CHAPTER THE TWENTY-FIFTH.

OF ALIENATION BY DEVISE. PP. 424-439.

DIFFERENCE between wills and testaments.-History of the rights
to devise lands before the conquest-What devises could be made
by the common law-Devises were first made of uses-Statute of
Wills, 32 Hen. 8, c. 1-What devises to corporations are valid—
Frauds under the statute of Wills-Statute of Frauds, 29 Car. 2,
c. 3-Construction of the statute of frauds as to wills-Statute of
Wills 1 Vict. c. 26-How freeholds may be devised-Copyholds-
Estates pur autre vie-Contingent interests-Rights of Entry-
What land will operates upon-Execution of wills-As to revoca-
tion of a will-When a will speaks-Remedies against devises-How
a devise is considered, and what it will pass-Rules of construc-
tion under 1 Vict. c. 26-General rules of construction of assu-
rances-1. According to the intention of the parties-2. Construc-
tion of words-3. Must be made of the entire deed-4. Must be
taken most strongly against the grantor-5. Must be construed ac-
cording to law-6. When two clauses are repugnant-7. Devises
are to follow the intention of the testator-Concluding reflections
on the law of real property.

CHAPTER THE TWENTY-SIXTH.

OF THINGS PERSONAL. PP. 440-444.

THINGS personal, what they are-

-How taxed formerly-What things
personal include-Chattels are of two kinds: chattels real and
chattels personal-1. Chattels real. How distinguished from a free-
hold estate-Chattels personal-Division of the work.

CHAPTER THE TWENTY-SEVENTH.

OF PROPERTY IN THINGS PERSONAL. PP. 444-454.

PROPERTY in chattels personal is either in possession or in action—

I. Absolute possession of property-Inanimate things-Animals

-Tame and wild-The rule partus sequitur ventrem-II. Qua-

lified possession of property-In wild animals-1. Per indus-

triam-How long this qualified property per industriam lasts—

2. Qualified property ratione impotentiæ-3. Qualified property,

propter privilegium-Other objects of qualified property-Property

may be qualified from the peculiar circumstances of the owner-

Bailment Property in action-Chose in action-The time of en-

joyment and number of owners of personal property-As to time of

enjoyment-As to the number of owners.

CHAPTER THE TWENTY-EIGHTH.

OF TITLE TO THINGS PERSONAL BY OCCUPANCY. PP. 455-465.

THE title to things personal-I. TITLE BY OCCUPANCY-1. Any one

may seize such goods as belong to an alien enemy—And obtain a

qualified property in his person-2. Moveables found on the surface

of the earth or sea-3. The benefit of the elements-4. As to

animals feræ naturæ-Game-5. Emblements-6. Property arising

from accession-7. Confusion of goods-8. Copyright in books, &c.

The Roman law as to this-Statutes for the protection of copyright

-Remedy for piracy-Patents.

CHAPTER THE TWENTY-NINTH.

OF TITLE BY PREROGATIVE AND FORFEITURE,

PP. 466-478.

II. TITLE BY PREROGATIVE-Tributes, taxes and customs.-The

king cannot have a joint property-Inherent franchises of the

crown-Prerogative copyright-The right to grant vested in the

crown-The history of this franchise-Before the conquest-After

the conquest-The forest laws established-Carta de foresta, 9

Hen. 3-Chases or parks granted by the crown- -Free warren-

Free fishery-Who were qualified by the common law to kill game-

Who may acquire property in game-III. TITLE BY FORFEITURe.

For what offences goods and chattels are forfeited-And when it

commences.

CHAPTER THE THIRTIETH.

OF TITLE BY CUSTOM. PP. 479-486.

IV. TITLE BY CUSTOM-1. Heriots-History of them-Now due
chiefly in copyholds-Of what the heriot consists-2. Mortuaries
-How the custom as to mortuaries stood-Mortuaries regulated

by 21 Hen. 8, c. 6.-3. Heir looms, what they are- -A devise of heir

looms is void.

CHAPTER THE THIRTY-FIRST.

OF TITLE BY SUCCESSION, MARRIAGE, AND JUDGMENT.

PP. 487-496.

V. TITLE BY SUCCESSION.-What sole corporations can take
chattels by succession-Exceptions to the general rule-VI.-TITLE
BY MARRIAGE-What property vests in the husband-Chattels

real and personal-Choses in action-Wife's paraphernalia-

Property settled to the separate use of the wife-VII. TITLE BY

JUDGMENT 1. Penalties given by statute to be recovered on an

action popular-2. Damages given by a jury-3. Costs and expenses

of suit.

CHAPTER THE THIRTY-SECOND.

OF TITLE BY GIFT, GRANT, AND CONTRACT. PP. 497-531.

