Incorporeal hereditaments subject, as fax as possible, to the same rules as corporeal hereditaments.

(b) Stat. 22 & 23 Vict. .c. 35, s.28.

(c) Rivis v. Watson, 5 M. & W. 255.

Another kind of separate incorporeal hereditament which occasionally occurs is a right of common in gross. This is, as the name implies, a right of common over lands belonging to another person, possessed by a man, not as appendant or appurtenant to the ownership of any lands of his own, but as an independent subject of property (f). Such a right of common has therefore always required a deed for its transfer.

Tenure an exception.

Common in gross.

(d) Co. Litt. 47 a, 144 a; 2 Black. Com. 42. But it is said that the Queen may reserve a rent out of an incorporeal hereditament, for which, by her prerogative, she may distrain on all the lands of the lessee. Co. Litt. 47 a, note (1); Bac. Abr. tit. Rent (B).

(e) Co. Litt. 298a, n. (2).

(f) 2 Black. Com. 33, 34.

Another important kind of separate incorporeal hereditament is an advowson in gross. An advowson is a perpetual right of presentation to an ecclesiastical benefice. The owner of the advowson is termed the patron of the benefice; but, as such, he has no property or interest in the glebe or tithes, which belong to the incumbent. As patron he simply enjoys a right of nomination from time to time, as the living becomes vacant. And this right he exercises by a presentation to the bishop of some duly qualified clerk or clergyman, whom the bishop is accordingly bound to institute to the benefice, and to cause him to be inducted into it (g). When the advowson belongs to the bishop, the forms of presentation and institution are supplied by an act called collation (A). In some rare cases of advowsons donative, the patron's deed of donation is alone sufficient (i). And by the Stamp Act, 1870 (A), every appointment, whether by way of donation, presentation or nomination, and admission, collation or institution to or licence to hold any ecclesiastical benefice, dignity or promotion or any perpetual curacy, is subject to an ad valorem duty according to the subjoined table (l). "Where the patron is entitled to the advowson as his private property, he is empowered by an act of parliament of the reign of George IV. (m) to present any clerk under a previous agreement with him for his resignation in favour of any one person named, or in favour of one of two (n) persons, each of them being by blood or marriage an uncle, son, grandson, brother, nephew, or grand-nephew of the patron, or one of the patrons beneficially entitled. One part of the instrument by which the engagement is made must be deposited within two calendar months in the office of the registrar of the diocese (0), and the resignation must refer to the engagement, and state the name of the person for whose benefit it is made (p).

Advowsons.

Presentation.

Institution. Induction.

Collation. Donatives.

(g) 1 Black. Com. 190, 191.

(h) 2 Black. Cora. 22.

(i) 2 Black. Com. 23.

(k) Stat. 33 & 34 Vict. c. 97.

(l) If the net yearly value thereof exceeds -

50 and does not exceed 100

...

1

0

0

100

"

"

150

...

2

0

0

150

"

"

200

...

3

0

0

200

"

"

250

...

4

0

0

250

"

"

300

...

5

0

0

And also (if such yearly value exceeds 300).

7

0

0

And also (where such value shall exceed 300) for every 100 thereof over and above

200, a further duty of............................

5

0

0

Exemptions. - Admission, collation, institution, or licence proceeding upon a duly stamped donation, presentation or nomination.

Advowsons are principally of two kinds, - advowsons of rectories, and advowsons of vicarages. The history of advowsons of rectories is in many respects similar to that of rents and of rights of common. In the very early ages of our history advowsons of rectories appear to have been almost always appendant to some manor. The advowson was part of the manorial property of the lord, who built the church and endowed it with the glebe and most part of the tithes. The seignories in respect of which he received his rents were another part of his manor, and the remainder principally consisted of the demesne and waste lands, over the latter of which we have seen that his tenants enjoyed rights of common as appendant to their estates (q). The incorporeal part of the property, both of the lord and his tenants, was thus strictly appendant or incident to that part which was corporeal; and any conveyance of the corporeal part naturally and necessarily carried with it that part which was incorporeal, unless it were expressly excepted. But, as society advanced, tins simple state of things became subject to many innovations, and in various cases the incorporeal portions of property became severed from the corporeal parts, to which they had previously belonged. Thus we have seen (r) that the seignory of lands was occasionally severed from the corporeal part of the manor, becoming a seignory in gross. So rent was sometimes granted independently of the lordship or reversion to which it had been incident, by which means it at once became an independent incorporeal hereditament, under the name of a rent seck. Or a rent might have been granted to some other person than the lord, under the name of a rent charge. In the same way a right of common might have been granted to some other person than a tenant of the manor, by means of which grant a separate incorporeal hereditament would have arisen, as a common in gross, belonging to the grantee. In like manner there exist at the present day two kinds of advowsons of rectories; an advowson appendant to a manor, and an advowson in gross (s), which is a distinct subject of property, unconnected with any thing corporeal. Advowsons in gross appear to have chiefly had their origin from the severance of advowsons appendant from the manors to which they had belonged; and any advowson now appendant to a manor, may at any time be severed from it, either by a conveyance of the manor, with an express exception of the advowson, or by a grant of the advowson alone independently of the manor. And when once severed from its manor, and made an independent incorporeal hereditament, an advowson can never become appendant again. So long as an advowson is appendant to a manor, a conveyance of the manor, even by feoffment, and without mentioning the appurtenances belonging to the manor, will be sufficient to comprise the advowsoii (t). But, when severed, it must be conveyed, like any other separate incorporeal hereditament by a deed of grant (u).