a Man's thus pleading, it will be presumed so to continue, except the contrary be shewn. Litt. Seft. 57. Cro. Eliz. 87, 88. An Estate for Life, tho' a Freehold, is but a particular Estate derived out of the Inheritance, upon which a Reversion or Remainder may depend: But it may in some Cafes descend to the Heir, as when Lands are granted to A. B. and his Heirs, for the Life of C. D. In this Case if A. B. die, his Heir shall have the fame, during the Life of C. D. And this hath been called a Freehold descendible: It is next in order to an Estate-tail, and cannot be made without Livery and Seifin. 10 Rep. 98. If a Man makes a Lease to one for Years, Remainder to another for Life, or in Tail, &c. in this Case it is necessary, that the Leffor make Livery of Seisin to the Lessee, otherwise nothing passeth to him in the Remainder, altho❜ the Leffee or immediate Tenant enter into the Tenements: And here if the Termor entereth before any Livery and Seifin made to him, then is the Freehold and also the Reversion in the Leffor; but if he makes Livery to the Leffee, the Freehold together with the Fee is to them in Remainder, according to the Form of the Grant. Litt. 60. This Livery is not required for the Leffee himself, because he hath but a Term for Years, but it is for the Benefit of those in the Remainder, fo as to enure to them; for the Livery of Poffeffion could not be made to the next in Remainder, because the Poffeffion belonged to the Lesfee for Years, and for that the particular Term, and all the Remainders make in Law but one 2 Estate, and take Effect at one Time. 1 Co. Inft. 49. Ba A A Freehold Lease for Life, of any Thing, if it be in Effe before, may not commence at a Day to come: An Estate of Freehold cannot by the Common Law begin in futuro; but it must take Effect presently in Poffeffion, Reversion, or Remainder. A Man made a Deed of Gift to his Son and his Heirs, of Lands after his Death, and no Livery was made thereon; now if there had been Livery, it would have been void, because a Freehold cannot commence in futuro; yet he might have covenanted to stand seised to the Use of his Son after his Death: And it was held, that it should not be construed as a Covenant to stand seised, by Reafon of the Word Give; by which was intended a Transmutation of the Estate, and not to pass it by Way of Ufe. 5 Rep. 94. March 50,51. It Whatsoever is Part of the Freehold, goes to the Heir, after the Death of the Ancestor; and hence it is, that Glass annexed to Windows, shall defcend as Parcel of the Inheritance to one's Heir: And altho' the Loffee himself at his own Costs put the Glass in the Windows, yet it being once Parcel of the House, he cannot lawfully take it away. has been adjudg'd, that if the Glass be fixed, to Windows by Nails, or in any other Manner, by the Leffor or Lessee, it could not be removed by the Tenant, for without Glass it is no perfect House; and by Lease or Grant of the House, it should pass as Parcel thereof; and perhaps great Part of the Costs expended on the House confifts of Glass Windows, which if they are open to Rain and Tempefts, Decay and Putrefaction of the Timber would follow. Moor 178. 1 Inst. 53.4 Rep. 63, 64. It was also refolv'd, that Wainscot, be it annex'd to the Freehold of an House either by Leffor or Leffee, (that is Landlord or Tenant) is Parcel / of or of the House; and there is no Difference in Law, if it be fastened by great Nails, or little ones, or by Scrues, or Irons put through the Pofts Walls, as have been invented of late Time: For if the Wainscot is by any of the said Ways, or by any other fasten'd to the Posts or Walls of the House, the Leffee cannot remove it, but he is punishable in Action of Waste; because it is Parcel of the House in the same Manner, as the Cieling and Plaistering thereof. 4 Rep. 64. 