JOINT TENANCY-continued.. how far subject to incumbrances, II. 64, 444. when liable to merger, 448. Severance and destruction of joint tenancy by destroying the unity of interest, 447, or of title, 449, or of posses- alienation to a stranger, ib., except by a devise, 452. lease for life or years by one of two joint tenants in fee, 449. lease by one for certain years past of a term granted in joint tenancy,, mortgage for years, by one tenant, ib. agreement to aliene, though not performed, 452. in a copyhold, by surrender and presentment, V. 506. but the alienation must be good in law; thus, conveyance by joint tenant to his wife will not work a severance, II.450. partition; voluntary partition, 455, IV. 83. must at all times have been made by deed, except where the agreement to make partition, 460–462. legal estate is still held in joint tenancy, 461. agreement by husbands of two joint tenants to make, will not compulsive partition; by writ of partition at law or in equity, 455, 460. of the writ of partition, inquisition, and judgments, 456. a writ of partition does not abate by death of defendant, ib. 459. by devolving to one person by survivorship, 462. under inclosure acts, 488. deed of, IV. 85. fine, V. 118. Joint tenants, their interest and power, are each seised of an undivided moiety of the whole per mie et per all natural persons, II. 440. husband and wife, were joint tenants before marriage, 444. alien and natural born subject, liable to what right of the king, ib. who may not be, husband and wife, 441. except they were joint tenants before marriage, 444. the king or a corporation cannot be joint tenants with a natural one joint tenant cannot charge the estate so as to prejudice the sur- JOINT TENANCY-continued. Joint tenants, their interest and power, but if he who makes the charge survives, the incumbrance is good execution against one on a recognizance or statute, when binds the one of two joint tenants in fee may make a lease for years, to bind aliter where they are joint tenants for life, ib. may make leases jointly or severally, IV. 74. disposition by one, to bind his companion, must be immediate, and in what acts they must, and need not join, 445. in case of an advowson, must all join in presenting, III. 19, 20. livery of seisin, entry or re-entry by one, enures to all, 446. perception of profits by one, does not amount to expulsion of are all liable for waste committed by one, 446. one cannot be disseised by his companion except by actual ouster, ib. may compel each other to make partition, 455, 456. See ante. how far bound by agreement to make partition, 460. may release to each other in fee without the word heirs, IV. 74, 296. may levy fines, V. 118. may release to each other by fine, 220. II. 452. but one cannot enfeoff the other, and why, IV. 54. a fine levied by one joint tenant of the whole, is not a dissesin or entry of one, will avoid a fine as to the others, 257. in the case of copyholds, they may release to each other without a proper conveyance by one to the other is by release, II. 452. IV. 85. origin of, I. 197, 198, 199, defined, 199. is a provison made by the husband, and not a contract for it, 210. is not a continuation of the husband's estate, 212. if not good at first, no after-occurring circumstance makes it good, 200. who may take a jointure, ib. 168. equitable jointures, as e. g. trust estates, covenants to settle lands or a rent charge and term for years are now usually limited as, 212. IV. intended wife need not be a party to the deed securing her jointure, but she or her guardians if she is under age, should have notice of it, ib. powers of limiting. See Powers. JOINTURE-continued. Circumstances required to make a jointure bar dower, 1. it must take effect immediately after the husband's death, I. 200. II. it must be for the life of the wife, or for some equal or greater 111. it must be limited to the wife herself, and not to another in trust for her, 201, equitable jointures, ib. 202. IV. it must be in satisfaction of the whole dower, 202, 203. v. it must be expressed or averred to be so, ib. VI. and must be made previous to marriage, 203. Jointures which require the widow's acceptance in order to bar dower; an estate, which by condition in husband's will, as e. g. on second Cases where the widow takes the estate and dower, 205. By what acts barred or forfeited; by attainder of wife, 220. how far by fine, 219, V. 278. by common recovery, 447. sometimes by a devise, I. 233, 234, 235. By what acts not barred or forfeited; by attainder of husband, 220. by elopement or adultery of wife, ib. by the husband's act, unless his wife joins him in a fine or recovery, by a devise, 221, VI. 9. unless so expressed, and then widow has election, I. 233. but a devise is sometimes taken to be in satisfaction of jointure, Estate tail limited