BOOK III. PART I. PROCEEDINGS IN PARTICULAR ACTIONS. CHAPTER I. EJECTMENT. SECT. I. In Ordinary Cases, 357 to 395. II. On a Vacant Possession, 396 to 398. III. By Landlord against Tenant, under Stat. 4 Geo. 2, c. 28, 398, 399. IV. By Landlord against Tenant, under Stat. 1 Geo. 4, c. 87, 400 to 410. V. By Landlord against Tenant, under 11 Geo. 4, and 1 Will. 4, c. 70, ss. 36, 37, 410 to 412. SECT. I.-PROCEEDINGS IN EJECTMENT IN ORDINARY CASES. Sir, 1. Notice to quit by Landlord. I hereby [if as agent, add "as the agent for and on behalf of your landlord A. B. of -"] give you notice to quit and deliver up, on the day of next, the possession of the messuage [or "rooms and apartments," or "farm, land"] and premises, with the appurtenances, which you now hold of me [or" of the said A. B."] situate in the parish of, in the county of [If there be any doubt as to when the tenancy commenced, here say "provided your tenancy originally commenced at that time of the year; or otherwise, that you quit and deliver up the possession of the said messuage &c. (as before) at the end of the year of your tenancy, which will expire next after the end of half a year from the time of your being served with this notice."] Dated the day of —, 18-. To Mr. C. D. (the lessee and not the under-tenant) or whom else it may concern. Your's, &c. A. B. [or if as agent, say "E. F. agent for the said A. B."] [See 2 Chit. Ar. Pr. 733, 734.] 2. Notice by a Joint-tenant or Tenant in Common, to determine Tenancy of a Moiety, &c. Sir, I hereby give you notice of my intention to determine, on the day of next, the tenancy under which you now hold of me one undivided moiety or half part (as the case may be) of and in a messuage [&c. conclude as in the preceding form.] 3. Notice to quit by Tenant. Sir, I hereby give you notice that I shall on the quit and deliver up the possession of the messuage [&c.] situate [&c.] which I now hold of you. To Mr. A. B. (the landlord.) Your's &c. 4. Acknowledgment under 3 & 4 Will. 4, c. 27, s. 14, taking effect as the possession of the person really entitled at the date of the acknowledgment (a). 1, A. B., now in possession [or "in receipt of the profits," as the case may be] of the messuage [or farm, land," &c.] and premises, with the appurtenances, called in the parish of in the county of [it may prevent dispute to describe the property here more particularly, e. g. "consisting of one dwelling-house and out offices, one garden, two orchards, 100 acres of arable land, 50 acres of pasture land, &c."] hereby acknowledge that I am in possession for "in receipt, &c."] by the sufferance and subject to the title of C. D., the person really entitled to the possession [or "the receipt, &c."] of the said premises: And I give this acknowledgment with the intent that my possession [or " receipt, &c."] of the said premises may be deemed to be the possession of [or "the receipt of the profits by"] the said C. D. so as to preserve his, the said C. D.'s, right of entry into the same, according to the intent of the statute in such case made and provided. Dated this day of (Signed.) To Mr. C. D. [or " E. F. agent of C. D."] 5. Original Writ (b). A.D. 1840. A. B. greeting: If Victoria [&c. ante, 354, No. 2,] to the sheriff of John Doe shall give you security for prosecuting his claim, then put by gages and safe pledges Richard Roe, late of -,_yeoman, that he be before us on — wheresoever we shall then be in England, [or in C. P. "that he be before our justices at Westminster, on," to show wherefore, with force and arms, he entered into messuages, &c. [as in the declaration] with the appurtenances, in ―, which A. B. hath demised to the said John Doe, for a term which is not yet expired, and (a) This need not be stamped, see Barry v. Goodman, 2 M. & W. 768. (b) This writ is now rarely ever used except on error brought for want of it. ejected him from his said farm, and other wrongs to the said John Doe there did, to the great damage of the said John Doe, and against our peace. And have you there the names of the pledges and this writ. Witness ourself at Westminster, the day of in the year of our reign. 6. Sheriff's Return thereto. The within-named Richard Roe John Smith, is attached by pledges, {William Stiles. 7. Declaration by Original, and Notice to appear in Q. B. or C. P. on a single Demise. In the Queen's Bench [or "Common Pleas."] term, in the year of the reign of Queen Victoria (the term preceding that in which you require the tenant to appear, or it seems no objection to the declaration being entitled of a particular day, as other declarations.) (to wit.) Richard Roe was attached to answer John Doe, of a plea of trespass and ejectment, and thereupon the said John Doe by P. A. his attorney complains against the said Richard Roe: For that L. P. (the lessor of the plaintiff) on the day of day of the demise) demised to the said John Doe dwelling-houses, houses, yards, cottages, gardens, land, -acres of meadow land, of land covered with wood, barns, orchards, A.D.- , (the acres of land covered with water, and acres of other land, with the appurtenances, situate in the parish of in the county of -; to have and to hold the same to him the said John Doe and his assigns, from thenceforth for and during the term of seven years (state enough to cover the time beyond the trial of the action) from thence next ensuing, and fully to be complete and ended: By virtue of which said demise the said John Doe entered into the said tenements, with the appurtenances, and became and was thereof possessed for the said term so to him thereof granted: and the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the same day and year aforesaid, with force and arms &c. entered into the said tenements with the appurtenances in which the said John Doe was so interested, in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm, and other wrongs to the said John Doe then and there did, to the great damage of the said John Doe, and against the peace of our said lady the queen: Wherefore the said John Doe saith that he is injured, and hath sustained damage to the value of £——, and therefore he brings his suit &c. Mr. C. D. [&c. the tenant or tenants in possession.] I am informed that you are in possession of or claim title to the premises in this declaration of ejectment mentioned, or to some part thereof; and I, being sued in this action as a casual ejector only, and having no claim or title to the same, do advise you to appear in next term, [or in London or Middlesex, "on the first day (or first four days') of next term,"] in her majesty's Court of Queen's Bench, wheresoever her said majesty shall then be in England, [or in the Cammon Pleas, in her majesty's Court of Common Bench at Westminster,"] by some attorney of that court; and then and there, by rule of the same court, to cause yourself [or "yourselves"] to be made defendant [or “defendants"] in my stead; otherwise I shall suffer judgment therein to be entered against me by default, and you will be turned out of possession. Dated this day of - A.D. Yours, &c. Richard Roe. [See 2 Chit. Ar. Pr. 733.] 