Sheriff's return. Declaration. No. II. Proceedings on an action of trespass in ejectment, by original, in the King's Bench. Sect. 1. The original writ. GEORGE the second, by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, and so forth; to the sheriff of Berkshire, greeting. If 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 before us on the morrow of All Souls, wheresoever we shall then be in England, to shew 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. Witness ourself at Westminster, the twelfth day of October, in the twenty-ninth year of our reign. Sect. 2. The declaration against the casual ejector; who gives notice thereupon to the tenant in possession. By original in K. B. * Michaelmas Term, the 29th of king George the second. Berks,WILLIAM STILES, late of Newbury, in the to wit. The proceedings in ejectment in the common pleas, and, by origi ̧nal, in the king's bench, are exactly alike; mutatis mutandis. whereupon 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, Any day after had demised to the same Richard the tenement aforesaid, the plaintiff's with the appurtenances, to have and to hold the said tene- title accrued. ment, 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 then 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 say, on the said first day of October, in the said 29th 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 the 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 saith, that he is injured and damaged to the value of twenty pounds. And thereupon he brings his suit, &c. Mr. George Saunders, I Am informed that you are in possession of, or claim Notice thereto. title to, the premises mentioned in this declaration of ejectment, or to some part thereof; and I, being sued in this action as a casual ejector, and having no claim or title to the same, do advise you to appear next Hilary Term in his majesty's court of king's bench WHERESOEVER, &c. 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 suffer judgment to be entered against me, and you will be turned out of possession. Your loving friend William Stiles. Sect. 3. Declaration in ejectment by bill. Middlesex, ss. } A. B. complains of C. D. being in the custody of the marshal of the Marshalsea of our sovereign lord the king, before the king himself, for that whereas E. T. gentleman, on the tenth day of May, in the fifth year of the reign of our lord the now king, at Westminster, in the county of Middlesex, had de mised, granted, and to farm let, to the said A. five messuages, &c. (reciting the several parcels) with the appur tenances, situate, lying, and being in the parish of St. Mar tin's in the Fields, in the said county of Middlesex, to have and to hold the said tenements, with the appurtenances, to the said A. and his assigns, from the 25th day of March then last past, to the full end and term of five years from thence next ensuing, and fully to be complete and ended; by virtue of which said demise, he the said A. entered into the said tenements, with the appurtenances, and was thereof possessed until the said C. afterwards, that is to say, on the same tenth day of May, in the sixth year aforesaid, with force and arms, entered into the said tenements, with the appurtenances, which the said E. T. demised to the said A. in manner aforesaid, for the term aforesaid, which is not yet expired, and ejected the raid A. out of his said farm; and then and there did other injuries to the said A. against the peace of our said lord the king, and to the damage of him the said A. of twenty pounds, and thereupon he brings his suit, &c. The notice to this declaration is the same as the last only, instead of the words " wheresoever, &c." must be substituted" at Westminster." Sect. 4. Declaration in ejectment, by original, on a double Lancashire, ss. }THO demise. HOMAS WILLIAMSON, late of, &c. yeoman, was attached to answer William Thomason, of a plea wherefore, with force of arms, he entered into one moiety of the manor of Bretherton, otherwise Brotherton, with the appurtenances, and into thirty messuages, ten cottages, four hundred acres of land, two hundred acres of meadow, and two hundred acres of pasture, with the appurtenances, in Bretherton, otherwise Brotherton, in the county of Lancaster aforesaid, which James duke of Athol demised to the said William for a term which is not yet expired; and also into one other moiety of the manor of Bretherton, otherwise Brotherton, with the appurtenances, and into thirty other messuages, ten other cottages, four hundred other acres of land, two hundred other acres of meadow, and two hundred other acres of pasture, with the appurtenances in Bretherton, otherwise Brotherton aforesaid, in the county of Lancaster aforesaid, which George Bruce, esq. demised to the said William for a term which is not yet expired; and ejected the the said Willizm from his said several farms, and other wrongs to him did, to the great damage of the said William, and against the peace of our sovereign lord the king, &c. And thereupon the said William, by John Howard his attorney, complains, that whereas the said duke, on the day of in the year of the reign of his present majesty, at Preston, in the county aforesaid, had demised to the said William the said moiety and tenements first above mentioned, with the appurtenances; to have and to hold the same moiety and tenements, with the appurtenances, to the said William and his assigns, from the day of then last past, to the full end and term of five years from thence next ensuing, and fully to be complete and ended: by virtue of which demise the said William entered into the same moiety and tenements, with the appurtenances, and was thereof possessed: and the said William being so possessed thereof, the said Thomas afterwards, to wit, on the said day of (the first day) in the said year, with force and arms, entered into the moiety and tenements first above-mentioned, with the appurtenances, which the said duke demised to the said William in manner aforesaid, for the term aforesaid, which is not yet expired; and ejected the said William out of the said first above-mentioned farm. And also that whereas the said George Bruce, esq. on the day of day of in the year aforesaid, at Preston aforesaid, had demised to the said William the said moiety and tenements secondly above-mentioned, with the appurtenances; to have and to hold the same moiety and tenements, with the appurtenances, to the said William and his assigns, from the then last past, to the full end and term of five years from thence next ensuing, and fully to be. complete and ended; by virtue of which last-mentioned demise, the said William entered into the same moiety and tenements, with the appurtenances, and was thereof possessed: and the said William being so possessed thereof, the said Thomas afterwards, to wit, on the said (the first day into this count) in the said year, with force and arms, entered into the said moiety and tenements lastly above-mentioned, with the appurtenances, which the said George Bruce, esq. demised to the said William in manner aforesaid, for the term aforesaid, which is not yet expired, and ejected the said William out of his said last-mentioned farm, and other wrongs to him did, to the great damage of the said William, and against the peace of our said sovereign lord the king, &c.; whereupon the said William says, he is injured, and has sustained damage to the value of forty pounds; and therefore he brings his suit, &c. day of L L N. B. N. B. The declaration, by bill, on a double dentise, is in substance the same as the count part of the declaration by original; and the only difference in form is that which exists between a declaration by original and a declaration by bill, on a single demise. The notice must be the same as that in page 512. No. III. Sect. 1. Affidavit of service of declaration, where there is In the king's bench. but one tenant. A. B. on demise of C. D. plaintiff, Between E. F. and defendant. S. S. of, &c. maketh oath, and saith, that he this deponent did, on the day of last, deliver a true copy of the declaration and notice hereunto annexed, to W. T. tenant in possession of the premises in the said declaration mentioned; and, at the same time, told him it was a declaration in ejectment, and that unless he did appear thereunto, by some attorney of this honorable court, on the first day of this present Term, judgment would be entered against the said defendant by default, and he the said W. T. would be turned out of possession; or words to that or the like effect. Sworn, &c. S. S. Sect. 2. Similar affidavit, where there are several tenants. S. of, &c. maketh oath, and saith, that he this deponent did, on, &c. last, deliver a true copy of the declaration and notice hereunto annexed, to W. T. tenant in possession of part of the premises in the said declaration mentioned; and did also, on the same day, deliver another copy of the said declaration and notice to D. the wife of I. T. tenant in possession of the residue of the premises in the said declaration mentioned. And this deponent further saith, that he told them severally that it was a declaration in ejectment, and that unless they did severally appear thereto, by some attorney of this honorable court, on the first day of this present Term, judgment would be entered against the said defendant by default, and they the said W. T. and I. T. would be se verally |