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Bect. 2. "Copy of ike Declaration against the casual Ejector, who gives

No.n Notice thercupon to the Tenant in Possession.

Michaelmas, the 29th of King George the Second. Berks, WILLIAM STILES, late of Newbury in the said county, gentle. Declaration to wito man, was attached to answer Richard Smith, of a plea, wherefore with force and arms he entered into one messuage, with the appurtenancès, in Sutton in the county aforesaid, which John Rogers, Esquire, demised to the said Richard Smith for a term which is not yet expired, and ejected him from his said farm, and other 'wiongs to him did, to the great damage of the said Richard, and against the peace of the Lord the King, &c. "And whereupon the said Richard by • Robert. Martin his [*viii ) 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, had demised to the same Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, with the appurtenances, to the said Richard and his assigns, from the Feast of Saint Michael the Archangel then last past, to ihe end and term of five years from thence 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 twenty-ninth year, with force and arms, that is to say, with swords. stàves, 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 his 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 eventy pounds. And thereupon he brings suit, &c. MARTIN, for the plaintiff

,

Pledges of John Doe, Peters, for the defendant.

prosecution. ) RICHARD' Roe. Mr. GEORGE SAUNDERS,

I am informed that you are in possession of, or claim title to, the pre- Notica, mises 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 at Westminster, 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 possesYour loving friend,

WILLIAM STILES. 5th January, 1756. Sect. 3. The Rule of Court.

[ "ix] Hilary Term, in the twenty-ninth Year of King George the Second. Berks, IT IS ORDERED by the Court, by the assent of both parties, and Smith against to wit. I their attornies, that George Saunders, Gentleman, may be made Stiles, for one defendanı, in the place of the now defendant, William Stiles, and shall the appurte

mmediately appear to the plaintiff's action, and shall receive a declara- nances in Sun Lion in a plea of trespass and ejectment of the lenements in question, and ton, on the de shall immediately plead thereto Not Guilty: and, upon the trial of the mise of John

kogen issue, shall confess lease, entry, and ouster, and insist upon his title only. And if upon the trial of the issue, the said George do not confess lease, entry, and ouster, and by reason thereof the plaintiff cannot prosecure his writ, then the laxation of costs upon such non pros. shall cease, and 'he said George shall pay such costs io the plaintiff, as by the Couri of Vol. II,

48

sion.

No. II.

our Lord the King here shall be taxed and adjudged, for such his default
in non-performance of this rule; and judgment shall be entered against
the said William Stiles, now the casual ejector, by default. And it is
further ordered, that it upon the trial of the said issue a verdict shall be
given for the defendant, or if the plaintiff shall not prosecute his writ
upon any other cause than for the not confessing lease, entry, anú
ouster as aforesaid, then the lessor of the plaintiff shall pay costs, if the
plaintiff himself doth not pay them.

By the Court.
Martin, for the plaintiff,
Newman, for the defendant.

Sect. 4. The Record.

count.

Pleas before the Lord the King at Westminster, of the Term of Saint

Hilary, in the twenty-ninth Year of the Reign of the Lord George the Second, by the grace of God, of Great Britain, France, and Ire.

land King, Defender of the Faiih, &c. Berks, GEORGE SAUNDERS, late of Sutton in the county aforesaid, gentleto wit. ) man, was attached to answer Richard Smith, of a plea, wherefore with force and arms he

entered into one messuage, with the appurtenances, in Sutton, which John Rogers, Esq. hath demised to the said Richard for a term which is not yet expired, and ejected him from his said farm, ard other wrongs to him did, to the greai damage of -he said

