An Abridgment of the Law of Nisi Prius ...

BY WILLIAM SELWYN, Esq.

OF LINCOLN'S INN, ONE OF HIS MAJESTY'S COUNSEL,
AND 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 REP.

SEVENTH EDITION,

WITH CONSIDERABLE ALTERATIONS AND ADDITIONS.

LONDON:

PRINTED FOR J. AND W. T. CLARKE, LAW BOOKSELLERS,
PORTUGAL STREET, LINCOLN'S INN.

CONTENTS OF VOL. II.

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 an Entry must be made on the Land

before Ejectment brought......

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

Ejectment brought-Requisites of Notice-Waver

of Notice-Where Notice 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-Con-

sent 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 obviate the diffi-

culties attending Re-entries at Common Law, for

Non-payment of Rent Arrear-Of the Proceedings

where the Possession is vacant.

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..............

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 transmissible, 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 Deceased,

and of the Order in which such Disposition ought

VII. Of Actions by Executors and Administrators

VIII. Of Actions against Executors and Administrators...

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 Principal- Evi-

dence

CHAP. XXI.

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 Fishery—

Free Fishery-Common of Fishery

Statute 29 Car. 2. 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 Sur-

II. The fourth and seventeenth Sections, relating to

Agreements

824

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

and Revocation of Wills..

CHAP. XXIII.

852

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 Mode of recovering the

Penalties; 1st, By Distress-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. 3.

c. 19.-13 G. 3. c. 55.-39 G. 3. c. 34.-Decla-

ration-Evidence....

V. Of the Duties made payable in respect of killing

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