and common law, 550.
statute law, 551, 558.
prescription, 551, 553.
usages of trade, 552.

agricultural usages, 68, 429, 552.

usage as basis of, 552.

usage as of right, 554.

certainty of usage, 554, 556, 557.
reasonableness of usage, 557.

usage against law, 558.

usage repugnant to private ownership, 560.

to take profits, void, 560, 561.

to take minerals, 561, 563.

to take minerals in copyholds, 63.

to take fish, 562.

to take water from spring, 562.

to take profits on payment of toll or fee, 563.

of mining in Cornwall, 563, 564.

supported by presumption of Crown grant, 565.

supported by grant to corporate body, 566.

supported as charitable use, 567.

of manors, general and special, 550, 568.

rights of copyholders by, 568.

rights of freeholders by, 569.

rights of occupiers or inhabitants by, 570.
remedies by indictment or action, 550.

CUSTOMARY TENURE.

rent charge on land of, 391.

tithe on land of, 403.

notice of, as condition of sale, 440.

time of seiling, 441.

appraisement, 441.

sale at best price, 442.

charges of, and of sale, 442.

sale optional, 443, 446.

tender before sale, 443.

things distrainable, 444-447.

things privileged from distress, 448, 449.
goods of stranger distrainable, 449.

exceptions in favour of trade, 450.

goods delivered to agent for sale, 452.

goods delivered for safe keeping or carrying, 453.
cattle taken in to feed, 454.

goods of lodger, 454.

goods in custody of law, 455.

goods taken in execution, 455.

goods of bankrupt, 427, 458.

goods of company winding up, 458.

illegal, where no rent due, 461.

after tender of rent, 461.

second distress for same rent, 461.

irregular, 463, 464.

excessive, 465.

for excessive claim, 466.

rescue of, 466.

replevin, 467. See REPLEVIN.

of things damage feasant, 368, 432, 448.

DISTURBANCE.

EASEMENT.

appurtenant to land, 189, 264, 275.
dominant and servient tenements, 189.
in gross, 190.

conditions of appurtenancy, 192.
positive and negative, 192, 324.
legal conditions of, 199.

specific kinds of, 199, 203.

claims not admitted as, 201.

grant of, 263, 264.

effect of parol grant of, 264.

contract concerning, within Statute of Frauds, 264.

exception or reservation of, in grant, 265.

implied grant of, 266, 267, 273.

necessary, apparent and continuous, 269, 272.

implied upon grant of two tenements, 274.

passing as appurtenant, 275.

passing as used and enjoyed with tenement, 276, 278.

revival of, after unity of possession, 277.

rights accessory to, 280.

obligation of servient owner, 211, 280.

EAVES.

See AIR; LIGHT; PRESCRIPTION; SUPPORT; WATER; WAYS.

of copyhold, merger of customary rights by, 360.