estates in gage, in vadio. or in pledge, are estates granted as a security for money lent; being, I. In vivo vadio, or living gage; where the profits of land are granted till a debt be paid, upon which payment the grantor's estate will