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Vol. Page.
APPOINTMENT.-Continued.

Deed of should be registered where the lands lie
in a registered county

i. 145
Is not a conveyance of the estate itself, but a li-
mitation of the use

ü. 364
Particular observations on powers of appointment ib.
Power of appointment to a feme covert may be ese-
cuted without the husband

vi. 450
For the benefit of younger children, how much,
and who are considered to be such

vi, 441
Power to appoint amongst children canuot be par-
tially made to the exclusion of some

vi. 411, 582
Power to appoint anongst children, does not ex-
tend to grand children

vi. 442
By will, is good

ib.
Cooveyance from a vendor to a purchaser under a
power of appointment

i. 130
Under a power by way of mortgage

iv. 43
Of a receiver to keep down interest on a mortgage iv. 108
To keep down annuity
Conveyance by appointment. See Conveyances.

v. 361

Wood the younger, or the survivor of them, was required to the duc
execution of that power, and to this consent two circumstances were
necessary ; first, that it should be testified by some writing under their
hands and seals ; and secondly, that the facts of their putting their hands
and seals to sucb writing should be attested by two or more credible
witnesses : so that the point in question appears to us to be simply
whether the altestation written on the indentures of March, 1778,
asserls both these facts, that is, whether the word sealed necessarily
implies that the parties who put their“ seals" put also their hands
to it, or signed it in the presence of the witnesses : which we are
of opinion it does not do according to the due interpretation and ordi-
pary sense of the word “sealed.If it were to be determined as a
matter of fact whether the signature of the words was made in the
presence of the same witnesses who attested their having sealed the
indenture of March, 1788, a jury under all the circumstances to
which their attention might be directed, might not perhaps impro-
perly presume the affirmation of such question: but as a question of
jaw, we think it must be determined by the true construction of the
terms of the attestation ; to which it appears to us that our consider.
ation must be confined ; and we do not think that the signature of
Thomas Wood and his son is comprehended in the words inade use
of in the attestation; and we are further of opinion thal the atlesla-
lion requined to constilule a due and effectual e reculion of the power
nught 10 muke a part of the same transaction with the signing and seal.
ing the writing, testifying the assent and approbation of Thomas Wood
and his sun, such being the usual and common way of allesting the exe.
culion of all instruments requiring allestation, which we think the
parties creating the power had in their conlemplation and intended, and
not an attestation to be written al a dislance of time, and it had been
proposed to cure the defect by a re-execution and new alleslation afler
all ihe parties had testified their ussenl and approbation." There was an
appeal from this decision to the House of Lords, but the matter fiually
went off upon a compromise ul audivi.-EDITOR.

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Vol. Page.
ARBITRATION. An action will not lie against par-

ties refusing to name arbitrators pursuant to
agreement

vi, 308
The award, if fairly given, is binding on the

par-
ties

vi, 307, 309
Arbitrators may award a dissolution of a co-part-
Hership

vi. 309
They may also award a conveyance of land vi, 310
The reference to arbitration is in its nature revo-

cable, therefore mutual bonds are now given
by the parties, to abide by the award

vi. 310
The reference may be made a rule of court under

9 and 10 Will. 3. c. 15, and if the parties refuse
to abide by the award, it will be a contempt vi. 311
If either party refuse to attend, arbitrators may
proceed ex parte

vi. 311
Costs may be made to abide the event of the award vi. 314
Arbitrators have no power to award costs, unless
stipulated for

vi. 315
But such costs must be borne equally by the par-
ties

ib.
May decide questions of law as well as matters of
fact

vi. 307
And where they have power to award costs, the same
are to be as between party and party

vi. 315
Reference of accounts to arbitrators is binding vi. 339
Reference to, in deeds of co-partnership

vi. 304
Price of pre-einption amongst joint tenants and
others to be settled by

i. 512
ASSETS. The personal estate of a testator is the natural

fund first subject to debts, unless he expressly
declares the contrary; and merely charging the
debts on the realty is not sufficient

vi. 783
ASSIGNMENT. A covenant not to assign, said to be
usual. (Sed qu.--Ed.)

iii. 5
Observations on such covenants

ini. 70
Breach of such covenant, what may

be

ini. 71
Licence to assign once given, destroys the restric-
tion

iii. 572
Of lease by a note in writing, must be stamped,
though not under seal

ii. 532
of leasehold premises. The liability of such,

ceases on his assigning over to another i. 46 n. 10,
But the purchaser under such is bound to indem-

nify the lessee against the rent and covenants jb.
Of terms to attend the inheritance

ii. 85
Of terms to merge an annuity

ii. 223
Of terms to secure an annuity

v. 336
Of terms to merge

ii. 310
Of a lease determinable on lives

ii. 503
Of lease for years by private contract

ii. 515

Vol. Page.
ASSIGNMENT.-Continued.
A shorter form

ii. 544
By indorsement

ii. 548
of a moiety of leasehold premises

ii. 554
Of the equity of redemption of leasehold premises ii. 566
Of leasehold premises by a lessee, or assignee, and
a mortgagee

ii. 578
By lessee, mortgagee, and annuitant

ii. 592

ii. 611
By joint tenants, or tenants in coinmon
By trustees for sale, and a lessee

ii. 622
By trustees for sale, mortgagee and lessee

ii. 638
By assignees of a bankrupt and bankrupt ii. 058
By assignees, or mortgagee and bankrupt

