it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing; and if such proof in support of the claim shall be extended to the full period of sixty years next before the time of such demand, in such cases the claim shall be deemed absolute and indefeasible, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing; and where the render of tithes in kind shall be demanded by any archbishop, bishop, dean, prebendary, parson, vicar, master of hospital, or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall be valid and indefeasible, upon evidence showing such payment or render of modus made or enjoyment had, as is herein before mentioned, applicable to the nature of the claim, [ *701 ] for and during the whole time that two persons in succession shall have held the office or benefice in respect whereof such render of tithes in kind shall be claimed, and for not less than three years after the appointment and institution or induction of a third person thereto: provided always, that if the whole time of the holding of such two persons shall be less than sixty years, then it shall be necessary to show such payment or render of modus made or enjoyment had (as the case may be,) not only during the whole of such time, but also during such further number of years, either before or after such time, or partly before and partly after, as shall with such time be sufficient to make up the full period of sixty years, and also for and during the further period of three years after the appointment and institution or induction of a third person to the same office or benefice, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing.

II. And be it further enacted, That every composition for tithes which hath been made or confirmed by the decree of any Court of equity in England in a suit to which the ordinary, patron, and incumbent were parties, and which hath not since been set aside, abandoned, or departed from, shall be and the same is hereby confirmed and made valid in law; and that no modus, exemption, or discharge shall be deemed to be within the provisions of this act, unless such modus, exemption, or discharge shall be proved to have existed and been acted upon at the time of or within one year next before the passing of this act.

III. Provided always, That this act shall not be prejudicial or available to or for any plaintiff or defendant in any suit or action relative to any of the matters before mentioned, now commenced, or which may be hereafter commenced, during the present session of Parliament, or within one year from the end thereof.

*IV. Provided also, and be it further enacted, That this [ *702 ] act shall not extend or be applicable to any case where the tithes of any lands, tenements, or hereditaments shall have been demised by deed for any term of life or number of years, or where any composition for tithes shall have been made by deed or writing, by the person or body corporate entitled to such tithes, with the owner or occupier of the land, for any such term or number of years, and such demise or composition shall be subsisting at the time of the passing of this act, and where any action or suit shall be instituted for the recovery or enforcing

the payment of tithes in kind within three years next after the expiration, surrender, or other determination of such demise or composition.

V. Provided also, and be it further enacted, That where any lands or tenements shall have been or shall be held or occupied by any rector, vicar, or other person entitled to the tithes thereof, or by any lessee of any such rector, vicar, or other person, or by any person compounding for tithes with any such rector, vicar, or other person, or by any tenant of any such rector, vicar, or other person, or of any such lessee or compounder, whereby the right to the tithes of such lands or tenements may have been or may be during any time in the occupier thereof, or in the person entitled to the rent thereof, the whole of every such time and times shall be excluded in the computation of the several periods of time herein before mentioned.

VI. Provided also, That the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or lay tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.

VII. And be it further enacted, That in all actions and suits to be commenced after this act shall take effect, it shall be suffi

[ *703 ] cient to allege that the modus or exemption or discharge claimed was actually exercised and enjoyed for such of the periods mentioned in this act as may be applicable to the case; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the simple fact of the exercise and enjoyment of the matter claimed, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of the matter claimed.

VIII. And be it further enacted, That in the several cases mentioned in and provided for by this act no presumption shall be allowed or made in favour or support of any claim upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this act as may be applicable to the case and to the nature of the claim.

IX. Provided also, and be it further enacted, That this act shall not extend to Scotland or Ireland.

AN-

INDEX

OF THE

PRINCIPAL MATTERS.

The pages referred to are those between brackets, []

ABSTRACT, is prepared at vendor's expense and by vendor's solicitor, 131, n.
compared with the originals by purchaser's solicitor, ib.

complete, when, 377.

