ABSTRACT---continued.

wherever, refers to some prior circumstance or document not
abstracted, inquiry must be made as to it, ib.

extending back only sixty years is sometimes clearly defective, ib.
as where there are successive tenancies in tail, 67, 68

or when the abstract relates to advowsons or tithes, 68
the first deed in, sometimes falls within the sixty years, ib.

where this may be deemed satisfactory, 68, 69

where defect appears in prior title, whether a purchaser will be com
pelled to accept title, 69

of title to leaseholds, where its production can be compel-
led, 98-100

parks, warrens, forests, &c. rarely form the subject of a sepa-
rate, 117

no, usually delivered of some kinds of personal property, 123, 124
what, assignees of bankrupts must show, 178

what, must be shown on titles under, 208, 209

defects in, 306–342

where evidence, 391

to whom, belongs, 548, 549

ACCRETION,

from sea, to whom it belongs, 118

where sudden dereliction of the sea, to whom it belongs, 118, 119
ACQUIESCENCE. See WAIVER.

ACTS OF PARLIAMENT. See INCLOSURE ACTS.

private, should be abstracted, 3

what parts should be inserted, 26

a printed copy should be delivered with abstract, ib.

vendor must pay expenses of, if necessary, 61

are either private or public, 369

how, are proved, ib. 370

when, will be presumed, 417. 472, 473, 515

ADMINISTRATOR. See EXECUTOR.

difficulty where person is, and next of kin, 172

derives his authority from what, 173

ADMINISTRATORSHIP,

how proved, 378, 379

ADMINISTRATION,

letters of, de bonis non must be taken out, when executor, or surviv-

ing executor, dies intestate, to the effects of original testator, 24

when they should be abstracted, 25.

ADMINISTRATION---continued.

how they should be abstracted, ib.

when a special must be taken out to a term of years, 106

on whom expense must fall, ib.

what the best mode of taking out, 106, 107

where general, must be taken out, 170

must be seen to have been taken from the proper court, 174
will not prove the death of a person intestate, 360

ADMITTANCE,

where it will be presumed, 472

ADVOWSON,

title to, must extend further back than sixty years, 68
from what period, should commence, 111

quære,

in what case title of sixty years will be sufficient, 111, 112
whether nullum tempus act applies to, 112

how presentations in title to, should be stated, 112

where grant from the crown of, will be presumed, 112

AFFIDAVIT,

of identity of parcels when required, 11

before Master in Chancery, where it should be employed to enforce
information, 41

that no settlement exists, when taken, 45

that no will exists, 202

of caption of fine before British consul insufficient, 367

in Chancery, where admissible, 372

ALIENS,

titles under, 263

what leases to, will be void, 263

children born in America when, 264

where vendor is suspected of being, what must be proved, 264

ALLUVIAL SOIL,

title to, how gained, 118, 119

ANCIENT DEMESNE,

what abstracts of lands in, should contain, 31, 32

effect of fine or recovery on lands in, 92

where in title to, lord's title must be investigated, 92, 93

if lands are holden in, where search must be made, 93

ANCIENT WRITINGS,

when evidence of copyhold property, 363

ANNUITIES, See RENT-CHARGE

are questions of conveyance, and not of title, 59. 322

ANNUITIES-continued.

are chattels real, 94

how they are usually granted, 121
to whom, will be transmissible, ib.
what lessee for years may grant, ib.

where specific performance of contract for, will be decreed, ib.

it must be seen that, have the proper memorial, 121

what the effect of non-existence of memorial, 122

where an assignment of dividends of stock will amount to grant
of, 130

where grant of will be valid by parson on his benefice, 191, 192
where defects in a title, 322

where purchaser will be bound to take lands subject to, 322-324
where search should be made for, 324

when, will be presumed to be satisfied, 488, 491

what arrears of, may be recovered, 491, 492

by way of pin money, what arrears may be recovered of, 492, 493
ANSWER,

in Chancery, what it is evidence of, 372

how proved, ib.

