Vol. Page.

DEBTOR AND CREDITORS.-Continued.

May give time for payment of purchase money vi. 182
May sell contingeut interests and doubtful debts
May buy in estates at auction

May arrange with creditors, entitled to a transfer
of stock

Doubts may be submitted to arbitration
Trustees may hire counting house and clerks
May commence or defend actions

Power to give up certain property to debtor
Trustees to apply the money duly

To deposit money in banker's hands
To settle accounts every six months
When trusts performed, same to cease
Debtor has made a full discovery
And will assist trustees

Will appear at insurance office
And not prejudice policy
Letter of licence to debtor

ib.

ib.

· ib.

ib.

vi. 183

vi. 184

ib.

ib.

vi. 185

ib.

vi. 186

ib.

vi. 187

ib.

vi. 188

ib.

• If debtor sued, debt to be lost

vi. 189

If debtor make default, creditors may sue

Creditor not acceding within time, excluded
Unless he resides abroad

No creditor admitted unless claim before final divi-
dend

Debts omitted in schedule may be discharged
Creditors to deliver up securities before they re-
ceive a dividend

Creditors to indemnify the debtor against notes vi.
Trustees may convene a meeting of the creditors
in cases of doubt

Or they may be settled by counsel

Acts of the major part of the trustees valid

Power of appointing new trustees

Trustees not to be answerable for one another

May retain their expences

Covenant that creditors will indemnify trustees
Usual covenants for the title by the debtor
Covenant by trustees to pay rent, and indemnify
debtor

vi. 190

vi. 191

ib.

vi. 192

ib.

ib.

193

ib.

ib.

ib.

vi. 194

vi. 196

ib.

vi. 197

ib.

vi. 202

Proviso to avoid deed, if creditors do not come in vi. 204
Bargain and sale of freehold estates from commis-
sioners of bankrupt to assignees

vi, 207

Assignment from commissioners of bankrupt to
assignees

vi. 218

Provisional assignment from the commissioners
Assignment from provisional assignees to general
assignors

vi. 227

vi. 233

DECLARATION to lead the uses of a fine, form of i. 111, 232
Formerly very common, and now recommended on

account of the pressure of the stamp duties i. 106 n. 1.

Vol. Page,

DECLARATION.-Continued.
When it relates to a fine already levied, it should
be by deed, and as it seems by an indenture;
but if it respects a fine to be levied, it may
be directed by any writing
i. 115. n. 11

The uses not only of the particular fine, but of
all former and other fines, ought to be at the
same time declared

i. 114. n. 9

Form of declaration of the uses of a recovery
That mortgage money shall be paid out of the
personalty

Of the uses of fines

DECLARATION OF USES in marriage settlements

i. 232

i. 366

ii. 8, 12

in respect of freeholds

vi. 532

In a covenant to surrender copyholds in a marriage

settlement

vi. 500

Where the copyholds are fettered by a prior en-

tail

vi. 504

vi. 572

ib.

That settlement is in bar of dower

That settlement shall not prejudice the wife's
dower

DECLARATION OF THE TRUSTS of a fine in

marriage settlements'

To raise an annuity for wife

vi. 416, 417, 428
vi. 428

To raise an annuity for wife in case of separation vi. 431,

In marriage settlements, that trustees shall be pos-
sessed of leaseholds for the husband until mar-
riage

Afterwards for husband's life

After death of both, for children, as husband and

wife shall appoint

vi. 581

In default of appointment for the creditors

vi. 584

Or otherwise, upon trust to sell, and divide
the monies amongst children

vi. 585

In default of children, upon trust for husband

vi. 588

For the wife absolutely

vi. 645

Of trusts in respect of monies in funds, or other

specific property settled

vi. 629

That the issue of children shall have the parent's
share

vi. 590

In trust for the wife's appointment

vi. 591

In trust as to one moiety for the husband, and as to
the other for wife

vi. 646

DEVISE. No lien upon a legal indenture

i. 181

Recital of

i. 197

But it is a lien upon an equity of redemption

i. 362

DEED. Time of delivery of, the proper date

Vol.

