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FUTURE ESTATES,

when right to, first accrues under 3 & 4 Will. 4, c. 27..452.

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"future estates and interests," in sect. 5 of 3 & 4 Will. 4, c. 27, what

they comprise, ib.

merger of, 456.

of persons whose interest in possession is barred, 457.

not preceded, or preceded, by an estate tail, 458, 459.
accruing to a person not in esse, ib.

proof of coming into possession, 462.

GLEBE LAND,

invalid exchange of, made valid under 3 & 4 Will. 4, c. 27..419.

GRANT,

presumed from immemorial user, 140.

validity of supposed, to support a prescription, how determined, ib., 141.
by the Crown,

when presumed, 168, 366, 413, 414.

when not presumed, 96, 124, 567.

of a rent, when presumed, 644.

GUARDIAN AND WARD,

position of guardian as to the title of the ward, 284.

quasi guardian, who is, 115, 116, 285.

when the quasi relation of, arises, 286.

difference in such relation where the guardian is a relative and where
a stranger, ib.

operation of Statute of Limitations between, 284, 285, 286, 287.

HEIR,

not bound by acknowledgment of executor, 606.

HERBAGE,

may be claimed by divers persons, in alternis vicibus, 204, 205.
whether sole and several, within the Prescription Act, 364.

HERIOTS,

service and custom, 347. See RENT.

due at uncertain intervals, 348.

HOSPITAL,

when not a spiritual foundation, 259, 260.

HUNTING, RIGHT OF,

its nature, 363.

does not import the right to the animal taken, ib.

as a profit within the Prescription Act, ib.

HUSBAND,

not a person entitled to arrears of interest for wife's legacy, before he
obtains administration, when, 621.

HUSBAND AND WIFE,

both seised in her right of her freeholds, 552.

he alone is possessed in her right of her chattels real, ib.

she said to have the estate in them, ib.

IDIOTCY,

one species of non compos mentis, 548.

IGNORANCE,

of facts constituting constructive fraud, during part of the time of
limitation, effect of, 509.

IMBECILITY,

not amounting to lunacy, degree of, to render a person incapable of
using reasonable diligence to discover fraud, 506.

IMPRISONMENT,

how mitigated, and as a disability removed and disregarded, 556, 557.
as a disability in the earlier Statutes of Limitation not now available,
559.

INCORPOREAL HEREDITAMENTS,

title to, when and how made by "non-existing grant," 644.

INCORPOREAL RIGHTS,

enjoyed against the Crown and the Duke of Cornwall, made absolute,
when, 568.

INDUCTION,

effect of, 102, 118.

not necessary for donatives and perpetual curacies, 354.

necessity of, to make the title to an advowson adverse, 423.

of corporation sole to office or benefice, whether necessary under 2 & 3
Will. 4, c. 100..434.

to benefice presentative, necessary to give complete possession within
3 & 4 Will. 4, c. 27..522.

INFANT,

difference in equity between entry of a relation and of a stranger, on
the lands of, 286.

how far receipt of profits of estate of, a trust, and within 21 Jac. 1,
c. 16, as to suit in equity for an account, ib.

suit by, for such profits not affected by 3 & 4 Will. 4, c. 27..287.
INHABITANTS,

incorporated by taking grant from the Crown, 143.
may claim by prescription, ib.

cannot prescribe for an easement in alieno solo, 144.
claim by grant from a common person, 142, 225.

INJUNCTION,

to restrain the pleading the Statute of Limitations, when, 542.

INSOLVENT DEBTOR,

what is a concealed fraud by, within sect. 26 of the 3 & 4 Will. 4, c.
27..505.

INSTITUTION,

effect of, 102, 118.

INTERESSE TERMINI,

what is, 469.

what is not so merely, 108.

INTEREST,

arrears of and damages for, time of limitation for, 440.

where a prior incumbrancer has been in possession, 441.
meaning of sect. 42 of c. 27 as to, ib.

protection to a second mortgagee entering to whom the
first had given priority, ib.

when the protection inapplicable, 442.

INTEREST-continued.

arrears of, on mortgage of turnpike tolls not limited to six years, 443.
accrner of right to a mortgagee on payment of, out of part of the estate,
450.

payment of, after, on a mortgage made before time of limitation ex-
pired, ib.

on a mortgage made after, 451.

by whom payable under sect. 42, 3 & 4 Will. 4, c. 27..529, 530.
effect of payment of, on a judgment after twenty years as between
third parties and the person paid, 651, 652.

effect of payment of, by owner of part of lands subject to a common
charge after that time, 652.

or by owner of lands subject to trusts for indemnity, ib.

INTEREST (INTERESSE),

signification of, 469.

INTERPRETATION,

of ancient deeds by usage, 322.

Statutes of Limitation. See STATUTES OF LIMITATION, Inter-
pretation.

INTERPRETATION CLAUSES,

in modern statutes, disapproved, 712, 713.
remarks on, 713, 714, 715.

