Imatges de pÓgina

posés, may certainly be so considered. For instance, a Partition by Judgment is mentioned in the books, independently of that on the Writ de partitione facienda, vis. where in an Assise, by a parcener or joint-tenant against his companion, the judgment was, that the demandant should hold in severalty. (See 6 Co. 13, Morrice's case, Co. Lit. 167. b. Vin. Abr. Partition E. (2.)) But as it seems a disputable point whether the judgment can be maintained on principle; and as, at all events, this cannot be ranked among the direct modes of making Partition ; I have not thought it necessary to allude to the subject.

Again, there was a writ of partition issuing out of Chancery, which applied where land held of the king in capite descended to co-parceners: but this species of partition, being a mere incident to livery, and therefore of course abolished

the stat. 12 Cha. II. c. 24. has become exclusively an object for historical or antiquaria.» contemplation. If, indeed, a particular enquiry into these modes of partition would throw any light on those modes which are or may be now resorted to, I should cheerfully have entered upon the task; but I cannot conceive that this,

or any other practical advantage, would be gained

by it.

If a sight of this work should incline any to think, that an unreasonable interval has elapsed between its first' announcement and its publication

; my apology must be, that more immediate professional duties have, more than once, interrupted its progress for several months together; and I would also fain refer to the same circumstance, as an excuse for whatever inadvertencies may be found in its matter, and whatever unskilfulness in its execution. Added to this, my remote situation from the metropolis has debarred me from that constant opportunity of access to the libraries of the Inns of court and other means of information, which every young legal author deems almost an indispensable help to his undertaking, andfor which his private library, however ample, forms a poor substitute.

It may be well, perhaps, in this place to apprise the reader, that a paragraph (respecting the validity of partitions which do not, in point of duration, embrace the whole estate or interest of the parties thereto) is by mistake omitted in the text. For, as persons are allowed for their own convenience to bind themselves, by any kind of stipulation not contrary to law, a partition is good, although not commensurate with the time of their estate ; it may be partial in this respect. For instance, co-tenants in fee simple may make a partition during their lives, or for a term of years, (See Fitz. Nat. Brev. 62. L. 7 Bac. Abr. 696.) And by the same rule tenants for life or years may make partition for still shorter periods.

But these temporary partitions are only allowed by the law as the consequence of the mutual consent and arrangement of the parties, and not in the compulsory modes of partition by writ or bill in equity.

C. B. A. Shrewsbury, Trinity Vacation, 1820.

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