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No II. suage, with the appurtenances, in Sutton in the county aforesaid,

which John Rogers esquire demised to the said Richard Smith for a term which is not yet expired, and ejected him from his faid farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the lord the king, &c. And whereupon the said Richard by Robert Martin his attorney complains, that whereas the said John Rogers, on the first day of October in the twenty-ninth year of the reign of the lord the king that now is, at Sutton aforesaid, had demised to the same Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appurtenances, to the said Richard and his assigns, from the feast of saint Michael the archangel then last past, to the end and term of five years from thence next following and fully to be complete and ended, by virtue of which demise the said Richard entered into the said tenement, with the appurtenances, and was thereof possessed; and, the said Richard being so possessed thereof, the faid William afterwards, that is to say, on the said first day of October in the said twenty-ninth year, with force and arms, that is to say, with swords, staves, and knives, entered into the said tenement, with the appurtenances, which the said John Rogers demised to the said Richard in form aforesaid for the term aforesaid, which is not yet expired, and ejected the said Richard out of his faid farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the said lord the king; whereby the faid Richard faith, that he is injured and damaged to the value of twenty pounds. And thereupon he brings suit, &c.

Martin, for the plaintiff. 3
Peters, for the defendant. S

Pledges of John Doe. prosecution, ? Richard Roe.

Mr. George Saunders,

Notice.

I am informed that you are in po lesion of, or claim title to, the premises mentioned in this declaration of ejeciment, or to fume part thercof; and I, being sued in this action as a casual

ejector,

No II. .

ejector, and having no claim or title to the fame, do advise you to appear next Hilary term in his majesty's court of king's bench at Westminster, by some attorney of that court, and then and there, by a rule to be made of the same court, to cause yourself to be made defendant in my stead; otherwise I shall fuffer judgment to be entered against me, and you will be turned out of posseflion.

Your loving friend,

William Stiles.

5 January, 1756.

$ 3. The Rule of Court.

Hilary Term, in the twenty-ninth Year of King Georce the

second.

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Berks, 2 It is ordered by the court, by the assent of both Smih to wit. S parties, and their attorneys, that George Saunders, againīt

Stiles; for gentleman, may be made defendant, in the place of the now one mei defendant William Stiles, and fall immediately appear to the fuage with plaintiff's action, and fall receive a declaration in a plea of the

tenanccs in trespass and ejectment of the tenements in question, and shall Sutton, on immediately plead thereto, not guilty: and, upon the trial of the demite

of John the issue, shall confess lease, entry, and outer, and infist upon Royers. his title only. And if, upon trial of the issue, the said George do not confess lease, entry, and oufter, and by reason thereof the plaintiff cannot prosecute his writ, then the taxation cf costs upon such nonprof. shall cease, and the faid George Mall pay such costs to the plaintiff, as by the court of our lord the king here shall be taxed and adjudged for such his default in non-performance of this rule; and judgment shall be entered against the said William Stiles, now the casual ejector, by default. And it is further ordered, that, if upon the trial of the said issue a verdia shall be given for the defendant, or if the plaintiff shall not prosecute his writ, upon any other cause, than for the not

confef

No II.

confessing lease, entry, and ouster as aforesaid, then the leño:
of the plaintiff shall pay costs, if the plaintif himself doth not
pay them.

By the Court.
Martin, for the plaintiff.
Newman, for the defendant.

$ 4. Tbe Record.

Pleas before the lord the king at Westminer, of the term of

faint Hilary, in the twenty ninth year of the reign of the lord George the second, by the grace of God of Great Britain, France, and Ireland king, defender of the faith, &c.

Berks, ? George Saunders, late of Sution in the county afore

to wit. I said, gentleman, was attached to answer Richard Smith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenances, in Sutton, which John Rogers esquire hath demised to the said Richard for a term which is not yet expired, and ejected him from his faid farm, and other wrongs to him did, to the great damage of the

said Richard, and againīt the peace of the lord the king that Declaration, now is. 2nd whereupon the said Richard by Robert Martia or count.

his attorney compiains, that whereas the said John Rogers on the first day of October in the twenty-ninth year of the reign of the lord the king that now is, at Sutton aforesaid, had demised to the fame Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appur'nances, to the said Richard and his alligns, from the feast of saint Michael the archangel then laft paft, to the end and term of five years from thence next following and fully to be complete and ended ; by virtue of which demise the said Richard entered into the said tenement; with the appartenances, and was thereof possessed: and, the said Richard being so possessed thereof, the said George afierwards, that is to sav, on the first day of October in the said twenty-ninth year, with force and arms, that is to say, with swords, staves, and knives, entered into the

faid

aforesaid for the John No III.

