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He is accountable for waste, unless he has been in
possession for twenty years

In which case he is irredeemable unless there has
been an intervening disability, in which case
ten years further are allowed
There is also an exception where accounts have
been settled, or there has been a clear admission
that the mortgage is subsisting
Mortgagee by demise ought to be expressly ex-
empted from impeachment of waste
Until the mortgagee of copyholds is actually ad-
mitted, the legal estate is in the mortgagor and
mortgagee is seldom admitted until after for-

His security not impaired for want of admission
Cannot compel mortgagor to renew leases for lives,
but he may himself renew, and charge the fines
and fees

Of leaseholds for a term of years, how far liable to
the original lessor

Not liable to rent or covenants in lease until he
takes actual possession

MORTGAGOR in possession, may cut underwood

iv. 92



iv. 129

iv. 194

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v. 35, 47
iv. 93

If he has not reserved power to cut timber, he
may be restrained

Proviso, allowing him to fell timber

Restraining him therefrom

Leases granted by him subsequent to the mort-


will be void

Covenant by to repair and insure

Power to grant leases

May appoint a receiver to keep down the interest
Form of such power of appointment

A stipulation that the mortgagor on default, shall
convey the inheritance considered valid, though
not so, if it be upon condition to advance a fur-
ther sum

Sed quere, the difference

And vide cases to the contrary


iv. 106


iv. 93

iv. 101

iv. 104

iv. 108


iv. 123, 142

iv. 142

iv. 91

iv. 194

Bis equity of redemption in copy holds will pass
by will without surrender

On the re-admission of mortgagor to copyholds he
takes a new descendible estate, and not accord-
ing to his former ownership, consequently
he should again surrender to the use of his will iv. 195
His personal estate liable to pay the mortgage of
the wife's estate, unless made for payment of
her debts due at the time of marriage

iv. 399


NEGROES by the colonial laws of the West islands, pass as a freehold property

NOMINE PŒNA. Form of in leases

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i. 304 n. 17

May be introduced into agreements for the pur-
chase of an estate, but it is of little effect, and
the reason thereof

iii. 339

i. 22, 23, n. 31

Note also, that if introduced, the instrument should
as a specially obligation be under the seals of the
trustees, and not simply signed by them-Editor.

/ NOTICE to let reserved in leases, and why

iii. 73

iv. 78 i. 367, 368

Form of notice to pay off mortgage money
Necessary to a mortgagor, and also to a mortgagee
where the security is transferred

To an agent is notice to a principal
NUSANCE. See Covenants in Leases.

ii. 111

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Offices of a judicial nature cannot be executed
by deputy


Nor can a deputy depute another


May be granted in fee for life

Offices durante se bene gesserint freehold

Distinction between judicial and ministerial offices

ORAL conveyances

i. 445, 448

i. 448


i. 160


PARCELS should be accurately described with all the
alterations of circumstances, since any former
i. 95, 161

In a lease for a year, must precisely correspond
with the description of those in the release, as
nothing will pass by the latter, which were not
previously vested by the lease

i. 150

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PARTITION. A power to make partition, should be

inserted in marriage settlements

vi. 512

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PERCEIVE. Force and operation of the word in

PERPETUITIES. By 39 and 40 Geo. 3. the utmost

length to which the limitation of personalties,
or the rents and profits of a real estate can be
extended, is for any number of lives in being, at
the death of the testator, and twenty-one years
and a few months (the months of gestation) af-

And although this limitation be exceeded, it is not
therefore void, but will be good for the time

PIN MONEY. Sum raised to pay an annuity by way
of pin money

v. 297

vi. 784


vi. 377

PLAINT in lord's court, to prosecute the writ de droit i. 229,

PLANTATIONS in the West Indies, lease for a year

not necessary in conveyance of

Form of conveyance of

No necessity for a lease for a year in the convey-
ance of

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i. 166, 303

i. 301

i. 303 n. 11

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ment of in mortgage

In annuity deeds

For life, mortgage of

PORTIONS vest in children at the age of twenty-one

v. 354

v. 214

or day of marriage, though the parents be living vi. 443
Proviso for the avoidance of portion where the
children become reconciled to popish or other
religious celibacy

vi. 447

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POSSESSION delivered on an agreement for the pur-
chase of an estate, should be stipulated not to be
a want of objection to the title, which it other-
wise would

i. 22 n. 80

POWER OF ATTORNEY. To register a deed in the

In a deed to receive dividends

In a deed to receive a legacy

i. 311

ii. 777

ii. 790

In a deed to receive the benefit of an agreement for

a purchase, and to execute deeds

ii. 814

In a deed to deliver seizin in freehold leases

iii. 412

In a deed to receive ground rents in a mortgage

v. 171

In a deed to receive rents

vi. 44

In a deed to receive debts and personal estate vi. 66, 132


ii. 814

iii. 80

iii. 428

iii. 428, 432

Given as a security for money is irrevocable
To determine leases, law respecting

To grant leases, observations on

POWERS. All powers must be strictly pursued in the

execution of them

To grant leases, observations on

To lease, without having any interest, cannot be
executed by attorney, except so expressed in
the deed

vi. 454

vi. 455

To grant a lease in possession, does not authorise
the grant of one to commence at a future day vi. 456
To sell will not authorise an exchange or parti-

To appoint amongst children cannot be partially
executed to the exclusion of any one of them,
unless so expressed

To appoint amongst children does not extend to

vi. 464

vi. 582


vi. 415

Power of entry on non-payment of jointure, will
give a right to an ejectment.
Conveyance to trustees purchasing under a power i. 537
Of re-entry on non-payment of rent, &c. iii. 76, 96, 105,
125, 144, 162, 179, 196, 218, 237, 285, 297, 326, 347,
303, 378, 294, 409, 424, 442, 458, 478, 505, 522, 541,
556, 570, 589, 606, 622

Of under-lessee to distrain upon his lessor, for
ground rent, if himself distrained upon

For lessor to use ways

iii. 128

in. 219

iii. 277, 504

iii. 364

For lessee to dig for marle, for improvement of

For lessor to require a surrender of part of the pre-

mises demised on notice

Of sale on default of payment of mortgage money iv. 97
To mortgagor to grant lease
iv. 104

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vi. 470

vi. 517

vi. 519

To receive monies for equality of exchange
To enfranchise copyholds

To charge settled premises with a sum of money
To trustees to pay husband au anuuity

vi. 535

539, 587

To apply interests in maintenance of children vi.
To apply a part of portions in advancement to vi. 540,


vi. 560, 543, 689

To sell or exchange
Should be discretionary in the trustees to sell at
reasonable prices

vi. 464

Of revocation to effect such sale or exchange vi. 468, 549,

Of appointing new uses thereon should be expressly


vi. 469

And it should be general

vi. 470

To lay out monies in the purchase of other lands,

to be settled to same uses

vi. 551, 691

Of jointuring future wife

vi. 461

To wife to make a will

vi. 593

To purchase lands must be strictly pursued

Of maintenance and education in settlement of

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To reduce wife's interest if she marries again
To invest trust monies in the purchase of land

PRÆCIPE, or writ of covenant, the first part or pro-

ceeding in a fine
PRESCRIPTION. Agreement or proviso for, amongst
joint tenants, tenants in common, or coparcen-


Liberty of in leases of mining concerns

i. 510

iii. 48

Right of reserved to lessor in mining leases iii. 318, 325

PRESENTATION. Right of agreement for purchase of i. 384
Form of grant

The next or other right of presentation is only a
chattel interest



vi. 632

vi. 648

i. 106

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