1 Inft. 53. A Lessee made a Furnace for the Use of a Dyer, and fixed it to the Wall of his House, and the Lessee being condemn'd in Debt, the Sheriff came to the Furnace, and putting his Hands upon it, delivered it to the Defendant, upon which Action of Trespass was brought. Here Glanvil Justice faid, that a Furnace may be delivered in Execution, and the House be never the worse; but it is otherwife of the Doors, because the Lessee cannot be without them: Though a Diftinction has been made, between outer Doors, and inner Doors, put up by the Leffee, after the Commencement of his Term; for the one may be taken away, and the other not. It is not Waste to take away a Furnace; indeed the Heir shall have the fame, but this does not prove it is no Chattel, for it is because it is annexed to the Land, as in Cafe of Writings. By Dyer, The Diversity is when the Furnace is fixed to the Middle of the House, there it is but a Chattel, and is removable; but when fix'd to the Wall, the Termor may not remove it, for the Wall would be the Worse for taking it away, and thereby the Freehold of the House endamaged. Owen 71. Cro. Eliz. 374. Moor 177. It hath been adjudg'd, that if Things for Trade, Oc. are fixed to the Freehold by the Lessee, he may take them down and remove them, so as he do it before the End of the Term. Tenant for Years made an Under-lease of a House in Holborn to one who was by Trade a Sope-boiler, and he for the Convenience of his Trade, put up Fats, Coppers, Tables, Partitions, and paved the Backfide, &c. And by Holt Chief Justice it was held, that during the Term the Sope-boiler might well remove the Fats and other Things he fet up in Relation to Trade, and that by the Common Law, (not by Virtue of any special Custom) in Favour of Trade and to encourage Industry: But after the Term, they become a Gift in Law to him in Reversion, and are not removable. That there was a Difference between what the Sope-boiler did to carry on his Trade, and what he did to compleat the House, as making Hearths and Chimney-pieces, which he held not to be removable. Mich. 2 Ann. Poole's Cafe, i Salk. 368. This was where upon a Writ of Fieri facias issued on a Judgment in Debt against the Undertenant, the Sheriff took up al these Things, and left the House stripp'd and in a ruinous Condition; so that the first Lessee was liable to make it good, and he thereupon brought a special Action on the Case against the Sheriff and those that bought the Goods, for the Damage done to the House: But it was ruled, that the Sheriff might take them in Execution in this Cafe, as well as the Under-leffee might remove them. Ibid. Any Thing fixed to the Freehold, as a Furnace, the Doors or Windows of a House, or fuch like, may not be distrained for Rent. Though by the Common Law, it is not Felony to steal Lead from a Church or House; Corn or Grass growing on the Ground, Apples upon a Tree, &c. for this is only Trespass: But if they are severed from the Freehold, whether by the Owner or the Thief, if he fever them at one Time, and take them away at another, it is Larceny to take them. 2 Danv. Abr. 641. 1 Hawk. P. C. 93. By a late Act, all Persons who shall steal, or rip off, cut or break, with Intent to steal, any Lead, Iron Bar, Gate, Iron Palisadoe, or Iron Rail, fix'd to any Dwelling-house, or other Building, or in any Garden, Court-yard, Fence, &c. thereto belonging, shall be guilty of Felony; and the Court before whom such Persons shall be tried, shall have Power to transport them for seven Years: And Persons that shall be assisting in Stealing, or in such Ripping, Cutting, or Breaking any Lead, Iron Bar, &c. knowing them to be stolen, shall be liable to the like Punishment as for Stealing the fame. 4 Geo. 2. C. 32. From Freeholds in general, I come to Freeholders, as to their Privileges and Qualifications to be chose Members of Parliament, Electors of Parliament Men, Justices of Peace, Jurymen, &c. The Qualification of Freeholders to be Members of Parliament. A N ancient Statute enacts, that Knights of the Shire shall be resident in the County for which they are chosen; as likewise Citizens and Burgesses elected are to be residing in and free of the same Cities and Boroughs, the Day of the Date of the Writ of Summons to Parliament, and they ought to be notable Knights of the County, and notable Esquires and Gentlemen, &c. 1 Hen. 5. cap. 1. And a much later Statute than this hath enacted, That no Person shall be a Member of Parliament, who hath not an Estate of Freehold or Copyhold for Life, B 4 |