TO ALL THE REPORTED CASES, STATUTES, AND GENERAL ORDERS, IN OR RELATING TO THE PRINCIPLES, PLEADING, AND PRACTICE OF EQUITY AND BANKRUPTCY IN THE SEVERAL COURTS OF EQUITY IN ENGLAND AND IRELAND, THE PRIVY COUNCIL, AND THE HOUSE OF LORDS, FROM THE EARLIEST PERIOD DOWN TO THE YEAR 1831. BY EDWARD CHITTY, Esq. VOL. II. LONDON: SAUNDERS AND BENNING, LAW BOOKSELLERS, 43, FLEET-STREET. 1831. 1293. 2. 24 b. 1305. 2. 1343. 1. 33 t. 5 t. for 16 Ves. read 10 Ves. 1b. for Renewal read Removal. 9 t. for 2 Swan. read 1 Swan. 8. & 9b. read Van Kamp v. Bell, 6 Mad. 430. 6 t. for 2 Russ. read 3 Russ. for 698. read 598. read 12 Pri. 700. 22 t. add Bagg's case, 11 Co. 93. p. 251. 4 t. add Billinghurst v. Walker, 3 Bro. C. C. 604. p. 372. after 46. add 464. 1564. 1. in order, add Falkland v. Lytton, 3 Bro. P. C. 24. p. 1427. 1588. 2. 5 t. after 240. add 372. INDEX TO ALL THE EQUITY REPORTS. PAPISTS. See also STATUTE, C. OF, II. 36. L. THEIR DISABILITIES, AND HOW REMOVED. L. THEIR DISABILITIES, AND HOW REMOVED. An attorney (a papist,) petitioned for leave to take the cath prescribed by stat. 31 Geo. 3. c. 32. s. 22. instead of the oath of supremacy, on being admitted a master extraordinary in chancery; but refused. Exp. Agar, 3 V. & B. 160. a papist, make the whole trust void, but only the turn upon an avoidance; which is vested in the universities. Id. 157. ADVOWSON. Papists on their conformity are freed from any penalties they might otherwise sustain in respect of their recusancy. Id. A conviction of recusancy cannot be given in evidence against a third person, under 11 & 12 W. & M. c. 4, against papists, but the facts must be proved. Hanbury v. Bateman, 2 Atk. 65. Devisee from a papist by reason of the penal law, which would attach upon him from the incapacity in the devisor to devise, is not compelled to discover whether devisor was a papist. Smith v. Read, 1 Atk. 526. PL. DISCOVERY TENDING TO FORFEITURE. A papist neglecting to take the oaths prescribed by the statute 17 & 18 Geo. 3. c. 49, within six months, de was not protected by that statute from a protestant nimation, nor enabled to sue; but the consequences ✔ such neglect are removed by statute 33 Geo. 3. 21, upon his performing the requisites therein mentocad. Kennedy v. Daly, 1 Scho. & L. 355. 381. The bishop's certificate of the conformity of a pamust state in the words of the statute, that he faked, &c. A certificate, stating the facts of the past appearing in church, declaring his renunciation, A papist may be tenant by the curtesy. WitherAc., is not sufficient. Such certificate does not pre-ington v. Banks, Sel. Ch. Ca. 30. 3 P. W. 49. (n.) de evidence that the alleged conformist continued Vide stat. 3 Jac. 1. c. 5, which enacts, that a popish be a papist. Moore v. Butler, 2 Scho. & L. 249. recusant convict shall not be tenant by curtesy. EsEat see 2 Dow, P. C. 324. TATE, TENANT BY CURTESY, WHO MAY BE. Plea to bill, to discover whether A was not a papist upon conveying to defendant, allowed. Harrison v. Southcote, id. 528. An Irish papist conforming anywhere out of Ireland, cannot purchase lands in that kingdom before he had complied with the several requisites of the Irish acts of 2 & 8 Ann. Carrol v. Vicars, 5 Bro. P. C. 396. CONFORMITY. The conformity of an eldest son for the purpose of aking his popish father tenant for life, under the ppery laws, is invalid, unless it was had before the stop of the diocese which the conformist did inhaCockburne v. Hussey, 2 Ridgw. P. C. 510. Whether a creditor who is a papist is entitled to be paid his debts out of money arising by sale of the real state, under the appointment in the will? Foone v. Pukerd, Amb. 320. Foone v. Blount, id. 767. Where trusts are made to papists, they are void, and the legal estate will be void likewise, by 11 & 12 W.3. Akagten v. Cann, 3 Atk. 155. Plaintiff, whilst a papist, assigned advowson to dedant for ninety-nine years, and having conformed, ght his bill for re-assignment of the term, suggestbe had only assigned it in trust for himself, to and the penalties of the statutes 3 Jac. 1. c. 4. and W. & M. c. 26. Lord Hardwicke was inclined to if the defendant had demurred, such a frauduet conveyance would at the hearing have been absofote against the grantor. Cottington v. Fletcher, 2 Atk. 156. FRAUDULENT CONVEYANCE. The act of 12Ann. c. 14, does not, in the case of VOL. II. Devise of land to trustees in trust, if the eldest son of A turn protestant, then to such eldest son; this a good devise to a papist, but not to a protestant. Carteret v. Carteret, 2 P. W. 132. DEVISE OF LANDS. By 11 & 12 W. 3. c. 4. s. 4, a papist was not only disabled from purchasing lands himself, but also from taking either by devise or settlement; but that statute is now repealed in these respects, by 18 Geo. 3. c. 60. Papists, Ca. of, 2 P. W.3. By an act of parliament made in Ireland, 2 Ann. to prevent the growth of popery, no person professing that religion can be the guardian of an infant; but such guardianship, where the person entitled to it is a papist, shall be disposed of by the court of chancery in that kingdom, to some near relation of the infant, being a protestant, and one to whom the infant's estate cannot descend; but if there shall be no such protestant relation, then to some other proper person, who will use his utmost care to educate the infant in the protestant religion, until the age of twenty-one. Preston v. Ld. Ferrard, 4 Bro. P. Č. 298. GUARDIAN; STAT. C. OF. A papist cannot take a freehold or leasehold estate B |