No. 7.

Form of Indorsement thereon, in case a Nonsuit takes place.

[After the words "duly sworn to try the issue within mentioned," proceed as follows:]

And were ready to give their verdict in that behalf; but the said A. B., being solemnly called, came not, nor did he further prosecute his said suit against the said C. D.

No. 8.

Form of Judgment by the Plaintiff after Trial by the Sheriff. [Copy the issue, and then proceed as follows:]

Afterwards, on the [day of signing judgment] day of

in the year

came the parties aforesaid, by their respective attornies aforesaid, [or, as the case may be], and the said Sheriff, [or, Judge, as the case may be], before whom the said issue came on to be tried, hath sent hither the said last-mentioned writ, with an indorsement thereon, which said indorsement is in these words; to wit:

[Copy the Indorsement.]

Therefore it is considered, &c., [in the same form as before].

No. V.

SPECIMENS OF DECLARATIONS, IN ACTIONS REAL, MIXED, AND PERSONAL.

1.-DECLARATIONS IN REAL ACTIONS.

I.-COUNT IN DOWER.

IN THE COMMON PLEAS.

Trinity Term, in the eighth year of the reign of Queen Victoria. Derbyshire, to wit.-Ann Bowers, widow, who was the wife of Edward Bowers, deceased, by Thomas Brown, her attorney, demands against Charles Davies THE THIRD PART of ten messuages, ten barns, ten stables, four gardens, four orchards, two thousand acres of meadow, two thousand acres of pasture, and two thousand acres of other land, with the appurtenances, in the parish of Cartmel, in the county of Derby, as the dower of the said Ann Bowers, of the endowment of the said Edward Bowers, deceased, heretofore her husband, whereof she hath nothing, &c.*

II.-DECLARATION IN QUARE IMPEDIT.

IN THE COMMON PLEAS.

Trinity Term, in the eighth year of the reign of Queen Victoria. Durham, to wit.-Thomas, Bishop of Durham, Christopher Dickins, Esq., and Edward Fuller, clerk, were summoned to answer Agnes Birch, widow, of a plea that they permit the said Agnes Birch to present a fit person to the rectory of the parish church of Stinville, in the county of Durham, which is vacant, and belongs

* There are two kinds of Dower; one a Writ of Right of Dower, applicab'e when a part having been assigned to the widow, she claims the residue. The second is a Writ of Dower, i. e., when nothing has been yet assigned her; and the above is a precedent of the latter kind.

to her presentation. And, thereupon, the said Agnes Birch, by William Rawlins, her attorney, complains, that whereas one Sir John Dewhurst, Baronet, now deceased, in his lifetime, to wit, on the 2nd day of October, in the year of our Lord one thousand eight hundred and thirty-seven, was seised of the manor of Kelsay, in the county aforesaid, with its appurtenances (to which manor the advowson of the said rectory with its appurtenances then belonged) in his demesne as of fee.* And being so seised thereof as aforesaid, the said Sir John Dewhurst, afterwards, to wit, on the day and year last aforesaid, presented to the said church, being then vacant, one Eugene Godfrey, his clerk, who on the presentation of the said Sir John Dewhurst was admitted, instituted, and inducted into the same, in the time of peace, in the time of our sovereign lady Victoria, Queen of Great Britain and Ireland. And the said Sir John Dewhurst being so seised of the said manor, and the said advowson belonging thereto as aforesaid, afterwards, to wit, on the 1st day of January, in the year of our Lord one thousand eight hundred and forty-five, died so seised of such estate therein, upon whose death the said manor, with the said advowson so belonging thereto, descended to the said Agnes Birch, as daughter and heiress of the said Sir John Dewhurst, whereby she became and was seised of the said manor, with the said advowson so belonging thereto, in her desmene as of fee. And being so seised, the said church afterwards, to wit, on the 11th day of February, in the year last aforesaid, became vacant by the death of the said Eugene Godfrey, whereby it then belonged, and now belongs, to the said Agnes Birch, to present a fit person to the said church, so being vacant as aforesaid; but the said Bishop, Christopher Dickins, and Edward Fuller, will not permit her, but unjustly hinder her; wherefore she, the said Agnes Birch, saith that she is injured, and hath sustained damage† to the value of ten thousand pounds, and therefore she brings her suit, &c.

