POSSESSION-continued.

not now regained by,

mere entry, 489.

or continual claim, ib.

must now be divested out of the holder and revested in the claimant,
and the acts of the latter, besides the mere entry, must have that
effect, 490.

cannot be restored to claimant after twenty years by any act of his
own, and he is then a mere trespasser, ib.

may be resumed by him before the expiration of that time, and he
may acquire a new right thereon, ib.

judgment by default in ejectment does not give, 491.

commencing by erection of a fence is restored by entry, removal of
the fence, and erection of a post, ib.

preserved by the owner's occasional residence with the possessor, ib.
not revested, for any purpose, in coparceners, joint tenants, or tenants
in common by the entry of some, 492.

of gavelkind lands is not revested by such an entry, ib.

not revested in such persons, whether the possession be of the entirety
of a portion, or of the whole property, ib.

when in one of such persons or without a lease, ib.

by relations of the heir, not now his, ib.

for any purpose, 493.

by a person giving acknowledgment under sect. 14 of 3 & 4 Will. 4,
c. 27, that of the person entitled ib.

united to the title by that section, ib.

of constructive trustee, when a bar to the cestui que trust, 498.

purchaser of trust property for value without notice with legal
estate, for less than twenty years, 499.

mortgagee when taken, and when not taken, in that character,
effect of sect. 28 of 3 & 4 Will. 4, c. 27..519, 520.

benefice presentative, when acquired and complete, 521.

complete for 3 & 4 Will. 4, c. 27, after induction, 522.

of a benefice collative, ib.

as to next presentation only, ib.

protected in equity, but afterwards declared fraudulent, not permitted
to be used whilst so protected, 540.

of chattels real of feme coverte, in whom, 552.

for more than twenty, but less than sixty, years against the Crown,
will not sustain ejectment by the possessor, when, 567.

for less than twenty years a defence to ejectment by such possessor,

ib.

of twenty years against the Crown, good until judgment of intrusion,
ib.

nature of, after title extinguished under sect. 34 of 3 & 4 Will. 4,
c. 27..572.

may be waived until the extinguishment, 580.

of a mortgagee appearing, in a suit for redemption, to have com-
menced above twenty years before, renders the bill demurrable, 636.
effect of, by joint owners, altered, 715.

its importance, 727.

as evidence of title, 728.

is a title to recover upon, ib.

prima facie, evidences the mere right, ib.

except as to tithes, ib.

title by, between vendor and purchaser, 729.
purchaser must take a title by, ib.

of tenant for life, when not that of ancestor of remainderman, 736.

POSSESSOR,

benefits of possession to, of things corporeal, 125, 126.

as to his remedies, 127-129.
of things incorporeal, 129-131.
on being sued, the onus probandi is shifted to his adversary, 133.

POWER OF LEASING,

does not authorize a lease of the right of shooting separate from the
land, when, 363.

PREROGATIVE,

is the same as regards the property of the Sovereign and that of the
public, 34.

in England partly by the common law and partly by statute, ib.
its object, and to what applied in England, 7 et seq.

matter of policy, 10.

removes doubt, ib.

preserves peace by quieting possession, ib.

fixing property, 15.

preventing forgery, ib.

strengthening titles, ib., et seq.

advantages and application of, in England, 28 et seq.

policy and effect of, 20.

morality of, as a defence, ib., 133, White v. Prickett, Arn. Rep. 61,

62; 4 Bing. N. C. 237, 240, S. C.

its operation in general, in the Roman law, 23.

has a twofold aspect, 24.

effect in the Roman law, ib.

in Scotland founded on that law, 25.

in England of two kinds, affirmative and negative, 26, 50.

difference between negative and presumption, 728.

affirmative and negative sometimes used to distinguish prescription

from limitation, 27.

PRESCRIPTION― continued.
at common law,

consequence of, 54.

anomalies of, 55.

the consequences of the anomalies of, 56.
alterations in, 57.

preliminaries and the statutes affecting the alterations, ib., 58.
character of the alterations, 67.

what, 134.

is 1. prescription proper, ib.

2. custom, ib.

differences between them, 135.

cannot give title to the same thing, ib.
inseparable incidents to, 136.

effect of the incident of time to, ib.

user the primary evidence of, 222.

length of the user, 223, 225.

whether supported by evidence of reputation, 224.

extent of, to be proved, 225.

title by, not lost by non-user alone, 227.

lost by non-user coupled with intention to aban-
don the right, ib.

modification of, as to certain matters, 232, 233.
distinguished from time of limitation, 234.

