By WILLIAM SELWYN, Jus. Esq.
Of Mncoln's iN*f Barrister At Law.

Quilibet scrip' r ade6 anxii sit solicitus, ut ad veritatem dicat, perinde ac si totius opens fides uniuscujusque periodi fide niteretur. Fur. 6 Rep.

PRINTED FOR W.CLARKE AND SONS, LAW BOOKSELLERS, PORTUGAL STREET, LINCOLN-SINN.

1817.

CONTENTS OF VOL. II.

CHAP. XVIII.

Ejectment. r»%*

I. Of the Nature of the Action of Ejectment . 658

II. By whom an Ejectment may be brought . 661

III. For what Things an Ejectment will lie . 663

IV. In what Canes an Entry must be made on the

Land before Ejectment brought . 665

V. In what Cases a Notice to quit must be given

bejore Ejectment brought—Requisites of

Notice—Warer of Notice—Where No-

tice is not required . . . 667

VI. Of the Mode of Proceeding in Ejectment, and

herein of the Declaration , . 680

VII. Of the Service of Declaration . 684

VIII. Of the subsequent Proceedings—Judgment

against casual Ejector—Appearance

of Defendant—Consent Rule—Stat. 11

G. 2. c. 19. s. 13. enabling Landlord to

defend ... . 685

IX. Of the Proceedings in Ejectment, directed by

Stat. 4 G. 2. c. 28. s. 2. in order to ob-

viate the Difficulties attending Re-en-

tries at Common Law, for Non-payment

of Rent Arrear—Of the Proceedings

where the Possession is vacant . 689

X. Of the Pleadings and Defence . . 692

XI. Evidence . . . 705

XII. Verdict—Judgment—Execution . . 716

XIII. Writ of Error . . .. . 719

XIV. In what Cases a Court of Equity will re-

strain the Party from bringing further

Ejectments, by granting a perpetual

Jnjunctwn . . . ib.

XV. Of the Action of Trespass for Mesne Profits 721

Vol. ii. a 2

CHAP. XIX.

Executors and Administrators.

I. Of Bona Notabilia . '. .

II. Of the Nature of the Interest of an Executor

or Administrator in the Estate of the

Deceased—In what Cases it is trans-

missible, and where an Administration

de bonis non is necessary

III. Of limited or temporary Administrations

IV. Of an Executor de son Tort

V. Of the Disposition of the Estate of the De-

ceased, and of the Order in which such

Disposition ought to be made

VI. Admission of Assets . ,

VII. Of Actions by Executors and Administrators

VIII. Of Actions against Executors and Adminis-

trators ....

IX. Of the Pleadings, and herein of the Right of

Retainer—Evidence—Costs—Judgment

CHAP. XX.

Factor.

Of the Nature of the Employment of a Factor—

Power and Authority—Lien—Liability of Prin-

cipal—Evidence

CHAP. XXI.

Fishery.

I. Of the Right of Fishing in the Sea, and in the

Creeks and Arms thereof, and in fresh

Rivers . .

II. Of thedifferent kinds of Fishery—Several Fish-

ery—Free Fishery—Common of Fishery

CHAP. XXII.

Frauds, Statute of.

Page

Statute 29 Car. 2. c. 3. entitled, " An Act for Prevention

of Frauds and Perjuries."

I. Introduction. The first, second, and third Sec-

tions, relating to parol Demises, Assign-

ments and Surrenders . . 779

II. The fourth and seventeenth Sections, relating

to Agreements . . 784

III. The fifth and sixth Sections, relating to the

Execution and Revocation of Wills . 809

CHAP. XXIII.

Game.

I. Of the Right of taking and destroying the Game

at Common Law, and of the Restraints

imposed on the Exercise of such Right

by Statute .... 832

II. Of the Appointment and Authority of Game-

keepers ... . 836

III. Of the Statutes 5 Ann. c. 14.—9 Ann. c. 25.—

28 G. 2. c. 12. relating to the Preservation

of the Game; the Penalties imposed for

Offences against these Statutes; the Modes

of recovering the Penalties; 1st, By Dis-

tress—Qndly, By Action of Debt, and

herein of the Stat. 8 G. 1. c. \9-—26 G. 2.

c. 2.—2 G. 3. c. 19- . . 838

IV. Of the Statutes relating to the Destruction of

the Game, at improper Seasons of the

Year—Stat. 2 G. 3. c. 19 —13 G. 3.

c. 55.—39 G. 3. c. 34.— Declaration—

Evidence . . . 84S

V. Of the Duties made payable in respect of kill-

ing Game . . . 846