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PRESCRIPTION-continued.
disability, persons under, 18, 19.
easement, claim for, 5, 29.

extinguishment of prescriptive rights, 30.
fees, claim to, 27.

fence, to maintain, 27.

fishery, for several, in tidal or non-tidal waters, 43.
grant, ancient, effect of, 31.

prescription supposes a, 27.

right must be capable of, 27.

inhabitants of a town cannot prescribe, 27, 29, 32.
but may claim by custom, 32.
trust for, 35.

interruption, effect of, 30.

land cannot be claimed by, 29.

lease, effect of, on, 30.

light, for, at common law, 99.

Prescription Act, under, 10-13.

litter, right to cut, 3, 42.

lost, how prescriptive rights may be, 30, 31.
markets, 27.

multitude of persons cannot prescribe, 27.

must be legal, 29.

nature of, 25, 26.

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PRESCRIPTION ACT, 1-20. See AIR-COMMON-EASEMENT LIGHT-

WATER-WAY.

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statute, under a, not sufficient, 10.
tenancy for life, during, 8, 12.
evidence, of user under, 4, 10, 13, 14.

admissible under general denial, 16.

extent of, to Ireland, not to Scotland, 20.

forty years, time excluded from period of, 19.

grant, claim by express, Act does not interfere with, 20.
gross, rights in, not within Act, 2, 43.

interruption, acquiescence in, 13, 14.

discontinuance of user not necessarily an, 11, 12, 14, 18.
effect of, 10, 14.

notice of, there must be, 15.

qualified easement may be caused by, 14.

stranger, by, sufficient, 14.

what is an, 12.

year, for less than, may be sufficient, 10, 14.
during last, 11, 14.

Ireland, Act extended to, 20.

leave given, effect of, under sect. 2..9, 10.
licence may be proved under general traverse, 16.

over whole period, effect of, 16.

light, claim for, 10-13. See LIGHT.

noise, right to make, acquisition of, 7.

origin of right must have been lawful, 4, 7.

payments, effect of, 10, 12.

periods under, 2, 4, 5, 9, 10, 11, 13—15, 18, 19.

how to be computed, 13-15.

several together equal to statutory period, 19.
shorter not sufficient, 18.

pew, how far within, 95.

pleading under, 4, 15-18, 21.

common law right as well as statutory, 21.
presumption from less periods restricted, 18.
profits à prendre, claim for, 1-4.

See PROFITS À PRENDRE.

proof of enjoyment under, 3, 4, 10, 13.

races, claim to hold, not within sect. 2..7.

rent not within the Act, 2.

reversion in sect. 8 does not include remainder, 20.

Scotland not affected by, 20.

statute, enjoyment under a, not sufficient, 10.

support, claims to, under, 92.

tenancy for life, enjoyment during, 8, 12, 19.

tenant, acquiescence of, how far binding on lessor, 4, 12, 19.
acquisition by, of rights over other land of lessor, 4, 9, 10.

declarations by, will not bind lessor, 4.

tenant for life, enjoyment as against, 12.

terms for life and years excluded from periods of forty years, 19.
tithes not within Act, 2.

unity of possession, effect of, 5, 9, 11, 21.

user, nature of, 3, 8-10, 11.

water, claim by canal company to take, 7.

subterranean, claim to, 7.

watercourses, what are within sect. 2..7.

"PRESENT RIGHT TO RECEIVE,"

money charged on land or legacies, 196, 197, 205, 211, 212.

PRESENTATION,

of livings, within what time to be made, 176-178,
prerogative presentation, 177.

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married women, 445.

in respect of real estate only, 417, 422.

legal estate in land vests before, 419.

litigation, out of what property costs are payable, 405, 422.

rules of law in case of chattels real, applicable to real estate, 420, 423.
wills of realty, of, 417, 422, 423.

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PROMISSORY NOTE,

acknowledgment of debt by giving, 242.

actions on, time within which must be brought, 228, 229.
bequest of, 440.

execution, may be taken in, 486.

indorsement on, of payment, does not stop time running, 241, 243.

PROSPECT,

covenant not to obstruct, enforceable, 107.

right to, cannot be acquired by enjoyment, 107.

view of shop window, 107.

PROTECTION ORDER,

effect on rights and liabilities of married woman, 337, 345, 348, 349.

PROTECTOR,

administrator not to be, 285.

alien not to be appointed, 287.

appointment of, 287.

court should not appoint, 288.

death of appointed protector, on, who is, 288.

deeds of appointment and resignation to be inrolled, 287.

executory settlements, trustees of, may appoint, 287.

assign, not to be, 285.

bankrupt, may be, 284.

bare trustee to be, when, 286, 287.

not to be, when, 285.

beneficial interest, owner of, is, 284.

Chancellor, Lord, when to be, 288, 297.
confirmed estates, in case of, who is, 285.

consent of, agreement to withhold, void, 290.
bankrupt, when tenant in tail, 303.
Chancellor, by, 297, 298.

contract to give may be sufficient, 290, 296.

copyholds, how to be given in case of, 299-301.

court as, when to be given, 298.

court not to control, 290.

effect of disposition without, 289, 291.

equity, exclusion of, as to, 290, 296, 297.

how to be given, 296.

by the court, 297, 298.

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felony, conviction of, 288.

husband of married woman protector convicted, 288, 289.

first existing estate prior to estate tail, owner of, to be, 283, 284, 288.
notwithstanding assignment or incumbrances, 283, 284.

owner of prior estate excluded by sects. 26 and 27, who is, 285.

frauds on powers, doctrine as to, not to apply to, 290.

heir not to be, 285.

infancy of, 288.

lessee not to be, 285.

lunacy of, 288, 297, 298.

PROTECTOR-continued.

married women, in the case of, who is, 285.

consent by, 296.

powers of, 289–291.

restored, estates, in case of, who is, 285.

resulting trust, estate by way of, may constitute the protector, 284.
shares, undivided, who is protector of, 284.

tenant in tail in possession is, as to tenant in tail in remainder, 284.

tenant to the præcipe, when, is, 286.

trustee in respect of power of consent, protector is not, 290.
trustees are, when, 284, 287.

uncertain whether living or dead, 288.

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mortgagee, of land sold by, under statutory power of sale, 543, 577.
Partition Act, arising from sale under, 734.

purchaser's obligation to see to the application of, 416.

on sale, by trustees, 416, 540, 760.

for payment of debts, 400, 416.

for payment of legacies, 416.

under Settled Land Act, 691, 697, 698.

Settled Estates Act, arising under, application of, 638–640.

Settled Land Acts, arising under, paid to trustees or into court, 676.
application of, 673.

leases, arising from sale of, 685.

timber, arising from sale of, 686.

solicitor, may be paid to, on production of deed with receipt, 597, 758.

PURCHASER. See PURCHASE-MONEY-VENDOR AND PURCHASER.

application of purchase-money, liability to see to, 400, 416, 540, 691,
760.

charitable trusts, effect of notice of, 164.

constructive notice to, restriction of, 612, 613.

Crown debts, when they affect, 509, 511, 512.

descent to be traced from, 377.

See DESCENT.

execution of conveyance, rights as to, 565.

forty years' title, entitled to, 544.

fraud of which he has no notice, protection against, 164, 166.

fraudulent appointment, effect on, 291.

Inheritance Act, in, meaning of, 374.

judgments, protection against, 505, 509, 510.

liability to see to application of purchase-money, 400, 416, 540, 691,

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