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Tindal, knight, our chief justice (or ". one of our justices") of the Bench at Westminster," or in Exchequer, “before the Right Honourable James Lord Abinger, our chief baron," or -, one of our barons"] at the Guildhall of the city of London [or if in Middlesex," at Westminster Hall, in the county of Middlesex," or "at the assizes, before one of our justices assigned to take the assizes in and for the county of -"], that is to say, a certain cause wherein John Doe on the demise of L. P. was plaintiff, and C. D. was defendant, for the recovery of the possession of his the said John Doe's term then and yet to come of and in two messuages, two acres of land [&c. as in declaration in ejectment], with the appurtenances, situate in the parish of in your bailiwick, which L. P. on &c. (day of demise as laid in declaration) had demised to the said John Doe, to hold the same to the said John Doe and his assigns for a term which is not yet expired; by virtue of which said demise the said John Doe entered into the said tenements with the appurtenances, and was possessed thereof until the said C. D. afterwards, to wit, on &c. [day of ouster laid in declaration], with force and arms &c. entered into the said tenements, with the appurtenances, which the said L. P. had demised to the said John Doe in manner and for the term aforesaid, which is not yet expired, and ejected him the said John Doe from his said farm; and on the trial of which said cause a verdict was given for the said John Doe [or "the said John Doe was nonsuited for want of the said C. D.'s appearing to confess lease, entry, or ouster"]; and our said chief justice [or "our said justice" or "baron"] having certified his opinion on the back of the record that a writ of possession ought to be issued immediately in the said cause, therefore we command you that without delay you cause the said John Doe to have the possession of his said term yet to come of and in the tenements aforesaid, with the appurtenances; and in what manner you shall have executed this our writ make appear to us [&c. conclude as in the form, ante, 390, No. 82.]

[If there be two demises and one or more ousters, the above form may be readily adapted to the case by comparing with the forms, ante, 390, 391. See 2 Chit. Ar. Pr. 766, 767.]

86. Habere facias possessionem, into a County Palatine.

Victoria, [&c. as ante, 390, No. 82,] to our chancellor of our county palatine of Lancaster [or "Durham"] (a), or to his deputy there, greeting: Whereas [&c. proceed as in the preceding writs, to the words "whereof &c." inclusive, and then thus:] Therefore we command you, that by our writ, under the seal of our said county palatine to be duly made and directed to the sheriff of the same county, you command the said sheriff, that without delay he cause the said John Doe to have the possession of his term [or "terms"] aforesaid, yet to come of and in the tenements [or "several tenements"] aforesaid, with the appurtenances: And in what manner the said sheriff shall execute our said writ, let him certify to you, so that you may make the same known to us immediately after the execution thereof, wheresoever we shall then be in England [or in Q. B. by bill," to us at Westminster, immediately after the execution thereof," or in C. P. " to our justices at Westminster, immediately after the execution thereof," or in Exch. " to the barons of our Exchequer at Westminster, immediately after the execution thereof"], and have there [or by bill in Q. B. “have there then"] this writ. Witness (name of chief justice or chief baron), at Westminster, the day of in the year of our Lord

(a) See as to Durham, ante, 21, n. (b).

87. Habere facias possessionem against Casual Ejector. [The form in this case is the same as the preceding forms, substituting "Richard Roe," for the name of the tenant in possession.]

88. Fi. Fa. or Ca. Sa. for Damages and Costs only, after a Verdict for the Plaintiff.

[This form is the same as the fi. fa. or ca. sa. in covenant, ante, 152, 192, except that instead of the words "by reason of the breach of a certain covenant made between the said A. B. and the said C. D." say "by reason of a certain trespass and ejectment (or certain trespasses and ejectments') then lately committed by the said C. D.”]

[See 2 Chit. Ar. Pr. 767.]

6

89. Habere fucias and Fi. Fa. in one Writ, in Q. B. by original,
after a Verdict for the Plaintiff.

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Victoria, [&c. as ante, 390, No, 82,] to the sheriff of greeting; Whereas [&c. proceed as in the habere fucias, ante, 390, &c. to the return day inclusive, and then thus:] We also command you, that of the goods and chattels of the said C. D. in your bailiwick, you cause to be made £, which the said John Doe lately in our said court recovered against the said C. D. for his damages which he had sustained, as well on occasion of the trespass and ejectment [or "trespasses and ejectments"] aforesaid, as for his costs and charges by him about his suit in that behalf expended; whereof the said C. D. is also convicted, as appears to us of record, together with interest upon the said sum of ££4 per centum per annum, from the which day the judgment aforesaid was entered up [or if entered up prior to 1st Oct. 1838, say "from the 1st day of October. A. D. 1838," and omit the words "on which day the judgment aforesaid was entered up"]. And that you have the said money and said interest as aforesaid before us on

day of

at the rate of A. D.

on

wheresoever we shall then be in England, to be rendered to the said John Doe, for his damages aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf: and in what manner you shall have executed this our writ make known to us on - aforesaid, wheresoever we shall then be in England: and have there this writ. Witness(name of chief justice), at Westminster, the year of our Lord

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[See 2 Chit. Ar. Pr. 767.]

