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 but entry of a younger brother upon the death of the ancestor was where a coparcener enters specially claiming the whole land, she ABATEMENT OF WRITS, a writ of partition between joint tenants does not abate by the 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, 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 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 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 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 of debt. See Debt. real and possessory, III. 314, 315 what real actions are abolished, 315, 316 See stat. 3 & 4 Will. 4. 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, 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. ADMITTANCE OF COPYHOLDERS. See Copyhold. writ of, (before stat. 7 & 8 W. 3. c. 37.) was sued out previous ADULTERY, is a bar of dower, I. 175 but not of curtesy, 150 ADVANCEMENT, no trust results to a father on a purchase of land in the name of 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 ADVICE, words of, do not create a devise, VI. 158, when they raise a trust, ADVOWSON, is an incorporeal hereditament, I. 46. III. 2 is a right of presentation to a church or ecclesiastical benefice, 2. thus cestui que trust of advowson has the right to nominate, but and mortgagor has right to nominate, but mortgagee to present, 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 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 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. 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- Qu. whether a cognizee, by statute, of a manor to which an a bankrupt, on vacancy before advowson sold under the com- Who are incapable of presenting, aliens, outlaws, 21. lunatics, 22 persons refusing to subscribe the declaration in 1 W. & M. Roman catholics and their mortgagees or trustees, ib. but a protestant may purchase advowson from a papist Examination of the clerk, belongs to the bishop, 22 causes of refusal, ib. remedies of the clerk and patron against the bishop for re- 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 promise to present on marrying daughter of patron, is, 24 |