nuisance, in a, 108. pollution of stream, in, 82. Statute of Limitations not to interfere with rules of equity as to, 167. ACT OF PARLIAMENT. See STATUTE. crown, when bound by, 119. marginal note no part of Act, 337. no prescription against, 29. preamble and title may be referred to, 337. presumption of, 122. ACTION, administration of real assets, for, 400. See ADMINISTRATION ACTION. disturbance, for, of rights of common, 49. light, 103 et seq. pews, 97, 98. water, 81-86. ways, 55, 70. ACTION-continued. married women, by and against, 344. real, abolition of, 181. rent-charge, to recover, 116, 181. time within which must be brought. See LIMITATION OF ACTIONS. ACTUAL DAMAGE, must be proved in actions for obstruction of light, 104, 105. need not be proved in actions for diversion of water, 81. ACTUAL TENANT IN TAIL, meaning of, 263, 265. ADMINISTRATION, assets in one country where owner domiciled in another, 409, 410. foreign personal assets, 439. foreigners dying in England, of estates of, 409. insolvent estates, of, 407. priority of judgment debts in, 406, 512. real estate, of, for payment of debts, 398, 428. provisions of Land Transfer Act, 1897, as to, 417-428. ADMINISTRATION ACTION, bankruptcy rules, how far imported into, 407. costs, out of what property payable, 405, 420, 421, 422. effect on running of time, 258. executor protected by decree in, 532. interest, computation of, in, 210. order for sale effects conversion, 734. plaintiff in, not a judgment creditor within Judgments Act, 1864, s. 4.. 501. real estate, parties to, 400, 401, 418. registration as lis pendens, effect of, 500. retainer, effect on executor's right of, 409. ADMINISTRATOR, appointment of new trustees by, 753. covenants, bound by, 598. liability for, 531-534. distinction between executor and, 136. distribution of assets by, after notice, 534, 535. judgments against deceased, liability in respect of, 512, 513. limitation of actions by or against, for injuries to property, 214, 215. in respect of debts, &c., 215, 231, 248, 256, 258. land or rent, 135, 248. payment out of particular asset, effect on running of time, 198. protector of settlement, not to be, 285. real estate devolves upon, 417, 419. rents, covenants, and rent-charges, liability for, 531-534. of share of next of kin to satisfy debt, 257. rights and powers of, 136, 137, 421. sale for payment of debts, no power of, 413, 415. ADMIRALTY, action in rem not within Limitation Act, 1623..223, 252 ADULTERY, forfeiture of dower by, 365. who is, to give and receive acknowledgments of debts, 171, 198. ANNUITY, when restored, 270. apportionment of, 742, 744, 745. arrears of, what, are recoverable, 118, 184, 201, 202, 213, 217. interest on arrears not recoverable, 209. out of fund in court, 259, 260. when charged on a reversion, 201. bond, secured by, limitation of actions in case of, 217. charging order on, 492, 493. distress for, 118, 591-593. dower, in lieu of, 363, 364, 370, 371. land, charged on, limitation of actions in case of, 110, 113, 118, 123, express trust, when secured by, 162, 195, 204, 213. not charged on, limitation of action in case of, 118, 194, 202, 217. marshalling assets for benefit of annuity charged on mortgaged land, nature of, 118. personal, fee simple conditional in, 265. registration of, 506, 508. rent-charge and, difference between, 118. retainer in respect of, 409. security for, set aside, limitation of action to recover purchase-money, 228. trust to secure, effect of, 162, 195, 204, 213. ANTICIPATION (RESTRAINT ON). See RESTRAINT ON ANTICIPATION. APPEALS, interest in case of, 210, 497. Vendor and Purchaser Act, 1874, under, 551. APPOINTMENT. See POWER. debts, when property subject to power of appointment is assets for, 349, deed, by, how executed, 529. deed creating power, relation of, to, 265, 266. default, estates limited in, vested till appointment made, 266. dower defeated by, 266. fraudulent, 290, 291. infant, by, under Infants' Settlement Act, void on death under age, 728. leases by, position of lessee, 266. perpetuities, rule against, when period runs on, 266. property subject to general power of, assets for payment of debts, 349, equitable assets, is, 402. married women, in case of, 349, 403, 419. real estate appointed devolves upon representative, 417–419. trustees, of, 753-756, 763-769, 796, 797, 802, 806. See TRUSTEE. takes effect from testator's death, 266. general gift in will, effect of, 444, 467-470. under power to two persons or survivor, 440, 470. APPORTIONMENT, Act, 1870..742-746. exclusion of, 746. annuities, of, 742, 744, 745. area, in respect of, 527. bonus on shares, of, 744, 745. common, of, 39. conditions of re-entry, of, 526, 527, 568. devisee and testator's estate, between, 743, 744, 746. dividends, 742, 743, 744, 745. landlord and tenant, between, 743. mortgage debt between several estates, of, 432. parish rates, Act does not apply to, 744. payable, when apportioned part, 744. policies, Act does not apply to sums payable on, 745. profits in trade, Act does not apply to, 744. recovery of apportioned payments, 744. rent, of, in respect of area, 527. in respect of time, 742, 743. rentcharge, of, in respect of area, 528. salary, of, 744, 745. testator and devisee or legatee, between, 743, 744, 746. tenant for life and remainderman, between, 743, 744. tithe, of, 744. vendor and purchaser, between, 743. APPROPRIATION, by personal representative of part of the estate in specie to satisfy in case of rights of water, 72. of payments, as an acknowledgment of debt, 223, 240. APPROVE, right of lord of manor to, 45. APPURTENANCES, common will not pass by the word, in enfranchisement deed, 47. common of turbary will pass in a conveyance, 41. easement extinct in law does not pass by the word, 62. included in conveyance though not mentioned, 558, 559. |