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 11
... thereof a money compensation was given to the holders of slaves . But no money compensation could ever restore the previous state of affairs , or enable the owner to realise the profits which , in the palmy days of slavery , he had ...
... thereof a money compensation was given to the holders of slaves . But no money compensation could ever restore the previous state of affairs , or enable the owner to realise the profits which , in the palmy days of slavery , he had ...
Page 17
... thereof ; and the word " estate " is defined to extend to an estate in equity as well as at law , and to an equity of redemption , and to the benefit of any cove- nant or contract for or right to renewal . Here we have a clear ...
... thereof ; and the word " estate " is defined to extend to an estate in equity as well as at law , and to an equity of redemption , and to the benefit of any cove- nant or contract for or right to renewal . Here we have a clear ...
Page 25
... thereof , to enforce any order made by them ; and on such request it is incumbent on the Court or officer to enforce such order . Sec . 24 . For the purpose of deciding questions of fact , the Principal Act , Commissioners are ...
... thereof , to enforce any order made by them ; and on such request it is incumbent on the Court or officer to enforce such order . Sec . 24 . For the purpose of deciding questions of fact , the Principal Act , Commissioners are ...
Page 29
... the estate subject to the jointure , and the jointress refused to receive the value of the annuity in lieu thereof to the 1 Re Greatheed , see Appendix . The sale . Effect of the conveyance . Sec . WEST INDIAN INCUMBERED ESTATES ACTS . 29.
... the estate subject to the jointure , and the jointress refused to receive the value of the annuity in lieu thereof to the 1 Re Greatheed , see Appendix . The sale . Effect of the conveyance . Sec . WEST INDIAN INCUMBERED ESTATES ACTS . 29.
Page 32
... thereof . This is also an important element in the Act , as it effectually separates the purchaser from the vendor , and diminishes the chance of collusion . If an incumbrancer purchases , he will be allowed to retain the whole or part ...
... thereof . This is also an important element in the Act , as it effectually separates the purchaser from the vendor , and diminishes the chance of collusion . If an incumbrancer purchases , he will be allowed to retain the whole or part ...
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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,