Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/47

 Ch. 3. 4. of etovers (from etoffer, to furnih) is a liberty of taking neceary wood, for the ue or furniture of a houe or farm, from off another's etate. The Saxon word, bote, is of the ame ignification with the French etovers; and therefore houe-bote is a ufficient allowance of wood, to repair, or to burn in, the houe; which latter is ometimes called fire-bote: plough-bote and cart-bote are wood to be employed in making and repairing all intruments of hubandry: and hay-bote or hedge-bote is wood for repairing of hays, hedges, or fences. Thee botes or etovers mut be reaonable ones; and uch any tenant or leee may take off the land let or demied to him, without waiting for any leave, aignment, or appointment of the leor, unles he be retrained by pecial covenant to the contrary.

everal pecies of commons do all originally reult from the ame neceity as common of pature; viz. for the maintenance and carrying on of hubandry: common of picary being given for the utenance of the tenant's family; common of turbary and fire-bote for his fuel; and houe-bote, plough-bote, cart-bote, and hedge-bote, for repairing his houe, his intruments of tillage, and the neceary fences of his grounds.

IV. pecies of incorporeal hereditaments is that of ways; or the right of going over another man's ground, I peak not here of the king's highways, which lead from town to town; nor yet of common ways, leading from a village into the fields; but of private ways, in which a particular man may have an interet and a right, though another be owner of the oil. This may be grounded on a pecial permiion; as when the owner of the land grants to another a liberty of paing over his grounds, to go to church, to market, or the like: in which cae the gift or grant is particular, and confined to the grantee alone; it dies with the peron; and, if the grantee leaves the country, he cannot aign over his right to any other; nor can he jutify Rh