the county, and as we have before seen, rent is now, since 33 & 34 Vict. c. 35, apportionable.

What are the various classes of incorporeal hereditaments, and some of their chief incidents?

(i.) They are either (1) appendant, or (2) appurtenant, that
is to say, they are annexed to corporeal hereditaments,
in the first case, either from time immemorial, in the
second by grant or prescription, and (3) in gross, i.e.,
they exist per se, separately and independently.
(ii.) Appendant and appurtenant pass with a grant of the
land, whether expressly mentioned or not.

(iii.) The same estates may be had in them as in corporeal
hereditaments, and they are subject to the same rules

of title.

(iv.) They cannot pass by feoffment, but by (1) grant; (2) reservation; (3) custom; and lastly by (4) prescription.

What is a title by prescription, and how does it differ from

custom?

It is where a man can show no other title to what he claims than that he and those under whom he claims have immemorially enjoyed it. It differs from custom therefore, in that prescription is a personal usage and custom a local one.

What were the common law rules with regard to a title by prescription?

(1.) The title is founded on actual usage.

(2.) The enjoyment must have been constant and peaceable.
(3.) The usage must have existed from time immemorial, of
which prescription a continuance of twenty years is
sufficient, or otherwise than by grant or license.

(4.) It must be certain and reasonable.

(5.) Either in a man and those whose estate he hath, or in a man and his ancestors.

(6.) A prescription in a que estate must always be laid in him that is tenant in fee.

(7.) A prescription cannot lie for a thing which cannot be raised by grant.

(8.) That what is to arise by matter of record cannot be prescribed for; and

(9.) A title by prescription does not confer that of purchaser.

How have the rules for prescription been modified by statute?

By 2 & 3 Will. IV. c. 71, no right of common or other profit or benefit to be taken and enjoyed from or upon lands (except titles, rents, and services,) shall if actually enjoyed by any person claiming right thereto, without interruption for thirty years, be defeated by showing that it was first enjoyed subsequent to the era of legal memory, and if enjoyed for sixty years, the right is made absolute and indefeasible, (i.e., in cases of disability of adverse party,) unless it shall appear that the same was taken and enjoyed, expressly made, or given for that purpose by deed or writing. With regard to rights of way and other easements, watercourses, and the use of water, the terms are twenty and forty years respectively, instead of thirty and sixty, and an uninterrupted enjoyment of lights for twenty years constitutes in every case an absolute and undefeasible right to them, any local usage or custom nowithstanding, unless it shall appear that the same was enjoyed by some consent or agrement expressly made or given by deed or writing; and there is provision that in the case of ways and watercourses where the servient tenement shall be held for life or a term exceeding three years, the time of enjoyment during such term is excluded from the forty years in the event of the person who may be entitled in reversion resisting the claim within three years after the term determines.

How may incorporeal hereditaments be extinguished?

(1.) By release, implied after a disuse for twenty years.
(2.) By livery of seisin, except in the case of franchises; but
even here it may be effected in case of revivor with
the Crown or forfeiture for their misuse or nonuser.
(3.) In the case of lights and watercourses by absolute
abandonment.

CHAPTER XXIX.

PROTECTION OF PURCHASERS AND MORTGAGEES AGAINST INSECURE TITLES.

What were the principal provisions of 25 & 26 Vict. c. 53?

This was "An Act to facilitate the proof of title to and the conveyance of real estates." It established an office of Land Registry, and contained provisions for the official investigation of titles, and for the registration of such as appeared good and marketable. It has, however, now been superseded by the Land Transfer Act of 1875 (38 & 39 Vict. c. 87).

State the principal provisions of 25 & 26 Vict. c. 67.

This Act is intituled an Act for obtaining a declaration of title, and it does not appear to be repealed, though seldom used. It empowers every person entitled to apply for the registration of an indefeasible title under 25 & 26 Vict. c. 53, i.e., persons claiming to be entitled to land in possession for an estate in fee simple, (copyholds and customaryholds are excluded,) or claiming power to dispose of such estates, to apply to the Court of Chancery by petition in a summary way for a declaration of title. The title is then investigated by the Court, and if the Court is satisfied that such a title is shown as it would have compelled an unwilling purchaser to accept, an order is made (on the conditions in the Act mentioned) that on some day not less than three months afterwards a declaration shall be made establishing the petitioner's title, unless cause is shown to the contrary; but no such order will be made until an affidavit of production of documents has been filed, or the non-production accounted for, and that all material facts have been disclosed. A copy of the order has to be served, deposited, and affixed as directed by the Act, and advertisements of such fact of so depositing such order inserted in such newspapers and on such days as the Court directs. Then, if no petition has been presented within the proper time, or has been refused, the Court will make the necessary declaration.

BOOK II.-PART II.

CHAPTER I.

THINGS PERSONAL AND THE PROPERTY IN THEM.

What do things personal comprise?

All goods and chattels, i.e., movables.

What do movables consist of?

(1) Inanimate things; (2) vegetable productions; (3) animals, the latter of which are subdivided into (1) feræ, and (2) domitæ naturæ.

How may a man be invested with a special property in animals feræ naturæ ?

(i.) Per industriam, by (1) reclaiming ; (2) confining them. It must also be remembered that they are (1) partly of the realty, and descend to the heir; (2) they are only his property so long as they continue in his possession, unless they have animum revertendi; (3) they are protected by law.

(ii.) Propter impotentiam, on account of their own inability, as in the case of the young of birds who have built in a man's trees.

(iii.) Propter privilegium, a special privilege in game, so long as they remain on his property.

What are incorporeal chattels, and what do they include?

They are the rights incident to corporeal chattels. They include (1) patent right; (2) copyright.

How may property in chattels personal arise? Give definitions. It arises either (1) in possession (i.e., when a person has the actual enjoyment of a thing), or (2) in action.

The former is again subdivided into two kinds-(1) absolute; (2) qualified.

Absolute property is where a man has such an exclusive right in the thing that it cannot cease to be his without his own act or default.

Qualified is such as is not in its nature permanent, but may sometimes subsist, and at other times not subsist. It arises (1) where the subject is incapable of absolute ownership, as in the case of animals feræ naturæ; (2) from the peculiar circumstances of the owners, as in cases of a bailment, finding, &c.

What is a chose in action? Give an example.

Where the man has not the actual or constructive occupation of the thing, but only the right to it, arising upon some contract, and recoverable by an action at law, as in the case of money due on a bond.

To what distinctions are personal chattels subject?

(i.) As to quantity of interest (1) may be absolute or (2) for life.

(ii.) As to time of enjoyment may be (1) in possession, or (2) in remainder created by deed or will.

(iii.) As to the number of the owners may be (1) in joint tenancy, and (2) in common; and it must be remembered that personal property may be converted (1) to the use; (2) upon trust for another.