PRESCRIPTION-continued. How it may be now alleged, 21. Profit in alieno solo may be claimed by, 31. Inhabitants cannot claim by, ib. Right by, cannot be claimed to the exclusion of owner of property, ib. Only incorporeal rights can be claimed by, 33. Tolls may be claimed by, 33, 34. Title to land cannot be claimed by, 37. Against a statute bad, ib. How limited by statute 32 Hen. 8, c. 2..37. Rights by, how lost, ib. Against the king, where, 38. Proof in cases of, 23, 25. For commonable rights, 39. Right of way claimed by, 74. PRESUMPTION, Restricted in claims under Prescription Act, 25. Of grants of incorporeal rights, on what founded, 56. Of grants of ways, 73. From the crown, 148. Will not to be revoked by, 517. PRESUMPTION OF DEATH, Where party has not been heard of for seven years, 201. Where two or more persons die in same accident, 203. PRESUMPTION OF PAYMENT, Of mortgage by twenty years' non-payment of principal or interest, 259. Liable to be rebutted, ib. Of judgments, ib. Liable to be rebutted, ib. Of legacies, 261. Of bonds, 282. PROBATE (COURT OF), Order of, does not charge land, 566. PROFITS A PRENDRE, Difference in period of limitation as to, and easements, 2. Proof of enjoyment, 3, 4. See COMMON-PRESCRIPTION. PROMISSORY NOTES, Belonging to judgment debtor may be taken under fi. fa., 563. PROTECTOR OF THE SETTLEMENT, The owner of first existing estate prior to estate tail to be, 351. What prior estate sufficient, ib. Each of two or more owners of a prior estate to be, as to his share, 352. Married woman, where alone, to be, and when with her husband, ib. Estate confirmed to be deemed subsisting under the settlement, ib. PROTECTOR OF THE SETTLEMENT―continued. No tenant in dower, heir or executor, bare trustee, administrator or Trustee of executory settlement held to be settlor within act, 356. When person to make tenant to the præcipe shall be, ib. Question as to protectorship, ib. In case of reversion aliened before 31st Dec. 1833, the tenant to When bare trustee shall be, ib. How long bare trustee remains, 355. In case of lunatics, 357. Consent of, required to enable tenant in tail to create larger estate Power of sale not barred by consent of, to alienation by tenant in Must consent to enlargement of base fee, 359. Not to be subject to control in the exercise of his power of consent- Certain rules in equity not to apply to, 360. Consent of to be by deed, 364. To be either in same assurance or distinct deed, 366. Deed to be inrolled, ib. Not to revoke his consent, ib. If married woman is to consent as a feme sole, ib. Consent of, void unless inrolled with or before assurance, ib. Jurisdiction of equity excluded as to consent of, ib. Consent of Lord Chancellor or Court of Chancery how to be given, Cases as to exercise of power by Lord Chancellor, when, 368, 369. Of copyholds. Deed of consent of, to be entered on court rolls, 371. How to be taken when not by deed, ib. Equitable tenants in tail of, 373. Consent of protector by deed to be void unless executed on or before Memorandum to be indorsed and entered in court rolls, ib. Consent of, in bankruptcy, 377. See CHANCELLOR (LORD)-CHANCERY (COURT OF)-CONTENTS, PROVISION, For married women giving up their interest in land, rule of court as Cases respecting, 409. PUBLIC COMPANIES, Stock or shares of, may be charged by judge's order, 572. Order of judge to operate as distringas, 576. PUNISHMENT, Of vendor or mortgagor of property for fraudulent concealment of For damaging any fountain, pump, &c., 113. PURCHASE-MONEY, Receipts for, to be sufficient discharges, 497, 703. PURCHASER, Entitled to evidence of sixty years' title, 204. Compelled to take title depending on Statute of Limitations, 241. PURCHASER-continued. A voidable estate by tenant in tail, in favour of, confirmed by a sub- Created by a tenant in tail afterwards becoming bankrupt, con- Under deed first inrolled to be preferred, 388. Deed first entered on court rolls to be preferred, 373. "The purchaser," interpretation of, in the act for amending the law Provisions for the protection of, from judgments, 562, 589, 603. Legal estate, when vested in, when not to be taken in execution, Not bound to inquire as to powers conferred by 22 & 23 Vict. c. 35, Not bound to see to the application of purchase-money, ib. Protected against forfeiture under covenant for insurance against fire Q. QUARE IMPEDIT, Saved by new Limitation Act, 243. Proceedings in, to be commenced by writ of summons, ib. What must be proved in, 244. Evidence in, where coparceners, ib. Bishop cannot dispute patron's title in, 245. Costs may be recovered in actions of, ib. Periods limited by 3 & 4 Will. 4, c. 27, for bringing quare impedit, apply