if such mayor bailiff sheriff town clerk or other officer shall refuse or deny to any person, hereby entitled to demand it, the inspection of such books or papers, or to have copies or minutes thereof as aforesaid, such mayor bailiff sheriff town clerk or other officer shall for every such offence forfeit and pay the sum of one hundred pounds, together with full costs of suit to him her or them who shall inform and sue for the same, within one year after such offence committed, by action of debt bill plaint or information in any of his Majesty's Courts of Record at Westminster, wherein no essoin protection wager of law nor more than one imparlance shall be allowed.

[No. XIII. ] 1 & 2 Geo. IV. c. 28.-An Act for Abolishing the African Company, and transferring to and vesting in His Majesty all the Forts Possessions and Property now belonging to or held by them.-[7th May 1821.]

No. XII.

32 Geo. III.

c. 58.

End of Part First.

PART II..

Of Real Estates.

CLASS 1. Miscellaneous Statutes concerning Real Estates.
2. Tithes.

3. Approvement and Inclosure of Commons.

4. Joint-Tenants Coparceners and Tenants in Common.
5. Mortmain and Charitable Uses.

6. Conveyances by Infants Lunatics, &c.

7. Fraudulent Conveyances.

8. Leases.

9. Uses.

[In this Class are contained some of the most important Statutes relating to Real Property; amongst others, the Statute de Donis-the Statute of Quia Emptores-the Act for abolishing Feudal Tenures-the Statute of Frauds-and the Act for the Amendment of the Law, with others which I could not in a manner satisfactorily reduce under any common title. The more particular Classes intended to be introduced in the present general Division are the following, viz. 2. Tithes-3. Commons4. Joint-tenants, &c. and herein of Partition--5. Mortmain and Charitable Uses 6. Conveyances by Infant Trustees Femes Covert and Lunatics-7. Fraudulent Conveyances-8. Leases-9. Uses-10. Fines and Recoveries-11. Wills-12. The Land Revenue of the Crown, so far as it is connected with private Titles.

The Statutes relating to Landlord and Tenant are contained in Part IV. Class 19. And the present Class is intended to include all such Statutes concerning Real Property as are not referrible to the particular Subjects above enumerated.]

Hobart 153.

Dyer, f. 76.

Plow. 32.

[ No. I.] Mag. Car. c. 7.-A Widow shall have her Marriage Inheritance and Quarantine. The King's Widow, &c.

9 Hen. III. c. 7. A WIDOW after the death of her husband incontinent and without any difficulty, shall have her Marriage and her Inheritance; (2) and shall give nothing for her Dower her Marriage or her Inheritance, which her husband and she held the day of the death of her husband; (3) and she shall tarry in the chief house of her husband by forty days after the death of her husband, within which days her dower shall be assigned her (if it were not assigned her before,) or that the house be a castle; (4) and if she depart from the castle, then a competent house shall be forthwith provided for her, in the which she may honestly dwell, until her dower be to her assigned as it is aforesaid; and she shall have in the mean time her reasonable estovers of the common;

Bro. Dower, 101.

Regist. fol. 175.

Co. Lit. 32, b.

2 Inst. 16.

19 Hen. VI..

f. 14.

No. I.

(5) and for her dower shall be assigned unto her the third part of all the lands of her husband, which were his during converture, except she 9 Hen. III. were endowed of less at the church-door. (6) No Widow shall be dis• trained to marry herself: * nevertheless she shall find surety that she shall not marry without our licence and assent (if she hold of us,) nor without the assent of the lord, if she hold of another.'

c. 7.

See 17 Ed. II. c. 4. for the Oath of Widows who hold in Capite not to marry without the King's Licence. Fitz. Dower, 194. 196. Enforced and amended by 20 Hen. III. c. 1. which gives damages to the Widows who are deforced of their Dowers.

* Add while she chooses to live single.

[ No. II. ] 20 Henry III. c. 1.-A Woman shall recover Damages in a Writ of Dower.

FIRST, Of Widows which after the death of their husbands are de- 20 H. III.c.

