Sherwood's Manx Law Tenures index

INDEX.

ABBEY LANDS.: original nature of tenancy of, 1-2; effect of Act of Revestment, 5
ACCUMULATIONS.: law as to, 126
ADMINISTRATOR: leave granted to, to sell real estate for payment of debts, 133
ALIENATION: effect of Act of Settlement on, 32-5, 38; licence of Lord required, 32; of Baronies, 35-6; of customary estates by deed, 32; power of, as against heir-at-law, 36
BANGOR AND SABAL, BARONY OF: original nature of tenancy of, 2; effect of Act of Revestment, 5; estate of tenants of, 15; not included in Act of Settlement, 10, 14-5; rights of alienation by tenants of, 35-6
BANKRUPTCY: effect of on Dower, 74
BARGANE-EIREY: curtesy out of lands acquired by, 75; defined, 27, 95; dower out of lands acquired by, 72; lands acquired by, liability to be taken in execution for debt, 73 (n), 100; not devisable by Will, 100; otherwise similar to inherited lands. 73 (n)
BARON COURT: nature and jurisdiction of, 14
BENEVOLENCES: paid to Lord, 8
BISHOP'S BARONY: estate of tenants of, 15; nature of tenancy of, 2; not affected by Act of Revestment, 5; not affected by Act of Settlement, 10, 14-5; payment to Bishop by tenants of, 35-6; rights of alienation by tenants of, 35-6
BOND AND SECURITY: nature of, 61; when assignable, 70
CHILD: when it may inherit, though born out of wedlock, 29-30
CONDITIONAL FEE-SIMPLE,: 122 et seq
CONTINGENT REMAINDER: not destroyed by determination of particular estate, 125
CONVEYANCE: form of a deed of, 38-9; by married woman of her own lands, 32; by married woman. by joining in, bars dower, 42; originally by delivery of straw and entry on Manorial Rolls, 37
COTTAGES: defined, 20; after 3 descents, lands of inheritance, 25, 105; devisability of, 87
CROWN, THE.: grant of Island by, to Stanley family, 1
CURTESY: does not depend on birth of issue, 75; forfeited on second marriage, 75; "on death of wife within a year and a day after marriage, 77-8; out of an equitable estate, 79; out of lands acquired by inheritance or bargane-eirey, 75; out of lands acquired by voluntary settlement or devise, 76; out of lands of wife before 1853, 83-5; out of lands of wife since 1853, 83
CUSTOMARY ESTATES: tenure of. defined, 11; freehold in Lord, 12; descriptions of, various, 12, 18-23; alienation of, effect of Act of Settlement, 32-5; originally inalienable by deed without licence of Lord, 32
DEBTS: all lands now liable for, 74 (n), 98 (n); certain inheritance lands formerly not liable for, 73; liability for husband's, of lands of wife not liable to be taken in execution for, 75; liability for husbands, of lands of wife acquired by voluntary settlement or devise, 76; liability for, of purchased intacks of ease. 104; liability for, of detached intacks. 121; liability for, of quarter lands acquired by bargane-eirey, 73 (n), 100; liability for, of quarterlands acquired by devise, gift, or voluntary settlement, 101; mortgage of inheritance lands, for payment of. 97; preferential, 62; sequestration of inheritance lands for payment of, 96-97
DEED: attesting witnesses not essential to, 42; construction of, 42; sealing not required, 42; technical words in, rule as to, 43
DESCENT: 24-31; of inheritance lands, 25-6; of lands purchased or acquired otherwise than by bargane-eirey, 28-9
DEVISE: all lands now devisable, 95 (n); of cottages, 87; of intacks, 87; of intacks, when detached, 105, 121; of intacks of ease, acquired by purchase, 104; of intacks acquired otherwise than by purchase, not devisable, 104; inheritance lands, formerly not devisable, 95; bargane-eirey, lands acquired by, not devisable, 100; quarterlands acquired by devise, gift or voluntary settlement, not devisable, 100; of purchased lands of husband, by wife, 81-2; of purchased quarterlands, 87