Richard, and against the peace of the Lord the King that now is. AND Declaration, or WHEREUPON the said Richard by Robert Martin, his allorney, 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, had demised to the same Richard the tenement aforesaid, with the appurtenances, to have and to hold the said tenement, 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 thence 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 George afterwards, that is to say, on the first day of October in the said twenty-ninth 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 his said farm, and other wrongs to him did, to the great damago of the said Richard, and against the peace of the said Lord the King; whereby the said Richard saith that he is injured and endamaged to the value of twenty pounds: and thereupon he brings suit, (and good proof.] AND the aforesaid George Saunders, by Charles Newman, bis atiorney, comes

and defends the force and injury, when (and where it shall behove him;] Plea, not guil- and saith that he is in no wise guilty of ihe trespass and ejectment afore

said, as the said Richard above complains against him; and thereof he

puts himself upon the country; and the said Richard doth likewise the Venire award- same; THEREFORE let a jury come thereupon before the Lord the King,

on the octave of the purification of the blessed Virgin Mary, whereso, ever he shall then be in England, who neither [are of kin to the said Richard, nor to the said George,) to recognize (whether the said George be guilty of the trespass and ejeciment aforesaid ;) because as well (the said George as the said Richard, between whom the difference is, have

put themselves on the said jury.) The same day is there given to the Lespite, for de parties aforesaid. AFTERWARDS the process therein, being continued buli of jurors between the said parties of the plea aforesaid by the jury, is put between Nisi prius

them in respite, before the Lord the King, until the day of Easter in filleen days, wheresoever the said Lord the King shall then be in Engiand; unless the justices of the Lord the King assigned to take assises in the county aforesaid, shall have come before that time, to wit, on Monday the eighth day of March, at Reading in the said county, by the form of the statute (in that case provided), by reason of the detaúlt ce

Doconco.

Issue.

Tales de

the jurors, (summoned to appear as aforesaid.) At which day before No. II. the Lord the King, at Westminster, come the parties aforesaid by their attornies aforesaid; and the aforesaid justices of «assise, before whom

[ *xi 1 (the jury aforesaid came, ) sent here their record before them, had in these words, to wit, AFTERWARDS, at the day and place within contained, be- Postea. fore Heneage Legger, Esquire, one of the Barons of the Exchequer of the Lord the King, and Sir John Eardley Wilmot, Knight, one of the jus.ices of the said Lord the King, assigned to hold pleas before the King himself, justices of the said Lord the King, assigned to take assises in the county of Berks by the form of the statule (in that case provided,] come as well the within-named Richard Smith, as the within-written George Saunders, by their attornies within contained; and the jurors of the jury whereof mention is within maile being called, certain of them, lo wit, Charles Holloway, John Hooke, Peter Graham, Henry Cox, William Brown, and Francis Oakley, come, and are sworn upon tha jury; and because the rest of the jurors of the same jury did not appear, therefore others of the by-standers being chosen by the sheriff, at the request of the said Richard Smith, and by the command of the

cumstantibu justices aforesaid, are appointed anew, whose names are affixed to the panel within written, according to the form of the statute in such case made and provided; which said jurors so appointed anew, to wit, Roger Bacon, Thomas Sinall, Charles Pye, Edward Hawkins, Samuel Roberts, and Daniel Parker, being likewise called, come; and together with the other jurors aforesaid before impanelled and sworn, being elected, tried, and sworn, to speak the truth of the matter within contained, upon their oath 'say, that the aforesaid George Saunders is Verdict for the guilty of the trespass and ejectment within-written, in manner and plaintiff. form as the aforesaid Richard Smith within complains against him; and assess the damages of the said Richard Smith, on occasion of that trespass and ejectment, besides his costs and charges which he hath been put unto about his suit in that behalf, to twelve pence; and, for those costs and charges, to forty shillings. WHEREOPON the said Richard Smith, by his attorncy aforesaid, prayeth judgment against the said George Saunders, in and upon the verdict aforesaid by the jurors aforesaid given in the form aforesaid; and the said George Saunders, by

