PAYMENT of interest (3 & 4 Wm. IV. c. 27, s. 40, &c.)—continued.

by tenant for life, 232.

one of two devisees, 231.

mortgagee, effect on surety of, 233.

PAYMENT of interest on debt under 3 & 4 Wm. IV. c. 42, s. 5.. 153.
by assignee of equity of redemption, 155.

devisee for life, 158.
co-contractor, 159.
tenant for life, 232.
proof of, 157.

PAYMENT of interest on mortgage debt (7 Wm. IV. and 1 Vict.
c. 28), 455.

how affecting stranger in possession, 461.

by one of several owners of equity of redemption, 461.
after lapse of 12 years, 462.

PAYMENT of rent, by sub-tenant to head landlord, 27, 370.
tenant at will, 344.

to agent, 363.

when time runs from last, 302.

after lapse of statutory period, 362.

PAYMENT (General),

of cheque, 30.

bill or note on expiration of specified period, 31.

debt by heir or devisee, 35.

negotiable instrument taken as, 41.

presumption of, 67, 141.

suggestion of particular mode of, not an acknowledgment, 100.

indorsement of, on bill or note, 121.

of dividend in bankruptcy &c., 128.

by personal representative, 129.

of instalment of annuity, present right to receive, 181.

money out of court, petition for, 195, 209.

into court, 110.

creditor's demand under order of Landed Estates Court, 227.
by executor to beneficiaries under will in preference to creditors,
250.

of sum of money as rent, 363.

mortgage debt, possession by mortgagor after, 355, 436.

principal. See PART PAYMENT.

interest. See PAYMENT OF INTEREST.

PECUNIARY legacies general, 185.

acknowledgment of title, 341, 346.

INDEX.

disabilities in, 513.

pleading the statute in, 514, 544.

PENALTY under bye-laws made under charter, 7.
given to party grieved, action for, 141, 145, 512.
for not setting out tithes, 278.

building beyond line of frontage, 532.

limitation for actions for, 511.

imposed for act which is also offence at common law, 514.
pleading the statute in action for, 514.

summary proceedings for, 532.

PENDING account, admission of, 99.

action, possession of Court by receiver, 425.
litigation, 569.

PERIOD of limitation under 21 Jac. I. c. 16..3.

3 & 4 Wm. IV. c. 42, s. 3..141.

3 & 4 Wm. c. 27, s. 42..142.

3 & 4 Wm. IV. c. 27, s. 2, and 37 & 38

Vict. c. 57, s. 1..276.

action must be commenced before end of last day of, 31.

payment of rent after lapse of, 362.

interest after lapse of, 462.

PERIODICAL sum of money, payable out of land, 280.
secured by express trust, 433.

PERMISSIVE waste by deceased person, action against executors for,

137.

admission that occupation is, 341, 343.

PERSON, definition of, in 3 & 4 Wm. IV. c. 27, s. 1..285.
dying intestate, claim to personal estate of, 172.

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

"last entitled to any particular estate," meaning of, in 37 & 38
Vict. c. 57, s. 2..324, 325.

in whose favour statute is running, 495.

PERSONAL actions governed by 21 Jac. I. c. 16.. 3.

suspension of, 41.

pleading the statute in, 542.

3 & 4 Wm. IV. c. 42..141.

PERSONAL estate (of intestate) claims to, 172.

annuity recoverable out of, 194.

action to charge, for money payable out of realty, 202.

PERSONAL estate-continued.

executors trustees of for creditors, 257.

devised as realty, 257.

of deceased person, petition of right in respect of, 174, 518.

PERSONAL representative, time not running unless there is, 50.
action by, 52.

on bond, 148.

part payment by, 129.

actions of tort by and against, 135.

rights of, on death under disability of person entitled, 151.
disability of, 151.

liability of, on death beyond seas of person liable, 151.

of intestate, action against, 172.

revivor against, 177.

of trustee, liability of, 442.

acknowledgment made to, 550.

See EXECUTOR AND ADMINISTRATOR.

PERSONAL remedies for the recovery of money charged on land, 163.
liability of trustee to cestui que trust, 430.

Acts, limitations under, 588.

PERSONALTY, those entitled to, setting up statute in administration
actions, 22.

debt deducted from lapsed share of, 24.

right of heir who has paid debt to recover from, 35.

payment of interest by executor keeping debt alive against, 130.
annuity payable out of, 182.

mortgage of reversionary interest in, 197, 205, 241.

PETITION in bankruptcy founded on statute-barred debt, 18.

for payment of money out of Court, 195, 209.
municipal election, 536.

parliamentary election, 537.

for sale in Landed Estates Court, effect of, 571.

of right, 518.

judgment, 169.

in respect of personal estate of deceased person, 174, 518.

PETITIONING creditor's debt in bankruptcy, 18.

PIGOT'S Act (3 & 4 Vict. c. 105). See Table of Statutes, p. lxxxi.

PLAINTIFF, disability of absence beyond seas abolished in case
of, 55, 150.

under disability may sue, 56, 150.

in ejectment must allege and prove possessory title unbarred, 299,

INDEX.

PLEA of the statute, in action against local board for mandamus, 13.

by devisees, 22.

reply of fraudulent concealment to, 37, 38, 556.

promise not to take advantage of, 94, 554.

when not necessary, 542, 544, 545.

form of, 545, 553.

allowance of amendment introducing, 558.
what is put in issue by traverse of, 546, 547.
does not deny plaintiff's right to sue, 547.

PLEADING the statute, in administration actions, 22, 546.
in reply to defence of set-off, 24.

actions for the recovery of land, 299, 493, 545.

personal actions, 542.

penal actions, 542.

actions of debt, 543.

actions of trespass, 545.

actions on bills and notes, 549.

under 3 & 4 Wm. IV. c. 27, s. 9..369.

PLEDGE, title-deeds wrongfully deposited by way of, 44.

POACHING at night, 528.

POLICE magistrates, limitation for action against, 585.
constables, 585.

POLICY of assurance, action on, 40.

assigned to mortgagee, effect of payment of, 227.

POOR Laws Amendment Act, 1834, limitations under, 581.

Law Commissioners, removal by certiorari of rule &c. of, 541.

of a parish, class of persons within 3 & 4 Wm. IV. c. 27, s. 1.. 285.

POSSESSIO fratris, 378.

POSSESSION becoming unlawful, time in detinue runs from, 43.
of title deeds, 43.

mortgagee's right to obtain, 164, 457.

of prior incumbrancer, 143, 216.

account between mortgagor and mortgagee in, 208.
accounts kept by mortgagee in, 468.

adverse, 239, 274.

not adverse at the passing of 3 & 4 Wm. IV. c. 27..388.
of trustee on express trusts, 246, 427.