DISABILITY under 21 Jac. I. c. 16, s. 7—continued.

of defendant, 55.

one co-plaintiff, 59.

co-defendant, 60.

person dying under, rights of executor of, 62.

administrator of, 62.

executor of testator dying under disability, 63.

creditor when acknowledgment made, 105.
must be replied specially, 546.

rejoinder to reply of, 547.

DISABILITY under 3 & 4 Wm. IV. c. 42, s. 4..149.

same rules apply as under statute of James, 150.

DISABILITY under 3 & 4 Wm. IV. c. 27, s. 40, or 37 & 38 Vict.
c. 57, s. 8.. 190.

no express provision for, 190.

practical provision for, 190.

no allowance for absence beyond seas, 191.

of one of several joint creditors, 191.

DISABILITY under 3 & 4 Wm. IV. c. 27, s. 18, or 37 and 38 Vict.

c. 57, ss. 3, 4, 5, 9.. 274, 390.

of coverture, 390, 392.

effect of Married Women's Property Act, 1882, on, 392.

death of persons under, 393.

no saving for in 3 & 4 Wm. IV. c. 27, s. 15.. 389.

of person entitled to present to benefice, 491.

in cases of estates tail, 393, 409.

transfer of estate during, 399.

of one co-parcener, 400.

subsequent does not prevent time running, 410.

DISABILITY, account allowed through whole period of, 240.
laches or acquiescence not imputed to persons under, 267.
cases where no provision for, 136, 196, 217, 389, 469, 470, 491.

DISCHARGE, there must be a person capable of giving under 37 & 38
Vict. c. 57, s. 8..175, 190.

of land from tithes, 278.

of one joint debtor, 554.

DISCLAIMER of trust by trustee, 427.

DISCONTINUANCE does not defeat right of entry, 273, 412.

of action by solicitor, 38.

possession, 287, 288.

what is, 289.

DISCONTINUANCE-continued.

of estate tail, 289.

receipt of rent, 301, 303.

by wrongful claimant, 371.

possession by grantor of particular estate, 319.
before 3 & 4 Wm. IV. c. 27..373.

DISCOVERY of cause of action prevented by fraud, 37, 261.

fraud prevented by misrepresentations of partner, 260.
possible with reasonable diligence, 451.

DISHONOUR of bill, notice of, 35.

when bill taken in payment of debt, cause of action suspended
till, 41.

DISQUALIFICATION after election to corporate office, time running
from, 535.

DISSEISIN, 373, 376.

outstanding legal fee acquired by, 424.

DISSEISOR acquiring title to land as against trustee, 425.

DISSOLUTION of partnership, time running on, 36.

DISTRAIN. See DISTRESS.

DISTRESS limitation of right of, 142, 193, 201, 273, 276, 336.
person entitled to reversion, right of to, 279.

for arrears of quit-rent, 301.

annuity charged on land, 306.

services, 358.

canal tolls, 590.

Church Rates, limitation of proceedings as to, 580.

by reversioner, 319.

mortgagee's right to for rent-charge, 457.

DISTRICT surveyor, action against, 585.

DISTURBANCE of trust by trustee conveying for value, 427.

DIVIDEND under bankruptcy, payment of, 128.

composition deed, payment of, 126.

DOWER, arrears of, 218, 508.

action by widow to obtain assignment of, 284, 508.

writ of right of, 411.

unde nihil habet, writ of, 411.

DRAWER of Bill of Exchange and holder, time reasonable for present-
ment as between, 29.

having no means of meeting, presentment unne-

cessary, 29.

cheque, action against, 30.

bill sued by accommodation acceptor, 32.

payee, 34.

DUCHY of Cornwall, limitations affecting, 523.

ECCLESIASTICAL Commissioners, 481.
Corporations, property of, 479, 482.
Courts, suits in, 509.

EJECTMENT by mortgagee, arrears of interest payable on stay of, 207.

for non-payment of rent, 214.

in Ireland, 336, 337.

limitation of action of before 3 & 4 Wm. IV. c. 27..272.

pleading in, 299, 544.

by 37 & 38 Vict, c. 57..273, 286.

lessor's right to recover in, 329.

brought simply to recover possession, 373.
by one tenant in common, 376.

admission that person has recovered in, 385.
writ of, 411.

action for recovery of land substituted for, 412.
in name of trustee by cestui que trust, 418.