as a jointure, cannot be barred by jointress, I. 211, Jointure bars what rights of widow; dower, 187, 197, 198. the right of an infant jointress to dower, 205, and why, 210, 211. Jointress; nature of her estate, I. 210, 211. cannot alien or bar an estate tail limited to her as jointure, 211. has privileges of tenant for life, ib. cannot commit waste, except to supply a deficiency, ib. 212. not entitled to crops sown at her husband's death, 212. for her estate is not a continuance of her husband's, ib. shall contribute to pay off incumbrances created prior to the mar not subject to crown debts, ib. nor to incumbrances created by the husband alone subsequent to the cannot levy a fine of her jointure, V. 240. whatever estate she creates by fine is void, as against the heir, 510. cannot bar her estate by recovery, V. 447. See Recovery. may join with her husband in levying fine, or suffering recovery of right of entry on non-payment, III. 329, JOINTURE-continued. Considered in equity as a purchaser for valuable consideration, I. 214. though the settlement be unequal, 232. and is therefore relieved by equity against a prior voluntary con- and against a satisfied outstanding term, ib. Effect of a covenant with, that the lands are of a certain value, 217, not bound by neglect during coverture, 216. will not be compelled to produce or deliver up title deeds: Excep- sometimes allowed interest for arrears, 218. may redeem a mortgage, II. 127.. JOURNALS of the House of Lords, not records, III. 160. ISLE OF ELY, fines may be levied in the Bishop's Court, V. 102. ISSUE, for the effect of this word in creating particular estates, see Deed, JUDGES of the Courts at Westminster may be removed by an address to JUDGMENT, binds lands from first, viz. essoign day of the term in which acknow- except against bonâ fide purchasers, when, 51, 52. binds leaseholds and chattels only from delivery of writ to sheriff, 62, must be docketed, within what time, and how, 52. docketed after the time mentioned in the act, are ineffectual, ib. purchaser not paying full value of the estate, and having notice of a purchaser is bound by notice of a judgment not docketed, ib. if in Yorkshire, Hull, or Middlesex, must be registered, 54, 55. but only binds trust estates whereof the trustee of the debtor is seised at alienation without notice will not avoid it, II. 58. but alienation prior to the acknowledgment of a judgment, though only must be revived by scire facias after a year and a day, ib. judgment creditor has no right to the land, 203, 204. judgments not notice to purchasers, 229, 230. under a statute or recognizance. See Estate by Statute, &c. JUDICIAL OFFICES, what estate may be had in them, III. 117. JURISDICTION. See Courts Baron, Feudal Jurisdiction. JUS ACCRESCENDI, between joint tenants of freehold or trust estates, and terms for years, præfertur oneribus, 444. præfurtur ultimæ voluntati, 452. JUSTICES OF ASSIZE, have a right to appoint their clerks, III. 110. may take acknowledgments of fines without a writ of dedimus potesta- K. KINDRED, a good description in a devise, VI. 188. KING, is the chief lord, I. 46. all lands presumed to be held immediately of him where no mediate lord appears, ib. bound by statute de donis, 95. debts to. See Debts. seisin of in his demesne as of fee, 64. is within stat, de donis, 83. may extend lands entailed for a specialty debt, 95. may by prerogative transmit a chattel to his successors, 242. no laches can be imputed to him, 264, 265. cannot be a copyholder, 362. cannot be used to any use but his own, 365, 376, 377. may be a cestui que use, 381. may be a trustee, 437. gold and silver mines belong to him, 54. cannot be a joint tenant, II. 448. forest lands in his hands, or in those of his lessee, not titheable, III. 52. cannot erect any new office with fees without consent of parliament, 110. may terminate an abeyance of a dignity, 221. may hold a rent reserved out of an incorporeal hereditament, 317. can only take and grant by matter of record, IV. 13. cannot convey by bargain and sale, 108.-by covenant to stand seised, 117. or by lease and release, 125. takes a fee simple without the word heirs, 296. every act of parliament relating to him is a public act, V. 3. may levy a fine, 114. bound by the statute de donis, 170. may bar an entail by fine, ib. not barred by a fine to which he is not a party, 232. cannot suffer a recovery, 377. is within the statute 32 Hen. 8. c. 28. s. 6., 454. reversions and remainders vested in him not barrable by recovery, IV. 373. V. 464. may devise land, VI. 13. KING'S GRANT, nature of, V. 35. charters and letters patent, ib. when need no delivery, ib. of franchises, when sufficient, 36. of fairs, markets, parks, warrens, &c. ib. of offices, ib. II. 110. of crown lands, V. 36. of his private property, 39 and 40 G. 3, c. 88., 42. |