4 Co. 30.
14 H. 8, 25.

forced of their Dowers, and cannot have their Dowers or Quarantine without plea, whosoever deforce them of their Dowers or Quaran- Dyer 284, tine of the lands, whereof their husbands died seised, and that the pl. 33. 'same Widows after shall recover by plea; (2) they that be convict of such wrongful deforcement shall yield damages to the same Widows; 38 Ed. 3, 13. that is to say, the value of the whole Dower to them belonging, from 11 H. 4. 39. the time of the death of their husbands unto the day that the said Fitz. Dower. Widows, by judgment of our Court, have recovered Seisin of their 24, 46, 59, 73. Dower, &c. (3) and the deforcers nevertheless shall be amerced at the Fitz. Damage, King's pleasure.' 10, 83, 119. V. N. B. fo. 7. Rast. Ent. 22. Co. Lit. 32. b. 2 lust. 80. 9 H. 3 stat. 1. c. 7

(*) It is observable that this Statute only gives damages, (to which by the Statute of Gloucester, costs are incident) of lands whereof the husband died seised, which seems to obviate an objection that is made to the accepting a title in which there is a protection against Dower by the assignment of a satisfied term, and which objection supposes that notwithstanding judgment is given with a cesset executio, the Defendant will be liable to costs. As to the demand necessary to entitle a Widow to damages, see 1 Inst. 32. Čor

sellis v. Corsellis, Bull. N. P. 117. but in several cases, damages have been given from the death of the husband. Belfield v. Rowse, 1 Inst. 33. a. Dobson v. Dobson, Ca. Temp. Hard. 19.

A Widow may now in all Cases have relief in equity for recovery of Dower, Mundy v. Mundy, 2 Vesey, Jun. 122. which is the usual course, and the Writ of Dower may be considered as having almost fallen into disuse.-Upon a Bill, the Court will decree an account from the husband's death. Mundy v. Mundy, ubi. sup.

[ No. III. ] 20 Hen. III. c. 2.-Widows may bequeath

the Crop of their Lands.

ALSO from henceforth Widows may bequeath the crop of their 20 H. III. c. 2. ground as well of their Dowers as of other their lands and tene- Kel. 125. ments, saving to the Lords of the Fee all such services as be due for Fitz. Bar. 149. their Dowers and other tenements.'

No. IV. ] 52 Hen. III. c. 17.-The Authority and Duty

of Guardians in Socage.

294.

2 Inst. 80.

IT is provided, That if land holden in Socage be in the custody of the 52 H. III. c. 17. friends of the heir, because the heir is within age, the Guardians Fitz. Wast. 1, shall make no waste nor sale nor any destruction of the same inheri- 9, 100, 107. tance; but safely shall keep it to the use of the said heir, so that when he Fitz. Present. 'cometh to his lawful age, they shall answer to him for the issues of the 10. said inheritance by a lawful accompt, saving to the same Guardians Fitz. Brief, 847. their reasonable costs. (2) Neither shall the said Guardians give or sell the marriage of such an heir, but to the advantage of the foresaid 35, 59, 60, 77, heir; (3) But the next friends which had the ward, for all that time that writs of impleading did not lie, shall have such wardship unto the ad

Fitz. Accompt,

107.

Co Lit. 87, 1.
Co. Ent. 47.

No. IV.

vantage of the heir, as is said before, without waste sale or destruction 52 H. III. c.17. making.' (*)

(*) A guardian in socage has an interest, and may make a lease of the land of the ward. The husband or guardian in socage acquires the guardianship, but his lease is only good during the coverture. Osborne v. Carden, Plowden, 293. In that case the quality of guardian in socage is particularly discussed. Guardians in secage may grant the reversion of a copyhold according to the custom of the manor which binds the lord. Stopland v. Rudlen, Owen 115. Godb. 1. S. C. Cro. Sac. 35, 98. by the name of Shopland and Ryder. He may avow in his own name and right, 34 Ed. III. 298. 7 Ed. III. 38. He may bring

4 Edw. I. c. 6. Dyer 15, 221.

1 Co. 1, 1.

3 Co. 58.

4 Co. 81.

5 Co. 17.

8 Co. 51.
+ Read, Than
the Feoffers, &c.

trespass or ejectment in his own name. Per. Cur. Wade v. Baker. 1 Lord Raymond, 130. The right of the mother as guardian in socage, cannot be set up against the lord of a copyhold claiming as guardian by custom, Id. Possession of a mother as guardian in socage is the possession of the heir, and prevents the descent to the half-blood. Goodtitle v. Newman, 3 Wils. 516. Doe v. Skeen, 7 T. R. 326. See Bedell v. Constable, Vaughan 182. Rex v. Inhabitants of Oakley, 10 East, 491. See also Stat. 12 Charles II. chap. 24. Post in this division, and notes, ibid.

