ing to a benefice (the former, from time to time, and the latter at a particular time); and TITHES, or a right to a tenth of the increase, were incorporeal things; although the rectory, to the possession of which the advowson or presentation confers the title, and the money which was payable in respect of the right to a tenth of the increase, are corporeal. So, a right of taking or using some portion of that which another's lands, woods, waters, &c., produce, which is called COMMON, is an incorporeal thing; though the produce so taken or used is corporeal. And of the same incorporeal nature are FRANCHISES or LIBERTIES, which are royal privileges in the hands of a subject; and WAYS, or private rights of going over ground belonging to other persons.

Such things, whether real or personal, corporeal or incorporeal, as, on the death of the person entitled to them, pass to his heir, are termed HEREDITAMENTS.

II. With regard to the several kinds of INTERESTS in Things constituting the Subjects of Conveyancing, sometimes estates or interests are only to arise in a given event, and are therefore said to depend on a CONDITION PRECEDENT: as where a man grants that if a particular event should happen, A. shall have an estate. Every kind of interest is subject to a GENERAL LIMITATION, that is, a limit or bound, either by express words or by construction of law, which denotes the general class or denomination, in point of quantity or duration, to which such interest belongs : as to A. and his heirs, or to A. for life, for years, or at will. But sometimes interests are made determinable in a given event, before they have endured as long as, according to the general limitation, they might have endured but for such event. When this determinable quality forms an additional original limit or bound of the estate or interest, it is called a SPECIAL or COLLATERAL LIMITATION: as when

an estate is granted to A. until, &c., or whilst or if, &c. : though the term limitation is frequently used to denote the entire sentence creating and actually or constructively marking out the limits or bounds of an estate or interest. When the determinable quality is not an original limit, but is entirely independent of the measure originally assigned to an estate or interest, it forms either a condition subsequent, or a conditional limitation, or a condition of cesser and acceleration. Thus, when the effect of such a condition is simply to defeat an estate or interest, without creating another estate or interest in the room of the one so defeated, the condition is said to be a CONDITION SUBSEQUENT, properly so called: as where an estate is granted to A., subject to a condition, that if a particular event should happen, the estate shall cease, and the land revert to the grantor. But when the condition, while it involves the destruction of one estate or interest, before it has endured as long as it might have endured but for such condition, provides for the creation of another estate or interest in the room of the estate or interest so destroyed, such condition is then of a mixed character,-partly destructive and partly creative or accelerative,-subsequent in one respect and precedent in another, and is either a CONDITIONAL

LIMITATION or a CONDITION OF CESSER AND ACCELERATION :

as where an estate is granted to A., but with a proviso, that if a particular event happen, such estate shall cease, and thel and shall go to B., to whom no estate is limited after the estate to A.; or where an estate is limited to A. for life, and after his death to B., but with a proviso that if A. do a certain act, his estate shall cease, and the land shall go at once to B. The first is a conditional limitation: the second a condition of cesser and acceleration.

All landed property is supposed to be held of some lord or superior. Hence, all kinds of land as well as build

ings, are called TENEMENTS, the possessors thereof TENANTS, and the manner of possession TENURE.

1. Things real are either of freehold or of copyhold tenure. Those of FREEHOLD TENURE are such as are held under the ordinary deeds of assurance. And of freehold tenures, there are six species: COMMON SOCAGE, GAVELKIND, BURGAGE, GRAND SERGEANTY, PETIT SERGEANTY, and FRANKALMOIGN. The generality of freeholds are of common socage tenure, except in Kent, where gavelkind tenure prevails.

Things real of COPYHOLD TENURE are such as are held of the lord of a manor by copy of the court rolls of such manor. A MANOR is a district which formerly belonged exclusively to a lord or owner, who resided there, and kept in his own hands so much land in that district as was necessary for the use of his household, called the demesnes of the manor, and distributed a part of the rest (except what was termed the waste and reserved for roads and commons) among certain free tenants, who held by deed under rents and free services, and whom the present free copyholders or customary freeholders represent; and the remainder among velleins or serfs, who held the same at the will of the lord, and from whom have sprung the ordinary copyholders of manors, who now hold only nominally at the will of the lord, but according to the custom of the manor; having, by a series of immemorial encroachments on the lord, established a customary right to those estates which before were held really and absolutely at the lord's will (b). ORDINARY COPYHOLDS are expressed to be held at the will of the lord of the manor; but FREE COPYHOLDS or CUSTOMARY FREEHOLDS, including lands in ANTIENT DEMESNE, which are held of manors formerly in the possession of the Crown, are not expressed to be so held.

