TRUSTS-continued. where testator dies intestate as to personalty, executor generally implied trusts, when arise, 572, 573 constructive trusts, what, 573 as to office of trustee, 573 right of any cestui que trusts to bring action against trustee, 573 trustees not entitled to remuneration, 573, 574 unless expressly awarded it by person creating trust, 573 when trustee is a solicitor, 573 trustee may bargain for remuneration, 574 liability of co-trustee for receipts of another, 574 trustee liable for loss arising from improper investments, 574 as to interest charged on breach of trust, 574 powers of trustees under Conveyancing and Law of Property Act, 1881, to pay or allow debts or claims, 574 to accept composition for, or allow time for payment of, or to com- remedies of cestui que trust against trustee for breach of trust, 575 how barred, 575 determination of questions arising in regard to trusts under new rules of 1883, 575-577 by originating summons, 575 what questions may be so determined, 575, 576 who may obtain order for administration in like manner, 576 who to be served with such summons, 576 FORMS- when summons taken out by executor, administrator, or trustee, 576 when by any other person, 576 what evidence to be given in support of summons, 576 power of the Court on such summons, 576, 577 how summons to be marked, 577 extent of summons over powers of executor, administrator, or statement of claim in action for breach of trust, 571 statement of claim in action for execution of trust, 575 statement of claim in action against trustee for breach of trust, in investing statement of claim in action against trustee in regard to two funds, claiming statement of claim in action to enforce a resulting trust on a purchase of statement of defence to preceding claim alleging that plaintiff always stood statement of claim in action claiming that defendants are constructive statement of defence of one defendant to preceding claim, 579 UNDERWRITERS. See INSURANCE (MARINE). USE AND OCCUPATION. See LANDLORD AND TENANT. origin of action of, 580 what plaintiff must prove, 580 what title plaintiff must have, 581 USE AND OCCUPATION-continued. no reversion in plaintiff necessary, 581 occupation, actual or constructive, by defendant essential, 581 adverse possession by defendant insufficient, 581 occupation by third person by permission of defendant or by his tenant or two persons signing agreement liable though only one enters, 581 one joint lessee over-holding does not make other liable, 581 relation of landlord and tenant may be implied, 581, 582 as where vendor enters under contract of sale which goes off and he as to owner's right where wrongful entry to waive trespass and to sue DEFENCES, 582, 583 expiry of plaintiff's title, 582 surrender accepted by landlord, 582 decisions, 582 consent of landlord, when necessary, 582 eviction by landlord, 582, 583 even from part of premises, 582, 583 threat of expulsion when equivalent to eviction, 583 mere trespass not an eviction, 583 illegality, 355, 356. See title ILLEGALITY. payment, when a defence, 583 payment of certain rates and taxes is pro tanto payment of rent next falling price realised on sale under distress of tenant's goods for rent due to land- FORMS- statement of claim in action by railway company (purchasers) against statement of claim in action by owner of land for compensation agreed to VENDOR AND PURCHASER. See SALE OF LAND. VENUE. See JUDGMENT. local, now abolished, 96, 553 plaintiff may fix place for trial in statement of claim, 24, 53, 96 VIS MAJOR, defence to action for nuisance, 439. See NUISANCE. VOID INSTRUMENTS. See RECTIFICATION AND CANCELLATION OF DEEDs, &c. VOIDABLE INSTRUMENTS. See RECTIFICATION AND CANCELLATION OF VOYAGE POLICY, when risk begins and ends, in a, 329 See INSURANCE (MARINE). WAGER, as to wagering contracts, 319. See ILLEGALITY. FORM:- statement of claim in action to recover money deposited with stakeholder to WAGES. See WRONGFUL DISMISSAL. WAIVER. See RELEASE; RESCISSION; "LIEN" under head of TROVER. statement of defence setting out waiver of forfeiture, 471 statement of defence setting out waiver of notice, 371 WANT OF CONSIDERATION, when a defence to action on bills and notes, 188. See BILLS OF EXCHANGE how far person making warranty liable, 585 warranty by agent, 585 when servant may warrant, 585 warranty after sale is not binding, 585, 586 material averments in a claim upon a warranty, 586 special damage to be set out, 586 