« ForrigeFortsett »
Except assignees of bankrupts, ib. Of insolvent,
estate vests by the appointment, 149. Of attorney not liable to costs
of taxation, 304. Of mortgage, precautions to be taken by, 463.
Not entitled to be protector of a settlement, 155, 596. Exception to
the rule, 156, 593. Form of conveyance by assignees of bankrupt,
Assignment-of terms, observations on, 257. Of apprentices, obser-
vations on, 251. Of leaseholds, 16, 262. Of choses in action,
284. Of mortgages, 463. Operates as a surrender, when, 675.
Defective surrender may operate as, ib. Operative words in, 38.
Forms, of recital of assignment of a term, 24, 28. Of goods, 27.
Of mortgage, 31. Diverse assignments, 32. Of apprentice, 249.
Of attendant terms, 253. By indorsement, 255. Of several terms,
ib. Of leaseholds, 260. Of a debt, 262. Of a bond, 266, 271.
And warrant of attorney, 268. Of a judgment, 269. Of dividends
in bankruptcy, 272. Ditto, to an attorney to secure costs, 273. Of
stock bequeathed by will, 276. Of a legacy, 280. Of a covenani,
281. Of insurance on a life, 282. Against fire, 283. Of articles
of clerkship, 296. Of a mortgage, 439. Where a further advance is
made, ib. When mortgage for a term changed into a mortgage in
Attestation-importance of, 4. Observations on solicitors attesting
deeds, 5. Of a will, 710, 182. Gifts to attesting witness of,
are void, 182, 710. Ditto, as to their wives or husbands, ib.
Of warrants of attorney, 686. Forms, of a will, 115, 699. Of
a deed, 115. Of a warrant of attorney, 681. Of a bill of sale,
Attorney-observations on their attestation of deeds, 5. Must attest
warrants of attorney, 146, 686. Duty before a sale of real proper-
ty, 117. As to preparation of abstract to lay before counsel, 122.
As to money of others in his custody, 132. As to taking a written
authority to commence or defend an action, 135, 136. His right as
lo withdrawing from the conduct of a suit or defence, 136. Effect on
their right of lien by doing so, 302. Cannot take security for future
costs, 273 n. How far bound by acts of their agents, 300. Lien
for their costs, observations on, ib. Admitted in one court may
practise in others, 304. Taxation of their bills, ib. Costs of
chargeable only against the attorney personally, ib. What profes-
sional communications they may not disclose, 307. Forms, of un-
dertaking to pay his bill, 138. Articles of partnership between,
550. Retainer of, to sue or defend, 135. See Articled Clerk ;
Powers of Attorney; Warrants of Attorney ; Actions.
Attornment-forms of, 291.
Awards-submission to, not revocable when made a rule of court, 338.
Death of either party, determines arbitrator's power, ib. Observa-
tions on, 314, 327. Forms, of condition of arbitration bond, 324.
As to appointment of arbitrator, 325. As to appointment of umpire,
325, 326. As to enlargement of time, 326. By arbitrator, 311.
By umpire, 313. Of agreement to refer, 227.
Bail—mode of taking, 329. Plaintiff may sue them, 288. Forms, of
bail bond, 328. Affidavits of justification of, 329, 330.
Bankruptcy-trader not paying or securing a debt after filing affida-
of debt, is guilty of an act of bankruptcy, 146. Of lessee, effect
of, 431. Of a partner, is dissolution of partnership, 572. Effect
of, on judgments, 688, 690. Forms, of provision against, in a settle-
ment, 647. In a will, 696. Of gift over upon, 643. Of protest
of bills in cases of, 491, 493.
Bankrupts—dealings with, 142. Conveyance by, and purchases from,
before issue of fiat, 169. Suggestions as to settlements, on mar-
riage of persons liable to become, 647.
Bargain and Sale-stamps on, 655. Operative words in, 38.
Consideration essential to, 2. Forms, of lease for a year, 352. Of
reference to in a release, 38. Enrolled, 364.
Base Fee-definition of, in fines and recoveries act, 151. How con-
verted into a fee-simple, 154. Shall not merge, if arisen from an
estate tail, 157, 676. In other cases will merge, 677.
Bill of Exchange-forms of protest of, 490–494. May be taken in
Bill of Sale-possession of goods should in general accompany it, 317.
Forms, of goods, 316. Of a ship, 504.
Bonds—may be taken in execution, 147. Observations on arbitra-
tion bonds, 327. Post-obit bonds, 323. Forms, of assignments of,
266, 268, 270. Money bonds, 318. To bankers, 320. Mort-
gage bond, 321.
