A Woman without her Husband, or one Member of a Corporation alone, may not make Feoffinents of Lands without the Hufband or the other Members of the Corporation, altho' they confent to it. Perk. Sect. 185, 186, 205, 224, 225.

A Feoffment made of a House cum Pertinentiis, nothing shall pass by thefe Words cum Pertinentiis, but the Garden, Curtilage, and the Clofe adjoining to the House, and upon which the House is built, and no other Land, tho' the other Land has been occupied with the Houfe. Br. Feoffments de Terres 53. 23 H. 8.

If four Perfons join in a Feoffment in Fee, whereof three of thofe Perfons have nothing in the Land, this is, notwithstanding, a good Feoffment in Law. 42 Ed. 3. 12.

A Man enfeoffs four Men by Deed, and makes Livery of Seifin to one of them in the Name of all; this is a good Feoffment to all of them': But if a Man infeoff four without Deed, and makes Livery of Seifin to one of them in the Name of all, there nothing vefts but in him that took by the Livery. 15 E. 4. 18.

A Feoffment in Fee to four Men, and one of the four makes a Letter of Attorney to A. B. tó receive Livery for himself and his Companions, which is accordingly executed, nothing paffes but to him only that made the Letter of Attorney; for every Feoffee or his Attorney, ought to receive Livery. Br. Feoffments de Terres 67, and 72. 16 E. 4. i.

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A Man makes an abfolute Deed of Feoffment, and a Letter of Attorney to make Livery of Seifin abfolute, and the Attorney delivers it upon Condition; this is adjudged a Diffeifin, 12 A. pl. 24.

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A Letter of Attorney is made to A. B. to deliver Livery and Seifin in the Capital Meffuage, and he doth it in another Place of the Land; or between the Hours of Two or Three, and he does it before or after, &c. the Act of the Attorney as to execute the Estate is void. 10 H.7.9.b. 16 Eliz. Dyer 337. 10 H.7.15.b. 11 H.7. 13. a. 11 Eliz. Dyer, f. 283.

A Letter of Attorney is made to three, Conjunctim & Divifim, two cannot make Livery of Seifin. 38 H.8. Dyer 62. and 27 H. 8.6.b.

A Letter of Attorney to deliver Poffeffion without a Deed of Feoffinent, is void in Law. Kelwey's Rep. f. 51. a.

A Feoffinent made to Margery, and Livery and Seifin made to Margaret, which is her true Name, this is a good Feoffment. Rolls, 1 part, f. 230. Butler verfus Fincher.

A Charter of Feoffment from a Day to come, if Livery of Seifin be made by the Party, after the Day, the Livery is good. Palmer, f. 35. Taylor verfus Fisher and Greenwood.

A Fecffinent to the Parfon of Dale and his Succeffors in Fee, to the Ufe of the Parifhioners; this Ufe is void, for that the Parishioners are not capable to take. 12 H. 7. 27. and Crompton, f. 62. B. Tit. Chancery.

A Feoffment is made to A. B. and the Feoffor delivers the Deed upon the Land; this is a good Feoffiment, and fo adjudged by all the Juftices of the Common Pleas. Br. Feoffments 74.

If a Man makes a Charter of Feoffment, and ftands afar off and fhews to the Feoffee the Lands which are comprized in the Charter, and delivers to him the Charter, and willeth him to enter, and the Feoffee fees the Lands and receives the Charter, and agrees to it, but does not dare

for fear of Death to enter; this is a fufficient Poffeffion to have an Affize, and fo a good Feoffment without Livery or Entry. 38 Aff. pl. 23.

If a Man is feized of a Houfe, and fome other Houses, and makes a Leafe for Years of the other Houses, and after the Leffor makes a Charter of Feoffment of all the Houses, and makes Livery in the House of which he is feized, and not in the other Houses; nothing in the other Tenements paffeth; but if he had made a Leafe at Will, it had been ctherwife. Dalifon's Rep. f. 46. pl. 1.

