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ment of the same court, recovered against Joseph Styles his term yet to come of and in [four messuages, four gardens, and four acres of land, as in the declaration,] with the appurtenances, situate in the parish of in your bailiwick, which John. Nokes had, on, [the day of the demise in the declaration] demised to the said John Doe, for a term which is not yet expired, to hold the same from [the day before the date of the demise] to the full end and term of five years from thence next following, 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 was thereof possessed, until the said Joseph Styles afterwards on [the day of the ouster, as laid in the declaration], with force and arms, &c. entered into the said tenements with the appurtenances, which the said John Nokes had so demised to the said John Doe for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm; whereof the said Joseph Styles is convicted, as appears to us of record. Therefore we command you that without delay you cause the said John Doe to have 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 wheresoever we shall then be in England, or in C.B. to our justices at Westminster, on -"] and have you there then this writ. Witness, at Westminster, the

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When this writ is sued out upon a judgment against the casual ejector, substitute the name "Richard Roe," for "Joseph Styles," where it occurs. So if a moiety only be recovered, the necessary alterations in the above form may be made from the judgment.

Proceedings in ejectment, on a vacant possession.

1. Letter of attorney, to enter, &c.

Know all men by these presents, that I, John Nokes, ofgentleman, have made, ordained, constituted, and appointed and by these presents do make, ordain, constitute, and appoint, James Wells, of, gentlemen, to be my true and lawful attorney, for me and in my name, to enter into and take possession of a certain messuage, late in the tenure and occupation of J. L. situate in the parish of —, in the county of [York], but now untenanted; and after the said James Wells 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 Samuel Wells of -, gentleman, to have and to hold the same to the said Samuel Wells, his exe

eutors, administrators, and assigns, from [the 25th day of March] 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 six pence, to the said Samuel Wells his executors, administrators, or assigns. In witness whereof I have hereunto set my hand and seal, this day

of

A. D. 1844,

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

John Nokes (L.S.)

A. B.

[Ante, p. 172.]

2. Lease.

day of

This indenture, made the

in the year of our Lord 18—, between John Nokes of gentleman, of the one part, and Samuel Wells, of —, gentleman, of the other part, witnesseth, that the said John Nokes, for and in consideration of the sum of five shillings, of lawful money of Great Britain, to him in hand paid by the said Samuel Wells at or before the sealing and delivery of these presents, the receipt whereof the said John Nokes doth hereby acknowledge, hath demised, granted, and to farm let, and by these presents doth demise, grant, and to farm let, unto the said Samuel Wells, his executors, administrators, and assigns, all that [messuage, yard, garden, out-offices, and premises] with the appurtenances, situate and being in --, in the county of [York,] late in the possession and occupation of J. L., but now untenanted; to have and to hold the said [messuage, yard, garden, out-offices and premises,] with the appurtenances, from the [as in the power of attorney] last past, for and during, and to the full end and term of five years from thence next following, and fully to be complete and ended, yielding and paying therefore, yearly and every year, during the said term, to the said John Nokes, his executors, administrators, or assigns, the rent of one pepper corn, on the in each and every year, if the same shall lawfully be demanded. Provided always that if the said John Nokes, his executors, administrators, or assigns, shall at any time hereafter tender or pay, or cause to be tendered or paid, unto the said Samuel Wells, his executors, administrators, or assigns, the sum of sixpence, that then this indenture shall be void, and of no effect, any thing herein contained to the contrary in any wise notwithstanding. In witness whereof the parties hereto have interchangeably set their hands and seals, the day and year first above written.

(by power of attorney in this behalf.)

Sealed and delivered as the act and deed] For John Nokes, of John Nokes, by James Wells, of gentleman, by virtue of a letter of attorney, to him for that purpose made by the said John Nokes, bearing date the instant, (being first duly stamped,)

in the presence of

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day of

A. B.

[Ante, p. 172.]

Jas. Wells (L.S.)
Sm. Wells (L.S.)

3. Declaration upon a single demise.

In the Queen's Bench, or Common Pleas.

The

day of - A.D. 1844.

