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Updated: May 14, 2025
As for feudality, so long as the power to alienate exists at all in the tenant, he does not hold by a feudal tenure. He has bought himself from all such tenures by his covenant of quarter sale; and it only remains to say whether, having agreed to such a bargain in order to obtain this advantage, he should pay the stipulated price or not." "I understand you, sir.
But when one reads in the Report for 1906 the fifteenth annual report of the Board that since its establishment the Board has enlarged 1,220 tenures, re-arranged 537, and created 220, and realises, further, that there are in Ireland 200,000 uneconomic holdings, one may well ask what are these among so many?
She may hold real property under three different tenures: an equitable separate estate created by certain technical words in the conveyance, and this she can dispose of without husband's consent; a legal separate estate, which she cannot convey without his joinder; and a common law estate in fee, of which the husband is entitled to the rents and profits. Dower and curtesy prevail.
The soil was well fitted for agriculture: numerous small streams were ready to offer their service to settlers. This region remained uninhabited, however, for many years later than would ordinarily have been the case; not so much from fear of hardships or Indian troubles as on account of the uncertainty of the land tenures which could be acquired.
Alison say, for instance, of the Manor of Rensselear? A manor, in the legal sense it is no longer, certainly, the new institutions destroying all the feudal tenures; but, as mere property, the late Patroon transmitted it as regularly to his posterity, as any estate was ever transmitted in Europe.
In Normandy old hatreds had deepened year by year as Henry had gone on steadily seizing castles and lands which had fallen out of the possession of the crown. In 1171 he had doubled the revenue of the duchy by lands which the nobles had usurped. In 1172 he had alarmed them by having a new return made of the feudal tenures for purposes of taxation.
Half of the people who howl about the expense of royalty know nothing about these Crown lands, which really belong to royalty at least as much as the property of those holding estates originally granted by kings belongs to such proprietors, and if exception were taken to such tenures scarcely any title in England would be safe.
In either of the latter cases the injury done the community would be greater than if the present tenures were to exist a thousand years. I dare say much the larger portion of those farms can be bought off at a moderate advance on their actual money-value; and that is the way to get rid of the difficulty; not by bullying owners out of their property.
But Primogeniture usually governed the inheritance of that class of estates, in some respects the most important of all, which were held by tenures that, like the English Socage, were of later origin than the rest, and were neither altogether free nor altogether servile. The diffusion of Primogeniture is usually accounted for by assigning what are called Feudal reasons for it.
The Constitutional Act of 1791 greatly complicated the situation by its provisions relating to the so-termed 'clergy reserves, or reservations of lands for Church endowment, and it was not until 1825 that the Canada Trade and Tenures Act opened the way for a commutation of tenures whenever the seigneur and his habitants could agree. This act was permissive only.
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