EMBLEMENTS,

Tenant not to be entitled to, in certain cases, 522.

ENCROACHMENT,

By tenant, presumptively belong to the landlord, 40, 151.
Presumption in favour of landlord may be rebutted by evidence,

40.

Upon waste lands, 61, 149.

Right of landlord to, at end of tenancy, 150.

ENFRANCHISEMENT,

Effect of, with respect to rights of common, 44.

ENJOYMENT,

Of rights of common and profits à prendre must be proved for
what time, 2, 3.

Must be next before commencement of action or suit, 3, 4, 13.
Nature of, in case of easement, 6.

For nineteen years and a fraction, 16.

"

By person claiming right," meaning of, 18.

By leave, 19.

Effect of, for less period than mentioned in act, 22.

Time of, when to be excluded from period of forty years, 23.

ENTRY ON LAND,

Must be made within twenty years after right first accrued, 136.
When right of, shall be deemed to have accrued, 154.

In the case of estate in possession, ib.

On dispossession, ib.

On abatement or death, ib.

On alienation, ib.

In case of future estates, 155.

In case of forfeiture or breach of condition, 159.

In case of reversioner, 162.

administrator, 163.

tenant at will, 165.

tenant from year to year, 173.

wrongful receipt of

annum, 178.

Not to be deemed possession, 182.

Not preserved by continual claim, ib.

rent exceeding 20s. per

Right of, not to be barred by descent cast, discontinuance, of
warranty, after 31st Dec. 1833..239.

Time of, under stat. 21 Jac. 1, c. 16..146.

Of lord of manor on forfeiture of copyholds, 160.

When necessary to avoid leases, 161, 162.

Right of, how to be used by owner, 153.
may be aliened by deed, 596.

See DISTRESS-LAND-REnt.

EQUITY (COURTS OF),

Jurisdiction of, as to ways, 79.

As to watercourses, 104.

In preventing erection of buildings to obstruct lights, 119.
Followed old statutes of limitation, 204.

Give great effect to length of time, ib.

Suits in, to be brought within time prescribed for actions at law,

203.

Time no bar between trustee and cestui que trust in cases of
express trust, 205, 206.

EQUITY (COURTS OF)-continued.

Excluded from giving any effect to dispositions by tenants in tail,
or consent of protectors of settlements which in courts of law
would not be effectual, 352.

Rules of, not to apply between the protector of a settlement and
a tenant in tail under the same, 346.

Will prevent Statute of Limitations being used as bar, 215.
Will not compel married woman to acknowledge deed, 393.
supply want of acknowledgment of deed of married
woman, 390.

See ACQUIESCENCE-CHANCELLOR (LORD)-CHANCERY-FRAUD.

EQUITY OF REDEMPTION,

To be barred by twenty years' possession of mortgagee, unless
written acknowledgment, 220.

Person taking estate by, within new limitation act, 123.

Upon what principle founded, 132.

Court of Chancery to direct conveyance of land vested in trus-

tees dying intestate and without heirs, 612.

Property held in trust or mortgage not subject to, 627.
Beneficial interest of trustee or mortgagee liable to, 628.

ESTATE,

Meaning of, in act for abolishing fines, &c., 298.

ESTATE AT WILL,

In case of, the right shall be deemed to have accrued at end of
one year, 165.

The 7th section of Limitation Act applies to tenancies at will
existing at passing of act or subsequently, 166.

Cases on construction of 7th section, 165–167.

Creation of, 168.

Under what circumstances it will arise, 169.

Determination of, by what means effected, 170.

Interest of mortgagor in possession, how far it is an, 171.
May exist notwithstanding reservation of yearly rent, 172.

ESTATE FROM YEAR TO YEAR,

When right of entry of owner subject to, shall be deemed to
accrue, 173.

Cases on the application of 8th section of Statute of Limitations
in reference to, 173, 174.

How created, ib.

Determinable by notice to quit, 176.

ESTATE PUR AUTER VIE,

Not entailable, 300.

Quasi entail, of, how barred, 300, 301.
Estate by curtesy cannot issue out of, 432.

Descent of, 434, 454.

May be devised, 483.

When to be assets, 485.

ESTATES TAIL,

Origin of, 283.

Requisites of, ib.

See TENANT IN TAIL.

ESTOPPEL,

Doctrine of, 331.

By deed, ib.

Does not take place where truth appears upon deed, 332.
Effect of, 333.

Exceptions to rule as to, ib.

Of expectant interests, 329.

By fine and recovery, 303, 304.

Conveyance operated by, where and where not, 331.
Copyholds not bound by, 333.

EVIDENCE,

Of exercise of right of common, 3.

Of user of an easement, 10.

Of enjoyment of watercourses, 90.

Order of Lord Chancellor to be, of consent, 356.

Of entries in court rolls, 359.

Of inrolment of deeds, 375.

Copy of certificates to be, 403.

Of consent of protector as to copyholds, 359.

Order under Trustee Act, 1850, of what matters to be, 626.
What, to be produced on application to authorize leases, 638.
Of execution of lease by lessee, 644.

