PREFACE TO THE EIGHTH EDITION. THE changes which have been made in the present Edition require a few words by way of explanation. It seemed that something might be done to render the matter already contained in the book more available for use; and the requisite additions, in the shape of cases decided and statutes passed since the publication of the last Edition, were considerable. On the other hand, it was important that the bulk of the Volume should not be materially increased. The It will be found accordingly that the Precedents contained in the last Edition have been omitted. extracts from the Reports of the Real Property Commissioners and some of the older cases have been abridged or condensed. The matter of the notes has been rearranged, and the number of marginal notes has been increased. A new Table of Contents and Index have been made, and a Table of Statutes, arranged in chronological order, has been added. Several statutes relating to land have been passed since the publication of the last Edition; and of these the Editor has only incorporated such as seemed to him to come properly within the scope of the Work. The Land Registry Act and the Declaration of Title Act, 1862, were not incorporated by Mr. Shelford in the last Edition. Since that date the public have not availed themselves to any large extent of the provisions of these Statutes. The system established by the Land Registry Act was condemned in the Report of the Royal Commission in 1870; and further legislation on this subject is said to be impending. The Editor has not therefore inserted either of these Statutes in the present Edition. The cases have, by means of the Addenda, been brought down to the end of October, 1873. THOMAS H. CARSON. 89, CHANCERY LANE, Nov. 1873. TABLE OF CONTENTS. In the Table of Statutes, p. lvii post, all the Statutes, whether printed PRESCRIPTION ACT (2 & 3 Will. 4, c. 71). Periods limited for establishing Rights of Common and other Profits à Prendre (sect. 1); Rights to Easements other than Time excluded from Period of Forty Years (sect. 8) Extent (sect. 9), and Commencement (sect. 10) of Act .. SUBJECTS INCLUDED IN THE PRESCRIPTION ACT. 28 (3.) Of the Presumption of Grants of Easements, and of Licences (4.) Of Rights of Way, Public and Private:- (7.) Of the Right to Light and Air LIMITATION OF ACTIONS AND SUITS. I. Limitation of Time for the Recovery of Land or Rent (3 & 4 When Right first accrues in the case of Discontinuance of Pos- session of Land or of Receipt of Rent; in the case of Death of Rightful Owner; in the case of Alienation by Rightful Owner; in the case of future Interests; and in the case of Forfeiture or Breach of Condition (sect. 3) Provisions as to Forfeitures (sect. 4); Reversioners (sect. 5); and 159-163 reserving Rent (sect. 9) When Right first accrues in the case of Tenancies at Will 164-178 Provisions as to Entry (sect. 10); Continual Claim (sect. 11); Disabilities (sect. 16); Extreme Period of Limitation (sect. 17); LIMITATION OF ACTIONS AND SUITS-continued. I. Limitation of Time for the Recovery of Land, &c.—continued. Limitation of Time as to Suits in Equity (sect. 24); in the case of Express Trusts (sect. 25); Concealed Fraud (sect. 26); and 198-212 Limitation of Time between Mortgagor and Mortgagee (s. 28; II. Limitation of Time for the Recovery of Money charged on Provisions as to Disabilities (sect. 4); Acknowledgments (sect. 5); Judgment of Outlawry reversed (sect. 6); and as to Countries IV. Of the Limitation of Actions on Simple Contract Debts (21 Jac. 1, c. 16, ss. 3, 4, 7; 9 Geo. 4, c. 14, ss. 1, 3, 4, 8). Period of Limitation (1 Jac. 1, c. 16, s. 3) Provisions as to Judgment of Outlawry reversed (sect. 4); and Principles on which Courts of Equity act with reference to MERCANTILE LAW AMENDMENT ACT (19 & 20 Vict. c, 97, sects. 293-296 .. ABOLITION OF FINES AND RECOVERIES AND SUBSTITUTION OF Interpretation Clause (sect. 1) Fines and Recoveries abolished (sect. 2); the Tenure of Ancient Demesne (sects. 4-6); the Amendment of previous Fines and Recoveries (sects. 7-12); the Custody of Fines and Recoveries 307-319 Disposition of Lands entailed; General enabling Clause (sect. Provisions as to Tenants in Tail ex provisione Viri (sects. 16- 17); Tenants in Tail of the Gift of the Crown; Tenants in Tail restrained from Alienation; and Tenants in Tail after The Protector, definition of (sects. 22-33); powers of (34-37) 331-339 |