CUSTOM-continued.

public cannot claim by, 25, 38.
quarries, for lord to work, 25.
races, to hold, 25.

rates, as to, ib.

reasonable, must be, 24, 25.

recreation, for, cannot be claimed by public, 25.
sand, to take, 39.

statute, effect of inconsistent, 28.

tin-bounders, customs claimed by, 26.
unreasonable, instances of, 24, 25.

usage, cannot be enlarged beyond, 25.
water, for inhabitants to take, ib.
watercourse, as to, 74.

way, may be claimed by, 6, 23, 57, 61.

See LOCKE KING'S ACT.

mortgage for payment of, 386, 389, 390.

order of payment of, 382, 383.

lex loci situs, governed by, 382.

payment out of real estate, 365 et seq. See PAYMENT OF DEBTS OUT OF
REAL ESTATE.

preference by executor, 383.

purchaser, whether liable to see to application of purchase-money in
payment of, 390, 391.

heir, by, 388.

legal estate on sale by executor of will before 1859..388.
simple contract, what are, 384, see 209. See SIMPLE CONTRACT DEBTS.
limitation of actions for, 208. See LIMITATION OF ACTIONS.

specialty, what are, 203, 385. See SPECIALTY.

limitation of actions for, 202. See LIMITATION OF ACTIONS.

DESCENT-continued.

heir of testator, devise to, effect of, 357, 358.

of another person, devise or limitation to, effect of, 359.
Inheritance Act, 352–364.

commencement of, 364.
interpretation clause, 352.

objects of Act, 353.

limitation to grantor or his heirs, 357, 358.
heirs of a person, effect of, 359.

male line of ancestors preferred, 361.

mother of male paternal ancestor preferred, ib.
old law, 353, 354, 357, 358, 360, 362, 363.
person last entitled, when traced from, 355.
possessio fratris, rule of, 362.

posthumous heir, rights of, 356.

purchaser, meaning of word, 352.
traced from last, 355.

presumption as to who was, ib.

remainder, of estate in, 356.

reversion, of estate in, ib.

root of descent, 355, 356.

Shelley's Case, rule in, 358.

seisina facit stipitem, rule of, abolished, 355, 356, 362.

sister to brother or sister, from, 360.

trust property, of, 567, 600.

DEVISE. See CONSTRUCTION OF WILLS.

children, to, effect of, 433, 434.

contract to sell by testator, effect on devise, 422.

debts, in trust to pay, effect on running of time, 235.

estates tail, of, not to lapse, 433.

executor, to, passes the fee, 432.

fee passes without words of limitation, 430, 432.
general, includes copyholds and leaseholds, 426.

operates as execution of power, 426–430.

heir, effect of devise to, 357, 360.

mortgage estate, of, effect of subsequent acquisition of equity of redemp-
tion, 422.

real estate charged with debts, of, who is to raise money for payment,

386-391.

if devised in trust for whole estate, devisee in trust to sell, 386.

if devised beneficially in fee or in tail for whole estate, devisee to
sell, 390.

in other cases executor to sell, 389, 390, see 388.

residuary, includes lapsed and void devises, 425.

specialty creditors, void against, 366.

subsequent conveyance, effect of, 421, 422.

trustee, to, passes the fee, 432.

without words of limitation passes the fee, 430.

DEVISEE,

debts, sale for payment of, by, 386, 388, 389, 390.

disclaimer by, 294.

liable to debts, 367, 368, see 379.

mortgaged land, of, liable to mortgage debt, 391 et seq. See LOCKE

KING'S ACT.

retainer by, 384.

trust, in, sale for payment of debts by, 386, 388, 389.

DISABILITIES,

saving in favour of persons under,

in the case of claims under the Prescription Act, 19.
in the recovery of land or rent, 141-145, 196, 197.

as to mortgages, 141, 161, 196.

successive disabilities in the same person, 141.

in different persons, 145.

in the recovery of money charged on land or legacies, 176, 182, 190,

228.

no saving as to arrears of rent or interest, 190.

in the recovery of debts by specialty, 204, 205.

in the recovery of debts by simple contract, 216.

representatives of persons dying under disability, 217.

where time once begins to run, disability does not stop it, 141, 196,

see 215.

DISCHARGE OF WATER,

prescriptive right to discharge water on adjoining land, 71, 72.

DISENTAILING DEED,

alien, by, 253.

contract to execute, specific performance of, 272, 275.

disclaimer by party to, effect of, 253

form of, 254, 272, 273.

infant, ordered to execute, 275, 374.

under Infants Settlement Act, void on death under age, 314.

inrolment of, 273, 280, 290, 291.

acknowledgment not required before, 290.

bankrupt tenant in tail, in case of, 282, 288.

copyholds, in case of, 280, 291.

entailed money, in case of, 289, 290.

DISENTAILING DEED-continued.

married woman, by, should be acknowledged before inrolment, 273.

operation of, 253.

payment of money out of Court, required on, 289, 657.

powers, destruction of, by, 253.

rectification of, 275.

relation back of inrolled deeds, 291.

tenant for life, by, effect of, 253.

recital that tenant in tail is, effect of, ib.

vesting order operating as, 503.