original on nal. Declaration by Staffordshire (ss) Richard Roe, late of Stafford, in the county aforesaid, yeoman, was attached to answer John Doe, in a plea, wherefore with force and arms he entered into one messuage, one orchard, one garden, seventy acres of land, seventy acres of pasture, and seventy acres of meadow, with the appurtenances, in the parish of F. in the said county, which J. G. demised to the said John Doe, for a term of years which is not expired; and also wherefore with force and arms he entered into one other messuage, one other orchard, one other garden, &c. (as before), with the appurtenances, in the parish of F., in the said county, which T. P. demised to the said John Doe for a term which is not yet expired, and ejected him from his said several farms, and other wrongs to him then and there did, to the great damage of the said John Doe, and whereupon the said John Doe, by J. K. his attorney, complains: that whereas the said J. G. on the 14th day of February, in the year of our Lord 1817, at the parish of F. aforesaid, in the county aforesaid, demised to the said John Doe the said tenements first above-mentioned, with the appurtenances, to have and to hold the same to the said John Doe, from the 13th day of February then last past to the full end and term of seven years from thence next Second count. ensuing, and fully to be complete and ended. And also whereas the said T. P. on the 14th day of February, in the year of our Lord 1817, at the parish of F. aforesaid in the said county, demised to the said John Doe the tenements aforesaid, secondly above-mentioned, with the appurtenances, to have and to hold the same to the said John Doe, from the 13th day of February then last past, to the full end and term of seven years from thence next ensuing and fully to be complete and ended: by virtue of which said several demises the said John Doe entered into the said several tenements, with the appurtenances, and was possessed thereof, and being so possessed thereof, he the said Richard Roe afterwards, to wit, on the said 14th day of February, in the year aforesaid, with force and arms, &c. entered into the said several tenements, with the appurtenances, which the said J. G. and T. P. have respectively demised to the said John in manner and for the several terms aforesaid, which are not yet expired, and ejected the said John Doe out of his said several farms, and other wrongs, &c. to the great damage, &c. and against the peace, &c. whereupon the said John Doe says he is injured, and hath sustained damage to the value of 101. and there fore he brings suit, &c. Add the notice at the end as before, to appear generally as of the term, leaving the words" the first day of" out; wheresoever the king shall then be in England. How to describe the Premises if a Rectory, &c. If it be a rectory, say, he entered into the rectory of Rectory. the parish church of O. in the county of C.; and also into two messuages, ten barns, ten outhouses, ten gardens, ten orchards, fifty acres of arable land, fifty acres of meadow land, fifty acres of pasture land, and fifty acres of other land, with the appurtenances, situate and being in the said parish of O. in the county of C. aforesaid: and also into all and singular the tithes of corn, grain, hay, wood, grass, wool, lambs, and calves, arising, growing, renewing, increasing, and happening, within the said parish of O. and within the bounds, limits, and titheable places of the said rectory. must shew de mise by deed. In an ejectment for a rectory or vicarage, you must For a rectory shew a demise to be made by deed, though no lease is or vicarage, actually made, as thus: for that whereas the said John Beech, on the 13th day of February, in the year of our Lord 1812, at the parish of C. in the county aforesaid, by his indenture sealed with his seal, and to the court of our lord the king now here shewn, bearing date the day and year aforesaid, had demised, &c. If it be of a manor, the description of the premises is Manor. thus: entered into the manor of F. in the said county, with the rights, members and appurtenances thereunto belonging, and into fifty messuages, fifty cottages, fifty barns, fifty stables, two mills, fifty gardens, fifty orchards, 3000 acres of pasture land, 3000 acres of meadow, 1000 acres of wood, 500 acres of marsh land, 500 acres of furze and heath, and common of pasture for all manner of cattle, with the appurtenances, in the parish of F. in the said county. If tenants in common are lessors, there ought to be a different count on the demise of each: for they cannot make a joint lease. 2 Wils. 232. But in the case of joint-tenants, each may be said to demise the whole. So of coparceners. Vide Bull. N. P. 107. manded to be In this declaration the law requires, that the thing de- The thing de manded be so specified, that the sheriff may certainly stated with know what to give the possession of, if plaintiff should certainty. recover: for it would be in vain if execution could not In what county to be brought. Day of the demise. If title accrue in Easter va be had of the thing specifically demanded. 2 Ld. Raym. 1480. 2 Str. 907. But such a very exact description is not equally necessary in this action as in a præcipe; for in this action the plaintiff is to shew the sheriff the premises, and take possession at his peril of only what he has title to; if he takes more, the court will in a summary way set it right. 1 Burr. 629. Coffingham v. King. In what County to be brought, and of the Demise. (a) It must be brought in that county where the lands lie, and the declaration must set forth the particular parish; and the day of the demise must be laid after the title accrues, otherwise plaintiff will be nonsuited, and the plaintiff must lay the commencement of his supposed lease, to have been precedent to the ejectment by the defendant. 1 Sid. 8. 