Lame of his faid farmot yet expired, and or

said tenement, with the appurtenances, which the said John No III. Rogers demised to the said Richard in form aforesaid for the term aforesaid which is not yet expired, and ejected the said Richard out of his said farm, and other wrongs to him did, to the great damage of the said Richard, and against the peace of the said lord the king; whereby the said Richard faith that he is injured and endamaged to the value of twenty pounds : and thereupon he brings suit, (and good proof.] and the aforesaid George Defence. Saunders, by Charles Newman his attorney, comes and defends the force and injury, when (and where it shall bebove him ;] and faith that he is in no wise guilty of the trespass and eject. Plea, not ment aforesaid, as the said Richard above complains against him ; guilty. and thereof he puts himself upon the country: and the said Iffue. Richard doth likewise the same; Therefore let a jury come thereupon before the lord the king, on the octave of the purification Verire of the blessed virgin Mary, wheresoever he shall then be in Eng, awardeda land; who neither [are of kin to the said Richard, nor to the said George ;] to recognize [whether the said George be guilty of the trespass and ejectment aforesaid :) because as well (the faid George, as the said Richard, between whom the difference is, have put themselves on the said jury. ] The same day is there given to the parties aforesaid. afterwards the process therein, Respite, for being continued between the said parties of the plea aforesaid default of by the jury, is put between them in respite, before the lord the " king, until the day of Easter in fifteen days, wherefoever the said Nifi priusa ford the king shall then be in England ; unless the justices of the lord the king asligned to take assises in the county aforesaid, Thall have come before that time, to wit, on Monday the eighth day of March, at Reading in the said county by the form of the statute (in that case provided], by reason of the default of the jurors, (summoned to appear as aforesaid.] At which day before the lord the king, at Westminster, come the parties aforefaid by their attorneys aforesaid ; and the aforesaid justices of affise, before whom (the jury aforesaid came, sent here their record before them, had in these words, to wit: afterwards, Polica. at the day and place within contained, before Heneage Legger esquire, one of the barons of the exchequer of the lord the king; and fir John Eardley Wilmot, knight, one of the justices of the VOL. III. LI

faid

anders blame jurhat jury, own, and

No III. faid lord the king, assigned to hold pleas before the king himna

felf, justices of the said lord the king, asligned to take afises in
the county of Berks by the form of the statute (in that cafe pre-
vided,] come as well the within-named Richard Smith, as the
within-written George Saunders. by their attorneys within con-
tained ; and the jurors of the jury whereof mention is within
made being called, certain of them, to wit, Charles Holloway,
John Hooke, Peter Graham, Henry Cox, William Brown, and
Francis Oakley, come, and are sworn upon that jury : and be.

cause the rest of the jurors of the same jury did not appear,
Tales de cir- therefore others of the by- standers being chosen by the sheriff,
cumftantibus.

at the requelt of the said Richard Smith, and by the command
of the justices aforesaid, are appointed anew, whose names are
affixed to the panel within written, according to the form of the
statute in such case made and provided; which said jurors fo
appointed anew, to wit, Roger Bacon, Thomas Small, Charles
Pye, Edward Hawkins, Samuel Roberts, and Daniel Parker,
being likewise called, come; and together with the other jurors
aforesaid before impanelled and sworn, being elected, tried,

and sworn, to speak the truth of the matter within contained,
Verdiet for upon their oath say, that the aforesaid George Saunders is guilty
the plaintiff.

of the trespass and ejectment within-written, in manner and form
as the aforesaid Richard Smith within complains against him;
and assess the damages of the said Richard Smith, on occasion
of that trespass and ejectment, besides his costs and charges
which he hath been put unto about his fuit in that behalf, te
twelve pence : and, for those costs and charges, to forty shillings.
Wihereupon the said Richard Smith, by his attorney aforesaid,
prayeth judgment against the said George Saunders, in and upon

the verdict aforesaid by the jurors aforesaid given in the form
Motion in aforesaid: and the said George Saunders, by his attorney afore.
arrest of

said faith, that the court here ought not to proceed to give judg-
judgment.

ment upon the said verdiet, and prayeth that judgment against
him the said George Saunders, in and upon the verdict aforesaid
by the jurors aforesaid given in the form aforesaid, may be
Itayed, by reason that the said verdict is insufficient and errone-
ous, and that the same verdict may be qualhed, and that the issue
aforesaid may be tried anew by other jurors to be afresh impa-

nelled.

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