no land be extended, he is entitled to poundage on the value set upon them by the jury at the same rate as on the amount levied under a fi. fa. If lands have been extended, but no goods, delivered, the poundage is then calculated at the same rate on the annual value of the land: if goods be delivered, and lands also extended, the poundage is to be calculated at the same rate on a sum made up, by adding together the value set upon the goods and one year's value of the land,

If a sheriff have levied on a fi. fa, and have the money in his hands, and will not pay it over, the agent should be instructed to rule him to return the writ; if he do not return it within eight days from the service of the rule, an attachment against him must be moved for: this can only be done in term time if he return to the writ, that he has the money, it should be demanded of him; and if he refuse or neglect to pay it, an action may be brought against him to recover it. Sometimes a sheriff, after having seized goods, will delay selling them, and on being ruled to return the writ, will return that the goods remain in his hands unsold for want of buyers; in such a case the agent should be instructed to issue and lodge a writ of venditioni exponas, under which the sheriff must sell the goods.

When it becomes necessary to compel a sheriff to return any writ of capias, distringas (to compel an appearance), fi. fa., ca. sa., or elegit (b), which has been delivered to him to be executed, a Rule of Court, or a judge's order, must be obtained by the London agent and served on the sheriff's London deputy (it may indeed be served on the undersheriff in the country, but it is always a loss of time, and, in general, a useless expense to do so). The

(b) The statute 2 Will. IV. c. 39, s. 15, which gives a Judge power to make orders for the return of writs, extends only to the above writs; the return of other writs must always be compelled by Rule of Court.

rule or order can now always be obtained by the agent as a matter of course, and without making any affidavit.

The statute 1 & 2 Vict. c. 110, in sections 14 and 15, prescribes a method of obtaining satisfaction of a judgment out of any stock or shares the defendant may be possessed of; section 13 makes the judgment operate as a charge on real estate; section 18 makes decrees and orders of Courts of Equity to have the effect of judgments, and section 19 requires such judgments, decrees, &c., to be registered in a particular manner; and section 16 enacts, that where a creditor has obtained any charge or become entitled or must to any security under the act, he must relinquish these if he afterwards takes the debtor in execution.

These provisions are further rther extended by the 3 & 4 Vict. c. 82, s. 1, to other descriptions of proto the stat. perty. It is, however, unnecessary to enlarge on these matters here, as they do not strictly come within the object of this work, and and this short notice will be sufficient to draw the attention of the practitioner to them.

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Considerations before bringing Ejectment-Who to be Lessor of Plaintiff when several Lessors-When Interest joint 10 when Interest several On what day to lay the Demise Entitling Declaration-Notice to appear to whom directed 991 On whom Declaration to be served-When to be servedHow to be served-Proceedings after service-Cognovit in Ejectment-Warrant of Attorney to confess Judgment in Ejectment.

WHEN an ejectment is to be brought, it is necessary to consider,

I. Who must be the lessor of the plaintiff.

2. On what day to lay the demise.

3. On whom to serve the declaration in ejectment. 4. When to serve it.

5. How to serve it.

As the London agent usually hears nothing of an ejectment till it has been served, all these subjects are for the consideration of the country attorney; and,

1. The lessor of the plaintiff must be the person who has the legal estate in the property sought to be recovered; or if the legal estate be in more than one, the demise must be by them all; or, in other words, the demise must be by the person or persons who, if he or they were in the possession of the premises, would have a legal title to make a valid lease

of them; for on the trial of an ejectment, the defendant (by the consent rule) must admit that the lessor of the plaintiff, at the time mentioned in the declaration, did make a lease of them: and then the only question to be tried is, whether he at that time had the legal title to enable him to make that lease.

If it be doubtful in which of two or more parties the legal estate is vested, there should be more than one demise stated in the declaration; there should be a demise by each person, or set of persons, in whom it is conceived the legal estate may be vested; and where the legal interest is in more than one person, if it be a joint interest, as where there are joint tenants, or coparceners, the demise should be stated to be by them jointly; but where their interest is several, as where they are tenants in common, there must be separate demises stated by each; and where there is a doubt whether their interest be joint or several, it is usual to state a joint demise by all, and also a separate demise by each; and then, whether it turn out that their interest is of one kind or the other, there will be a demise applicable to it.

2. From what has been already stated, it will be -seen that the day on which the demise is laid is important. And this may be on any day after the right of entry of the lessor of the plaintiff accrued; for instance, if it be a case between landlord and tenant, and the tenancy expired at Lady-day, the demise must be stated to have been on some day subsequent to the 25th of March; and in every case this day must be laid at a time after the right to bring the ejectment arose.

These matters having been considered and decided on, the declaration in ejectment must be drawn. Forms of the Declaration are given in the Appendix, sect. 26. The first is applicable where there is to be only one demise stated; the second, where there are two demises; and if there be more than two, the attorney will easily see how to add them. The term to be mentioned in entitling the

declaration, is the term immediately preceding that in which it is intended to move for judgment in the ejectment; and the name or names to be prefixed to the notice will be the name or names of the tenant or tenants in possession of the premises sought to be recovered, and on whom it is intended to serve the ejectment, as will be immediately explained. The term mentioned in the notice is that in which it is intended to move for judgment in the ejectment, and no date is necessary to the notice, and it is therefore better not to put any, as it sometimes leads to mistakes.

3. The notice at the foot of the declaration must be addressed to, and the ejectment must be served on, the tenant in possession of the premises; or if they be in the possession of more than one tenant, the notice must be addressed to, and a copy of the ejectment served on, each of the tenants. For if either of them be omitted, that part of the property in his possession cannot be recovered in that action. And it must be particularly observed, that the service must be on the tenant in possession; for service on a person who is in possession, but not as a tenant, is insufficient: and here the word "tenant" is to be understood as well in its larger legal sense, as in the sense in which it is ordinarily understood when speaking of landlord and tenant.

4. The declaration and notice being ready, the next consideration is, when it must be served; and (except in one case, which will be treated of in the next Chapter) it must be served before the commencement of the term in which it is intended to move for judgment. Formerly it was necessary to serve it before the essoign day, which was three days before the term commenced; but now it may be served as late as the very day before the term com

mences.

5. It will be seen from the form of the affidavit of service of the ejectment, that the person who serves