ESCHEATS-continued. 3 & 4 Wm. 4, c. 106, 128, n. (c). derivation of word "escheat," 187, and n. (e). the principle of the law of, 188, and n. (ƒ). trust and mortgage estates do not now escheat, 4 & 5 Wm. 4, doctrine of escheat upon attainder, 190. corporation lands not liable to escheat, 190. ESTATE, definition of, 133. freehold of inheritance, 133. nature and properties of estates, 133. ESTATES TAIL, the statute de donis, 136, 137, and n. (c). what may or may not be entailed, 137, and n. (a). are either general or special, 137. either in tail male or tail female, 138. word necessary to create, 138. incidents to, 138. how barred, 139, and n. (e). the statute 3 & 4 Wm. 4, c. 74, abolishing Fines and Recoveries, no longer barrable by warranty, see 3 & 4 Wm. 4, c. 74, 138, but may be disposed of in fee simple, 138, n. (e), s. 15. disposition of by married women how to be exercised, 140, n. (e), disposition of by married women ex provisione viri, how to be power of tenant in tail to enlarge base fees, 139, n. (e), s. 19. who, under the statute must be the protector of the settlement, base fee enlarged instead of merged, by union with reversion, 139, disposition by tenant in tail must be by deed, not by will or con- if by married woman, her husband must join, id. every assurance by tenant in tail, except lease for twenty-one years consent of protector, how given, 139, n. (e), ss. 42, 43, 44. a married woman protector to consent as feme sole, 130, n. (e), s. 45. the Bankrupt Act, 6 Geo. 4, c. 16, so far as it relates to tenants provisions in case of tenant in tail becoming bankrupt, 139, 140, ESTATES TAIL-continued. the commissioners may sell lands of bankrupt, 139, 140, n. (e), also base fee in lands, 140, n. (e), s. 57. as to consent of protector, id. s. 58. as to enrolment, id. s. 59. entry on court rolls, id. deed of consent, id. effect of disposition of estate tail by commissioner without pro- act applies to lands of any tenure directed to be sold, and money a married woman, with her husband's concurrence, may dispose of every deed by married women to be acknowledged before a judge special commissioners may be appointed to take acknowledgment ESTATES FOR LIFE, 142. created by deed or grant, 142. as to undertenants, or lessees of tenants for life, 143. ESTATES PER AUTRE VIE, destination of, under 7 Wm. 4, and 1 Vict. c. 26, where owner ESTATES UPON CONDITION, 152. upon condition implied, 152, and n. (a). upon condition expressed, 153, and n. (c), 154, and n. (d), 155. in possession, 157. in severalty, 165. in joint tenancy, 165. acts of bankrupt tenant in tail void against disposition of com- tenant in tail retains power of disposition subject to commissioners' commissioners' powers of disposition not affected by bankrupt's effect of disposition of copyhold by commissioner, id. s. 66. when assignees may recover rents and enforce covenants, as if in co-parcenary, 167. in common, 169. in remainder, 157, and n. (a). in reversion, 163. less than freehold, 118. ESTATES-continued. for years, 148. what constitutes estates for years, 148. tenant for years entitled to estovers, 149. what determines the will, 150. copyhold, 151. See COPYHOLD, and MANOR. by sufferance, 151, and 152, n. (b). ESTOVERS, 143. who is entitled to, 143. 149. EVIDENCE, definition of, 448. documentary evidence, 449. deeds of thirty years old prove themselves, if witnesses be dead, best possible evidence must be produced, 449. rule of 4 Wm. 4, as to admission of documents at trial, 449, and party refusing to admit documents, may be ordered to pay costs of proving them, id. parol evidence, 450. of the subpoena, 450. resonable expenses must be tendered, 450. consequence of disobeying subpoena, 450. of habeas corpus to bring up prisoner to give evidence, 450, n. t). of commission to examine witnesses, under 1 Wm. 4, c. 22, 450, who are eligible as witnesses, 451, and notes (w) and (x). who are not eligible, 451, and n. (v). provisions of 7 Wm. 4 and 1 Vict. c. 26, as to evidence of cre- and as to evidence of executor, id. provisions of 3 & 4 Wm. 4, c. 42, as to witnesses objected to as provisions of 54 Geo. 3, c. 170; 1 Anne, st. 1, c. 18; 55 Geo. 3, one credible witness sufficient, 452. positive proof, when required, 452. circumstantial evidence, where allowed, 452. of probable presumption, 453. witness sworn to depose the whole truth, 453. of demurrer to evidence, 453. of evidence in criminal prosecutions, 601, 602. bill of, 453. EXCHANGE, definition of, 217. EXCHANGE-continued. act 4 Wm. 4, c. 30, to facilitate exchange of lands in common owners of lands in common fields may exchange for any other land, all persons are enabled to give land in exchange, id. but in case of persons having limited interests, consent of re- consent of patron and bishop necessary to exchange of church the exchange must be in the form given by the act, id. and in case of copyholds, must be entered in Court Rolls, id. objections thereto must be sent in writing to clerk of peace, id. when fixtures cannot be taken in, 259, n. (a). in real and mixed actions, 469, n. (a). provisions of 11 Geo. 4, and 1 Wm. 4, c. 70, as to immediate in a quare impedit, 469. of special writs of, 469. in replevin, 469. in actions for debt and damages, 470. provisions of 1 Wm. 4, c. 7, as to immediate execution in all actions extended by 3 & 4 Ŵm. 4, c. 42, s. 19, to executions on writs of in assumpsit, id. covenant, id. case, id. trespass, id. replevin, id. detinue, id. if for defendant for costs only, except in replevin, id. effect of, 471. defendant in custody, how to be kept, 471. where non est inventus is returned thereto, 471, and n. (e). provisions of 1 & 2 Vict. c. 110, as to new forms of writs of in pursuance whereof, new forms ordered, 472. EXECUTION-continued. provisions of 6 Geo. 4, c. 16, s. 108, as to executions on judgments provisions of 1 Wm. 4, c. 7, thereon, id. provisions of 2 Vict. c. 29, as to executions and attachments provisions of 17 Car. 2, c. 8, s. 1, as to death of either party be- there must then be a scire facias by executor to get execution, id. power of the sheriff under writ of fieri facias, 472. cannot break open outer doors, id. may seize and take money or bank notes, 472, n. (h). and cheques, bills of exchange, bonds and securities, id. judgment creditor may, in the name of sheriff, sue for recovery of but sheriff must be first indemnified, id. stocks, shares, &c., of debtor may be charged by judge's order, 473, provisions of 8 Anne, c. 14, in favour of landlords, where tenants' provisions of 56 Geo. 3, c. 50, as to crops, hay, straw, manure, &c., which, if sold under execution, must be expended on premises, id. proceedings thereunder, 473-4. provisions of 1 & 2 Vict. c. 110, as to writs of elegit, 474, n. (j). also copyhold lands, id. and rectories, tithes, rents, &c., id. of the writ of extendi facias, 475. must now be registered as directed by 2 Vict. c. 11, to be effectual writs of execution as to party himself bind the goods from their but property of goods in debtor till execution executed, 476, EXECUTION OF CRIMINALS, 615. performed by the sheriff, 615. provisions of 9 Geo. 4, c. 31; 2 & 3 Wm. 4, c. 75; 4 & 5 Wm. 4, EXECUTOR, of the nature and appointment of, and of the persons who may act infant may be appointed but cannot act till twenty-one, 295. appointment of, essential to will, 295. if will, and no executor, there must be administration cum testa- if executor refuses to act, administration granted to residuary |