MORTGAGOR-continued. entitled, until foreclosure, to present to advowson, 425. his remedy after presentation by the mortgagee, and within what not to be tenant at will to his mortgagee within sect. 7 of 3 & 4 Will. principal and interest payable by, under sects. 40, 42, 3 & 4 Will. 4, his time for redeeming may be extended, and how, 545. several bound by acknowledgment of one, when, 603, 604. MORTGAGOR AND MORTGAGEE, relation of, described, 301. altered by 3 & 4 Will. 4, c. 27..308. as to advowsons in gross only, or with lands, 311. NETS, right of landing, when incident to a fishery, 161. exercise of the right as evidence of the ownership of the soil, 162. right to fix, to stakes in the sea shore, does not necessarily involve any NEXT OF KIN, sole, when entitled to chattels real, by relation, before grant of admi- NEXT PRESENTATION, of the Crown, when not barred, 324. a chattel interest, 358, 359, 424. period of limitation for, and how regulated, 424. when lost, ib. NON-CLAIM, now no acquisition of title by, for only five years, 52. NON COMPOS MENTIS, the generic state, and includes idiotcy and lunacy, 547. sometimes less comprehensive than fatuus et idiota, ib. NON-USER, of prescriptive rights, effect of, 227, 228. coupled with intention of abandonment, ib. of public rights, ib. as evidence to support a plea of a non-existing release, 230. period of, ib. as regards different rights, ib. profits à prendre, and easements, 231. since 2 & 3 Will. 4, c. 71, ib. does not exclude right to work unopened mines, 318, 335. NOTICE, want of, in constructive fraud, during part of the time of limitation, NULLUM TEMPUS. See PREROGATIVE, CLERGY, CROWN. OFFICE, what not claimable by prescription, 140, 150. derivation of, from the Crown presumed, when, 241, 242. ONUS PROBANDI, upon the plaintiff in a possessory action, 29. when thrown on the Crown, 91, 92. claimant against the possessor, 131, 133. when shifted by possession, ib., 132. OVERSEERS, cannot prescribe, 144. OWNERS OF DIVERS LANDS, when all bound by the acknowledgment of one, 604, 605. OWNERS OF FISHINGS, community of interest and property of conterminous, 157. OYSTER BEDS, part of the soil, 185. effect of grant of, 189. in Scotland, 202. OYSTERS, privilege of laying, keeping and taking, distinct from or united with fishery of, not distinguished from mussel fishery, when, 185. See PARTNERS, surviving, when they may plead the Statute of Limitations, 541. PATRON, acquires no new right on acknowledgment given after adverse pos- PAYMENT, acknowledgment by, has same effect under 1 Vict. c. 28, as one in PER MY ET PER TOUT, the meaning of joint tenants so holding, immaterial now, 492. effect of, altered, 715. PERPETUAL CURACY. See PERPETUAL CURATE. PERPETUAL CURATE, what, origin and classes of. See ADVOWSON. lease by, when void, 101. how seised when curacy augmented by Queen Anne's Bounty, 101. of a person acknowledging right to a charge, not necessary, 598. must be at least two, each claiming adversely to the other, in relation under disability have an extension, or an exclusion of the time under, in special relations. See STATUTES of LIMITATION. what, as to some things, not within Statutes of Limitation, 314, 315. prescription. See PRESCRIPTION. custom. See CUSTOM. class of, taking a grant from the Crown are incorporated, 143. PEW, what, 130. possession of, ib. PEW-continued. remedy for disturbance of, 130, 131. by prescription, 151. may be prescribed for by a non-resident, 145. user of, as ground for presuming a faculty, 223. not strictly an easement, 369. a quasi easement, or easement operating as a licence, 370. does not confer the elective franchise, ib. inapplicable to equitable titles, 75. must be adverse to confer right, ib. "adverse," what, 76. adverse in the former sense, no longer necessary, ib. its character at the commencement continues, 77, Doe v. Baytup, 3 of land, includes things subjacent, ib. of part of them, when of the whole, 78. in fact, effect of, 79, 80. quasi, what, 81. how acquired, 83. advantages of, 84. difference of, as between Crown and subject, 85. subject and subject, ib. of Crown is in law and in deed, 86. how intended and how affected by entry, ib. meaning of Crown being deprived of, or dispossessed, 87. how possessor affected by Crown statutes, 89. what, of Crown lands, shifts the onus probandi, on the POSSESSION—continued. when does not, and does, give title against the Crown, 92. as to lands in Ireland, 93. against rightful owner gives title, ib. but must be continuous, 103. may be so acquired as to confer no title beyond itself, 103, 104, 105. importance of, 120. presumption in favour of, differs when to support and when to defeat a ground for presuming deeds, and other matters, 122. should be consistent with fact presumed, 123. extent of presumption to support, ib. general effect of, 124. by one of several cestuis que trust, inter se, in cases of express trust, of trust property without conveyance from the trustee, 293. mortgagor before 3 & 4 Will. 4, c. 27..303. as a bar to the mortgagee, ib., 304. mortgagee, 309. after becoming owner of the equity of redemption, 310. before and since 3 & 4 Will. 4, c. 27, of part of the property, none of a perpetual curacy without licence of the bishop, 354. length of, in determining the periods of limitation, 406, 407. of advowsons on presentation or collation during nonconformity of discontinuance of, within c. 27, what, 446. what not discontinuance of, ib. synonymous with receipt of profits in part of sect. 3 and in sect. 5 of |