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in giving character of servant, when action-
able, 78, 79; 7 Bing. 105.
when pecuniary penalty, 79.

in contract of sale, case the proper remedy,
142, n. (d).

no action on verbal misrepresentation of
credit of a person, 9 Geo. 4, c. 14, 140,
142, n. (g).

Deeds, title, belong to owner of estate, 95.
Deeds in general. See Conveyancer. Vendor &
Purchaser.

difference between, and simple contracts,
and utility of, 114.

recitals in, use of, 113, 114.

when a deed necessary to convey, 305.
requisites of conveyances in general, 301.

all intended stipulations to be inserted, 119,

120.

premises, 301.

covenants for title, 341 to 345.
who to execute, 303.

consequence of alterations, 304.
having several operations, 302.

who to elect how it shall operate, 302.
custody of drafts of, 304.

registry of, and notice thereof, 305.
when necessary, 305, post, ch. v.
several kinds of, 305 to 340,

general rules respecting the choice of, 307.
operating at common law, 308 to 322.

operating under statute of uses, 27 Hen. 8,

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specified devisee not liable to ademption.
6. Revocation and republication, 363, 364,
7. Devises under powers, 364.

8. Devise of copyhold, 364, 365.
suggested form of a will of realty and per-
sonalty, 360.

in tail general male and female, 361.
in tail special, ib.

short devise in strict settlement, ib.
of life estate in præsenti, ib.

of life estates in remainder, 362.

in remainder to females as tenants in com-
mon, ib.

devised bequest of residue of property, ib.
appointments, executors, 111, 362.
attestation, ib.

Dignities and Offices, 221.

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what and how punishable, 133, 134.
Emblements, 91.

defined, 91 to 94, 161.

when belong to executor and not the heir,
91 to 94.

when landlord entitled to, if lease forfeited,
7 Bing. 154.

crops of natural grass belong to heir, 92.
devisee when entitled to, 92.

sale of growing crop not within Statute of
Frauds, 93.

nor of underwood or growing trees, ib.
who entitled to, 261, 262.

Enfranchisement, 351.

Equitable Estates and Interests,

distinction between, and legal, 7, 8, 322 to
$24, 365 to 373.

Equitable Mortgages, 335, 106, 7, 8.

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1. meaning of terms are two-

1. the thing, 159, 249.

2. the interest in the thing, ib.
2. incidents of, in general, 242.
power of alienation, ib.

forfeiture by transferring a larger estate,
243, 287.

distinctions between freehold and lease-
hold, 244.

3. several kinds of words creating, and in-
cidents, 241 to 264.

in fee simple, 245 to 250, 258.

by what words, 247.

incidents, 258 to 264.

in tail, 246, 250, 258.

by what words, 250.
incidents, 258 to 264.
for life, 246, 251, 258 to 262.
by what words, 251.
incidents, 259 to 264.
for years, 247, 252, 259 to 262.
by what words, 252.
incidents, 259 to 264.
from year to year, 254, 259 to 262.
by what words and incidents, 254.
incidents of, 259 to 264.

at will, 256, 259 to 262.

by what words and incidents, 256.

Estates-(continued.)

incidents, 259 to 262.

at sufferance, 257, 259 to 262.
by what words and incidents, 257.
incidents, 259 to 262.

of mortgagor and mortgagee, 257, 8.
right of voting in respect of each, 262 to
264.

4. Times of enjoyment, 264 to 268.
in possession, 264.

in remainder, 265 to 268.

does not create a settlement, 10 B. &
Cress. 62.

in reversion, 265 to 268.

must be an actual injury, ib. 1 B. &
Adolp. 391.

5. Number of owners,

parceners, 268.
joint-tenants, 269.

tenants in common, 270.

6. Modes of acquiring or losing interest in,
272 to 365. See Alienation. Conveyance.
Copyhold. Descent. Devise. Lease.

7. distinctions between legal and equitable
interests, 365 to 373.

Estates of Inheritance,

how and by what words created, 247.
Estates or Interests in real property,

the different kinds and general outline, 238.
distinction between interest and mere au-

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Farm,

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fish ponds, 193.

navigable rivers, 197, 8.

several fisheries, free fishing, common of
fishery, 224.

Fish and Fisheries, 189.

in general, ib.

Fish Ponds and Dams, 193.

Fixtures, 94, 161.

defined, ib.

property therein, ib.

law respecting, in general, 94, 95.

injuries to, remedies and punishments, 162.
protected from larceny and malicious in-
juries, 95.

how to describe offence to, excepting against
tenant, 138, 9.