ii. 668
Of leasehold premises by executors or administra-
tors

ii. 683
Of leasehold premises, where part of the money

is
to remain on mortgage

ii. 694
Of the like to a purchaser and mortgagee, where
the latter advances part of the mouey

ii. 734
Of leasehold premises to joint-tenants, or tenants
in common

ji. 735
By trustees for sale, to trustees empowered to
purchase

ji. 748
By trustees of a term for raising portions ji. 761
of leasehold ground rents

ii. 767
Of life interest in bank annuities

ji. 774
Of a reversionary interest in bank annuities ii. 782
Of a legacy

ii. 788
Of a personal annuity

ii. 794
Of a patent

ii. 801
Of a share in a company

ii. 807
Of an agreement for a purchase

ii. 811
Of a policy of insurance

iv. 95
Of leasehold premises to secure an annuity
Of stock to an incoming partner

vi. 252
Of stock from a retiring partner

vi. 339
Of stock from one co-partner to another on the

expiration of the articles of co-partnership vi. 352
For the benefit of creditors. See Debtor and Cre-

ditor
ASSIGNS mean those who are in possession under
licence, or by operation of law

ii.
ASSURANCE for life, assigument of policy by way of

mortgage
Covenant for.

See the various deeds under the
article Conveyance.

v. 435

v. 214

/

Vol. Page,
ATTESTATION OF DEEDS, requisites to be ob-

served in. The word sealed does not necessarily
imply that the parties signed the deed in the
presence of the witnesses; and therefore an at-
testation of a deed of appointment without the

word signed as well as sealed, is bad i. 144 n. 41.
And see the case of Wright v. Wakeford under

article “ Appointment" supra.
ATTESTED COPIES. The purchaser is entitled to

have all necessary attested copies duly stamped
at the vendor's expence

i. 171
Must be delivered at the vendor's expence i.

i. 21 n. 29.
Should be stipulated in an agreement to be on the
proper stamps

ib.
But a condition of sale by auction may be, that

the purchasers shall be at the expence thereof,
and the reason

i. 86 n. 6.
ATTORNEY for the delivery of seizin and possession

of premises in a deed of feoffment, may be ap-
pointed by the same deed, or a separate instru-
ment

i. 92 n. 5.
Manner of executing deeds by

i. 188
There should be two parts of the power

i. 189
The attorney should execute a declaration of trust
as to the purchase money

ib.
A purchaser not bound to accept a conveyance by,

unless he knows of the appointment at the time
of contract

i. 189
Cannot delegate his authority to another, unless
anthorised by his power

ii. 778
Form of, in deed of feoffment

iv. 21
ATTORNEY, power of to receive bank annuities in
deeds of assignment

ii. 777
To deliver seizin in freehold leases

iii. 412
See also Power of Attorney.
ATTORNIES lending out client's monies on mortgage

should immediately execute a declaration of
trust, as it is doubted how far parol evidence
can be admitted to establish the trust

iv. 66
AUCTION, conditions of sale at

i. 62
Printed conditions binding, and no verbal clara-
tions at the time of sale valid.

i. 82 n. 1.
Bidders at may retract before the hammer is
down

i. 83 n. 3.
Purchasers at, where there are no persons to cove-

nant for the title: Qu. whether bound to accept
the title

i. 85 n. 5.
Agreement or memorandum of sale by, and by
whom to be signed

i. 88

Vol. rage.

AUCTION.-Continued.
Restrictions against sale by on premises

i. 89
AUCTIONEER strictly an agent for the vendor only i. 90
AVOIDANCE, agreement for purchase of

i, 61
Grant of

i. 384
Next is a chatte interest

i. 62, 63 n. 8.
Of the church, a stipulation that the mortgagor of

an advowson shall thereon preseut, doubtful iv. 322
Of lease in case of death or bankruptcy of lessee ii. 77

B.

v. 199
v. 219

1.

BANK ANNUITIES, observations on

jj. 774
A devise of, requires two witnesses

vi. 819
Assignment of a life interest in

ib.
Mortgage of the like
Mortgage of a reversionary interest therein
Bequest of. See Wills.

Settlement of. See Seltlement.
BANKRUPTCY. A mere act of bankruptcy, an objection
to the title

15 n. 20.
A purchaser not bound to take such title ils the

bankrupt had, without objection to it, though
formerly it was so

i. 16
The solicitor, or assignees of, cannot become pur-
chasers of his estate

i. 157
Conveyance of the fee from the assignees of a bank-
rupt, and the bankrupt to a purchaser

i. 157
May be reasonably required to enter into covenants
for the title

ii. 157, 158
Estates tail in possession, will pass by the commis-

sioners' bargain and sale, but not if it be
iu remainder, without the concurrence of tenant
for life

ü. 162
In what cases assignees ought to enter into co-
venants for the title

ij. 107
Assignees obliged to covenant for further assurances ii. 107
Appointment in fee by bankrupt, where his estate
is limited to a trustee to preveut

ib,
Appointment necessary, er abundanti cautela

ii. 181
Ought not to be a party where there is a restrictive
clause not to assign

ii. 633
BANKRUPTS. Commissioners are empowered to or-

der and sell freehold and copyhold lands of
bankrupt

vi. 207
Unless bona fide sold two months before the date of
the commission

vi. 208

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