PART PAYMENT, See ACKNOWLEDGMENTS UNDER THE STATUTES OF
LIMITATION.

PARTNER,

whether payment by one takes debt out of statute against others, 295.
whether payment by surviving, takes debt out of statute against estate
of deceased partner, 296.

acknowledgment of right by, in the recovery of mortgages, charges and
legacies, 236, 244.

in the recovery of debts by specialty, 262, 263.

in the recovery of debts by simple contract, 283 et seq.
PAYMENT OF DEBTS OUT OF REAL ESTATES,
old rule as to, 463.

provisions in 11 Geo. 4 & 1 Will. 4, c. 47, as to, 463 et seq.
devises void against specialty creditor, 464.

remedies of specialty creditor,

where estate not aliened, against heir or devisee, 465.

or devisee alone, 466.

where estate aliened before action brought, heir answerable for
value of lands aliened, 468.

devisee similarly liable, 470.

plea by heir, 469.

extent of heir's liability, 469.

specialty debts no charge on the land, 468.

act does not affect provisions for payment of debts, 466.

trader's real estate made assets for payment of his simple contract as

well as specialty debts, 470.

demurrer of the parol abolished, 471.

provisions where real estate vested in infant is ordered to be sold for
payment of debts,

for conveyance of land, 472.

and mortgages, 474.

surplus money to descend in same manner as estate would have
done, 475.

provision for case of persons having limited interests, 473, 475.

provision in 3 & 4 Will. 4, c. 104, as to, 476 et seq.

freehold and copyhold estates made assets in all cases for payment of

simple contract as well as specialty debts, 476.

land applicable as assets under this act, ib.

land appointed under general power, ib.

lands are equitable assets subject only to the final proviso, 477.

case of an equity of redemption, 477.

mortgagee of freeholds and copyholds may tack simple contract debt
as against the heir, ib.

PAYMENT OF DEBTS OUT OF REAL ESTATES-continued.
debts payable under the act, 477.

priority of widow's dower, ib.

effect of judgments against the heir, ib.

simple contract debts not charged on the land by this act, 478.
purchaser from heir or devisee not bound to see to application
of purchase-money, 477.

suits for the administration of real assets, 478.

marshalling,

between creditors, 478.

between creditors and legatees, 479.

order in which assets are applied in payment of debts, ib.
order in which debts are paid, 480.

rule as to persons dying on or after the 1st January, 1870, ib.

simple contract debts, what are, 481.

payments on behalf of lunatics, ib.

nature of debt created by breach of trust, ib.

specialty debts, what, 482.

by whom sale to be made, where land charged with debts, 484 et seq.
purchaser's obligation to see to application of the purchase-money, 488.
payment of mortgage debts, 490 et seq.

See LOCKE KING'S ACT.

payment of judgment debts out of land,

writ of elegit, 568.

judgment a charge under 1 & 2 Vict. c. 110, s. 13..574.

proceedings to enforce judgment against land, 579.

when sale can be obtained by judgment creditor on petition to
Court of Chancery, 626.

provision in Trustee Act, 1850, where decree made for sale of land for
payment of debts, 665.

sanction of court to settlement by infant to be obtained upon, 409.
to Divorce Court for declaration of legitimacy, 459–462.

sale of lands of judgment debtor may be obtained by creditor on, 626.

PETITION-continued.

under Trustee Acts, 673.

See TRUSTEE ACTS.
evidence, 670, 671.

service, 651, 653, 659, 662.

under the Settled Estates Acts, 692 et seq.
See SETTLED ESTATES ACTS.

for advice of court, 721 et seq.

detail, matters of, not dealt with on, 723.
nor hypothesis, ib.

questions of construction, ib.

questions decided on such petition, ib.
nature of the indemnity given, 724.

for sanction of court to sale of land or minerals separately, 743.

PEWS,

general rights with regard to, 115.

rector entitled to chief seat in chancel, ib.

of common right, all pews in parish church are common property
of parish, ib.

distribution of seats rests with churchwardens, ib.

particular rights founded on faculty or prescription, 116.

prescriptive right, how proved, ib.

cannot be severed from occupancy of messuage, 117.

extra-parochial persons, ib.

chancels, rights with regard to, 118.

right to vote in respect of pews, ib.

remedy for disturbance of pews,

action in common law courts, or suit in ecclesiastical courts, 118,

119.

evidence, ib.

remedy in equity, 120.

PISCARY,

common of, 46.

PLAINTS,

in customary courts abolished, 225.

