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AN

INDEX

OF THE

PRINCIPAL MATTERS.

N. B. The Numerals refer to the Volumes; the Figures to the page.

ABATEMENT OF FREEHOLD. See Disseisin.

what is, I. 51

previously to stat. 3 & 4 Will. 4. c. 27. must have been avoided
by entry or continual claim, ib. III. 312

but entry of a younger brother upon the death of the ancestor was
not an abatement, I. 51

where a coparcener enters specially claiming the whole land, she
gains her sister's moiety by, II. 392. Qu. ib. 403

ABATEMENT OF WRITS,

a writ of partition between joint tenants does not abate by the
death of one of them, II. 385. 388

no original writ abates by the death of a king or queen, V. 73

ABATOR,

may make a valid assignment of dower, I. 169

distinguished from a tenant at sufferance, 249

cannot grant a copyhold, 271

ABBOTS,

who held per baroniam were obliged to attend the Curia Regis,
III. 126

ABEYANCE,

of the freehold defined, I. 52. not favoured in law, 55

when it does not take place, 53

instance of in glebe, ib.

of the fee-simple defined, 55

of a dignity, III. 189. See Dignities.

of a remainder, II. 327-330

ACCEPTANCE OF RENT,

after disclaimer, barred the lord of his writ of right, I. 64
may be a dispensation of forfeiture of a copyhold, 318, 319
when it bars an escheat, III. 400.

confirms a voidable lease, IV. 70. but not of a void lease, 70-72

bars the lessor of a right to enter on the breach of a condition in a
lease, 72

unless he was ignorant of the breach, ib.

ACCIDENTAL FIRE,

how far a tenant for life is answerable for damages by, I. 132, 133
Q. whether a tenant by the curtesy is answerable, 150

Q. whether a dowress is answerable, 166

how far a tenant for years is answerable, 233

usual covenant to exempt him from rebuilding, 133

ACCOUNT, ACTION OF.

lies against a tenant by statute, elegit, &c. II. 55

lies between joint tenants, 377. and tenants in common, 400

ACCUMULATION, TRUSTS OF. See Perpetuities.

doctrine of accumulations previous to the statute 39 & 40 Geo. 3.

c. 98. VI. 429-459

doctrine of accumulations since the stat. 459

equity will support a trust of accumulation pro tanto, 460

ACT OF PARLIAMENT. See Statutes.

perpetuities by act of parliament, IV. 350, 351

private act. See Private Act, ib.

ACTION,

right of not defeated by discontinuance or warranty I. 79

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of debt. See Debt.

real and possessory, III. 314, 315

what real actions are abolished, 315, 316 See stat. 3 & 4 Will. 4.
c. 27.

upon a covenant, IV. 375. 389

for recovering dower. See Dower.

of ejectment. See Ejectment.

for injuring the inheritance lies in favour of a reversioner, II. 336,

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cannot be transferred, I. 225. 342. II. 4

will not support a contingent freehold remainder, 244

may stand in jointure, 366

ACTON BURNELL, stat. of, II. 39

ADMINISTRATORS. See Executors and Administrators.
ADMISSION of a Clerk to a Benefice, III. 12

ADMITTANCE OF COPYHOLDERS. See Copyhold.
AD QUOD DAMNUM,

writ of, (before stat. 7 & 8 W. 3. c. 37.) was sued out previous
to granting the king's licence in mortmain, I. 54. IV. 21

ADULTERY,

is a bar of dower, I. 175

but not of curtesy, 150
nor of jointure, 209

ADVANCEMENT,

no trust results to a father on a purchase of land in the name of
his child, for it is an advancement, I. 398–400. Aliter,
when in his own name and that of his son, 400

ADVERBS of TIME,

effect of, in the limitation of remainders, II. 225

ADVERSE POSSESSION,

necessary to the operation of the statute of limitations, and what
it is, III. 436. 438, and to the operation of a fine, V.
226, 227

ADVICE,

words of, do not create a devise, VI. 158, when they raise a trust,
161. And see Implication.

