MARRIED WOMAN-continued.

may dispose of land, &c.-continued.
dower may be extinguished by, 371.
election by, 371. See 405.

disclaimer by, 371. See 639.

cannot appoint attorney to alienate lands, 375.

disposition of equitable interests in copyholds by, 395.

may dispose of reversionary interests in personal estate, and release
powers, and equity to settlement, under 20 & 21 Vict. c. 57..405.
unable to dispose of such interests except under act, ib.

not enabled by surrender of prior interests, 406.

effect of husband's release, ib.

act does not extend to property comprised in settlement, 407.

may effect insurance, 414.

may maintain an action, when, 415.

liable to parish for maintenance of her husband and children, 416.
out of what property entitled to dower, 417, 419, 423–425.

how barred of dower, 418, 426, 428.

See DOWER.

will of, 503.

See WILL.

applying to the court under Settled Estates Act, to be examined apart

from her husband, 700.

time of examination, ib.

by whom to be made, ib.

when married woman out of jurisdiction of court, 703.

being infants may consent, 701.

powers of act may be exercised by court notwithstanding restraint
on anticipation, 700.

lands of, may be leased by husband, 698.

lease to be valid against wife, 703.

may surrender leases, how, 376.

MARRIED WOMEN'S PROPERTY ACT, 411-416.

See CONTENTS, vii.

MARSHALLING,

between creditors, 478.

now unnecessary, 479.

between creditors and legatees, ib.

where mortgage debt is primarily payable out of personalty, 491.

MASTERS IN CHANCERY,

office of, abolished, 673.

MEMORY (LEGAL),
meaning of, 29.

MERCHANTS' ACCOUNTS,
running of time in case of, 267.

See LIMITATION OF ACTIONS AND SUITS.

MERGER,

by union of legal and equitable interests in the same person, 343.

of base fee in reversion, effect of, 341, 342.

in such case under & 4 Will. 4, c. 74, base fee enlarged instead
of being merged, 341.

MINERALS,

See BASE FEE.

grant of, implies power to get, 36.

leases of, under Settled Estates Acts, 688.

See SETTLED ESTATES ACTS.

may be excepted from sale of settled estates, 691.

reservation of, not to invalidate sale under power, 742.

sale by trustees of land apart from, or of minerals alone, may be sanctioned
by court, 743.

MINES,

customs as to working, 33, 34.

custom for mine owner to let down surface without compensation, bad,
34.

relief granted by equity in cases of, within what time, 290.
MODUS DECIMANDI,

act for shortening time required in claims of, 133.

belonging to judgment debtor, may be taken under writ of fi. fa., 571,
572.

of infants and persons of unsound mind, may be paid into court, under
Trustee Act, 676.

arising from sales under Settled Estates Act, application of, 695.
arising from sale by trustees under statutory powers,

to be laid out in other lands, 732.

situate in same county with property sold, 733.

or in payment of incumbrances, ib.

in meantime may be invested, ib.

for equality of exchange and renewal of leases under statutory powers,
may be raised by mortgage, 734.

received by receiver appointed by mortgagee, application of, 737.

MORTGAGE,

time within which money secured by, may be recovered, 236.

arrears of interest in respect of, only recoverable for six years, 249, 251.
exception in case of possession by prior incumbrancer, 249, 254.
or where secured by specialty, 252, 259.

or where secured by trust, 205, 254.

when carrying interest, 257.

by tenant in tail, 330.

of copyholds, 331.

existing on bankrupt's estate, 355.

confirmation of, in case of bankrupt tenant in tail, 359.
when it may be made to pay debts, under 2 & 3 Vict. c. 60..474.
power to mortgage authorizes a mortgage with power of sale, 487.
but does not create an additional power to sell, ib.

heir or devisee not to claim payment of, out of personal assets, 490
et seq.

See LOCKE KING'S ACT.

may be made to raise money for exchanges and renewals under statutory
powers, 734.

powers incident to, 735.

Welsh, nature of, 217.

equitable, how created, 331.

presumption of payment of, 236.

MORTGAGEE,

relation between mortgagor in possession and, 169.

twenty years' possession by, to bar right of redemption, 212.

MORTGAGEE-continued.

acknowledgments by, 214, 215.

may bring actions or suits to recover land within twenty years after last
payment of principal or interest, 213.

operation of 1 Vict. c. 38..216.

foreclosure by, within what time to be brought, 199, 236.

of freeholds or copyholds may tack his simple contract debt as against
the heir, 477.

remedy of judgment creditor, under 1 & 2 Vict. c. 110, s. 13, where
judgment debtor was mortgagee, 578.

legal estate vested in, not to be taken in execution, 616.

equitable mortgagee of land entitled to priority over subsequent judg-
ment creditor, 579.

of stock, when entitled to priority over judgment creditor who has
obtained charging order, 585.

not bound to inquire as to powers given by 22 & 23 Vict. c. 35, ss. 14—16,

488.

to appoint receiver, 735, 737.

to give receipts for purchase-money, 735.

to apply purchase-money, 736.

to convey to purchaser, ib.

to call for title deeds and conveyance of legal estate, ib.

may obtain sanction of Court of Chancery to sale of land or minerals
separately, 743.

orders vesting estate of, after death, where mortgage money paid, 658.
an infant, provisions of Trustee Act, 1850, as to, 652.

of land or stock, a lunatic, provisions of Trustee Act, 1850..650, 651.

