BY WILLIAM SELWYN, JUN. Esq.
OF LINCOLN'S INN, BARRISTER AT LAW.

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

PREF 6 REP.

FOURTH EDITION

WITH ADDITIONS.

Koninklijke
Bibliotheck
te's Mage.

LONDON:

PRINTED FOR W. CLARKE AND SONS, LAW BOOKSELLERS,
PORTUGAL STREET, LINCOLN'S INN,

1817.

CONTENTS OF VOL. II.

Page

658

661

663

665

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

IX. Of the Proceedings in Ejectment, directed by

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

riate the Difficulties attending Re-en-

tries at Common Law, for Non-payment

of Rent Arrear-Of the Proceedings

where the Possession is vacant

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 Profits

667

680

684

685

689

692

705

716

719

ib.

721

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

trators

749

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

Retainer

Evidence-Costs-Judgment

753

VIII. Of Actions against Executors and Adminis-

?

CHAP. XX.

Factor.

Of the Nature of the Employment of a Factor

Power and Authority-Lien-Liability of Prin-

cipal-Evidence

CHAP. XXI.

762

Fishery.

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

Creeks and Arms thereof, and in fresh

Rivers

II. Of the different kinds of Fishery-Several Fish-

ery-Free Fishery-Common of Fishery

772

77

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

II. The fourth and seventeenth Sections, relating

to Agreements

III. The fifth and sixth Sections, relating to the
Execution and Revocation of Wills

779

784

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

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-2ndly, 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. S. 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

832

836

838

843

846