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

PRÆF. 6 REP.

TWELFTH EDITION.

CONTAINING

A New Chapter on Bankruptcy

UNDER THE RECENT STATUTE.

BY DAVID POWER,

OF THE MIDDLE TEMPLE, ESQUIRE, ONE OF HER MAJESTY'S COUNSEL,
RECORDER OF IPSWICH.

LONDON:

V. & R. STEVENS AND SONS,
Law Booksellers and Publishers,

26, BELL YARD, LINCOLN'S INN.

CONTENTS OF VOL. II.

CHAPTER XVII.

EJECTMENT.

PAGE

I. Of the Nature of the Action of Ejectment, 691. Of the

Requisites to support an Ejectment..

II. By whom an Ejectment may be brought

III. For what Things an Ejectment will lie

IV. Of Entry

..

..

694

698

704

706

Requisites of Notice, 712. Waiver
of Forfeiture, 717. Where Notice

725

V. Notice to Quit, 707.

of, 716. Waiver

is not required, 719. 15 & 16 Vict. c. 76, s. 113 .. 772
VI. Of the Proceedings in Ejectment, 723. The Service of the
Writ, 723. Defence by Landlord

VII. Of the Proceedings under 15 & 16 Vict. c. 76, s. 210, in

order to obviate the Difficulties attending Re-entries at

Common Law, for Non-payment of Rent Arrear, 726.

Where the Possession is vacant

..

VIII. Of the Statutes of Limitations, 21 Jac. I. c. 16; 3 & 4

Will. IV. c. 27 ..

729

IX. Of the Statute of Inheritance, 3 & 4 Will. IV. c. 106

X. Evidence, 741. For Plaintiff, 741. For Defendant

XI. Verdict, Judgment, &c.

Evidence

II. Of the Interest of an Executor or Administrator in the

Estate of the Deceased, 767. In what Cases it is trans-

missible, 770. Where an Administration de bonis non

is necessary

III. Of limited or temporary Administrations.

PAGE

During Mino-

rity, 772. During Absence, 772. Pendente Lite, 773.

During Lunacy ..

..

IV. Of an Executor de son Tort..

V. Of the Disposition of the Estate of the Deceased

VI. Of Admission of Assets

773

VII. Of Actions by Executors and Administrators, 784. What

• Actions may be brought, 784. Executors and Adminis-

trators must join, 788. Of joining several Causes of

Action

VIII. Of Actions against Executors and Administrators, 789.

What Actions may be maintained, 789. What Causes

of Action may be joined, 792. What Executors are to

be Defendants

IX. Of the Pleadings, 794. Right of Retainer

X. Evidence

XI. Judgment, 801. Costs

789

794

798

799

.. 802

CHAPTER XIX.

FACTOR.

Of the Nature of his Employment, 804. Power and Authority,

805. Lien, 812. Liability of Principal, 815. Stat.

6 Geo. IV. c. 94, 815. Stat. 5 & 6 Vict. c. 39

CHAPTER XX.

818

FISHERY.

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

Arms thereof, and in Fresh Rivers ..

822

II. Of the different Kinds of Fishery, 824. Several Fishery,

824. Free Fishery, 825. Common of Fishery

827

CHAPTER XXI.

FRAUDS, STATUTE OF.

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

Frauds and Perjuries."

I. Sections 1, 2 and 3, and the Stat. 8 & 9 Vict. c. 106, s. 3,

as to Parol Demises, Assignments and Surrenders

II. The fourth and seventeenth Sections, relating to Agree-

ments, &c. and the Sale of Goods, 835. On the Effect

of Parol Evidence of a Variation or Waiver of a written

Agreement

..

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

Revocation of Wills, 881; and Stat. 1 Vict. c. 26, and 15

Vict. c. 24, for the Amendment of the Laws with respect

to Wills

PAGE

829

875

899

CHAPTER XXII.

GAME.

I. Of the Right of taking and destroying the Game at Com-

mon 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

...

907

914

915

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

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

in what Cases it may be maintained

919

929

II. Statutes relating to the Action, 11 & 12 Vict. c. 44, as to

Justices, 926; 24 Geo. II. c. 44, as to Constables