to wit. (County into which the writ of summons issued against

was, on the

Ante, 192, 3.

the sheriff) C. D. late sheriff of the county of
day of
in the year of our Lord 18—, (day of service of
the writ of summons,) summoned to answer A. B. assignee of G. H.
a bankrupt, according to the force, form, and effect of the statute
concerning bankrupts, in an action on the case, for the recovery of
the value of certain goods and chattels, seized and taken by the
said C. D. as such sheriff, under a writ of fieri facias issued
against G. H. (the defendant in the execution,) at the suit of E. F.
(the execution creditor,) and which were claimed by him the said
E. F.: And such proceedings were thereupon had, &c. (as in last.)

greeting:

William the Fourth, &c. (262.) To the sheriff of We command you, that of the goods and chattels of E. F. in your bailiwick, you cause to be made -l., being the amount of the taxed costs of a certain application made by the late sheriff of the county of to our court before us, in a certain cause lately depending in the same court, wherein A. B. assignee, (&c.) was plaintiff, and C. D. late sheriff, (&c.) was defendant: which costs were ordered, by a rule of the same court, to be paid by the said E. F. to the plaintiff, or his attorney, pursuant to the statute in such case made and provided; as appears to us of record. And have that money before us at Westminster, on the day of next, to be rendered to the said A. B. for his costs aforesaid; and have there then this writ. (263.)

William the Fourth, &c. (262.) To the sheriff of

Witness, &c.

greeting:

($ 10.) Fieri facias, for

the costs of application.

Ante, 193.

(§ 11.) We command you, that you take E. F. if he shall be found in Capias ad satisfaciendum, for

your bailiwick, and him safely keep, so that you may have his body same.

before us at Westminster, on the
A. B. of -l. &c. (as in last, to the asterisk;) and have there

day of next, to satisfy Ante, 193.

then this writ. Witness, &c. (263.)

CHAP. XLV.

($ 1.) Declaration in ejectment, by original, in K.

FORMS of PROCEEDINGS in EJECTMENT.

In the King's Bench, (or

Common Pleas.)

B. or C. P.

Ante, 196, 7.

-, (to wit.)

Doe, by

Richard Roe was attached to answer John Doe

of a plea of trespass and ejectment: And thereupon the said John his attorney, complains; that whereas A. B. on the year of the reign of our lord the had demised to the said John Doe, stables,

day of
-, in the
now king, in the county of

messuages,

barns,

yards, gardens, - orchards,

acres of meadow land, and

outhouses,

acres of arable land,

acres of pasture land, with the

appurtenances, situate and being in the parish of, in the county aforesaid; to have and to hold the same to the said John Doe and his assigns, from the

day of

then last past, for and

years, from thence next

during, and unto the full end and term of
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
day of
in the
year aforesaid, with
force and arms, &c. entered into the said tenements with the ap-
purtenances, which the said A. B. had demised to the said John Doe,
in manner and for the term aforesaid, which is not yet expired, and
ejected him the said John Doe from his said farm and other

wrongs to the said John Doe then and there did, against the peace CHAP. XLV. of our said lord the now king, and to the damage of the said John Doe ofl. and therefore he brings his suit, &c.

Mr. C. D.

I am informed that you are in possession of, or claim title to the premises, in this declaration of ejectment mentioned, or 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 and plead to the said declaration, within ten days from the service hereof, in his majesty's court of King's Bench, wheresoever his said majesty shall then be in England, (or, in C. P. “in his majesty's court of Common Bench at Westminster," or, in the Exchequer, "in the office of Pleas of his majesty's court of Exchequer at Westminster,") by some attorney of that court; otherwise I shall suffer judgment therein to be entered against me by default, and you will be turned out of possession. Dated this

day

($ 2.) Notice to appear

and plead to de-
claration in
ejectment, on

stat. 11 Geo.
IV. & 1 W.
IV. c. 70. § 36.