"ACRES,"
," when this word is used in particulars of sale, it seems statute, and not cus-
tomary acres, will be understood, 114.

ACT OF PARLIAMENT, titles under, defective, when, 589.
presumed even against the crown, 449.

ADVOWSON, statement in the particulars of sale of, that avoidance of, was likely to
occur soon, not binding, 125.

grant of, presumed, under what circumstances, 446.

AGENT. See Contract. Signature.

AGREEMENTS. See Contract. Breach of Contract.

Sale of Land.

AMBIGUITIES, may be explained by parol evidence, when, and when not, 80.

ANNUITY, purchaser of an estate subject to an annuity cannot avoid it, though the
grantor might, 488.

AUCTIONEER, never pays interest on the deposit though he may have made it, 294.
even if he had notice from the vendor to invest the deposit, 296.

is, for the purpose of signing an agreement, the agent of both parties, 61.

BIDDINGS. See Decree (Sale under.)

BREACH OF CONTRACT, remedies at law for, 129, and see n.

vendor may recover damages for, when, 130.

purchaser may recover his deposit and expenses if no title shown, 132, 138.
but not damages for the loss of his bargain, ib.

unless vendor's inability to complete results from misconduct or undue
precipitancy, 140.

as where he sells being only entitled under a contract, and without hav-
ing examined his title, 141.

purchaser having completed may recover damages in respect of fraud on the part
of the vendor, 135.

and may show that fraud by parol evidence, 137.

in an action by the purchaser, equitable objections to the title will be noticed,
133, n.

CASE, if a case be directed, neither the Court nor parties are bound by the certificate,
5, n., 6, n.

Courts of law will not answer a case stated as a trust, the question must be raised
on a legal estate, 8, n.

nor will they answer speculative questions, ib.

ought to be signed by counsel on both sides, ib.

consequence where counsel on either side do not sign it, ib.

the Chancellor may call in the Judges to assist him on a point of law, ib.

their opinion merely advice and not binding on the Chancellor, 6, n. See Issue.
CHAMPERTY, what it is, 144.

sale of an equitable interest under a contract is not, ib.

CHARITABLE USES, titles unmarketable in respect of, when, 540.

liability of purchaser in respect of charges for, when, ib.

COMPENSATION, origin of the jurisdiction as to, 100.

doctrines of the older cases modified by recent decisions, 102.

limited to cases where the deficiency in the quality or quantity of the estate is
small, 101.

and where the purchaser gets substantially what he bargains for, ib.

an agreement will be decreed to be performed pro tanto with a compensation,
when, 644.

but not unless the case afford a principle by which it can be estimated, 128.
purchaser entitled to, for deficiency in quantity, when, 110.

for deficiency of title, when, 104.

CONCEALMENT. See Specific Performance.

CONDITIONS OF SALE, purchaser's right to a marketable title may be modified by, 632.
CONFIRMATION, a transaction originally impeachable in equity may be cofirmed, 197.
but the confirmation must be done upon full knowledge, 190.

and with an intention to confirm, ib.

CONSIDERATION, inadequate, no ground to refuse the aid of equity, 178. Se Re-
version.

nor contingent, though failing, 156.

CONTINGENT INTERESTS, the Court will not interfere in the sale of reversions,
where expectant on contingencies which cannot be computed, 199.
valuation of, recent cases considered, 201, n.(n).

