No. VI. ner herein before appointed for payment of the same, according to the true intent and meaning of these presents; and also, that the said John Smith that he has now hath in himself good right and absolute authority by these presents to right to asappoint and release, or otherwise assure the said messuage, hereditaments, sure; and premises to the use of the said Charles Green, his heirs and assigns, forever, in manner aforesaid, and according to the true intent and meaning ces; ance. of these presents; And also, that (subject to the declaration and agree- for quiet enment hereinafter contained) it shall be lawful for the said Charles Green, joyment; his heirs and assigns, from time to time, and at all times forever hereafter, peaceably and quietly to enter into or upon, and hold and enjoy the said messuage, hereditaments, and premises, and every part of the same, and to receive and take the rents and profits of the same, without any interruption or denial whatsoever, from or by the said John Smith, or any other person or persons whomsoever; and that free and clear from all charges and encum- free from all brances whatsoever; And also, that the said John Smith and his heirs, and incumbranevery person whosoever having any estate, right, title, or interest, at law and for furor in equity, in, to, upon, or out of the said messuage, hereditaments, and ther assur premises, or any part thereof, will, at any time or times hereafter, upon every reasonable request of the said Charles Green, his heirs, executors. administrators, or assigns, and at the costs and charges of the said John Smith, his heirs or assigns, until the said hereditaments and premises shall have been sold and conveyed under the power of sale herein before contained, or the right or equity of redemption therein shall be released, barred, or extinguished, and thenceforth at the costs and charges of the said Charles Green, his heirs or assigns, make, do, execute, and perfect every such lawful act, deed, appointment, conveyance, or assurance in the law whatsoever, for more effectually or satisfactorily limiting, appointing, releasing, confirming, or otherwise assuring the said messuage, hereditaments, and premises, and every part of the same, to the use of the said Charles Green, his heirs and assigns, forever, or as he or they shall direct, according to the true intent and meaning of these presents, as by the said Charles Green, his heirs or assigns, or his or their counsel in the law, shall be reasonably advised and required. Provided also, and it is hereby further declared and agreed, Proviso for by and between the said parties to these presents, and particularly the said quiet enjoyCharles Green, for himself, his heirs, executors, and administrators, doth mortgagor hereby covenant with the said John Smith, his heirs and assigns, that, un- until default til default shall be made in payment of the said sum of £900, or the interest thereof, or any part of the same respectively, contrary to the true intent and meaning of the proviso or agreement for redemption herein before contained, it shall be lawful for the said John Smith, his heirs or assigns, to hold and enjoy, and to receive and take the rents and profits of, the said messuage, hereditaments, and premises, without any interruption or denial whatsoever of or by the said Charles Green, his heirs, executors, administrators, or assigns, or of or by any person or persons rightfully claiming or to claim by, from, under, or in trust for him or them, any thing herein before contained to the contrary notwithstanding. En witness whereof, the said parties hereto have set their hands and seals, this 1st day of March, 1844. Signed, sealed, and delivered by Robert Brown. ment by INDEX. ABANDONMENT of right gained by pre- | Alien-(continued). scription, 9, n, 264, n. Abbey lands, exemption of, from tithes, 32. Abstract of a fine, 351, App. 530. Acceptance of bills, 468. Accession, title by, 404. Acknowledgment of feme covert's deed, Act, private, 344. Action, limitation of right to bring, 266, n. what rights of action may not be alien- denization and naturalization, 249. who may alien and to whom, 290. of rights of action, &c., 290. by devise, 373. by special custom, 365. Allegiance, origin of oath cf, 53, n. Alluvion, title to, 261. Almanac, the crown has no right to grant Alteration of deeds, 308. Anatomy, offense of stealing bodies, 429. Animals, property in, 5, 389, 390, 402. writ of annuity, 41, n. may be granted in fee or in tail, 41, n.,113 Assumpsit, consideration to support, 443. Beneficia, 52, n. Assurance. See "Insurance." Assurances, common, 29. covenant for further, App. Attainder, escheat on, 251, 290. Attorney to deliver seizin, 315. wrongful, a forfeiture, 275. Autre vie, 120. See "Estate." general and particular, 460, n. Averium, 424. Avulsion of land, 261. BAILIWICK, 38. Bailment, 295, 451, et seq. Bank of England, privileges of, 468, n. Bankers, restrictions in banking compa- promise to pay by, after certificate, bankrupt formerly treated as an offend- er, 471, n. confined to traders, 473, 474. what is a trading, 476, 488, n. feme covert, 477, 488, n. Bequest. See "Will." Bill of exchange and promissory note consideration for, 446. for what amount legal, 468. acceptance, protest, presentment for stamp, 469. action on, 470. interest on, 463, n. Bill of lading, 449, n. Bishop, crown entitled to hounds of, on his death, 413. mortuary to crown on death of, 426. Blood, corruption of, 251. Bodies, remedy for stealing, &c., 429. how far a charge on land, 340. the whole penalty not always recover to resign a living; when legal, 280. petitioning creditor's debt, 475, 488, n. Borrowing, 453. act of bankruptcy, 477, 488, n. assignees' title to estate and property mutual credit and set-off, 487, n. interest, ib. Court of Bankruptcy, 488, n. contingent debts, 488. superseding commission, ib. Court of Review, ib. for a year, 339, App. 521. Wife." Bargain and sale, 338. Botes or estovers, 35, 122. CALENDAR, new style, 140, n. Canon law, degrees of consanguinity, 206. Capite, tenure in, 60. ut de coronâ, and ut de honore, 60, n. Cart-bote, 35. Carriers, special and general, 453, n. lien of, ib. Baron and Feme. See "Husband and Castle, what, 19, n. Cattle gates, 34, n. 2. Chattels, real and personal, 143, 384. See Consanguinity, degrees of, 202, 206. estates. See "Estate." Check, banker's, 466, n. Chevisance, the word, 474. Chief rent, 42. Chirograph, 296, App. Chivalry, tenure in, 61. See "Tenure.” bills and notes are assignable, 468. Civil law, degrees of consanguinity ac- Clergyman, mortuary to bishop on death when prohibited from hunting, 412. Codicil, 500. Cognati, 235. Cognovit, effect of insolvency, 488, n. Commission in bankruptcy, 480, 488, n. tate. right of, 32, et seq., 263, 266, n. of turbary, 34. of estovers, 35. Common law, preference of operation of a deed by, 379, n. Community of property still subsists in Company for banking, restrictions on, Composition with creditors, 484. distinguished from a remainder and a implied or express condition, 152, 154, precedent or subsequent, 154. collateral, 204. Conscience, nature of, 8, n. Consideration for a contract, 443, 468. in a deed, 296. different kinds of, 444. Construction of deeds and wills, 115, 297, Contingent remainders, 169. See "Re- conveyance of, 290, n., 354. legacy, 513. Contracts, 442, et seq. are either special or parol, 296, n., 446, when to be in writing, 306, n., 442, 447. signature by one party only, 442. how waived by parol, 382, n. express or implied, 443. nudum pactum, 445. four kinds of, 446. See "Bailment,” 66 99 66 Borrowing, Debt," "Exchange,1 for sale of goods, to be created at a fu. Conveyances, origin and history of, 9, 287. who may convey, and to whom, ib. kinds of, 294, 309, et seq. lease and release, 339. at the common law, or under the Stat by matter of record, 344. of freehold, 311, et seq. of contingent remainder, 290, n., 354. Coparceners, 187. See "Estate." varieties of tenures by custom, 148. |