Judgment. N°. VIII. them, according as the faid William Kent by his Writ aforefaid hath fuppofed. Therefore it is confidered, that the faid William Kent do recover his Seifin against the said Richard Allen of the Tenements aforesaid with the Appurtenances, to him and his Heirs, quit of the faid Richard Allen and his Heirs, for ever; and the faid Richard Allen in Mercy, &c. No. IX. N°. IX. No. IX. Proceedings on an Action of Trespass in EJECT- 5.1. The Original Writ. EORGE the fecond by the Grace of God of Si fecerit te fecu» Great Britain, France, and Ireland King, Defen- rum. der of the Faith, and fo forth; to the Sheriff of Berkfhire, Greeting. Richard Smith fhall give you Security of profecuting his Claim, then put by Gage and fafe Pledges William Stiles, late of Newbury, Gentleman, so that he be before Us on the Morrow of All-Souls, wherefoever We fhall then be in England, to fhew wherefore with Force and Arms he entered into one Messuage, with the Appurtenances, in Sutton, which John Rogers, Efquire, hath demised to the aforefaid Richard, for a Term which is not yet expired, and ejected him from his faid Farm, and other Enormities to him did, to the great Damage of the said Richard, and against our Peace. And have you there the Names of the Pledges, and this Writ. Witness Ourself at Westminster, the twelfth Day of October, in the twenty ninth Year of our Reign. Pledges of Profecution, Richard Roe. The within named William Stiles John Den. Richard Fen. §. 2. Copy of the Declaration against the cafual Ejector; who gives Notice thereupon to the Tenant in Poffeffion. Michaelmas, the 29th of King George the fecond. Sheriff's Return, Berks, William Stiles, late of Newbury in the faid Declaration. to wit. County, Gentleman, was attached to answer to Richard Smith, of a Plea, wherefore with Force and Arms he entered into one Meffuage, with the Appurtenances, in Sutton in the County aforefaid, which John Rogers Efquire N 3 demifed No. IX. demised to the said Richard Smith for a Term which is not yet expired, and ejected him from his faid Farm, and other Wrongs to him did, to the great Damage of the faid Richard, and against the Peace of the Lord the King, &c, And whereupon the faid Richard by Robert Martin his Attorney complains, that whereas the faid John Rogers on the firft Day of October in the twenty ninth Year of the Reign of the Lord the King that now is, at Sutton aforefaid, had demised to the same Richard the Tenement aforefaid, with the Appurtenances, to have and to hold the said Tenement, with the Appurtenances, to the said Richard and his Affigns, from the Feast of Saint Michael the Archangel then laft paft, to the End and Term of five Years from thence next following and fully to be complete and ended, by virtue of which Demise the said Richard entered into the faid Tenement, with the Appurtenances, and was thereof poffeffed; and, the said Richard being so poffeffed thereof, the faid William afterwards, that is to say, on the said first Day of October in the faid twenty ninth Year, with Force and Arms, that is to fay, with Swords, Staves, and Knives, entered into the said Tenement, with the Appurtenances, which the faid John Rogers demised to the faid Richard in Form aforefaid for the Term aforefaid which is not yet expired, and ejected the said Richard out of his faid Farm, and other Wrongs to him did, to the great Damage of the faid Richard, and against the Peace of the faid Lord the King; whereby the faid Richard faith that he is injured and damaged to the Value of twenty Pounds; And thereupon he brings Suit, &c. Martin, for the Plaintiff. Pledges of John Doe. Notice. Mr George Saunders; I am informed that you are in Poffeffion of, or claim Title to, the Premises mentioned in this Declaration of Ejectment, or to fome Part thereof; and I, being fued in this Action as a cafual Ejector, and having no Claim or Title to the fame, do advise you to appear next Hilary Term in his Majefty's Court of King's Bench at Weftminfter, by fome Attorney of that Court, and then and there, by a Rule to be made of the fame Court, to caufe yourself to be made Defendant in my Stead; otherwise I fhall fuffer fuffer Judgment to be entered against me, and you will be turned out of Poffeffion. No. IX. Your loving Friend, 5 January, 1756. William Stiles. §. 