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 3
... owner has been involved in a Chancery suit , the vendor may be called upon to give an account of all the proceed- ings , however voluminous ; and if such suit has been compromised , to show that such compromise was fair and proper . It ...
... owner has been involved in a Chancery suit , the vendor may be called upon to give an account of all the proceed- ings , however voluminous ; and if such suit has been compromised , to show that such compromise was fair and proper . It ...
Page 5
... owner , though nominally a large landed proprietor , was in reality a mere agent or collector for others . The number and variety of the incum- brances were so overwhelming and complicated , that a sale was often impossible . The owner ...
... owner , though nominally a large landed proprietor , was in reality a mere agent or collector for others . The number and variety of the incum- brances were so overwhelming and complicated , that a sale was often impossible . The owner ...
Page 6
... owner , had no interest in increasing the productiveness of the land out of which he could never derive more than a fixed sum for principal and interest . On the other hand , the nominal proprietor could not be expected to risk his ...
... owner , had no interest in increasing the productiveness of the land out of which he could never derive more than a fixed sum for principal and interest . On the other hand , the nominal proprietor could not be expected to risk his ...
Page 9
... owner has only to collect his rents , and , after setting apart a certain average proportion for management and ordinary or periodical expenses , may look on the residue as a constant annual income . The proprietor of a West Indian ...
... owner has only to collect his rents , and , after setting apart a certain average proportion for management and ordinary or periodical expenses , may look on the residue as a constant annual income . The proprietor of a West Indian ...
Page 10
... owner from the necessity of personally attending to his property , and , by commissions and loans at compound interest , ensuring large profits for themselves . It not unfrequently happened that the owner of an estate was unable to ...
... owner from the necessity of personally attending to his property , and , by commissions and loans at compound interest , ensuring large profits for themselves . It not unfrequently happened that the owner of an estate was unable to ...
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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,