FEOFFMENT, in law, may be defined to be the gift of any corporeal purdita ment to another. He that so gives or enfeoffs is Called the feoffer; and the person enfeoffed is denominated the feoffee. But by the mere words of the deed the feoffment is by no means per fected. There remains a very material ceremony to be performed, called livery of seisin, without which the feoffee hath but a mere estate at will. Livery in deed is the actual tradition of the land, and is made either by the delivery of a branch of a tree, or a turf of the land, or some other thing, in the name of all the lands and tenements contained in the deed; and it may be made by words only, without the delivery of any thing ; as if the feoffer, upon the land, or at the door of the house, says to the feoffee, "I am content that you should enjoy this land according to the deed." This is a good livery to pass the free hold. The livery within view, or the livery in law, is when the feoffer is not actually on the land, or in the house, but, being in sight of it, says to the feoffee, "I give you yonder house, or land; go and enter into the same, and take pos session of it accordingly :" This livery in law cannot be given or received by an attorney, as livery in deed may; but on ly by the parties themselves. A feoff
ment cannot be made of a thing of which livery cannot be given, as of incorporeal inheritances, such as rent, advowson, common, &c.; though it be an advow son, &c. in gross. A man may either give or receive livery in deed by letter of attorney; for since a contract is no more than the consent of a man's mind to a thing, where that consent or concur rence appears, it were most unreasonable to oblige each person to be present at the execution of the contract, since it may as well be performed by any other person, delegated for that purpose by the parties to the contract.