RIGHT OF ENTRY, ACTION, OR SUIT-continued. against a trustee, and, through him, the cestui que trust, without on concealed fraud, 501. constructive fraud, 509, 510. no distinction in courts of law between concealed and any other in equity, when case not within any statute of limitations, arises, when for equitable waste, ib. compensation on election, ib. cases of mistake, ib. redemption of mortgages, 518. for redemption, when and when not barred by possession of mort- on Welsh mortgages, 521. for advowsons, ib. of Papist patrons, 522, 523. 3. for gross sums charged on land or rent by- mortgage, 524. where mortgagees give priority and income insufficient to judgment, ib. lien, 526. new, when conferred by judgment revived on sci. fa., ib. charged on reversions, ib. where person to and against whom right accrues is one and the in certain cases, under 3 & 4 Will. 4, c. 27, sect. 6 of that act when representation is imperfect, or wanting, 528. to persons in prison, or beyond seas, in certain cases, ib. 5. on acknowledgment, ib., 529. for a simple contract, may be asserted by the executors of a 560. whether within six years after his death, qu., ib. RIGHTS, how lost, 7. in case of land, &c. when extinguished, 31. claimed by prescription when made absolute, 32. what now extinct after time of limitation expired, ib., 33. how acquired by time and acquiescence, 58. in general not established by acquiescence, ib. presumption in favour of, ib. incorporeal divided into affirmative and negative, 82. incorporeal against the Duke of Cornwall, 99. prescriptive, strengthened, 118. when neither prescriptive nor customary, 136. of the public not affected by the acquisition by a subject from or against the Crown of a several fishery in the sea, 177. pleading and co-existence of prescriptive and customary, 207. not proved by the same evidence, 224. prescriptive, based on and preserved by user, 222. abandonment of prescriptive, a question of intention, 229. RIGHTS-continued. presumption of the immemorial existence of prescriptive, from user, prescriptive, when not lost, ib. not strictly profits nor mere easements, 365. long neglected, not enforced by courts of equity, 513, 514. when barred by Statutes of Limitation, 564-582. when remedy for, only barred, treated as existing, if bar not pleaded, 565. extinguishment of, by sect. 34, 3 & 4 Will. 4, c. 27, where, 570. of possessor may be waived before time of limitation expires, ib. public. See PUBLIC RIGHTS. RIPARIAN RIGHTS, how derived, 367. RIVERS, public and private, 178. soil of, in whom, ib., 179, 180. ROMAN CATHOLIC PATRONS, advowsons of, period of limitation for, 424. benefices belonging to, in common with a Protestant, when full, 521. ROMAN LAW, the source of most prescriptive laws of European nations, 6. SALMON FISHINGS, in Scotland, 202. SCOTLAND, since the Union, forms with England, Great Britain, 236, 237. writ of ne exeat extended to, ib. not deemed beyond scas, 550. SEA, laws of limitation in, 565. excluded from those laws applied to England and Ireland, 237. salmon fishings in, ib. oyster beds in, ib. mussel beds in, ib. See PRESCRIPTION. public rights in, 160, 167, 176-178, 200, 201. public right of fishing in, may be excluded, when, 167. the public have no right at common law- to bathe in, 176. or to pass over the shore belonging to a subject for the purpose, ib. public rights in, when not excluded, 177, 178. fishings in, in Scotland, in the Crown, 202. See PUBLIC RIGHTS. SEA-SHORE, between high and low water-marks, in the Crown, 144, 174. may be acquired with the right of fishing, 176. different rights may exist in such land, ib. public rights on, ib. public when excluded from, ib., 177. title to, not necessarily involved in a right to fix stakes in, 188. SEPARALEM PASTURAM, claim of, does not exclude the owner of the soil, 151, 152. SERVICES, are excepted from the Prescription Act, 328, 361. SEVERAL FISHERY, how distinguished from a free one, 163. all private fisheries are several, 164. what, 165. may be in separate parts of the same water, 166. severable from the soil, 167. from whom and where acquired, ib. grant of, from the Crown, must have been before Magna Charta, reverting to and merging since, not regrantable, ib. created before then and existing, may be granted since, ib. how differing from a free fishery, 169. owner of, may maintain trespass, ib. distrain damage feasant, ib. whether it includes the soil, ib. may exist with or without the soil, 170. when the question as to the soil arises, ib. connection of the