MORTGAGOR,

to be barred at end of twenty years from mortgagee's taking possession,
or last written acknowledgment, 212.

cases on construction of act, 213.

what acknowledgments will preserve right of redemption, 214.

in possession, nature of relation to mortgagee, 169.

not to be deemed tenant at will within 3 & 4 Will. 4, c. 27, s. 7..
164.

fraudulent concealment of deeds by, how punishable, 717.

See MORTGAGEE.

N.

NATURAL-BORN SUBJECT,

application to Divorce Court for right to be deemed, 460.

NATURAL STREAMS,

right as to, 86.

See WATER.

NAVIGABLE RIVERS. See RIVERS.

NAVIGATION,

right of, 110 et seq.

NECESSITY,

ways of, 75 et seq.

NEGLIGENCE,

liability for, in case of rights of way,

NEW TRUSTEES,

81.

power of court to appoint under Trustee Act, 1850..667 et seq.

NEW TRUSTEES-continued.

circumstances causing application to court,
connected with the power,

where donee a lunatic, 667.

or absent, 668.

where doubtful whether power applied, ib.
connected with the trustee,

lunacy, 668.

infancy, ib.

residence abroad, ib.

bankruptcy, ib.

felony, ib.

surviving trustee dead intestate, and no administrator, ib.
no existing trustees, 669.

no trustees originally appointed, ib.

trustees refusing to act, ib.

trustee will not be removed against his will on petition, ib.

trustees already appointed, re-appointed, and vesting order made, ib.
case where receiver had been appointed, ib.

principles on which new trustees are selected, 670.

who will be appointed,

cestui que trust, ib.

husband of cestui que trust, ib.
unmarried lady, ib.

persons out of jurisdiction, ib.

number of trustees appointed, ib.

of bankrupt's estate, ib.

severance of trusts, ib.

court will not inquire into validity of instrument creating the trust,

ib.

application by petition, 673.

who may apply, ib.
evidence, 670.

service, 671.

vesting land or stock in new trustees, 671, 672.

provisions for appointment of, under 23 & 24 Vict. c. 145.. 739.

NON-EXISTING GRANT,

pleading, 56.

NON-PAYMENT OF RENT,

effect of, 145, 146, 159.

NOTARIAL CERTIFICATE,

in case of acknowledgment of deeds by married women, 760.

NOTICE,

of applications under Settled Estates Acts, 694, 705, 706.

to be given by executor or administrator before distributing assets, 721.

NOTICE TO QUIT,

necessary to determine tenancy from year to year, 174.

what notice sufficient, 175.

by agent of one joint tenant sufficient, ib.

not necessary when party holds adversely, 176.

NUISANCE,

definition of, 130.

difference between questions of nuisance and questions of contract, 108.
See AIR-LIGHT-WATER.

0.

OBLITERATION,

in will, not to take effect unless executed as will, 518.

devise of lands subject to, and subsequent exercise of option, 521.
ORDERS,

of Court of Common Pleas as to acknowledgment of deeds by married
women, 400-404.

charging stock, 580.

See CHARGING ORDER.

of court, apportionment in case of payments under, 549, 556.
under Settled Estates Acts, 705-708.

of court, as to obtaining advice of court, 722.

as to investment of cash under control of court, 727.

See RULES AND ORDERS.

OUTLAWRY,

limitation of actions after reversal of, 264, 273.

P.

PARLIAMENT,

entails created by act of,

whether barrable under 3 & 4 Will. 4, c. 74..322, 324.

excepted from Settled Estates Acts, 701.

application under Settled Estates Acts not to be granted, where similar
one has been rejected by, 695. See 707.

required to be made by deed, 632.

not to imply any condition in law, 637.

power of Court of Chancery under Trustee Act, 1850, when decree is
made for, 665. See 748.

under power reserving minerals, not invalid on ground that power did
not authorize reservation, 742.

See PARTITION ACT.

PARTITION ACT (31 & 32 VICT. c. 40),

sale instead of partition, upon request of any party, 746.
upon request of parties interested in one moiety, 747.
reason against sale, what is sufficient, ib.

purchase of share of party desiring sale, ib.

bidding by parties interested, 748.

Trustee Act, provisions applicable to sales under, ib.

Settled Estates Act, provisions applicable to sales under, ib.
parties to partition suit, ib.

out of jurisdiction, 749.

hearing, whether sale will be ordered at, 748.