APPORTIONMENT,

of rents, annuities, &c. by stat. 4 & 5 Will. 4, c. 22,-163.
considerations on the act, with examples, 163 to 167.

of price, in conveyances of freehold and copyhold lands, 299 n.
(77).

ASSENT OF EXECUTOR,

not sufficient to pass leaseholds, 234 n. (41). .
ASSIGNMENT, what, 19.

ASSURANCES,

effect of, how to be determined, 295 n. (73).

by tenant in tail under the old and new law compared, 368 u.
(140).

ASSURANCES UNDER STAT. 3 & 4 WILL. 4, c. 74, •
for barring entails, 97, et seq. 368 n. (140).
(See ESTATE TAIL.)

inrolment of, 97.-(See INROLMENT.)
general view of the act, 123.

its merits, 129, 131.

no particular form enjoined, 368 n. (140).

an assurance adapted to pass the legal fee by deed, sufficient

97, 98.

mode of assurance how to be ascertained, 99, 102.

shown by examples, 99, 100, 101.

assurance should be executed by relessee to uses, 103.

expense of assurance, on a purchase, 129.

resulting use or trust on conveyances under this statute, 371

n. (142).

proper to declare the intention of the deed, ib.

assurance by bargain and sale, 378 n. (150).

operation of an assurance upon executory limitations, 380 n.
(151).

conveyance by tenant in tail to his own use sufficient, 382 n. (153).
conveyances to uses by tenant in tail having no seisin effectual,
ib.

partial assurances and mortgages by tenant in tail, 383 n. (154).
effect of assurance by tenant in tail, without consent of protector,
102, 108, 384 n. (156).

effect of enjoyment under defective assurance by tenant in tail,
illustrated by examples, 149, 150, 385 n. (158).

for binding married women, 127, 128, 398 n. (171), ib. n. (172).
(See DOWER.)

acknowledgment of, 384 n. (155).

declaration to exclude dower, 144, 378 n. (150).

prudence of retaining the old limitations to prevent dower, ib.
effect of assurances in performance of covenants or agreements
to levy fines or suffer recoveries, 403 n. (176) and (177).
upon whom the expense of the ceremonies imposed by this act
shall fall, as between vendor and purchaser, 129.

ATTESTATION OF A DEED,

what it should state, 199 n. (12).

ATTORNMENT, 19, 22, 23, 62.

taken away by statute of Anne, 62.

B.

BANKRUPT,

conveyances under the bankrupt acts, observations on, 318 n. (99).
copyholds, 320 n. (101).

powers vested in bankrupt, 321 n. (102).

bankrupt not compellable to join in conveyances, nor to enter
into covenants, 324 n. (105).

course to be pursued on his refusal, 324 n. (105).

bankrupt act, 6 Geo. 4, c. 16, repealed so far as it relates to
entailed estates, by stat. 3 & 4 Will. 4, c. 74,-129.

BARGAIN AND SALE,

a contract binding the conscience, 29.

raised a use at the common law, ib.

valuable consideration essential to, 30, 284 n. (60); 286, ib.
consideration need only be expressed, 292 n. (69).

under the statute of uses 57, 284 n. (60); a legal conveyance, 58.
operates without transmutation of possession, 59.

for a year, 60, 291 n (68).

not within statute of inrolments, 60.

powers cannot be created by a bargain and sale, 241, n. (43).
powers of appointment cannot be limited upon, 241 n. (43); 284
n. (60).

distinction between bargain and sale, properly so called, and
bargain and sale in bankruptcy, &c. 284 n. (60).

bargain and sale under bankrupt act, ib.

is merely the execution of an authority, 285 n. (60).
bargain and sale inrolled, 60, 284 n. (60).

inrolment of proper bargain and sale has relation to the time of
its execution, 105, 284 n. (60).

examined copies of inrolment of bargain and sale, evidence, 286
n. (60).

bargains and sales to uses, ib.

conveyance by bargain and sale, how far eligible under the stat.
3 & 4 Will. 4, c. 74,-102, 103, 105.

BASE FEE, 102, 119,

enlargement of, into fee simple, 120, 121, 385, n. (156).

doctrine of the merger of, in immediate remainder and reversion,
120, and n.; 385 n. (156).

