granted as a gratuity to the eldest son.

He is always bound rate set upon it by

to account for its value to his co-heirs, at the Douzaine, which as in all matters of this kind, if found too high or too low by the interested parties, may always be referred to the judicial authority; for however desirable may be the object of preventing the subdivision of estates, it has not yet attained such peculiar favour as to cause the claims of nature and justice to be altogether set aside on the score of public policy, or the decided opinions of some political

economists.

Having seen that the eldership or Préciput can only be raised on a single enclosure, as well in the town as in the country parishes, we shall now see in what it consists,-a subject become of the greatest importance, particularly since the restriction of the eldership to a single enclosure,

The enclosure to which in law the eldest son is restricted, in reference to his eldership, consists of the house or lands which are so contiguous to each other that they form but one, that is that they are separated by neither walls, hedges, nor ditches, so as to form different fields or houses, for, if so separated, they then become different enclosures. Thus a row of adjoining houses may either form one or more enclosures, according as they are separated from each other, or as they communicate to each other by entrances from within, or private paths from without; in the latter case, however numerous, they form but one enclosure on account of the private communication; in the former, as the communication can only take place through the public street or road, in contra-distinction to a private path or communication, such houses would then form separate enclosures, each tenement being walled in, and totally distinct from the adjoining one. So that to form an enclosure, it is not enough that houses or lands should join, they must besides communicate with each other by some common entrance, for it is only in the absence of such common entrance that tenements may be said to constitute as many different enclosures, in which case one only would fall to the eldest son for his Préciput. Thus adjoining houses in the Arcade would either form one or more distinct enclosures as there existed any private or common communication between

them, other than the public passage. This distinction should not be lost sight of, as public spirited individuals need no longer be deterred from entering into extensive speculations in building rows of houses, or purchasing land for building lots, seeing that by means of distinct separations, either walls or hedges, each portion, as a different enclosure, may be made to descend to different members in the same degree of inheritance. On the same principle, in rural districts, adjoining fields or gardens form one or more enclosures, as there exists or not one common entrance or communication between them, other than the public road or passage,-if they are connected by the same entrance they then form one enclosure; if they are entered by a different passage, and are separated by a wall or hedge, they then form different enclosures.

The following article consecrates the principle that, in future, the eldest son is only to have ONE Préciput on the estates of his parents, and points out the manner in which it is to be raised.

ARTICLE VII.

The eldest son shall take no Préciput on the estate of the survivor of his father or mother, unless he have caused a valuation to be made, by the Douzainiers of the parish, of the Préciput already taken by him on the estate of his first deceased parent, at the period when he took it; and he shall bring back the said value, that it may be divided, if he intends taking the second Préciput. The valuation shall be made by the said Douzainiers, both in rents and in money, so that the said eldest son may have the choice to bring back the value in either way. If the value be brought back in rents, those rents shall be assignable during forty years, in the same manner as all other rents created to equalize lots among co-heirs. A grandson who shall already have taken a Préciput on the estate of his father and mother, may always take, in the succession of a grandfather or grandmother, the Préciput to which his father (if he was the eldest son) would have had a right, in the same manner, and on the same conditions, with respect to the co-heirs of his said father. And it shall be optional with him to divide it with his consanguin brothers or sisters, or keep it himself, on bringing back the value of that which he already possesses.

* L'ainé ne peut désormais lever qu'un seul Préciput dans chaque lignée de ses parents; le choix lui est toujours réservé en observant

certaines précautions.

Article 7.-Le fils aîné ne pourra lever de Préciput sur la succession hérédi

D

Formerly, an eldest son had a right to take an eldership from all his parents and grandparents, without any regard to number; by this amended law, he is only entitled to take one in each line, either in the paternal or maternal, at his option. The same may be said of the corresponding lines in each generation of grand parents. This is comformable to the fourth article of the petition,* recommending that the eldest son be restricted to a single eldership. Its spirit has also been preserved by extending the privilege of a single eldership to each line of grand parents an eldest son may have; the object being that not more than one shall accrue to him from the inheritance of any two parents in the same degree. Thus having selected his eldership from his father's inheritance, he cannot afterwards come upon his mother's for an eldership, though his having taken his eldership on his father's would not debar him from taking it on his grandfather's which might afterwards fall in. The same reasons will, vice versa, apply to the choice he might have made of his mother's and grandfather's estate; in either case he can only come upon the estate of the surviving parent in each line, on bringing back or accounting for the estate of his first deceased parent, or grand parent, of such line; or its value in rents or money, according to the valuation which he has caused to be taken at the time of his entering into possession of the estate of his former deceased parent. It is only this precaution which will secure him the choice of either eldership; for if he have not taken it, he will be presumed to have irrevocably fixed upon that which has first fallen to him ;-such is the evident spirit and letter of the

