It may be noted here that at common law no lease for years is complete till actual entry has been made by the lessee.
It is to be observed that neither at common law nor under the act of 1679 was the writ the appropriate remedy in the case of a person convicted either on indictment or summarily.
The land, on the expiration of the tenancy, becomes at common law the absolute property of the landlord, no matter how it may have been altered or improved during the occupation.
It enacts that after the death of a person simoniacally presented the offence or contract of simony shall not be alleged or pleaded to the prejudice of any other patron innocent of simony, or of his clerk by him presented, unless the person simoniac or simoniacally presented was convicted of such offence at common law or in some ecclesiastical court in the lifetime of the person simoniac or simoniacally presented.
As regards persons imprisoned for debt or on civil process the writ was available at common law to test the legality of the detention: but the practice in these cases is unaffected by the act of 1679, and is of no present interest, since imprisonment on civil process is almost abolished.
It has been held that a person offending under the statute is also indictable at common law (Rex v.
But a private owner may create a highway at common law by dedicating the soil to the use of the public for that purpose; and the using of a road for a number of years, without interruption, will support the presumption that the soil has been so dedicated.
Nor was it ever murder at common law to take the life of the child at any period of gestation, even in the very act of delivery (Mitchell v.