CESTUI QUE TRUST-continued. whether as yearly tenant, under sect. 8, he can acquire a title against under express trust, when his right first accrues, 496. his right to a charge on land secured by trust not affected by convey- the right of, to a charge on land accrues when entitled in possession, ib. his right against express trustee not affected, whilst the trust continues, when barred through his trustee, 500. trustee personally liable to, after conveyance of trust property, ib. but within a reasonable time, 501. his right in case of concealed fraud not affected by time, 502, 503. may be agent for his trustees when, 629. See POSSESSION. CHANNEL ISLANDS, laws of limitation for England and Ireland, not applied to, 237, 238. absence in, not a disability, 551. CHARGE ON LAND, barred when the title to the land is barred, 352. interests in land within sects. 1 and 24 of 3 & 4 Will. 4, c. 27..496. right to under that section accrues on the conveyance of the charge, ib. not affected by conveyance of the land by the owner, ib. CHARGES ON RENT, not within sects. 1 and 24 of 3 & 4 Will. 4, c. 27..496. CHARITY, is a trust, 267. CHARITY LANDS, arrears of rent of, for how long recoverable, 443. CHARITY TRUSTEES, until 3 & 4 Will. 4, c. 27, not affected by any statute of limitation, 264, 265. effect of long enjoyment against, where the trust was obscure, ib. and of dispositions of the property by, 266. now within that statute, 267. whether within sect. 3 of 2 & 3 Will. 4, c. 71..268. "CHATTELS," means chattels real only, in sect. 6 of 3 & 4 Will. 4, c. 27..469. CHATTELS REAL, future interests in, 455. right to accruing when persons not in existence, 464. administrator to maintain trespass for, must acquire actual possession CHATTELS REAL-continued. sole next of kin when entitled to before administration, 466. right to, not extinguished when the person against whom, and the per- of wife surviving her husband, time of limitation for, not extended by he alone in her right possessed of, ib. CHURCHWARDENS, cannot prescribe, 144. within 3 & 4 Will. 4, c. 27, as trustees, 263. CLASS OF PERSONS, who, within sect. 1 of 3 & 4 Will. 4, c. 27..263. CLERGY, nullum tempus maxim applied to, 43. successors not affected by possession, or alienation, ib. how affected by Statute of Fines, 44. old Statute of Limitations, 32 Hen. 8..45. acts restraining alienations by, 46. effect of, 47. prescriptive rights against, ib., 48. maxim nullum tempus, now modified, 360. land and rent of, placed on the same footing as that of the laity, ib. COLLATION, differs from presentation, 421. when made, and its effect, ib., 422. on lapse, effect of before and since 3 & 4 Will. 4, c. 27..422. to a benefice, an ambiguous act, 421, 422, 522. COMMISSION OF LUNACY, unsoundness of mind to support, 549. COMMON CAUSA VICINA GII, what, 152, 363. commoners on both sides, not necessary, ib. when claimable by prescription, ib. principle of the claim, 153. when claim not sustainable, ib. determinable by inclosure, 154. not an easement, but a mere excuse for a trespass, 217. when claimable by custom, and when by prescription, 218. not an interest in alieno solo, 220. not within the Prescription Act, 363. COMMON FISHERY, distinct from common of fishery, 200. a free fishery, 201. originally in the Crown, but by common law in the public, ib. not claimable by prescription, ib. nor in non-navigable rivers, ib. nor in lakes when private property, ib. not conferred by a public right of way on banks of private river, ib. COMMON OF FISHERY, a species of common, 198. definition of, 199. differs from common of pasture, 200. COMPOSITIONS FOR TITHES. See TITHES. COMPROMISE, circumstances constituting a concealed fraud in a, 505. COMPUTATION OF TIME OF LIMITATION, at common law, in writs of right before the Statute of Merton, 51. effect of and alterations in the mode of, 52, 53. for the crown, 407, 408. Duke of Cornwall, 415. subject. See RIGHT OF ENTRY, ACTION OR SUIT-PRE- arrears of dower, rent and interest and damages for, 529. where interest is and is not presently payable, 530. interest on judgments, ib. from when- on redemption of mortgages, 518. for advowsons, ib. of papist patrons, 522, 523. profits and other rights under Prescription Act, 523. with reference to disabilities, 546. difference in, between 3 & 4 Will. 4, c. 27, and c. 42, ib., 547. CONCEALED FRAUD, doctrine of equity as to, adopted in sect. 26 of 3 & 4 Will. 4, c. 27.. cases of, within that section, 505. case not within it, 506. whether withholding information which the person withholding ought to communicate be, ib. reasonable diligence in discovering what is, 506, 507. effect of that section as to