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that, t9 wit, it may be inquired of the time [of the seisin N* J. alleged by the said William.] And he therefore prays, that it may be inquired by the assife, whether the said William Kent was seised of the tenements aforesaid with the appurtenances in his demesne as of fee in the time of the said lord the king George the first, as the said William in his demand before hath alleged, therefore it is commanded the sheriff, that he Summon* summon by good summoners four lawful knights of his county, j^j,^ girt with swords, that they be here on the octaves of faint Hilary next coming, to make election of the aflise aforesaid. The same day is given as well to the said William Kent as to the said Richard Allen here, l£c. At which day here come as well the said William Kent, as the said Richard Allen; and the sheriff, to wit, sir Adam Alstone knight now returns, that Return, he had caused to be summoned Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of his county, girt with swords, by John Doe and Richard Roe his bailiffs, to be here at the said octaves of faint Hilary, to do as the said writ thereof commands and requires; and that the said summoners, and each of them, are mainprized by John Day and James Fletcher. Whereupon the said Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of the county aforesaid, girt with swords, being called, in their proper persons come, and, being sworn, upon Election of their oath in the presence of the parties aforesaid chose of fl?c rec05themselves and others twenty-four, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas Munday, Oliver Greenway, John Boys, Charles Price, knights, Daniel Prince, William Day, Roger Lucas, Patrick Fleming, James Harris, John Richardson, Alexander Moore, Peter Payne, Robert Q»in, Archibald Stuart, Bartholomew Norton, and Henry Davis, esquires, John Porter, Christopher Ball, Benjamin Robinson, Lewis Long, William Kirby, gentlemen, good and lawful men of the county aforesaid, who neither are of kin to the said William Kent nor to the said Richard Allen, to make recognition of the grand affise aforesaid. Cljcrcfore it is commanded the sheriff, that he y„*e cause them to come here from the day of Easter in fifteen days, /«»<«• to make the recognition aforesaid. The same day is there given to the parties aforesaid. At which day here come at well the

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said William Kent at the said Richard Allen, by their attorneys aforesaid, and the recognitors of the assise whereof mention is above made being called, come, and certain of them, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas Manday, Charles Price, knights, Daniel Prince, Roger Lucas, William Day, James Harris, Peter Payne, Robert Quin, Henry Davis, John Porter, Christopher Ball, Lewis Long, and William Kirby, being elected, tried, and sworn, upon their oath say, that the said William Kent hath more right to have the tenements aforesaid with the appurtenances to him and his heirs, as be demandeth the fame, than the said Richard Allen to hold the same as he now holdeth them, according as the said William Judgment Kent by his writ aforesaid hath supposed. Chcrefotc ft is COnQocrcTj, that the said William Kent do recover his seisin against the said Richard Allen of the tenements aforesaid with the appurtenances, to him and his heirs, quit of the said Richard Allen and his heirs, for ever: and the said Richard Allen, in mercy, yV.

Recognitors sworn.

Verdict for the Demandant.

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N« II.

N° II.

Proceedings on an Aftion of 'Trespass in Ejectment, by Original in the King's Bench.

§ i. Tie Original Writ.

(2J<U£)lB<i>4B the second, by the grace of God of Great Bri- s/mrirer

tain, France and Ireland, king, defender of the faith, and bs" forth; to the sheriff of Berkshire, greeting. Jf Richard Smith, shall give you security of prosecuting his claim, then put by gage and safe pledges William Stiles, late of Newbury, gentleman, so that he be before us on the morrow of All-Souls, wheresoever we shall then be in England, to stiew wherefore with force and arms he entered into one messuage with the appurtenances, in Sutton, which John Rogers esquire, hath demised to the aforesaid Richard, for a term which is not yet expired, and ejected him from his said farm, and other enormities to him did, to the great damage of the said Richard, and against our peace. And have you there the names of the pledges, and this writ. iZiitneftl ourself at Westminster, the twelfth day of October, in the twenty-ninth year of our reign.

Sheriff's

Return.

n. , r i v The within-named 1, , r»

Pledges of -, John Doe ^ StUesisat. {John Den

prosecution, J Richard Roe. ^^ hy ^^ J Richard Fen.

§7. Copy of the Declaration again/I the casual Ejeclor; ivho gives Notice thereupon to the Tenant in PoJfeJJion.

Michaelmas, the 29th of king George the second.

Berks,? Cdtflitntn Stiles, late of Newbury in the said county, DccUrato wit. * gentleman, was attached to answer Richard Smith, of tlona plea, wherefore with force and arms he entered into one messuage,

N° II. suagc, 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 said farm, and other wrongs to him did, to the great damage of the said Ricnard, and against the peace of the lord the king, Sec. 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 faint 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 said "William afterwards, that is to fay, on the said first day of October in the said twenty-ninth year, with force and arms, that is to fay, 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 said firm, 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 siith, that he is injured and damaged to the value of twenty pounds. And thereupon he brings suit, &c.

Martin, for the plain'iff. 7 Pledges of f John Doe.
Peters, for the defendant. * prosecution, *■ Richard Roe.

Mr. George Saunders,

Notice. I am informed that you ate in possession of, or claim title to,

the premises mentioned in this declaration of ejectment, or to

some part therejs; and I, being sued in this action as a casual

4 ejector.

ejector, and having no claim or title to the same, do advise you No II. 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 fame court, to cause yourself to be made defendant in my stead; otherwise I sliall suffer judgment to be entered against me, and you will be turned out of possession.

5 January, 1756.

Your loving friend,

William Stiles.

§ 3. The Rule of Court.

Hilary Term, in the twenty-ninth Year of King Gi:orce the

second.

Berks,? %t fg oroereD by the court, by the assent of both Smith to wit. S parties, and their attorneys, that George Saunders, against gentleman, may be made defendant, in the place of the now one'roes-"' defendant William Stiles, and sliall immediately appeas, to the fuage with plaintiff's action, and sliall receive a declaration in a plea of theaPP"rtrelpafs and ejectment of the tenements Id question, and ihall Sutton, on immediately plead thereto, not guilty: and, upon the trial of the demise the issue, shall confess lease, entry, and ouster^ and insist upon Rci°ri? his title only. And if, upon trial of the issue, the said George do not confess lease, entry, and ouster, and by reason thereof the plaintiff cannot prosecute his writ, then the taxation cf costs upon such nonpros, shall cease, and the said George sliall pay such costs to the plaintiff, as by the court of our lord the ting here (hall be taxed and adjudged for such his default in non-performance of this rule; and judgment sliall 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 verdict sliall be given for the defendant, or if the plaintiff ssial! not prosecute his writ, upon any ether cause, than for the not

confes

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