Yorkshire to wit:-, late of —, yeoman, was attached to answer [lessee,] of a plea, wherefore with force and arms, &c. he entered into [four messuages, four gardens, and four acres of land] with the appurtenances, situate in the parish of, in the county aforesaid, which

had demised

to the said for a term which is not yet expired, and ejected him from his said farm, and other wrongs to him there did; to the great damage of the said

the said

and against the peace of our lady the Queen, &c. And thereupon by A. B. his attorney, complains, that whereas the said -on [some day after the lessor's title or right of entry accrued] in the sixth year of the reign of our sovereign lady Queen Victoria, in the parish aforesaid in the county aforesaid, had demised to the said the tenements aforesaid with the appurtenances, to have and to hold the same to the said and his assigns, from [the day before the date of the demise above mentioned,] in the same year aforesaid, to the full end and term of five years from thence next following, and fully to be complete and ended; by virtue of which said demise the said entered into the said tenements with the appurtenances, and was thereof possessed, for the term so thereof granted as aforesaid. And the said being so possessed thereof, the said afterwards, to wit, on [some day after the date of the above demise] in the year last aforesaid, with force and arms, &c. entered into the said tenements with the appurtenances, which the said had so demised to the said for the term aforesaid,

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which is not yet expired, and ejected the said

from his said farm, and other wrongs to him then and there did, to the great damage of the said and against the peace of our saith that he is injured and hath sustained damage to the value of twenty pounds; and therefore he brings his suit, &c.

said lady the Queen. Wherefore the said

"Mr.

Take notice that unless you appear within the term, in Her Majesty's court

first four days of the next

of

tiff

at Westminster, at the suit of the above named plainand plead to his declaration in ejectment, judgment will thereupon be entered against you by default. Your's, &c. A. B., plaintiff's attorney."

Ejectment by landlord against tenant.

Notice at the foot of the declaration.

Mr. Joseph Styles [the tenant.]

Take notice that you are hereby required to appear in Her Majesty's court of at Westminster, on the first day of next

term, then and there to be made defendant in this action of ejectment, and then and there to enter into a recognizance by yourself and two sufficient sureties, in such sum as to the said court shall seem reasonable, conditioned to pay the costs and damages which shall be recovered in this action, if the Court shall so order.

Your's &c.,

John Nokes [landlord.]

[Ante, p. 172.]

Affidavit for rule for bail.

In the [Queen's Bench.]

Between John Doe on the demise of John Nokes, Plaintiff,

and

Richard Roe, Defendant.

John Nokes of -, gentleman, the lessor of the plaintiff above named, and A. B. of —, gentleman, attorney for the said lessor of the plaintiff, and J. B. clerk to the said A. B., severally make oath and say: And first this deponent John Nokes for himself saith, that this action is brought for the recovery of a [dwelling house, outhouses, farm, and premises with the appurtenances,] situate in the parish of -- in the county of --, formerly held and occupied by Joseph Styles, as tenant thereof to this deponent, under and by virtue of a certain indenture of lease, hereunto annexed, for a certain term which expired on the day of last; and that the said Joseph Styles has been possessed of and enjoyed the said [dwelling house, outhouses, farm, and premises, with the appurtenances] under and by virtue of the said lease, from the commencement of the term therein mentioned, until the expiration thereof as aforesaid, and hath continued from thence hitherto to hold and occupy, and still doth hold and occupy the same. [or if he underlet the premises, and the undertenant be in possession of them, state it accordingly.] And this other deponent A. B. for himself saith, that on or about the day of in the year of our Lord 18, this deponent was present and did see the said Joseph Styles duly sign, seal, deliver and execute

the lease hereunto annexed, and that the name Joseph Styles thereunto subscribed as party thereto, is of the handwriting of the said Joseph Styles, and that the name A. B. thereunto subscribed as witness of the execution thereof, is of the proper handwriting of this deponent. And this other deponent J. B. for himself saith, that he did, on the instant, serve the said Joseph Styles with a demand in writing of the possession of the premises in question, by leaving the same for him with a servant of the said Joseph Styles at his dwelling house and usual place of abode situate in

day of

; which said demand was directed to Mr. Joseph Styles, and was in words and terms following: "Sir, I hereby" [$c. as in the written demand,] and signed "James Nokes." And this deponent John Nokes further saith, that he caused the said Joseph Styles to be served with the said demand in writing as aforesaid, in order that he this deponent might obtain possession of the premises aforesaid; but although this deponent hath since made several applications to the said Joseph Styles for possession of the same, yet the said premises have not nor hath any part thereof been delivered up to this deponent or to any person on his behalf. And this deponent J. B. further saith that he did on" [&c. stating a service of the declaration and notice, as in the form ante, p. 343 to the end.

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Middlesex to wit: Re. Fa. Lo. for [John Nokes or Joseph Styles] of a plaint between Joseph Styles and John Nokes, for taking and unjustly detaining the [cattle] goods and chattels of the said Joseph Styles. [Returnable before our lady the Queen or in C. B. " Returnable before her Majesty's

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To be written on plain paper, and left with the cursitor.

Writ of recordari facias loquelam, for plaintiff.

Victoria, &c., to the sheriff of [Middlesex] greeting: We command you that, in your full county court, you cause the plaint to be recorded, which is in the same county, without our

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