Page images
PDF
EPUB

JUDGES-(continued).

upon the return of the writ of inquiry, or a trial of issue, judg-

ment to be signed, unless &c. 114.
sheriff, as to such issue, to have the like power as judges at

nisi prius, 115.
provisions of 1 W. 4, c. 7, to extend to such writs of inquiry and

issues, ib.
may direct local actions to be tried in any county, 116.
may make regulations for the taxation of costs, 121.

See AMENDMENT, ARBITRATION.

L.

LAND,

construction of, in the act for limitation of actions, 3.

abolition of fines and recoveries, 37,
amending the law of inheritance, 91.
amendingt he law relating to dow-

er, 103.

not recoverable but within twenty years after the right of action

accrued, 4.
time at which the right shall have been deemed to have ac-

crued-
in the case of estate in possession, 5.
on dispossession, ib.
on alienation, ib.
in case of future estates, ib.
in case of forfeiture for breach of condition, ib.
in the case of reversioner, 7.

tenant at will, 8.

tenancy from year to year, ib.
in cases of express trust, the right shall be deemed to have accru-

ed, when, 14.
where rent of 20s. per annum wrongfully received, no right to

accrue on the determination of the lease, 8.
mere entry not to preserve the right, 9. See DISABILITY.
no action to be brought after forty years from the right of action

accrued, 11.
LEGACY,

to be deemed satisfied, if no interest paid, or acknowledgment

in writing within twenty years, 22.
LIGHT, RIGHT OF,

after twenty years' enjoyment to be indefeasible, 27.

except enjoyed under deed or writing, 28.
the said period how to be reckoned, ib.
how to be pleaded, ib.
presumptions in respect to, 29.
proviso as to disabilities, ib.

LIMITATION,

of action relating to real property extends to the spiritual courts

24.
does not extend to Scotland, nor to advowsons in Ireland, ib.
Scotland, Ireland, and the adjacent islands not to be deemed be-

yond the seas, under, 12.
at the end of the period of, the right of the party out of possession

to be extinguished, 20.
LOCAL ACTIONS. See Judges.

M.
MONEY,

interpretation of, in the fines and recoveries' act, 38.
defendant to be allowed to pay money into court, in certain ac-

tions, by judge's order, 115.
charged on land by any mortgage, judgment, lien, or otherwise,

to be deemed satisfied if no interest paid, or acknow-

ledgment in writing within twenty years, 22.
MORTGAGOR,

to be barred at the end of twenty years from the time when the

mortgagee took possession, or from the last written ac-
knowledgment, 15.

N.
NAMES,

initials of, may be used in the affidavit to hold to bail, and in the

process or declaration, 112.

P.
PAYMENT INTO COURT, See Money.
PERSON,

interpretation of, in the act for the limitation of actions, 4.

in the act for abolition of fines and recoveries, 38.
“ PERSON LAST ENTITLED,”

interpretation of, in the act for amending the law of inheritance, 96.
PLEA,

in abatement for non-joinder of a co-defendant, restriction as to,

111.
as to plaintiff's reply to plea in abatement for non-joinder, ib.
provision in the case of subsequent proceedings against the per-

sons named in a plea in abatement, ib.

misnomer not to be pleaded in abatement, 112.
PLEADINGS,

power given to the judge to make alterations in the mode of

pleading in the superior courts, &c. 107.

POSSESSION,

mere entry not deemed to be, 9.
of one co-parcener, &c., not possession of the others, ib.
of a younger brother, not the possession of the heir, ib. See Ac-

KNOWLEDGMENT.

not adverse at the time of passing the act for the limitation of

actions, right not to be barred till the end of five years

after, 10.
adverse to a tenant in tail shall run on against remainder-

men whom hemight have barred, 12.
PRESCRIPTION, ACT FOR LIMITING, as to rights of common, &c.

does not extend to Scotland or Ireland, 30.
commences, when, ib.

PROFITS à prendre. See Common, PRESCRIPTION.

