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sonal industry of the inhabitants." Bouvier's Dict., Vol. 3, P. 3280.
21. What is meant by the right of common?
A. It is the profit which one man has in the lands of another. That is, a right to take certain substantial products pertaining to the realty. Tiedeman, Sec. 424.
22. Name the principal kinds of rights of common?
A. The right of pasture, the right of piscary, the right of turbary, the right of estovers.
23. Explain the right of pasture?
A. It is the right to pasture cattle upon the land of another
24. Explain the right of piscary?
A. It is the right to fish in water passing over the land of another. Tiedeman, Supra.
25. Explain what is meant by the right of turbary?
A. It is the right to dig turf or peat for fuel from the land of another.
26. Explain what is meant by the right of estovers?
A. It is the right to take whatever wood that is necessary for fuel, agricultural implements and fences.
27. Into how many classes at common law were rights of common divided ?
A. Three; Commons appendant, appurtenant, and in gross. Tiedeman, Sec. 426.
28. Explain what is meant by a right of way?
A. It is the right which one man has to go over the land of another.
29. What are offices ?
A. They are the rights to exercise a public or private employment and to take the fees and emoluments thereunto belonging. At common law they were classed as incorporeal hereditaments but now in this country they are never granted for a period longer than life and are not hereditaments in any sense. Under modern authorities it is doubtful if they can be considered as property at all. Tiffany, P. 9.
30. What are dignities?
A. Dignities are mere titles and have never existed in this country.
31. Explain what is meant by a franchise ?
A. A franchise is “a special privilege conferred by the government upon an individual or corporation which does not belong to citizens of the country generally by common right.” Tiffany, P. 9. Quoting Bank of Augusta vs. Earle, 13 Pet. (U. S.) 519, 595.
32. What are corodies?
A. Corodies have now ceased to exist but they were the rights to receive sustenance at a monastery.
33. What is an annuity?
A. An annuity is the right of a person to receive from another a yearly sum, not secured by a charge on land. Tiffany, P. 12.
34. What are rents ?
A. Rents are certain profits issuing yearly out of lands and tenements corporeal.
35. What are the essential elements of rent?
A. 1. It must be a profit. 2. It must be certain. 3. It must issue periodically. 4. It must issue from the thing granted. 5. It must issue out of lands and tenements corporeal.
36. Name the several kinds of rents?
A. Rent charge, rent seck, rents of assize, chief rents, quit rents, white rents, rack rents and fee farm rents.
37. What is the distinction between inheritance and distribution?
A. Inheritance means the descent of real estate from the ancestor to the heir, and distribution is the division of the personal estate between the next of kin. The next of kin and the heirs are not always the same persons.
38. What is the distinction between heirs and next of kin?
A. Heirs are those persons who, by act of law, are entitled to things real of the deceased person, he being their ancestor; while the next of kin who may be different persons, are those who are entitled to the distribution of the personal estate of the deceased.
39. How are wills and testaments and the rights of inheritance and succession to be considered as to their creation?
A. They are the creations of municipal law, and in every case the law of the jurisdiction must be considered to determine what the rights are, and whether the testament be valid or what is the line of the descent.
40. Generally of what things personal may a man have an absolute property?
A. In all things other than those which are in common as light, air, water, and animals ferae naturae, for these are only capable of being the subject of ownership so long as the person has the actual possession of them.
41. What passes under a grant of water?
43. Briefly explain the Feudal System.
A. The Feudal System was one of military tenure of landed property, adopted by the general assembly of the principal landholders of Brittany for self protection, and prevailing from the ninth to the thirteenth centuries. The fundamental maxim was, all lands were originally granted by the sovereign, and are therefore held mediately or immediately of the crown. An alliance of free landholders arranged in degrees of subordination according to their respective capacities for affording mutual support. Blackstone, Vol. 1, Book 2, Chapter 4. Tiffany, Vol. 1, Sec. 7.
44. What was the origin of the Feudal System?
A. It originated in the military policies of the Celts, Goths, Huns, Franks, Vandals and Lombards.
45. When was the Feudal System first established in England ?
A. Soon after the Norman conquest about the year 1066. Tiffany, Sec. 7.
46. What was the Council of Sarum?
A. A meeting of the nobles of the kingdom at which time they surrendered their lands to the king, who immediately re-granted them thus making each one hold his lands from the king.
47. What was the Domesday Book ?