« EelmineJätka »
COMMON (RIGHTS OF)continued.
presumption that waste lands of manor belong to lord, 48.
grants by the lord, ib.
presumption that encroachments by tenant are for benefit of land-
presumption applies even where landlord is not lord of waste, 49.
right of lord to approve, ib.
inclosure of commons, 50.
nature of commoner's interest, 51.
by what words right of common will pass, ib.
extinguishment of common, 52.
remedies for disturbance of common,
by action at law, 52.
by abatement, 53.
in equity, 54.
COMMON PLEAS (COURT OF),
custody of records of fines and recoveries by officer of, 317.
amendment of fines by, 311, 319.
of recoveries, 313.
power of regulating fees for entries on court rolls, &c., 368.
chief justice to appoint perpetual commissioners for taking acknow-
ledgments by married women, 384.
may make rules for preventing interested commissioners from taking
may issue special commission for taking acknowledgments abroad, 386.
form of special comunission, ib.
may make orders as to the examination of married women, &c., 394.
certificates and affidavits to be filed with officer of, 389, 402.
index of certificates, 394.
and copies, 394.
may in certain cases dispense with husband's concurrence in wife's dis-
position of property, 396, 406.
exercise of statutory power by, 108.
property of married woman in joint stock, may be registered as separate,
shares belonging to judgment debtor, may be charged by judge's order,
power to appoint officer of to transfer stock, 660.
to comply with orders made under trustee, 663, 683.
indemnity to, obeying orders of court, 660, 683.
power of executors to, 740.
power of executors to, 740.
CONCEALMENT OF DEEDS,
fraudulent, by vendor, a misdemeanor, 717.
CONCEALMENT OF RIGHT,
effect of, under Statutes of Limitation, 270.
provision in 3 & 4 Will. 4, c. 27, as to, 193.
See LIMITATION OF ACTIONS AND Suits.
restraining alienation of realty, 382.
old distinction between leases for lives and leases for years, as to,
present law, ib.
notice of, when necessary, 162.
not to underlet, or assign lease, 709, 710.
CONSTRUCTION OF WILLS,
devise to heir, heir takes as devisee, 448.
old law, 447.
devise of gavelkind land to beir as persona designata, 445.
devise without words of limitation passes fee, 529.
old law, ib.
devise of “rents and profits,' or of “income" passes fee, ib.
contrary intention, ib.
die without issue,
old law, 530.
now construed to mean die without issue living at the death, ib.
cases under new law, ib.
contrary intention, 531.
general devise includes copyholds and leaseholds, 524.
general devise or bequest includes property over which testator had
general power of appointment, 525.
issue, effect of gift to, where issue predeceases testator, 533.
no lapse of estate tail, where issue inheritable under the entail are
living at testator's death, 532.
nor where issue of testator to whom benefit is given by will pre-
deceases him, leaving issue living at testator's death, 533.
cases as to this enactment, ib.
which applies to appointments under general power, 534.
but not to appointments under special power, ib.
nor to gifts to a class, ib.
period from which will speaks,
as to subject of gift will speaks from testator's death, 521.
contrary intention may appear,
from particular description of subject of gift, ib.
arbitrary designations of real estate, 521, 522.
descriptions of money, stock, &c., ib.
or from words referring to present time, 523.
wills of married women, 504.
wills in exercise of powers, 527, 528.
in exercise of power given to survivor of several, 528.
will of testator subsequently found lunatic, 523.
excepting clauses, ib.
as to objects of gift, ib.
powers of appointment,
old law as to exercise of, by will, 525.
general powers now exercised by general gifts, ib.
instances of exercise by general residuary bequest, 526.
by general pecuniary legacies, ib.
by general gifts, 527.
property ineffectually appointed, 526.
may be exercised by wills of prior date to instrument creating
contrary intention, 527.
special powers governed by old law, 528.
powers of revocation, ib.
lapse in case of gifts to issue under powers of appointment, 534.
CONSTRUCTION OF WILLS-continued.
residuary devise, universal, includes estates comprised in lapsed and
void devises, 523.
but not gift of particular residue, 524.
remains specific under new law, ib.
trustees, estate taken by trustees under devises to them, 531, 532.
whether time runs under the Statutes of Limitation in case of, 202, 289.
within the Trustee Act, 1850..648, 649.
oaths may be administered by, 392.
may administer estates of foreigners dying in Queen's dominions, when,
alienation of, 325, 326.
may be disposed of by will, 501.
or deed, 638. See 327.
by married woman, 369, 638.
destruction of, 640.
protected from premature failure of preceding estate, 639.
statute abolishing, repealed, 631.
meaning of, in Trustee Act, 1850..648.
release of, under Trustee Act, 1850..651, 653, 655, 657.
