3. When does the law allow the marriage contract to be good and valid? 433.

6. In what case shall a second husband be charged to maintain his wife's child by her first

7. What does the statute 32 Hen. VII. & 38 declare as to marriages? 435.

10. What is the law as to disinheriting children

10. What is the second? 436. 11. What is the third? 437.

12. To what penalty is that clergyman liable who marries a couple either without publication of banns or without a license? 437.

13. To what penalty is he liable, by statute 4 & 5 Ph. and M. c. 8, who marries a female under the age of sixteen years without consent of her parents or guardians? 437.

14. What marriages without consent are void by statute 26 Geo. II. c. 33? 437, 438.

15. What is the fourth legal incapacity to contract marriage; and what has the statute 15 Geo. II. c. 30 provided as to this incapacity? 438, 439.

16. How must a marriage be celebrated to make it valid? 439, 440.

17. In what two ways may marriages be dissolved? 440.

18. What are the two kinds of divorce? 440. 19. For what cause must the first kind of divorce be? 440.

20. For what cause must the second kind of divorce be? 440, 441.

21. In case of divorce a mensa et thoro, what does the law allow to the wife? 441.

22. What is the writ de estoveriis habendis? 441.

23. But in what case does the law allow no alimony? 442.

24. What are the legal consequences of marriage? 442.

25. For what debts of the wife is the husband liable? 442, 443.

26. Is there not one case where the wife shall sue and be sued as a feme sole? 443.

27. Is there not one case where a wife, by statute 3 Hen. VII. c. 2, can be evidence against her husband? 443.

28. What is the only deed a wife can execute? 444.

29. What restraint may a husband lay upon his wife in case of gross misbehaviour? 444,

445.

CHAP. XVI.-Of Parent and Child.

1. WHAT is the third and most universal private economical relation of persons? 446.

2. Of what two sorts are children? 446. 3. Who is a legitimate child? 446.

4. What are the three legal duties of parents to legitimate children? 446.

5. In what case may the churchwardens and overseers of the parish seize the parent's rents, goods, and chattels and dispose of them towards the child's maintenance? 448.

11. What may a parent do for a child, as its protector, towards others? 450.

12. In what one case does the law interfere between a parent and his child in regard to education? 451.

13. From what is the power of parents over their children derived? 452.

14. What power do our laws give a parent over his child? 452, 453.

15. When does that power cease? 453.

16. Whence do the duties of children to their parents arise? 453.

17. What are those duties? 453, 454. 18. Do these duties cease upon any misbehaviour of the parent? 454.

19. Who is a bastard? 454.

20. Why is our law on this head superior to the Roman? 455.

21. What is a writ de ventre inspiciendo; and by whom and when may it be sued out? 456.

22. If a man dies, and his widow marries again so soon that, by the course of nature, the child of which she shall be delivered might have been begotten by either husband, which shall be the child's father? 457.

23. In what cases may children born during wedlock be bastards? 457.

24. What is the duty of parents to their bastard children? 458.

25. What is the method in which the English law provides maintenance for bastards? 458.

26. What are the rights of a bastard? 459. 27. What is the principal incapacity of a bastard? 459.

28. How may a bastard be made legitimate? 459.

CHAP. XVII.-Of Guardian and Ward.

1. WHAT is the fourth private economical relation of persons? 460.

2. What is the first species of guardian; and who is that guardian? 461.

3. If the father assign no guardian to his daughter under the age of sixteen years, who shall be her guardian? 461.

4. What and who is the second species of guardian? 461.

5. What is the third species of guardian; when does it take place; upon whom does that guardianship devolve till the minor is presumed to have sufficient discretion to choose his own guardian; and at what age does that presumption take place? 461, 462.

6. What is the fourth species of guardian; how may it be appointed; and who may accept the appointment? 462.

7. What are the power and reciprocal duty of a guardian and ward? 462.

8. What is the guardian bound to do when the ward comes of age? 463.

9. Under whose control are guardians? 463. 10. What are the different ages at which male and female are competent to different purposes? 463.