DISAFFORESTING ACT: effect of, 5; provisions of, as to quarrying stone, App. note 5
DISTRICT PROBATE SESSIONS - see PROBATE SESSIONS
DOWER,: 72-86; purchased lands of husband, out of, 81-2; inheritance lands of husband, out of, 72; bargane-eirey, out of lands of husband acquired by, 72; equitable estate, out of, 79, 132; voluntary settlement, out of lands of husband acquired by, 73; devise out of lands of husbands acquired by, 73; second wife, right of, to, 72-3; illegitimate child, birth of, forfeits right to, 72; barred, how, in case of lands not liable for debts, 73-4; barred, how, in case of lands not 1iable for debts, 74; barred, cannot be, in purchased lands, 83; debts, liable to, if in purchased lands, 83; mortgagee, possession of, does not forfeit, 79, 81; husband, forfeited by death of, within a year and a day after marriage, 77-8; husband, possession of lands by, not necessary to entitle to, 78-9.; out of dower, allowed, 79.; leases of husband, how affected by, 76-7; trusts to prevent, 135
EASEMENTS: indefeasable after 21 years at Common Law, 151; no Statute of Limitations as to. 151; user of, to confer right, must be against tenant in fee, 151
ENQUEST, GREAT: duties of, on grant of intacks, 21
ENTAIL: none in Isle of Man, 41, 122 et seq
EQUITABLE ESTATES: however acquired, are devisable, 131; dower allowed out of, 132
EQUITY OF REDEMPTION: in England, 47; owner of, resident in Island, sued in Deemster's Court, 70; right of, limited by Act of Settlement, 49, 59-60
ESTATES: various kinds that can be created in lands in Isle of Man, 122-9
EXECUTOR'S CROP: 144-7
EXECUTORY DEVISE: estates created by, 122-125
FARM-LANDS see QUARTER-LANDS
FORECLOSURE: power of, 48
GREAT ENQUEST: duties of, on grant of intacks, 21
HALF -BLOOD: excluded by law of descent of purchased lands, 29
HUSBAND: wife, lands of, has control and possession of profits of during coverture, 85; power of, to bar dower, out of his inheritance lands, 76-7; power of, to bar dower, out of his bought lands, 83
INFANCY: of owner of equity of redemption. no bar to suit in Deemster's Court, 70
INTACKS: 20-3, 104-121; quaere, included m Act of 1662, 104; effect of Act of 1645 on, 104-5; Settlement, Act of, effect of on, 108-11; curragh, 118; of inheritance, 117-8; what are, 20; of ease, 20, 104; of ease purchased, liable to be taken in execution for debt, 104; of ease otherwise not liable for debts, 104, 120; of ease purchased, considered chattels, 24, 104, 107; of ease purchased, devisable, 87, 104; of ease otherwise not devisable, 104, 106, 120; of ease not purchased, lands of inheritance, 25, 110, 111; tenure, mode of creating, 20-1; 1777, effect of Act of, 25, 120; detached, when lands of inheritance, 25, 107; detached, devisable by Will before passing 3 descents, 105, 121; detached, and also liable for debts, 121; detached, descended as inheritance lands after passing 3 descents, 105, 107; detached, after 3 descents not devisable or liable to be taken in execution for debt, 121
JOINT TENANCY: words in England creating, create tenancy in common, 129
LANDS: various classes of, 5-6
LEASE: by mortgagor, not binding on mortgagee, 68-9; by husband, of inheritance lands, so as to bind dower, 76-7; by husband, of purchased lands, so as to bind dower, 83; power to, so as to bind wife's dower, 127; power to, as against heir-at-law of lessee, 127-8
