Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/332

 316 this reaon is exprely given; becaue the peers or vaals of the lord, being bound by their oath of fealty, will take care that no fraud be committed to his prejudice, which trangers might be apt to connive at. And though, afterwards, the ocular attetation of the pares was held unneceary, and livery might be made before any credible witnees, yet the trial, in cae it was diputed, (like that of all other attetations ) was till reerved to the pares or jury of the county. Alo, if the lands be out on leae, though all lie in the ame county, there mut be as many liveries as there are tenants: becaue no livery can be made in this cae, but by the conent of the particular tenant; and the conent of one will not bind the ret. And in all thee caes it is prudent, and uual, to endore the livery of eiin on the back of the deed, pecifying the manner, place, and time of making it; together with the names of the witnees. And thus much for livery in deed.

in law is where the ame is not made on the land, but in ight of it only; the feoffor aying to the feoffee, "I give you yonder land, enter and take poeion." Here, if the feoffee enters during the life of the feoffor, it is a good livery, but not otherwie; unles he dares not enter, through fear of his life or bodily harm: and then his continual claim, made yearly, in due form of law, as near as poible to the lands, will uffice without an entry. This livery in law cannot however be given or received by attorney, but only by the parties themelves.

2. conveyance by gift, donatio, is properly applied to the creation of an etate-tail, as feoffment is to that of an etate in fee, and leae to that of an etate for life or years. It differs in nothing from a feoffment, but in the nature of the etate paing by it: for the operative words of conveyance in this cae are do or dedi ; and gifts in tail are equally imperfect without livery Rh