it, and an attachment to the soil, in the practice among the coheirs, in agricultural countries, if they cannot conveniently cultivate the property in common, for one of them to take it and pay a rent to the others; or, in richer and more commercial districts, to buy them out.-(Discussions du Code Civil, vol. iii. p. 135-7.) M. Berlier's picture, in the latter page, of the simplicity of manners in the rural districts, is highly interesting.

To this universal and most natural attachment to the soil, and its suitableness as property, under whatever system of succession, for preserving the memory and influence of a family, may be added its peculiar value among ourselves, as connected with primogeniture, in preserving the independence of the aristocratic branch of our constitution. With privileges rather for the public advantage than their own, less violent and more consistent than the multitude, if, in past ages, a tyrant was to be coerced or expelled, or in present times, a sovereign is to be advised, the arms and the counsel of our nobility have ever been found equally prompt. Without them, whatever may be individual merits, the many are as a rope of sand.

Sect. 2. Of Equal Partibility.

The Code Civil, of Napoleon, in establishing equal partibility among all the children, and all other kindred of equal degree, has not only prescribed a system of succession the opposite to ours, of primogeniture in land, but has given that system a more unbending character, by prohibiting to a large extent, voluntary gifts, either inter vivos or testamentary. Much speculation has been indulged in this country upon the political effects of these institutions; but, with our imperfect knowledge of facts, I will not presume either to imitate, or to repeat it here. Several of the legal results, however, of the system, as applied to land, cannot fail to present themselves, on its bare perusal, to the practised lawyer; and upon these I shall somewhat enlarge.

Land, in its nature, is incapable of the same easy and complete division as money and other moveables. The inheritance is either large, consisting of a mansion with pleasurable appendages, and many farms; or small, consisting of a single farm, or tenement, with one homestead and buildings; or, in towns, of a single house. To apportion the lots between the coheirs, in the former case, is

difficult and expensive. In the latter case it is impracticable, without injury to the inheritance. The usual course with ourselves is, to charge the larger lot with the payment of a sum of money for equality of partition. But the parcener has rarely the means of exonerating himself, without either selling or mortgaging. From disagreement or other causes, partitions between female coheirs or their representatives, are frequently effected among us, under the authority of the Court of Chancery. The proceedings, already alluded to, of its commission-the consequent survey-commissioners' meetings-report-order to confirm and convey-the conveyance accordingly, though, for the most part unavoidably consequent on the institution, are in their bare enumeration sufficiently appalling. Unless I greatly err, however, even this catalogue is exceeded, in inconvenience and expense, by the system of partibility of Code Civil; to a brief consideration of which I shall now proceed.

It must be borne in mind that, in France, the coheirs succeed both to the property and the liabilities of the deceased; but, with the benefit of an inventory, if the latter are suspected to exceed the former, (Lib. iii. tit. 1. sect. 3.) and with the qualification as to moveables, that executors may be appointed of them; but their office can endure only for a year, and the coheirs may determine it sooner, in offering the amount of the legacies

lib. 3, tit. 2, sec. 7.) I will now briefly pursue the institutions respecting partition, commencing with with a. 815, in their order.

The right to demand partition is established in all cases; and no stipulation to the contrary can endure beyond five years. In the events of legal incapacity, or absence, (and these, where the co-heirs are numerous, must be frequent,) or debts, various provisions are made for placing the property under immediate judicial protection. In these cases, and whenever the co-heirs disagree, (apparently also a frequent occurrence,) numerous provisions are made for effecting the partition. Surveyors are appointed, upon whose valuation the court acts. Any of the co-heirs may require his share in kind; but a judicial sale takes place on the requisition either of the creditors, or a majority of the co-heirs, or, if any real property will not admit of partition. Various arrangements are then directed as to the divisions of produce, and of the unsold property. In the latter case, the allotments of realty are not to be cut up into minute portions (a. 832). Equality of partition may be effected, either by money or by a rent charge (833). The lots are to be formed either by one of the co-heirs, or by a judicial surveyor. Various regulations are prudently made respecting disagreements, the absence or incapacity of any of the co-heirs, sales by auction, and the title deeds regarding either the whole of the inheritance or any particular lot.

P

The rules alluded to, which constitute the first section on partition, are followed by others equally' complicated, and with a like tendency to litigation, upon what the code calls Rapports, (equivalent to our law of hotchpot,) or bringing to account property received by any of the co-heirs, under donations inter vivos, from the ancestor. They comprise, and it seems unavoidably, no less than twenty-seven distinct enactments, from a. 843 to 869.

The subject of contribution among the co-heirs, for the payment of debts, is next provided for by various regulations, beginning with a. 870. Their mutual remedies, their liabilities, and the different remedies of creditors of the deceased, and of any individual heir, exceed, in complication, our institutions respecting real assets, in the exact proportion between an entire and a divided inheritance. Mutual warranties are then given between them (a. 883). The partition also is allowed to be rescinded on grounds of force, fraud, or inadequate value of any allotment, to the extent of a fourth, under different restrictions.

From the foregoing enumeration of the leading regulations on partition of an inheritance, (an event, in the course of nature, much more frequent than a descent to a sole heir,) it is evident, that the heirs under such a system must be almost constantly the victims of surveyors, notaries, and judicial proceedings, that, in the case of real property, the evils will not be confined to the immediate occa