11. On what day is the full age of male and female completed? 463.

12. How can an infant be sued? 464. 13. How can he sue? 464.

14. At what age may an infant be capitally punished? 464.

15. What if an infant neglect to demand his right? 465.

16. What estates may an infant aliene? 465. 17. What legal act may an infant do? 465. 18. How may an infant purchase lands? 466. 19. What deed can an infant make which is not afterwards voidable? 466.

20. How may an infant bind himself by con

tract? 466.

CHAP. XVIII.-Of Corporations.

1. WHAT are bodies politic, bodies corporate, or corporations; and for what purpose are they constituted? 467.

2. What is the first division of corporations? 469.

3. How are these incorporations again divided? 470.

4. Of what two sorts are lay corporations? 470.

5. What is absolutely necessary to the erection of a corporation? 472.

6. In what sort of corporations is the king's implied consent to be found? 472.

7. What are the two methods by which the king's consent is given? 473.

8. What is necessary to the very being of a corporation? 475.

9. What are the five powers incident to all corporations? 475, 476.

10. What are those privileges and disabilities that attend aggregate corporations and are not applicable to such as are sole? 476, 477.

11. May either kind of corporation take goods and chattels for the benefit of themselves and their successors? 477.

12. Who have the right to give laws to ecclesiastical and eleemosynary foundations? 477.

13. What acts can aggregate corporations, that have by their constitution a head, do during the vacancy of the headship? 478.

14. In aggregate corporations what determines the act of the whole body; and what is enacted by statute 33 Hen. VIII. c. 27 as to any private statutes made by founders of corporations in derogation of the common law in this particular? 478.

15. How do the statutes of mortmain effect corporations? 479.

16. What is the general duty of corporations?

480.

17. How is this duty enforced? 480.

18. Who is the visitor of ecclesiastical corporations? 480.

19. Who is the visitor of lay corporations? 480.

20. What does the law mean by the distinction of fundatio incipiens and fundatio perficiens; and why is the king the visitor of all lay civil corporations, and the endower the visitor of all lay eleemosynary ones? 481.

21. Where shall the king exercise this his jurisdiction? 481.

22. May there not be another visitor of lay eleemosynary corporations than the founder? 482.

23. What has been long held as to the visitation of hospitals, spiritual and lay; what does the statute 14 Eliz. c. 5 direct on the subject; and by whom are all the hospitals founded by the statute 39 Eliz. c. 5 to be visited? 482.

24. Are colleges lay or ecclesiastical corporations? 483.

25. To whom do the lands and tenements of a corporation revert upon its dissolution? 484. 26. What becomes of the corporation's debts upon its dissolution? 484.

27. By what four methods may a corporation be dissolved? 485.

28. What is an information in nature of a writ of quo warranto; and when may it be brought? 485.

29. What is enacted as to the franchises of the city of London? 485.

30. What is provided against the dissolution of corporations? 485.

CHAP. I.—Of Property in General.

1. WHAT do the writers on natural law style those rights which a man may acquire in and to such external things as are unconnected with his person? 1.

2. In what has all dominion over external things its original? 2.

3. In those times when all things were in common among men, what first gave to one man a transient property in the use of a thing? 3.

4. What circumstances must soon have pointed out the necessity of appropriating to individuals not the immediate use only, but the substance, of the thing to be used; and how must that property have been originally acquired? 4-9.

5. What was the origin of conveyances, wills, keirships, and escheats? 9-13.

6. But are there not some few things which are capable only of a transient usufructory property, and which must therefore still remain in common? 14.

7. And are there not other things in which a permanent property may subsist, and which yet would be frequently found without a proprietor had not the law provided a remedy for this inconvenience? 14, 15.

CHAP. II.—Of Real Property; and, first, of Corporeal Hereditaments.

1. WHAT are the objects of dominion or property, as contradistinguished from what? 16. 2. Into what two kinds are things, by the law of England, distributed? 16.

3. What is the commentator's definition of the first kind of things? 16.

aliene their estates without the consent of each other? 57.

16. Whence came feodal tenures to be divided into feodal propria et impropria; and what was the difference between such feuds? 57, 58.

CHAP. V. Of the Ancient English Tenures.

1. WHY are the words tenement, tenant, and tenure so universally applied in speaking of all the real property of the kingdom? 59.

