innocent opponent—but even then, it is conceived that Equity would be very slow and jealous in exercising such a stretch of power. The Roman law took a different view of the subject, regarding him—qui justas causas habuisset quare bona ad se pertinere existimasset, (Dig. Lib. v. Tit. iii. 1, 20, &c.)—with great leniency, and exempting him from payment of mesne profits accrued previous to the action. According to the law of Scotland, a bonâ fide possessor evicted (i. e. turned out) by a person having a better right, is entitled to retain the fruits or profits (called "violent profits") which he may have reaped or received during his bonâ fide possession. It would seem, however, that this doctrine is based not solely upon the bonâ fide ignorance of the ousted party, but upon the concurring negligence and delay of his victorious opponent.
9
Note 9. Page 58.
It is by no means a matter of course, to apply for and obtain this nominal appointment, which occasions ipso facto the vacating a seat in Parliament. It is a matter of discretion with the Chancellor of the Exchequer; and he has refused it during the present session [1844] to several applicants.
10
Note 10. Page 75.
This species of sport has recently, alas! been seriously interfered with, by the increased power given, in such cases, to the police magistrates.
11
Note 11. Page 91.
See Dr. Bubble's "Account of the late Landslips, and of the Remains of Subterranean Castles."—Quarto Edition, Vol. III. pp. 2000-2008.
12
Note 12. Page 91.
Ante, Vol. 1., p. 441.
13
Note 13. Page 93.
Horace, Carm. 1. 34, ad finem.
14
Note 14. Page 96.
Troilus and Cressida, i. 3.