1. proper,

requisites of, 137.

involving uncertainty, but reducible to certainty, 138.

restrictions for its validity, 139.

origin must be lawful, ib.

validity determined by that of presupposed grant, 140.

also extent, 141.

allowed only to supply lost grant, 140.

determined by validity of such grant, when, ib.

as to its commencement, compared to the river Nile, per Bridg-
man, C. J., Sid. 203.

who may claim by,

natural persons, corporations, 142.

not classes of persons unincorporated, ib.

indefinite class of persons for a privilege, ib.

not inhabitants for an easement in alieno solo, 144.

overseers and churchwardens, ib.

a subject may against the Crown, ib.

spiritual persons, 145.

lay persons for things spiritual, ib.

when by a non-resident for a pew, ib.

how to prescribe, ib., 146.

what may be claimed by,

things incorporeal, and some things corporeal and personal,

PRESCRIPTION-continued.

at common law-continued.
1. proper-continued.

warren. See WARREN.
chancel, aisle, pew, 145, 151.
right of sepulture, ib.

separalem pasturam, solam vesturam terræ, ib.
common causa vicinagii, 152.

sheep walk, 154.

mode of holding lands, or of enjoying profits à prendre, ib.
fisheries, ib.

for a several fishery involved in the soil, whether good, 191.
manner of holding lands, 202.

portion of tithes, ib.

tithes appurtenant to a manor, ib.

the exclusive use of land as a mere easement, 206.

things claimable as adjuncts only, 203.

things not claimable by, ib.

against statute law, ib.

exceptions, ib.

natural watercourse, a peerage, corporeal hereditaments, ib.
exception, 205.

things not grantable, 206.

franchises and liberties not seiseable as forfeited, ib.

rights which cannot be made appurtenant and claimable by
conveyance only, ib.

2. custom. See CUSTOM.

PRESCRIPTION ACT,

when passed, 58.

the occasion of it, 59.

is a Statute of Limitations, 61.

affects the evidence of the right and not the right itself, 153.

difference between the language of, and that of 2 & 3 Will. 4, c. 100..

363.

effect of, on the rights to which it is applied, 431.

difficulties in giving effect to, 700.

general interpretation, and the policy of, ib.

applicable to what rights, 701.

effect of, on,

old rights, ib., 702.

the nature of the right, ib.

the proof of long enjoyment, 703.

the retroactive operation of, ib., 704.

PRESENTATION,

differs from collation, 421.

by the Crown on promotion of incumbent to a bishopric, 422.

one of two joint owners, effect of, 283.

coparceners, how counted, 359.

PRESUMPTION,

of grant of tithes to the owner of the land, when, 48.

as to possession, 100.

in favour of possession, 121.

of deeds and other matters from possession, ib.

extent of, to support possession, 123.

when made of acts of parliament, 124.

none contrary to evidence, when, ib.

of property from possession, 125.

when and when not rebuttable, and by whom, 126, 226.

PRESUMPTION-continued.

that a ferry is legal, grounds for, 129.

of jus piscationis being and not being incident to the ownership of
the soil, 171.

of a faculty from user of a pew, 223.

arising from working of mines, ib.

of immemorial existence of prescriptive rights from user, may be re-
butted, 226.

that an office was derived from the Crown, 241, 242.

when to be made against the Crown, 244.

of authority by a mortgagee to a mortgagor, 303, 308.
from non-user, not applied to mines unopened, 318.
of grant by the Crown, when, 366, 413, 414.

not made against the Crown, when, 567.

of surrender of life estate, when made, 454.

of death, is of the fact and not the time, when, 462.

arising from length of possession ceases after acknowledgment, 488.

in favour of innocence and against imputation of fraud by length of
time, 503.

of lost instruments, practical effect of, 644.

difference between, and negative prescription, 728.

PRINCE OF WALES,

in law, one person with the Sovereign, 251, 252. See WALES.
PRINCIPAL,

when his acknowledgment binds surety, 601.

PRINCIPAL AND ADJUNCT,

between things corporeal and things incorporeal, 192, 371, 372.
as applied to a several fishery, 193, 195.

PRINCIPAL MONEY,

by whom payable under sect. 40, 3 & 4 Will. 4, c. 27..529, 530.
PRIVATE RIVERS,