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TIME,

what, 401.

for arrears of dower, ib.

how they are given, ib.

for arrears of rent, &c., 402.

effect of, in creating rights by possession, 2, 3, 6.

length of, a presumption of innocence, and against imputation of
fraud, 503.

operation of, between trustee and cestui que trust, in cases of implied
trusts. See TRUSTEE, RIGHTS.

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shortened for them, 60.

difference in these times where these rights are defeasible, 434.

money charged on land, and legacies, 437.

arrears of dower and damages for them, 439.

indefeasible, ib.

arrears of rent and of interest and damages for them, 440.

tithes as a chattel, legacies or other property in a spiritual court,

444.

in personal and mixed actions, 63, 65.

actions on specialties, 64, 65.

elapsed since the death of the person liable, available for repre-
sentative, 468.

none between trustee and cestui que trust, where trust is express,
499, 509.

to be a bar the whole must elapse, 532, 567.

may and does include time when no available right exists ib.,
533.

not altered by equitable construction, 533.

nor diminished by it, 534, 535, 536.

TIME OF LIMITATION-continued.
general principle in fixing, 532.

how affected by acknowledgment made,

before and after the expiration, 641, 642.

computation of. See COMPUTATION OF TIME OF LIMITATION.
extension of. See EXTENSION OF TIME OF LIMITATION.
suspension of. See SUSPENSION OF TIME OF LIMITATION.

TIN-BOUNDING,

when unreasonable, and the claim to, bad, 210, 215.

TITHES,

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

time for claims of exemption from or discharge of, shortened, 60.
excepted from the Prescription Act, but embraced by the Statutes of
Limitation for the Crown, 327, 361.

Duke of Cornwall, 329.

as an inheritance are within 3 & 4 Will. 4, c. 27..331.
meaning of the term in, 340.

how to be claimed, 341.

as chattels, are within 2 & 3 Will. 4, c. 100.341, 373, 374.
jurisdiction of ecclesiastical courts in determining right to, 342.
operation of sect. 43 of 3 & 4 Will. 4, c. 27, as to, ib.
exemptions from, within 2 & 3 Will. 4, c. 100..380.

by composition before and since the disabling statutes, ib.

what compositions for, since those statutes made valid, 381.

what compositions for, when and when not valid within 2 & 3 Will. 4,
c. 100..ib.

exemption from, supported by mere non-payment of, ib.

nature of enjoyment as a discharge from, may qualify the right, 382.
by whom and for what the exemption may be claimed, ib.

the ground of it, ib.

what compositions excluded from that act as chattels, where recover-
able, 402.

what arrears of, in equity decreed, ib.

sect. 43 of c. 27, as to arrears of, 403.

periods of limitation for claims of exemption from, 482.

on render of, claimed by corporation sole, 433.

what periods excluded, ib.

presumption from proof of claim for less time excluded, ib.

effect of enjoyment of exemption from, by consent, 436.

for what time non-render of, to be shown under 2 & 3 Will. 4, c. 100,
435.

as a chattel, time of limitation for, in spiritual court, 444.

extinguishment of title to, 573.

possession of, not evidence of title to, 728.

TITLE,

acknowledgment of, to land or a rent, when to be made by the pos-
sessor, or his agent, 591-593.

to land extinct, whether revived by delivery of possession, 643.

not revived by constructive delivery, ib.

how to be revested, ib.

by "non-existing grant," 644.

acquired under the Statute of Limitations, against

the Crown, 730, 731.

a private person, 731.

must be taken by a purchaser, 729, 730.

but so acquired must be clearly within the statute, ib., 732–734.

TITLE-continued.

whether a purchaser must accept, when affected by,

a judgment on which interest paid after twenty years, 733.

a mortgage more than twenty years old, 734.

contract may be to take, although not clearly within the statute, ib.
so acquired, must be supported by evidence, ib.

the evidence of, so acquired, may be by affidavit only, ib., 735.

with reference to the old Statutes of Limitation must have been shown

for sixty years, ib., 736.

time for bringing writs of right, the foundation of the rule for such
time, ib.

for that time generally accepted, 738.

resting on mere possession, cautions in accepting, ib., 739.

for less than sixty years considered imperfect, 739.

the rule not affected by suggestions of defects, &c., ib.

reasons for the rule, ib., 740, 741.

the rule not altered by 3 & 4 Will. 4, c. 27..742-744.

that statute does not preclude a purchaser requiring a longer title,
744.

to renewable leaseholds, nature of, and how derived, ib., 745.
length of, to such leaseholds, a purchaser may require, 746.

TOLL-THOROUGH,

what, 149.

TOLL-TRAVERSE,
what, 148.

