EXCHANGE-continued. under power, reserving minerals, not invalid, on ground that power did EXECUTION, registration of writs of, 618, 626. delivery in, necessary before judgment can affect land, 625, 627. what is delivery in, 625. See WRIT OF ELEGIT-WRIT OF FIERI FACIAS. EXECUTION OF WILLS, signature made by testator, 505. by another person by testator's direction, 506. acknowledgment of signature in presence of witnesses, what amounts position of signature, 536, 537. presumption as to due execution, 509. evidence showing that statutory requisites were not complied with, ib. re-execution of will by codicil, 534. publication, not requisite, 513. republication, 534. mode of execution of wills in exercise of powers, 511. forms in which wills of British subjects may be executed, within and See ATTESTATION OF WILLS. EXECUTOR, distinction between administrator and, 163. right of, to distrain, 138. how time runs against simple contract debt in case of, 272. acknowledgment in writing by, 275. payment by, 288, 295, 296. whether payment by, takes debt out of statute as against devisees, 288. case where executor is devisee, ib. or trustee, ib. effect in keeping alive right to make legatees refund, ib. not bound to plead the statute, ib. may pay and retain debts barred, ib. may set off legacy against debt barred, ib. right of, to account of original testator's estate, ib. not to be protector of settlement, 333. power to sell implied from charge of debts, 484 et seq. See DEVISE OF REAL ESTATE CHARGED WITH DEBTS. whether power legal or equitable, 487. effect of lapse of time, ib. may witness will, 514. protection of, against unregistered judgments, 619. judgment against, to be re-registered, 620. Trustee Act, 1850, extends to, 649. See TRUSTEE ACTS. making payment under power of attorney, 718. fully protected by decree of court in administration suit, 719. liability of, in respect of rents, covenants and agreements in testator's statutory protection in respect of, ib. fund formerly set apart for protection of, ib. now unnecessary, ib. EXECUTOR-continued. liability of, in respect of rents in conveyances to testator on chief rent or rent-charge, statutory protection against, 720. distributing assets after notice, protected, ib. power of, to compromise and compound, 740. See ADMINISTRATOR. EXECUTORY LIMITATIONS, effect of disposition by tenant in tail upon, 321. EXONERATION, of mortgaged estates, 491. See LOCKE KING'S ACT. EXPECTANCIES, alienation of, 325, 326. See 638. issue inheritable cannot, under 3 & 4 Will. 4, c. 74, bar their, 325. FEE-FARM RENT, what is, 136. arrears recoverable, 250. may be consideration in sales under Settled Estates Acts, 691. FEES, to be taken under 3 & 4 Will. 4, c. 74, in respect of acknowledgments where several married women join in one acknowledgment, 403. for inrolment of deeds, to be regulated by Court of Chancery, 368. FEES-continued. of sheriff, 570. for registry of judgments, 593, 599. for registering lis pendens, 603. for entry of judgments of Courts of Durham and Lancaster, 612. for entry of satisfaction on judgments, 624. for searching for judgments, 617. on searches for crown debts, 608. for registry of quietus, ib. to officers and solicitors under Settled Estates Act, 707. FELO DE SE, on proceeding to obtain advice of court, 723. lands of, do not escheat, 457. FELON, Court of Chancery to be protector where protector a, 336. FEME COVERT. See MARRIED WOMAN. what acts to be done by person liable to levy under covenant, 308. having certain errors in parcels or parties, made valid without amend- cases as to amendment of, ib. levied of lands in ancient demesne, 309. levied in Common Pleas, to be deemed fines with proclamations, 312. to be taken to have been levied with proclamations, ib. certain cases in which fines not made valid by act, 316. FISHERY, common of, 46. several, ib. free fishery, meaning of, 47. evidence of rights of, ib. FORECLOSURE, within what time to be brought, 199, 236. arrears of interest recoverable in, 252. provisions of Trustee Act in case of decree for, 667. infant allowed, on attaining twenty-one, to show cause against decree FORMS IN THE APPENDIX, of memorandum to be indorsed on deeds, 751. of certificates of acknowledgment by married women, 752. of affidavits verifying such certificates, 753 et seq. of notarial certificates, 760. FRAUD, in recovery of land or rent, time does not run, in equity, while fraud what is concealed fraud, 209. reasonable diligence in discovering fraud, ib. in recovery of debts, effect of, 291. on power, 339. FUND IN COURT, entailed, whether disentailing deed required on payment out, 366. belonging to judgment debtor, 583, 585. whether liable to execution, 572. charging order on, 583. GENERAL DEVISE, includes leaseholds and copyholds, 524. and property over which testator had general power of appoint- GERMANY, as to affidavits of acknowledgment of deeds by married women in, 392. grant of minerals implies power to raise, 36. ancient grant, effect of, in case of prescriptive right, 38. prescription supposes a grant, 29. presumed, after twenty years' exercise of incorporeal right, 55. non-existing, plea of, 56. from crown, presumption of, 143. immediate freehold of corporeal tenements may be conveyed by, 631. what subjects are said to lie in, 632. word "grant" not to imply any covenant in law, 637. GROSS, rights in, not within act, 2, 25. common in gross, 43. GUARDIAN, appointment of, under Settled Estates Act, 707, 708. petition by, under Infants Marriage Settlement Act, 409. |