* See these words explained in Littleton, § 10, & 2 Bla. Comm. 106-7. + The student will note this claim of damages, in a REAL action. It is because they were expressly given in this case, by statute of WESTMINSTER II. 13 Edw. I. c. 5, § 3.

II.-DECLARATION IN THE MIXED ACTION.

IN THE QUEEN'S BENCH.

EJECTMENT.

Trinity Term, in the eighth year of the reign of Queen Victoria. Kent, to wit.-Richard Roe was attached to answer John Doe of a plea of trespass and ejectment, and thereupon the said John Doe, by Samuel Sly, his attorney, complains against the said Richard Roe: For that whereas Abraham Bates, heretofore, to wit, on the 21st day of June, in the year of our Lord one thousand eight hundred and forty-four, had demised to the said John Doe, five messuages, five stables, five yards, and five gardens, situate and being in the parish of Milton next Gravesend, in the county of Kent, to have and to hold the same to the said John Doe and his assigns from the twenty-fourth day of June, in the year aforesaid, for and during and unto the full end and term of fourteen years thence next ensuing, and fully to be complete and ended ; by virtue of which said demise the said John Doe entered into the said tenements with the appurtenances, and became and was thereof possessed for the said term, so to him thereof granted as aforesaid; and the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the 1st day of December, in the year aforesaid, with force and arms entered into the said tenements with the appurtenances, in which the said John Doe was so interested, in manner, and for the term aforesaid, which is not expired, and ejected the said John Doe from his said farm, and other wrongs to the said John Doe then did, against the peace of our lady the Queen, and to the damage of the said John Doe, of two hundred pounds, and therefore he brings his suit, &c.

TO MR. HENRY HUNT.*

I am informed that you are in possession of, or claim title to, the premises in this declaration of ejectment mentioned, or to some part thereof; and I being sued in this action as a casual ejector only,

This is the notice of the proceedings to the tenant in possession, and must always be subscribed to the declaration.

and having no claim or title to the same, advise you to appear in next Trinity Term, in Her Majesty's Court of Queen's Bench, wheresoever Her Majesty shall then be in England, by some attorney of that Court, and then and there, by rule of the same Court, to cause yourself to be made defendant in my stead, otherwise I shall suffer judgment to be entered against me by default, and you will be turned out of possession.-Dated this 12th day of May, in the year of our Lord 1845.

1. Special Count on a Deed, whereby the Testator appointed £5000 to be paid to the Plaintiff, on the event of the Testator's Death.* IN THE QUEEN'S BENCH.

The 1st day of June, in the year of our Lord, 1845.

Yorkshire, to wit.-John Hunt, the plaintiff in this suit, by Simon Brittell, his attorney, complains of Mary Jackson and James Cummings, the defendants in this suit, executrix and executor of the last will and testament of Luke Flower, deceased, who have been summoned to answer the said plaintiff, in an action of debt; and he demands of the said Mary Jackson and James Cummings, as such executrix and executor as aforesaid, the sum of £, which they unjustly detain from him. For that whereas, in the lifetime of the said Luke Flower, and before the commencement of this suit, to wit, on the first day of January, in the year of our Lord 1836, by a certain deed-poll then made by the said Luke Flower in his lifetime, bearing date the day and year aforesaid, sealed with his seal, and to the Court of our said Lady the Queen now here shown, the said Luke Flower did, for the

• 2 Chitt. Plead. 276 (6th ed.) This form was settled by an eminent barrister [A. D. 1815], and the plaintiff recovered a verdict.-Id. ib.