CEREMONIALS,

C.

imposed by the ancient law on alienation, 18, 22.

not adapted to modern times, 62.

inadequate to their object, ib.

CERTIFICATE,

of acknowledgment of deeds by married women, 409, 420.

CHANCERY,

uses originally cognizable in, 25, 30.

exercises no direct authority over the land, 26.

but proceeds in personam, 25.

its practice in regard to settlements on marriage, 251 n. (49).

CHATTELS, REAL. (See LEASEHOLDS FOR YEARS.)

CHILDREN,

limitations to, 197 n. (8), 297 n. (74).

as a class, 296 n. (74).

as individuals, ib.

CLERGY,

the inventors of uses, 3.

COMMISSIONERS,

for taking acknowledgments of deeds by married women, 431.
competency, duty, and responsibility of, ib. n. (23).

COMMON LAW,

its alleged simplicity, 23.

not adapted to the wants of modern society, ib.
conveyances at, 18. (See CONVEYANCE.)

limitations at, 196 n. (6).

rules concerning such limitations, ib.

(See LIMITATIONS, USES, TRUSTS.)

CONDITION,

might defeat, but could not modify a conveyance, 17.

difference between entry for breach of, and entry for forfeiture, ib.
of re-entry in lease for non-payment of rent, 211 n. (25), (26).
for breach of covenants, its inconveniences, ib.

clause suggested for restraining such condition, 266 n. (55).
condition in a mortgage, 289 n. (64).

CONSENT,

of protector, how to be given, 108.

CONSTRUCTION,

same principles of, applicable to deeds and wills, with few ex-
ceptions, 82.

CONTINGENT REMAINDERS, 13.

how defeated, 77, 78, 79.

by forfeiture, &c. of the particular estate, 77, 78.

trustees to preserve, 70.

equitable, not destructible in the same manner as legal, 77.

alienation of, at law, 89, n.

may be bound by indenture, 105.

CONTRACTS,

raised a use in equity, 29. (See USE.)

by tenant in tail, inefficacy of, 104.

objects attainable by conveyances under the statute of uses, 75,
76.

but not by conveyances at common law, 73, 74.
operating by, and without transmutation of possession, distin-
guished, 59.

theory of a conveyance to uses, 79.

under stat. 2 & 3 Will. 4, c. 74. (See ASSURANCES.)

CONSIDERATION MONEY,

release of, in the body of a deed, an estoppel at law, 213 n. (28).
utility of the words "divers other considerations," 239 n. (42).
no consideration necessary to a conveyance at common law, 30,
241 n. (43).

COPYHOLD,
origin of, 5.

how conveyed, and of what limitations susceptible, 81.
not within statute of uses, ib.

uses declared of copyholds are mere directions to the lord, ib.
such uses recognized and enforced by the judicature, ib.

shifting and future uses of, allowable, ib.

powers of appointment over, ib.

custom of, controls the will of the lord, ib.

entails of copyholds, how to be barred, 122.

covenants to surrender, 300 n. (78).

apportionment of price when comprised in same deed with free-
holds, 299 n. (77).

stamp on conveyances of copyholds belonging to bankrupts, 320
n. (101).

enactments of the new statute 3 & 4 Will. 4, c. 74, respecting
copyholds, 128, 129.

COVENANT TO STAND SEISED,
origin of, 29.

enforced by equity, ib.

consideration essential to, 30.

operation of, before statute of uses, 294 n. (73).
operation of under the statute, 58, 104.

operates without transmutation of possession, 59.
has fallen into disuse at the present day, 58, 162.
not adapted to the purposes of settlement, 293 n. (73).
powers to sell, &c. cannot be raised by, ib.

COVENANTS,

caution as to, in barring estates tail, 104.

in purchase-deeds, 217 n. (32).

in mortgages, 290 n. (65) and (66).

against incumbrances, the proper form of, 312 n. (89).

for title, as to the form of, 313 n (90), (91), (92), (93), (94), (95).
covenant of tenant in tail not binding on issue or remainder-man,

385 n. (159).

to levy a fine, satisfied by a substituted assurance, 403 n. (177).
CROSS REMAINDERS,

in tail, 243 n. (46).

CURTESY,

its operation in taking away a right of entry, or defeating a right
of action, abolished, 147.

DISSEISIN,

rare at this day, 11.

modern doctrine of, 89, n.; 194 n. (3).