CANAL, company, cannot acquire right to water for other purposes, 7. waste water from, right to, as an easement, 9. CANCELLATION, of will is not revocation, 418, 420. CAPITAL MONEY. See SETTLED LAND ACTS. CATTLE, right to water, an easement, 6. CATTLE GATES, nature of, 30. CESTUI QUE TRUST, actions by, when barred, 231, 232, 234. interest between trustee and, 193. possession by, effect of, 118, 122, 129, 130, 152. tenant at will to trustee, whether, 126, 129, 130. CHANCEL, rights with regard to, 89, 90. CHANCERY DIVISION, advice of, trustees may apply for, 554, 555. decrees of, enforcement of, 459–461. Fines and Recoveries Act, jurisdiction excluded as to disposition under, forfeiture for breach of covenant, relief granted from, 587-589, 633, infant, settlements on marriage of, may sanction, 312-314. See SETTLEMENT. protector of settlement, when to be, 266. consent by, when, 275, 276. rules of equity excluded in case of protector, 268. restraint on anticipation, may release, 605. sale of minerals and surface apart, may sanction, 735-737. of land of judgment debtor, may order, 479. Settled Estates Act, may authorize leases and sales under, 644 et seq. Settled Land Acts, jurisdiction under, 702. See SETTLED LAND Acts. Trustee Acts, powers under. See TRUSTEE Acts. Vendor and Purchaser Act, may decide questions of title under, 568–571. CHARGE, debts on real estate, what amounts to, 387. power to raise money to pay debts, where, 386. power of sale in executor, 388, 389. protection of purchasers, 390. interest on, arrears recoverable, 188. judgment, a charge on land, 451-454. See JUDGMENT. charged on stock, &c., 454-457. land, on, registration of, 482, 483. searches for, 483, 484. time within which action should be brought on, 176, 179-181, legacies on real estate, of, 387. limitation of actions to recover money charged on land, 176, 179, 180, 198, 199. express trust, in case of, 151, 181, 189, 200, see 231. simple contract debts not a charge on land under 3 & 4 Will. 4, c. 104, specialty debts are not a charge on the land, 370. CHARGING ORDER, annuities, on, 454, 455. Bankruptcy Act, charging order not execution within sect. 45..457. Court, on stock, &c. in, 455. dividends, on, ib. effect of, 454, 457. ex parte in the first instance, 458. f. fa., charging order to assist, 450. form of, 456. glebe and, no unity of possession of, 12. light for, claim to, ib. married woman to, gift by, not within Married Women's Property Act, 1882..326. way through, prescription for, 22. CHURCH PROPERTY, within what time may be recovered, 163. acknowledgments of married women, for taking, 300-302. See ACKNOW- Inclosure, powers vested in Board of Agriculture, 41. Sewers, of, rights of, 80. stranger, may include cattle of, 33. beasts, commonable, what are, 31, 32. bote, house, plough, &c., 36. commoner, interest and right of, 41. conveyance of right of, ib. copyholders, claim by, for, 23, 31, 37. corporation, claim by, 22. custom, claim by, 23, 37. demise by parol of, how far good, 47. different kinds of, 30. disturbance, remedies for, 43-45. dwellers in a manor, claim by, 23, 37. enfranchisement, effect of, 42. COMMON-continued. establish rights of, action to, 44. evidence of right of, 3, 4. fold course, what is, 32. freeholders of manor, claim by, 23, 31. gross, in, nature of, 35. tithes of, ib. inclosure, effect of, 34. acquiescence in, effect of, 43. inhabitants, claim by, 37. interruptions to right of, 15. levant and couchant, meaning of, 32. of interest of commoner, 41. new house, for, 25. non-user, effect of, 29. occupiers, claim by, 23, 31. pannage, right of, 31. pasturage, sole, claim for, 30. piscary, of, 37. pleading prescriptive right to, 33. in action of trespass against persons claiming common, 43. Аст. charging order on shares in, 454–458. interest in winding-up, 193. liability of member of, a specialty, 203, 385. married woman, shares belonging to, 319, 323, 330-332. statutory powers, by, exercise of, 81, 82. vesting order as to shares in, effect of, 509, 513, 535, 539. See TRUSTEE CONFIRMATION OF SALES, disposition under a power of surface and minerals apart, 735–737. CONSOLIDATION OF MORTGAGES, restriction on, 590. CONSTRUCTION OF WILLS. See DEVISE-WILL. children who leave issue, gifts to, not to lapse, 433, 434. date from which will speaks, 422–425. excepting clauses, with reference to, 425. lunatic, in case of will of a, ib. married woman, in case of will of a, 405, 406. objects of gifts, with reference to, 425. powers, with reference to the execution of, 429. devise, without words of limitation, passes the fee, 430. executor or trustee, in the case of, passes the fee, 432. of "rents and profits," or "income" passes the fee, 430. "die without issue," meaning of, 431, 432. domicil, change of, not to affect, 439. estate tail, no lapse, when issue living, 433. fee, passes where no words of limitation, 430, 432. foreign language, in, what documents looked at, 438. heir, devise to, effect of, 357, 360. husband and wife and third person, gift to, 326, Add. land, general devise of, includes copyhold and leasehold, 426. powers of appointment, appointee predeceasing testator, 428. children who leave issue, appointments to, not to lapse, 434. general, exercised by general gift, 426-430. general pecuniary legacies will exercise general power, 428. general residuary gift will exercise general power, ib. married woman, exercise of power by general gift, 406, 428. special powers not exercised by general gift unless intention ap- survivor, given to, whether exercisable by will during joint lives, power of revocation and new appointment, exercised by will, 429. "rents and profits," devise of, passes the fee, 430. residuary devise includes lapsed and void devises, 425. trustees, devise to, effect of, 432. CONSTRUCTIVE NOTICE, to purchasers, restriction of, 629. CONSTRUCTIVE TRUSTS, whether time runs in case of, 231, 235, see 150, 235. |