E. F. of- —, maketh oath and saith, that the right of entry of

-

the lessor of the plaintiff above-named, accrued, as this deponent verily believes, on the day of last, being after the expiration of term last past; the tenancy of C. D., tenant in possession of the premises in the declaration of ejectment hereunto annexed mentioned, of and in the premises for the recovery of the possession of which this action is brought, having expired day of the said month of last: And this deponent instant, per

day of

on the
further saith, that he did, on the
sonally serve the said C. D. with a true copy of the said declara-
tion, and of the notice thereunder written, hereunto annexed; and
that he this deponent acquainted the said C. D. with the intent and
meaning of the said declaration and notice.

Sworn, (&c.)

E. F.

In making up the record of the proceedings, on a declaration by original in the King's Bench or Common Pleas, or in the Ex

expires in or

after Hilary or
Trinity term.

Tidd Prac. 9
Ed. 1209.

(§ 4.) Making up the record, on same statute, § 37.

Tidd Prac. 9
Ed. 1236.

($ 5.) Judge's certificate for immediate writ of

possession.

Tidd Prac. 9

chequer, on the statute 11 Geo. IV. & 1 W. IV. c. 70, where the tenancy expires, or right of entry accrues, in or after Hilary or Trinity term, the special title should be prefixed to the declaration, (as before, p. 328. b.) In the King's Bench by bill, it should be introduced in the memorandum, which precedes the bill, as follows:

the

day

(to wit.) Be it remembered, that on of, (the day next after the day of the demise in the declaration,) in the year of the reign of our lord the now king, John Doe brought into the office of the clerk of the declarations of the court of our said lord the king, before the king himself, according to the form of the statute in such case made and provided, his certain bill against C. D. being in the custody of the marshal of the marshalsea of our said lord the king, before the king himself, of a plea of trespass and ejectment; and filed the same bill in the said office: which said bill was and is entitled on the said day of in the year aforesaid, and follows in the words, (that is to say): (to wit.) John Doe complains of C. D. being, &c. (as in the Appendix to Tidd Prac. 9 Ed. Chap. XLVI. § 26.

I do hereby certify my opinion, that a writ of possession ought to be issued immediately in this cause.

Chief justice's (or Judge's name.)

Ed. 1224. 1244, In the King's Bench, &c. (265.)

&c.

($ 6.) Affidavit to in

duce a judge to certify for immediate writ of possession,

where plaintiff is

nonsuited, for defendant's not

confessing lease, expired on the day of

&c.

Tidd Prac. 9
Ed. 1224. 1244,
&c.

John Doe, on the demise, &c. (§. 3.)

A. B. of, the lessor of the plaintiff above named, maketh oath and saith, that this action of ejectment was brought for the recovery of the possession of a dwelling house with the appurtenances, of him this deponent, situate, (&c.) and lately held by the said C. D. as his tenant thereof, for a term of years, which last: And this deponent further saith, that after the expiration of the said term, he this deponent demanded possession of the said dwelling house with the appurtenances, and required the said defendant to deliver the same to him this deponent; but that the said C. D. wholly refused to deliver such possession, and wrongfully held over, and continued, and still continues, in possession of the said dwelling house with the appurtenances, to the great injury and detriment of this deponent: And this deponent further saith, that previously to the expiration of the said term, he this deponent had agreed to let the said dwelling

house with the appurtenances to another tenant, and give him CHAP. XLV. possession thereof on the day after the expiration of the said term, but that he was unable to do so, by reason of the said defendant's having so held over, and continued in possession of the same as aforesaid ".

Sworn, (&c.)

A. B.

(To the end of the postea, and then as follows :) And thereupon the said chief justice, (or "chief baron", or "the said justice, or baron,") before whom the said issue was tried, certified his opinion, on the back of the record, that a writ of sion ought to issue immediately, for the recovery of the said term (or "several terms ") yet to come, of and in the tenements aforesaid, with the appurtenances. Therefore, &c.

This affidavit will, of course, vary according to circumstances; but its general object, as will be seen by the above form, is to shew, that there was no real

posses

ground for defending the ejectment; and
(if the fact,) that the lessor of the plaintiff
will suffer some particular loss or incon-
venience, by being kept out of possession.