Page.

i. 154. n.3

DEEDS AND COPIES, grant of in deeds of feoffment i.
In a bargain and sale to be enrolled
In a deed of appointment

In deeds of release

The purchaser is entitled to a covenant to produce
them when retained by the vendor

The purchaser of an estate for life, is entitled to
hold the deeds

Where a vendor enters into an express warranty of
title, there should be an express grant of title
deeds, otherwise the vendor will be entitled to
hold the deeds for the maintenance of his war-
ranty

Defeazance of a mortgage by a separate instrument
not advisable

96

i. 120

i. 138

i. 170

i. 187

i. 248

i. 96 n. 17

i. 229

iv. 71

i. 174
i. 183, 187

DEFECT OF TITLE should not appear on face of
deed

How to be provided against

Proviso to whom purchase money in case of de-
fect of title

DELIVERY OF DEEDS. The time of the proper date

i. 187

i. 154 n. S

DEMESNE. The words "in his demesne" to be omitted
in the conveyance of incorporeal hereditaments,
which do not lie in tenure

DEMISE of part freehold and part copyhold
Mortgage by

i. 377

iii. 265

iv. 122

DESCRIPTION OF PARCELS. Directions respecting i. 161,

162, 163 et plurim

DISSOLUTION OF COPARTNERSHIP, should be ad-
vertised in the Gazette, and circular notices sent
to all the creditors of the firm

vi. 338, 351

The dissolution may be by separate deed or in-
dorsement

vi. 333

The assignment of a retiring partner, is no protec-
tion to him against the partnership debt

Vol. Page.

DISSOLUTION OF COPARTNERSHIP.-Continued.
Covenant that retiring partner has not disposed of

his share

Nor incumbered the copartnership stock
Nor will release or incumber the same
That he will execute further assurances
And permit his name to be used

That retiring party will not solicit customers, nor

set up the same trade within a certain distance vi. 348
That continuing partner will pay debts, and in-
demnify

That he will pay the instalments secured to the re-
tiring partner

And produce receipts for the debts paid
DISTRESS, Power of, against the lessor in an under-
lease

Power of in annuity deeds, and observations on the
effect of

DOWER. A bargain and sale inrolled, cannot be
made to the use of a trustee to prevent dower

ib.

vi. 350

iii.

ib.

v. 304

i. 121 n. 18

Order of naming the parties in a bargain and sale
for a year where the release contains a trustee to
prevent dower
Dower of the wife in freehold and copyhold lands,
and how bound
Conveyance by a vendor to a purchaser, and his

i. 147
i. 257, 260

trustee for preventing dower, with variations in
the form

i. 515

By a man and wife to a purchaser and trustee to pre-
vent dower

i. 320

The various limitations to prevent dower
Dower in London may be barred by bargain and sale
enrolled in the court of hustings

i. 522

ii. 8

The assignment of an outstanding term, not to he
relied on as a preventive of dower

ib.

The wife is entitled to dower only out of estates of
inheritance, and not out of descendible to free-
hold leases

The settleinent of freehold lands on wife, will be

a bar of dower, though she be an infant
But not so as to copyholds,

Jointure will bar dower

Declaration that settlement shall be in lieu of

dower

Not to be adeemed in bar of dower

'ii. 473

vi. 370

ib.

vi. 411

vi. 572

ib.

E.

ECCLESIASTICAL PERSONS. Leases from under the

stat. 32 Hen. 8. c. 28. binding on successors iii. 398, 400
Form of leases from

iii, 398

ENFEOFF is the technical and operative word in a deed

of feoffment

ENTAIL how barred

Vol. Page.

i. 94

i. 214

i. 214, 215

iii. 60

Equitable estates tail, freehold or copyhold, how
barred

ENTRY, until actual, a lessee has only a right of pos-

session

A right of entry is incidental to lands excepted

EQUITY OF REDEMPTION of freehold, conveyance of

to a purchaser

Mode of conveying it, observations on

In copyholds will pass by release alone, without sur-
render

When the mortgagee is the purchaser thereof

Conveyance of by indorsement

Conveyance of by.deed poll

Mortgage of

Not subject to dower

ii. 263

i. 349

ib.

ib.

i. 350

ib.

ib.

iv. 291

ib.

ib.

But is subject to the curtesy

Mortgage of not an eligible security, unless the

mortgagee can get in an outstanding term, or
redeem

Mortgage of in leaseholds

ESTOVERS allowed by law for repairs

ib.

v. 122

iii. 269

Reyocation of

iii. 278

ERRORS of description of premises in an agreement,
may be stipulated not to vacate the contract
E contra that they shall

EXECUTION OF DEEDS, practical directions thereon i. 188

EXECUTORS may sell specific property to pay debts,

and the purchaser will be protected, unless he has
had notice that the debts, &c. have been wholly
satisfied

If not beneficially interested, they ought only to
Covenant that they have done no act to incum-
ber
Should be named in an agreement for the sale of a
real estate as well as heirs

ii. 685

ii. 691

i. 5 n.

iii. 59, 202

iii. 202

iii. 305

iii. 291

iii. 304