2. Who is the lord paramount of England? 59.

3. Who were called tenants paravail? 60. 4. Who were called tenants in capite? 60. 5. Of what two kinds, in respect of their quality, were the services that were due on account of the four principal species of lay tenure, to which all other tenures that subsisted among our ancestors may be reduced? 60.

6. Of what two kinds were they in respect of their quantity and the time of exacting them? 60.

7. What were free services? 60.

8. What were base services? 61.

9. What were the certain services? 61. 10. What were the uncertain services? 61. 11. What, according to Bracton, were these four principal species of lay-tenure, to which all other tenures that subsisted among our ancestors may be reduced? 61, 62.

12. What constituted a tenure by knight-service, and what was the service? 62.

13. What was this tenant's reditus, his rent or service, for the land he claimed to hold? 62.

14. What were the seven fruits and consequences inseparably incident to this tenure? 63. 15. What were the three principal aids which were taken by the lord of this tenant? 63.

16. What did king John's magna carta ordain as to aids? 64.

17. What did the statute called confirmatio chartarum ordain as to aids? 64.

18. What did the statute of Westminster fix as to aids ? 65.

19. What was relief, and how was it compounded for? 65, 66.

20. What was primer seisin? 66. 21. What was wardship? 67.

22. What was livery or ousterlemain? 68. 23. What was an inquisitio post mortem? 68. 24. Who was compelled to receive the order of knighthood or to pay a fine to the king? 69. 25. What was the right of marriage (maritagium, as contradistinguished from matrimonium)? 70.

26. What were fines upon alienation? 71.
27. What was an attornment? 72.
28. What was escheat? 72.

29. What was the tenure by grand serjeanty, per magnum servitium? 73.

30. What was tenure by cornage? 74.

31. What was tenure by scutage, or escuage, servitium scuti? 74.

32. What did magna carta declare as to scutage? 74.

33. By what means were all the advantages of the feodal constitution destroyed? 75. 34. To whom do we owe the plan for the abolition of the feodal system? 76, 77.

85. What actually gave it its death-blow? 77.

CHAP. VI. Of the Modern English Tenures.

1. WHAT, in its most general and extensive signification, is socage, to which all tenures, except | frankalmoign, grand serjeanty, and copyhold, were reduced upon the abolition of the feodal system? 78, 79.

2. Of what two sorts is socage? 79.

3. What is the etymology of the word? 80, 81. 4. Does free and common socage tenure remain in any part of England to this day; and what people's liberty does that remnant prove socage to have been? 81.

5. Since the certainty of its services is the grand criterion of socage, what will this species of tenure include? 81.

83.

6. What is petit-serjeanty? 82.

7. What is tenure in burgage? 82.

8. What is the custom of borough-English?

9. What are the four distinguishing properties of tenure in gavelkind? 84.

10. In what points does tenure in free socage partake of the feodal nature? 85-89.

11. But wherein did the socage and the feodal tenures widely differ as to service, relief, wardship, and marriage? 86-89.

12. When was the feodal tenure abolished and sunk into the socage? 89.

13. What species of our modern tenures has arisen from pure villenage? 90.

14. What is a manor? 90.

15. What was the difference between book-land and folk-land? 90.

16. What is a court-baron; and what happens if the number of suitors should not be sufficient to make a jury of two? 90, 91.

17. What is an honour? 91.

18. What did the 32d chapter of magna carta, 9 Hen. III., and the statute of Westminster, declare as to all sales or feoffments of land; and what is now therefore essential to a manor? 91,

92.

28. From what has been premised, what two indispensable principles of copyhold tenure may we collect? 97.

29. In what degree have the customs of manors superseded the will of the lord? 97.

30. What four fruits and appendages has a copyhold tenure, whether of inheritance or for life, in common with free tenures? 97.

31. What three besides has a copyhold 97. 32. What is a heriot? 97.

33. What is wardship in copyhold estates? 98. 34. What are fines; and what has the law de

clared to be the ultimatum of their amount? 98.

35. What was privileged villenage or villein 80cage? 99.

36. What species of our modern tenures has arisen from this ancient one? 99.

37. Of what does ancient demesne consist? 99. 38. What immunities have tenures of ancient demesne? and in what do lands holden by this tenure differ from common copyholds? 99-101.

