PLEADINGS-continued.

amendment of pleadings--

leave to amend not generally refused unless there is mala fides in party
applying, 93

or leave would work injustice to other side, 94

amendments raising a charge of fraud, where none originally pleaded, not
allowed, 94

PLENE ADMINISTRA VIT. See EXECUTORS AND ADMINISTRATORS.

POLICE CONSTABLE. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION;
ASSAULT AND BATTERY.

POLICY. See INSURANCE.

PRESCRIPTION. See EASEMENTS; TRESPASS TO LAND.

PRESENTMENT FOR ACCEPTANCE. See BILLS OF EXCHANGE.

PRESENTMENT FOR PAYMENT. See BILLS OF EXCHANGE.

PRESUMPTION OF LAW,

not to be pleaded, 43

See PLEADINGS (STATEMENT OF CLAIM).

PRINCIPAL AND AGENT. See AGENT.

PRINCIPAL AND SURETY. See GUARANTEE.

PRIVILEGE. See DEFAMATION.

forms of defence of. See DEFAMATION.

PROBATE. See EXECUTORS AND ADMINISTRATORS.

PROMISSORY NOTE. See BILLS OF EXCHANGE.

PROMOTERS OF COMPANIES. See DIRECTORS OF COMPANIES; MISREPRE-

SENTATION.

PROSPECTUS, FRAUDULENT. See MISREPRESENTATION.

PUBLIC-HOUSE KEEPER. See INNKEEper.

QUANTUM MERUIT,

rent due on footing of, to be proved in action for use and occupation, 580

QUIET POSSESSION,

covenant for. Sec LANDLORD AND TENANT.

QUI TAM ACTIONS. Sce PENALTY.

RAILWAY COMPANIES. See COMMON CARRIER; NEGLIGENCE.

REALTY. See RECOVERY OF LAND; SALE OF LAND.

RECEIVER,

statements of claim for appointment of. See TRUSTS.

RECOVERY OF LAND,

pleadings in actions for the recovery of land now necessary, 464

no other cause of action to be joined, except claims for mesne profits,
arrears of rent, or double value, and damages for breach of contract
under which premises are held, or for injury done to the premises, 464,

465

applies to counter-claims, 465

a person having a merely equitable title may now sue for, 465

equitable defences may be pleaded, 465

action for, may now be tried wherever plaintiff selects, 465
persons by whom suits for may be instituted, 465

by landlords, 465-467

not bound to prove his title against tenant, 465

tenants cannot in general dispute title of lessor or his assignee, 465
assignee or sub-tenant of lessee equally estopped, 465

if defect of lessor's title appears in lease, tenant not estopped from
showing defect, 465

proof of tenancy and termination of, 465

as to tenancy at will, 465, 466

how it arises, and how ended, 465, 466

as to tenancy from year to year, 466

how created and how terminated, 466
notice to quit, 466

as to tenancies for years, 466

how created and how terminated, 466

what necessary to establish where landlord proceeds under common
law rights, 466

statutory remedy given to landlords to recover possession of their
property, 466, 467

what amounts to a waiver of a right of re-entry, 467

as to waiver of a forfeiture, 471

under Conveyancing and Law of Property Act, 1883, relief against
forfeiture for breach of covenant freely given, 467

by heirs-at-law, 467

essential averments in action by, 467

by devisees, 467, 468

what essential to support action by, 467, 468

in the case of copyholds, 467

in the case of leaseholds, 467, 468

common defences to actions by, 468

by executors and administrators, 468

by mortgagees, 468

where mortgagor is in possession after default, 468

where third person in possession by a title prior to mortgage, 468

mortgagee of undertaking with all tolls of a railway company cannot
recover the railway, 468

mortgagee of turnpike tolls cannot recover in ejectment, 468

unless power to mortgage includes lands such as toll houses and
gates, 468

as to suits for recovery of such property, 469

by execution creditor, 468, 469

when third party in possession of lands extended, 468

no judgment to affect land, until delivered in execution, 469

by trustees of bankrupt, 469

by parsons for recovery of glebe land and rectory, 469

what allegations necessary in statement of claim, 469

parson cannot eject tenant at rack-rent under predecessor, 469

such tenant entitled to hold till expiration of current year of tenancy,
and then quit without notice, 469

RECOVERY OF LAND--continued.

semble, sentence of suspension, while in force, prevents parson bringing
such action, 469

defendant should allege suspension, 469

what averments necessary in actions for recovery of land when plaintiff
has never been in possession, 469

when plaintiff has not necessary information he should apply for discovery,
469

defences to action for, 469

when defendant in possession by himself or his tenant, it is sufficient
for him to plead possession, and he need not plead his title, 469
unless defence depends on equitable estate or right, 469

or he claims relief on equitable ground against right asserted by
plaintiff, 469

person in possession and not landlord is made defendant in action for,

469

tenants to give notice to landlord of writ for recovery of land, 469
landlord may be inade, with leave of Court, a defendant in action for,
under 11 Geo. 2, c. 19, s. 13, 469

what included in word "landlord" under 11 Geo. 2, c. 19, 469
by R. S. C. 1883, Order XII., Rules 25-28, procedure in action for,
is now regulated, 469

any person not named in writ may, by leave of Court or judge,
appear and defend on showing that he is in possession by himself
or his tenant, 469

person appearing to defend as landlord when in possession by tenant only
must state such in his appearance, 469

when person has obtained leave to defend, he must enter appearance and
give notice thereof to plaintiff, 469, 470

defendant may limit his defence to part only of property mentioned in
writ, 470

if defence is not limited, defendant is deemed to defend for whole, 470

FORMS:-

statement of claim in action by landlord against tenant whose term has
expired, or tenant from year to year whose tenancy is determined by
notice, 464