TRUST,

the term "trust" not necessary to creation of, 289.

of pure personalty may be declared verbally, ib.

receipt of profits of an infant's estate how far a, within 21 Jac. 1,

c. 16, as to suit for an account of them, 286.

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by construction of law independent of intention, 298.
effect of length of time in this class, 299.
founded on supposed intention, 300.

TRUST PROPERTY,

purchaser of, for value, without notice, acquiring the legal estate, but
in possession less than twenty years, his position since 3 & 4 Will. 4,
c. 27, s. 25..499.

wrongful receipt and conversion of, liabilities of the receiver, 502,
503.

TRUSTEE,

persons taking from original trustee under an express trust, when they
become trustees, 289.

when not, 290.

assuming to act and acting as, ib.

volunteers, 293.

not allowed, in general, to deprive cestui que trust of the possession,
112, 306.

cestui que trust not to be tenant at will to, within sect. 7 of 3 & 4
Will. 4, c. 27..476.

where the trust is express, 477.

TRUSTEE-continued.

secus, where it is implied only, 477, 478.

whether cestui que trust, as a yearly tenant within sect. 8, can acquire
a title against, 483.

if owner of land subject to trust for raising a charge, his conveyance
of the land will not affect the right to the charge, 498.

under constructive trust, may acquire, by time, a title against the
cestui que trust, ib.

no time available for, against the latter under express trust, 499, 508.
he being barred cestui que trust may be also, 500.

personal liability of, remains, ib.

is entitled to the benefit of the rule in equity as to stale demands, and
to every fair allowance, 514.

acknowledgment by, imposes no personal liability, when, 667.

See CESTUI QUE TRUST, POSSESSION, TRUSTEE AND CESTUI QUE
TRUST.

TRUSTEE AND CESTUI QUE TRUST,

nature of the relation between, 288.

creation of, in express trusts of realty, ib.

as respects persons having possession only, 293.

third persons, ib.

in cases of charge, 294.

may originate under a resulting trust as an express one, 293.

express trusts of equitable interests, 296.

as to advowsons and other matters not altered, ib.

effect of relation under implied trusts, 297.

operation between, of,

Statutes of Limitation, 288, 291, 292, 539.
time, 297-301.

relation of, created between devisee to pay debts and the creditors,
539.

TURNPIKE TOLLS,

arrears of interest on a mortgage of, not within sect. 42 of c. 27..
443.

UNSOUNDNESS OF MIND,

meaning of, in 3 & 4 Will. 4, c. 27, vague, 547.

terms added to, in Fines and Recoveries Acts, ib.
how arising and produced, 548.

import of, 549.

degree of, to support a commission of lunacy, ib.
occasional, and neither idiotcy nor lunacy, ib.

what not, 550.

suggested meaning of, in sect. 16 of former act, ib.

the term is not used in 2 & 3 Will. 4, cc. 71, 100..562.

USAGES,

in mineral districts allowed when reasonable, and how determined to
be so, 209.

USER,

to support a ferry as legally created, 130.

grant presumed from, 140.

presumed to be lawful, although not immemorial, when, ib., 222.
prescriptive rights are based on and preserved by, 222.

an aid for the interpretation of ancient deeds, ib.

the primary evidence of the existence of prescriptive rights, ib.
raises a presumption of the prior existence of those rights, ib.

USER-continued.

what will not sustain a custom, 225.

as ground for the presumption of immemorial existence of prescriptive
rights, 226. See PRESCRIPTION AT COMMON LAW, USUCAPTION,
ADVOWSON.

USUCAPTION,

a branch of ancient English law, 25.

VALUABLE CONSIDERATION,

marriage is, within sect. 25 of 3 & 4 Will. 4, c. 27..501.

VENDOR AND PURCHASER,

titles between, depending on the Statutes of Limitation. See PoSSES-
SION, TITLE.

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franchise of, within the Prescription Act, 328.

grant of, when it includes the soil, and when not. See ADDENDA,
p. 150.

when not including the soil, may be claimed by prescription, ib.

WASTE,

action of, by one tenant in common of a fishery, against another,

159.

WATER,

ownership of, 180, 181.

effect of grant of, 189.

by the Crown, ib.

of a fishery, ownership of, 157.

period of limitation for, 426.

WATER OF CANALS,

acquisition of rights and interests in, 368.

WATER, USE OF,

proof of, under 2 & 3 Will. 4, c. 71, how and what, 523.

WATERCOURSE,

nature of a natural one, 203.

periods of limitation for, 426.

times excluded from those periods, 427.

proof of, under 2 & 3 Will. 4, c. 71, how and what, 523.

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