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ing. In witness whereof the parties hereto have interchangeably set their hands and seals the day and year first above written.

Sealed and delivered as the acty and deed of W. A., by R. S., of

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gentleman, by virtue of a letter of attorney to him for that purpose made by the said W. A.,

bearing date the day of

instant, (being first dulystamped,) in presence of

A. B.

Declaration.

W. A. (L. s.)

W. B. (L. s.)

1

[Same as the first form in sect. 26, except that instead of "John Doe," you insert the same of the real lessee "W. B.," and instead of "Richard Roe," you insert the name of the person who has ejected the plaintiff, whom we will call "W.C. ;" and instead of the usual notice by the casual ejector, insert a notice to appear and plead, in this form :]

Mr. W. C.

Take notice, that unless you appear within the first eight days of the next term, in her Majesty's Court of Queen's Bench [C. P. or Exch. of Pleas] at Westminster, at the suit of the abovenamed plaintiff W. B., and plead to this declaration in ejectment, judgment will thereupon be entered against you by default. Yours, &c.

A. B., plaintiff's attorney.

Affidavit for Rule of Judgment.

In the Q. B. [or Exch. of Pleas.] (a).

Between W. B., on the demise of W. A., Plaintiff,

W. C.

and

Defendant.

(a) In the Common Pleas no affidavit is necessary.

A. B. of gentleman, attorney for the abovenamed plaintiff, maketh oath and saith, that on he this deponent was present and did see the letter of attorney hereunto annexed duly signed, sealed, delivered and executed by W. A., of

and that the name W. A., thereunto subscribed, is of the hand-writing of the said W. A., and the name A. B. thereunto subscribed as witness thereof, is of the hand-writing of this deponent. And this deponent further saith, that afterwards, on he this deponent was present and did see R. S., in the said letter of attorney named, enter into and take possession of the messuage and premises in the said letter of attorney mentioned, by getting upon the threshold of the outer door thereof, and putting his finger into the keyhole of the said door, the said door being locked or otherwise fastened, so that no other or better entry could be made upon the said premises, or possession taken thereof, without force; and that the said R. S., after he had so entered upon the said messuage and premises, and taken possession thereof as aforesaid, and whilst he stood upon the threshold of the said door as aforesaid, did duly sign, seal, deliver and execute the indenture of lease hereunto annexed, of the messuage and premises aforesaid, for and in the name of the said W. A., unto W. B., in the said letter of attorney and indenture of lease mentioned, by virtue of and pursuant to the letter of attorney aforesaid; and that immediately after the said execution of the said indenture of lease as aforesaid, the said W. B. entered upon and took possession of the messuage and premises aforesaid, by getting upon the said threshold of the outer door thereof, and putting his finger into the keyhole of the said door, the said door being then locked or otherwise fastened as aforesaid. And this deponent further saith, that after the said W. B. had so entered into the messuage and premises aforesaid, and became possessed thereof as aforesaid, and whilst he stood upon the said threshold of the outer door

thereof as aforesaid, W. C., the above-named defendant, immediately came and put his foot upon the said threshold, and removed the said W. B. from the same; and that this deponent did thereupon immediately deliver unto the said W. C. a true copy of the declaration and of the notice thereunder written, hereunto annexed. And this deponent further saith, that at the said several times when the said R. S. entered the messuage and premises aforesaid, and executed a lease thereof to the said W. B. as aforesaid, and when the said W. B. entered into the same, and was ousted therefrom by the said W. C. as aforesaid, and when the said copy of the said declaration and notice was so delivered to the said W. C. by this deponent as aforesaid, the said messuage and premises were (as this deponent was informed and verily believes) uninhabited and untenanted, and the possession thereof vacant.

Sworn, &c. (ante, p. 226.)

(Vide p. 154.)

A. B.

SECTION 38.

Affidavit of Service of the Consent Rule and Allocatur, and of Demand of Costs.

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

Between John Doe, on the demise of A. B., Plaintiff,

Richard Roe,

,

and

Defendant.

A. B. of the above-named lessor of the plaintiff, maketh oath and saith, that he did, on the day of instant, personally serve John Brown, in the annexed rule named, with a true copy of the rule and the Master's allocatur thereon, hereunto annexed, and at the same time showed him the said original rule and allocatur; and that this deponent then demanded of him the said J. Brown, the costs

allowed by the Master upon the said rule; but that the said John Brown did not then, or at any time since, pay the same to this deponent, or to any person on his behalf, and that the same now remain due and unpaid to this deponent.

Sworn, &c. (ante, p. 226.)

A. B.

Affidavit if Costs payable by Lessor of Plaintiff. (Title as before.)

John Brown, of in the county of

,

day of

,

maketh oath and saith, that he is the person named in the rule hereunto annexed; that he this deponent did, on the instant, personally serve A. B. (in the said rule also named), the lessor of the plaintiff in this cause, with a true copy of the said rule, and of the Master's allocatur thereon, and at the same time showed, &c. [as in last form.]

(Vide p. 167.)

SECTION 39.

Common Bail-piece on Habeas Corpus.

In the Queen's Bench.

term in the
of King William the Fourth.

year of the reign

-shire, to wit.

E. F. Defendant's agent.

C. D. is delivered to bail on a habeas corpus to John Doe, of London, yeoman, and Richard Roe, of the same place, yeoman, at the suit of A. B.

Notice of Common Bail being filed.

In the Queen's Bench.

Between A. B. plaintiff, and C. D. defendant. Take notice, that the common bail-piece upon the

writ of habeas corpus in this cause has been duly filed at the chambers of the Lord Chief Justice of this Court, in Serjeant's Inn, Chancery Lane, London. Dated the

To Mr. G. H.

the plaintiff's
attorney.

18

day of

Yours, &c. E. F.
defendant's agent,

Street, London.

(Vide p. 184.)

SECTION 40.

Affidavit to obtain a Certiorari, for the purpose of having Execution upon a Judgment of an inferior Court.

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

last

A. B. of , gentleman, attorney for J. N. in a certain suit hereinafter mentioned, and W. R. of , [serjeant at mace, &c. describing his office,] severally make oath and say: and first this deponent A. B. for himself saith, that on or about past, a certain suit was commenced by the said J. N. against F. R. in [stating the title of the Court] (the same being a Court of Record), for the amount of goods, wares, and merchandize before that time sold and delivered by the said J. N. to the said F. R., and at his request [or as the cause of action may be]; and such proceedings were had in the said suit, that afterwards, on last past, final judgment was given for the said J. N. against the said F. R., for £ , [describing the judgment,] which is still in force and unsatisfied: and this deponent further saith, that he thereupon sued out a certain [attachment] against the person of the said F. R., and also a certain [warrant] against his goods and chattels, founded on the said judgment, and for the purposes of having execution thereof, and delivered the same to the other deponent W. R. to execute. And this other deponent W. R. for himself saith, that upon the said [attach

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