[ No. V. ] 4 Ed. I. stat. 3. c. 6.-By what Words in a Feoffment a Feoffer shall be bound to Warrancy.

IN deeds also where is contained Dedi & concessi tale tenementum without homage, or without a clause that containeth warranty, and to be holden of the givers and their heirs by a certain service; it is agreed that the givers and their heirs shall be bounded to warranty. (2) And where is contained Dedi & concessi, &c. to be holden of the chief Lords of the Fee or of other, ‡ and not of Feoffers or of their heirs, reserving no service without homage or without the foresaid clause, their heirs shall not be bounden to warranty, notwithstanding the F'coffer during his own life by force of his own gift shall be bound to warrant.* That the word Grant in the conveyance refer to Nokes's case, 4 Rep. 80. as settling that of an estate of freehold does not create a warranty, point. Browning v. Wright, 2 Bosanquet and is abundantly clear from all the authorities upon Puller.--Nokes's case relates to the demise of a the subject. See Co. Lit. 384. [a] Butler's term in which the words Demise and Grant operate note, ibid. Spencer's case, 5 Co. 18. although the as a covenant unless there is an express covenant, word Give has that effect. I think it is rather to in which case the general and implied covenant of be regretted, that notwithstanding the unquestion- law is restrained. A practice has been lately inable and settled law in this respect, those who are troduced in conveyancing, of declaring previous perfect masters of the subject give countenance to to the general words of conveyance, that the the unfounded scruples which are entertained party conveys " so far only as he can or may, and concerning it, by declining to insert the word not further or otherwise, and that he intends only Grant in conveyances from trustees. It is singular to pass his interest and not to warrant the estate. that a Judge of so much eminence as Mr. Justice I think the practice should be discountenanced, as Buller, should have stated that the words Grant tending to introduce erroneous opinions upon the and Enfeoff amount to a general warranty in law, subject. and have the same force and effect, and should

6 Edw. I. c. 3. Vaughan 366. St. 4 & 5 Ann.

5 Co. 80. 8 Co. 52.

[ No. VI. ] 6 Edward I. c. 3.-An Alienation of Land by the Tenant by the Curtesy with Warranty shall be void. IT is established also,That if a man aliene a tenement, that he holdeth by the law of England, his son shall not be barred by the deed of his father (from whom no heritage to him descended) to demand and c. 16. Bro. For-recover by Writ of Mortdauncestor, of the seisin of his mother, although medon, 73. 'the deed of his father doth mention, that he and his heirs be bound to warranty. (2) And if any heritage descend to him of his father's side, then he shall be barred for the value of the heritage that is to him descended. (3) And if in time after any heritage descend to him by the same father, then shall the tenant recover against him of the seisin of his mother by a judicial writ that shall issue out of the Rolls of the Justices before whom the plea was pleaded, to resummon his warranty, before hath been done in cases where the warrantor cometh into the Court, saying, That nothing descended from him by whose deed he is vouched. (4) A din like manner the issue of the son shall recover

Co. Lit.

365, 366, 381,

a. 382. a. 383,

a. b.

Dyer, f. 148.

Fitz. Garranty, 5. 9 Co. 26.

Fitz. Cui in vita, 7, 8.

as

Keilw. 104. b. 124, 125.

by Writ of Cosinage, Aiel, and Besaiel. (5) Likewise in like manner the heir of the wife shall not be barred of his action after the death of ⚫ his father and mother, by the deed of his father, if he demand by action 'the inheritance of his mother by a writ of entry which his father did aliene in the time of his mother, whereof no fine is levied in the King's Court.'

