BY WILLIAM SELWYN,

OF LINCOLN'S INN, ESQUIRE, ONE OF HER MAJESTY'S COUNSEL,
LATE RECORDER OF PORTSMOUTH.

Quilibet scriptor adeo anxiè sit solicitus, ut ad veritatem dicat, perinde ac si totius operis fides uniuscujusque periodi fide niteretur. PRÆF. 6 REг.

Eleventh Edition,

WITH ALTERATIONS AND ADDITIONS.

LONDON:

V. AND R. STEVENS AND G. S. NORTON, (Successors to the late J. & W. T. CLARKE, of Portugal Street,) Law Booksellers and Publishers,

26 AND 39, BELL YARD, LINCOLN'S INN.

MDCCCXLV.

LONDON:

WILLIAM STEVENS, FRINTER, BELL YARD,

TEMPLE BAR.

CONTENTS OF VOL. II.

CHAPTER XVIII.

EJECTMENT.

PAGE

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 previous Steps must be taken before Eject-

ment brought

V. In what Cases a Notice to Quit must be given before Eject-

ment brought, 706. Requisites of Notice, 710. Waiver

of Notice, 714. Where Notice is not required, 718.

Stat. 1 Geo. IV. c. 87, for Recovery of Lands unlaw-

fully held over

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, 729. Appearance of Defendant, 730. Con-

sent Rule, 731. Stat. 11 Geo. II. c. 19, s. 13, enabling

Landlord to defend

IX. Of the Proceedings in Ejectment, directed by Stat. 4 Geo.

II. c. 28, s. 2, in order to obviate the Difficulties attending

Re-entries at Common Law, for Non-payment of Rent

Arrear, 733. Of the Proceedings where the Possession is

vacant

X. Of the Pleadings and Defence, 737. Entry barred by Fine

and Non-claim, 738. Entry barred by Statute of Limi-

tations, 21 Jac. I. c. 16; 3 & 4 Will. IV. c. 27

702

705

. 721

722

728

732

. 735

742

752

XII. Verdict, 769. Judgment, 770. Execution, 771. Costs 772

XIII. Writ of Error

XIV. In what Cases a Court of Equity will restrain the Party

from bringing further Ejectments, by granting a perpetual

Injunction

XV. Of the Action of Trespass for Mesne Profits

CHAPTER XIX.

PAGE

772

773

774

EXECUTORS AND ADMINISTRATORS.

I. Of Bona Notabilia

778

II. Of the Nature of the Interest of an Executor or Adminis-

trator in the Estate of the Deceased, 783. In what Cases

it is transmissible, 787; and where an Administration de

bonis non is necessary

787

III. Of limited or temporary Administrations

788

IV. Of an Executor de son Tort

790

V. Of the Disposition of the Estate of the deceased, and of the

Order in which such Disposition ought to be made

793

IX. Of the Pleadings, 809; and herein of the Right of Retainer,

813. Evidence, 814. Judgment, 815.

Of the Nature of the Employment of a Factor, 818. Power and

Authority, 819. Lien, 824. Liability of Principal, 826.

Stat. 4 Geo. IV. c. 83; 6 Geo. IV. c. 94, 827. Stat. 5 & 6

Vict. c. 39

CHAPTER XXI.

FISHERY.

831

I. Of the Right of Fishery in the Sea, and in the Creeks and

Arms thereof, and in fresh Rivers

834

II. Of the different Kinds of Fishery, 836. Several Fishery,

836. Free Fishery, 837. Common of Fishery

839

CHAPTER XXII.

FRAUDS, STATUTE OF.

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

Frauds and Perjuries."

I. Introduction. The first, second, and third Sections, relating

to Parol Demises, Assignments, and Surrenders

II. The fourth and seventeenth Sections, relating to Agreements,

845. On the Effect of Parol Evidence of a Variation or

Waiver of a written Agreement

PAGE

. 840

874

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

Revocation of Wills, 877, and Stat. 7 Will. IV. & 1 Vict.

26, for the Amendment of the Laws with respect to Wills 895

CHAPTER XXIII.

GAME.

I. Of the Right of taking and destroying the Game at Common

Law, and of the Stat. 1 & 2 Will. IV. c. 32

II. Of the Appointment and Authority of Gamekeepers

III. Of the Destruction of the Game at improper Seasons of the

Year

IV. Of the Duties made payable in respect of Game Certifi-

cates

903

910

911

912

CHAPTER XXIV.

IMPRISONMENT.

I. Of the Nature of the Action for False Imprisonment, and in

what Cases it may be maintained

II. Statutes relating to the Action for False Imprisonment, 21

Jac. I. c. 12, 922; 24 Geo. II. c. 44

III. Of the Pleadings