Covenant by trustee that be had not incumbered. in pursuance of the trusts reposed in the said [trustee] by the withinwritten indenture, and in consideration of the sum of 10s. of lawful money of Great Britain to the said [trustee] paid by the said W. Evans, at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said [trustee] doth by these presents assign, transfer and set over, unto the said W. Evans, his executors, administrators and assigns, All that the withinmentioned sum of 10,000l. 37. per cent. consolidated bank annuities, and all other the stocks, funds, securities, dividends, interest and premises, in and by the within-written indenture assigned, or expressed and intended so to be: AND all the right, title, interest, property, possibility, claim and demand whatsoever, both at law and in equity, of him the said [trustee] of, in, to, or out of the same premises, and every part thereof, Together with all powers, remedies and means whatsoever, requisite or necessary for suing for, recovering, and giving effectual releases and discharges for the same stocks, funds, securities and premises, and every or any part thereof: To HAVE AND TO HOld, reCEIVE, TAKE AND ENJOY all and singular the premises hereby assigned, or expressed and intended so to be, unto and by the said W. Evans, his executors, administrators and assigns, for his and their own use and benefit, as part of his and their personal estate and effects, subject nevertheless to the life interest of the within-named E. Evans in the same stocks, funds, securities and premises: AND the said [trustee] doth hereby for himself, his heirs, executors and administrators, covenant and declare with and to the said W. Evans, his executors, administrators and assigns, that he the said [trustee] hath not made, done, executed or permitted any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said stocks, funds, securities and premises hereby assigned, or expressed and intended so to be, or any part thereof, are, is, can, shall or may be charged, incumbered or in any manner prejudicially affected in title, interest or otherwise howsoever. IN WITNESS, &c. (c) (c) This deed will require a 35s. stamp, but not inrolment. Court of Chancery may make decree in absence of trustee, 656. See BEYOND SEAS. ABSTRACT OF TITLE, For sixty years may be required by purchaser, 204. ACCOUNT, Of rents, to what time carried back, 272. No time fixed for, against trustees of charity, ib. Of debts of deceased person may be ordered immediately after pro- ACCOUNTANT-GENERAL, When money in hands of, may be made available for payment of ACKNOWLEDGMENT IN WRITING, Of title, when to be equivalent to receipt of rent, &c., 194. What was and was not a sufficient, 195. Variance in language of statutes requiring, 195. Mortgagor's right of redemption to be preserved by, 230. Cases as to, respecting mortgages, 233, 234. Right to money charged on land, and legacies may be preserved Right to arrears of rent or interest may be preserved by, 262. Under the 40th and 42nd sections of 3 & 4 Will. 4, c. 27..254, 256. In actions on specialties, 279. Provisions as to, extended to acknowledgments by agents, 312. Under Lord Tenterden's Act, what to be deemed sufficient to take Proviso as to joint contractors, ib. By representatives of one joint contractor, will not affect the sur- Indorsement of payments, ib. Construction of Lord Tenterden's Act, as to, 292. Part payment, 292. Must be signed by party to be charged, or his agent, 292, 312. Exempted from stamp duty, 295. ACKNOWLEDGMENT IN WRITING-continued. Must contain promise to pay, 297. With condition annexed, ib. Legal effect of, in case of debt, 298. Cases as to part payment of principal or interest within Lord Ten- terden's Act, 299. Of part payment may be proved by parol, 300. In case of joint contractors, 306. In case of debts contracted by infants, 308. Letter admitting balance, 293. Promise in writing to pay proportion of a joint debt, ib. Cases not within act, 296. ACKNOWLEDGMENT OF deeds, Not necessary previously to inrolment of disentailing conveyance, 387. By married women, provisions relating to, 402. When not to be impeached, 403. May be taken by judge of County Court, 482. Dispensed with in case of conveyance of sites for schools, 402. Relating to two or more married women, 717, 718. By an infant trustee, 409, n. (g). Rules of the Common Pleas as to taking, 421-424. See AFFIDAVITS-MARRIED WOMEN. ACKNOWLEDGMENT of testator's signature of will, when sufficient, 508. May have the same effect as original