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transactions previously referred to, and for the avoidance or
Additions and Corrections.
Appeals to Full Court,” see page 183 as to the appellant's
Pages 40 and 132, appeals from the Bankruptcy and Divorce Courts to
Page 43, tenth line, in the place of " for not exceeding fourteen days,"
Ditto, twentieth line, add after the word “approval,” "unless the
Page 47, “ Bills of Exchange” Act, note that the order of the para-
Page 71, “Birds Protection,” note that the close season for quail has
Pages 78 and 83, as to contracts by corporations, note that the Com-
Page 97, “Killing, etc., pigeons,” ninth line, in place of “not exceed-
NOTE. – It is suggested that the volume be annotated in accordance
CLASSES OF PROPERTY. According to Blackstone, property had its origin in occupancy, which gave this or that man an exclusive right to retain in a permanent manner this or that specific land or moveable chattel which before belonged to everybody in general but to nobody in particular.
Property is divided into two classes, namely, real property and personal property, or realty and personalty; the former class includes things substantial and immoveable and the rights and profits annexed to and issuing out of these; the latter of goods, money, ships, and all other moveables, and of the rights and profits annexed to them.
Formerly lands, houses, and other immoveable property were designated "lands, tenements, and hereditaments; moveable property was, on the other hand, described as goods and chattels.
The word “tenement,” in its more comprehensive sense, means anything which may be the subject of tenure, but is often used as equivalent to the word house.
The term "hereditaments" is applied to such property as used to descend to the heir upon the death of the present owner. Though heirships were abolished in this State nearly forty years ago, the word is still employed in deeds as denoting real property—the technical phrase being “lands, tenements, and hereditaments.”
In later times (according to the best authorities) property was termed real and personal from a consideration of the nature of the remedy to be pursued in case of the wrongful taking of either; that is to say, if land was taken the real subject of the action-namely, the land itself-could be restored to the owner, but this was not always so in regard w actions for the recovery of goods, for the owner might have to be content with a pecuniary recompense exacted from the person who had taken them away.
Personal property has also been described as “that which may attend the owner's person wherever he thinks proper to go.”
Property may also be divided into two other classes, viz. : corporeal and incorporeal; that is, property which "affects the senses and may be seen and handled by the body" (i.e., is visible and tangible), and that which is not always or is
Corporeal property may be passed from hand to hand, or, if it consists of land and other immoveable property, possession
of it may be given up; therefore lands, houses, goods, and ships are corporeal, but a contingent remainder, a rent-charge, or a debt have not these attributes, and so fall within the class incorporeal.
As to the technical terms used in describing property, the following require some explanation.
A house is often described as a “messuage," but the words are now practically synonymous ; either will include adjoining outbuildings, yards, and the orchard or garden.
The word "land" is a most comprehensive term, and will iuclude houses, outbuildings, lights, mines, and mineralsmin fact, everything both above and below the surface; but, in practice, mines and minerals are often reserved in the deed of conveyance, and the working of gold mines is subject to express statutory provisions.
The word “premises” most frequently denotes the facts before-mentioned in the deed or other instrument. It does not usually refer to property unless a description of such property has preceded its use.
An estate” in land signifies the interest which the tenant has in the property—it being understood that “no man is in law the absolute owner of landis, but can only hold an estate in them.” All lands are now held directly from the Crown as lord paramount.
Personal property is still described in legal documents as "goods and chattels.” A lease and a mortgage though personal property merely, are termed "chattels real," owing to their intimate connection with real estate.
Goods and chattels are also classed as choses (i.e., things) in possession” and “choses in action ;” and the first are of a moveable and corporeal nature, and include merchandise, ships, live stock, furniture, etc.; the second include rights of action -such as the right to sue for money due (that is, a debt), or for the breach of a contract, or for a wrong-and also stocks, funds, shares in companies, patents, copyrights, etc.
COMMON LAW. The expression common law” is used in two senses ; first, in the sense of lex non scripta, or unwritten law, which includes such institutions as are founded on custom immemorial and not upon any known statute—this is the common law properly so called ; and secondly, to denote those institutions which are distinct from equity. For instance, the right of a landlord to distrain for rent; that of a tenant at will to reap what he has sown (or "take the emblements”-as it is termed in law phraseology); the rule that remedial statutes shall be construed broadly and criminal statutes strictly; that a deed depends for its validity on sealing and delivery, are institutions or doctrines not contained in any written statute, but which