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distinction between, and leasehold, 244.
of inheritance, right to vote for members of
parliament in respect of, 262.

for life, right to vote for members of parlia-
ment in respect of, 263.

cannot by common law conveyance com-
mence in futuro, aliter by conveyance
under statute of uses, 244, 5.

how pleaded, 245.

Free Warrens, 223.

Fructus Industriales, 92.

Fruit, 93.

protected from larceny and malicious inju-
ries, 93, 4, 410, 11.

Funds, 96, 7. See Stock.

property in, 96, 7.

Game, 188. See Preserves. Night Poaching. War-
rens. Hares.

in general, 188.

preserves, 187.

Game Act, 1 & 2 Wm. IV. c. 32. enact-
ments of, 403, 406, ch. vii.

laying poison for, 137.

night poaching, 9 Geo. IV. c. 69, remedies
and punishments, 401, 2, 3.

spring guns, illegal to set, 7 & 8 Geo. IV.
c. 18, 406, 7, ch. vii.

Gardens and Orchards, 177.

offences in, how punishable, 177, 8.

Gaol, 173.

Gift,

building how far prohibited, 173.

gifts to children, 65, 6.

title by, in general to personalty, 104.

Gifts and Grants,

of personalty, 104 to 108.

of real property, 309.

Glebe Lands, 163.

rights, injuries and remedies, 164.

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tion, 127, 8.

what is or not a continuing guarantee, 128.
when a surety cannot countermand future
liability, 82, 83.

guarantee's indemnification, 129, 130.
when discharged from liability, 128, 9.
Guardian and Ward, 69. See Parent and Child,
61 to 69.

testamentary guardian who, ib.

widow does not gain a settlement by resi
dence in respect of an equitable estate, 8.
how guardian to controul ward, 69.
offence of marrying ward, ib.
controul over guardian, 69, 70.
maintenance of ward, how obtained, 70.

Habeas Corpus. See ch. viii.

when apprentice may apply for, 70, ch. viii.

Harbours and Ports, 200.

Hares, 89. See Game. Animals.

how protected, 89, 186, 187.
Hare Warren, 186.

Hay-bote, 260.

Health, 42.

See Game.

Animals.

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House-breaking,

in day time no longer punishable capitally,
2 & 3 Wm. 4, c. 62, 132.

Hundred, 137.

when liable for felonious and tumultuous
damage to personalty, 137.

the same as to real property, 411.
other liabilities of, repealed, ib.

for destruction of what buildings, 172,
173.

what injuries liable for, 410.

Husband and Wife, 53.

marriage, 53 to 37.

settlements and observation, 57.

deeds of separation illegal, 58.

divorce on what grounds obtained, 58,

59.

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Illegal Damaging,

of personal property of a civil or criminal
nature, 135.

Illegal Detentions, 185.

Illegal Imprisonment. See Imprisonment.
compensation for, 49.

Illegal Takings,

of personal property, 130.

Imprisonment.

cution.

what, 47, 48.

See Malicious Arrest.

false, defined, 48.

Prose-

when may escape, or be rescued, or break
prison, 48, 49, ch. vii.

Imprisonment (continued.)

danger of, and expediency of issuing habeus
corpus, 48, 49. ch. vii.

compensation for, when case or trespass, 49.

Improvements,

defined, 174.

when not removeable, ib.

Inanimate Moveable Personal Property, 89.
Inclosures, 237.

from waste, to whom belong, 237, 238.
Incorporeal Property,

titles or modes of acquiring an interest in,
272, 274.

civil injuries to, in general, and remedies,
393 to 400.

criminal injuries to, 412.
Incorporeal Real Property,

defined, and qualities of, 203.

differs in what, from corporeal and person-
alty, ib.

may be of freehold or copyhold tenures,
232.

several kinds of, 206 to 229.

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carnal knowledge of female infants, 40.
abduction of, 40.

Inheritance, 245. See Fee Simple. Estate.

how and by what words created, 247.
estate of, 248.

freeholds of, right to vote for members of
parliament in respect of, 262.

copyholds of, right to vote for members of
parliament in respect of, 263.

Injunctions in Equity,

in general. See ch. viii.

as affects the person.

not granted to restrain a libel unless on
ground of copyright, ch. viii. Chit. Eq.
Dig. 655.

aliter if libel relate to pending proceed-
ings, id. ib.

but unnecessary scandal might be struck
out, 44.

to controut parents, 64.

as affects personal property,

to restrain piracy of copyright, 139, 140,
ch. viii.

to prevent breach of contract on sale of
a business, 141, n. (z), ch. viii.

to prevent ships sailing, ib.

to prevent opposition coach running, 141.
to prevent other breaches of contract, ib.
as affects real property,

breaches of contracts relating to, ch.

viii.

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