agreement, 228. Does not arise until knowledge of cestui que trust is shown, ib. Relief after, where refused, 229. Does not take place during continuance of undue influence, ib. In cases of ways, 67. watercourses, 101. ACT OF PARLIAMENT, Existence of, cannot be presumed from usage, 149. ACTION, For disturbance of enjoyment, Of rights of common, 52, 53. Of ways, 85. For obstructing watercourses, 110, 111. For fouling watercourses, 112. For disturbance of pews, 122. For obstructing lights, 128. For diverting artificial watercourse, 102. To recover land when barred, 150. By reversioner, 86, 114, 129. By landlord against lessee or assignee, 130. Of covenant will lie upon word "demise" in lease, 624. See LIMITATION OF ACTIONS. ACTIONS, Real and mixed, to be abolished, when, 242. Except for dower, quare impedit and ejectment, 243. For dower and in quare impedit, to be commenced by writ of sum- Clauses saving right to bring, 245. ACTUAL TENANT IN TAIL, Meaning of the words, 316. ADMINISTRATOR, To claim from death of the intestate, 173. Formerly time ran against, from grant of administration, ib. Distinction between executor and, ib. Relation of, title of, 173. Has no right of action until administration obtained, 174. Demise in ejectment by, ib. Not to be protector of settlement, 353. Paying under power of attorney not to be liable by reason of death Liability of, in respect of rents, covenants and agreements in leases, Liability of, in respect of rents in conveyances on rent-charges, 691. General order as to proceedings for obtaining such advice, ib. Judgments as against, to be re-registered, 612. ADVERSE POSSESSION, Questions as to, will not arise under new limitation act, when, 150, Necessary for the operation of stat. 21 Jac. 1, c. 16..159. How caused, ib. Occupation by lessee not, ib. Under an agreement for partition not, ib. When it did not arise, 160. Lessee for lives holding over after end of lease, 189. Effect of nonpayment of rent under old law, ib. Under new act, 150, 166. See TENANTS IN COMMON. Acknowledgment of title prevents, 194. May arise from occupation of part of waste, when and when not, Gives title when, 162. For twenty years, raised presumption of grant, 29. In case of market, 33. ways, water, and light, 56. By cestui que trust is not, as against trustee, and vice versâ, 221. Old rule in such case, ib. Receipt of rent by stranger did not amount to, 189. Under new act, when it will be, 150, 155, 156, 168, 169. Runs against reversioner from expiration of lease, 169. For twenty years gave a title, when, 159. Cases of possession not amounting to, 160. Possession adverse to husband, adverse to wife also, 164. Saving in new Statute of Limitations, when possession was not Construction of this clause in act, 197, 198. ADVERTISEMENT, By executors, does not revive debts barred by Statute of Limita- Of applications under Settled Estates Act required, 671. ADVICE, Application to Court of Chancery for, how to be made, 691, 695. ADVOWSON, The old Statutes of Limitations did not extend to, 236. Under new act not to be recovered, but within three incumbencies, What incumbencies after lapse to be reckoned within the period, and When remainderman, &c. claiming after estate tail shall be barred, Not to be recovered after one hundred years, ib. Judgment to operate as a charge on, 565. See BOND-LAPSE-QUARE Impedit. AFFIDAVITS, Verifying certificate of acknowledgment by married women, to be To be filed with certificate, 410. Written on paper allowed to pass, ib. By whom to be made, 411. Interlineations and erasures in, ib. In the case of acknowledgments taken abroad, ib. Before whom to be sworn, 412. Before British consul, ib. Before ambassadors and other officers, 413, 424. In case of acknowledgment by married women in Germany, 413. in Milan, ib. in Russia, ib. In Scotland and Ireland to be taken by commissioners, 412. Forms of, for verifying acknowledgment of deeds by married women, To be made by an attorney when the acknowledgment is taken To be made by a third party (either an attorney or not), and by To be made by special commissioner, 720. To be made by a special commissioner when more than one To be made by an attorney (not being a commissioner taking the To be made by one of the commissioners when more than one To be made by a third party (either an attorney or not) and by To be delivered to proper officer within a month, 422. Required on application by wife to alien without husband, 419. In applications for advice of court, 692. See ACKNOWLEDGMENT OF DEEDS. |