ADDENDA ET CORRIGENDA.

Page 82, note (r), for 1 Dav. & Mer. 534, read 5 Q. B. Rep. 685.

Page 148, note (h), add Doe d. Lord Egremont v. Stephens, 6 Q. B. Rep. 208.

Page 184, note (p), add Holford v. Hankinson, 5 Q. B. Rep. 584.

Page 246, note (o), add Lear v. Caldecott, 4 Q. B. Rep. 123. Page 280, note (m), add Ashmole v. Wainwright, 2 Q. B. Rep. 837, and Gulliver v. Cosens, 1 M. G. & Sc. 788. Page 281, note (y), add, "but see 9 & 10 Vict. c. 95, ss. 119, 120."

Page 282, line 19 from top,

Dele" When the goods have been redelivered to the owner by the sheriff, the plaint must be entered in the County Court, and may afterwards be removed.'

Substitute-"Formerly, when the goods had been redelivered to the owner by the sheriff,

the plaint was entered in the County
Court, and afterwards removed."

After the word "loquelam," in line 23 from top,
Add-(cc).

And at bottom of page, insert

(cc)" For the present practice, however, see 9 & 10 Vict. c. 95, ss. 119, 120, 121, in Appendix."

Page 298, note (x), add Cumming v. Bedborough, 15 M. &

W. 438.

In order that the relation of landlord and tenant may CHAP. I. exist, there must be a subject-matter of demise; and it may be stated as a general rule, that any thing corporeal or incorporeal may be demised, whether it lies in livery or grant. Corporeal things in possession were said to lie

B

CHAP. I. in livery, for of these only could a delivery of corporeal possession be made; a future interest in corporeal things and all incorporeal things were said to lie in grant. But by a recent statute (a) it is enacted, that all corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery. As corporeal things will be the chief subjects of consideration throughout the subsequent pages, it may be proper here to notice briefly some of the rules which more particularly relate to a demise of things in their nature incorporeal, such as advowsons, tithes, ways, commons, estovers, dignities, offices, franchises, corrodies, annuities and rents.

Advowsons.

Tithes.

An advowson (advocatio) is the right of presentation to a church or ecclesiastical benefice, and may be the subject of demise, and an action of debt will lie for the sum agreed to be paid upon such demise (6). If a vacancy occur during the term, the lessee may present. But if an alien or papist purchase an advowson, the crown or the universities are to present (c). A presentation of a lessee by a lessor of an advowson amounts to a surrender of the term (d).

Tithes are defined to be the tenth part of the increase yearly arising from the profit of lands, the stock upon lands, and the personal industry of the inhabitants. Tithes can only be demised by an instrument under seal (e), and for a term not exceeding the life of the grantor (f). But by the statute of Geo. 3 (g), leases

(a) 8 & 9 Vict. c. 106, s. 2.

(b) 2 Wooddes. 69; Mirehouse on Advowsons; Co. Litt. 119b; Rogers, Ec. L. 17.

(c) Edwards v. Bishop of Exeter, 5 Bing. N. C. 654; 11 Geo. 2, c. 17; 12 Anne, c. 14, s. 1; 1 W. & M. st. 1, c. 26; 3 Jac. 1, c. 5.

(d) Moore, 774; Gibson v. Searles, Cro. Jac. 84, 176.

(e) Gardiner v. Williamson, 2 B. & Ad. 336.

(f) Brewer v. Hill, 2 Anst. 420; Cox v. Brain, 6 Taunt. 95, (g) 5 Geo. 3, c. 17.

for one, two, or three lives, or twenty-one years, are made valid; and the persons granting such leases may recover rent reserved thereon. The Tithe Commutation Act (h) empowers the lessee of any tithes commuted to rent charges under that act to surrender and make void his lease on certain terms as to compensation and apportionment of rent, to be settled by the tithe commissioners.

СНАР. І.

Tithes.

mons and estovers.

Ways, commons and estovers are incorporeal heredi- Ways, comtaments, which it will be necessary to consider more particularly in a subsequent chapter. All that need be said of them here is, that they may be demised. The owner of land may grant a right of way over it; and if land be demised, the lessee will have all the ways and easements to which his lessor was entitled (i). Commons and estovers, being profits à prendre in another's soil, will not pass without express words.

Dignities, or titles of honour, and other personal dis- Dignities. tinctions, are only grantable by the crown, and cannot be granted for years (k). Offices are a species of incor- Offices. poreal hereditament, and consist in the right to exercise a public or private employment. The right of nomination to an employment of a public nature belongs in most cases to the crown; in some to a subject. The sale of offices relating to the administration of justice is prohibited by statute (1). Offices requiring personal skill and experience cannot be granted for years; for then they would pass to the executor or administrator of the grantee, who might be incompetent to execute them, or they might be seized upon outlawry, or, on the termor's

(h) 6 & 7 Will. 4, c. 71.

(i) Hawton v. Fearson, 8 T. R. 50, 56; Staples v. Haydon, 6 Mod. 3, 149; 1 Salk. 173; Clarke v. Cogge, Cro. Jac. 170, 190.

(k) Co. Litt. 16b; Reynel's case, 9 Rep. 97 b; Bac. Abr. "Leases," A.

(1) 5 & 6 Edw. 6, c. 16.

Offices.

CHAP. I. dying intestate, might remain vacant until the grant of administration. Therefore no grant for years absolutely can be made of the offices of marshal of the Queen's Prison, chirographer, clerk of the pipe, of the king's silver in the Exchequer, or of the crown remembrancer, and similar offices in the several courts of justice (m). But a lease for years during the life of the grantee is good, as the inconvenience above mentioned is thereby avoided (n). Thus where a grant for years was made of the stewardship of a court leet and court baron, and the grant was determinable on the death of the grantee, it was held good for both offices, as there was no danger of its passing to the executors or administrators. Offices requiring merely common diligence, and capable of being executed by deputy without any inconvenience to the public, may be leased for years; and therefore a lease for years may be made of the following offices, viz., postmaster-general (o), king's printer (p), warden of ports and havens (9), gunfounder (r), park-keeper (s), guager (t), aulnager (u), garbler of spices and registrar of policies in London (v), and such as are merely ministerial in courts of justice, as surveyor of the green-wax, sealer of writs and subpoenas (w). Where the right of appointing to an office is in the crown, it is usually exercised by means of letters-patent; where in a subject, the appointment should be regularly made by an instrument under his

(m) Reynel's case, 9 Rep. 97 b; Meude v. Lenthall, Cro. Car. 587.