tractor, &c.

three, and of the act of the sixteenth and seventeenth years of tions in favour of the reign of her present Majesty, chapter one hundred and thirteen, another consection twenty, when there shall be two or more co-contractors or co-debtors, whether bound or liable jointly only or jointly and severally, or executors or administrators of any contractor, no such co-contractor or co-debtor, executor, or administrator shall lose the benefit of the said enactments or any of them, so as to be chargeable in respect or by reason only of payment of any principal, interest, or other money, by any other or others of such co-contractors or co-debtors, executors, or administrators.

INDEX.

ABATEMENT,

what, 448.

ABATEMENT OF ACTION,

may suspend the time of limitation, 538.

ABSENCE BEYOND SEAS,

extends time of limitation, when, 440.

what not within 3 & 4 Will. 4, c. 27..550.

effect of sect. 19 of that act as to, ib.

as a disability in earlier statutes of limitation not now available, 559.
not a disability in 2 & 3 Will. 4, cc. 71, 100.563.

of a specialty debtor, when giving acknowledgment, effect of, 616.

ACCOUNTS,

by a mortgagee, whether a sufficient acknowledgment of title to re-
deem, 620.

ACKNOWLEDGMENT,
is express, or implied, 583.

when must be express, and when may be either express or implied,
590, 596.

evidence of, ib.

by account stated, the account must be with the creditor or his

him or his agent, 592.

the reason for this difference, ib., 593.

only the person in possession or receipt of profits of land, or
receipt of rent, 593.

ACKNOWLEDGMENT-continued.

by whom-continued.

1. only one person-continued.

but may be signed by another, when, 593.
a mortgagee or his agent, 594, 595.

whether and when a receiver, ib.

person by whom money is payable, or his agent, 595, 596.
equitable owner of lands subject to trusts for indemnity, 596.
for share of an intestate's estate, ib.

for arrears of rent, interest, legacies, damages for such arrears,
597, 598.

need not be personally liable, 598.
when not a stranger, ib., 599, 600.

whether a person under disability, 598.

a specialty debtor or his agent, 599.

in case of implied acknowledgments, when by a person or his
agent, and not a stranger, ib., 600.

the same person to whom made, 600.

2. one of several persons,

principal, as against surety, 601.

joint contractors or co-debtors, ib., 602, 603.

claiming under a common title,

coparceners and others,
mortgagors,

mortgagees, 603.

owners of divers lands subject to a common charge, 604, 605.

made to an agent is made to the creditor, when, ib.

when a third person, 618.

when need not be named, ib.

evidence showing, ib.

one of several coparceners, joint tenants or tenants in common, not

as agent for the others, 619.

mortgagor himself only, ib.

husband, before or after wife's death, 620.

person entitled to share of intestate's estate or arrears of rent,

interest, &c., or agent, ib., 621.

husband for such arrears after wife's death, ib.

a person constructively, ib.

ACKNOWLEDGMENT-continued.

to whom-continued.

persons under disability, 621.

a tenant for life is available for remainderman, 622.

by and to agents,

when, 623, 624.

under 3 & 4 Will. 4, c. 27,

master in chancery, 629.

cestui que trust, ib.

a joint owner, ib.

a person at the request of another, 630.
doweress, ib.

assignee of a mortgagor, ib.

treasurer of a company, ib.

receiver, ib.

one and the same person, 631.

when to be made,

varies with the subject, 631.

before the time of limitation expires, for-

land and rent, 632.

an equity of redemption, 634, 635.

charges on land or rent, 636, 637.

either before or after that time expires, for-

equity of redemption, before 3 & 4 Will. 4, c. 27..632, 633.
charges on advowsons, 638.

legacies not charged on land, ib.

intestate's personal estate not being chattels real, ib.

arrears of rent and of interest, ib.

damages for such arrears, ib.

claims by specialty, ib.

time when made,

the date, 639.

may be shown by extrinsic evidence when not dated, ib., 640.
may be the delivery, long after dated, 640.

by whom determined,

either the court or the jury, 654.

when by the court, 654-656.

when by the jury, 656.

what sufficient within the Statutes of Limitation,

1. express,

no specific form necessary, 658.

may be by letter, deed, affidavit, will, ib.
correspondence, 659, 667.

devise for payment of debts, 539.

not a bequest for that purpose, ib.

under sect. 14, 3 & 4 Will. 4, c. 27,

must be of the claimant's title, 667.

of an existing title, and refer to it, ib., 668.

none, if right denied, 660.

of pecuniary claim, need not state the amount, ib.

answer in chancery, ib.

schedule of insolvent debtor, ib., 661.

when to be repeated, 661.

of arrears of rent is of the title to the land, ib.

when by payment of rent the payment must be in respect of

the land claimed, ib.

receipt of rents by an equitable mortgagee, 662.

when unnecessary under that section, ib.

of a right of redemption before that act, 632, 633.