VIII. TITLE BY GIFT OR GRANT-How they may be made-When

void—A gift or grant is accompanied with delivery of possession-

IX. TITLE BY CONTRACT-1. The agreement-Which may be

either express or implied-Or executed or executory-2. The

consideration-Valuable considerations divided into four species-

Consideration absolutely necessary-3. The things agreed to be

done or omitted-1. Sale or exchange-Where the vendor may

dispose of his goods-The goods cannot be carried away until they

are paid for Rights and powers of the vendee-Sales where the

vendor has no property in the goods-Sale in market overt―

Sale of horses-Warranty on sale of goods-2. Bailment―The

bailee has a qualified property in the goods pledged-3. Hiring and

borrowing-Money lent at interest-How far justifiable—Interest

on money lent, how regulated-1. Bottomry-2. A policy of in-

surance -On ships-On lives-Marine insurances-Wagering

policies-3. Annuities-The different rates of interest-Relaxation

of the usury laws-4. Debt-Debt of record-Debts by specialty

-Debts by simple contract-Bills of exchange-Which are either

foreign or inland-Promissory notes-The property of the payee-

How a bill or note is indorsed-Acceptance-Protest for non ac-

ceptance-Protest for non-payment-Remedies of the drawee of a

bill of exchange against the drawer and indorsers-Remedies of the

payee of a promissory note against the drawer and indorsers-

Shares in public companies.

X. TITLE BY BANKRUPTCY.—1. Who may become a bankrupt—The

Roman law of bankruptcy-The law of England-Confined to traders

-The statutes relating to the bankrupt laws-Interpretation of the

bankrupt acts-2. By what acts a man may become bankrupt—

3. The proceedings on a fiat of bankruptcy-Adjudication-Appoint-

ment of assignees-Official assignee-Surrender of bankrupt—

Examination of bankrupt, &c.-Discovery of bankrupt's estate-

Bankrupt's certificate-Bankrupt's allowance-When certificate

will not be allowed-4. The estate and property of the bankrupt,

how affected by his bankruptcy-IX. TITLE BY INSOLVENCY.

CHAPTER THE THIRTY-FOURTH.

OF TITLE BY TESTAMENT AND ADMINISTRATION. PP. 554-587.

XII-XIII. TITLE BY TESTAMENT AND ADMINISTRATION.-Di-

vision of the chapter-I. The original of testaments and administra-

tions The history of testaments-1 Vict. c. 26.—II. Who may

make a testament.-III. The nature and incidents of a will-Tes-

taments were divided into written and nuncupative-IV. Executor

and administrator how appointed-Where several letters of adminis-

tration are granted-The interest of executor and administrator, how

kept up-V. Office and duties of executors and administrators-1.

To bury the deceased-2. To prove the will-Or take out letters of

administration—3. To make an inventory-4. To collect the goods

-5. To pay the debts of the deceased-Decrees in equity, under

the latter statute, 1 & 2 Vict. c. 110.-6. To pay legacies-Legacy-

General-Specific-Lapsed-Vested and contingent-Donatio causa

mortis-7. To pay the residue to the residuary legatee-Where the

executor is entitled to the residue, and where the next of kin-

Statutes of distribution, 22 & 23 Car. 2, c. 10, and 29 Car. 2, c. 30

-Observations on them-Division per capita and per stirpes-

Customs of certain places excepted out of the statutes of distribu-

tion-Customs of the city of London, the province of York, &c.—

Where they differ.

APPENDIX

No. I.-A modern feoffment to uses to bar dower.

No. II. A modern conveyance by lease and release.

No. III. A mortgage in fee.

No. IV. An obligation or bond, with condition for the payment of

money,

No. V.-Deed for barring an entail, under the statute 3 & 4 W. 4. c. 74.

PRINCIPLES

OF THE

LAW OF PROPERTY.

CHAPTER THE FIRST.

OF PROPERTY IN GENERAL.

things, or

minion.

THE objects of our inquiry in this volume will be the jura Rights of rerum, or those rights which a man may acquire in and to rights of dosuch external things as are unconnected with his person. These are what the writers on natural law style the rights of dominion, or property, concerning the nature and original of which I shall first premise a few observations, before I proceed to distribute and consider its several objects. There is nothing which so generally strikes the imagi- Their origin. nation, and engages the affections of mankind, as the [ 2 ] right of property; or that sole and despotic dominion. which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. And yet there are very few that will give themselves the trouble to consider the original and foundation of this right. Pleased as we are with the possession, we seem afraid to look back to the means by which it was acquired, as if fearful of some defect in our title; or at least we rest satisfied with the decision of the laws in our favour, without examining the reason or authority upon which those laws have been built. We think it enough that our title is derived by the grant of the former proprietor, by descent from our ancestors, or by the last will and testament of the dying

B