ELECTION, limitations as to prosecutions in reference to, 535.
municipal, application for information in nature of

after, 535.

petition municipal, limitations for, 536.

parliamentary, limitations for, 537.

quo

warranto

ELEEMOSYNARY Corporation sole, tithes belonging to, 278.
limitation affecting, 479.

EMBARRASSMENT continuing, circumstances of excuse delay, 265.

ENCROACHMENT on mines, 42.

renewal of lease during, 328.
by tenant, 354.

copyholder, 503.

ENDORSEMENT. See INDORSEMENT.

ENFRANCHISEMENT of copyhold, when presumed, 283.

ENROLLED grant by tenant in tail in remainder, possession under,
405.

ENTAIL, limitations affecting, 401.

ENTIRETY, one co-parcener &c. in possession of, 375.

ENTRIES of payment by creditors, 121.

ENTRY right of, how lost before 3 & 4 Wm. IV. c. 27 .. 272, 411.

saved before 3 & 4 Wm. IV. c. 27 .. 272, 372.

now only lost by lapse of time, 411.

mere does not now keep alive right, 273, 372.

limitation of right of by 37 & 38 Vict. c. 57, s. 1.. 276.

seizure quousque is an, 283.

right of on forfeiture, 335, 338.

of lessor at will, 342.

trustee against cestui que trust, 355.

mortgagee, 455, 473.

under void lease, 299, 347, 447.

reversioner's right of on determination of lease, 367, 368.

on land before 3 & 4 Wm. IV. c. 27 .. 372.

after 3 & 4 Wm. IV. c. 27.. 372.

and continual claim, 372.

of marriage, mutilation of register containing, 451.

EQUITABLE construction of 21 Jac. I. c. 16, s. 4..51,

574.

4 & 5 Anne, c. 3, s. 19.. 61.

3 & 4 Wm. IV. c. 42, s. 6.. 148, 574.
23 & 24 Vict. c. 38, s. 13.. 173.

relief in redemption actions, terms of, 205.
Queen's Bench Division can now grant, 235.
in cases of fraud, 449.

ejectment mesne profits in, 240.

remedy direct of cestui que trust, 251, 417.

replication to plea of statute, 268, 554.

right to a term, 364.

claims to real property, limitations affecting, 413.
waste, 415.

limitations, persons entitled to land under, 419.

EQUITIES, disseisor gaining title to land with notice of, 425.

EQUITY of statute 21 Jac. I. c. 16.. 13, 14, 24, 55.

3 & 4 Wm IV. c. 42, s. 6.. 148.

23 & 24 Vict. c. 38, s. 13.. 173.

doctrine respecting fraud of Courts of, 37, 261.
covenant not to sue, effect of in, 40.

of marshalling, 13, 130.

concurrent administration of law and, 140, 234.

of redemption, payment of interest by assignee of, 155.

devisees in remainder of, when barred, 322.
purchased by mortgagee, 436.

settlement of, 464.

life estate in bought by mortgagee, 465.

final decree of Court of, 169.

part of, 461.

Courts of and the statutes of limitations, 234, 245, 414.
Superior Courts of, abolished, 234.

proceedings in as to real property, limitations for, 236, 276, 413.
to enforce contracts by married woman, 242.

mesne profits in, 239.

remedies of cestuis que trustent in, 251, 417.

relief refused on ground of laches and acquiescence in, 263.
indirect action of Courts of in disregarding lapse of time, 267.
tenant at will having right to a lease in, 357.

rules of as to acquiescence, 263.

preserved by 3 & 4 Wm. IV. c. 27, s. 27.. 452.
trustees enacted by Jud. Act, 1873..10, 430.

question of the statute raised on demurrer in, 557.

ERROR, proceedings in, 563, 576.

ESCAPE, action for, 141.

ESTATE, personal, of intestate proceedings to recover, 172.

real, of deceased person, action for injury to, 135.

claim of cestui que trust against trustee's, 255.

contracts binding feme covert's separate, 242.

claim against lunatic's, 243.

future, 287, 314.

tail, discontinuance of, 289.

in reversion or remainder, 314.

falling into possession, 322.

pur autre vie, time running against, 332.

immediate reversioner being owner of particular, 332.

transfer of during disability, 399.

tail, limitations affecting, 401.