his solicitor, 456. Whether entitled to six months' notice before being
paid off, 461 and Addenda. If trustee, what proportion he may ad-
vance, 466. Entitled to a lien for costs, 665. On his right to receive
interest in advance instead of notice, 461. Forms, notice by mort-
gagee calling in money, 515. To tenant to pay rent, ib. From
second to first mortgagee, 516.
Mortgagor-whether entitled to notice to pay in mortgage-money, 461.
Ought to obtain reconveyance on discharge of mortgage-money,
462. Effect of his concurrence in transfers, 463, 667. Debarred of
right to redeem after twenty years, 173. Not bound by mort-
gagee's leases, 428. Covenants of do not run with the land, 429.
Forms of notices by, 515.
Of ship being destroyed by
Notarial Forms-certificate of the execution of letter of attorney, 467.
Of identity of persons, ib. Of baptism, 468.
Of duplicate pro-
test, ib. Of signature of chief magistrate, ib. Of an account, ib.
Of signature to a policy, 469. Of merchants to notary's signature,
ib. Of damage of goods by sea-water, 470. Ditto, and of remis-
sion of duties, ib. Of registry of a ship, 505. Letters of attorney,
471. To manage affairs in the West Indies, ib. To receive
money arising from the cargo of a ship stranded, 474. Protests,
entry of, 475. Against the seas, ib.
fire, 476. Of ship being taken, 480. Of demurrage, 483. For
refusing to sign a bill of lading, 484. For breach of charter-party,
486. Of abandonment of ship, 487. Against underwriters for
non-payment of insurance, ib. For not executing charter-party, 490.
Of bills of exchange, 490–494. Of delivering copy of protest, 487.
Shipping Forms-charter-party, 494, 495. Between part owners of
a ship, 498. Condition of bottomry bond, 502. Respondentia
bond, 503. Bill of sale of a ship, 504. Act of honour, 491, 493.
Notary-observations on the office and duties of, 508. Admission of,
Entitled to administer oaths, 671.
Notice-purchaser affected by notice of incumbrances, 259. Of in-
cumbrance on shares in company should be given to the com-
pany, 287.
Of purchase on charges should be given to trustees of
property charged, ib. Advantage of notice of charges, 286.
Forms, of dissolution of partnership, 513. Of intention to
dissolve, ib. After dissolution to debtors of partnership, 514. To
executors of assignment of a legacy, ib. From purchaser to vendor,
that purchase money is producing no interest, ib. From purchaser
of equity of redemption to mortgagee, ib. To mortgagor of assign-
ment of mortgage, 515. To mortgagee of intention to pay off
mortgage, ib. From mortgagee calling in mortgage, ib. To
a tenant to pay rents to him, ib. Ditto from receiver, 516.
From a second to a first mortgagee, ib. Of application to justices
to procure possession of a tenement, 517. Of action against a magis-
trate, ib. Against an excise or custom-house officer, 518. From land-
lord to tenant to quit, ib. Ditto, where commencement of tenancy is
uncertain, 519. Ditto, or pay double rent, ib. From tenant to
landlord of intention to quit, 520. In case of lodgings, 521. Of
intention to determine a lease, ib. To tenant to repair premises,
522. Of appeal against a poor-rate, ib. Of trying a traverse upon a
presentment of a road being out of repair, 524. Of motion to
withdraw a presentment, ib. Against sporting, 526.
Of appeal
against an order of removal, ib. Of assignment of a chose in action,
527. Of meeting to consent to sale of parish property, 536.
To auctioneer of appointment of reserved bidder, 351. By re-
served bidder to auctioneer, ib. See Mortgage; Landlord and
Tenant.
Oaths-act for abolishing voluntary and extrajudicial oaths, 671.
Statutory declaration substituted, ib. Forms, of appraiser's oath,
399. To answer in chancery, 232.
Operative Words-forms of in deeds, 37, 38.
Orders of certain courts have effect of judgment, 148.
operates as a distringas on stock, 148.
Parcels-forms of description of, 39. In recitals, when to be set out
fully, 12. As to identity of, 13.
Parish Property-statutes relating to, 528. Churchwardens, &c.,
are a corporation for the purpose of holding, ib. Mode of selling,
529, et seq. Preliminary forms for sale of, 532. Conditions for
the sale of, 539. Conveyance of, if freehold or leasehold, 541. If
copyhold, 544.
Partners-liability and duty of retiring partner, 567, 573. Of dormant
partner, 569.
Of nominal partner, ib. Not liable to persons who
knew his want of interest, 570. Release to one operates for bene-
fit of all, 623. Release by one estops all, ib. What agreements
implied by law between partners, 570. Extent to which one part-
ner may bind the other, 571. Bankruptcy works a dissolution, 572.