statement of claim in action by heir-at-law against stranger, 467

statement of claim in action by public trustees to recover possession of
foreshore, 470

statement of defence to preceding claim, pleading possession by defendant or
his tenant, 470

statement of claim in action by lessor against lessee to re-enter on the
demised land for breaches of covenant, 471

statement of defence to preceding claim pleading possession and alleging
that no statutory notice given, and waiver by plaintiff, 471

statement of claim in action by a lessor against assignee of lease to recover
possession on ground of forfeiture, 472

statement of claim in action by lessee of an eyot for recovery of the same,

472

statement of defence to preceding claim, pleading possession and alleging
a prior demise to defendant, 473

sta cment of claim in action by devisees for recovery of property devised, 473
statement of defence to preceding claim alleging that defendant was entitled
under a marriage settlement and pleading possession, 473

statement of claim in action by devisees for recovery of copyhold land, 474
statement of claim in action by grantee of the reversion against assignee of
lease for recovery of land, with claims for damages for non-repair and
breach of co enant to yield up possession, 475

RECOVERY OF LAND-continued.

statement of defence to preceding claim alleging possession at request of
plaintiff pending renewal of lease, 475

statement of claim in action by mortgagee of premises to recover pos-
session thereof from trustee under mortgagor's liquidation, 476

statement of claim in action by trustees of a settlement for recovery of lands
held by them on the trusts on account of breaches of covenant by lessee,
476

statement of claim by descent in action for recovery of land, 477

statement of claim in action by nephew of the purchaser on ground of
advancement, 478

RECTIFICATION AND CANCELLATION OF DEEDS AND OTHER
INSTRUMENTS,

early jurisdiction of Court of Chancery in regard to, 479

Court would order instruments absolutely void to be delivered up, 479
unless nullity was patent on face thereof, 479

Court would not interfere to cancel voluntary deed, 479

unless fraud or mistake, etc., existed, 479

absence of power of revocation is no reason for cancelling voluntary deed,
479

Court would not interfere as to voidable instruments at suit of plaintiff'
who had been guilty of fraudulent conduct, 479

when Court would set aside voidable instruments, 479. 480
when Court would order rectification of instruments, 480

in rectification of marriage settlement where mistake existed, such
mistake must in general be common to husband and wife, 480

where settlement of wife's property and husband bound to fully explain
effect to wife, rectification was decreed at instance of wife on death of
husband, on her uncorroborated parol testimony, 480

where father and son parties to voluntary deed were ignorant of effect,
Court ordered power of revocation to be added, 480

statement of claim in action for delivery up and cancellation of a bill of
exchange obtained by fraud and for an injunction to restrain defendant
from negotiating the same, 479

statement of claim in action to rectify an improper settlement executed in
ignorance of its effect by adding a power of revocation, 480

statement of claim in an action for the rectification of a settlement, 481

RECTOR. See CLERGYMAN.

REDEMPTION, ACTION FOR. See MORTGAGE,

REFERENCE. See AWARD.

REJOINDER. See PLEADINGS.

RELEASE,

simple contract may before breach be released by parol, 482
even when in writing pursuant to statute of Frauds, 482

but if in writing under the statute cannot be varied by parol, 482
nor rescinded and another contract substituted for it, 482

after breach liability on contract can only be released by deed, 482
or by accord and satisfaction, 482

or by valid agreement substituting new cause of action, 482

a cause of action accrued in respect of a tort can only be validly released
by deed, 482

how far one debtor may be released without his co-debtor, 482

discharge in bankruptcy, etc., of debtor does not release co-debtor, 482,
483

RELEASE-continued.

limitation as to the generality of a release, 483

fraud, &c., in the obtaining of the release to be specially replied, 483
FORMS :-

statement of defence in an action, alleging release of the cause of action by
deed, 482

reply to preceding defence alleging that plaintiff was induced to give the
release by fraudulent misrepresentation of the defendant, 483

REMUNERATION,

of assessors in trying patent cases, see PATENTS.

RENT. See DISTRESS; LANDLORD AND TENANT; RECOVERY OF LAND; USE
AND OCCUPATION.

REPAIR,

covenant to. See LANDLORD AND TENANT.

REPLEVIN. See DISTRESS.

what it is, 483

when a person may replevy. 483

may under 19 & 20 Vict. c. 108, s. 65, be prosecuted in the Superior
Court, 483

nature of replevin bond when action proceeds in Superior Court, 483, 484
procedure in replevin, 484

plaintiff may claim the specific amount of the bond or damages, 484
effect of defendant's default in action on replevin bond, 484

when plaintiff claims damages merely, 484

FORMS:-

statement of claim in an action of replevin, 483

statement of claim in an action against a bondsman upon a replevin bond,

484

REPLY. See PLEADINGS.

RESCISSION. See RELEASE.

what it is, 485

how contracts may be rescinded or varied, 485

FORM:-

statement of defence in an action on a contract, alleging that the contract
was rescinded before breach, 485

RESERVATION OF EASEMENTS,

must be express, 283.

See EASEMENTS.

RETAINER. See SOLICITOR.

REVERSION. See TRESPASS TO LAND.

REVOCATION OF AUTHORITY OF AGENT. See AGENT.

REWARD,

offered for information leading to conviction of felon may be recovered, 485
when criminal surrenders himself plaintiff not entitled to reward, 485
where person advertising reward for return of stolen property states that no
questions will be asked, he is liable to penalty, 485

FORMS-

statement of claim in action for reward according to advertisement, 485
statement of defence in preceding claim, alleging that defendant was already
possessed of all the material information, 486