knowledge of defect by seller need not be averred in statement of claim for breach of warranty, 586 aliter where plaintiff sues on ground of fraud, 586 generally no implied warranties of title on sale of chattel, 586 when warranty implied, 586 when a person is liable who sells without title, 586 as to unredeemed pledges sold at auction, 586 as to implied warranty of quality on sale of chattels, 586, 587 where goods in existence and open to inspection, maxim carcat emptor so on sale of definite chattel, actual condition of which may be ascertained, so where known, described, and defined article is ordered for particular cases in which warranty of quality implied, 587, 588 implied warranty in the case of sale of goods with trade mark, 588 when statement "with all faults" will and will not relieve vendor from measure of damages in actions for breach of warranty, 588 WARRANTY-continued. in actions for breach of warranty of horses, plaintiff may sometimes re- consequential damages, 589 breach of warranty on sale of specific chattel does not entitle plaintiff to in such case, if plaintiff sued for price, he could counter-claim for damages no implied warranty by employer in building contract, that work can be FORMS- statement of defence to action for price of boiler, alleging warranty by statement of claim in action for breach of warranty on sale of an engine, 585 statement of claim in action for breach of warranty on sale of a horse, 588 statement of defence to preceding claim, alleging warranty for a time which reply to preceding defence, 589 statement of claim in action for breach of an implied warranty, 589 statement of defence to preceding claim, 590 reply to preceding defence, 590 statement of claim in action for breach of warranty, with consequential statement of defence to preceding claim, 591 statement of claim in the alternative for breach of warranty, and fraudulent statement of defence to preceding claim, 591 reply to preceding defence, 591 statement of claim in action by party aggrieved, against defendant for statement of claim in the alternative that defendant warranted authority to WATERCOURSE. See EASEMENT. WAYS. See TRESPASS; EASEMENT. WHARFINGER, lien of. See TROVER (LIEN). WIFE. See HUSBAND AND WIFE. WINDING UP PARTNERSHIP, FORM:- statement of claim in action for, by executor of deceased partner, 451 contract for, not generally required to be in writing, 592 what plaintiff must prove in action for work done, 592 where stipulated that payments for, to be made on certificate of architect, even where certificate fraudulently withheld, 593 WORK AND LABOUR-continued. but employer and architect liable in tort for withholding it, 593 in building contracts time not generally of essence of contract, 593 if employer has received no benefit from work on account of its being im- when thing being made, or the material, is destroyed before completion, FORMS: WRIT, statement of claim in action for work and labour on a builder's contract, 592 reply to preceding defence, alleging waiver of breach of contract, 594 statement of claim in action by commercial traveller, for his salary and statement of defence to preceding claim alleging payment into Court, 596 statement of claim in action against defendants in the alternative for literary statement of claim in action by author against publishers, 597 specially indorsed, claim by, see PLEADINGS. WRONGFUL DISMISSAL, an indefinite hiring of servant without mention of time presumed to be for even though wages paid monthly, 597 aliter, where payable weekly, 597 damages on wrongful dismissal where hiring for a year, 597 menial servants may be discharged with a month's warning or month's who are menial servants, 598 notice to terminate monthly service may be given at any time, 598 general engagement of agent at specified sum per annum is a yearly hiring, 598 unless rule controlled by custom, 598 clerks in London entitled to three months' notice, 598 advertising and canvassing agents to one month's notice, 598 hiring from year to year, how determined by notice, 598 cases of notices given on agreements of hiring, 598 agreements for services over twelve months to be in writing under Statute servant or agent on dismissal not necessarily entitled to wages, &c., for as amount may be reduced by probability of having other employment master not bound to assign reason on dismissal, 598, 599 if there was sufficient cause, it is immaterial whether it was the real one, 598, |