APPOINTMENT. See POWERS.

where abstract commences with, the deed creating the power must

be called for, 65

illusory, may now be made, 211, 213

ARTICLES

of sale, may be prepared to meet defects in title, 35

doubtful whether, of sale by auction providing that purchaser shall
take defective title, would be held valid, 35, 36

but private, of this nature clearly valid, ib.

when marriage, must be produced, 66

ASSETS,

reversion expectant on estates for years, is, 79

for life, is, ib.

tail, is, ib.

and may be sold, 80

ASSIGNEES OF BANKRUPTS,

what should be mentioned in abstracts of, 28, 29

may sell bankrupt's interest in lands "as he held the same" by public

auction, 36

on assignment of leaseholds, by what covenants assignee must enter
into, 97

ASSIGNEES OF BANKRUPTS---continued.

will take policy of insurance, 127

where ship will pass to, 143

trust estate will not pass to, 162, 180

will be ordered to convey trust estate, ib.

titles under, 177---180

where title depends on choice of new, 177
what must be seen, ib.

what abstracts of title, must show, 178

when term of years will vest in, 178. 180

what purchasers from, may insist on, 179

on purchase of copyholds from, what should be done, ib.
if, cannot deliver title deeds, what they must do, 180

when contract by, cannot be enforced, ib.

what, must prove when their title comes in question, 380, 381
ASSIGNEES OF INSOLVENTS,

titles under, 182

when, should sell real estate of insolvent, 183

what should be done when copyholds are sold, ib.

not bound to dispose of leaseholds by public auction, ib.

in suits by, where insolvent is a competent witness, ib.
when, may concur in sale or mortgage, 187.

ASSIGNMENT,

of terms must be taken from the person in whom the legal estate
is vested, 45

what constitutes the difference between an, and an underlease, 102
mesne, of terins of years when presumed, 104, 105

purchaser or mortgagor should insist on, of all terms, 107, 108, 109
what terms should be assigned, 108

to assignees of bankrupt, when it must be proved, 380---382

of leaseholds when, will be presumed, 438, 439

on, of leaseholds, what covenants should be entered into, 97

ATTESTATION,

mode of, when to be stated in abstract, 10

memorandum of, what it should be shown to contain, 10

important in modern deeds, 51

how want of, should be supplied, ib.

where evidence of, is unnecessary, 52

where deed is executed under a power, what attestation is necessary,

52

where, is not required, ib.

ATTESTATION---continued.

where, is defective, the deed may still be good in equity, ib.
what will be considered a good, of a power, 212
ATTORNEY. See SOLICITOR.

what, can be appointed to do, 213

vendor cannot be compelled to appoint, 216

when appointed by corporation aggregate, what is necessary, ib.
cannot execute deed, unless his authority is by deed, ib.

what powers, has, 216, 217

when, must have his authority, 217

for what purpose infant may appoint, 234

has no power to keep the drafts and copies of deed belonging to his
client, 550

one, has, no right to order the papers of his clients to be delivered to
his partners, ib.

AUTHOR. See LITERARY PROPERTY.

what interest he has in his works, 144

AWARDS,

are conclusive as to matters referred to arbitrator, 389
how, must be proved, 390

B.

BACHELORHOOD,

when it must be proved, 384

how proved, 384, 385

BANKRUPTCY,

act of, time of should be stated in abstract, 28

is an objection to a title, 61

no jurisdiction in, to compel bankrupt to perfect sale of ship,

144

what is notice of an act of, 181

when purchase may be impeached by reason of notice of, ib.

legal estate will protect purchaser from act of, ib.

after act of, title cannot be forced on purchaser, 182

when not a revocation of a power, 215, 216

how, is proved, 380.

BANKRUPT. See ASSIGNEES, BARGAIN AND SALE, COMMISSION,

SHIP.