(b) See 2 Bl. Com. 90-96; 1 Cru. D. Prelim. Dissert. c. 3, § 3-7.

In the case of the former, however, as already intimated the will of the lord is ascertained and defined, by the custom of the manor; and, in general, ordinary copyholders may have estates of the same duration and certainty as freeholders.

2. When the term freehold is applied to the hereditaments themselves, it denotes their tenure, and is opposed to copyhold. But when the term FREEHOLD is applied to an ESTATE OR INTEREST IN A HEREDITAMENT, that is, to the connexion which subsists between an hereditament or thing capable of being inherited and the owner of such hereditament, the term freehold then denotes the duration of such estate or interest, and is opposed to an estate or interest less than freehold. Thus, estates or interests in real property, whether of freehold or of copyhold tenure, when considered with reference to their duration, are either FREEHOLD OR LESS THAN FREEHOLD. And estates or interests of freehold duration are either FREEHOLDS OF INHERITANCE or FREEHOLDS NOT OF INHERITANCE. An estate or interest which is not confined to a given number of years or at will only, whether it be an estate descendible to a person's heirs generally or to a particular class of heirs, or for the life of himself or another person, is a freehold, as regards duration: whereas, if it is confined to a given number of years, however many they may be, or if it is at will only, it is but a chattel interest. But no such distinction exists in the case of personalty; for every interest in personalty is but a chattel interest.

FREEHOLDS OF INHERITANCE are either estates in FEE SIMPLE, briefly termed estates in fee, which are absolute estates of inheritance descendible to the heirs general of the person to whom such estates are given, whether they be his children or other relatives; or LIMITED FEES, which are estates of inheritance of a restricted kind. Limited fees are of four kinds : BASE OR QUALIFIED FEES, which

are descendible to the heirs general, but subject to a limitation, restriction or qualification; FEES SUBJECT TO A CONDITION SUBSEQUENT, or CONDITIONAL LIMITATION; FEES CONDITIONAL AT THE COMMON LAW, which are estates descendible to the heirs of the bodies of the persons to whom such estates are given, in hereditaments not entailable; and FEES TAIL, which are estates descendible in like manner, in hereditaments entailable. Fees tail, or estates tail, are either ESTATES TAIL GENERAL, that is, descendible to all the heirs of the body of a sole tenant. in tail, or all the heirs of his body of a certain sex; or ESTATES TAIL SPECIAL, that is descendible only to the heirs of the bodies of a particular married couple who are tenants in tail, or only to the heirs of the body of a sole tenant in tail by a particular person. And when estates tail, whether general or special, are only descendible to a particular sex, they are called ESTATES TAIL MALE, or ESTATES TAIL FEMALE, as the case may be.

FREEHOLDS, NOT OF INHERITANCE, are of several kinds: estates for life specifically so called; estates tail after possibility of issue extinct; estates in dower, freebench, or jointure; and estates by the curtesy. Some ESTATES FOR

LIFE are not for the life or lives of the grantees or devisees, but for the life or lives of some other person or persons; in which case they are termed ESTATES POUR AUTRE VIE, and

such other person or persons cestui que vie or cestuis que

vie. An ESTATE TAIL AFTER POSSIBILITY OF ISSUE EXTINCT arises where one of two tenants in special tail dies, or the person by whom alone a sole tenant in special tail can have issue inheritable under the entail dies, and in either case there happens to be a failure of issue so inheritable under the entail. An ESTATE BY THE CURTESY OF ENGLAND is an estate for life, which a husband takes, on the death of his wife, in her lands or tenements, if he has had issue by her capable of inheriting them. DOWER is an estate