See TRUSTEE Acts.
to take effect without any seisin to uses, 726.
not to preserve right of entry, 180.
distinction between cases depending on contract and cases depending
on nuisance, 107, 108.
application of lex fori and lex loci to, 267.
by tenant in tail, do not bar entail, 344.
effect of, 343.
by married woman with regard to land, 369.
of married woman before marriage, husband not liable on, 415.
to sell land included in prior devise, 520.
for lease of settled estates may be authorized, 689.
between several estates comprised in same mortgage, 495.
between several estates subject to a judgment, 580.
to rent-service between co-feoffees or parceners, 712.
to rent-charges, 714.
principle of contribution between different parts of property, 714.
as to domicile, 540.
meaning of, in Trustee Act, 1850..648.
to purchaser by mortgagee under statutory power, 736.
may be called for by mortgagee exercising statutory power of sale, ib.
possession of one, not to be deemed the possession of the others, 180.
effect of disability of, under old law, 188.
descent in case of, 443, 444.
customs in cases of, 47, 48.
custom to grant waste as copyhold, 48.
effect of enfranchisement, 52.
after twenty years, lord cannot enter for forfeiture of, 160.
action of debt for fine, when to be brought, 265.
estate tail in, 350 et seq.
not within the statute De donis, 350.
may be entailed by custom, ib.
old modes of barring entail in, ib.
powers of disposition given by 3 & 4 Will. 4, c. 74, to apply to, ib.
consent of protector by deed to be entered on court rolls, 351.
when not by deed, how to be given, ib.
inrolment not requisite of deeds affecting, 353.
entry on court rolls to be within six months, ib.
equitable tenants in tail of, may dispose of their lands by deed,
disposition of belonging to bankrupts, 361.
mortgage by tenant in tail of, 331.
evidence of entry in court rolls, 352.
not bound by estoppel, 329.
disposition of equitable interests in, by married women, 416.
Dower Act does not extend to, 423.
freebench in, 427.
not subject to curtesy except by custom, 433.
formerly not liable for debts, 482.
made liable by 3 & 4 Will. 4, c. 104.. 476.
can be taken in execution, 483, 568.
proviso as to lord's services, 568.
judgment to operate as charge on, 574.
may be disposed of by will, 500.
estate remains in heir until admittance of devisce, 501.
fees payable by devisee, 502.
will to be entered on court rolls, ib.
may be included in general devise, 524.
contingent remainders in, 640.
vesting orders as to, under Trustee Act, 1850..665.
See TRUSTEE Acts.
leases of, under settled Estates Act, 702.
leases not to be granted without consent of lord, 701.
limitation of rights of Duke of, 143.
customs as to mines in, 34.
within 2 & 3 Will. 4, c. 71..2, 6.
within 3 & 4 Will. 4, c. 27..132.
different kinds of, 133.
ecclesiastical and eleemosynary, what, ib.
within what time their lands may be recovered, 218.
aggregate and sole, what, 134.
execution against, 573.
judgment a charge on lands of, 577.
running of time in actions for, 271.
incurred by company afterwards wound up, ib.
in quare impedit, 227.
of suit for dower, 423.
under Legitimacy Declaration Act, 461.
under Trustee Acts, 651, 677.
under Settled Estates Acts, 697.
in partition suits, 749.
petition or statement for advice of court to be signed by, 722.
of leases under the Settled Estates Acts, to be executed, 688, 699.
rules of, as to Statutes of Limitation, 235.
acknowledgment of married woman may be received by judge of, 382.
removal of judgment of, 597.
jurisdiction in partition, 750.
COURT. See ChanceRY, Court of_EQUITY, COURTS OF.
protector's consent, to be entered on, 351.
interest allowed on money due under, 258.
arrears recoverable, 259.
action of, against devisee or heir, 465.
none to be implied from words "give" and "grant,” 637.
action of, will lie on word “demise" in lease, ib.
not to assign or underlet without licence, 709, 710.
runs with the land where assigns named, 709.
to insure, relief against breach of, in equity, 712.
at common law, ib.
liability of executor or administrator, in respect of covenants of the
testator or intestate, 719.
statutory protection, ib.
COVENANT TO STAND SEISED,
grant of freehold in futuro, held to amount to, 637.
restraint on anticipation of rights operate only during, 379.
may operate during several covertures, 380.
CRANWORTH'S (LORD) ACT (23 & 24 Vict. c. 145), 731 et seq.
See Contents, xii.
marshalling between creditors, 478.
between legatees and, 479.
sale of land of judgment debtor on petition of, 626.
when bound by acts of parliament, 140.
within the Prescription Act, 1, 6.
prescription against, 38.
presumption of grant from, 143.
not within 3 & 4 Will. 4, c. 27..141.
limitation of right of, to realty, ib.
adverse possession against crown, ib.
chose in action vested in, when barred, 142.
crown suits, practice in, ib.
evidence in, ib.
grant of common of estovers to inhabitants by, 46.
may confer privileges over land by parol, 62.
may reserve rent out of incorporeal hereditaments, 138.
right to present where incumbent made bishop, 220.
alienation by, restrained, 323.
tenants in tail of the gift of, ib.
provision as to, in Settled Estates Act, 701.