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that, to wit, it may be inquired of the time for the seisin N° 1. alleged by the said William.) And he therefore prays, that it may be inquired by the aslise, 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 Aheriff, that he Summons
of the summon by good fummoners four lawful knights of his county,
Yo knights. girt with swords, that they be here on the octaves of saint Hilary next coming, to make election of the affife aforesaid. The same day is given as well to the said William Kent as to the said Richard Allen here, &c. At which day here come as well the said William Kent, as the said Richard Allen; and the sheriff, to wit, fir Adam Alstone knight now returns, that Retum, he had caused to be summoned Charles Stephens, Randal Whe. ler, 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 saint 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 Ste. phens, 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 Ele&tion of their oath in the presence of the parties aforesaid chose of the recoz
nitors. themselves 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 Quin, 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. Therefore it is commanded the sheriff, that he Venire cause them to come here from the day of Easter in fifteen days, facias. to make the recognition aforesaid. The same day is there given to the parties aforesaid. At which day here come as well the
faid William Kent as the faid Richard Allen, by their attorneys aforesaid, and the recognitors of the aflife whereof mention is
above made being called, come, and certain of them, to wit, Recogni. Charles Stephens, Randal Wheler, Toby Cox, Thomas Mantors sworn. day, Charles Price, knights, Daniel Prince, Roger Lucas, Wil
liam Day, James Harris, Peter Payne, Robert Quin, Henry
Davis, John Porter, Christopher Ball, Lewis Long, and WilVerdi&t for liam Kirby, being elected, tried, and sworn, upon their oath say, the De. that the said William Kent hath more right to have the tene
ments aforesaid with the appurtenances to him and his heirs, as he demandeth the same, 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. Therefore it is
conadered, 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 Ri. chard Allen and his heirs, for ever : and the said Richard Allen, in mercy, &c.
No II. No II.
Proceedings on an Aetion of Trespass in EJECTMENT,
by Original, in the King's Bench.
§ 1. The Original Writ.
6DB6E the second, by the grace of God of Great Bri- Si fecerises
tain, France and Ireland, king, defender of the faith, and so fecurum. forth; to the seriff of Berkshire, greeting. 16 Richard Smith Thall 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, where. soever we hall then be in England, to thew 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. Wit. ness ourself at Westminster, the twelfth day of O&ober, in the twenty-ninth year of ous reign.
The within-named Pledges of 2 John Doe.
John Den. - Sheriff's
William Stiles isat-> prosecution, $ Richard Roe.
tached by pledges. (Richard Fen. Recure
§ 2. Copy of the Declaration against the casual Ejector ; who gives
Notice thereupon to the Tenant in Polellion.
Michaelmas, the 29th of king George the second.
Berks,} tüilliam Stiles, late of Newbury in the said county, Declara
to wit. ' gentleman, was attached to answer Richard Smith, of tion. a plea, wherefore with force and arms he entered into one mer.
No II. fuage, 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 said Wil. liam afterwards, that is to say, on the said first day of Otober 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 plainriff. }
Pledges of prosecution,
John Doe. Richard Roe.
Mr. George Saunders,
I am informed that you are in potefion of, or claim title to, the premises mentioned in this declaration of ejeciment, or to fume part thereof; 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 possession.
Your loving friend,
5 January, 1756.
$ 3. The Rule of Court.
Hilary Term, in the twenty-ninth Year of King Georce the
Berks, ? It is ordered 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
Stiles; for defendant William Stiles, and fall immediately appear to the suage with plaintiff's action, and shall receive a declaration in a plea of 1
tenances in trespass and ejectment of the tenements in question, and shall Sutton, on immediately plead thereto, not guilty: and, upon the trial of the de
of John the issue, shall confess lease, entry, and outer, and infist upon Rogers. 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 nonprof. shall cease, and the said 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 ejecor, by default. And it is further ordered, that, if upon the trial of the said issue a verdiâ fhall be given for the defendant, or if the plaintiff shall not prosecute his writ, upon any cther cause, than for the not