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A., and west on oyster grounds of B., and contained, by estimation, eight hundred acres of land covered with water, or thereabouts," on the words of this grant it was held that it did not pass a mere easement, but the soil, so far at least as the surface was concerned, and that the property conveyed by the deed shifted with high and low-water mark, and that as they had varied since the term of the grant, so also the property conveyed by the deed varied. (a)

VI. TITLES OF OFFICES.

Offices may be held in fee, 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, for then they might, perhaps, vest in executors and administrators. (b) And by statutes 5 & 6 Ed. VI. c. 16, extended by the 49 Geo. III. c. 26, no public office can be sold under pain of disability to dispose of or hold it.

An officer in the king's service cannot assign his half-pay, because he has no fixed interest in it, as it depends on the bounty of the crown. (c) Nor can an officer pledge his commission. (d) A pension for past services may be aliened, but not one for the perform

(a) Scratton v. Brown, 4 B. & C. 485; 6 Dow. & Ry. 536; and see Blundell v. Cateral, 5 B. & A. 268. Buzzard and others v. Capel and another, & B. & C. 141; and see, as to remedies for injuries against inroads of the sea, Rex v. Commissioners of

Sewers for Level of Pagham, 8 B. & C.

355. Henly v. Mayor and Burgesses of Lyme, 5 Bing. 91.

(b) 9 Co. 97.

(c) Flarty v. Odlum, 3 T. R. 681. Lidderdale v. Montrose, 4 T. R. 248. Stone v. Lidderdale, 2 Anst. 533.

(d) Collyer v. Fallon, 1 Cov. Pow. Mort. 59. n. (C.)

ance of future duties, (a) unless the grant be to the pensioner and his assigns. (b) The profits arising from offices connected with the administration of justice, or requiring personal skill and experience, as the office of clerk of the peace; (c) or the office of a registrar of a consistorial court, though a deputy might be appointed, cannot be assigned. (d) The salaries of the judges and other civil officers, and the benefices of the clergy with cure, stand in the same situation. (e) But it has lately been held, that the fees of clerk to the deputy registrar of a prerogative court may be assigned; (f) and perhaps a covenant to settle fees for certain particular purposes would not come within the meaning of the 5 & 6 Ed. VI. c. 16, against the sale of offices. (g) But the profits of offices which merely require common diligence, as king's printer, park-keeper, &c., or such offices as are merely ministerial in courts of justice, may it seems be assigned. (h)

The purchaser of a pension granted by his late majesty, during pleasure, and which ceased by the

(a) Davis v. Duke of Marlborough,

1 Swanst. 174; 2 Wils. C. C. 130. S. C.

(b) M'Carthy v. Goold, 1 Ball & B. 389.

(c) Palmer v. Vaughan, 3 Swanst. 173. Palmer v. Bate, 6 Moo. 28; 2 Br. & Bing. 673.

(d) Wheeler v. Trotter, 3 Swanst.

174.

(e) Sir Geo. Reynel's case, 9 Co. 97 b. Flarty v. Odlum, 3 T. R. 681; 13 Eliz. 20; 43 Geo. III. c. 84. s. 10; 66 Geo. III. c. 99, and post; Hunt v. Singleton, Cro. Eliz. 564. Mongs v.

Leake, 8 T. R. 411; and see Priddy
v. Rose, 3 Mer. 86; 2 S. & S. 32.
Meade v. Lenthal, Cro. Car. 587.
Sutton's case, 9 Mod. 57; Ld.
Raym. 1005, S. C. Howard v. Wood,
Sir W. Jones, 126; 2 Lev. 245. S. C.

(f) Aston v. Gwinnell, 3 Yo. & Jer. 136; and 6 G. IV. c. 16. s. 73.

(g) See 7 Park. & Stew. Cont. Byth. 13, n. (b.) and 328.

