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TRUSTS-continued.

where testator dies intestate as to personalty, executor generally
deemed in equity a trustee for next of kin, 572

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
duties of 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,
574, 575

to pay or allow debts or claims, 574

to accept composition for, or allow time for payment of, or to com-
pound or settle debts, 574, 575

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
trustee, 577

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
trust funds in trading speculations, 577

statement of claim in action against trustee in regard to two funds, claiming
interest on one fund and profits made with the other, 578

statement of claim in action to enforce a resulting trust on a purchase of
an estate in the name of a third person, 578

statement of defence to preceding claim alleging that plaintiff always stood
in loco parentis to defendant, 579

statement of claim in action claiming that defendants are constructive
trustees for plaintiff on account of a vendor's lien, 579

statement of defence of one defendant to preceding claim, 579
statement of defence of other defendant to preceding claim, 580

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
assignee sufficient, 581

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
remains in, 581

as to owner's right where wrongful entry to waive trespass and to sue
for use and occupation, 582

DEFENCES, 582, 583

expiry of plaintiff's title, 582

surrender accepted by landlord, 582
what amounts to surrender, 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
due, 583

price realised on sale under distress of tenant's goods for rent due to land-
lord is payment pro tanto, 583

FORMS-

statement of claim in action by railway company (purchasers) against
vendor for use and occupation, 580

statement of claim in action by owner of land for compensation agreed to
be paid by defendant for occupation of land pending a sale to him, 583
statement of defence to preceding claim, alleging eviction, expiration of
plaintiff's title, tender of sufficient sum and payment into Court, 584

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
if no place of trial named, action to be tried in Middlesex, 96
defendant must show good cause to have place of trial changed, 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
DEEDS, &C.

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
abide the event of a wager, 409

WAGES. See WRONGFUL DISMISSAL.

WAIVER. See RELEASE; RESCISSION; "LIEN" under head of TROVER.
waiver of right of re-entry, what amounts to, 467. See RECOVERY OF LAND.
FORMS :-

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
(GENERAL DEFENCES).

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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
applies, 586, 587

so on sale of definite chattel, actual condition of which may be ascertained,
587

so where known, described, and defined article is ordered for particular
purpose, 587

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
liability in respect of defects in article sold, 588

measure of damages in actions for breach of warranty, 588

WARRANTY-continued.

in actions for breach of warranty of horses, plaintiff may sometimes re-
cover for keep, 588, 589

consequential damages, 589

breach of warranty on sale of specific chattel does not entitle plaintiff to
rescind the contract and sue for price, but only to bring action for
breach of warranty, 589

in such case, if plaintiff sued for price, he could counter-claim for damages
for breach of warranty or give breach in evidence in mitigation of
plaintiff's claim, 582

no implied warranty by employer in building contract, that work can be
executed in accordance with plans, &c., 593

FORMS-

statement of defence to action for price of boiler, alleging warranty by
plaintiff and counter-claim thereon, 504

statement of claim in action for breach of warranty on sale of an engine, 585
statement of defence to preceding action, 587

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
has expired, 589

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
damages, 590

statement of defence to preceding claim, 591

statement of claim in the alternative for breach of warranty, and fraudulent
misrepresentation, 591

statement of defence to preceding claim, 591

reply to preceding defence, 591

statement of claim in action by party aggrieved, against defendant for
counterfeiting a trade mark, 591

statement of claim in the alternative that defendant warranted authority to
engage plaintiff, whereas he had no authority, 596

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

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contract for, not generally required to be in writing, 592
aliter if not to be performed within a year, 592

what plaintiff must prove in action for work done, 592

where stipulated that payments for, to be made on certificate of architect,
such certificate a condition precedent, 592

even where certificate fraudulently withheld, 593

WORK AND LABOUR-continued.

but employer and architect liable in tort for withholding it, 593
what constitutes such a certificate, 593

in building contracts time not generally of essence of contract, 593
where there is a written contract, and plaintiff claims for extras, 593
no implied warranty in building contract by employer that work can be
done in mode prescribed in plans, &c., 593

if employer has received no benefit from work on account of its being im-
properly done, he is not liable, 593, 594

when thing being made, or the material, is destroyed before completion,
rule for determining when employer liable, 594

FORMS:

WRIT,

statement of claim in action for work and labour on a builder's contract, 592
statement of defence to preceding claim, alleging necessary certificate of
architect not granted, and payment into Court, and counter-claim for
breach of contract to complete by certain day, 594

reply to preceding defence, alleging waiver of breach of contract, 594
statement of claim in action on building contract, and for extras, 595
statement of defence to preceding claim, alleging necessary certificate not
granted, extras never ordered by defendant or architect, 595

statement of claim in action by commercial traveller, for his salary and
commissions, 595

statement of defence to preceding claim alleging payment into Court, 596
reply to preceding defence, 596

statement of claim in action against defendants in the alternative for literary
services, 596

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
a year, 597

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
wages, 597, 598

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
of Frauds, 598

servant or agent on dismissal not necessarily entitled to wages, &c., for
unexpired term of service, &c., 598

as amount may be reduced by probability of having other employment
during such time, 598

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,

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