2 New Abr. 171. If the title of the lessor of plaintiff accrue in Easter cation, yet you vacation, yet the plaintiff may deliver his ejectment as may deliver of Easter term, and shall recover thereon, because he declaration as makes up his issue, or takes judgment as of the next of Easter term. term, 2 Vent. 174. It must be brought within twenty Twenty years. years. 21 Jac. 1. c. 16. Sid. 432. A tenant at will is Tenant at will not a trespasser, and if that tenancy be not determined before the day of the demise laid in the declaration, the plaintiff cannot recover. Goodtille v. Herbert, 4 Term Rep. 680. Several lessors, If there be several lessors, and it is stated that they demised, you must shew such a title in them, that they could demise the whole. Cro. Jac. 166. Motion for Judgment. This motion should be made the same term the notice to appear is, and an affidavit is to be made of the serAnnex a war- vice on the tenant, or his wife, and endorsed, to move rant or memo- for judgment against the casual ejector: fee to counsel randum on a 10s. 6d. He may either move it in court, or sign his 5s. stamp. name to it; if the former, it is handed to the clerk of the rules; if the latter, take it to the office yourself. (a) An actual entry is necessary to avoid a fine, though it be by a tenant for life. 7 Term Rep. 433. and the day of the demise must be laid after it, ibid, and 727. In a town cause you may move this the first day of the Town cause. term; but to have a plea, it must be moved before the four last days of the term; if not, the tenant will have until two days before the essoign-day of the next term to appear and plead. ap If it be a country cause, and the declaration be to pear of Michaelmas or Easter term, the motion must be made in the term the notice is to appear in, and the rule for judgment must be drawn up of that term, according to the new rule; pay rule 7s. for every tenant after the first 6d. The agent before he makes his motion, keeps a copy of the declaration by him, in order to make up the issue, if it be required. Country cause. Where there are several Where there are several tenants on the same demise, only one motion, and one rule for judgment is necessary. tenants on one Doe v. Roe, 7 Term Rep. 477. Though the name of demise, only each tenant was separately prefixed to the notice served one motion. on him. It is ordered, that the clerk of the rules of this court The clerk of shall for the future keep a book, in which shall be enter- the rules to ed all the rules which from time to time shall be deliver- the rules de keep a book of ed out in ejectment, instead of the present book, con- livered out in taining a list of the ejectments moved; in which book ejectment. shall be mentioned the number of the entry, the county in which the premises lie, the names of the nominal plaintiff, (the first lessor of the plaintiff, with the words" and others," if there be more than one,) and also the name of the casual ejector. And it is further ordered, that unless the rule for Rule for judg judgment be drawn up and taken away from the office of ment to be the clerk of the rules, within two days after the end of taken away the term in which the ejectment shall be moved, no rule ter the end of two days af shall be drawn up or entered in the book, nor shall any the term the proceedings be had in such ejectment. R. M. 31 Geo. 3. ejectment is It is now usual to bespeak the rule day motion is moved. made. (a) John Doe on the demise of J. P. plaintiff. In the King's Bench. A. B. of and Richard Roe defendant. in the county of maketh Affidavit of the service. oath and saith, that he this deponent did, on the day of (a) The like rule was made in C. P. E. 48 Geo. 3. See C. P. Prac. 6 Ed. 597. If the wife Rep. 765. session of the premises in the declaration hereto annexed mentioned, with a true copy of the declaration and notice thereunder written, hereto annexed, and at the same time this deponent (read to him the notice thereunder written), or it may be, acquainted the said J. B. of the intent and meaning of the said declaration, and notice thereunder written. To be sworn before a judge, if a town cause, and a commissioner, if in the country: engrossed on a 2s. 6d. stamp-paper. If the wife was served then say, " served served. 6 Term the wife of J. B. tenant in possession of the premises "at the dwelling-house of the said J. B. situate at, &c. or at the place of residence of the said J. B. situate "at," &c. (it being necessary as well in a town cause, as a country one.) The affidavit must be positive that the tenant is tenant in possession; for information, or belief, will not do in this case. Barnard. 330. 429. If served on several tenants. Affidavit where one is served personally and the wife of the other. 66 If the declaration be served on several tenants, then state that the deponent did personally serve C. D. E. F. &c. tenants in possession of, &c. with the declaration hereto annexed, and the notice thereunder written, by delivering a true copy of the said declaration, and notice to each of them the said C. D. E. F. &c. and at the same time, read over the said notice to each of them the said C. D. E. F. &c. (or explained to each of them respectively the intent and meaning of the said declaration and notice thereunder written.) Personally serve C. D. tenant in possession of part of the premises in the declaration of ejectment hereto annexed mentioned, with a true copy of the said declaration, and of the notice there underwritten, and at the same time acquainted the said C. D. of the intent and meaning of the said declaration and notice: and this deponent further saith, that he did, on the same day, also serve G. H. tenant in possession of the residue of the premises in the annexed declaration mentioned, with another true copy of the said declaration, and notice thereunder written, by delivering the same to, and leaving with S. H. the wife of the said G. H. at the dwelling house of the said G. H. situate at, &c. being the residue of the premises in the said declaration mentioned, and this deponent then explained to the said S. H. the intent and meaning of the said declaration and notice thereunder written. |