4. Appearance and Plea. [Same as ante, 371.] 5. Notice of Trial. [Same as ante, 50, except that six clear days' notice will suffice. 6. Issue, by Original, in Q. B. or C. P. [Same as usual in ejectment, as ante, 378, except that it is to be headed with the special title.] 7. The like by Bill, in Q. B. As yet of in the term (the term of which issue is joined), year of the reign of Queen Victoria. the (to wit.) Be it remembered, that on day of (the day next after day of demise in declaration), in the year of the reign of our lady the queen, John Doe brought into the office of the masters of the court of our said lady the queen, before the queen herself, according to the form of the statute in such case made and provided, his certain bill against C. D., being in the custody of the marshal of the marshalsea of our said lady the queen, before the queen herself, of a plea of trespass and ejectment, and filed the said bill in the said office; which Isaid bill was and is entitled on the said in the year aforesaid, and follows in these words, (that is to say,) John Doe complains of C. D., being &c. [as in the usual form. 378.J day of 8. The like, in Exchequer. to wit, See ante [A form may be readily framed from the preceding one, and the usual ejectment form, ante, 379.] 9. Other Proceedings. [The other proceedings are nearly the same as in ordinary cases of ejectment, except as to the title of declaration.] CHAPTER II DISTRESS AND REPLEVIN. SECT. I.-The Distress. SECT. I.-THE DISTRESS. 1. Warrant to Distrain for Rent. To Mr. B. B. my bailiff. I do hereby authorize and require you to distrain the goods and chattels in and upon the dwelling-house [or "farm," or "lands"] and premises of A. B. in the parish of - , in the county of for £, being years' rent due to me for the same, at last; and to proceed thereon for the recovery of the said rent as the law directs. Dated the of A. D. Yours, &c. 2. Inventory of Goods distrained. day of day C. D. in the year An inventory of the [cattle,] goods and chattels distrained by me C. D. [or "B. B. as bailiff to Mr. C. D."] this of our Lord 1840, in the dwelling-house [or "farm," or "lands"] and premises of A. B. situate in the parish of in the county of [if distress made as bailiff, say "by the authority and on the behalf of the said C. D."] for the sum of being - years' rent due to me [or "to the said C. D."] at .last. In the dwelling-house. In the kitchen, one table [&c. setting out the goods fully.] Mr. A. B. 3. Notice of Distress. Take notice, that I have this day distrained [or "that I, as bailiff to Mr. C. D. your landlord, have this day distrained"], on the premises above mentioned, the [cattle,] goods, and chattels specified in the above inventory, for the sum of £ being years' rent due to me [or "to the said C. D."] at · last, for the said premises; and that unless you pay the said rent, with the charges of distraining for the same, within five days from the date hereof, the said [cattle,] goods, and chattels will be appraised and sold, according to law. [If you remove the goods, state the place where they are removed to.] Given under my hand, this day of 1840. Witness W. W. C. D. Mr. A. B. 4. The like, for Arrears of Rent-charge. Take notice, that by the order and on the behalf of C. D. I have this day taken and distrained, in and upon the farm and lands called ——————, in your possession, in the parish of, in the county of ——, all the corn, grain, and effects, in the inventory hereunder written mentioned, for the sum of £, being [one] year's annuity or rent-charge of £- per annum, due to the said C. D. at [Michaelmas] last, and charged on, and issuing and payable out of, certain manors, farms, lands, and premises called -, in the said parish of —, in the county of aforesaid, of which the farm and lands first above mentioned are part and parcel; and that unless the said arrears of the said annuity or rent-charge, together with the expenses of this distress, are paid and satisfied, the said corn, grain, and effects will be disposed of according to law. day of 1840. To Mr. A. B. and all whom it may concern. Dated this 5. The like, for Growing Crops, on 11 Geo. 2, c. 19, s. 8. Mr. A. B. B. B. Take notice, that I have this day taken and distrained, [or "that I, as bailiff to Mr. C. D. your landlord, have taken and distrained,"] on the lands and premises above mentioned, the several growing crops specified in the inventory, for the sum of, being [two] quarters' rent due to me [or "to the said C. D."] at [Michaelmas] last, for the said lands and premises; and unless you previously pay the said rent, with the charges of distraining for the same, I shall proceed to cut, gather, make, cure, carry, and lay up the crops, when ripe, in the barn, or other proper place on the said premises, and in convenient time sell and dispose of the same, towards satisfaction of the said rent, and of the charges of such distress, appraisement, and sale, according to the form of the statute in such case made and provided. Given under my hand, this 1840. day of C. D. 6. Memorandum of Tenant's Consent to Landlord's continuing in Mr. C. D. Possession. 