Sidebilder
PDF
ePub

PERSON,

Interpretation of, in the act for the limitation of actions, 123.
In the act for the abolition of fines and recoveries, 299.

PERSON LAST ENTITLED,

Interpretation of, in Inheritance Act, 434.

PERSONAL REPRESENTATIVE,

Included in Trustee Act, 1850..607.

Stock in name of lunatic, may be transferred, 609.

PETITION,

Sanction of Court of Chancery to settlements by infants, to be
obtained by, 414.

Under Trustee Act, 1850, may be presented in first instance,

625.

What may be done upon, ib.

May be dismissed with or without costs, ib.

Order respecting charities may be made upon, 626.

When presented concerning person of unsound mind, 629.
Order upon may be postponed until right declared in suit, ib.
Application to exercise powers conferred by Settled Estates Act,
to be by, 640.

Whose consent required on, ib.

May be granted without consent, saving rights of non-consenting
parties, ib.

Notice of application to be served on all trustees, &c., ib.

PEWS OR SEATS IN A CHURCH,

Rector entitled to chief seat in chancel, 107.

Right to, founded on a faculty or prescription, ib.

Of common right for the use of all the parishioners, ib.
Disposal of, with whom it rests, ib.

Prescriptive right to, on what founded, 109.

Extra-parochial persons cannot claim without prescriptive title,

110.

Cannot be severed from house to which they are appurtenant, ib.
When courts of common law exercise jurisdiction as to, 111.
Prohibition, when granted, ib.

Evidence of prescriptive right to, ib.

Priority of sitting in, may be claimed, 112.

What must be stated in declaration in action for disturbance of,
ib.

The right to sit in, may be apportioned, ib.

Whether one parishioner can sustain bill in Chancery respect-
ing, ib.

PLAINTS,

In customary courts to be abolished, except for dower or free-
bench, 234.

PLEADING,

Under Prescription Act, 4, 10, 11, 17.

Enjoyment to be averred to have been before commencement of
suit, 13.

Of enjoyment of easement, 18.

In que estate, mode of, before Prescription Act, 27.

Replication of life estate, 24.

In case of right of way. 76, 77.

By assignees of bankrupt as to rents, covenants, &c., 370.

Under stat. 3 & 4 Will, 4, c. 27. s. 40..249.

Statute of Limitations must be pleaded, 250.

PLEADING-continued.

Statute of Limitations may be pleaded to bill of discovery, 251.
By heir on action for ancestor's debts, 463.

Of riens per descent by heir in action of debt, ib.

New rules of pleading in actions on specialties, 464.

Forms of, under Common Law Procedure Act, 1852, in case of
rights of way, 79.

Of watercourses, 103.

POSSESSION,

For twenty years wrongfully gives title against strangers, 151,

152.

By independent trespassers for twenty years, does not confer
right, 232.

Right of owner to take, 153.

Of younger brother not to be that of heir, 185.

Old rule of law on, ib.

See ADVERSE POSSESSION.

POSSIBILITY,

Was bound by fine or recovery before act for abolition of fines,
330.

Coupled with interest, assignable in equity, ib.

Devisable, 334, 483.

Where not, 334.

Coupled with interest may be aliened by deed, 596.
See ESTOPPEL-EXPECTANCIES.

POSTHUMOUS HEIR,

When entitled to rents, 445.

POUNDAGE,

Sheriff entitled to what, 536.

POWER,

Rules of equity as between donee and objects of, not to apply to
transactions between protector and tenants in tail, 345.

The above rule stated, 346.

Case to which it was not extended, ib.

May be released or extinguished by married women, 377.

Different kinds of powers, 381.

Destruction of, ib.

Power of sale not barred by consent of tenant for life to disen-
tailing deed, 344.

Of leasing not destroyed by conveyance of life interest, 382.

Simply collateral cannot be released, 383.

To husband and wife not destroyed by his conveyance under
Insolvent Act, ib.

How affected by bankruptcy, ib.

Powers given by act to married women not to interfere with
other, 384.

May be reserved to married women, how, 385.

For settlor to appoint protector, 340.

Executed by will how to be attested, 489.

To be executed by writing under hand and seal how to be
attested, ib.

General, may be executed by a general gift in will, 502.

See APPOINTMENT.

PRESCRIPTION,

Act for shortening time in claims by, 1.
Nature and foundation of, 25.

See CONTENTS, V.

Twenty years' usage would support, when, 26.
Incidents of, time and usage, ib.

Must be certain and reasonable, ib.
Differs from custom, how, 27.
In que estate, what, ib.

How laid before new act, ib.

How it may be now alleged, 17.

Profit in alieno solo may be claimed by, 27.
Inhabitants cannot claim by, 28.

