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
... proceedings are found regular ; in such case the transaction may be completed , and the vendor gets his money and parts with his land . But what is the condition of the purchaser ? However carefully he may have satisfied himself of the ...
... proceedings are found regular ; in such case the transaction may be completed , and the vendor gets his money and parts with his land . But what is the condition of the purchaser ? However carefully he may have satisfied himself of the ...
Page 18
... proceedings can , in most cases , be conducted in London , or elsewhere at a distance , in the same manner and with the same facility as an ordinary sale or mortgage , which is seldom con- ducted in the county where the property sold or ...
... proceedings can , in most cases , be conducted in London , or elsewhere at a distance , in the same manner and with the same facility as an ordinary sale or mortgage , which is seldom con- ducted in the county where the property sold or ...
Page 19
... proceedings under the Acts ; but all fees to be paid in a colony are subject to dis- allowance or alteration by the Legislature of such colony . It will be observed , on reference to these sections , that there is an ambiguity as to the ...
... proceedings under the Acts ; but all fees to be paid in a colony are subject to dis- allowance or alteration by the Legislature of such colony . It will be observed , on reference to these sections , that there is an ambiguity as to the ...
Page 20
... proceedings in England has already been prepared , and is now in force . Considerable sums have been already received in respect of such fees and commissions , which have gone some way in defraying the expense of the Court . The ...
... proceedings in England has already been prepared , and is now in force . Considerable sums have been already received in respect of such fees and commissions , which have gone some way in defraying the expense of the Court . The ...
Page 21
... proceedings to be com- menced and conducted in the colony , and gives many facilities for applying the Act with economy and expedition . In the colonies which have adopted the Acts this Sec . 20 . has been done without causing any ...
... proceedings to be com- menced and conducted in the colony , and gives many facilities for applying the Act with economy and expedition . In the colonies which have adopted the Acts this Sec . 20 . has been done without causing any ...
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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,