FINE. Sur concessit (for years). No. CCCLII. A Fine Sur concessit by a Man and his Wife passing an Estate for years, in Land, the Inheritance (1) of the Husband. Variations where it is the Inheritance of the wife. Where there are several cognizors. Where there are several cognizees. Description of parcels. Several cogni zors. Several cogni zees. PRECIPE. Yorkshire COMMAND John Stiles, Esquire, (the deforceant or To wit. cognizor), and Mary his wife, that justly, and without delay, they perform to Richard Baker, gentleman, (the plaintiff or cognizee), the covenant made between them of (the particulars) (2), and unless, &c. (3) CONCORD. AND the agreement is such, to wit, that the aforesaid John (4) and Mary (5) have granted (6) to the aforesaid Richard (7) the afore (1) If the estate of the husband be for years only, whether in his own right or right of his wife, no fine is requisite to pass it, as the husband has an absolute power of disposition over his chattel interests even though coming from the wife. (2) For the different species of property of which a fine may be levied, and the manner in which they are to be described, see ante, pp. 504. 506. (3) See ante, p. 506, n. (5). (4) See ante, p. 507, n. (1). (5) If there be several cognizors, say, "The aforesaid John, Thomas and William, have granted, &c." (6) See ante, p. 514, n. (2). (7) If there be several cognizees, say, "Have granted to the aforesaid Richard and James, the aforesaid tenements, with the appurtenances, To HAVE AND TO HOLD the same tenements, with the appurtenances, unto the said Richard and James, from, &c. day of said tenements (1), with the appurtenances, To HAVE AND TO HOLD Taken, &c. FINE. Sur concessit (for years). (1) See ante, p. 507, n. (4). (2) If it be the estate of the wife, say, "And the heirs of the said Mary." (3) If there be several cognizors, say, "AND moreover, the said John, Thomas and William, have granted for themselves and the heirs of the said John, that they will warrant to the aforesaid Richard, the aforesaid tenements, with the appurtenances, against them the said John, Thomas and William, and the heirs of the said John, during the term aforesaid." (4) If it be the wife's estate, say, (7) See ante, p. 509, n. (4). Wife's estate. Several cogni zors. Wife's estate. Several cogni zees. Wife's estate. FRIENDLY SOCIETIES. It has been found more convenient to insert the acts intended to be introduced here relative to FRIENDLY SOCIETIES in a subsequent part of the work, see post. Vol. III. " SOCIETIES." GIFT. Benefice. No. CCCLIII. A Gift of a Benefice or Living (1). TO ALL CHRISTIAN PEOPLE TO WHOM THESE PRESENTS SHALL Nature of a donative. Patron waiving his privilege of donation, by presenting to advowson it is said becomes presentative. (1) See post. Vol. III. "PRESENTATION." A donative is a spiritual preferment, be it church, chapel, or vicarage, which is in the free gift of the patron, who may, by his sole act or deed of donation, vest the church absolutely in the clerk, without the necessity of his being either presented to the ordinary, or instituted, or inducted by him; Powell v. Milburn, 3 Wils. 355; 2 Black. Comm. 23. In this case, the church is exempt from every kind of jurisdiction of the ordinary, which is transferred to the patron, who has not only power by his commissioners appointed for that purpose to visit the church, but to him, and not to the ordinary, the clerk must prefer his resignation; Co. Lit. 344. a. (2) It is necessary in disposing of a living, to attend to the distinction between a presentative and donative advowson, and to frame the deed of gift accordingly; because it has been said, that if the patron of a donative the ordinary, the advowson once waive his privilege of donation by presenting to the ordinary, the advowson will cease to be donative, and become presentative ; Co. Lit. 344. a. Fairchild v. Gayre, Cro. Jac. 63; 2 Blac. Comm. 23; for as "these exceptions to general rules and common right are always looked upon in an unfavourable view, and construed as strictly as possible," if the patron in whom such peculiar right resides, once gives up that right, the law, for uniformity's sake, will interpret