claimants in cases of, 509. as to property not within that section, 510. old doctrine of equity as to, concerning such property applicable, ib. no distinction at law as to accruer of right on concealed or any other CONCEALMENT, different natures of, 505. of lease, by the lessee, not a concealed fraud within sect. 26 of 3 & 4 for whom available, ib. CONSENT, under 2 & 3 Will. 4, cc. 71, 100, for what and how to be given, 591. CONSTRUCTIVE FRAUD, when right accrues on, 509, 510. CONSTRUCTIVE TRUSTS, rights under, not within sect. 25 of 3 & 4 Will. 4, c. 27..498. relief in cases of receipt and conversion of trust property is not founded CONTINUAL CLAIM, does not now regain possession, 489. CONTRACT, time after which it cannot be enforced, not of its nature, 18. But see for suspension of time of limitation, when not available at law, 541. CONVERSION, of lands in mortgage as assets of the mortgagee, by revival of the equity CONVEYANCE, taken from a lunatic and concealed, a concealed fraud within sect. 26 COPARCENERS, presentations by, how counted, 359. disability of one, does not extend time of limitation for the others, acknowledgment, by one, does not affect the others, 603. to one, when not available for the others, 619. CORPORATE OFFICES, time of limitation applied to, 38. CORPORATIONS, may claim by prescription proper, 142. indefinite class of persons taking grant from the Crown are incor- by custom to purchase lands, 144. may claim their creation by prescription, 150. kinds of, as to persons and objects, 259. eleemosynary not spiritual because of the head of it is, ib. when lay when spiritual, ib., 260. when and when not included in the term "person," 260, 261, 262, successor of certain, not affected by time against predecessor, 419. commencement of time of limitation for advowsons of, 521. against a predecessor of, ib. how agent of to be appointed. See AGENT. may be bound by the adoption of his acts, when, 626. COSTS, recoverable where damages are, when, 360. claimant may be deprived of, by laches, 515. COURTS OF EQUITY, exclusive and concurrent jurisdiction of, 496. jurisdiction of, saved in cases of acquiescence, although right not are passive as to rights long neglected, 513. why, 514. not bound, in cases of mistake, by sect. 26 of 3 & 4 Will. 4, c. 27.. but may adopt it as a guide, ib. when they will suspend the time of limitation, 539, 540. and on what ground, 540. when they will not protect possession, ib. COURTS OF EQUITY-continued. when they will give a remedy equivalent to one lost by their interposi- when, before 3 & 4 Will. 4, c. 27, they acted by analogy, and when in COVERTURE, disability of, 552, 555. effect of, as to chattels real of wife surviving her husband, 552. CROWN, THE, nature of the royal person, 239, 250. how lands vest in, and held by, 240. private property of, ib., 241. power of disposition of, ib., 247, 248. restrained from alienating its possessions, ib., 316. possessions of, what, ib. what within the Statutes of Limitation for, 317. affected by statutes as to certain prescriptive rights, 248. not as to some such in Ireland, ib. whether affected by 3 & 4 Will. 4, c. 27, ib. general principle as to being bound by statutes, ib., 249. grounds for its being and not being affected by that statute, 250. effect of disposition of possessions of the Duchy of Cornwall by, 258. meaning of being dispossessed, 87. position at common law of possessor against, 88. title of, how to be tried in information of intrusion, 89. position of, since, 90. disregard how possession acquired, 94. position of a grantee of, ib. presumption of grants from, ib., 168, 366, 413, 414. to support possession, 122. when not, 124, 567. none where alienation restrained, 96, 567. for, against its own grant, 95, 96. length of time to raise presumption of grant by, ib. prerogatives of, extend to Duchies of Lancaster and Cornwall, ib., 97. liberties and franchises of, excepted where, 98, 327. grant by, to an indefinite class of persons incorporates them, 143. may claim by prescription against a subject, 145, 324. have the benefit of the same laws, ib. cannot grant a several fishery, or a weir as an incident to it, since may be presumed, from enjoyment, to have granted it before, ib. cannot regrant such a fishery reverting to, and merging since, ib. ownership of the soil of such a fishery may continue in, when derived may have a several fishery in gross in a navigable river, without the grant by, when it does not pass such a fishery, ib. effect of grant of water by, 189. original owner of common fisheries, 201. presumption of office being derived from, 241, 242. against, when to be made, 244. when not, 566, 567, 568. |