Of the Judgment in Partition.

AFTER confeffion of the action or iffue tried for the plaintiff, there fhall be judgment quod partitio fiat. Co. Lit. 167. b.

And thereon a writ fhall iffue to the fheriff to make partition.

The judgment in partition.

Therefore it is confidered, that partition be made thereof between them, &c. And it is commanded to the sheriff, that in his proper perfon he go to the manor and tenements aforefaid, and in the prefence of the parties aforefaid, being forewarned, if they fhall be willing, the manor and tenements aforefaid, with the appurtenances, by the oath of good and lawful men of his county, refpect being had to the true value of the manor and tenements aforefaid, with the appurtenances, he caufe to be divided into two equal parts (or as the cafe is) and one part of thofe parts he cause to be delivered and affigned to the faid A. B. and C. D. and the other part thereof to the faid E. F. to be holden to them and their heirs in feveralty, fo that neither the faid A. B. and C. D. nor the faid E. F. may have more of the manor and tenements aforefaid, with the appurtenances, than it belongeth to them to have; and that the said A. B. and C. D. of their part to them thereof belonging, and the faid E. F. of his part to him thereof belonging, may feverally apportion themselves; and that that portion, by the faid theriff fo diftinctly and openly made, he have here from the day of Eafter in fifteen days, under his feal and the feals of thofe, &c.

Of

Of the Writ de partitione facienda, &c.

UPO

PON the foregoing judgment, the demandant shall have a writ de partitione facienda, which is to the following effect:

in

GEORGE the third, by the grace of God, of Great
Britain, France, and Ireland, king, defender of
the faith, and fo forth. To the theriff of
greeting. Whereas E. F. late of
your county, efquire, was fummoned to be in
our court, before our juftices at Westminster, to
anfwer A. B. and C. D. of a plea wherefore the
faid A. B. and C. D. and the faid E. F hold
together and undivided the manor of

with the appurtenances, [fpecify the premifes according to the declaration] and the faid E. F. denied partition thereof to be made between them according to the form of the flatute in juch cafe made and provided, and unjustly per.nitted not the fame to be done, and contrary to the form of the flatute, as they faid, and the faid E. F. * appearing in our faid court, freely conjented that partition thereof might be made: Whereupon it was confidered. in our fame court, before our juftices at Weftminfler, that partition fhould be made between them of the manor and tenements aforefaid, with the appurtenances. Therefore we command you, that taking with you twelve free and lawful men of the neighbourhood of aforesaid, by whom the truth of the matters may be better known, in your proper perion you go to the manor and tenements aforefaid, with the appurtenances; and there, in the presence of the parties aforefaid, by you to be forewarned, if they fhall be willing to be prefent, the fame manor and tenements, with the appurtenances, by the oath of the said twelve free and lawful men, refpect being had to the true value of the manor and tenements aforefaid, with the appurtenances, you cause to be

If there was judgment by default, and the plaintiff declared and proceeded according to the ftatute, it fhould fo be stated in So if he pleaded non tenent infimul, and there was a verdict against him.

this writ

divided

Of the Writ de partitione facienda, &c.

divided into two equal parts, and one part of those
parts to be delivered and affigned to the faid A. B.
and C. D. and the other part thereof to the faid
E. F. to be holden to them and their heirs in
feveralty, fo that neither the said A. B. and C. D.
and the faid E. F. may have more of the manor
and tenements aforefaid, with the appurtenances,
than it belongs to them to have: And that the
faid A. B. and C. D. of their part to them thereof
belonging, and the faid E.F. of his part thereof to
him belonging, may severally apportion themselves.
And that that partition by you, fo diftinctly and
openly made, you have here from the day of
Eafter in fifteen days, under your feal and the
feals of those by whofe oath you shall have made
that partition: And have you there the names of
thofe by whofe oath you fhall have made the fame
partition, and this writ. Witnefs Sir William
de Grey, knight, at Westminster, the
day of
reign, &c.

in the twentieth year of our

Upon this writ, the sheriff ought to give notice to the parties of executing the fame - And he ought to attend in perfon. But by the flat. of William 3. ante, the underfheriff, or one who officiates as under-sheriff, may execute the fame in the prefence of two juftices.