90. The like, in C. P.

day of

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in the

greeting:

Victoria, [&c. as ante, 390, No. 82,] to the sheriff of Whereas [&c. proceed as in the habere facias, ante, 390, &c, to the return day inclusive, and then thus:] We also command you, that of the goods and chattels of the said C. D. in your bailiwick you cause to be made £, which the said John Doe lately in our said court recovered against the said C. D. for his damages which he had sustained, as well on occasion of the trespass and ejectment [or "trespasses and ejectments"] aforesaid, as for his costs and charges by him about his suit in that behalf expended; whereof the said C. D. is also convicted, together with interest

on the said sum of £- -at the rate of £4 per centum per annum, from the day of -A. D. ——, on which day the judgment aforesaid was entered up [or if entered up before 1st Oct. 1838, say "from the 1st day of October, A. D. 1838," and omit the words "on which day the judgment aforesaid was entered up"]. And that you have the said money, together with such interest as aforesaid, before our said justices at Westminster, on —, to be rendered to the said John Doe for his damages aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf: and in what manner you shall have executed this our writ make appear to our said justices at Westminster, on —— aforesaid, and have there this writ. Witness (name of chief justice), at Westminster, the

in the year of our Lord

91. The like, in Exchequer.

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day of

greeting:

Victoria, [&c. ante, 390, No. 82,] to the sheriff of Whereas [&c. proceed as in the habere facias, ante, 390, &c. to the return day inclusive, and then thus:] We also command you, that you omit not by reason of any liberty of your county, but that you enter the same, and of the goods and chattels of C. D. in your bailiwick you cause to be made £, which in our said court were adjudged to the said John Doe, for his damages which he had sustained, on occasion of the trespass and ejectment [or "trespasses and ejectments"] aforesaid; whereof the said C. D. is also convicted, as by inspecting the rolls of our said Exchequer appears to us, together with interest upon the said sum of £--, from the day of ——, a. D. ——, on which day the judgment aforesaid was entered up [or if entered up before 1st Oct. 1838, say "from the 1st day of October, A.D. 1838," and omit the words "on which day the judgment aforesaid was entered up"]. And that you have the said money, together with such interest as aforesaid, before the barons of our Exchequer, at Westminster, on ——, to be rendered to the said John Doe or his attorney in this behalf, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf: and in what manner you shall have executed this our writ make appear to the barons of our said Exchequer at Westminster, on and have there this writ. Witness (name of chief in the year of our Lord

baron), at Westminster, the day of

92. Habere Facias and Capias ad Satisfaciendum, in Q. B. after a Verdict for the Plaintiff.

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greeting:

Victoria, [&c. ante, 390, No. 82,] to the sheriff of Whereas [&c. proceed as in the habere facias, ante, 390, &c. to the return day inclusive, and then thus:] We also command you, that you take the said C. D. if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us on ―, wheresoever we shall then be in England [or if in bill "at Westminster, on"], to satisfy the said John Doe £- which in our said court before us at Westminster aforesaid were adjudged to the said John Doe, for his damages which he had sustained, as well on occasion of the trespass and ejectment [er "trespasses and ejectments"] aforesaid as for his costs and charges by him about his suit in that behalf expended: whereof the said C. D. is also convicted, as appears to us of record: together with interest upon

the said sum of £, at the rate of £4 per centum per annum, from the day of A. D. ——, on which day the judgment aforesaid was entered up [or if entered up before 1st Oct. 1838, say "from the 1st day of October, A. D. 1838," and omit the words "on which day the judgment aforesaid was entered up"]: and have there this writ. Witness (name of chief justice), at Westminster, the day of, in the year of our Lord

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[See 2 Chit. Ar. Pr. 766.]

