Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/331

 Ch. 20. to the remainder-man himelf, by conent of the leee for years: for without his conent no livery of the poeion can be given ; partly becaue uch forcible livery would be an ejectment of the tenant from his term, and partly for the reaons before given for introducing the doctrine of attornments.

of eiin is either in deed, or in law. Livery in deed is thus performed. The feoffor, leor, or his attorney, together with the feoffee, leee, or his attorney, (for this may as effectually be done by deputy or attorney, as by the principals themelves in peron) come to the land, or to the houe; and there, in the preence of witnees, declare the contents of the feoffment or leae, on which livery is to be made. And then the feoffor, if it be of land, doth deliver to the feoffee, all other perons being out of the ground, a clod or turf, or a twig or bough there growing, with words to this effect. "I deliver thee to you in the name of eiin of all the lands and tenements contained in this deed." But, if it be of a houe, the feoffor mut take the ring, or latch of the door, the houe being quite empty, and deliver it to the feoffee in the ame form; and then the feoffee mut enter alone, and hut to the door, and then open it, and let in the others. If the conveyance or feoffment be of divers lands, lying cattered in one and the ame county, then in the feoffor's poeion, livery of eiin of any parcel, in the name of the ret, ufficeth for all ; but, if they be in everal counties, there mut be as many liveries as there are counties. For, if the title to thee lands comes to be diputed, there mut be as many trials as there are counties, and the jury of one county are no judges of the notoriety of a fact in another. Beides, antiently this eiin was obliged to be delivered coram paribus de vicineto, before the peers or freeholders of the neighbourhood, who atteted uch delivery in the body or on the back of the deed; according to the rule of the feodal law, pares debent interee invetiturae feudi, et non alii: for which Rh