8. The like, on two Demises and one Ouster. In the Queen's Bench [or "Common Pleas."] (to wit.) A.D. messuages term, Victoria [see ante, 359.] Richard Roe was attached to answer John Doe of a plea of trespass and ejectment, and thereupon the said John Doe, by P. A. his attorney, complains against the said Richard Roe: For that L. P. (the lessor of the plaintiff) on the day of (the day of the demise), demised to the said John Doe [&c. as ante, 359], with the appurtenances, situate and being in the parish of in the county of .; to have and to hold the same to the said John Doe and his assigns from thenceforth for and during the term of seven years from thence next ensuing, and fully to be complete and ended: And also for that the said L. P. [or "one P. P."] on the day of in the year aforesaid, demised to the said John Doe other messuages &c. [as ante, 359, inserting the word “other” before each parcel,] with the appurtenances situate and being in the parish and county aforesaid, to have and to hold the same to the said John Doe and his assigns, from thenceforth for and during and unto the term of seven years from thence next ensuing, and fully to be complete and ended: By virtue of which said several demises the said John Doe entered into the said several tenements with the appurtenances, and became and was thereof possessed for the said several terms so to him thereof respectively granted: And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day of in the year of our Lord -[or "day and year aforesaid"], with force and arms &c. entered into the said several tenements with the appurtenances, in which the said John Doe was so interested, in manner and for the several terms aforesaid, which are not yet expired, and ejected the said John Doe from his said several farms, and other wrongs &c. [conclude as in the preceding form, and add a similar notice to appear.] 9. The like, with two Ousters. In the Queen's Bench [or "Common Pleas."] term, Victoria [see ante, 359.] (to wit.) Richard Roe was attached to answer John Doe of a plea of trespass and ejectment, and thereupon the said John Doe, by P. A. his attorney, complains against the said Richard Roe: For that L. P. (the lessor of the plaintiff) on the (the day of the demise), demised to the said John Doe &c. [as ante, 359], with the appurtenances, situate in the parish of in the county of -; to have and to hold the same to the said John Doe and his assigns from thenceforth for and during the term of seven years day of A.D. messuages (state enough) from thence next ensuing, and fully to be complete and ended: By virtue of which said demise the said John Doe entered into the said tenements, with the appurtenances, and became and was thereof possessed for the said term so to him thereof granted as aforesaid: And the said John Doe being so thereof possessed the said Richard Roe afterwards, to wit, on the day and year aforesaid, entered into the said tenements with the appurtenances, in which the said John Doe was so interested, in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm: And also for that the said L. P. [or "one P. P."] on the said day of in the year aforesaid, demised to the said John Doe other messuages [&c. as ante, 359, inserting the word "other" before each parcel,] with the appurtenances, situate in the parish and county aforesaid: to have and to hold the same to the said John Doe and his assigns from thenceforth for and during and until the full end and term of seven years from thence next ensuing, and fully to be complete and ended: By virtue of which said last-mentioned demise, the said John Doe entered into the said several tenements secondly above mentioned with the appurtenances, and became and was so thereof possessed for the said last-mentioned term so to him thereof granted: And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day and year last aforesaid, with force and arms &c. entered into the said last-mentioned tenements with the appurtenances, which the said L. P. [or “ P. P."] had demised to the said John Doe, in manner and for the term last aforesaid, which is not yet expired, and ejected the said John Doe from his said last-mentioned farm; and other wrongs &c. [conclude as usual, as in form, ante, 359, and add a similar notice to appeur.] 10. Declaration by Bill in Q. B. term, Victoria [see ante, 359.] day of in (to wit.) John Doe complains of Richard Roe, being in the custody of the marshal of the Marshalsea of our lady the now queen, before the queen herself, of a plea: For that L. P. on the the year of our Lord demised to the said John Doe messuages [&c. as ante, 359], with the appurtenances, situate and being in the parish of, in the county of -; to have and to hold the same to the said John Doe and his assigns from thenceforth for and during and unto the full end and term of seven years from thence next ensuing, and fully to be complete and ended; By virtue of which said demise the said John Doe entered into the said tenements with the appurtenances, and became and was possessed thereof for the said term so to him thereof granted: And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day and year aforesaid, with force and arms ́ &c., entered into the said tenements with the appurtenances, which the said L. P. had demised to the said John Doe, in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm; and other wrongs to the said John Doe then and there did, against the peace of our said lady the queen, and to the damage of the said John Doe of £- and therefore he brings his suit, &c. Pledges to prosecute, Richard Fen. and Add the notice to appear, as ante, 359, except that you should require the R |