BILL OF EXCHANGE,

running of time, in actions on, 269.

indorsement on, no proof of payment, so as to exclude statute, 285.
acknowledgment of debt by giving, 287.

may be taken in execution, 571.

CESTUI QUE trust,

interest of cestui que trust in possession, 170.

not a tenant at will within 3 & 4 Will. 4, c. 27, s. 7..164.

effect of possession by, 153, 158, 206.

interest allowed between trustee and, 257.

appointed trustee, 670.

CHANCEL,

rights with regard to, 118.

CHANCELLOR (LORD),

if protector of settlement is lunatic, to be protector, 336, 347.
cases as to exercise of power of consenting, 348.

order of, to be evidence of such consent, 349.

power of, under Trustee Act, in case of lunatics, 650 et seq.
See TRUSTEE ACTS.

may make rules and orders under Settled Estates Act, 698.

may make general orders as to investment of cash under control of
court, 727.

CHANCERY (COURT OF),

jurisdiction as to incorporeal rights and easements. See EQUITABLE
RELIEF.

jurisdiction excluded as to dispositions by tenant in tail, 346.

to be protector of settlement, where protector convicted of treason,
felony, or an infant, 336, 347.

order of, to be evidence of consent, 349.

to regulate fees for inrolment of deeds, 368.

may sanction settlements by infants on their marriage, 409.

See SETTLEMENT.

declaration of illegitimacy by, 460.

may make charging order giving effect to its own decree, 584.

but not decree of common law court, 583.

may make order for sale of lands of judgment debtor, on application by
creditor, 626.

powers of, under Trustee Act, 1850..652 et seq.

See TRUSTEE ACTs, 1850, 1852.

powers of, under Settled Estates Act, 687 et seq.

See SETTLED ESTATES ACTS.

decree of, in administration suit, fully protects executor, 719.

may relieve against forfeiture for breach of covenant to insure, 712.
may sanction sale by trustees of land or minerals separately, 743.
See PETITION.

CHARGE,

on land, within what time to be recovered, 236, 240.

must be a hand to receive and hand to pay, 241.

when secured by express trust of land, 203, 241.

what constitutes express trust of land to secure, 205.
arrears of interest recoverable, 249, 253.

on land, may be disposed of by deed acknowledged, 370.

specialty debts no charge on real estate, 468.

simple contract debts not charged on real estate by 3 & 4 Will. 4,
c. 104..478.

of debts on real estate, what amounts to, 467.

power of sale implied from, 484 et seq.

See DEVISE OF REAL ESTATE CHARGED WITH DEBTS.

effect of, on purchaser's obligation to see to application of pur-
chase-money under old law, 489.

judgment to operate as charge on real estate under 1 & 2 Vict. c. 110,
s. 13..574 et seq.

to what judgments section applies, 575.

effect of 27 & 28 Vict. c. 112, on section, ib.

CHARGE-continued.

judgment to operate as charge on real estate, &c.—continued.
order of Probate Court no charge on land under the section, 575.
decree of Divorce Court, ib.

land devised on trust for sale, ib.

land charged in favour of judgment debtor, ib.

land of which judgment debtor is mortgagee, 578.
legal estate in purchaser or mortgagee, see 616.
nature of the charge, 578.

equitable mortgagee entitled to priority over subsequent
judgment debtor, 579.

proceedings in equity to enforce judgments against land, ib.
contribution of different parts of an estate to a judgment, ib.
judgment entered up after 29th July, 1864, does not affect land until
land delivered in execution, 625.

equitable charge of judgment on a fund, enforced in equity, 580.
charge of judgments on stock, &c., 580 et seq.

See CHARGING Order.

CHARGING ORDER,

may be made by judge of superior courts, under 1 & 2 Vict. c. 110,
s. 14..580.

how made, 586.

property chargeable, ib.

annuities, 581.

pension cannot be charged, ib.

public companies within the section, ib.

what interest of judgment debtor can be charged, 581, 582.

equitable debt cannot be charged, 582.

giving effect to common law judgments, 583.

where judgment debtor entitled to fund in Court of Chancery, ib.

giving effect to decrees and orders in chancery, 584.

effect of, 584 et seq., 586.

charge operates from date of order nisi, 584.

effect as against mortgagees of stock, 585.
effect as against solicitor's lien, ib.

CHARITIES,

within 3 & 4 Will. 4, c. 27..199, 207.

express trusts for, 208.

account of rents against trustees for, 255.

powers of Trustee Act, 1850, may be exercised in case of trustees for,
675.

CHATTEL INTEREST,

what is, 134.

CHEQUES,

belonging to judgment debtor may be taken in execution, 571.

CHOSE IN ACTION,

disposition of wife's reversionary, 405.

effect of order vesting legal right in, 664.

right to sue for may be vested in new trustees, 672.

COLONIES,

Statutes of Limitation in, 230.

acknowledgment of deeds by married woman in, 386, 393.
adoption of Wills Act in, 535.

Trustee Act, 1850, extends to property in, 679.

COMMISSION OF LUNACY,

may be directed under Trustee Act, 1850..678.

COMMISSIONERS,

for taking married woman's acknowledgment, 384 et seq.

both ought to be disinterested and acknowledgment should be
taken before both, 383. See 400.

perpetual, 384.

special, 386.

See ACKNOWLEDGMENT OF DEEDS.

of sewers, 103.

inclosure, 50.

See BANKRUPT.

COMMON (RIGHTS OF),

claim to, under Prescription Act, 1 et seq.

See PRESCRIPTION ACT.

common in gross not within the act, 25, 26.

apportionment of, 42.

different kinds of, 38.

common of pasture,

appendant, 39.

whether tenants of manor have common law right to, 40.
can only be claimed for claimant's commonable cattle levant
and couchant on his own land, ib.

meaning of levant and couchant, ib.

appurtenant, 41.

how differing from common appendant, ib.

in gross, 43, 44.

prescription for, by corporation, 44.

how to be charged with tithe rent-charge, ib.

because of vicinage,

nature of right, 42.

evidence in support of right, ib.
determination of right, 43.

common of turbary, 44.

can only be appurtenant to house, ib.

will pass by grant or demise of house with appurtenances, 44.
common of estovers, 45, 46.

common of piscary, 46.

several fishery, ib.

free fishery, meaning of, 47.

evidence of rights of fishing, ib.

custom to dig clay, 47.

to erect booths, 48.

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-
lord, ib.

presumption applies even where landlord is not lord of waste, 49.
right of lord to approve, ib.

inclosure of commons, 50.

commission, ib.

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
acknowledgments, 383.

may issue special commission for taking acknowledgments abroad, 386.
form of special commission, ib.

may make orders as to the examination of married women, &c., 394.
orders, 400-404.

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.

See HUSBAND.

COMPANY,

exercise of statutory power by, 108.

waterworks, 109.

property of married woman in joint stock, may be registered as separate,

413.

shares belonging to judgment debtor, may be charged by judge's order,
580, 581.

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.

COMPOUND,

power of executors to, 740.

COMPROMISE,

power of executors to, 740.

CONCEALMENT OF DEEDS,

fraudulent, by vendor, a misdemeanor, 717.

CONCEALMENT OF RIGHT,

effect of, under Statutes of Limitation, 270.

CONCURRENT RIGHTS,

provision in 3 & 4 Will. 4, c. 27, as to, 193.

See LIMITATION OF ACTIONS AND SUITS.