difpofition;-a difpofition which was rendered neceffary, from the very material alterations, which the wifdom of the legislatute, and the liberality of modern decifions, have made in the action of Ejectment. It contains indeed (among other confiderable additions) a system of modern practice, for the uniformity of which I will not however take upon myself to answer : for in the practice of the law, it seems to be unknown that there is, in conftancy and stability, a general and lafting advantage, which will always over-balance the flow improvement of gradual correction.

WITH what judgment it has been formed, and with what fkill it has been executed, the profeffion is now to determine. I hope for the praise of knowledge and difcernment, but can claim only that of diligence and candour. That it will be found capable of amendment; that fome things may be added, and others may be altered, I have not the vanity to doubt.--Let it however

be

be remembered, that, (to ufe the lan-
guage
of Bacon), "I hold every man
a debtor to his profeffion ;"-and
that those who make no advances to-
wards excellence, may ftand as warn-
ings against faults.

Pump Court, Temple,
Nov. 1, 1780.

CONTENTS

CONTENTS.

HE biftory of the action,

I.

THE

Page 2

9

II. For whom, and in what cafes it lies,

Of the leffor's right of entry,

Of the notice to quit,

II

23

In what cafes it is ftill to be adhered to, 58

VI. The modern practice; and herein of the

Common rule,

Bail,

Page 75

805

Declaration; and herein, of laying the

demife entry and ouster,

Of amending the declaration,

VII. The plea and general issue,

87

103

105

VIII. The Verdict, evidence, and new trial, 107

IX. The Judgment, and its incidents, 126

And first, Of the judgment against the

cafual ejector where there is no ap-

pearance,

127

Where the landlord defends alone instead

128

of the tenant,

Where the tenant, having appeared,

refufes at the trial to confefs leafe,

&c.
.ibid.

Secondly, Where the plaintiff bath a

verdict for the whole, or for part

only, of the thing demanded, 129

Thirdly, Where there are feveral de-

fendants or plaintiffs, and one of

them dies,.

Fourthly, of the cafts,

134

140

Page 157

How it is to be executed,
How the plaintiff is to be quieted, when
bis poffeffion is disturbed, after execu-

A leafe in ejectment, where the premisses are not inhabited; to recover the possession, 186

No. III.

Proceedings in an action of ejectment, viz. the