of two classes: 1. high; 2. petty,................

355

appointed to preserve the peace, keep watch, and ward and arrest offenders,.. 356

5. surveyors of highways, are officers appointed annually to keep highways in

repair, and remove annoyances therefrom,...

357

6. overseers of the poor,...

359-365

how the poor formerly aided,

359

overseers now appointed annually,

360

their duties to assist the poor and find employment for those who can work,. 361

the law of settlements,.

CHAPTER X.

OF THE PEOPLE, WHETHER ALIENS, DENIZENS OR NATIVES,.

natural born subjects are those born within the ligeance,..

aliens are those born out of it,.....

362

...366-376

366

366

allegiance binds the subject to the king in return for protection,.

in natives this is natural and perpetual,...

369

in aliens it is local, and continues only while they are within the king's

dominion,....

370

the rights of natives also natural and perpetual,.

371

of aliens local and temporary,.....

371

their right to purchase, hold and dispose of property is qualified,.

children of English subjects born abroad are natural born subjects,.

also children of aliens born within the realm,..

371

373

373

aliens may be denizens by letters patent,...

374

may also be naturalized,.....

374

naturalized citizens have rights of native born, except of holding offices,

etc.,........

former disabilities of the Jews now removed,.

374

375

CHAPTER XI.

OF THE CLERGY,..

.376-396

the whole people divided into clergy and laity,...

the clergy comprehend all persons in holy orders and ecclesiastical offices,

are exempted from serving on juries or holding temporal offices,.

and from arrests during divine service,.....

1. The archbishop or bishop, elected by the chapter of the cathedral church

by virtue of license from the crown,..

377

OF THE CLERGY (continued).

the archbishop the chief of the clergy of the province,..

the bishop chief within his diocese,...

PAGE.

....

380

382

382

382

383

383

their offices become void by death, deprivation, or resignation,

2. the dean and chapter, the council of the bishop,....

3. the archdeacon subordinate to the bishop in the diocese,.

4. the rural dean, now almost out of use,.....

5. the parson and vicar; the first having for the most part the whole right to

the dues in the parish; the second having an appropriator over

him,.

......

.....

.384-388

to these, holy orders, presentation, institution and induction necessary,. 388
they cease to be such in various modes,.

6. the curate, a temporary officiating minister,..

7. church wardens, the guardians of the church and representatives of the

body of the parish,.

8. parish clerks and sextons,...

woman may be sexton,.

OF THE CIVIL STATE,...

CHAPTER XII.

the laity divisible into three states, civil, military and maratime,.

the civil, includes all the state except the clergy, the army and navy,

consists of the nobility and commonalty,...

the nobility are, 1. dukes; 2. marquesses; 3. earls; 4. viscounts;

5. barons,

396-406

396

396

396

396-399

400

401

402

402

402

.403-407
406n

the commonalty consist of the several orders of knights, esquires, gentle-
men, yeomen, tradesmen, artificers and laborers,....

table of precedence,..

OF THE MILITARY AND MARITIME STATES,

the military state includes all such persons as are appointed for the safeguard and

defense of the realm,...

the maritime state consists of officers and mariners of the navy,.

its present condition due to navigation acts,.....

may be supplied by impressment,...

governed by its own rules, articles and orders,

disabled or superannuated sailors cared for,.

OF MASTER AND SERVANT,..

CHAPTER XIV.

422-432

the private economical relations of persons are:

1. master and servant; 2. husband and wife; 3. parent and child; 4. guard-

apprentices, who are bound by indentures to learn an occupation,.

laborers, who are hired by day or week,...................

426

427

stewards, bailiffs and factors, who act rather in a ministerial capacity, but

in law are servants,..

427

OF MASTER AND SERVANT (continued).

2. reciprocal rights of servant and master,.

.་་་་་

third persons may be affected by this relation,.

master may maintain his servant in his suits.............

may have an action for loss of service,..............................

may justify assault in his defence,...

the servant a corresponding right,...

....

430

is responsible for acts of servants done by his command,.

liable upon contracts made by servant within scope of his authority, 430n

liable for injuries caused by negligence of servant,......

not for his intentional torts,....

431

431n

OF HUSBAND AND WIFE,..

CHAPTER XV.

.....433-445

the relation of marriage includes the reciprocal rights and duties of husband and

wife,.....

433

433

434

434

439

the disabilities are,

I. canonical, which include precontract, relationship within prohibited

degrees, and some particular corporal infirmities,.......

what is a sufficient contract of marriage,...

the relation may be dissolved by death or divorce,..

divorce is of two kinds, one total, and the other partial,

when marriage declared null, the issue are bastards,..

by marriage, the legal existence of the woman is suspended,

husband and wife cannot covenant with each other,.

wife may be attorney for husband,.....

husband may bequeath to wife,.

must provide wife with necessaries,.