INTERPRETATION OF STATUTES,

See STATUTES OF LIMITATION, Interpretation.

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defendant in, when he need not plead title to the land, 98.

what possession against the Crown good until judgment in, 567.
nature of proceeding in, 568.

onus probandi in, when on the Crown, ib.
information of. See CROWN.

IRELAND,

when and when not deemed beyond seas, 550.

c. 27,

whether so or not, as to New South Wales, where 3 & 4 Will. 4, c..
is adopted, within sect. 19, ib.

absence in, when not a disability, 551.

the legislation for, as to time of limitation for redemption of mortgages
and for judgment and specialty debts, 569, 570, 577.

judicial decisions in, how far recognized, and binding in England, 696,
697.

ISSUE IN TAIL,

when barred under 3 & 4 Will. 4, c. 27..459.

JOINT DEBTORS,

when bound by acknowledgment of one, 601.

JOINT OWNERS,

origin, 281.

effect before 3 & 4 Will. 4, c. 27, of claim of, and taking all profits,

and of entry by some only, ib.

as to advowsons, 282.

of presentation by one only, 283.

JOINT OWNERS-continued.

their position inter se, since that act, as to land, rent and advowsons,
284.

effect of Statute of Limitation between, 281.

when all bound by the acknowledgment of one, 605, 606.

one may be agent of the others, when, 629.

JOINT TENANTS,

held formerly per my et per tout, 492.

meaning of so holding, immaterial now, ib.
not bound by acknowledgment of one, 603.

acknowledgment given to one, when not available for the others, 619.

JOURNEYS' ACCOUNTS,

what and when action cannot be continued by, 717.

JUDGE,

in general, determines the construction of a writing, 654–656.
JUDGMENT,

a potential, but not an actual or direct, charge on land, 385.
revived on sci. fa., confers a new right of action, when, 525.
when may be sued on, ib.

legislation in Ireland for time of limitation for, 569, 570.
extinguishment of right under, 576, 577.

nature of right of creditor by, ib.

as they affect land, ib.

in Ireland, 577.

when not revivable by sci. fa., 578.

acknowledgment by some conusors of, binds all, when, 606.

whether revived by an acknowledgment after twenty years, 651, 652.

JUDGMENT DEBTOR,

acknowledgment by, when may be considered by himself, or as an
agent, 606.

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intention of parties, ib.

whether a signature is applicable to entire, or only part
of, writing, 657.

writing connected with other evidence, ib.

or more than one writing, ib.

the time of making an acknowledgment, ib.

whether an acknowledgment be the right one, ib, 658.

or the title acknowledged be the one in question, 658.

JUS PISCATIONIS,

what, 155, 363.

to whom it may belong, 156.
may be for only some fish, ib.
is in or on the water, 157.

JUS PISCATIONIS-continued.

of conterminous proprietors, 157.

of one person below another in the same river, ib., 158.
may exist independent of the soil, 159.

not recoverable in ejectment, ib.

when incident to or existing apart from the soil, 169–171.

arises from and is incident to the ownership of the soil, 171.

presumed to be so incident, when and when not, ib.

of a several fishery derived from the Crown, may or may not be so
incident, 173.

of a several fishery including the soil, when to be regarded as the
principal, and when the adjunct, 191 et seq.

as a profit within the Prescription Act, 363.

new, when not created, 191.

at common law not conferred by a public way on the banks of a pri-
vate river, 201.

in the sea, or on the sea shore, may exist apart from the soil, 176, 177.
not necessarily conveyed by a grant of the soil, 176.

may be excluded, how and when, 167, 176.

may be restricted to some kinds of fish, 184.

JUS POSSESSIONIS,

distinction between, and jus possidendi, 69.
as to things incorporeal, 81.

JUS POSSIDENDI,

distinction between, and jus possessionis, 69.
as to things incorporeal, 81.

KING,

can reserve a rent out of incorporeal hereditaments, 473.

LACHES,

distinguishable from acquiescence, 514.

what is, 515.

by a person in, and when out of, possession differ, ib.

in neglecting to clothe the equitable, with the legal title, does not
affect the former, ib.

when not excluding relief may deprive claimant of costs, ib.

inapplicable between landlord and tenant as to accruing payments of

rent, 516.

commencement of, in cases of mistake, 518.

LAKES OR LOCHS,

ownership of the soil of, 181.

LAND,

includes mines, when, 317.

when not mines royal, 319.

what not within that term in 3 & 4 Will. 4, c. 27..343.

effect of the interpretation of the term in that act as to pecuniary
charges on, 351.

cannot be claimed as appurtenant to, 372.

extinguishment of title to, 570, 571, 572.

LANDLORD,

his right during a lease, and afterwards, 107, 313.

title of, cannot be disputed by his tenant, 312.

tenant's possession is his, when and when not, 105, 312.

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