DOWER-continued. may be extinguished by deed acknowledged, 371. forfeited by adultery, 422. See 226. remedies for recovering, 226, 425. action for, to be commenced by writ of summons, 225. writ of, when it lay, 226. unde nihil habet, ib. equitable relief in cases of, ib. whether purchase for valuable consideration without notice is defence against, ib. when right to sue for is barred, 145. arrears recoverable, 249. dowress not to be protector, 333. DRAINS, to be repaired by the occupier, 103. part of settled estates may be dedicated for, 692. DURHAM, provisions as to judgments in courts of, 595. judgments of courts of, not to affect lands until registered, 612. sections 18, 19 and 20 of stat. 1 & 2 Vict. c. 110, extended to Court of other provisions extended to, 613. duties of prothonotary of Court of, 615. fees for registration and searches in Court of, ib. orders may be made by Court of Chancery of, under Trustee Act, what are easements within section 2 of Prescription Act, 8. landlord, 11, 17. deed necessary to pass, 57. how lost. See EXTINCTION. rent cannot issue out of, 7, 138. leases of, may be granted under Settled Estates Act, 687. See LIGHT-PEW-WATER-WAY. EAST INDIA STOCK, investment in, by trustees, 725. EAVES, of cash under control of court, 726. right to discharge water from, 92. ECCLESIASTICAL BENEFICE, whether judgment a charge on, under 1 & 2 Vict. c. 110, s. 13..577. ECCLESIASTICAL CORPORATION, not within the old Statutes of Limitation, 218. provision as to, in 2 & 3 Will. 4, c. 71..1, 6. 3 & 4 Will. 4, c. 27..218. ECCLESIASTICAL COURTS, recovery of legacies in, to be subject to 3 & 4 Will. 4, c. 27..229. EJECTMENT, nature of action, 227. ELECTION, by married woman, 371, 405. when widow put to, in case of devise by husband inconsistent with her right to dower, jurisdiction of court under Trustee Act in suits arising out of doctrine EMBLEMENTS, on determination of leases under tenant for life, tenant to hold until ENCROACHMENTS, from waste, adverse possession in case of, before 3 & 4 Will. 4, c. 27.. by tenants, are for benefit of landlord, 48, 152. presumption may be rebutted, 49. ENFRANCHISEMENT, of copyholds, destroys right of common, 51, 52. not presumed from lord's negligence in exacting acknowledgments for under power, reserving minerals, not invalid on ground that power did ENJOYMENT, nature of requisite, to give right under Prescription Act, to profits à prendre, 3 et seq. to easements other than light, 9 et seq. to light, 16. periods of, in case of profits à prendre, 2. easements, 6, 14. ENJOYMENT AS OF RIGHT, in case of custom, 33. claims to easements, 11 et seq. ENTAILED LAND, 299. See ESTATE TAIL-TENANT IN TAIL. ENTAILED MONEY, interpretation of money in 3 & 4 Will. 4, c. 74..298. money to be laid out in land considered as realty, 364. provision as to barring the entail, 365. old mode of barring entail in, 364. fund in court, whether disentailing deed required on payment out, 366. costs of deed, ib. evidence, ib. in Ireland belonging to bankrupt, ib. ENTRY ON LAND, nature of right of, 425. limitation of right of, under 21 Jac. 1, c. 16..147. must be made within twenty years after right first accrues, 144. in case of future estates, reversions, &c., 155, 162. in case of forfeiture or breach of condition, 155, 159. in case of administrator, 163. in case of tenant at will, 164. in case of tenant from year to year, 171. in case of wrongful receipt of rent exceeding 20s. a year, 176. not to be deemed possession, 179. right not preserved by continual claim, 180. right of, not to be barred by descent cast, discontinuance or warranty, of lord of manor on forfeiture of copyholds, 160. of father on son's land, effect of, 187. by trustee, effect of, ib. by landlord on expiration of term, 154. right of, may be devised, 500. aliened by deed, 154. See LIMITATIONS OF ACTIONS AND SUITS. EQUITABLE ESTATES, fines and recoveries of, 314. disposition by equitable tenant in tail of freeholds, 320. in copyholds, disposition by married woman of, 395. whether curtesy out of, 433. subject to same rules of descent as legal, 441. liable to execution, 569. EQUITABLE RELIEF, in case of disturbance of rights of common, 54, 55. way, public, 68. way, private, 85. light, 126. pews, 120. in case of dower, 226. EQUITY, COUrts of, jurisdiction of, in case of incorporeal rights and easements. See how far bound by Statutes of Limitation, 198, 288. suits to recover land or rent, to be brought within same period as time within which suits to recover money charged on land or legacies time within which specialty debts must be recovered in, 260, 288. time within which simple contract debts must be recovered in, 288. concealment of right, 271. express trust, 201. fraud, 208, 291. acquiescence, 210, 291. will prevent Statute of Limitations being used as a bar, 201. pleading the Statutes of Limitation in, 231. dower, equitable relief in case of, 226. rents, for what time account of, will be directed in, 255. interest on debts, &c. allowed by, 257. excluded from giving any effect to dispositions by tenants in tail, or EQUITY, COURTS OF-continued. rules of, not to apply between the protector of a settlement and a tenant will not compel married woman to acknowledge deed, 384. supply want of acknowledgment of deed of married woman, decree or order of, for payment of money to have force of judgment, 589, held to be a judgment within 3 & 4 Will. 4, c. 27, s. 40..237. EQUITY OF REDEMPTION, barred by twenty years' possession by mortgagee, unless acknowledg- See MORTGAGEE. dower out of, 424. how applied in payment of debts under 3 & 4 Will. 4, c. 104..477. may be released by married woman, 405. ERASURE, in affidavit of commissioner for taking married woman's acknowledg- in will, 518. ERROR, within what time to be brought, 233, 234. ESCAPE OF WATER, liability for, 103. ESCHEAT, nature of, 140. property held on trust or mortgage not subject to, 675. beneficial interest of trustee or mortgagee liable to, 676. lands of felo de se not subject to, 457. escheated lands are assets for payment of intestate's debts, 476. persons taking estate by, within 3 & 4 Will. 4, c. 27..132. Court of Chancery may direct conveyance of land vested in trustee ESTATE TAIL-continued. in copyholds, 350. in advowsons, when remainderman barred, 221. belonging to judgment creditor, 569. See 577. vested in infant, conveyance of, where land sold for payment of debts, 492. EVIDENCE, of exercise of right of common, 3, 4. to establish common pur cause de vicinage, 42. of user of easement, 13. See 11, 12, 19. admissible under general traverse of enjoyment as of right, 23. to establish rights of fishing, 47. of rights to the seashore, 113. as to public ways, 63. private ways, 79. title to pews, 119. in crown suits, 142. of consent of lord chancellor as protector, 349. of entry in court rolls, 352. of inrolment of deeds, 367. upon application to court to sanction settlement by infant on marriage, 409. on petition for appointment of new trustees, 670. on applications under the Settled Estates Acts, for leases, 689. for sales, 707. for appointment of guardian, 708. of execution of leases under act by lessee, 699. order under Trustee Act, of what matters to be, 674. EXAMINATION, of married woman, on acknowledging deed, 383. EXCEPTING CLAUSES IN WILL, whether sect. 24 of Wills Act applies to, 523. EXCEPTION, of right of way in lease operates as grant by lessee, 72. EXCHANGE, must be by deed, 632. condition in law not to be implied from, 637. power of Court of Chancery under Trustee Act, 1850, when decree made by trustees under statutory power, 731 et seq. consent of tenant for life, &c. necessary, 734. |