A Treatise on the West Indian Incumbered Estates Acts: 17 and 18 Vict., C. 117-21 and 22 Vict., C. 96; 25 and 26 Vict., C. 45-27 and 28 Vict., C. 108. With an Appendix, Containing the Acts, General Rules, Forms, and Directions, Additional Forms, Local Acts, Tables of Fees, Solicitor's Fees and Charges. And Reports of Cases (heard Before Henry James Stonor, Esq., Chief Commissioner.)W. Amer, 1865 - 328 pages |
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Page 4
... appear , therefore , that a great part of past transac- the delay and expense attending the transfer of landed property arises from the impossibility of getting rid of the past , and the necessity of explaining every minute circumstance ...
... appear , therefore , that a great part of past transac- the delay and expense attending the transfer of landed property arises from the impossibility of getting rid of the past , and the necessity of explaining every minute circumstance ...
Page 8
... appears no doubt that so far as it carries out the principle of the Irish In- cumbered Estates Act , its effects will be found beneficial . We now come to the consideration of the West Indian Incumbered Estates Acts - the subject of ...
... appears no doubt that so far as it carries out the principle of the Irish In- cumbered Estates Act , its effects will be found beneficial . We now come to the consideration of the West Indian Incumbered Estates Acts - the subject of ...
Page 18
... appear from these provisions , that the appointment of a Local Commissioner is not compul- sory , but permissive ; and that an Assistant Commissioner may , by the direction of the Chief Commissioner , proceed to any colony for the pur ...
... appear from these provisions , that the appointment of a Local Commissioner is not compul- sory , but permissive ; and that an Assistant Commissioner may , by the direction of the Chief Commissioner , proceed to any colony for the pur ...
Page 27
... appears that a person having an estate for life , or for a term of thirty years , or an incumbrance on an estate for life or for years , may apply for the sale of the inheritance . In this re- spect the Act is less restrictive than the ...
... appears that a person having an estate for life , or for a term of thirty years , or an incumbrance on an estate for life or for years , may apply for the sale of the inheritance . In this re- spect the Act is less restrictive than the ...
Page 33
... appear to be necessary for their protection . The Commissioners have full power of giving or Sec . 52 . withholding costs ; but in general the costs of the petitioner , if an incumbrancer , will rank in priority with his incumbrance ...
... appear to be necessary for their protection . The Commissioners have full power of giving or Sec . 52 . withholding costs ; but in general the costs of the petitioner , if an incumbrancer , will rank in priority with his incumbrance ...
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Common terms and phrases
absolute order abstract affidavit aforesaid appear application appointed Arnos Vale Bank of England bered Estates brances Captain Pengelley charge Chief Commissioner claim colony Commis Commission Commissioners for Sale conditional order consignee conveyance costs Court of Chancery Court of Equity cultivation Davis and Boddington deeds direct draft schedule entitled equity exchange execution Exparte expenses fees filed George Craggs Parker HENRY JAMES STONOR Incumbered Estates Act incumbrancers Indian Incumbered Estates Jamaica John McFee land Legislature lien Majesty manager matter ment missioners moiety mortgage order for sale Order in Council owner paid parties interested payable payment Pearse person petitioner possession present Principal Act priority proceedings provisions purchase-money purchaser receive recited Acts respect Sale of Incumbered schedule of incumbrances Secretary sioners sold solicitor tenant therein thereof thereto think fit Thomas Macfarlane tion trustees Vincent West Indian estate West Indian Incumbered West Indies
Popular passages
Page 256 - And it is ordered that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised.
Page 256 - Issue ; and any of the Parties are to be at liberty to apply to this Court as there shall be occasion.
Page 72 - I AB do swear that I will faithfully, impartially, and honestly, according to the best of my skill and judgment...
Page 177 - Majesty might from time to time, by Order in Council, direct the said Act to come into operation in any of the said...
Page 97 - Persons respectively, if free from Disability, might have made, given, done, or been Party to, and shall otherwise represent such Person for the Purposes of this Act...
Page 92 - Equity duly registered, and also any Legacy, Portion, Lien, or other Charge, whereby a gross Sum of Money is secured to be paid on an Event or at a Time certain, and also any annual or periodical Charge which by .the Instrument creating the same, or by any other Instrument, is made repurchasable on Payment of a gross Sum of Money...
Page 179 - Legislature thereof should have presented an Address to Her Majesty, praying Her Majesty to issue such Order, and should also have made provision, to the satisfaction of Her Majesty's Principal Secretary of State for the Colonies, for payment of the salaries of the local Commissioners in the said...
Page 69 - shall extend to and include Manors, Messuages, Tenements, and Hereditaments, corporeal and incorporeal, of every Tenure or Description, whatever may be the Estate or Interest therein : The Word "Stock" shall mean any Fund, Annuity, or Security transferable in Books kept by any Company or Society established or to be established, or transferable by Deed alone, or by Deed accompanied by other Formalities, and any Share or Interest therein...
Page 234 - An annuity is a thing very distinct from a rent-charge, with which it is frequently confounded: a rent-charge being a burthen imposed upon and issuing out of lands, whereas an annuity is a yearly sum chargeable only upon the person of the grantor, (p) Therefore, if a man by deed grant to another the sum of 20¿.
Page 91 - ... and the following terms shall (if not inconsistent with the context or subject matter) have the respective meanings hereinafter assigned to them ; that is to say,