434

436

436

437

438

439

440

440

440

husband and wife cannot generally be witnesses for or against each other,.
as to her separate estate, the wife has a power of control,.

wife presumed to act under compulsion of husband,.

general view of the wife's disabilities,.

CHAPTER XVI.

OF PARENT AND CHILD,.....

children are of two sorts, legitimate and illegitimate,.

I. a legitimate child is one born in lawful wedlock, or within a competent

time afterwards..

duties of parents to legitimate children:

1. to provide maintenance,.

447

this duty continues indefinitely, when they are impotent or un-

able to work,....

449

2. to give them protection,

450

3. to educate them,.

450

power of parents over children consists principally in correction and con-

duties of children to parents are obedience, protection and maintenance,.. 453

II. bastards are begotten and born out of lawful matrimony,.

children born during wedlock may be proved bastards,.

duty of parents to maintain bastards,..

.....

bastard is nullus filius, and has such rights only as he can acquire...... 459

OF PARENT AND CHILD (continued).

can be heir to no one,.

but may be legitimated by parliament,.

PAGH.

459

459

CHAPTER XVII,

OF GUARDIAN AND WARD,

this relation bears near resemblance to that of parent and child,.

1. guardian by nature is the father, and sometimes the mother,...

2. guardians for nurture, who are the parents, or, if there are none, some per-

son appointed by the ordinary,....

3. guardians in socage, when the minor is entitled to lands,.

461

461

462

463

.463n

..463n

463

463

464

464

465

466n

OF CORPORATIONS,

467-485

the king may grant to subjects the power of erecting corporations,.

there must be a corporate name,.

II. the capacities and incapacities of corporations,

467

467

469

469

469

469

......

470

...

470

470

..470n

470

471

470

472

472

472

472

473

473-474

2. to sue and be sued, grant and receive, &c., by the corporate name,.

475

3. to purchase and hold lands,

475

4. to have a common seal by which their acts and contracts evidenced,....

may do many acts without seal,..

475

475n

acts ultra vires void,.

475n

some corporations may give notes and bills,.

475n

corporations liable generally for wrongful acts and neglects of officers

OF CORPORATIONS (continued).

may take goods and chattels for themselves and their successors,...
act of major part is act of whole,....

PAGE.
477

478

may purchase lands for themselves and their successors,.
the statutes of mortmain restrain this power,

duty of corporation to act up to end and design of their creation,

III. corporations, how visited,.....

in the case of ecclesiastical corporations,..

supervision is exercised through the king's bench,.....

powers of visitor,...

legislature the visitor in United States,

IV. how corporations may be dissolved,.

478

479

480

480

480

of lay corporations, the founder or his heirs or assigns are visitors,

480

481

483

.482n

484

tacit condition of grant of charter that the purpose shall be observed,. 485

forfeiture must be judicially declared,.....

the writ of quo warranto,to inquire into usurpations of corporate franchises, 485

BOOK II. OF THE RIGHTS OF THINGS.

OF PROPERTY IN GENERAL,.

CHAPTER I.

all dominion over external objects is the gift of the Creator,

the substance of things at first common to all,..

each appropriated what his necessities required,..

temporary rights in permanent things acquired by occupancy,

afterwards not the use only but the substance of things appropriated,.

.1-14

2

3

3

3

4

5-9

7

9

societies established conveyances, wills and heirships, to continue the proprietorship, 9-13
the sovereign succeeds to inheritances to which no other title can be formed,. 11

some things still remain in common; such as light, air and water, and animals

feræ naturæ,..

in these individuals have only a usufructory property,..........
other things, as waste lands, wrecks, estrays and game, the law, to prevent dis-
sensions vests in the sovereign,

OF REAL PROPERTY: AND FIRST, OF CORPOREAL HEREDITAMENTS,.

things real consist of lands, tenements and hereditaments,.

land comprehends all things of a permanent substantial nature,..

tenement signifies everything that may be holden of another, and includes land, 16

hereditament includes both the others and whatever may be inherited, whether

corporeal or incorporeal,...

corporeal hereditaments are such as effect the senses and may be seen and

handled,.......

17

they include land, which in a legal sense includes the structures upon it,
and the water standing on or flowing over it,...
and has an indefinite extension up and down,..

...

18

18

CHAPTER III.

OF INCORPOREAL HEREDITAMENTS,

an incorporeal hereditament is a right issuing out of a thing corporate, or concern-

ing or annexed to or exercisable within the same,.

20-43

20