LHANES: defined, 118 and note
LIMITATIONS: statutes of, 148-152; action for real property barred after 21 years by Act of 1593, 148; disability, provisions of Act of 1662 as to, 148-9; incorporeal rights, in respect of, 151; bar remedy, do not extinguish right, 149; Act of 1891, summary of, 151 (note)
LIVERY OF SEISIN: not necessary to transfer customary estate, 40
MANORIAL ROLLS: entries in, 37-9; entries in, sufficient title, 37; entries in, required by Act of Settlement. 38; entries in, not necessary to complete title, 39
MARRIED WOMAN: . devises by, 77
MAUGHOLD BARONY: defined, 2 (n), 16; nature of tenancy of, 2; Revestment, not affected by Act of, 5; Settlement, not affected by Act of, 10, 14-5; holders of, title of present, 15-7; lands comprised in, 16
MILLS: 19-20; devisable, when, 87; on intack lands of inheritance after three descents, 25, 105
MINERALS: Bishop's right to, 15; reserved to Lord by Act of Settlement, 11, 12.; rights of tenants to, 12
MOAR: duties of, 13, App. Note 5
MONASTERY OF RUSHEN: effect of, 27 Henry VIII. on, 3 and note
MORTGAGES: 47-71; provisions of Act of Settlement as to, 49, 70; Act of 1835, how affected by, 60, 67, 69; English, nature of, 47; English, rare in Isle of Man, 47 and note; equitable, unknown, 71; form of, from 1703-1835, 50, 51; nature of ancient Manx, 47-9; mortgaged property primarily liable for, on death of mortgagor, 69; position of mortgagor under, 61, 68; present form of, 61, 65 (note), 66; registration of, priority according to, 71; remedies of mortgagee under, 62, 65
MORTGAGEE: entitled to priority of payment, 64; estate of, in England, 47; estate of, in Isle of Man, 48; position of, prior to Act of Settlement. 48; position of, subsequent to Act of Settlement. 49; purchase of mortgaged property by, under execution, 64-5; remedies of, under Act of 1835, 60, 62; remedies of, under Bond and Security, 62-3; subsequent, should be made parties to judgment, 67-8
MORTGAGOR: estate of, in England, 47; estate of, in Isle of Man, 48; lease by, cannot bind mortgagee, 68; position of, prior to Act of Settlement, 48; position of, subsequent to Act of Settlement, 49; position of, under deed of Bond and Security, 61, 68, 81
PERPETUITIES: rule of. in Isle of Man, 126
POWERS: 134-5
PRIORY OF DOUGLAS: effect of, 27 Henry VIII. on, 3 and note
PROBATE SESSIONS: 92 (note)
QUARTERLANDS: origin of name, 19; number of, 23; double rents paid for, 8; purchased, originally considered chattels, 24; methods of acquiring, 95
RECEIPT TO CANCEL: deed of Bond and Security, 66
REGISTRATION OF DEEDS: 137-143; under Act of Settlement, 137; unrecorded deeds, when void as against subsequent bona-fide purchasers for valuable consideration, 138-9, 141; notice of prior unregistered deed prevents preference by reason of prior registration of a subsequent instrument, 142.; equivalent to notice of existence of deed, 142; existing law as to, 139
RENT: one year's payable in preference. 62; apportionment of, between heir-at-law and executor, 144
REVESTMENT, ACT OF: 4; supplementary Act of, 4
REVOCATION: power of, in Deed, 133; effect on legal estate, 133
RUNNER: 13 (note)
SAINT TRINION, BARONY OF: nature of tenancy of, 2; effect of Act of Revestment on, 5; estate of tenants of, 15; not included in Act of Settlement, 10, 14-5.; right of alienation by tenants of, 35, 36
SENESCHAL: 14
SER]EANT: duties of, 13
SETTING QUESTS: 14
