191

4. Covenant not to assign without

Licence, once dispensed with, the

Condition is gone, both in Law

and Equity: but the Principle

questionable, and not to be ex-

tended for Instance, to a mere

Act; where the Licence is to be

in Writing.

3. Lease set aside with Costs; as ob-
tained by the contrived and ha-
bitual Intoxication of the Lessor,
immediately on coming of Age,
at a very inadequate Rent; and
Acts of Confirmation held not suf-
ficient. Say v. Barwick. 195

See COVENANT 1. INJUNCTION 4,

6. SPECIFIC PERFORMANCE 2.

LETTER MISSIVE.

LICENCE.

LIMITATION.

1. Limitation over after a Limita-

tion, which never took Effect, es-

tablished; not operating as a Can-

dition precedcut. Meadows v.

Parry.

Page 124

"

LIMITATIONS (Statutes of.)

1. Length of Time adopted in Equity
by Analogy to the Statute of Li-

mitations.

539

2. Mere Demand, without Process
or Acknowledgment, not sufficient

against the Statute of Limitations

LUNACY.

540

1. Commission of Lunacy the Sub-

ject of Discretion; regulated solely

by the Benefit of the Lunatic, with

reference to the Care of his Per-

son and Property: not of course,

therefore upon the mere Fact of
Lunacy. Tomlinson, Ex parte. 57
2. The nearest Relations, though
opposing a Commission of Lunacy
shall have the Carriage of it, if
granted; unless some Reason to
the contrary. Tomlinson, Ex parte.
57

S. Sentence of the. Ecclesiastical

Court necessary; though the Mar-

riage

3. Clear Rate in Equity, that, where real Estate is directed to be converted into personal for a Purpose, which fails either wholly or partially, to that Extent the Money is considered real Estate. Page 174

MORTGAGE.

1. Inquiry directed, in case the Mortgagees consent to a Sale, whether it will be for the Benefit of the infant Heir of the Mortgagor. Mondey v. Mondey. 222 2. Demurrer to a Bill for Redemption of a Mortgage upon Twenty Years Possession by the Mortgagee over-ruled upon Allegation of Admission of the Mortgage Title within that Period. Hoate v. Hea·ley. 536

NE EXEAT REGNO. 1. Writ of Ne exeat Regno granted against a Person,Agenerally resident in Ireland; and in this Coun try only for a temporary Purpose; under the Circumstances, that a Balance was sworn to, for which, Bail might have been had; that the Plaintiffs had filed a Bill in Ireland, where the Transactions arose, for an Account; and a Proposal of Reference. Howden v. Rogers, 129 2. The Writ discharged on giving Security. Howden v. Rogers. 129 3. Ne exeat Regno granted: the Defendant's general Residence being in the West Indies, &c. 133 4. Writ

་་

Power, however large the Terms,

being in some Degree coupled with a Trust: but an equal Distribution is not required: nor any Reasou for the Inequality; unless a Share is clearly unsubstantial. Butcher v. Butcher. Page 79 40. Under a general Power of Appointment among all the Children' to by Deed or Will from Time to Time, &c. in Default of Appoint ment, equally at Twenty-one, &c. the Death of one above that Age does not prevent an Appointment to the Survivors. Butcher v. Buticher 4. Appointment void as far as it exceeds the Power: viz. to Grandchildren under a Power to appoint to Children. Butcher v. Butcher.

79

2. Depositions, taken de bene esse,

upon the Incapacity of the Witness, from a bodily Injury, to attend a Trial at Law, not published; as they could not be read without Proof at the Trial, that the Witness was then unable to attend; but on the Affidavit of the Surgeon as to the Probability of his Attendance, an Order was made for the Officer to attend at the Trial with the original Deposition; to be tendered; if the Incapability of the Witness to attend should be proved. Andrews v. Palmer. 21 3. Order, that Defendant a Prisoner in Newgate under Sentence for Forgery, being brought up for Want

of