ADVOWSON,

is an incorporeal hereditament, I. 46. III. 2
origin of the terms advowson and patron, ib.

is a right of presentation to a church or ecclesiastical benefice, 2.
distinguished from a right of nomination, 3. 11

thus cestui que trust of advowson has the right to nominate, but
the trustee to present,

and mortgagor has right to nominate, but mortgagee to present,
3. 11. 19

of a moiety of a church, 2

semb. lies in tenure, 5

stat. 3 & 4 Will. 4. c. 27. extends to, III. 454

Appendant,

or annexed to the manor in which the church was first erected, 3
may become in gross, by what means, 4

may cease for a time to be appendant, and may become so

again, ib.

for one turn, and in gross for another, 5

In gross,

by being separated from the manor to which it was appendant, 4

by what conveyances, ib.

may be conveyed to uses, I. 341

cannot be extended on an elegit, II. 54. III. 9

VOL. VII.

K

ADVOWSON-continued.

entails of, may be barred by fine, V. 164. and recovery, 340

Presentative, III. 5

Collative, ib.

Donative, ib.

seisin of, 6

what estate may be had in, ib.

is subject to curtesy and dower, 6, 7

alienable, by what conveyance, 7. for ever or for next presentation, ib.

assets, ib.

devisable, VI. 26

descendible, III. 329

may be mortgaged, but mortgagees cannot present, II. 87. III. 19 whether appendant or in gross are assets for payment of debts, 9. 27. and may be sold for that purpose by order of court of equity, 9

were not within the former statutes of limitation, but within the stat. 3 & 4 Will. 4. c. 27. 454

previously to stat. 3 & 4 W. 4. c. 106. descended only to the whole blood, 350

what seisin made a possessio fratris, ib.

colleges in the English universities may hold a larger number of, than the moiety of their fellows, 45 G. 3. c. 101. repealing the proviso in 9 G. 2. c. 36. s. 5

what number the colleges of Winchester, Westminster, and Eton may buy, IV. 22

may be leased, 60

will pass by

bargain and sale, 100

covenant to stand seised, I. 341. IV. 107

lease and release, 115

fine may be levied of, V. 132

words in, which will pass advowson, 134

entail of, cannot be discontinued, 219

but might be barred by fine, if the advowson were in gross, 164

a recovery might be suffered of, by writ of right of advowson, but writ of entry in the post did not lie, 340

Presentation,

any number of presentations may be granted, III. 7

right of, goes to executors, 14, 15

may be devised, VI. 26

grant of the next, does not become void on the crown's acquiring a right to present, III. 8

one coparcener does not lose her turn to present by usurpation on her elder sister, 18

distinguished from nomination, 3

ADVOWSON—continued.

to a church, is equivalent to corporeal seisin of land, III. 6
must be in writing, 11, 12

may be revoked, 12

simoniacal, when, 25

who may present, 14

husband seised jure uxoris must present in his own and wife's

name,

ib.

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coparceners and their grantees, ib.

tenants in common, 18

effects of partition of advowson held in joint tenancy, co-

parcenary, or in common, 19

mortgagor is entitled to nominate, ib. but mortgagee to pre-
sent, ib.

Qu. whether a cognizee, by statute, of a manor to which an
advowson is appendant, may present, 20

a bankrupt, on vacancy before advowson sold under the com-
mission, ib.

Who are incapable of presenting,

aliens, outlaws, 21. lunatics, 22

persons refusing to subscribe the declaration in 1 W. & M.
sess. 1. c. 26. 21

Roman catholics and their mortgagees or trustees, ib.

but a protestant may purchase advowson from a papist
for a valuable consideration, ib.

Examination of the clerk,

belongs to the bishop, 22

causes of refusal, ib.

remedies of the clerk and patron against the bishop for re-
fusing to institute without cause, ib, 23

admission, 12

institution, ib.

induction, ib.

belongs of common right to the archdeacon, ib.

form of induction, ib. 13

Lapse, 13

Simony, III. 23

what contracts and presentations are simoniacal, 24-26
king shall present, if committed, 23, 24

promise to present on marrying daughter of patron, is, 24

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