said, in case he deliver up such lease or agreement to the lessor, or such person agreeing to grant a lease within fourteen days after he shall have had notice that the assignee shall have declined as aforesaid; and if the assignees shall not, upon being thereto required, elect whether they will accept or decline such lease, or agreement for a lease, the lessor or person so agreeing as aforesaid, or any person entitled under such lessor or person so agreeing, shall be entitled to apply by petition to the Lord Chancellor, who may order them so to elect, and to deliver up such lease or agreement, in case they shall decline the same, and the possession of the premises, or may make such other order therein as he shall think fit."

P. 502.-Adverse possession in ejectment. A. being seised in fee of an undivided moiety of an estate, devised the same, (by will made some years before her death,) to her nephew and two nieces, as tenants in common; one of the nieces died in the lifetime of A., and left an infant daughter. A. by another will, intended to have devised the moiety to the nephew and surviving niece, and the infant daughter of the deceased niece; but this will was never executed. After A.'s death, the nephew and surviving niece covenanted to carry the unexecuted will into execution, and to convey one third of the moiety to a trustee upon trust, to convey the same to the infant if she attained twenty-one, or to her issue if she died under twenty-one, and left issue; or otherwise to the nephew and niece in equal moieties. No conveyance was executed in pursuance of the deed. The rents of the third were received by the trustee for the use of the infant, during her lifetime. An ejectment having been brought by the devisee of the nephew more than twenty years after his death, but less than twenty years after the death of the infant, it was held, that there was no adverse possession until the death of the infant, and that the ejectment was well brought. Doe d. Colclough v. Hulse, 3 B. and C. 757.

P. 509.-By stat. 6 Geo. 4, c. 16, s. 64, it is enacted, “that the commissioners shall, by deed indented and inrolled in any of his Majesty's courts of record, convey to the said assignees, for the benefit of the creditors as aforesaid, all lands, tenements, and hereditaments, except copy or customary hold in England, Scotland, Ireland, or in any the dominions, plantations, or colo

nies belonging to his Majesty, to which any bankrupt is entitled, and all interest to which the said bankrupt is entitled, in any of such lands, tenements, or hereditaments, and of which he might, according to the laws of the several countries, dominions, plantations, or colonies have disposed, and all such lands, tenements, and hereditaments, as he shall purchase, or shall descend, be devised, revert to, or come to such bankrupt before he shall have obtained his certificate; and all deeds, papers, and writings respecting the same; and every such deed shall be valid against the bankrupt, and against all persons claiming under him." A proviso follows as to the registration of conveyances of colonial property.

And by sec. 65, it is enacted, "that the commissioners shall by deed indented and enrolled as aforesaid, make sale for the benefit of the creditors as aforesaid, of any lands, tenements, and hereditaments, situate either in England or Ireland, whereof the bankrupt is seised of any estate tail, in possession, reversion, or remainder, and whereof no reversion or remainder is in the crown, the gift or provision of the crown, and every such deed shall be good against the said bankrupt, and the issue of his body, and against all persons claiming under him after he became bankrupt, and against all persons whom the said bankrupt by fine, common recovery, or any other means, might cut off or debar from any remainder, reversion, or other interest, in or out of any of the said lands, tenements, and hereditaments."

And by sec. 68, it is enacted, "that the commissioners shall have power by deed indented and enrolled in any of his Majesty's courts of record, to make sale for the benefit of the creditors, of any copyhold, or customary hold lands, or of any interest to which any bankrupt is entitled therein, and thereby to entitle or authorise any person or persons on their behalf, to surrender the same for the purpose of any purchaser or purchasers being admitted thereto."

P. 511.-The court will refer it to the Master to take an account of the rents and profits of an estate received by the plaintiff, in possession by virtue of an elegit, and will order the plaintiff to give up possession, if it appears that all the monies due to him have been received. Price v. Varney, 3 B. and C. 733.

P. 535.-Stat 4 Geo. 2, c. 28. The title of the landlord proceeding under this statute, must be taken to have accrued on the day when the forfeiture would have accrued at common law, by non-payment of the rent. Doe d. Lawrence v. Shawcross, 3 B. and C. 752.

INDEX.

ABATEMENT.

By younger son and descent do not toll entry of elder brother, 84.
Writ of entry sur, 88.

ABATEMENT, Pleas in, IN REAL ACTIONS.

Non-tenure.

Not strictly plea in abatement, 190.
General.

