Bill of Cofts for the DEFENDANT in Replevin. Attending at Turnham Green, and making a distress on the household furniture of Francis George, taking inventory thereof, and drawing notice of distress о 6 IIO O 14 о 8 0 0 14 0 0 14 O Inftructions and warrant to proceed o 2 7 Attending fheriff for leave for that purpofe, and figning indemnity Paid fheriff Copying of replevy bond Capias The reft of the articles of charges as usual. I 4 48 0 O 1 135 I. A CHAPTER THE NINTH. The Law of Ejectment. Treatise on Ejectment, p. 1. 5 Co. 105. N EJECTMENT is a mixed action, by which a See Mr.Serjeant leffee for years, when oufted, may recover his Runnington's term and damages; it is real in refpect of the lands, but perfonal in reípect of the damages. Since the difufe of real action, this mixed proceeding is become the common method of trying the title to lands or tenements. In this chapter, therefore, the following points are meant to be invef 10 Mod. 177. tigated: 1. The methods of proceeding. 2. For whom and in what cafes it lies. 3. For what things it lies. 4. Ejectment for non-payment of rent. 5. The declaration, demife, &c. 8. Evidence and verdict. 10. Writ of error and execution. I. The Methods of proceeding in Eje&ment. 1. THE ANCIENT way of proceeding in ejectment, was by actually fealing a leafe, on the premifles, by the party in intereft who was to try the title; And this method is still in ufe, in the following cafes: 2. FIRST. Where the houses, or things for which the ejectment is brought, is empty: But a very little matter is fufficient to keep poffeffion; and, therefore, where a tenant had left fome beer in the cellar, and the landlord proceeded as on a vacant poffeffion, the judgment was set aside. Comb. 250. 9 Co. 97. Strange. 1069. Vide ante page. 96. pl. 1. 3. SECONDLY. When a corporation is leffor of the plain- Carth. 390. tiff, they must give a letter of attorney to fome perfon to Ld. Ray. 135. enter and feal a leafe on the land; for a corporation cannot make an attorney or a bailiff except by deed, nor can they appear but by making a proper perfon their attorney by deed'; therefore, they cannot enter and demife upon the land, as natural perfons can. K 4 4. THIRDLY. 1 Keble 690. 795 2 Crompton's Practice 152. published by T. Street, in the year 1787. 4. THIRDLY. When the feveral interefts of the leffor of the plaintiff are not known, for, in that cafe, it is proper to feal a leafe upon the premiffes; left they should fail in fetting out in their declaration the feveral intereft which each man paffes. 5. FOURTHLY. When the proceedings are in an inferior court, they must proceed by actually fealing a leafe, because they cannot make rules to confefs leafe, entry, and oufter, in as much as inferior courts have not authority to imprison for difobedience to their rules. 6. THE MODERN METHOD of proceeding in ejectment, intirely depends on a ftring of legal fictions; no actual Whieldon, Fleet leafe is made; no actual entry by the plaintiff; no actual oufter by the defendant; but all are merely ideal for the fole purpose of trying the title. To this end, a leafe for a term of years is ftated, in the proceedings, to have been made by him who claims title, to the plaintiff who is generally an ideal fictitious perfon, who has no exiftence; though it ought to be a real perfon to answer for the defendant's cofts. In this proceeding, which is THE DECLARATION; for there is no other process in this action, it is also stated, that the leffee, in consequence of the demise to him made, entered into the premiffes; and that the defendant, who is also now another ideal fictitious perfon, and who is called the cafual ejector, afterwards entered thereon, and oufted the plaintiff; for which oufter, the plaintiff brings this action. Under this declaration is written a notice, fupposed to be written by this cafual ejector, directed to the tenant in pofJeffion of the premiffes; in which notice, the casual ejector informs the tenant of the action brought by the leffee, and affures him, that as he, the cafual ejector, has no title at all to the premiffes, he shall make no defence; and, therefore be advises the tenant to appear in court, at a certain time, and defend his own title, otherwife he, the cafual ejector, will fuffer judgment to be had against him, by which the actual enant will inevitably be turned out of poffeffion. 7. The declaration, with the notice fubjoined, is then ferved on the tenant in poffeffion, and it must be read and explained to the party served at the time of the service; and, by the common law, the declaration, against the cafual ejector, must have been ferved either on the tenant himfelf or on his wife, and could not have been served on any of his children or fervants. But this is now remedied by |