From purchaser of equity of redemption to in-
demnify mortgagor, ib. Annuity bond, 322. Posi-obit, 323.
Arbitration, 324. Bail, 328. Condition of a bottomry bond, 502.
Boundaries of church property, act for ascertaining, 142.
Certificates-forms, of road being in repair, 525 n. Of forms having
been complied with, preparatory to the sale of parish property,
538. By magistrate, of execution of a power of attorney, 579 f.
See Notarial Forms.
Chaplain—must be appointed by deed, 238. Form of appointment, ib.
Charge-purchasers of property subject to, must indemnify vendor, 15.
On land, barred after 20 years, 174. Observations on further charge,
Charter-Party-forms of, 494_498. Protest for breach of, 486.
For not executing, 490.
Chose in Action-definition of, 284. Not assignable at law, 13,
285. Exception to rule, 288. May be assigned in equity, 13, 285.
Liabilities of assignees of, 13, 286. Observations on assignments
of, 284. Stamps on assignments of, 285. Suggestions to purcha-
sers of, 286, 287. Of wife, husband's power over, 288. On speci.
fic performance of agreements for the purchase of, 289. Liable to
be taken in execution, 147, 290. Forms, of assignment of, 262.
Mortgage of, 454.
Church-act for ascertaining boundaries of church lands, 142. Form
of grant of a seat in, 362. Observations on, 363 n.
Churchwardens--power over parish property, 528. Are a co rora-
tion, as to, ib.
Clerk of a Parish-on the right to appoint and remove, 239. Form
of appointment of, ib.
Cognovits-must be attested by debtor's own attorney, 146, 332.
Defeasance on should be written on same paper, 689. Forms,
332. Of affidavit of execution of, 333. See Warrants of Attorney.
Common, Right of what length of user gives a title to, 177.
Conditions of Sale-forms of, 335. Of copyholds, 346. Lease.
holds, 343. Timber, 349. For a lease, 421. Parish property,
539. See Agreements.
Contingent Interests—may be devised, 181. May be conveyed in
equity, 362. Do not prevent a merger, 677. Will be destroyed
by merger of particular estate, ib.
Continual Claim-rights are not preserved by, 172.
Conveyance-observations on, 389. Parties in, 10. Recitals in, 11, 16.
Description of premises in, 13. Proper covenants in, 14. Costs of
preparation and execution of, 205. Of perusal of, 605. Stamps on,
657. Forms, of lease and release, 352, 354. Appointment and release,
356. Feoffment, 358. Deed of gift, 360. Of furniture, ib. Of
a reversion or remainder, 361. Of a pew, 362. Bargain and sale
enrolled, 364. Exchange, 365. By mortgagor and mortgagee,
368. By trustees for sale, 369. By trustees and heir, 370.
Tenant for life and remainder-man, 371. Remainder-man to tenant
for life, 372. From husband and wife, 373. With mortgage, 374.
From devisee, annuitant, and legatee, 377. By tenant for life to
reversioner, 380. By assignees of a bankrupt, 381.
To bar an
entail, 384. Of equity of redemption, 382. Of copyholds, 386.
Of leaseholds for lives, 388. Of parish property, 541; if copy-
hold, 544. Of real estate, on trusts for sale, preparatory to mar-
riage, 640. See Assignment ; Release ; Reconveyance ; and Sur-
Coparcener-possession of one, not the possession of the other,
Copyholds—may be devised, though testator not admitted, 181.
Though no custom for doing so, ib. Extracts of wills of, are to
be entered on the rolls, ib. Included in general devise, 184, 712.
Purchaser of, must bear expense of surrender and admission, 196,
205. Observations on abstract of title to, 118. Observations on
conveyance of, under bankruptcy, 381. Suggestions, as to the mort-
gage of, 459. On discharge of mortgage of, 607. Forms, of
abstract of title to, 128. Covenant to surrender, 386. Mortgage
Costs-attorney cannot take security for future costs, 273. Observa-
tions on attorney's lien for, 300. Costs of admission to copyholds,
on a purchase, 196, 205. Of taxation of bills, 304. Of demurrer
to examination, falls on witness, if overruled, 305. Of making out
a title, 203. Of examining abstract, 204. Of conveyance, 205.
Assignment of terms, ib. Of attested copies, 206. Of perusing
and taking an opinion on reconveyances, &c., 605. Occasioned by
refusal to execute reconveyance, ib. Of trustees, ib. 643.
Form of security for, 273. Undertaking to pay, 138.