Lunacy of a partner, not a dissolution of itself, ib. Jurisdiction of
a court of equity over partners, 573. Professional men may con-
tinue their practice after dissolution, 574. Application of payments
to one partner after dissolution, ib. Marriage of female partner is
a dissolution, 572.
Partnership-observations on, 568. How dissolved, 571. Sugges-
tions on dissolution of, 572. On preparation of articles, 568.
Forms, articles of partnership between solicitors, 550. Traders,
554. Applicable to all partnerships, 557. Admission of a new part-
ner, 563.
Dissolution of, 565.
Payments-by a debtor who is indebted on two accounts, application
of, 133. To partners after dissolution, 574. Of interest, takes
debt out of the statute of limitation, 139. Memorandum of by party
receiving, not proof of payment to take a case out of the statute, 139.
Poor-Rate-notice of appeal against, 522.
Possessio Fratris-the old doctrine of, abolished, 172.
Possession of Tenements-act for the recovery of in certain cases, 175.
May be recovered by two magistrates in certain cases, 176, Notice
of intention to apply to magistrates, 517.
Of
For mainten-
Of revocation
Powers-of sale in a mortgage, observations on, 457. General devise
operates as an execution of, when, 184, 712. Of appointment by
will, how executed, 182, 712. Proper in conveyances in trust for
sale, 647. Attestation of appointment under, 5. When to be set
out fully in abstract, 121. Forms, of sale in a mortgage, 55. To
give receipts, 57, 58. Of revocation of trusts of money, 59.
jointuring, in a will, 60. To vary securities, 61.
ance, 634. Of advancement, 62. To lease, 63.
and new appointment, 64. Of sale, exchange, and partition, 65.
To invest money arising under, 67. To appoint new trustees in a
will, 70. In a settlement, 69. In a mortgage, 453. To com-
pound debts, 71. For articled clerk to serve last year with convey-
ancer or agent, 295. For lessor to enter and see state of repairs,
&c., 405, 409. In a lease, for lessor to plant, &c., 43. To deter-
mine a lease, 79. Of appointment amongst children, 53, 633. Of
appointment by will, by feme covert, 636. Of appointment of uses,
52. See Provisoes; Appointments.
Powers of Attorney-observations on,
Revocation of, what
amounts to, ib. Infants and married women may act under, ib.
When several jointly appointed, 589. Should form part of an as-
signment of any chose in action, 286. Extent of attorney's powers,
587, et seq. Is not revocable, if given for valuable consideration,
287. Proper in transfers of mortgages, 437. Directions as to
powers to be used in India, 589. In the United States, 590. Το
deliver seisen may be given to persons not parties to the deed, 588.
If included in feoffment, a further stamp necessary, 660. Stamps
on, 661. Forms, to deliver and receive seisen, 359.
In assign-
ment of mortgage, 58. Of dividends under a fiat, 274.
Of a
legacy, 280. Of a policy, 282, 284. Of a legacy of stock, 278.
To settle affairs, and receive debts on dissolution of partnership, 566.
To manage affairs in India, 471. To prosecute an action in
America, 575. To distrain for rent, 579. To receive a legacy,
581. To take admission of copyholds and surrender, 582.
receive a share of intestate's estate, 584. To demand rent, and
enter in default of payment, 585. To vote in the choice of assig-
nees, ib.
Affidavit of the execution of, 578, 586. Notary's certi-
ficate of the execution of, 467.
Professional Communications-must not be disclosed, 305. Rule ap-
plies to counsel, solicitors, and proctors, 307. Not to medical men
or others, ib. Clerks, agents, or interpreters, 309. Communica-
tions from third persons must be disclosed, 310.
waive the privilege, 306. If party to a fraud,
Client only may
attorney must dis-
close it, 309. Letters between to defendants, not privileged, 307.
Attorney must disclose what he does, 5, 309. Principle of the rule,
306. As to privileged papers in the hands of attorney's represen-
tatives, 309. Witness demurring to answer questions, must pay
costs if demurrer overruled, 305.
Protector of a Settlement-creation of office of, 155. What estates
give the right to be, 155, 593. When married woman shall be,
155. Lessee shall not be, ib. Appointee may be, 596. When
trustees shall be, 155, 156, 593. May be appointed by settlor, 156.
If infant, the court of chancery will be, 156, 595. If lunatic, the
lord chancellor, &c., will be, ib. Not liable to any control,
157. Agreements by to withhold consent, void, ib. His consent
must be enrolled, 158. His consent necessary to barring remain-
der, 157. Issue may be barred without his consent, 157. Con-
sent must be before or cotemporaneous with conveyance, 158.