ownership of the soil of, with the jus piscationis, 171. in inland rivers, 172. lakes, ib. navigable rivers, 173. ownership of the soil and the water of, ib. where derived from the Crown, ib. belonging to the Crown in gross, without the soil, when does not pass by grant by the Crown, ib. no instance of grant of, below low water-mark, 185. in the sea, 174. how acquired by a subject, 176. will not affect public rights, 177. for only one sort of fish, does not include the soil of, 179. ownership of the soil of, is indicated by the nature of the fish, 182. mode of fishing, 186. nature of the acts of ownership, 187. mode of conveyance, 188. what passes by grant of, 190. See SOIL. new right of, when not created by exception, 191. whether claimable by prescription, ib. extent of the ownership of the soil of, 192. and of the land in, 194. without the soil, is purely incorporeal, 195. how it arises, 363. nature of the right, ib. may become a distinct incorporeal hereditament, ib. cannot be leased, under a power, separate from the land, ib. position of, 585. may be applicable or inapplicable to the entire writing, 586. what insufficient, ib. to an acknowledgment by one person, when may be by another, 593, 564. SIMPLE CONTRACT CREDITORS, whether by marshalling they may obtain same period of limitation as SOIL, ownership of, of a several fishery, evidenced by the exercise of a right of the sea-shore in the Crown, 144, 174. may be in a subject, 175, 176. of navigable tidal rivers, when in the Crown, 178. of private rivers, in whom, 178, 179, 180. SPECIALTY DEBTS, time of limitation for, 64, 65. legislation in Ireland for time of limitation for, 569, 570. by whom acknowledgment of, to be made, 599. effect of acknowledgment of, by debtor when beyond seas, 616. SPIRITUAL COURTS, Statute of Limitation as to remedies in, 63. legacies, &c. recoverable in, 402. time of limitation for matters recoverable in, 444. STATUTE OF FINES, virtually repealed, 52. effect of, 568, 641. STATUTES OF LIMITATION, what statutes are, 61, 62. virtual repeal of old ones, 63. applied to remedies in spiritual courts, ib. express repeal of some of the old statutes, 66. anciently none against the Crown, 34. applied to the Crown in England and Ireland, 35, 37, 38, 39, 40. exception of access and use of light, 40. Duke of Cornwall, 41, 42. certain Protestant dissenters, 65. no time for advowsons of the Crown, 40. those applicable to England, Ireland, Wales, 235, 236. nor the Channel Islands, 238. 2 & 3 Will. 4, cc. 71, 100 are, 276. statute of Westm. 2, as to next presentations, is a, 424. Duke of Cornwall, 257. not affecting either, 241, 244, 255. STATUTES OF LIMITATION-continued. not affecting certain corporations, 314. modern ones extended to matters not within the old ones, 665. do not extend to dignities, 403. tithes, moduses and compositions of certain corporations as an in- lay advowsons, 404. advowsons as to some sections of c. 27, ib. some suits and services, ib., 405. charges on advowsons, ib. some equitable claims, ib. as to incorporeal rights, 566. as to the right, 28, 29, 30, 31. remedy, ib. in general affect the remedy only, 564. sometimes the right, 565, 566. applied to the Crown and the Duke of Cornwall, affirm the estate Statute of Fines, and the 32 Hen. 8, c. 2, bar the right, 568. 21 Jac. 1, c. 16, and others in pari materiâ with and supplemental of Westminster 2, as to advowsons, 357. next presentations, 324, 424. against administrators, 277. executors, 278. between persons in the special relations of joint owners, 281. guardian and ward, 284, 285, 286. trustee and cestui que trust, 288, 291, 292, 297-301, 539. mortgagor and mortgagee, 301. landlord and tenant, 106, 107, 312. morality of using, as a defence, 20, 133. pleading, 581, 582. how affected by sect. 34 of 3 & 4 Will. 4, c. 27, ib. restrained by injunction, when, 542. interpretation, generally, 671, 672. the intention and how ascertained, 672. conjecture as to intention inadmissible, ib. the reason and spirit, 673. the preamble, ih. effect of preamble in ascertaining the object, ih. danger of interpretation founded on the remedy being more ex- tensive than the evil, 674. the language, 675. the grammatical construction, ib. remedial and how interpreted, 676, 677. points to be considered in their interpretation, 677. whether remedial or not, sometimes a question, ib., 678. exposition of one part of, by another, 678. of those in pari materiâ, ib., 679. retroactive operation of, 683. general principle of that operation, ib., 684. |