Motion in o his allorney aforesaid saith, that the court here ought not to proceed to

rest of juder give judgment upon the said verdict, and prayeth that judgment against ment. him the said George Saunders, in and upon the verdict aforesaid by the jurors aforesaid given in the form aforesaid, may be stayed, by reason that the said verdict is insufficient and erroneous, and that the same Verdict may be quashed, and that the issue aforesaid may be tried anew by other jurors to be afresh impanelled. And, because the court of the Lord the King here is not yet advised of giving their judgment of Continuanca and upon the premises, therefore day thereof is given as well to the said Richard Smith as the said George Saunders, before the Lord the King, until the morrow of the Ascension of our Lord, wheresoever the said Lord #the King shall then be in England, to hear their judgment of ["xii ) and upon the premises, for that the couri of the Lord the King is not yet advised thereof. At which day before the Lord the King at Westminster, come the parties aforesaid by their attornies aforesaid; upon which, the record and matters aforesaid having been seen, and by the court of the Lord the King now here fully understood, and all and singular the premises having been examined, and mature deliberation being had thereupon, for that it seems to the court of the Lord the Opinion of to King now here that the verdict aforesaid is in no wise insufficient or erroneous, and that the same ought not to be quashed, and that no new trial oughi to be had of the issue aforesaid, THEREFORE IT IS CONSIDERED, Judgment, ta that the said Richard do recover against the said George his term yei the plaintih. to come, of and in the said tenements, with the appurtenances, and the said damages assessed by the said jury in form aforesaid, and also Costs. twenty-seven pounds six shillings and eight-pence for his costs and charges aforesaid, by the court of the Lord the King here awarded to the said Richard, with his assent, by way of increase; which said damages in the whole amount to twenty-nine pounds, seven shillings Capratur ana eigni-pence. "And let the said George be iaken, (until he makih fina

court.

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"fine to the Lord the King)."4 AND 'HEREUPON the said Richard, by tas attorney aforesaid, prayeth a writ of the Lord the King, lo be directed to the sheriff of the county aforesaid, to cause him to have possession ot his term aforesaid yet to come, of and in the tenements atoresaid, with the appartenances; and it is granted unto him, retumable before the Lord the King on the morrow of the Holy Trinity, wheresoever he shall then be in England. At which day before the Lord the King, at Westminster, cometh the said Richard, by his attorney aforesaid ; and the sheriff, that is to say, Sir Thomas Peeve, Knighi, now sendeth, that he by virtue of the writ aforesaid to him directed, on the ninth day of June last past, did cause the said Richard to have his possession of his term aforesaid yet to come, of and in the tenements aforesaid, with the appurtenances, as he was commanded.

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Proceedings on an Action of Debt in the Court of Common Pleas;

removed into the King's Bench by Writ of Error.

Precipe.

Sect. 1. Originals 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 Oxfordshire, greeting; COMMAND Charles Long, late of Burford, gentleman, that justly and without delay he tender to William Burton two hundred pounds, which he owes him and nnjustly detains, as he saith. And unless he shall so do, and if the said William shall make you secure of prosecuting his claim, then summon by good summoners ihe aforesaid Charles, that he be before our justices, at Westminster, on the octave of Saint Hilary, to show wherefore he bath not done it. And have you there then the summoners, and this writ. WITNESS Ourself at Westininster, the twenty-fourth day of December, in the twentycighth year of our reign. Pledges of John Doe.

Summoners of the ROGER MORRIS. prosecu- RICHARD ROE.

within named

HENRY JOHNBON, tion.

Charles Long,

Shortiros To

Sect. 2. Process.

Attachment. 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 Oxfordshire, greeting. Put by gage and safe pledges Charles Pom

Long, late of Burford, gentleman, that he be before our justices at Westminster, on the octave of the purification of the blessed Mary, to answer to William Burton of a plea, that he render to him two hundred pounds which he owes him and unjustly detains, as he saith ; and to show wherefore he was not before our justices at Westminster on the octave of Saint Hilary, as he was summoned. And have there then the names of the pledges and this writ. WITNESS, Sir John Willes, Knight, at Westminster, the twenty-third day of January, in the

twenty-eighth year of our reign. Sherio's robuurt

es Long Rower

is attached by Pledges, ROBERT TANNER. Dutningas. GEORGE the Second, by the grace of God, of Great Britain, France, [*xiv) and Ireland King, Defender of the Faith, and so forth; to the sheriti

of Oxfordshire, greeting. We command you, that you distrein Charles Long, late of Burford, gentleman, by all his lands and chattels within your bailiwick, so that neither he nor any one through him may vay hands on the same, until you shall receive from us another coin. mand thereupon ; and that you answer to us of the issues of the same; and that you have his body before our justices at Westminster froma