Observations on the office of, 591. Tables illustrating the rules,
592. Suggestions as to mode of assenting in case of mortgages,
On marriage settlements, 647. Forms, of conveyance with
his assent, 384. Of mortgages with, 448.
Of proviso saving pro-
tector's rights, 385.
Protests-see Notarial Forms.
Provisoes-Forms, for redemption in a mortgage, 72.
ment by mortgagor till default, ib. For redemption in a mortgage
to bankers for a floating balance, 73. For renewal in a mortgage
For taking a reduced rate of interest on punc-
tual payment, 76. For discharge from covenant, for production of
title-deeds, on procuring other covenants, 77. For indemnifying
trustees, 236, 77. To make void devises to persons disputing will,
78. To avoid forfeiture in conveyance of freeholds and copyholds,
79. To determine a lease, 79, 414 n. For re-entry on non-pay-
ment of rent, and no sufficient distress, On non-performance
of the covenants, &c., in a lease, 81. For cessor of a term, 83.
For the repurchase of an annuity, ib. For determining annuity on
bankruptcy or alienation, 696. For re-entry in an exchange, 367.
For making void a release of right of way, 616 n. For bringing
appointed shares into hotchpot, 634. For indemnity of mortgagor
from acts of receiver, 243. In release of part of lands charged,
saving rights upon the remainder, 379. In disentailing deeds,
saving the rights and powers of protector, 385.
Purchaser-observations on agreements for purchase, 202. Of copy-
holds, must bear expense of surrender and admission, 205.
pay costs of conveyance, ib. And of assignment of attendant terms,
ib. And of examining abstract, 204. Entitled to deeds or cove-
nant for production, 206. Not obliged to accept conveyance or
surrender by attorney, 205. To what length of title entitled, 118.
Not bound by recitals in deeds, 204. Cannot be compelled to take
an equitable estate, 205. Of leaseholds entitled to lessor's title,
204. Exception where a bishop is lessor, 205. Not entitled to
production of original wills, 204. Entitled to costs, if vendor can-
not make out a title, 206. From married man should make in-
quiries as to settlement, 457. Becoming bankrupt, contract may be
abandoned, 206. What covenants entitled to, 14. Must indemnify
vendor from charges on land purchased, 15. Act for protection
of purchasers against judgments, &c. 168. Not affected by un-
registered judgments, 168. From bankrupt, 169, 142. Takes
free from dower of women married since 1833, 150. Attorney's
liability to for accepting title, 122. Must pay occupation rent, if
purchase set aside for fraud, 133. Duties of on a purchase, 203.
Entitled to have incumbrances removed by vendor, 205. Should
take an assignment of terms, 259. Advantage of above a declara-
tion of trust, ib. How affected by notice, ib. Precautions to be
observed on purchase of choses in action, 287. Of choses in action, not
generally entitled to specific performance of agreement, 289.
Agreement; Conveyance; Conditions of Sale; Vendor.
Receipts-effect of receipt in the body of a deed, 597. Presumption
arising from a receipt, 598. Forms of, 597.
Recitals-object of, 11. What necessary to be recited, ib.
reconveyances by trustees, &c. 11, 604.
be described in, 12. Effect of in a release, 622. Forms, of account
stated, debt upon, 21.
Action at law, 19.
Administration, ib. Agreement for purchase, ib. By mortga-
gee to discharge part of the premises from the mortgage debt, 20.
For mortgage, 26. For assignment for benefit of creditors, 29.
For surrender of a term, 674. For marriage, 629. For settlement,
ib. By father to pay an annual sum to trustees, ib. To accept
payment of mortgage debt and surrender a term, 673. For receiver
to secure mortgage money, 241. For assignment of a term, 253,
255. To release dower, 378. Appraisement of goods, 20. Ap-
prenticeship, 249, 27. In arbitration bond, 324. Assignment
of a term, 24, 28. Goods, 27. Divers mesne assignments, 32.
Attorney, letter of, 33. As to awards, 314, 324., Bond, 21. For
Conveyance to uses to bar dower, 34.
Covenant for the production of title-deeds, 28. Court rolls, 35.
Enlargement of time to make award, 314. Extent, 20. Feoff-
ment, 32. Fine, deed to lead the uses of, 34. Judgments, 22.
Lease and release, 32. Leases, 33. Licence, to assign a lease, ib.
Mortgage in fee, 29. By demise, 30. Of leaseholds, 31. As-
signment of, 30. Of amount due on mortgage, 599.
reference at Nisi Prius, 315. Policy of assurance, 23.
26. Recovery deed, 34. Release grounded on lease, ib.
Seisen of lands, 25.
Writ to sheriff, 22.
by auction, 27.
torney, 24, 25.
Wills, 26. Warrant of at-
|