If there be Land for Life, the Remainder in Fee, he in Remainder makes a Deed of Feoffment, and a Letter of Attorney to deliver Seifin, and the Attorney enters and makes Livery accordingly; yet the Remainder paffeth not thereby, for the Attorney by his Entry makes a Diffeifin, and fo plucks the Fee and Freehold out of both before Livery: But if he in Remainder himself enters and makes a Feoffment, then the Remainder paffeth. Dalifon's Rep. f. 113. ph 4.

It was holden by the Court, That if a Feoffment be made of a Houfe, and the Deed be delivered in the Houfe, without other Circumftances, the fame doth not amount to a Livery of Seifin; but if any Act be done by which the Intent of the Feoffor appeareth, that the Feoffee fhould have Livery and Seifin; as if the Parties go of Purpose to the Place intended to pass it, to the Intent that the Deed may be delivered in that Kind, the fame doth amount to a Livery : By Anderson and the whole Court. Leonard, 1 Part, n. 287. Wills and Snowball's Cafe.

It was held by Dyer and Manwood, That if a Leafe be made to B. for Years, the Remainder to G 4

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the right Heirs of the faid B. and Livery of Seifin is made, that the Remainder is void; because there is not any Perfon in effe, who can take presently by the Livery, and every Livery ought to have its Operation presently: But where a Leafe is made to B. for Life, the Remainder to his right Heirs, there he has a Fee executed, and it fhall not be in Obeyance, for there he takes the Freehold by the Livery. Leonard, 4 Part, n. 67.

A Man makes a Leafe for Years of a House, the Leffor makes a Feoffinent to a Stranger, and comes to make Livery; the Wife of the Leffee (in his Abfence) being there within, the Leffor enters, and by Force extrudes the Wife against her Will to the Backfide, which was Part of the Land leafed, and Livery in the House was made in the Name of all the Land: And because the Wife always remained on the Land and contradicted the Livery, the Livery was void; but if fhe had gone out of the Houfe by Agreement, altho' fhe had remained upon fome other Part of the Land, the Livery had been good, and if the Leffor had extruded her by Force, and againft her Will, into the High Street, fo that she had not been upon any Part of the Land at the Time of the Livery, then the Livery had been good: By Harpur, Manwood, and Mounfon, in the StarChamber. Dalifon's Rep. f. 94. pl. 18.

Land was devifed to the Father for Life, Remainder to the next Heir Male of the Father, and to the Heirs Males of his Body: The Father infeoffs A. B. with Warranty: It was refolved,That by the Feoffment of the Tenant for Life, the Remainder was deftroyed, for every contingent Remainder ought to veft either during the particular Efiate, or at the leaft ei infanti that the

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particular Eftate determineth; for if the particular Eftate be ended or determined in Deed, or in Law, before the Contingency fall, the Remainder is void. And in this Cafe, by the Feoffment of the Father, his Eftate for Life was determined by Condition in Law, which cannot be revived by any Poffibility; for this Cause the contingent Remainder is void, and by the Feoffment no Right of the particular Estate remaineth. Co. lib. 1. 66. Archer's Cafe. Cro. 1 Part, 453. Baldwin verfus Smith.

But A. Tenant for Life, the Remainder to B. for Life, the Remainder in Tail, the Remainder to the right Heirs of B. A. and B. join in a Feoffment by Deed, albeit it may be faid, that this is the Feoffment of A. and the Confirmation of B. and confequently he in the Remainder in Tail cannot enter for the Forfeiture during the Life of B. Yet because B. joined in the Feoffment, which was tortious to him in Remainder in Tail, therefore they forfeited both their Eftates, and he in Remainder in Tail might enter for the Forfeiture. 17 Eliz. Dyer, fo. 339.

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Of Fines.

Fine is taken for a final Agreement, or Conveyance upon Record, for the fettling and Affuring of Lands and Tenements acknowledged in the King's Court (by the Cognizor of the Land, or other Thing) to be the Right of the Conufee.

This Fine is called a Feoffment on Record, because it includeth all that a Feoffment doth, and barreth the Entail peremptorily, whether

the