(h) Veale v. Prior, Hard. 352. Zouch v. Sir E. Moore, 2 Roll. Rep. 274; Bro. Ab. Lease, 40. And see Greville v. Jones, 9 B. & C. 462.

demise of the crown, is not entitled to a pension of the same amount and for the same motive, granted by the present king. (a)

VII. TITLES OF ANNUITIES AND RENT-CHARGES.

Annuities, by way of rent-charge, are frequently granted to a person and his heirs for a life or lives, ininstead of being granted for years determinable with the decease of a person, or the survivor of several persons. When such an annuity is derived out of a freehold interest, the annuity will, on intestacy, be transmissible, and belong to the heirs of the grantee; but every annuity granted out of a chattel interest, will go to the executors or administrators, although it be limited to the grantee and his heirs for a life or lives. (b)

If a lessee for years grant to another a rent out of his land for the life of the grantor, this is a good grant during the term, if the grantor should so long live; for the grant shall be taken most strongly against the grantor. (c)

The court will decree a specific performance of a contract for the sale of a life annuity at the suit of the vendor, though the cestui que vie be dead at the time of the decree. (d)

Where a memorial is required by the acts, (e) it must be seen that this requisite has been properly attended to.

(a) Clay v. St. John, 2 Sim. & Stu. 32.

(b) Butt's case, 7 Co. 23; 1 Prest. Abs. 446.

(c) Butt's case, 7 Co. 23; 2 Prest. Abs. 1.

(d) Mortimer v. Capper, 1 B. C. C.

156. Jackson v. Lever, 3 B.C. C. 605. Paine v. Meller, 6 Ves. 352. Coles v. Trecothick, 9 Ves. 246. Kenny v. Wexham, 6 Madd. 355.

(e) 17 Geo. III. c. 26; and 53 Geo. III. c. 141.

When the deed requires a memorial, and no memorial is filed within the limited time, the deed itself and all its provisions are absolutely void, so that there is no change in the legal or equitable estate. (a)

Where an apportioned rent is sold, if it be sold as such, the purchaser cannot object that he will not have the same remedies as if the rent were entire. (b)

VIII. Here we may shortly mention a few rights and privileges, analogous to those which have been discussed, which cannot be assigned.

A rookery cannot be conveyed or mortgaged, as no person can have a property in it. (c) Nor can a flowing stream of water; for all the king's subjects have a right to use it. (d)

So also dignities, which can only be granted by the crown, cannot be assigned for years. (e)

(a) 3 Prest. Abs. 101.

(b) Bliss v. Collins, 4 Mad. 229. S. C.; 1 Jac. & W. 426. Walter v. Maunde, 1 Jac. & W. 181.

(c) Hannam • Mockett, 4 Dow. & Ry. 518; 2 B. & C. 934.

(d) Williams v. Moreland, 2 B. & C. 910; 4 Dow. & Ry. 518. And see Davis v. Morgan, 4 B. & C. 8; 6 Dow. & Ry. 42.

(e) Co. Litt. 16 b; Sir Geo. Reynel's case, 9 Co. 97 b.

CHAPTER IX.

OF ABSTRACTS OF TITLE OF PERSONAL CHATTELS.

THE title of personal chattels is now to be considered. (a)

All personal chattels may be disposed of to whomsoever and in whatever manner the vendor pleases, provided judgment has not been obtained against him for a debt or damages, and the writ of execution has not been actually delivered to the sheriff; (b) and even afterwards, until actually seized by the sheriff; provided they are bonâ fide sold in market overt to an innocent vendee without notice of the execution, (c) except as against the king. (d)

The contracts for the sale of almost all personal chattels are either verbal or short memoranda in writing, sufficient to bring them within the 17th section of the Statute of Frauds, (e) and end with each separate transaction. No abstract of title to them is either given or demanded. The ownership is pre

(a) See some general observations as to personal chattels, ante, p. 94. (b) 2 Bla. Com. 447; 29 Car. II.

c. 3. s. 4.

(c) Ross on the Law of Vendors &

P. 172, 2nd edition.

(d) Fleetwood's case, 8 Co. 171. The King v. Mann, 2 Str. 754. (e) 29 Car. II. c. 3.

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