If the manor to be divided lies intermixt with other lands, fo that the jury do not know the limits, quantity, &c. of the tenements to be divided; and the owner of the intermixt lands, &c. will not fhew the certainty of his lands, yet the jury ought to make partition as well as they can. Dy. 266. a.

After the partition made, it must be returned to the court under the feals of the fheriffs and twelve jurors. Lit. fect,

249.

The return of the above writ.

AT which day here come as well the faid A. B. and
C. D. as the faid E. F. by their attornies aforefaid.
And the fheriff, namely, John Thomas, efquire,
now here returns a certain partition between

the

Of the Writ de partitione facienda, &c.

the parties aforefaid, of the tenements aforefaid,
by the faid theriff, by virtue of the aforefaid writ,
and according to the form thereof, by the oath
of twelve free and lawful men of the neighbour-
hood of
aforefaid made: Which

to

follows in thefe words, to wit,
wit, I John Thomas, efquire, fheriff of the county
aforefaid, humbly certify and return to his majefty's
juftices, at the day and place in the writ here-
unto annexed mentioned, that by virtue of the
faid writ to me directed, on the

day of

in the twentieth year of the reign of king George the third, of Great Britain, France, and Ireland, king, defender of the faith, and fo forth, and in the year of our Lord 1780, having taken with me O. P. 2. R. S. T. &c. twelve free and lawful men of my bailiwick, and of the neighbourhood in the faid writ mentioned, by whom the truth of the matter may the better be known, in my proper perfon did go to the manor and tenements in the faid writ fpecified; and there, by the oath of the faid jurors, in the prefence of the parties in the faid writ named, by me forewarned according to the command of the faid writ, and by their affent, the faid manor and tenements, with their appurtenances, (refpect being had to the true value of the fame) I did caufe to be divided into two equal parts, and one part thereof, that is to fay, all thofe two meffuages, two barns, and the land thereto belonging, called the

containing two hundred and twenty acres, two roads, and
Seven perches, more or less, late in the occupation of
William Jones, and now of Michael Dixon and his
affigns, and all that meffuage, &c. [Specifying in
like manner the whole apportionment allotted to
the demandants]; and all commons, common
of pafture, woods, under-woods, and trees, ways,
waters, easements, and appurtenances, to the faid
feveral meffuages, cottages, farms, lands, wood,
ground, and premises belonging or appertaining,
or therewith used and enjoyed; all which faid pre-
mifes are fituate, lying, and being in
in my faid county; and did caufe to be delivered
and affigned to the faid A. B. and C. D. in the

Of the Writ de partitione facienda, &c.

in the

faid writ named, and the other part thereof, that
is to fay, all the manor of
faid county of
with the court baron
of the fame; and all rights, royalties, members,
and appurtenances thereof; and all that barn,
farm, and lands, &c. &c. [fpecifying the whole
apportionment allotted to the defendant]. All
which faid meffuages, cottages, farms, barns,
lands, woods, grounds, and premises, are fituate,
lying, and being in the parish of

in my county, I did caufe to be delivered and
affigned to the faid E. F. efq. in the faid writ
named, to be holden to them and their heirs in
feveralty, as by the faid writ I am commanded;
fo that neither the said A. B. and C. D. nor the
faid E. F. might have more of the manor and
tenements aforefaid, with the appurtenances, than
it belonged to them to have; and that the faid A.B.
and C. D. of their part to them thereof belong-
ing, and the faid E. F. of his part to him
thereof belonging, may feverally apportion them-
felves.

In witness whereof as well I the faid fheriff, as the jurors aforefaid, to this indented partition have fet our feals the day and year and place above mentioned.

John Thomas, efquire,
Theriff.

Of