§ 46. Of Advowsons. An advowson is the right of presentation to a benefice. A benefice is the right to perform ecclesiastical functions in a parish, and to receive the emoluments derived therefrom. To present to a benefice is to appoint the clergyman, who is to discharge these duties and enjoy these privileges. This right of presentation usually subsists in the owner of the estate, in which such parish is comprised, or in some other patron whose appointment, when confirmed by the ecclesiastical authority, vests the benefice in the appointee. As a method of providing for the friends or dependants of the patron, it was once a right of considerable value. Read 2 Bl. Comm., pp. 21-24. 3 Cruise Dig., Tit. xxi. § 47. Of Tithes. A tithe is the right, which the incumbent of a benefice has, to one tenth part of the yearly increase of his parishioners, whether derived from lands, or from the stock upon lands, or from their personal industry. Read 2 Bl. Comm., pp. 24-32. 3 Cruise Dig., Tit. xxii. § 48. Of Common. A common is the right of one man to take a profit from the land of another. It is of various kinds; such as common of pasture, or the right to pasture cattle in another's field; common of piscary, or the right to catch fish in waters on the land of another; common of turbary, or the right to cut turf on the land of another, similar to which is the right to take stone, coal, or minerals from common land: common of estovers, or the right to take wood from the land of another for fuel, or for the repair of fences, buildings, or agricultural implements. Read 2 Bl. Comm., pp. 32-35. 3 Cruise Dig., Tit. xxiii. 3 Kent Comm., Lect. lii, pp. 403–419. $49. Of Ways. A way is the right of one man to pass and repass over the land of another, by some accustomed or designated path. This right may be general, empowering its owner to cross the land of the other party in any manner and with any vehicles he pleases, or it may be restricted both in the method and extent of its enjoyment. Read 2 Bl. Comm., pp. 35, 36. 3 Cruise Dig., Tit. xxiv. 3 Kent Comm., Lect. lii, pp. 419–427. 2 Wash. R. P., B. ii, Ch. i, Sec. 3, §§ 30-34. § 50. Of Offices. An office is the right to perform certain official acts, and to receive the fees and emoluments accruing therefrom. This right, even in some cases where the duties were of a public nature, could formerly, under the laws of England, be granted to a man and his heirs, and be held by them as inheritable property. Read 2 Bl. Comm., p. 36. 3 Cruise Dig., Tit. xxv. 3 Kent Comm., Lect. lii, pp. 454–458. § 51. Of Dignities. A dignity is the right to use and enjoy a title of honor. Originally such titles were annexed to the possession of estates in lands, were created by a grant of such estates, and by the descent of those estates were transmitted to the heirs of the grantee. Read 1 Bl. Comm., pp. 396–401. 2 Bl. Comm., p. 37. 3 Cruise Dig., Tit. xxvi. § 52. Of Franchises. A franchise is the right of a subject to exercise certain powers, and to enjoy certain privileges, which naturally belong to the state. In England franchises were formerly very numerous, and were conferred by royal charter, but in this country they are comparatively few, and are created by legislative grant. The right of natural persons to be a corporation, the right to operate a public ferry and collect toll, are instances of this hereditament. Read 2 Bl. Comm., pp. 37–40. 3 Cruise Dig., Tit. xxvii. 3 Kent Comm., Lect. lii, pp. 458–460. § 53. Of Corodies and Pensions. A corody is the right of one person to receive sustenance from another on account of the ownership, by that other, of some corporeal hereditament. When a stipend in money is paid instead of such sustenance, the right to receive the same is called a pension. This right usually subsisted only between persons who were ecclesiastically related to each other. Read 1 Bl. Comm., p. 283. § 54. Of Annuities. An annuity is the right of one person to receive a yearly stipend in money from another, on account of some personal obligation assumed by, or imposed upon, that other. When such an annuity is granted to a man and his heirs, it is an incorporeal hereditament. Read 2 Bl. Comm., p. 40. 3 Kent Comm., Lect. lii, p. 460. § 55. Of Rents. A rent is the right of one man to receive a certain yearly profit out of the corporeal real property of another. The profit received may be in money or in the product of the corporeal property, but it must be certain in amount, be payable at yearly periods or at aliquot parts of a year, and be distinct in its nature from the corporeal real property out of which it issues. Read 2 Bl. Comm., pp. 41-43. 3 Cruise Dig., Tit. xxviii. 3 Kent Comm., Lect. lii, pp. 460-485. 2 Wash. R. P., B. ii, Ch. i, Sec. 1, §§ 3-20. § 56. Of Incorporeal Hereditaments in the United States. Of these ten incorporeal hereditaments, only commons, ways, franchises, and rents are now of any practical importance in the United States. Read 3 Kent Comm., Lect. lii, p. 403. Walker Am. Law, § 125. § 57. Of Easements of Support, Water, Light, Air, PartyWalls, Wharves, &c. Besides the foregoing permanent rights there are several others, now equally well recognized by law. Among these are the right of every owner of land to have the soil supported in its natural position by the land of adjoining or subjacent owners; the right of one man to draw water from, through, or across the land of another; the right of the owner of land to receive light and air uninterruptedly across the land of another; the right of persons owning adjoining buildings to the lateral support of each building by the other; the right which each of the owners of two buildings, separated from each other only by a common or partywall, has in the entire separating wall; the right of the owners of different stories, in the same house, to the support afforded by the stories below, and to the protection derived from the stories above; and the right of persons, who own land upon the shore of the sea or upon navigable rivers, to build piers and wharves, provided they do not thereby obstruct navigation. Read 3 Kent Comm., Lect. lii, pp. 427-432, 436–449. Walker Am. Law, §§ 126, 127. § 58. Of Corporeal Personal Property. Corporeal personal property embraces all those objects, whether animate or inanimate, which, in contemplation of law, are movable. Read 2 Bl. Comm., pp. 387, 388. 2 Kent Comm., Lect. xxxv, pp. 340, 342. $ 59. Of Incorporeal Personal Property. Incorporeal personal property includes all transitory rights, whether relating to real or personal property. It embraces those interests in real property, whose duration is fixed or ascertainable; all transient rights in or concerning corporeal personal property; all rights to the labor and |