1000000030

910

potbec for his fcu·duly, of the fame kind wilh Ihat ju!l

explained.

24. ID tack! of houfes, breweries, /hops, and other

tenement!, whicb have no natural fruils, the furniture

and other goods bronght ioto the fubjea fet are hypo·

thecated to the laodlord for one ¡ear's reot.· But the

leoabt may by fale impair this hypothec, as he Dligh¡ that

of cattle,in rural tenemenls; and indeed, io the particular

cafe

a /hop, the lenaot reols it for 00 otber purpofe,

Ihan as a.place of fale.

Tit.

14.

the

ran[miffion

RighIJ,

Con·

firmatioll fllld Refigl/ation.

the difponee to be a baCe infe!tmcot, bmufe a publie

right is null without coofirmalion: But, if the receiver

fllall afterwards obtaio the fuperior's con6rmllioo, it is

coofidered as

it bad beeo from tbe beginoing a pu·

blie right.

5. Wbere two feveral public,rights

fhe fame fub–

jea are eoofirmed by tbe fuperior, tbeir prefereoce il

goveroed by the dates of the coofirmations, OOt of the io·

feftmenls co06rmed; becaufe it is the eooSrmatioo wbich

eompleats a publie right.

6. Though a public right becomes, by tbe fuperior's

eonfirmalioo, valid from its date; yel if aoy mid impedi.

meot intervene betwixt tbal period and the eooSrmation,

to hioder the two from beiog eonjoined,

if Ihe

VASUL

may traofmil his feu eimer to univerfal fue· granter of a public right /hould afterwards grant a bafe

(elfors, as ' heirs ; or to úogular fueeell'ors,

thofe right to aoother, upon wbieh feifio is

uk.eo

before the fu–

wbo aequire by gift, purchafe, or other fiogular title. perior's eooSrmatioo

the Srll, the co06rmation will

This la!l fort of traofmillion is eitber voluntary, by dif· have e/feél only from its owo date; and eonfequently me.

}ofition; or oetell'ary, byadjudicatioo.

bafe right 6dl eompleated, will carry the

propulJ

of tbe

By tbe Srfl feudal rules, no fuperior eould be como lagds preferable to the publie ooe. •

peJled to

reeei~e

any

~all'al .io

tbe laods, olher.tban the.

7. Refignatioo is tbat form of law, by whicb avall'al

heir exprell'ed 10 tbe IDveRlture; for me fupenor alooe furrcoders his feu to bis foperior; aod jt is either

pfr;

had tbe pOller of afcertai'niog to wbat order of hejrs tbe

ptlUam mnanenliam,

in [auOf<m.

I~.rcGgoatioos

QtI

fee graoted by himfelf was to defeeod. But this right of

rtmamnliam,

where tbe fea js reGgned,

the efea

nfufal in tbe fuperior did not take place,

l .

lo tbe eafe thai it may remaio with the fuperior, tbe faperior, wbo

(Jf crediton apprifers or adjuJgcrs, whom foperiors were before had the fuperiority,

atquir~,

by tbe reGgnation,

Clbliged toreteive upon paymeot of ayear', rento

In the property alfo of the Iands reGgned : and as bis in·

lbe eafe of purthafm of bank.rupt e!lates, who were pat feftment io tbe laods Ilill fubG!led, nOlwitbllaoding tbe

00 Ihe fame footing witb adjudgcrs. The Crown refufes r¡ght by wbich he bad given his vall'al the property; tbere·

lO voluntary difpooee, on his payiog a compoGtioo to the fore, upoo the valfals rdignation, the fuperior', rigbt

txthequer of a fixtb part of the valued reoL Now fu· property revives, and is eoofolidated witb the foperioriry,

pedors'are direaed tO enter all Gogular fuceelfors (except without tbe oeeelJily of a new iofeflmeot; but tbe

iD–

iocorporatioos) wbo /hall have got from tbe vall'.1 a dif· flrumeot of refignalion mu!l

retorded.

,oúlioo, tontaioing procuralory of reGgnatioo; theyal.

8. ReGgoatioos

in [Mvmm

are made, Dot witb an

\l'ays receiving the fees or eafualties !hat law eolitles inteotion that the property reGgoed /hould

r~maio

with,

&hem to on a valfal', entry, i.

t .

a y.m 's reqt

the fuperior, but that it /hould be again giveo by bim,

3. Bafe rights,

i.. ,.,

difppfitions to

boldeo of the in favour eimer of Ihe reúgner

hi?Jfel~,

or of a tbirG

difpooer, are traofmllJioos oQly of the property, tbe fu. party; coofequeotly Ihe fee remalOI

the refigner,

periority remaining as formerly. As this kiod of right

liII

the perfoo io wbofe favour refigoatjon is made get'

mioht, before eflablilhiog tberegi!lers, bave beenkept quite ' bis right from the fuperior perfeéled by fcifin . Aod be–

co;eealed from a11 but the granter aod receiver, a public caafe refigoations

infavor/m,

are bat incompleat penon.

right was preferable to it, uolofs c10amed

wit~

poll'effion:

deeds, our law has made no provifioo for recording

But as Ibis di!linélion was 00 longer oeeell'ary after the tbem . Heoce, the 6rn feifin 00 a.fecond. rdigoatioo

dlabli/hment of Ihe reeords, all jufeftments are declared preferable to the Ian feifio upon the fir!l reúgoation; but

preferable,

~ecordiog

to the

dal~

of thei.r fe.veral regi, the fuper.ior, aeteptigg a

feton~ r~fignatioo,

wbereupoa.

flrations; wJthout refpeé! to the formerdllhnalOn of bafe apnor felGnmly be taken In pre)1u1lee of

tb~

'rl\, reGgna.

and. publie, or

beiog Qoamed aud not c10atbed witb tory, i, liab!e in damages.

1l0lfellioo.

9. By our former deciGom, one who was veRed

4.. Public righu, l. ,. dirpoGtioos to be holdeo of tbe witb a perfonal right of lands,

a.rigbt oot eompleat.

graoler's fuperior, may be perfeaed either by eoofirma· ed by feifin, effeélually diveRed himfelf by diijJoning

tioo or reflgnatiolJ.; aod tberefore, they geoerally con· to ¡notber; after whicb, 00 rieht remained io the diC·

tain both precept offeifio aod procuratory of refigoatioo. poner, which eould be carried by a fecood difpofitioll,

W,hen. the

retei.er

to complete his right in the firll becaufe a perfooal rigbt is 00 more than

ajuJ ob!igalionÍl,

way, he takes feiJio upoo the precept; bot Cuch feifin is which may be mnsferred by any deed fulliClently ex,.

ineffeélual without tbe fuperior's eon6rmation ; for tbe prelliDg me will of Ihe graoter. BUI this.doarioe, at tho

difponee cannot be deemed a vatral, tilllbe foperior re· fame time that it rendered the feeurity of the records ex–

(eive him as fuch. or eonfirm the holdiog.

th~

ufua! tremely uncertain, was not Iruly applicable 10 Cuch rights

llyle' in the mnfmillion of lands, the diCpolltion eou· as required feifin to complete them; 1Jld

the~erore

it oow

tains an obligation and precept of ¡nfcftOlent, both

obtaios, that the granter eveo of a perCoDaI nght of land"

and

dt mt,

in the optioo of the

diCpon~e;

upoo which, is not fo divened by tonveyiog the right to one perfon,

¡¡

feiJin

takeo indefioitely" it

conllrued

[avour of but that he may effcaaally make

over afterwards

flc.tber