OF REAL AND PERSONAL ESTATES.
1. The objects of dominion or property are things, which are by the law of England distributed into two kinds ; things real, and things personal. Things teal, are such as are permanent, fixed, and immoveable, which cannot be carried out of their place, as lands and tenements ; things personal are goods, money, and all other moveables, which may attend the owner's person wherever he thinks proper to go.
2. Flereditaments, by which is meant whatever may be inherited, are of two kinds, corporeal and incorporeal. Corporeal consist of such as affect the senses, such as may he seen and handled by the body : incorporeal are not the object sensation, can neither be seen nor hand are creatures of the mind, and exist only in contem plation.
3. Corporeal hcrcditarnents consist wholly of substantial and permanent objects ; all winch may be comprehend ed under the general denomination of land only. For land comprc hends, in its legal signification, any ground, soil, or earth v hawaevcr. It legally includes also all castles, houses, and other buildings ; for they consist of two things; land, which is the foundation, and the structure there upon : so that if I convey the land or ground, the struc ture or building passes therewith. Land has also, in its legal signification, an indefinite extent upwards as well as downwards. Cujus est solum, ejus est usque ad 4. Incorporeal hereditaments are collateral to, and issue out of things corporeal ; such as advowsons, tithes, com mons, ways, offices, dignities, franchises, corodies, annui tics, rents, Ste. These we shall briefly consider, and diet] return to corporeal hereditaments.
5. advowson is the right of presenta tion to a church ; and he who has such right is called the patron of that particular church. If annexed to or in pos session of the manor from whence it sprung, it is called appendant, and will pass with the manor, but if once separ ated, it becomes an advowson in gross, or at large, and is also either presentative, where the patron has the presen tation ; or collative, where the bishop and patron are one and the same person ; or donative, where the king, or sub ject by his licence, founds a church or chapel, and ordains that it shall be solely in the gift of the patron.
6. Tithes are the tenth part of the increase of the pro fits of land and stock, given as a remuneration to the mi nisters of the gospel. They are predial, when of corn, grass, hops, and wood ; mixed, as of wool, milk, pigs, &c. ; personal, as of manual occupations, trades, fisheries, and the like. Animals that are fern nature are not tith able.
No composition for tithes made since the 13th Eliz. c. 10. is good for any longer term than three lives, or twenty one years. Land may be either wholly or partially dis charged of tithes by custom, and such custom is either de inodo decimandi, or de non decimando. A modus decimandi, is the taking of tithes in any other way than in kind ; but this must be certain, invariable, and beneficial to the par son. A modus for one species of tithes will not discharge the payment of another. If a modus is so rank and large, that it could not have been made before or in the time of Richard i. it is bad.
A prescription de non decimando, is a claim to be entire ly discharged of tithes, and is personally confined to the king and clergy.
7. Commons.—Common of pasture is the right of feed• ing cattle on auother's land, the property in the soil or com mon land being in the lord. Such common may be without stint as to number and time. Common of piscary is the liberty of fishing. Common of turbary is the right of car rying away the soil. Common of estovers is the liberty of taking necessary wood for the use or furniture of a house or farm. A tenant may take reasonable botes or estove•s, • unless restrained by covenant.
8. A right of way may either be enjoyed solely, or by any number of persons, is held by immediate grant or pre scription, and may also be given by implication ; as where I purchase a piece of ground of a man situate in the midst of his land, and at the same time acquire a right to pass over or make a way through his land to that which I have so purchased.