Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/310

 294 eion, when once gained, was alo necearily to be continued; or ele, upon one man's dereliction of the thing he had eied, it would again become common, and all thoe michiefs and contentions would enue, which property was introduced to prevent. For this purpoe therefore, of continuing the poeion, the municipal law has etablihed decents and alienations: the former to continue the poeion in the heirs of the proprietor, after his involuntary dereliction of it by his death; the latter to continue it in thoe perons, to whom the proprietor, by his own voluntary act, hall chooe to relinquih it in his life-time. A tranlation, or transfer, of property being thus admitted by law, it became neceary that this transfer hould be properly evidenced: in order to prevent diputes, either about the fact, as whether there was any transfer at all; or concerning the perons, by whom and to whom it was transferred; or with regard to the ubjectmatter, as what the thing transferred conited of; or, latly, with relation to the mode and quality of the transfer, as for what period of time (or, in other words, for what etate and interet) the conveyance was made. The legal evidences of this tranlation of property are called the common aurances of the kingdom; whereby every man's etate is aured to him, and all controveries, doubts, and difficulties are either prevented or removed.

common aurances are of four kinds: 1. By matter in pais, or deed; which is an aurance tranacted between two or more private perons in pais, in the country; that is (according to the old common law) upon the very pot to be transferred. 2. By matter of record, or an aurance tranacted only in the king's public courts of record. 3. By pecial cutom, obtaining in ome particular places, and relating only to ome particular pecies of property. Which three are uch as take effect during the life of the party conveying or auring. 4. The fourth takes no effect, till after his death; and that is by devie, contained in his lat will and tetament. We hall treat of each in it's order.