AN

A BRIDGMENT

OF THE

LAW OF NISI PRIUS.

VOL. II.

BY WILLIAM SELWYN, Jun. Esor.
OF LINCOLN'S INN, BARRISTER AT LAW. V

Quilibet scriptor adeò anxiè sit solicitus, ut ad veritatem dicat, perinde ac si
totius operis fides uniuscujusque periodi fide niteretur. PRAF. 6 REP.

FOURTH EDITION

WITH ADDITIONS.

LONDON:
PRINTED FOR W.CLARKE AND SONS, LAW BOOKSELLERS,

PORTUGAL STREET, LINCOLN'S INN.

Davidson, Old Borwell Court, London.

CONTENTS OF VOL. II.

CHAP. XVIII.

Ejectment.

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

II. By whom an Ejectment may be brought .

III. For what Things an Ejectment will lie .

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

Land before Ejectment brought .

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

bejore Ejectment brought-Requisites of

Notice-Waver of Notice- Where No-

tice is not required . . .

VI. Of the Mode of Proceeding in Ejectment, and

herein of the Declaration

VII. Of the Service of Declaration

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 ,

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 s

X. Of the Pleadings, and Defence

XI. Evidence

XII. Verdict-Judgment-Execution

XIII. Writ of Error . . .

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

strain the Party from bringing further

Ejectments, by granting a perpetual

Injunction .

XV. Of the Action of Trespass for Mesne Profils

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

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

RetainerEvidence-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, und 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 Statule ., ., .

II. Of the Appointment and Authority of Game-

keepers.

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—Andly, By Action of Debt, and

herein of the Stat. 8 G. 1. c. 19.-26 G. 2.

c. 2.—2 G. 3. c. 19.

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 . . . .

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

ing Game

1