Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/201

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CH. XVII.]
GENERAL REVIEW.
161

almost uniform mode of conveyance of land, at once simple and practicable and safe. The differences are so slight, that they became almost evanescent. All lands were conveyed by a deed, commonly in the form of a feoffment, or a bargain and sale, or a lease and release, attested by one or more witnesses, acknowledged or proved before some court or magistrate, and then registered in some public registry. When so executed, acknowledged, and recorded, they had full effect to convey the estate without any livery of seisin, or any other act or ceremony whatsoever. This mode of conveyance prevailed, if not in all, in nearly all the colonies from a very early period; and it has now become absolutely universal. It is hardly possible to measure the beneficial influences upon our titles arising from this source, in point of security, facility of transfer, and marketable value.

§ 175. (5.) All the colonies considered themselves, not as parcel of the realm of Great Britain, but as dependencies of the British crown, and owing allegiance thereto, the king being their supreme and sovereign lord.[1] In virtue of its general superintendency the crown constantly claimed, and exercised the right of entertaining appeals from the courts of the last resort in the colonies; and these appeals were heard and finally adjudged by the king in council.[2] This right of appeal was secured by express reservation in most of the colonial charters. It was expressly provided for by an early provincial law in New-Hampshire, when the matter in difference exceeded the true value or sum of £300 sterling. So, a like colonial law of Rhode-Island was enacted by its
  1. 1 Vez. 444; Vaughan R.300, 400; Shower. Parl. Cases, 30, 31, 32, 33; Mass. State Papers, 359.
  2. 1 Black. Comm. 231, 232; Chitty on Prerog. 29, 31.
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