PLEADING,

under 2 & 3 Will. 4, c. 71..5, 14, 21.

rules before act, 21, 22.

pleading under act, 5, 21 et seq.

matters to be replied specially, 22.

when licence must be replied specially, ib.

licence must be co-extensive with right claimed, 23.

replication of life estate, 20.

evidence admissible under general traverse of enjoyment as of right,

23 et seq.

asking leave, 23.

unity of possession, 24.

extent of right, ib.

prescriptive right, commensurate with right claimed, must be

proved, 25.

not to be deemed possession of the heir within the Statute of Limita-
tions, 182.

rule as to, in case of descents, 455.

POSSESSION,

nature of interest conferred by, before 3 & 4 Will. 4, c. 27..152.
of person in possession, since that act, 222.

case of possession by succession of independent trespassers, 223.
actual possession necessary to gain title under the statute, 155, 156.
what is actual possession, 156.

possession of mines, ib.

right of person claiming land to take possession, 154.

entry on land not to be deemed, 180.

of younger brother, not to be that of heir, 182.

of mortgagor, nature of, 169.

of cestui que trust, nature of, 170.

See ADVERSE POSSESSION.

POSSIBILITY,

was bound by fine or recovery before act for abolition of fines, 326.
coupled with interest, assignable in equity, ib.

devisable, 501.

coupled with interest may be aliened by deed, 638.

See ESTOPPEL-EXPECTANCIES.

POSTHUMOUS HEIR,

when entitled to rents, 446.

POUNDAGE,

sheriff entitled to what, 570.

POWER,

different kinds of, 373.

destruction of, ib.

power appendant or in gross, ib.

effect of bankruptcy, 374.

power of leasing, ib.

power to consent to sale, 375.

power simply collateral, ib.

may be released or extinguished by married women, 369, 405.

may be exercised by married women, 377.

how reserved to married women, ib.

equitable power, ib.

fraud on, 339.

rules of equity as to, not to apply between protector and tenant in
tail, ib.

of appointment. See APPOINTMENT.

appointment under, takes effect as part of deed creating, 306, 307.
given to survivor of several, 501, 528.

when exercised by general gift in will, 525.

See CONSTRUCTION OF WILLS.

POWER-continued.

will in exercise of, how to be executed, 511.
deed in exercise of, how to be executed, 715.

of leasing settled estates, may be vested in trustees, 690.
See SETTLED ESTATES ACTS.

POWER OF ATTORNEY,

revoked by death of grantor, 718.

subsequent acts under, invalid at law, ib.
secus in equity, where no notice, ib.

trustee making payments under, indemnified, ib.

POWER OF SALE,

not inconsistent with widow's right to dower, 427.
implied from charge of debts, 484 et seq.

See DEVISE OF REALTY CHARGED WITH DEBTS.

mortgage with, authorized by power to mortgage, 487.

sale under, not avoided by mistaken payment to tenant for life, 716.
not invalidated by reservation of minerals, 742.

statutory incidents of, 731.

statutory, given to mortgagee, 735.

may be negatived, 741.

power to consent to sale, when extinguished, 375.

not extinguished by donee consenting as protector to barring of
entail, 338.

consent of tenant for life under statute, 734, 741.

PRACTICE,

in crown suits, 142.

limitations of time in practice,

at law, 233.

in equity, 234.

PRESCRIPTION,

nature of, generally, 28 et seq.

supposes a grant, 29.

See 55, 56.

twenty years' enjoyment presumptive evidence of prescriptive
right, 29. See 55.

must be certain and reasonable, 29.

prescription at common law not superseded by prescription under
statute, except in case of light, 8, 57.

prescription under statute, 1 et seq.

See PRESCRIPTION ACT.

difference between custom and prescription proper, 29, 30.
prescribing in que estate, 21, 30.

inhabitants cannot prescribe, but may claim by custom, 30.
profit à prendre in another's soil cannot be claimed by custom, 3, 30.
customs,

requisites of a valid custom, 31, 32.

instances of valid customs, 32, 33, 47, 48.

enjoyment must have been of right, 33.

customs as to mines and quarries, 33, 34.

custom entitling mine owner to let down surface, 34.
customs as to mines in Cornwall, ib.

prescription proper, 35.

prescriptive right cannot be claimed to exclusion of owner of pro-

perty, ib.

what may be claimed by prescription, ib.

markets, ib.

stallage, ib.

tolls, 36.

what cannot be claimed by prescription, ib.

no prescription against another prescription, 37.

or against a statute, ib.