93. The like, in C. P. or Exchequer.

Victoria, [&c. ante, 390, No. 82,] to the sheriff of - greeting: Whereas [&c. proceed as in the habere facias, ante, 390, &c. to the return day inclusive, and then thus:] We also command you, that you [if in Exchequer here insert "that you omit not by reason of any liberty in your bailiwick, but that you enter the same and"] take the said C. D. if [or in Exch. "wheresoever"] he shall be found in your bailiwick, and him safely keep, so that you may have his body before our said justices, [or in Exch. "before the barons of our Exchequer"] at Westminster, on

to satisfy the said John Doe £--, which in our said court were adjudged to the said John Doe, for his damages which he had sustained, as well on occasion of the trespass and ejectment [or "trespasses and ejectments"] aforesaid, as for his costs and charges by him about his suit in that behalf expended, whereof the said C. D. is also convicted, [if in Exch. here insert" as by inspecting the rolls of our said Exchequer appears to us"], together with interest upon the said sum of £——, at the rate of £4 per centum per annum, from the -day of. which day the judgment aforesaid was entered up [or if entered up before 1st Oct. 1838, say "from the 1st day of October, A.D. 1838," and omit the words "on which day the judgment aforesaid was entered up"]: and have there this writ. Witness (name of chief justice or chief baron), at Westminster, the day of in the year of our Lord

94. Attornment.

In the Q. B. [or “ C. P.” or “ Exch. of Pleas."]

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A. D.,

Between John Doe on the demise [or "demises "] of L. P. [and others], plaintiff,

C. D. and E. F. defendants.

on

We, whose names are hereunto subscribed, being the tenants in possession of the premises for which this action has been brought, situate in the parish of in the county of, do hereby severally attorn tenants to L. P. [and E. F.] of. for such parts of the said premises as are in our respective possessions: and we have this day severally paid unto the said L. P. [and E. F.] the sum of one shilling each, upon such attornment, on account of and in part payment of the rent due and to become due from us, severally and respectively, for and in respect of the said premises, and we do severally and respectively become tenants thereof to the said L. P. [and E. F.] from the day of last; as witness day of 1840.

our hands this Witness, W. W.

[See 2 Chit. Ar. Pr. 768.]

C. D.
E. F.

SECTION II.

PROCEEDINGS IN EJECTMENT, ON A VACANT POSSESSION.

1. Letter of Attorney to enter and seal Lease, &c.

Know all men by these presents, that I, L. P. of ——, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint P. A., of -, gentleman, to be my true and lawful attorney for me, and in my name to enter into and take possession of a certain messuage [farm] and premises, late in the tenure and occupation of J. J., situate in the parish of - in the county of but now untenanted; and after the said P. A. shall have taken possession thereof, for me and in my name, and as my act and deed, to sign, seal, and execute a lease of the said premises, with the appurtenances, to A.B., of, gentleman, to have and to hold the same to the said A. B., his executors, administrators, and assigns, from last past, to the full end and term of five years from thence next following, and fully to be complete and ended, at the yearly rent of one pepper-corn, if the same shall be properly demanded; subject nevertheless to a proviso to make void the same, on payment or tender by me, my executors, administrators, or assigns, of the sum of sixpence, to the said A. B., his executors, administrators, or assigns. In witness whereof I have hereunto set my hand and seal this day of

A.D.,

Sealed and delivered in my presence, being first duly stamped.

L. P. (L. s.)

W. W.

[See 2 Chit. Ar. Pr. 771.]

W. W. of

2. Affidavit of executing same.

gentleman, maketh oath and saith, that he was present and did see L. P., of named in the letter of attorney hereunto annexed, duly sign, seal, and deliver the said letter of attorney.

Sworn [&c. see ante, 207.]

[See 2 Chit. Ar. Pr. 772.]

W. W.

3. Lease.

This indenture, made the

- day of - in the year of our Lord 1840, between L. P., of ——,.of the one part, and A. B. of -, gentleman, of the other part, witnesseth, that the said L. P. for and in consideration of the sum of five shillings of lawful money of Great Britain to him in hand paid by the said A. B. at or before the sealing and delivery of these presents, the receipt whereof the said L. P. doth hereby acknowledge, hath demised, granted, and to farm let unto the said A. B., his executors and administrators, all that messuage [&c.] and premises situate in the parish of, in the county of - late in the tenure and occupa

tion of J. J., but now untenanted; to have and to hold the same unto the said A. B., his executors and administrators, from the day of

last past, for and during, and unto the full end and term of five years from thence next ensuing, and fully to be complete and ended; yielding and paying therefore yearly and every year during the said term, unto

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