39. To what two species are all lay tenures now in effect reduced? 101.

40. What is that tenure of a spiritual nature which was reserved by the statute of Charles II.? 101.

41. To what services only are the holders of lands under this tenure liable? 101, 102.

42. Wherein did this tenure materially differ from what was called tenure by divine service? 102. 43. Can lands be given to be held by this tenure now? 102.

22. What is the first division of the several species of estates tail? 113.

23. What is tail general? 113.

24. What is tail special? 113, 114.

25. By what distinction are estates in general and special tail further diversified? 114.

26. What word is necessary to make a fee-tail? 114, 115.

27. Is there not another species of entailed estates, now grown out of use, but still capable of subsisting in law? 115.

28. What is this defined to be? 115.

29. What are the four incidents to a tenancy in tail under the statute of Westminster the second? 115, 116.

30. What and when was declared the first sufficient bar of an estate tail? 116, 117.

31. Can an estate tail be forfeited to the king upon any conviction of high treason? 117, 118. 32. Do leases made by tenants in tail bind the issue in tail? 118.

1. WHAT does an estate in lands, tenements, and hereditaments signify? 103.

2. To ascertain this signification with proper accuracy, in what threefold view may estates be considered? 103.

3. What is the primary division of estates with regard to their quantity of interest? 104.

4. How does the commentator define an estate of freehold? 104.

5. What is the twofold nature of estates of freehold (thus understood)? 104.

6. Into what two species are estates of freehold of the former nature again divided? 104.

7. Who is tenant in fee simple or tenant in fee? 104.

8. What, and in contradistinction to what, is the true meaning of the word fee? 104, 105.

9. By what words do we, in the most solemn acts of law, express the highest estate that any subject can have? 105.

10. In contradistinction to what has the word fee the adjunct of simple annexed to it? 106. 11. Of what species of hereditaments can a man not be said to be seised IN HIS DEMESNE as of fee? 106, 107.

12. What word is necessary, in the grant or donation, in order to make a fee or inheritance? 107, 108.

13. But by what five exceptions is this rule now softened? 108, 109.

14. Into what two sorts may we divide limited fees? 109.

15. What is a base or qualified fee? 109. 16. What was a conditional fee at the common law? 110.

17. What did our ancestors hold with regard to the condition annexed to such a fee? 110, 111. 18. But what if the tenant did not in fact aliene the land, and if then both the tenant and the issue died? 111.

19. What did the statute of Westminster the second (commonly called the statute de donis conditionalibus) enact as to conditional fees? 112.

20. Whence is the origin of fee-tail and reversion? 112.

21. What things may, and what may not, be entailed under the statute de donis? 113.

118.

34. What exceptions were made by this staVIII. c. 20 as to common recoveries? 118, 119. tute as to fines, and by the statute 34 & 35 Hen.

35. Of what debts are estates tail liable to the payment? 119.

36. What appointment of lands entailed by tenant in tail is good without fine or recovery?

119.

37. What difference is there, then, between the

present estates tail and the old conditional fees after the condition was performed? 119.

CHAP. VIII.-Of Freeholds not of Inheritance.

1. Or what two species are such estates of freehold as are not of inheritance, but for life only?

120.

2. In what two ways may an estate of the first species be created? 120, 121.

3. What is a tenant pur auter vie? 120. 4. Against whom (with what exception) does the law say that all grants are to be taken most strongly? 121.

5. Are there not some estates for life which may determine before the life expires? 121.

6. Why, in conveyances, is the grant usually made "for the term of a man's natural life"? 121.

7. What are the two principal incidents to all estates for life? 122.

8. What are emblements? 122.
9. Who is a cestuy que vie? 123.

10. When is a tenant for life not entitled to emblements? 123.

11. Are the advantages of emblements extended to the parochial clergy? 123.

12. What incidents have under-tenants or lessees of estates for life above their lessors? 123. 124.

13. What is the estate for life (of the second species of such estates) of a tenant in tail after possibility of issue extinct? 124.

14. By what only is a possibility of issue extinct in law? 125.

15. Wherein does this estate partake both of an estate-tail and an estate for life? 125, 126. 16. What is a tenancy by the curtesy of England? 126.