PROTECTOR,

of the settlement, who shall be, 51.
when there are several owners of a prior estate, 53.
married woman alone, or jointly with her husband, when, 54.
lessee at rent shall not be, when, ib.
tenant in dower, heir, executor, &c., shall not be, when, ib.
when tenant in dower, &c., excluded, who shall be, ib.
the person to make the tenant to the præcipe shall be, when,

55.
bare trustee shall be, when, ib.
may be appointed by settlor, 56.
in cases of lunacy, Lord Chancellor shall be, 57.

felony, &c., court of Chancery, ib.
consent of, necessary to enable actual tenant in tail to create

larger estate than base fee, 58.
his consent necessary to the disposition of a base fee, ib.
shall be subject to no control in exercising his power of con-

sent, ib.

as between protector and tenant in tail, certain rules of equity

not to apply, 59.
consent by, may be either by the same or a distinct deed, 61.

not revocable, 62.
married woman being protector, may consent as if she were

sole, ib.
consent by distinct deed must be inrolled, ib.

of Lord Chancellor, &c., how to be obtained, 63.
order of Lord Chancellor to be evidence of his consent, 64.
as to consent of protector of settlement of copyholds, 65.

PURCHASER,

a voidable estate by tenant in tail, in favour of, confirmed by
a subsequent disposition, when, 59

..
created by a tenant in tail afterwards becoming bank-

rupt, confirmed, how, 71.
“the purchaser,” interpretation of, in the act for amendment of

the law of inheritance, 95.

R.

RECOVERY,

not to be suffered after 31st Dec. 1833, 39.

made valid without amendment, when, 44.
where the bargain and sale not duly inrolled, when, 45.
where there was not a proper tenant to the writ of entry, when, ib.

certain cases when not made valid, ib.
RENT,

interpretation of, in the act for the limitation of actions, 4.
recoverable only within twenty years after the right of action ac-

crued, ib.
time at which the right shall have been deemed to have ac-

crued—in the case of estate in possession, 5.
on dispossession, ib.
on alienation, ib.
in case of future estates, ib.
in case of forfeiture or breach of condition, 6.
in the case of reversion, 7.
in case of tenant at will, 8.

in case of tenancy from year to
in cases of express trust, the right shall be deemed to have ac-

crued, when, 14.
where rent of 20s. per annum wrongfully received, no right to ac-

crue on the determination of the lease, ib.
mere entry not to preserve the right, 9. See DisabiLITY.
no action to be brought after forty years from the right of action

accrued, 11.
not to be recovered by ecclesiastical or eleemosynary corporations

sole, but within two incumbencies and six years, or sixty

year, ib.

years, 17.

receipt of, to be deemed receipt of profits, 21.
arrears of, not to be recoverable for more than six years, 23.
except by a subsequent mortgagee or incumbrancer, when, 24.

REVERSIONER. See Law, Rent.

S.
SETTLEMENT,

interpretation of, in the fines and recoveries act, 38.

L

SHERIFF. See Writ, Judges.

to name deputies to be resident in London for the receipt of

writs, &c. 115.
SPECIAL CASE,

parties by consent, and by a judge's order, may, after issue, ha

a special case, 118.
SPECIALTIES,

time within which actions must be brought thereon, 109.
provision in case of disabilities, ib.
effect of an acknowledgment in writing, or part payment of prin-

cipal or interest, 110.
limitation after judgment or outlawry reversed, ib.

T.
TENANT IN TAIL,

being barred, remaindermen, whom he might have barred, shall
not recover,

12.
where there shall have been possession under an assurance by a

tenant in tail, which shall not bar remainders, they shall
be barred at the end of twenty years after the time when
the assurance, if then executed, would have barred them,

13.
interpretation of, in the fines and recoveries act, 38.
“ actual tenant in tail," interpretation of, in same act, ib.

entitled to a base fee, interpretation of, ib.
tenant in tail may make a disposition by deed as if seised in fee,

but not by will or contract, 61.

every assurance by, must be inrolled, ib.
TITHES,

what prescriptions and claims of modus decimandi shall be valid,

31.
what composition for, shall be considered valid, 33.

V.
VENUE

in local actions, See JUDGES.

[ocr errors]

WAGER OF LAW,

abolished, 112.
WAY, OR OTHER EASEMENT,

right of, after twenty years' enjoyment not to to be defeated by

shewing the commencement, 60.
after forty years, the right to be absolute, ib.

except enjoyed under deed or writing, ib.
the said periods, how to be reckoned, 28.

« PreviousContinue »