+ Now omitted. See pare 398.

turn. Nowa inventuu

the day of Easter in fifteen days, to answer to William Burton of a No. ILL. plea, thu he render to him (wo hundred pounds which he owes him and unjustly detains, as he saith, and to hear his judgment of his many defaults. WITNESS, Sir Joha Willes, Knight, at Westminster, the twelfth day of February, in the twenty-eighth year of our reign.

The within named Charles Long fath nothing in my bailiwick, turn. Nihil whereby he may be distreined.

GEORGE the Second, by the grace of God, of Great Britain, France, Copios and Ireland King, Defender of the Faith, and so forth; to the Sheriff spondendum. of Oxfordshire greeting. We command you, that you make Charles Long, late of Burford, gentleman, if he may be found in your bailiwickim and him safely keep, so that you may have his body before our justices ar Westminster from the day of Easter in five weeks, to answer to William Burton, gentleman, of a plea, that he render lo him two hundred pounds, which he owes him and unjustly detains, as he saith; and whereupon you have returned to our justices au Westminster, that the said Charles hath nothing in your bailiwick, whereby he may be distreined. And have you there then this writ. WITNESS, Sir John Willes, Knight, at Westminster, the sixteenth day of April, in the twenty-eighth year of our reign.

Sheriff's ro The within named Charles Long is not found in my bailiwick.

GEORGE the Second, by the grace of God, of Great Britain, France, Testatum co and Ireland King, Defender of the Faith, and so forth; to the Sheriff pios. of Berkshire, greeting. We command you, that you take Charles Long, late of Burford, gentleman, if he may be found in your bailiwiek, and him safely keep, so that you may have his body before our justices a: Westminster, on the morrow of the Holy Trinity, to answer to William Burton, Gentleman, of a plea, that he render to bim !wo hundred pounds, which he owes him and unjustly detains, as he saith; justices at Westminster, at a certain day now past,

that the aforesaid [sv] Charles is not found in his bailiwick; and thereupon it is testified in our said Court, that the aforesaid Charles lurks, wanders, and runs about in your county. And have you there then ihis writ.' WITNESS, Sir John Willes, Knight, at Westminster, the seventh day of May, in the lwenty-eighth year of our reign.

By virtue of this writ to me directed, I have taken the body of the Sherit's ro within named Charles Long; which I have ready at the day and place within contained, according as by this writ it is commanded me. Or, upon the Return of Non est inventus upon the first Capias, the Plaintiff may sue out an Alias and a Pluries, and thence proceed to

Oullawry: thus : George the Second, by the grace of God, of Great Britain, France, Alias capricios and Ireland King, Defender of the Faith, and so forth; to the Sheriff of Oxfordshire greeting. We command you as formerly we commanded you, that you take Charles Long, fate of Burford, Gentleman, if he may be found in your bailiwick, and him safely keep, so that you may have his body before our justices at Westminster, on the morrow of ihe Holy Trinity, to answer to William Burion, Gentleman, of a plea, that he render to him two hundred pounds, which he owes him and unjustly detains, as he saith. And have you there then this writ. WITNESS, Sir John Willes, Knight, at Westminster, the seventh day of Mav, in the twenty-eighth year of our reign.

Shertil's ro

tum. No The within named Charles Long is not found in my bailiwick.

inventwe GEORGE ihe Second, by the grace of God, of Great Britain, France, Plunu ce and Ireland King, Defender of the Faith, and so forth; to the SI eriff pias of Oxfordshire greeting. We command you, as we have more than

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