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of them. But in ill-penned instruments it frequently happens that these events are not accurately expressed, or not at all provided for; and in these cases it must be seen whether, in the events which have happened, the term has ceased; for, if it has not, the purchaser must require an assignment of the term. (a)

IV. TITLES OF TENANTS FROM YEAR TO YEAR.

A tenancy from year to year, or for a less term than a year, is assignable, and will devolve on the lessee's executors or administrators, if not parted with in his lifetime (b)

A tenant at will, or by sufferance, has no assignable interest. (c)

V. TITLES UNDER TENANTS BY STATUTE

MERCHANT, &c.

Tenants by statutes merchant, staple, elegit, &c., have, in point of law, an interest measured by the quantum of their debt; but in equity they have merely a security for their money. (d) They have, even at law, only a chattel interest. (e)

Their interests, consequently, may be assigned, as other chattel interests, without livery of seisin, or bequeathed as personal estate, and at the death of the tenant they will devolve to his executors, or other

(a) See Hays v. Bailey, Sug. V. & P. 393. As to the rules for the assignment of terms, see Sug. V. & P. 391-465, 8th edition.

(b) See Rex v. Aldborough, 1 East,

(c) Litt. s. 240; Co. Litt. 57 a. Sweeper v. Randal, Cro. Eliz. 156. Moss v. Gallimore, Doug. 266, 267. (d) Marsh v. Lee, 2 Vent. 338. (e) 2 Prest. Abs. 23.

personal representatives, or pass to a legatee by bequest and assent to that bequest. (a)

An estate of this nature may merge in another estate of the like description (b); or in an estate for years, or any estate of freehold. (c)

The estate of a tenant by statute, &c. will not determine except there be a judgment on the writ, venire facias ad computandum, ascertaining that the debt is satisfied. (d)

(a) 2 Prest. Abs. 24.

(b) Dighton v. Grenville, 2 Vent. 321. Colles's Parl. Ca. 64.

(c) 3 Prest. Convey. 177. 195;

Com. L. & T. 29, 2nd edition.

(d) Prest. Shep. Touch 358.

CHAPTER VIII.

OF ABSTRACTS OF TITLE OF INCORPOREAL

HEREDITAMENTS.

THIS chapter will be divided into-I. Titles of advowsons. II. Titles of tithes.-III. Titles of rights of common.-IV. Titles of rights of ways.-V. Titles of franchises.-VI. Titles of offices.-VII. Titles of annuities and rents :—and VIII. Miscellaneous points.

I. TITLES OF ADVOWSONS.

In abstracts of titles of advowsons in gross, the title should be stated from as remote a period as possible, and presentations by the successive owners should be shown as the best evidence of seisin. (a)

The title should, in fact, be carried back to the original grant, as all the Statutes of Limitations as to advowsons have been repealed by the 1st Mary. (b)

If the advowson be appendant to a manor, &c., a

(a) 1 Prest. Abs. 31, 38.

(b) Stat. 2. c. 5. s. 4; and see

ante p. 68; post, and Index, word Statute of Limitations.

title for sixty years may, as in the case of lands, be generally sufficient. (a)

It seems doubtful whether the nullum tempus act (b) applies to advowsons. (c) No opinion was given in the judgment of Lord Eldon as to this.

In the statement of the presentations, the date thereof, and the names of the clerk and the patron, should be accurately given. Since the Statute of Frauds, (d) the presentation must be in writing.

The right of presentation to a chapel of ease belongs to the incumbent of the parish, unless there be a special agreement to the contrary, to which the parson, the patron, and the ordinary must be parties. (e)

If a prebendary, having a right of presentation in right of his prebend, die while the church is vacant, his personal representative has the right of presentation for that turn. (f)

A grant from the crown of an advowson will be presumed after long possession, as of one hundred and forty years, and three presentations, and none by the crown. (g)

II. TITLES OF TITHES.

Where tithes are in the hands of laymen, they are mere temporal inheritances, and are subject to the usual incidents of real property, as dower, curtesy,

(a) See Gibson v. Clark, 1 Jac. & W. 159.

(b) 9 Geo. III. c. 16.

(c) See Gibson v. Clark, 1 Jac. &

W. 161, 162. arg.

(d) 29 Car. II. c. 3.

(e) Farnworth v. Bp. of Chester, 7 Dow. & Ry. 56; 4 B. & C. 555.

Faulkner v. Elger, 6 Dow & Ry. 517; 4 B. & C. 449; 3 Taunt. 463; 1 H. B. 425, 431.

(f) Rennell v. Bp. of Lincoln, 7 B. & C. 113.

(g) Gibson v. Clark, 1 J. & W. Powell v. Milbanke, Cowp.

159.
103, n.

&c. ; (a) and persons having tithes thus vested in them shall have the same remedies for the recovery thereof as for lands and tenements; (b) and therefore an ejectment and every species of action now lies for a rectory or tithes impropriate, and fines and all other assurances may be had and made of them as of other landed possessions. (c)

The title of all appropriated tithes should go as far back as the dissolution of the monasteries in the time of Henry VIII., and the original grant from the crown; but long possession, as for two centuries and a half, for example, is a sufficient title, and the court will presume a conveyance. (d)

A parson cannot grant his tithes to a stranger for life or years without deed, for they are entirely in grant, and it makes no difference whether the grant be for one year or for several; but a grant of tithes to the owner of the land may be without deed, because it is in the nature of a composition for the tithes retained, and not a grant of tithes. (e)

Where a person had a beneficial interest for life in an impropriate rectory, and was in actual possession, it was held that he was entitled to take the tithes, though the estate was subject to a trust term for securing annuities, and to a mortgage, he having paid the annuities and the interest of the mortgage money, and neither the trustees nor mortgagee interfering with his possession. (ƒ)

As a general rule, where land is agreed to be sold

(a) Co. Litt. 159 a.

(b) 32 Hen. VIII. c. 7. s. 7, Bunb. 325.

(c) Baldwin v. Wine, Cro. Car.

301.

(d) Oxenden v. Skinner, 4 Gwill.

1513; 3 Eagle & Young, 1384.

(e) 2 Rol. Abr. 63, pl. 14, 16, 17. As to whether a parson can charge his benefice, see post.

(f) Glegg v. Legh, and Cherry v. Legh, 1 Dow. N. S. 96.

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