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LAW OF EVIDENCE.
AS ADMINISTERED IN ENGLAND AND IRELAND;
ILLUSTRATIONS FROM THE AMERICAN AND OTHER FOREIGN LAWS.
BY JOHN PITT TAYLOR, Esq.,
JUDGE OF THE COUNTY COURTS FOR LAMBETH, GREENWICH, AND WOOLWICH.
IN TWO VOLUMES.
Longum iter est per præcepta,
Breve et efficax per exempla.-SENECA,
WILLIAM MAXWELL & SON, 29, FLEET STREET, E.C.
MEREDITH, RAY, & LITTLER, MANCHESTER;
HODGES, FOSTER, & CO., AND E. PONSONBY, DUBLIN ;
THACKER, SPINK, & CO., CALCUTTA; C. F. MAXWELL, MELBOURNE.
CONTINUATION OF PART II.
RULES GOVERNING THE PRODUCTION OF TESTIMONY.
MATTERS REQUIRING TO BE EVIDENCED BY WRITINGS.
§ 972. In the present chapter. will be considered briefly those § 892 matters, for the proof of which the law requires a written document more or less formally executed; and, first, as to those transactions which, at common law, are required to be evidenced by deed. The most important of these relate to incorporeal rights; and it is now clearly determined, that all such rights, whether they amount to an interest in land or not, lie in grant, and as such can neither be created, assigned, demised, or surrendered, except by deed.1 The term "incorporeal rights" includes among other things, advowsons, ferries, rents, interests in lands not in possession, as remainders, or reversions for life or years, profits à prendre, easements, and the like; and the principle, which requires such rights to be evidenced by documents under seal, does not depend on the quality or amount of interest granted, transferred, or surrendered, but on the nature of the subject-matter; a right of common, for instance, which is a profit à prendre, or a right of way, which is an easement or right in nature of an easement, can no more be granted or conveyed for life or for years or even for days without a deed, than in fec-simple.3
1 Wood v. Leadbitter, 13 M. & W. 842, 843; Hewlins v. Shippam, 5 B. & C. 229; Co. Lit. 337 b, 338 a; 2 Shep. Touch. 300; 1 Wms. Saund. 236 a; Lyons r. Reed, 13 M. & W. 303-305; Bird v. Higginson, 2 A. & E. 696; 6 A. & E. 824, S. C.; Mayfield v. Robinson, 7 Q. B. 486; Roffey v. Henderson, 17 Q. B. 574. Mayfield v. Robinson, 7 Q. B. 486.
3 Wood v. Leadbitter, 13 M. & W. 843, per Alderson, B. See Williams v. Morris, 8 M. & W. 488; Perry v. Fitzhowe, 8 Q. B. 757, 777, 778.