3. The Rule of Court. Hilary Term, in the twenty ninth Year of King } GEORGE the fecond. Berks, at is ordered by the Court, by the Affent Smith against to wit. of both Parties, and their Attorneys, that Stiles; for one Meffuage, with George Saunders, Gentleman, may be made Defendant, the Appurtenan in the place of the now Defendant William Stiles, and ces, in Sutton, fhall immediately appear to the Plaintiff's Action, and on the Demife of fhall receive a Declaration in a Plea of Trefpafs and Eject- John Rogers. ment of the Tenements in queftion, and fhall immediately plead thereto, Not Guilty: And, upon the Trial of the iffue, fhall confefs Leafe, Entry, and Oufter, and infift upon his Title only. And if, upon Trial of the Iffue, the faid George do not confefs Leafe, Entry, and Oufter, and by reason thereof the Plaintiff cannot profecute his Writ, then the Taxation of Cofts upon fuch Nonprof. fhall ceafe, and the faid George fhall pay fuch Cofts to the Plaintiff, as by the Court of our Lord the King here fhall be taxed and adjudged for fuch his Default in Nonperformance of this Rule; and Judgment fhall be entered against the faid William Stiles, now the casual Ejector, by Default. And it is further ordered, that, if upon the Trial of the faid iffue a Verdict shall be given for the Defendant, or if the Plaintiff shall not prosecute his Writ, upon any other Caufe, than for the not confeffing Leafe, Entry, and Oufter as aforefaid, then the Leffor of the Plaintiff fhall pay Cofts, if the Plaintiff himself do:h not pay them, Martin, for the Plaintiff. By the Court. f.4. The No. IX. Declaration, or Defence, $.4. The Record. leas before the Lord the King at Westminster, of the Term of Saint Hilary, in the twenty ninth Year of the Reign of the Lord GEORGE the fecond by the Grace of God of Great Britain, France, aud Ireland King, Defender of the Faith, &c. Berks, George Saunders, late of Sutton in the Counto wit.ty atorefaid, Gentleman, was attached to anfwer Richard Smith, of a Plea, wherefore with Force and Arms he entered into one Meffuage, with the Appurtenances, in Sutton, which John Rogers, Efquire, hath demised to the faid Richard for a Term which is not yet expired, and ejected him from his faid Farm, and other Wrongs to him did, to the great Damage of the faid Richard, and against the Peace of the Lord the King that now is. and whereupon the faid Richard by Robert Martin his Attorney complains, that whereas the faid John Rogers on the firft Day of October in the twenty ninth Year of the Reign of the lord the King that now is, at Sutton aforefaid, had demifed to the fame Richard the Tenement aforefaid, with the Appurtenances, to have and to hold the faid Tenement, with the Appurtenances, to the faid Richard and his Affigns, from the Feast of Saint Michael the Archangel then laft paft, to the End and Term of five Years from thence next following and fully to be complete and ended; by virtue of which Demife the faid Richard entered into the aid Tenement, with the Appurtenances, and was thereof poffeffed: and, the faid Richard being fo poffeffed thereof, the faid George afterwards, that is to fay, on the first Day of October in the said twenty ninth Year, with Force and Arms, that is to say, with Swords, Staves, and Knives, entered into the faid Tenement, with the Appurtenances, which the said John Rogers demifed to the faid Richard in Form aforefaid for the Term aforefaid which is not yet expired, and ejected the faid Richard out of his faid Farm, and other Wrongs to him did, to the great Damage of the said Richard, and against the Peace of the faid Lord the King; whereby the faid Richard faith that he is injured and endamaged to the Value of twenty Pounds: And thereupon he brings Suit, [and good Proot.] and the aforefaid George Saunders, by Charles |