Covenant to stand seised-consideration of blood, or marriage, neces-
Covenants—to what a purchaser is entitled, 14.
On sale for pay.
ment of debts or legacies, 15. In assignment of leases, ib. In
conveyances of land subject to any charge, ib. In reconveyances,
604, 605. Of leaseholds, 605. Usual covenants in a lease, 404 n.
On the covenant in a lease not to assign, 16, 406. To do anything
under a penalty, 218. Construction of covenant to repair in a lease,
405. Proper covenants in a mortgage, 458. Forms, of assignment
of benefit of a covenant, 281. Of commencements of, 84. To sur-
render copyholds, 386. To keep accounts, 221.
-In Conveyances--for title of freeholds, 85. Against incumbrances,
89. Of freeholds and leaseholds, ib. Of leaseholds, 94. By
assignee to indemnify vendor from rents, &c., 96, 97. For pro-
duction of title-deeds, 92. From purchaser of equity of redemp-
tion to indemnify mortgagor, 93. In assignment of a debt, 264,
267. To indemnify assignor of a debt, 265. That feme covert
shall acknowledge a deed, 374. That parties, when of age, shall
execute a deed, 378.
-In Leases—for payment of rent and taxes, 103, 408. To repair, ib.
and 419. To paint, 104. To quit at expiration of term, 104, 408.
Not to use offensive trades, 105, 410. To keep sheep on the
To litter out cattle, ib. To repair fences, 106.
Not to lop trees without permission, ib. Not to plough up pas-
To take beer of landlord, ib. To serre notice on
trespassers, and allow landlord to use tenant's name, 112.
permit lessor to enter to see repairs, 113, 409. To sow a quan-
tity of acres before leaving, 114. To insure against fire, 108. To
build a house, 110. To use lands properly, ib. To leave
To lay down clover and grass, ib. To make sum-
mer fallows, &c., ib. Not to over-crop, ib. To sow clover, 112.
To permit lessor to plough before tenancy expires, ib. By lessor
for quiet enjoyment of premises, 108, 411. To contribute to
party-walls, 109. That tenant may bave a boozy pasture,
- In Mortgages-payment of principal and interest, 97. Premiums
on insurance, 98. Of floating balance in mortgage to bankers,
102. For title in mortgage in fee, 98. For a term, 100. By
appointment, 450. In assignment of mortgage that money is
- In Release-of debts for further assurance, 617.
- In Settlements—for payment of an annual sum to trustees, 637. To
settle after acquired personalty, 638.
Creditors—when deeds require a consideration to be valid against,
3. Rights on their debtors' real estates, 143, 144. Good wit-
ness to a will containing a charge in their favour, 182. Form of
legacy to, 694. Act for extending their remedies against their
debtors, 145. Loses benefit of securities on taking the person of
his debtor, 148. Entitled to interest on their judgments, ib.
Must register their judgments, 149.
Crown—may release lands of its debtors from extents, 169. Quietus
to its debtors and accountants, to be registered, ib. Its judgments
and extents must be registered, 168.
Debts-bequest of, subject to lapse, 693. Act for payment of, out
of real estate, 143, 144. Form of release of, by will, 693.
judgment, carry interest, 148. Provision as to payment of, on dis-
solution of partnership, 567, 572. Acknowledgment to take it
out of the statute of limitations must be in writing, 139. Of in-
fants, ib. Form of affidavit of, 579. Insolvent's future property
liable to, 691.
Declaration-see Statutory Declaration.
Declaration of Trust-see Trust.
Decrees—have the effect of judgments, 148. Must be registered,
Deeds-definition of, 1, Essentials to, ib. Of infants, 1, 2. Mar-
ried women, 2. Idiots and lunatics, ib. When consideration ne-
Execution of, 3. By attorney, 3, 115. Reading of,
before execution, 3. Takes effect from delivery of, 4. Date, ib.
Attestation, 4, 115. Reasons why solicitors should not attest, 5.
How avoided, 5, 6. How affected by fraud, 6. When void, ib.
Different parts of, 6, 7. Operative words in, 37. Observations
on the preparation of, 9. Parties, 10. Recitals, ll, 12. De-
scription of parcels, 12. What property can be conveyed at law,
13. Observations on perusing, 14. As to the production of, on
a sale, 204. Attorney's lien on, 303. Mortgagee should obtain
possession of, 460. Schedule of, should be given on mortgage,
607. Right to attested copies of, 206. Right to possession, or
covenant for production of, ib. Stamps on, 660. Form of cove-