c. 17, s. 5. 39 & 40 Vict. quent sale, the shares of the other persons interested in the proceeds of the subsequent sale shall abate to the extent (if any) to which they were increased by the non-participation of the excluded person in the proceeds of the previous sale, and shall to that extent be applied in or towards payment to that person of the share to which he would have been entitled in the proceeds of the previous sale if his claim thereto had been established in due time. Request by married woman, infant, or person under disability. Action for partition to include action for sale and 6. In an action for partition a request for sale may be made or an undertaking to purchase given on the part of a married woman, infant, person of unsound mind, or person under any other disability, by the next friend, guardian, committee in lunacy (if so authorized by order in lunacy), or other person authorized to act on behalf of the person under such disability, but the court shall not be bound to comply with any such request or undertaking on the part of an infant unless it appear that the sale or purchase will be for his benefit (c). (c) The authority to act on behalf of the person under disability must be to act in the action (Rimington v. Hartley, 14 Ch. D. 632); and the authority must be given in some special manner (Wallace v. Greenwood, 16 Ch. D. 365). In the case of a married woman, or an infant, a request by counsel is not sufficient (Wallace v. Greenwood, 16 Ch. D. 362; Howard v. Jalland, 1891, W. N. 210; contra, Crookes v. Whitworth, 10 Ch. D. 289). A written request, signed by the married woman, authorizing and requesting her solicitor to instruct counsel to ask for sale has been held sufficient (Grange v. White, 18 Ch. D. 612). The request of an infant may be made by his next friend or guardian ad litem, but the sale must be shown to be for his benefit (Rimington v. Hartley, 14 Ch. D. 630; Miles v. Jarvis, 50 L. T. 48; contra, Platt v. Platt, 28 W. R. 533). An action may be brought, or a request made by the next friend of a person of unsound mind, not so found, but it must be shown that the sale is for his benefit (Porter v. Porter, 37 Ch. D. 420; Watt v. Leach, 26 W. R. 475). 7. For the purposes of the Partition Act, 1868, and of this act, an action for partition shall include an action for sale and distribution of the proceeds, and in an action for partition it distribution of shall be sufficient to claim a sale and distribution of the proceeds, the proceeds. and it shall not be necessary to claim a partition. beyond the seas, of creditor, does not prevent time running, 228, see 204, 216. of defendant, prevents time running, 204, 216, 217, 228. of person claiming land or rent, does not prevent time running, 196, see 141. what is beyond the seas, 228, see 145, 207. decree may be made in absence of trustee, 528, 529. ACKNOWLEDGMENT, by testator of his signature to will, 407, 408 of debt under seal, implies covenant to pay, 385. of deeds not necessary before inrolment under Fines and Recoveries Act, 290, 291. ACKNOWLEDGMENT OF DEEDS BY MARRIED WOMEN, agent to make and receive, who is, 161, 183, 184. when acknowledgments may be made by, 176, 182, 183, 218, 226 different sections as to, 139. in the recovery of land or rent, 138-140. agent, may be made to, 138, 158. as to mortgages, 158-161, 197. to, 138, 158, 176, 219, 226. after twenty years' possession, 160, 168. in the recovery of money charged on land, legacies, arrears of rent and interest, by and to whom may be given, 176, 182, 183, 184. by payment, 176, 182, 183. in writing, 176, 183-185. in the recovery of debts by specialty, in writing, 205. by payment, 205–207. ACKNOWLEDGMENTS UNDER THE STATUTES OF LIMITA- TION-continued. in the recovery of simple contract debts, in writing, 217. by whom acknowledgment must be given, 218, 219. effect of an acknowledgment, ib.' construction of an acknowledgment, ib. amount need not be stated, ib. exempted from stamp duty, ib. what is a sufficient acknowledgment, ib. instances of sufficient acknowledgments, 220-222. by payment, 218, 224. appropriation of payments in case of several debts, 224. modes in which payment can be made, 225, 226. not essential money should pass, 225. by whom may be made, 226, 227. joint contractor, 226, 229, 230. to whom may be made, 226. ACQUIESCENCE. See LACHES. breach of trust, in, 157. creditor, by, in distribution of assets, 156, 227. disturbance of rights, in, of air, 100. of light, 98, 99. of water, 78, see 80. effect in barring rights of action, 156-158, 233. laches and, difference between, 157. lessees, by, when binding on reversioner, in case of light, 12. private ways, 8, 61, see 20. public ways, 51. water, 4, 71, see 20. pollution of stream, in, 80. Statute of Limitations not to interfere with rules of equity as to, 156, see 233. married woman, by or against, 325, 326, 327, 333. real, abolition of, 169, 170. time within which must be brought. See LIMITATION OF ACTIONS. ADMINISTRATION ACTION, bankruptcy rules, how far imported into, 383. effect on running of time, 237. executor protected by decree in, 551, 552. interest, computation of, in, 193. plaintiff not a judgment creditor within 27 & 28 Vict. c. 112, s. 4..479. registration as lis pendens does not interfere with executor, 465. Statutes of Limitations, setting up, in, 236. ADMINISTRATOR, advice of Court, application for, 554, 557. covenants, liability for, 551, 552. distinction between executor and, 125. distribution of assets by, after notice, 553. judgments, protected against unregistered, 472, 473, see 481, 482. limitation of actions by or against, for injuries to property, 201, 202. protector of settlement, not to be, 263. 182, 236. rents, covenants, and rent-charges, liability for, 551, 552. forfeiture of dower by, 343, see 171. ADVERSE POSSESSION, 3 & 4 Will. 4, c. 27, before, 115-117. crown, against the, 110, 112. curtesy will be prevented by, 351. incorporeal rights, in case of, 45. infants, against, 117, 118, 137, 141, see 190. interruption of, what acts sufficient, 136, see 127. not adverse at the passing of 3 & 4 Will. 4, c. 27..140, 141. ADVERTISEMENT, creditors, for, by executor or administrator, 553, 554. acknowledgment of debt, does not amount to, 220. claim in answer to, does not prevent time running, 238. Partition Acts, under, instead of service, 747. Settled Estates Act, under, 654, 655, 667, 674. ADVICE OF COURT, application for by trustees, executors, &c., 554, 557. action of account against, date from which time runs, 210. interest allowed between principal and, 193. land, appointed trustee and allowed commission, 520. who is, to give and receive acknowledgments of debts, 161, 183, 184. |