to bishop having patronage, 275. See ADVOWSON. REAL ACTIONS, Abolished after 31st December, 1834..242. Except dower, quare impedit and ejectment, 243. Might have been brought until 1st June, 1835..245. Within what time by persons whose right of entry is barred by Writ of formedon still lies, 246. RECEIPTS, For purchase or mortgage money to be good discharges, 497, 703. RECEIVER, Effect of appointment of, in reference to statute of limitations, 213. Appointment of, 704. To be deemed to be agent of mortgagor, ib. Powers of, to receive rents, &c., ib. May be removed, ib. To receive commission not exceeding 51. per cent., ib. To insure if required, ib. Application of monies by, ib. RECOVER, Meaning of word in 3 & 4 Will. 4, c. 27, s. 2..154. RECOVERIES (COMMON), Act for the abolition of, 315–420. Definition and origin of, 319, 321. Operation of, 322. Necessary parties to, for barring estates tail and remainders, ib. Effect of, suffered in C. P. of ancient demesne lands, 328. Not to be suffered after 31st December, 1833, unless writ was pre- What acts to be done by persons liable to suffer, under covenants, ib. Made valid, 332. Without amendment, when, ib. Cases where court refused to amend, ib. Where bargain and sale was not duly inrolled, ib. In certain cases where there was not a proper tenant to the Declared in certain other cases to be good in law, 338. May be enrolled in office of registrar of C. P., ib. Where not made valid by new act, 335. Provision as to custody of records of, 336. Of equitable interests, 333. What estate was required to make tenant to the præcipe in, 334. See ANCIENT DEMESNE. RECTORIES, Liable to be taken in execution for judgment debts, 560. REFUSAL, Vesting order may be made on trustee's, to convey or release, 659. The like in case of personal representative, 661. REGISTRATION, Of judgments in Middlesex requisite in order to gain priority, 567, REIMBURSEMENT OF TRUSTEES, Every trust instrument to be deemed to contain clauses for, 693. Of rent-charges, 686. Of part of land not to be an extinguishment, ib. Charged not to affect judgment, 687. REMAINDER, When right to, shall be deemed to accrue, 165. Within what time persons claiming in, might, before 3 & 4 Will. 4, c. 27, have pursued their rights, 170, 209. Person in, not having taken advantage of forfeiture, to have new When to have a new right of entry, 172. When right to, will be barred by wrongful receipt of rent, 187. Right of person in, when barred by wrongful receipt of rent by third When right to estate in possession is barred, the right of same per- Cases on construction of last provision, ib. REMAINDER-continued. When tenant in tail is barred, remainderman whom he might have RENT, When possession adverse to tenant in tail shall run on against per- Within what time persons in, might claim under 21 Jac. 1, c. 16, ib. 210. Power for tenant in tail to bar those in, under act for abolition of Tenant in tail in, can only bar his own issue without consent of the Contingent, may be aliened, 625. When protected against premature failure of a preceding estate, See PROTECTOR-REVERSIONER-TENANT IN TAIL. How affected by old statutes of limitations, 144. Interpretation of word in the act for the limitation of actions, 136. Reserved on leases for years, not included in new act, 153. Recoverable only within twenty years after the right of action first Time at which the right to, shall be deemed to have accrued, 165. In case of an estate in possession, ib. On dispossession, ib. On abatement or death, ib. On alienation, ib. In case of future estates, ib. In case of forfeiture or breach of condition, ib., 170. Effect of nonpayment of, 166, 168. Remainderman or reversioner to have new right, when, 172. Time at which the right to, shall be deemed to have accrued in case Tenant from year to year, 182. Where rent of 20s. per annum wrongfully received, no right to accrue Continual claim not to preserve right to, 191. Receipt of, by one coparcener, &c., not to be that of the others, ib. By younger brother not to be that of heir, 193. Saving in favour of persons under disabilities, 199. No action to be brought above forty years after right accrued, 204. 236. Definition of, 136. Different kinds of, 142. Distress for, given by statute, 143. Right of distress for, ib. Cannot issue out of incorporeal hereditament, 144. Arrears of, not to be recovered for more than six years after becoming due, or acknowledgment in writing, 262. Saving in favour of a subsequent incumbrancer, 263. Cases on construction of 42nd section of 3 & 4 Will. 4, c. 27..263- Account of, to what time carried in equity, 271. Effect of a recovery by a tenant in tail of a rent de novo, 340. |