Encyclopaedia Britannica; or, A dictionary of arts and sciences, compiled upon a new plan … > Volume 2, C-L

90 8 L I
4. Saltnon-fifliing is likewife a right underftood to be
referved by the Crown, if it be not exprefsly granted; but
forty years pofleffion thereof, where the lands are either
eredled into a barony, or granted with the general claufe
of fifhings, eftablifh as the full right of the falmon fifhing
in the vaflal. A charter of lands, within which any of
the king’s forelts lie, does not carry the property of fuch
foreft to the vaflal.
j. All the fubjefls, which were by the Roman law ac¬
counted res public#, as rivers, high ways, ports, fee.
are, fince the introduftion of feus, held to be inter rega¬
lia, or in patrimonio principis', and hence incroachment
upon a highway is faid to infer purprefture. No perfon
lias the right of a free port without a fpecia! grant, which
implies a power in the grantee to levy anchorage and
111 ore dues, and an obligation upon him to uphold the
port in good condition. In thisclafsof things, our fore¬
fathers reckoned fortalices, or fmall places of ftrength,
originally built for the defence of the country, either
againft foreign invafions, or civil commotions; but thefe
now pafs with the lands in every charter,
6. The'vaffal acquires right by his grant, not only to
■the lands fpecially contained in the charter, but to thofe
■that have been poilefied forty years as pertinent thereof.
But, 1. If the lands in the grant are marked out by fpe-
cial limits, the vaffal is circumfcribed by the tenor of his
own right, which excludes every fubjedt without thefe
limits from being pertinent of the lands. 2. A right
poflcfTed under anexprefs infeftment is preferable, ceeteris
paribus, to one poffefled only as pertinent, 3, Where
neither party is infeft per exprtffum, the mutual promif-
cuous pofleffion by both, of a fubjedl as pertinent, re-
lolves into a comraomy of the fubjedt po/Tefled: But if
one of the parties has exercifed all the afts of property
of which the fubjedf was capable, while the pofleflion of
the other was confined to paflurage only, or to calling
feal and divot, the firft is to be deemed foie proprietor,
and the other to have merely a right of fervitude.
7. As barony is a nomen univerjitatis, and unites the
feveral parts contained in it into one individual right, the
general conveyance of a barony carries with it all the
different tenements of which it confifts, though they fhould
net be fpecially enumerated, (and this holds, even without
eredlion into a barony, in lands that have been united un¬
der a fpecial name,) Hence likewife, the phflefiion by
the vaffal of the fmalleft part of the barony lands pre-
ferves to him the right of the whole.
8. The vaflal is intitled, in confequence of his pro¬
perty, to levy the rents of his own lands, and to reco¬
ver them from his tenants by an adtion for rent before
his own court; and from all other pofleffors and intro-
mitters, by an adfion of mails and duties before the She¬
riff. He can alfo remove from his lands, tenants who
have no leafes, and he can grant tacks or leafes to others.
A tack is a contradl of location, whereby the ufe of
land or any other immoveable fubjedt, is fet to the leffee
or tackfman for a certain yearly rent, either in money,
the fruits of the ground, or fervices. It ought to be re¬
duced into writing, as it is aright concerning lands;
tacks therefore, that are given verbally, to endure for
term of years, are good againll neither party, for more
L W
than one year. An obligation to grant a tack is as ef-
fedfual againft the granter, as a formal tack. A liferent-
er, having a temporary property in the fruits, may grant
tacks to endure for the term of his own liferent.
9. The tackfman’s right is limited to the fruits which
fpring up annually from the fubjedl fet, either naturally,
or by the induftry of the tackfman ; he is not therefore
intitled to any of the growing timber above ground, and
far lefs to the minerals, coal, clay, fee. under ground,
the ufe of which confumes the-fubftance. Tacks are, like
other contradls, perfonal tights in their own nature, and
confequently ineffedtual againft: Angular fuccdfors in the
lands; but, for the encouragement of agriculture, they
were, byadt 1449, declared eiFedtual to the tackfman for
the full time of their endurance, into whofe hands foever
the lands might come.
10. To give a written tack the benefit of this ftatute,
it muft mention the fpecial tack-duty payable to the
proprietor, which though fmall, if it be not elufory, fe-
cures the tackfman ; and it-muft be followed by pofleflion,
which fupplies the want of a feifin. If a tack does not
exprefs the term of entry, the entry will commence at
the next term after its date, agreeable to the rule, Hhiod
pure debetur, preejenti die debetur. If it does not men¬
tion the ifli, /. e. the term at which it is to determine,
it is good for one year only; but, if the intention of
parties to continue it for more than one year, (hould ap¬
pear from any claufe in the tack, it is fuftained for two
years as' the minimum. Tacks granted to perpetuity,
or with an indefinite ilh, have not the benefit of the fta¬
tute. Tacks of houfes within borough do not fall within
this adt.
x 1. Tacks neceflarily imply a deleftus perfon#, a choice
by the fetter of a proper perfon for his tenant. Hence
the conveyance of a tack, which is not granted to allig-
nees, is ineffedlual without the landlord’s confent. A
right of tack, though it be heritable, falls under the jus
mariti, becaufe it cannot be feparated from the labouring
cattle and implements of tillage, which are moveable fub-
jedls. A tack therefore granted to a Angle woman with¬
out the liberty of afligning, falls by her marriage, becaufe
the marriage, which is a legal conveyance thereof to the
hufband, cannot be annulled. Tnisimplied exclufion of af-
fignees.’is however limited to voluntary, and does not extend
to neceflaryaffignments, as an adjudication of attack by the
tackfman’s creditor; but a tack, exprefsly excluding aflig-
nees, cannot be carried even by adjudication. But tackfmen
mayfubfet, Unlefs fubtenants are exprefsly excluded ; and
liferent tacks, becaufe they import a higher degree of
right in the tackfman, than tacks fora definite term, may
be afligned, unlef? affignees be fpecially excluded.
12. If neither the fetter nor tackfman (hall properly
difeover their intention to have the tack diffolved at the
term fixed for its expiration, they are underftood, or
prefumed, to have entered into a new tack upon the fame
terms with the former, which is called tacit relocation,
and continues till the landlord warns the tenant to remove,
or the tenant renounces his tack to the landlmd : This
obtains alfo in the cafe of moveable tenants, who poflefs
from year to year without written tacks.
13. In tacks of land, the fetter is commonly bound to
put