CONTINGENT REMAINDERS, title depending on destruction of, good, 384.
CONTRACT, to constitute a valid contract for sale, it must be in writing, 53.
and signed by the party to be charged by it, 54.

no peculiar form of writing necessary, 55.

sufficient if the terms be clear, ib.

correspondence may constitute an agreement, if the terms can be collected from it,

55--59.

so also may a receipt for the purchase-money, the auctioneer's memorandum
of sale, &c., 59.

the paper signed need not contain all the terms, if they can be collected from any
other paper clearly referred to, 60.

immaterial in what part of the instrument the signature be found, provided it au-
thenticate it, ib.

even the surname or initials will do, if they identify the party signing, 61.
signature by an agent will do, ib.

though only appointed by parol, ib.

for this purpose, auctioneer is the agent of both parties, ib.

when the agreement is parol, parol evidence is admissible to explain its contents, 75.
not where it is in writing, 76.

grounds of excluding parol evidence from explaining or adding to written agree-
ments, ib.

particular application of this rule to suits for specific performance, 77.
distinction between the situation of the plaintiff and defendant, as to admissibility
of parol evidence: it can never be admitted for the former,-it may for the lat-
ter, seeking only to show circumstances why the agreement should not be en-
forced against him, 78.

the nature of this distinction explained, 79.
considerations which reconcile the decisions, ib.

obscurity raised by parol evidence may be explained by parol evidence, 80.

CONTRACT,-(Continued.)

though variations agreed on are not a sufficient bar to performance of the original
contract, variations acted on may be, 82.

for sale, specific performance of, may be resisted on equitable grounds, 83. See
Specific Performance.

will be enforced in equity, though not in writing,

1. Where the sale is under a decree, 66.

2. Where there has been such part performance by one party, that it would
be a fraud on the other not to enforce it. See Part Performance.

See Sale of Lands; Breach of Contract.

CONVEYANCE, in the absence of agreement, must be prepared and tendered by and
at the expense of, the purchaser, 130, n.

the agreement should contain a stipulation to that effect, 132, n.

the vendor must himself execute the conveyance, or surrender copyholds, 386.
may be had from the infant heir of the vendor, 168.

or from a person become lunatic after the contract, 176.

See Sale of Lands.

COPYHOLD, when described as freehold in the particulars of sale, the contract will
not be enforced, 106.

not necessary to show the identity of the description in the particulars, with that
on the court rolls, 119.

COSTS, in a suit for specific performance, the party failing is prima facie liable to,
350.

the general rule is, that a vendor, filing his bill before he has made a good title,
must pay the costs up to the time when he shows a good title, and the pur-
chaser those incurred afterwards, 351.

the vendor, subject to these rules, must pay costs, when he renders the suit neces-
sary by his own conduct, 352-355.

or when he contests a point, upon which the Court is ultimately against him,
352.

and though he be a trustee, that makes no difference, 353.

so, also, where he establishes his title on grounds different from those shown by
the abstract, ib.

when the sale is under a decree, how the costs are to be paid to the purchaser, 354.
of a suit for perpetuating testimony allowed a purchaser, when, ib.

the purchaser must pay costs, where his conduct has been fraudulent and dishonest,
or vexatious and unconscionable, 356.

when he unsuccessfully objects to the title, 359.

or when the Master finds a good title was not shown previous to filing the
bill, merely on the ground of certain evidence not having been furnished
till that period, that evidence having in fact been offered, but not furnished
because the purchaser expressed no wish to have it, 358.

each party left to pay his own costs,

where the purchaser required certain evidence, which the vendor refused to
produce as immaterial, some of which the Master found to be necessary,
the rest not, 359.

in suits arising out of the sale of reversionary interests, when, 360.
where the bargain inadequate as to the price, ib.

where the vendor goes into the market with a good but obscure title, 361.
where both parties are wrong, 362.

if in different degrees, the payment of costs
will sometimes be adjusted accordingly, 363.
the suit being rendered necessary by the misconduct of a trustee, he was ordered

to pay the costs both of vendor and purchaser, 365.

the bill will be dismissed without costs, when, 345-366.

when the contract is set aside for inadequacy, purchaser to have costs, 366.

the answer may always be read as to the question of costs, 368.

COVENANTS, not to build or plant on ground appropriated for lawns, squares &c.,
effect of, 545.

whether title depending on them be marketable, 546.

CROWN, re-grants from, of forfeited or escheated lands, how they affect the title, 538.