66 I hereby desire you will keep possession of my goods, which you have this day distrained for rent due [or alleged to be due"] from me to you, in the place where they now are, being in the [ room on the floor of the] house, No. Street, in the county of [being the premises where the distress was made,] for the space of days from the date hereof, on your undertaking to delay the sale of the said goods and chattels for that time, to enable me to discharge the said rent: And I will pay the man for keeping the said possession. Witness my hand, this day of —, in the year of our Lord 1840. Witness, W. W. [See 2 Chit. Ar. Pr. 789.] 7. Appraiser's Oath. A. B. You and each of you shall well and truly appraise the goods and chattels mentioned in this inventory, according to the best of your judgment. So help you God. 8. Memorandum thereof. two Memorandum: That on &c. C. D. of -, and E. F. of sworn appraisers, were sworn upon [the Holy Evangelists] by me C. C. of constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their judgment. As witness my hand, Present at the time of swearing, W. W. the said C. D. and E. F., as T. W. 9. The Appraisement. Č. C. constable. We, the above-named C. D. and E. F., being duly sworn upon the Holy Evangelists, by G. H. constable above-named, well and truly to appraise the [cattle,] goods, and chattels mentioned in this inventory, according to the best of our judgment, and having viewed the said goods and chattels, do appraise and value the same at the sum of -. As witness our hands, this day of --, 1840. C. D. E. F. Sworn Appraisers. SECTION II.-REPLEVIN. 1. Writ of Replevin. Victoria, by the grace of God of the united kingdom of Great Britain and Ireland queen, defender of the faith, to the sheriff of -, greeting: We command you, that justly and without delay you cause to be replevied to A. B. his cattle, goods, and chattels, which C. D. hath taken and unjustly detaineth, as he saith; and afterwards cause him to be brought to justice for the same, that we hear no more complaint for want of justice. Witness ourself at Westminster, the day of of our reign. 2. Deputation, to grant Replevin. in the year Know all men by these presents, that I, S. S. esq. high sheriff of the county [or "county palatine"] of do hereby appoint I. K. gent. one of the deputies for making or granting replevins within the said county, pursuant to the statute in that case made and provided; and for so doing this shall be a sufficient warrant and authority. Given under the seal of my office of sheriff, the day of, 1840. 3. Replevin Bond. By the same sheriff. Know all men by these presents, that we, A. B. of --, P. P. of and D. P. of ——, are jointly and severally held and firmly bound to S. S. esq. sheriff of the county of -----, in the sum of ( a sufficient sum to cover the value of the cattle or goods distrained, if taken damage feasant; or for rent, then double the value of the cattle or goods taken, to be ascertained on the oath of one witness), of lawful money of Great Britain, to be paid to the said sheriff, or his certain attorney, executors, administrators, or assigns: for which payment, to be well and truly made, we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated this day of, A. D. 1840. The condition of this obligation is such, that if the above-bounden A. B. do appear at the next county court to be holden for the county of on the day of - next, and do then and there prosecute his suit with effect and without delay, against C. D. for the taking and unjustly detaining of his cattle, goods, and chattels to wit [state the cattle and goods distrained], and do make return of the said cattle, goods, and chattels, if a return thereof shall be adjudged: that then this present obligation shall be void and of none effect, or else to be and remain in full force and virtue. at Know all men by these presents, that I, S. S. esq. sheriff of the county of, have at the request of the within-named C. D., the avowant [or "person making cognizance"] in this cause, assigned over this replevin bond unto him the said C. D. pursuant to the statute in such case made and provided. In witness whereof I have hereunto set my hand and seal of office, [or if late sheriff, say "seal" only,] this day of S.S. (L. s.) 1840. [See 2 Chit. Ar. Pr. 794, 810.] 5. Warrant to replevy. to wit: S. S. esq. sheriff of the county of -, my bailiffs, and to every of them, jointly and severally, greeting: Whereas A. B. hath found me sufficient security, as well for prosecuting his suit with effect against C. C. for taking and unjustly detaining his cattle, goods, and chattels, to wit [&c. set out the cattle and goods,] which the said C. C. hath taken and unjustly detains, as it is said, as also for making return thereof, if return thereof shall be adjudged; therefore on behalf of the said A. B. I command you, and every of you, jointly and severally, that without delay you replevy, and cause to be delivered to the said A. B. his said cattle, goods, and chattels; and that you immediately summon the said C. C. to appear at my next county court, to be holden at -, in and for the said county, to answer the said A. B. in the plea aforesaid; and in what manner you shall have executed this precept, certify to me at my said next county court, to be holden at the time and place aforesaid, under the peril attending the neglect thereof. Given under the seal of my office, this day of A.D. 1840. By the sheriff. [Or if granted by a deputy, say "By one of the deputies of the said sheriff, according to the form of the statute,' "by, one of the replevinors appointed by the said sheriff."] [See 2 Chit. Ar. Pr. 793.] or |