it to be done with an intention of entirely relinquishing it, and reduces it therefore to the standard of other ecclesiastical livings; 2 Blac. Comm. 23. But this doctrine seems to have been denied in the case of Lidd v. Widdows, 1 Salk. 541, in which it was holden, that though a presentation may destroy an impropriation, yet it cannot destroy a donative, the creation of a donative being always by letters patent. , C. D. clerk (1) the aforesaid church of GIFT. Benefice. (1) It is necessary, in the case of a donative, that the donee should be in priest's orders, for by the 13 and 14 Car. 2. c. 4. s. 14, no person is capable of being admitted to any parsonage, vicarage, benefice, or other ecclesiastical promotion or benefice whatsoever, before such time as he shall have been ordained a priest, according to the form and in the manner prescribed by the Book of Common Prayer; and see also Hill v. Barne, 2 Levinz. 250. Sir T. Jones, 132. S. C. Donee must be in priest's or ders. donative. (2) In order to give the incumbent complete possession of his bene- Induction not fice, where it is a presentative benefice it is necessary that he should necessary in a be instituted and inducted by the bishop; but, in the case of a donative, this is superfluous, the donee being by force of the deed of donation in the actual and complete possession of the benefice to all intents and purposes, without being either instituted or inducted by the patron himself, or any other person whomsoever; and may immediately thereupon maintain an action for the rents and profits; the King v. Bishop of Chester, 1 Durnf. and E. 403; Quarles v. Fayrchild, Cro. Eliz. 653; Powell v. Milburn, 3 Wils. 355. GIFT. Land. No. CCCLIV. A Deed of Gift of Land KNOW ALL MEN BY THESE PRESENTS, that I, (the donor) of, &c. for, and in consideration of the esteem and regard which I have for (the donee), of, &c. HAVE given and granted, and by these pre 1) See ante, p. 292, n. (1), as to Deed-poll. A deed of gift is generally considered as a conveyance of an estate tail, in corporeal hereditaments, to another without any good or valuable consideration, in contradistinction to the conveyance of an estate in fee simple by feoffment, and an estate for life, or years by lease, see Lit. s. 57; Shep. Touch. 227; and in incorporeal property, by grant; or to either of these assurances, for a valuable consideration; and when used for that purpose, has the same operation, and must be attended with the same ceremony of livery as a deed of feoffment, Lit. s. 59. But it being like all voluntary conveyances, void as against subsequent purchasers for money or other valuable consideration, by the statute of 23 Eliz. c. 4; see Townsend v. Windham, 2 Ves. 10; even although the previous conveyance were for a fair and reasonable settlement on a wife and children after marriage, and although the purchaser had notice of the settlement; Pulvertoft v. Pulvertoft, 18 Ves. 85; and, that, though the sale rest only in contract; Buckle v. Mitchell, ib. 100, (that statute, by the construction which it has received, making the fraudulency of a conveyance absolutely depend upon its having or not having been made for a valuable, or at least, a meritorious consideration, 1 Ch. Ca. 100, 216; Doe dem. Otley v. Manning, 9 East, 163; and which must be a bonâ fide, and not a colourable consideration only, Doe dem. Parry v. James, 16 East, 212;) it is now very seldom had recourse to. But it will, nevertheless, be binding upon the party himself, Villers v. Beaumont, 1 Vern. 100; Bale v. Newton, ib. 464; Pulvertoft v. Pulvertoft, 18 Ves. 85; and unless it is said the gift be by a client to his attorney, see Wills v. Middleton, 1 Cor. 112; and all claiming under him, except purchasers for a valuable con. sideration, Townsend v. Windham, 2 Ves. 10; and also be good against all creditors who were not such at the time of the gift, Kidney v. Coussmaker, 12 Ves. 155; or where made upon a wife or children, if before marriage, even though of moveables, and without an inventory, and even though the husband was indebted at the time of the settlement, Lewis v. Madock, 17 Ves. 48; or though made by a brother, uncle, or other |