Only incorporeal rights can be claimed by, 29.
Tolls may be claimed by, 30.

Title to land cannot be claimed by, 32.

Against a statute bad, ib.

How limited by statute 32 Hen. 8, c. 2..33.

Rights by, how lost, ib.

Against the king, where, 34.

Proof in cases of, 20, 21.

PRESUMPTION,

Restricted in claims under Prescription Act, 22.
Of grants of incorporeal rights, on what founded, 49.
Doctrine as to, not superseded by Prescription Act, 50.
Of grants of ways, 66.

From the crown, 118.

PRESUMPTION OF PAYMENT,

Of mortgage by twenty years' non-payment of principal or in-
terest, 251.

Liable to be rebutted, ib.

Of judgments, 252.

Liable to be rebutted, ib.

Of legacies, 254.

Of bonds, 274.

PROFITS A PRENDRE,

Difference in period of limitation as to, and easements, 2.

What are, 3.

Proof of enjoyment of, 3, 4.

See COMMON-PRESCRIPTION.

PROMISSORY NOTES,

Belonging to judgment debtor may be taken under fi. fa., 537.

PROTECTOR OF THE SETTLEMENT,

The owner of first existing estate prior to estate tail to be, 336.
What prior estate sufficient, ib.

Each of two or more owners of a prior estate to be, as to his
share, 337.

Married woman, where alone, to be, and when with her hus-
band, ib.

Estate confirmed to be deemed subsisting under the settlement,
338.

Lessee at rent not to be, ih.

No tenant in dower, heir or executor, bare trustee, administra-
tor or assign to be, ib.

Trustee of executory settlement held to be settlor within act,

PROTECTOR OF THE SETTLEMENT-continued.

Who is to be, when owner of prior estate is excluded by 26th

and 27th sections, 338.

When tenant to the præcipe shall be, 339.

Question as to protectorship, ib.

In case of reversion aliened before 31st Dec. 1833, the tenant to
præcipe to be, 340.

When bare trustee shall be, ib.

Power to any settlor to appoint, ib.

In case of lunatics, 342.

Consent of, required to enable tenant in tail to create larger
estate than base fee, 344.

Power of sale not barred by consent of, to alienation by tenant
in remainder, ib.

Must consent to enlargement of base fee, 345.

Not to be subject to control in the exercise of his power of con-
senting, ib.

Certain rules in equity not to apply to, 346.

Consent of, to be by deed, 352.

To be either in same assurance or distinct deed, ib.

Deed to be inrolled, ib.

Not to revoke his consent, ib.

If married woman is to consent as a feme sole, ib.

Consent of, void unless inrolled with or before assurance, ib.
Jurisdiction of equity excluded as to consent of, ih.

Consent of Lord Chancellor or Court of Chancery how to be
given, 353.

Cases as to exercise of power by Lord Chancellor, when, 354,

355.

To be appointed to consent to an exchange, when, 4 & 5 Will. 4,
c. 30, s. 4.

Of copyholds.

Deed of consent of, to be entered on court rolls, 358.

How to be taken when not by deed, ib.

Equitable tenants in tail of, 360.

Consent of protector by deed to be void unless executed on or
before disposition, ib.

Memorandum to be indorsed and entered in court rolls, ib.
Consent of, in bankruptcy, 365.

See CHANCELLOR (LORD)-CHANCERY (COURT OF)-CON-
TENTS, X-XIV.

PROVISION,

For married women giving up their interest in land, rule of court
as to, 409.

Cases respecting, 397.

PURCHASER,

Entitled to evidence of sixty years' title, 196.

Compelled to take title depending on Statute of Limitations, 232.
When protected in transactions with bankrupts, 584, 585.

A voidable estate by tenant in tail, in favour of, confirmed by a
subsequent disposition, when, 347.

Created by a tenant in tail afterwards becoming bankrupt,
confirmed, how, 367.

Under deed first inrolled to be preferred, 376.

Deed first entered on court rolls to be preferred, 360.

"The purchaser," interpretation of, in the act for amending the
law of inheritance, 434.

[graphic]

REGISTE

OF
55

Of red

REMAINDE

When
Within

Will

Person
right
WH

When ri
Right of
third p
When rig
person
Cases on
When ter
have bal
When poss
persons
Within wh

c. 16, ib.
When defec
202.

Power for te

of fines and
Tenant in tail
the protecto
Contingent, ma
When pro
estate, 5
See PROTECTO

How affected by
Interpretation of
Ambiguous meani
Reserved on lease
Recoverable only
first accrued, 13
Time at which the
In case of an
On dispossessi
On abatement
On alienation,
In case of fut
In case of for

« ForrigeFortsett »