SETTLEMENT, ACT OF: applies to Lord's and Abbey Lands only, 10 (note).; Baronies, does not extend to, 14, 15; customary estates, effect of on alienation of, 32-5, 38.; entry on Court Roll, on alienation required under, 38.; Intacks, effect of on, 107-11; redemption of mortgages. provisions as to, under, 49, 60.; re-enactment of, 11
SETTLEMENTS: customary voluntary, form of, 40; customary voluntary, to take effect "in futuro." 40; customary voluntary, take effect as deeds inter vivos, 41; customary voluntary, sometimes construed as Wills, 41; customary voluntary, power of revocation in, 40
SHELLEY'S CASE: rule in, not applicable to estates in Island. 126-7
STAFF LANDS: definition of, 2 (note); not included in Act of Settlement, 10, 14-5; not affected by Act of Revestment, 5.; lands comprised in, 16; tenancy of, nature of, 2; title of present holders of, 15-17
STANLEY, HOUSE OF: grant of Island to, 1-2; grant confirmed, 3-4; tenure of Island by, nature of, 2, 4.; reconveyance of Island to Crown by. 4, 5
STATUTES, ENGLISH: 27. Hen. VIII. c. 28 (dissolution of monasteries), 3; 17. James I.(confirmation of grant of Island to Stanley family), 3; 29. Car. II. c. 3 (devise of Lands). 89; 5. Geo. III. c. 26, (Act of Revestment), 4; 6. Geo. IV. c. 34 (Supplementary Revestment Act), 4
STATUTES, MANX: Spiritual Lawes and Customes §11, 77; 1577. Customary Laws §16, 29; 1582. Customary Laws §6 (alienation of customary estates), 32.; 1593. Limitation of actions for recovery of land), 148; 1645. (alienation of customary estates), 32, 34; 1645. (descent of Intacks, etc.), 104; 1649 and 1691 (Usury), 48; 1662 (descent of purchased Quarterlands), 24, 87, 101-2, 104.; 1662 (Limitations), 148; 1662 (Nuncupative Wills), 88; 1673 (alienation of customary estates), 32; 1704 (Act of Settlement), 10; 1737 (Sequestration of profits of lands of debtors), 96; 1777 (Act of Settlement), 11; 1777 (Nuncupative Wills), 88; 1777 (distribution of intestate's personal estate), 78; 1777 (interest of wife in husband's property), 24-5, 81-2, 83; 1777 (descent of lands to heir-at-law), 103, 120; 1817 (to prevent negotiation of Promissory Notes, etc.), 96; 1820 (for the better enforcing of common judgments, etc.), 97; 1835 (Mortgages Act), 60, 67, 69; 1847 (Registration of Deeds), 71; 1852 (rights of husbands and wives), 82-4; 1852 (Insolvent Debtors), 98, 101, 103; 1860 (Disafforesting Act), 5, 6; 1869 (Real Property Act), 74, 96 (n), 98 (n), 121 (n); 1869 (Wills Act), 88 (n), 90 (n), 95 (n); 1872 (Bankruptcy Act), 98 (n); 1884 (Judicature (Ecclesiastical) Transfer Act), 91-2 (n); 1891 (Statute of Limitations), 148 (n), 151-2 (n); 1892 (Bankruptcy Code), 98 (n)
STRAW, TENURE OF THE: definition of, 7, 37; estate of inheritance, in effect, 8; leasehold interest, in form, 7.
TRANSMARINES: 149 (note)
TRUSTEE: when Court will appoint new trustee, 132-3; legal estate vests ipso facto in trustee appointed by the Court, 133
TRUSTS: to prevent dower, 135-6
USES, STATUTE OF: not extending to Isle of Man, 130
USE: unknown in Island, 130
VOLUNTARY DEEDS: how affected by subsequent sales for value, 142
WAGES: servants', entitled to preference, 62
WASTE LANDS: 6
WILLS: construction of, 42; nuncupative, 87-8; probate of, 91-2; probate of, when held to be proof of execution of will as against heir-at-law, 92-4; words in, rule as to, 43; Wills Act, 1869, 88 (n), 90 (n)
WORDS, etc.: "beyond seas," 149-50; "descent," 106, 115; "die without issue," 44; "die without leaving issue," 44; "have no issue," 44; "inheritance," 106, 115; "issue," 46; "lawful issue" in Act of 1777, 85; "lawful issue of the body" in Act of 1777, 85; "to his heirs," 44-6