Form of, 190.

In writ of intrusion, 190.

Need not shew who is tenant, 190.

Found against tenant who has made fraudulent feoffment, 190.

Special.

Where tenant claims a special interest, 191.

As to parcel of the lands demanded, 191.

At common law abated the whole writ, 191.

But by stat. 25 Ed. c. 16, only for the quantity of the non-tenure alleged, 191.
And the whole still abated when an entire thing is demanded, 191.

And so in cessavit, 191.

In what actions, 191.

In actions in which no damages are recoverable abates the writ, and demandant may enter,
193.

But where damages are recoverable, demandant may reply and maintain his writ, or enter,

194.

Plea of non-tenure with disclaimer, same as disclaimer, 194.

In what actions, 194.

Who may disclaim.

None but terretenant, 194.

Effect of disclaimer by one of several tenants, 194.

Entry of demandant makes a remitter, 195.

Disclaimer of tenant for life does not toll entry of reversioner, 195.

Entire tenancy.

Tenant must also shew title, or vouch, 195.

But demandant must not plead to the title or voucher, 195.

Where one tenant takes the entire tenancy, and the other pleads non-tenure, 195.

Where one tenant makes default, another may take the entire tenancy, and wage his law of
non-summons, 196.

After wager of law of non-summons in common, 196.

Each of several tenants may plead it, 196.

Several tenancy.

Differs little from entire tenancy, 196.

Must contain good matter in bar or a voucher, 196.

In what actions, 196, 197.

Whether whole writ abated, 197.

To the person of the demandant.

Outlawry, attainder, alien born, 197.

Non-joinder of demandant.

Coparceners, 198. (See title Coparceners.)

ABATEMENT, Pleas in, IN REAL ACTIONS, (continued).

Except where several rights descend from several ancestors, 198.
Jointenants, 198.

Tenants in common, non-joinder of, cannot be pleaded, 198.
Unless an entire thing be demanded, 198.

Baron and feme for land of the wife, 198.

Non-joinder of tenant.

Jointenant omitted, 198.

If pleaded to parcel abates the writ for parcel only, 198.
Unless where an entire thing is demanded, 199.

Or in action for rent charge, 199.

May be pleaded twice where there is a new party, 199.
Jointenancy with wife, 199.

Form of the plea, 199.

In what actions, 199.

Replication, 200.

Writ abated at common law where jointenancy pleaded by deed or fine, 200.

But by stat 34 Ed. 1, demandant may aver sole tenancy, 200.

And at common law he might have confessed and avoided, 200.

Stat. does not extend to jointenancy by fine or will, 200.

Process upon the stat. 200.

False plea under, 201.

Form of the replication, 201.

Jointenancy cannot be pleaded after general imparlance, 201.

Coparcener omitted, 201.

Baron and feme in action for wife's land, 201.

Death of sole demandant, 201.

Stat. 17 Car. 2, c. 8, 201.

Death of one of several demandants, 202.

Stat. 8 and 9 W. 3, c. 11, s. 7, 202.

After summons and severance, 202,

Death of sole-tenant, 202.

Stat. 17 Car. 2, c. 8, 202.

Defendant in error on judgment in dower, 202.

When by the writ of error the plaintiff is to be restored to her land, 203.
Death of one of several tenants.

Stat. 8 and 9 W. 3, c. 11, 203.

In quare impedit does not abate writ, 203.

Death of a stranger to the writ, 205.

Demandant himself seised, 203.

May be pleaded in abatement or in bar, 203.

Of parcel, 203.

Will abate the whole writ where entire thing demanded, 203,

Entry pending the writ, 204.

Into parcel abates the whole writ, 204.

What kind of entry, 204.

How pleaded, 204.

Replication, 204.

Pursuit of other remedy.

Distraining for rent during assise for same, 204.

Abating nuisance during assise for same, 205.

Bringing quare impedit pending another quare imp. 205.

By saverdefault, 205.

When there are several tenants, writ abates only for their portions, 205.

Recovery against tenant.

By a stranger, 205.

Of part abates writ for that part, 205.

By demandant himself, 205.

Must appear that execution has been sued, 205.

Not where recovery was by default or render, in writ brought after first writ.
Replication, 205.

Estate of demandant determined pending the writ, 205.

Darrein seisin.

In actions where form of action depends on seisin of ancestor, 206.
Where demandant has wrongly deduced his title, 206.

In what actions, 206.