[ No. VII. ] 6 Edward I. c. 5.-Several Tenants against whom an Action of Waste is maintainable.

No. VI.

6 Edw. I.

c 3.

2 Inst. 292.

IT is provided also, That a man from henceforth shall have a Writ 6 Edw. I. c. 5. of Waste in the Chancery against him that holdeth by law of Dyer 25. • England, or otherwise for term of life, or for term of years, or a woman Fitz. Wast. 62, in dower. (2) And he which shall be attainted of waste, shall leese 117, 146.

the thing that he hath wasted, and moreover shall recompense thrice Bro. Parl. 17. 'so much as the waste shall be taxed at. (3) And for waste made in Fitz. Judgment, 'the time of wardship it shall be done as is contained in the Great 85, 134, 255. Charter, (4) and where it is contained in the Great Charter that he Fitz. Damage, which did waste during the custody shall leese the wardship, (5) it 7, 22, 42, 52, is agreed that he shall recompense the heir his damages for the waste, Co. Inst. 53. b. if so be that the wardship lost do not amount to the value of the 54. b. 200. b. ' damages before the age of the heir of the same wardship.' (*)

90, 114, 133.

355.b.

1 Roll. 91, 97, 156. Rast. 689, &c. Savill, 42. 9 H. 3. stat. 1. c. 3. 52 H. 3. c. 23. Regist. 72. 2 Inst. 299.

The real action of waste has so entirely fallen into disuse, that the case of the Keepers, &c. of Harrow School v. Anderton, 2 B. and P. 86. is probably the only instance of it remembered by lawyers now living.-The action on the case, in the nature of an action of waste, is now commonly substituted for the ancient remedy, and will lie between persons between whom the proper action of waste is not maintainable, but in Gibson v. Wells, 1 N. R. 290. it was ruled that this action does not lie in the case of per

missive waste, which authority, if admitted to be law, may render it still necessary to resort to the former proceeding. A more effectual remedy against voluntary waste is in many cases attainable by injunctions in equity. In the above-mentioned case of Harrow School v. Anderton, the Court of Common Pleas, upon the authorities there cited, gave judgment for the defendant, on account of the small amount of the damages recovered by the plaintiff.

[No. VIII.] 13 Edward I. st. 1. c. 1.-In Gifts in Tail the Donor's Will shall be observed. The Form of a Formedon.

No. V.

in Tail.

FIRST, concerning lands that many times are given upon condition, 13 Edw.I. st. 1. that is to wit, where any giveth his land to any man and his wife, c. 1. and to the heirs begotten of the bodies of the same man and his wife, with such condition expressed, that if the same man and his wife die without Several sorts of 'heirs of their bodies between them begotten, the land so given shall re- Gifts of Lands 'vert to the giver or his heir. (2) In case also where one giveth lands in 'free marriage, which gift hath a condition annexed, though it be not ex- 1 Leon, 212. pressed in the deed of gift, which is this, That if the husband and wife 1 Roll. 48, 153, die without heir of their bodies begotten, the land so given shall revert 158, 333, 357, 'to the giver or his heir. (3) In case also where one giveth land to an- 385. other and the heirs of his body issuing, it seemed very hard, and yet 2 Roll 429. seemeth to the givers and their heirs, that their will being expressed in Godbolt 308, the gift was not heretofore nor yet is observed. (4) In all the cases 367, pl. 458. 'aforesaid, after issue begotten and born between them (to whom the Vaughan 365. lands were given under such condition) heretofore such feoffees had Latch. 67. power to aliene the land so given, and to disherit their issue of the Savill 67, 88. land, contrary to the minds of the givers, and contrary to the form exFitz Tail. 11, 'pressed in the gift. (5) And further, When the issue of such feoffee is failing, the land so given ought to return to the giver or his heir, by 17, 18, 21, 22, form of the gift expressed in the deed, though the issue (if any were) 23. Co. Lit. 18. 'had died: (6) Yet by the deed and feoffment of them (to whom land b. 19. a. 24. a. 223. b. 224. a. 12 Co. 81. Fitz. Formed. 61, 65. Fitz. Tail, 9. 10. Fitz, Tail, 15. VOL. I.

7 Co. 33.

12, 13, 14, 16,