EXCEPTION,

Of an easement in a lease operates as a grant by lessee, 67.

EXCHANGE,

Must be by deed, 591.

Condition in law not to be implied from, 595.

Power of Court of Chancery under Trustee Act, 1850, when
decree made for specific performance of contract for, 619.

EXECUTION,

What real estates may be taken in, 478, 531.

What may be taken in, with reference to former and present
law, 535.

What cannot be taken in, 538, 539.

Legal estate vested in purchaser or mortgagee not to be taken
in, 582.

Against bankrupt's property, when valid, 584.

See FIERI FACIAS JUDGMENT-WARRANT OF ATTORNEY.

EXECUTORS,

May distrain for arrears of rent accrued in lessor's lifetime within
six months after end of lease, 130.

Not to be protector, 338.

Cannot waive Statute of Limitations in prejudice of other cre-
ditors, 466.

Nor of devisee, ih.

May retain debt barred by statute, when, ió.

Trustee Act, 1850, extends to, 607.

Vesting order may be made of stock in sole name of an executor,

See ADMINISTRATOR.

EXPECTANCIES,

Under act for abolition of fines, issue inheritable cannot bar their,
328.

Alienation of, before that act, 329.

in Ireland authorized by fines and recoveries act,
ib.

May be aliened by deed, when, 596.

EXTINGUISHMENT,

New limitation act to operate as, against party out of posses-
sion at end of periods prescribed, 231.

Effect of provision as to, ib.

Purchaser compellable to accept title depending upon, 332.
Of estates and powers of married women, 377.

Of powers, 381.

To be taken under 3 & 4 Will. 4, c. 74, in respect of acknow-
ledgments by married women, &c., 410, 411.

Where several married women join in one acknowledgment, 412.
By stewards of manors for entries on court rolls, 411.

Of sheriff, 536.

For registry of judgments, 557, 564.

For re-registration of judgments, 565, 581.

For registering lis pendens, 568.

For searching for judgments, 568, 583.

On searches for crown debts, 569.

For registry of quietus, 572.

FELONY,

power to appoint new trustees in lieu of persons convicted of,
634.

Court of Chancery protector, in lieu of person convicted of, 343.

By infant, according to custom of gavelkind, valid, ib.
Made after 1st Oct. 1845, not to operate tortiously, 595.
Effect of, in certain cases, ib.

FIERI FACIAS,

FINES,

Money or bank notes, cheques, bills, promissory notes, bonds,
specialties and other securities for money may be made avail-
ble by judgment creditor, 537.

What property under particular circumstances not liable to be
taken under, 538.

Gave a title by non-claim, when, 145, 146.

Definition and origin of, 302.

Different sorts of, 303.

Operation of, ib.

By estoppel, 330.

FINES-continued.

In extinguishing powers, &c. 345.

Effect of, in merging base fee in reversion, 349.

In letting in charges on reversion, 348.

Not to be levied after 31st December, 1833, unless writ was
previously sued out, 308.

What acts to be done by person liable to levy, under covenants,
309.

Levied of lands held in ancient demesne, 310–313.

Having errors or mistakes in parcels or parties apparent from
deeds declaring uses not to require amendment, 313.

Cases under new act as to amendment of, ib.

Levied in Court of Common Pleas to be deemed fines with pro-
clamations, 314.

Pending proceedings not affected, ib.

Not to extend to fines concerning lands, &c. possessed
under adverse titles, &c. ib.

Of equitable interests, 316.

Certain cases where fines were not made valid by the act, 319.
Levied in Wales and Cheshire when valid, 321.

To be taken to have been levied with proclamations, ib.
May be inrolled in office of Registrar of Common Pleas, 322.
Saving of power of Court of Common Pleas to amend, ib.
See ANCIENT DEMESNE.

FISHERY,

Common of, may be claimed, 47.

Several, gives exclusive right, 48.

Right of, belongs to adjoining owners generally, ib.

FIXTURES,

Will pass by conveyance, 540.

Annexed to freehold not liable to execution, ib.

FORECLOSURE,

Bill for, within 24th section 3 & 4 Will. 4, c. 27..204.

FORFEITURE. See ANCIENT DEMESNE.

In case of, when right to be deemed to have accrued, 159.

When remainderman is to have new right when advantage has

not been taken by him of, 162.

See CONDITION.

Waiver of, 161.

Property held upon trust or by way of mortgage not liable to,

627.

Beneficial interest of trustee or mortgagee is liable to, 628.
See CROWN-ESCHEAT.

FORMEDON,

Writs of, abolished, 233.

Writ of, within what time to be brought, 146.

Right to bring, reserved for a certain time, 238.

FORMS IN THE APPENDIX,

Conveyance of freeholds and copyholds by tenant in tail in pos-
session, i.

Of memorandum to be endorsed on deeds, x.

Of certificates of acknowledgments by married women, xi.
Of affidavits verifying such certificates, xi-xv.

Surrender of copyholds by tenant in tail and his trustee to a pur-
chaser, xvi.