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N° I.

of the

that, to wit, it may be inquired of the time [of the feifin alleged by the faid William.] And he therefore prays, that it may be inquired by the affife, whether the faid William Kent was feifed of the tenements aforefaid with the appurtenances in his demefne as of fee in the time of the faid lord the king GEORGE the firft, as the faid William in his demand before hath alleged. Therefore it is commanded the sheriff, that he Summons fummon by good fummoners four lawful knights of his county, knights. girt with fwords, that they be here on the octaves of faint Hilary next coming, to make election of the affife aforefaid. The fame day is given as well to the faid William Kent as to the faid Richard Allen here, &c. At which day here come as well the faid William Kent, as the faid Richard Allen; and the sheriff, to wit, fir Adam Alftone knight now returns, that Return he had caused to be fummoned Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of his county, girt with fwords, by John Doe and Richard Roe his bailiffs, to be here at the said octaves of faint Hilary, to do as the faid writ thereof commands and requires; and that the faid fummoners, and each of them, are mainprized by John Day and James Fletcher. Whereupon the faid Charles Stephens, Randal Wheler, Toby Cox, and Thomas Munday, four lawful knights of the county aforefaid, girt with fwords, being called, in their proper perfons come, and, being fworn, upon Election of their oath in the prefence of the parties aforefaid chofe of the recogthemselves 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 Richardfon, Alexander Moore, Peter Payne, Robert Quin, Archibald Stuart, Bartholomew Norton, and Henry Davis, efquires, John Porter, Chriftopher Ball, Benjamin Robinson, Lewis Long, William Kirby, gentlemen, good and lawful men of the county aforefaid, who neither are of kin to the faid William Kent nor to the faid Richard Allen, to make recognition of the grand aflife aforefaid. Therefore it is commanded the fheriff, that he Venire cause them to come here from the day of Eafter in fifteen days, facias. to make the recognition aforefaid. The fame day is there given. to the parties aforefaid. At which day here come as well the

nitors.

N° I.

Recogni

tors fworn.

the Demandant.

faid William Kent as the faid Richard Allen, by their attorneys aforefaid, and the recognitors of the affife whereof mention is above made being called, come, and certain of them, to wit, Charles Stephens, Randal Wheler, Toby Cox, Thomas Munday, Charles Price, knights, Daniel Prince, Roger Lucas, William Day, James Harris, Peter Payne, Robert Quin, Henry Davis, John Porter, Chriftopher Ball, Lewis Long, and WilVerdict for liam Kirby, being elected, tried, and fworn, upon their oath fay, that the said William Kent hath more right to have the tenements aforefaid with the appurtenances to him and his heirs, as he demandeth the fame, than the faid Richard Allen to hold the fame as he now holdeth them, according as the said William Judgment. Kent by his writ aforefaid hath fuppofed. Therefore it is confidered, that the faid William Kent do recover his feifin against the said Richard Allen of the tenements aforefaid with the appurtenances, to him and his heirs, quit of the said Richard Allen and his heirs, for ever: and the faid Richard Allen, in mercy, &c.

N° II.

No II.

N° II.

Proceedings on an Action of Trespass in EJECTMENT, by Original, in the King's Bench,

§ 1. The Original Writ.

GEORGE the fecond, by the grace of God of Great Bri- Si fecerit tain, France and Ireland, king, defender of the faith, and sosecurum. forth; to the sheriff of Berkshire, greeting. f Richard Smith shall give you fecurity of profecuting his claim, then put by gage and fafe pledges William Stiles, late of Newbury, gentleman, so that he be before us on the morrow of All-Souls, where. foever we shall then be in England, to thew wherefore with force and arms he entered into one meffuage with the appurtenances, in Sutton, which John Rogers efquire, hath demifed to the aforefaid 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. Witnefs ourself at Westminster, the twelfth day of October, in the twenty-ninth year of our reign.

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§ 2. Copy of the Declaration against the cafual Ejector; who gives Notice thereupon to the Tenant in Poffeffion.

Michaelmas, the 29th of king George the fecond.

Berks,}

William Stiles, late of Newbury in the faid county, Declaragentleman, was attached to answer Richard Smith, of tion. a plea, wherefore with force and arms he entered into one mes

to wit.

fuage,

No II. fuage, with the appurtenances, in Sutton in the county aforefaid, which John Rogers efquire demifed to the faid 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 faid Richard, and against the peace of the lord the king, &c. And whereupon the faid Richard by Robert Martin his attorney complains, that whereas the faid 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 aforefaid, had demised to the fame Richard the tenement aforefaid, with the appurtenances, to have and to hold the faid tenement, with the appurtenances, to the faid Richard and his affigns, from the feaft of faint 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 demife the faid Richard entered into the faid tenement, with the appurtenances, and was thereof possessed; and, the faid Richard being fo poffeffed thereof, the faid William afterwards, that is to fay, on the faid first day of October in the faid twenty-ninth year, with force and arms, that is to fay, with fwords, ftaves, and knives, entered into the faid tenement, with the appurtenances, which the faid John Rogers demifed to the faid Richard in form aforefaid for the term aforesaid, which is not yet expired, and ejected the faid Richard out of his faid farm, and other wrongs to him did, to the great damage of the faid Richard, and against the peace of the faid lord the king; whereby the faid Richard faith, that he is injured and damaged to the value of twenty pounds. And thereupon he brings fuit, &c.

Notice.

Martin, for the plaintiff.

Peters, for the defendant.

Pledges of
profecution,

John Doe.
Richard Roe.

Mr. George Saunders,

I am informed that you are in poffeffion of, or claim title to, the premises mentioned in this declaration of ejectment, or to fome part thereof; and I, being fued in this action as a cafual ejector,

4

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 fome 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 ftead; otherwise I shall fuffer judgment to be entered against me, and you will be turned out of poffeffion.

Your loving friend,

No II.

5 January, 1756.

William Stiles.

$3. The Rule of Court.

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

Second.

fuage with

the

Sutton, on the demife Rogers. of John

appur tenances in

Berks, t is ordered by the court, by the affent 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 melStiles; for defendant William Stiles, and fhall immediately appear to the plaintiff's action, and fhall receive a declaration in a plea of trefpafs and ejectment of the tenements in question, and fhall immediately plead thereto, not guilty: and, upon the trial of the iffue, fhall confefs leafe, entry, and outer, and infift upon his title only. And if, upon trial of the iffue, the faid George do not confefs leafe, entry, and oufter, and by reason thereof the plaintiff cannot profecute his writ, then the taxation of cofts upon fuch nonprof. fhall ceafe, and the faid George fhall pay fuch cofts to the plaintiff, as by the court of our lord the king here shall be taxed and adjudged for fuch his default in non-performance of this rule; and judgment fhall be entered against the faid William Stiles, now the cafual ejector, by default. it is further ordered, that, if upon the trial of the faid iffue a verdict shall be given for the defendant, or if the plaintiff shall not profecute his writ, upon any other caufe, than for the not

And

confef

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