tale du survivant de ses père et mère, à moins qu'il n'ait fait évaluer par les Douzainiers de la paroisse le préciput qu'il aura levé sur la succession du prédécédé de ses dits père et mère à l'époque même qu'il le leva; et il sera tenu de rapporter la dite valeur à partage, s'il lève le second préciput. L'évaluation se fera par les dits Douzainiers, tant en rentes qu'en argent, afin que le dit aîné ait le choix de faire le dit rapport de l'une ou de l'autre manière. Si le rapport se fait en rentes, elles seront assignables pendant quarante ans, de même que tout autre retour de bille. Un petit fils qui aurait déjà levé un préciput sur l'héritage de ses père et mère, pourra toujours prendre, dans la succession d'un aïeul ou aïeule, celui auquel son dit père (s'il était fils aîné) aurait eu droit, de la même manière et aux mêmes conditions par rapport aux cohéritiers de son dit père. Et aura l'option de le partager avec ses frères et sœurs consanguins, ou de le garder lui-même, en rapportant la valeur de celui qu'il possède déjà.

* Vide Appendix, letter A, p.p. 4 and 10, Art. 4.

seventh article. It is hardly necessary to state, that a son having already raised the eldership on his father's estate, would not be debarred from raising another on that of either of his grand parents, though no valuation had been made on his taking the first; the precaution being only necessary where the son, having already selected an eldership from a parent in a certain degree or line, might wish to preserve his right to that which may afterwards fall in from the other parent in the same line. This, besides being comformable to the general rule which obtains on the subject of eldership, will appear still more evident when brought in connection with the following clause of the seventh article: "A grandson who has already taken a Préciput on the estate of his father and "mother, may always take, in the succession of a grandfather " and grandmother, the Préciput to which his father (if he "was the eldest son) would have had a right, in the same manner, and on the same conditions, with respect to the co" heirs of his said father."

66

In fact, the two last clauses of this article show that the rights of the grandson representing his father, are, towards his uncles and aunts, the same in every respect as those he has already exercised in his father's succession towards his brothers or sisters. However self evident these propositions may appear, it was as well to repeat them, that no doubt should arise respecting the object and consequences of restricting the eldership to a single one, in each line of descent.

A feature peculiar to the right of Préciput or eldership on real estate, is that which allows the eldest son a single Préciput only instead of two, in case his parents' inheritances fall in at the same time, which makes it the advantage of the sons to take their inheritance immediately on the death of either parent. Some children, who from a feeling of delicacy have sometimes delayed thus taking immediate possession, have been debarred from a portion of their inheritance, from that of both relatives falling in at the same time. When a single eldership could be thus deemed sufficient in the inheritance of both parents, it might be easily presumed that one was quite enough under any circumstances, and so it is

Vide Appendix, letter C, p.p. 34 and 35.

settled by the seventh article, in conformity to the desires of the Committee, whose remarks upon this subject are extremely pertinent.

The remedy which has been adopted is a proper one, and is the same as that proposed by the Petitioners in the case of the daughter who has received her marriage portion, and who accounts for it on her claiming to share in the division of the personal property of her parents; retaining it however, without any interference on the part of her co-heirs, if she abstains from all claim to such property.

CHAPTER II.

OF LINEAL INHERITANCE WITHOUT PRIMOGENITURE.

Having thus seen the respective rights of children to real property in lineal inheritance, where primogeniture exists, they shall be now viewed in connexion with real estate where primogeniture does not obtain; but where sons nevertheless inherit a larger portion than daughters, which forms the distinctive character between such inheritances and those of personal property, where all children inherit in equal proportions, without any distinction of sex.

The following article refers to real property situated in particular districts, which are divided among children without the eldest son's possessing any advantage over his younger brothers, but where sons may still claim a double portion over their sisters. Besides houses and lands thus situated, ground rents, whether created on lands or houses, without any regard whatever as to the locality on which they are due, whether town or country, would be divided in the same manner.