5. Occupancy is the taking possession of those things which had before no owners. The law recognises occu pancy only in the case of a tenant pour autre vie, dying during the life of cestui que vie, or him for whose life any lands or tenements are granted. For where heirs are mentioned in the limitation, the heir shall take possession as a special occupant, and it shall be assets in his hands. Where there is no special occupant in whom the estate vest, the tenant pour autre vie may devise it by will, but it shall be subject to the testator's dehts ; and in the case of intestacy, it shall go to the executors as a chattel interest —An island rising in any part of a river shall be the property of him who owns the piscary, and has the freehold of the soil. If a river suddenly changes its course, and thereby inundates a man's ground, he may claim what the river has left; but if this happens by gradual degrees, the one who loses his soil has no remedy against him who has the dereliction in his favour. Is lands rising in the sea vest in the crown, as also land left suddenly dry ; but if by small and almost impercep tible degrees, it shall belong to the owner of the adjacent land.
6. Prescription is a personal immemorial usage of en joying such a right as may be created by grant, as right of way or common, the law supposing a grant to have exist ed. Custom is a local usage, and is established by being "used so long, that the memory of man runneth not to the contrary " Custom binds particular places, persons, and things concerned therein ; as in the case of gavel kind lands and borough-English.
7. Forfeiture is a punishment annexed by law to some illegal act or negligence in the owner of things real. Forleitures are occasioned, (I.) By crimes. (2 ) By alienations contrary to law. (3 ) By disclaimer. (4.) By lapse. (5.) By simony. (6 ) By waste.-(1 ) For feitures for crimes or misdemeanours are, I. For high treason. 2. Misprision of treason. 3. Petit treason, or felony. 4. Assautting a judge, or striking any one in the presence of the king's principal courts of justice. 5. Prxrnunire. 6. Popish recusancy. (2.) Alienations, or conveyances which induce a forfeiture, are, I. Those in morimain, made to corporations ; whereby lands become inherent in one dead hand, contrary to the statute law, un less those corporations have a licence to hold in niortmain. 2. Alienations made to aliens. 3. Those made by parti cular tenants, when larger than their estates will warrant, and thereby putting the remainder in jeopardy ; here the remainder-man is entitled to enter. (3.) Disclaimer, is where a man holding of a lord, and neglecting to render him due services ; and upon an action being brought to recover them, and he disclaiming to hold of his lord, he incurs a forfeiture. Copy hold lands are liable to a variety of forfeitures, regulated according to the customs of the different manors. (4 ) Lapse, is a forfeiture of the right
of presentation to a vacant church, by neglect of the patron to present within six calendar months from the vacancy. (5.) Simony, is the corrupt presentation to an ecclesiastical benefice, whereby the presentation becomes forfeited. (6.) Waste, is a spoil, or destruction, in any corporeal hereditament, to the prejudice of him that has the inheritance: such as removing things once fixed to the freehold of a house ; reducing the number of creatures in ponds, dove-houses, warrens, Stc. cutting down timber like trees, as oak, ash, elms.
1. A deed is an instrument in writing, sealed, signed, and delivered by the parties ; by which real or personal property may be alienated from one party, and conveyed to another: or some privilege or authority granted to a par ticular person, or any number of persons; but it is then more properly called a charter (carta) from its materials.
2. The requistes of a deed are, 1. Sufficient parties, with legal authority to convey, and a thing or subject-matter contracted for ; all of which must be expressed by suffi cient names; the parties, by their additions or residences, degree, or profession ; and absolutely in esse at the time the deed is made. But if a man gets another name by com mon esteem, besides his real Christian and surname, a deed made under such acquired name will be good. 2. The consideration is the quid or pro quo of any contract ; which must be lawful, and such as the law esteems an equivalent, as marriage, money, or work done. A nudum flaceum is a bare agreement to do or pay a sum of money on one side, without a compensation on the other, which is i totally void in law. 3. The matter written must be orderly and legally set forth.
3. The component parts of a deed are, I. The premises in which are included the parties ; the recital of deeds or facts that concern the conveyance, and the considerations upon which the deed is founded ; then the thing granted.
2. The habendum and tenendum sets forth the quantity and quality of the estate granted ; and this depends much upon the wording : as, To have and to hold to him and his heirs, creates a fee simple : To have and to hold to him and the heirs of his body, an estate tail : To have and to hold to him for ever, an estate for life only: if the conveyance is to a sole body politic or corporate, the word successors must be used in lieu of the word heir. The reddendum is the terms of stipulation or reservation to the grantor of a rent or other thing. 4. The condition, which is either express or im plied. 5. The warranty, which is a covenant-real annexed to lands and tenements, whereby a man and his heirs are bound to warrant the same. 6 The covenants, whereby either of the parties stipulates for the truth of certain facts; or binds himself to perform, or give something to the party with whom he covenants.