FROM THE EARLIEST TLMES. '^''^■ 



SO 



be said that both are dependent on, and independent of, each 

 other, for the superior after he grants to the vassal still retains 

 his right; while the vassal, if he gives liis fee to the overlord, can 

 exercise independent right of property, although obliged to 

 acknowledge the right of the superior. But the vassal, according 

 to the exponents of the system, can grant to new sub-vassals, and 

 theoretically this can go on ad infinitum. 



While modern society condemns the system by which in 

 France land is compulsorily parcelled out to the different mem- 

 bers of the family to the great detriment of agriculture, there is 

 a growing anxiety for property being made allodial Although 

 allodial, no well-governed country would allow the use of the 

 land to be to the prejudice of the State, and this is all the 

 superiority required for proper administration. 



Among the early heathen nations property in land was held 

 independent of a written title and by occupation only. A new 

 owner was put in possession by some symbol, such as the 

 delivery of earth and stone to represent land, a wand to repre- 

 sent wood, and grass and corn to represent tithes, — a practice 

 similar to the formal iufeftment which is still practised, but 

 rendered unnecessary by an Act passed in 1845. In the earlier 

 period of Jewish history, " concerning the redeeming and changing 

 of [laud], a man plucked off his shoe, and gave it to his neighbour, 

 and this was a testimony in Israel " (Euth iv. 7). At a later 

 period a very distinct account is given of a Jemsh conveyance 

 in Jer. xxxii. 9-12, writing, subscribing, witnessing, sealing, 

 and recording being practised. The deeds of the Eomans were 

 very simple from the nature of their tenure, and with the excep- 

 tion of those who profit by the complex nature of our convey- 

 ancing — caused partly by the feudal system — the general idea is 

 that a change in this direction is needed. There is little doubt 

 that within a very limited period this public opinion will be 

 given effect to, and with a perfect system of registration such as 

 now prevails the transfer of land and houses will be as simple, 

 as speedy, and as inexpensive as that of stocks and shares. The 

 result would be a national advantage, in which, more than any 

 other class, the owners of real property would share. 



