In ejectment on re-entry under stat. 4 Geo. 2, c. 28, 535. In ejectment on vacant possession, 546. Time of service, 556. Place of service, 556. Must be on tenant in possession, 556. On several tenants, 556. On one of several jointenants, 557. On churchwardens, 557. Where tenant is abroad, how served, 557. Where tenant absconds, 557, 558. Where tenant is not to be found, and there is no one on the premises, 558. Where tenant is confined by illness, 558. Where tenant is dead, 559. Where tenant refuses to accept declaration, 559. On wife or other agent, 560. On servant or relation, 560. On attorney, 561. On clerk of public body, 561. On manager appointed by the Court of Chancery, 561. Affidavit of service of declaration. By whom to be made, 561. How entitled, 562. Jurat, 562. What it must state, 562. Reading over of the notice, 562. Time of the service, 562. Place of the service, 562. Upon whom, 562. Tenant in possession, 562. Several tenants of different parts of the premises, 563. One of several jointenants, 563. Where tenant is abroad, 563. Where tenant has absconded, 563. Where tenant is not to be found, and there is no one on the premises, 563. On wife, 563, 364. In case of proceeding on stat. 4 G. 2, c. 28, 564. In case of vacant possession, 564, 565. In K. B. no supplemental affidavit allowed, 565. JUDGMENT AGAINST THE CASUAL EJECTOR. Motion for judgment, when of course and when special, 565. EJECTMENT, (continued). Distinction between perfect and imperfect service of declaration, 565. Upon whom granted, 566. Time of moving for, 566. When one or several rules, 566. Time of appearance, 567. Must be drawn up and taken away within two days after the end of term, 567. to 571. How signed, 571. No rule to plead necessary, 571. Common bail filed in King's Bench by bill, 571. But no appearance in ejectment by original in K. B. or in C. P. 571. No bill of Middlesex or latitat necessary, 571. Not until after noon of next day after expiration of rule, 571. Irregular, set aside with costs, 571. Regular, set aside on affidavit of merits and payment of costs, 572. Where landlord alone appears and enters into consent rule, 578. Time of signing, 604. In cases between landlord and tenant under stat. 1 Geo. 4, c. 87, 597, 598. Time of appearal 67. Mode of appearance, 572, 573. Terms of consent rule, 573, 574. How landlord is made defendant, 574, 575, 576. Not guilty, the only plea in modern practice, 579. Within what time, and how pleaded, 579. Issue how made up, 580. EVIDENCE. In general for the lessor of the plaintiff, 580, Title, in general, what must be proved, 581. Lessor of plaintiff within the saving of the stat. of limitations, 581. Tenant's possession now admitted by consent rule, 582. Situation of the premises as stated, 582. Ouster, when not admitted by consent rule, 582. Who are competent witnesses, 583. TITLE OF PARTICULAR PERSONS. Landlord. Need not give evidence of his title, 583. Even against third person improperly let in to defend as landlord, 583. Payment of rent, 583, 584. Tenant may prove landlord's title expired, 584. Evidence where tenancy expires by efflux of time, 584. Evidence where it is determined by notice to quit, 584. How notice is proved, 585. Requisites of the notice, 585. When given by agent, his authority must be shewn, 585. Evidence where tenancy is determined by forfeiture, 586. Under stat. 4 Geo. 2, c. 28, 586, 587. For breach of covenants in a lease, 587. Where particular of breaches has been given, 587. Evidence in defence, 587. Heir at law. What evidence necessary in general, 587. EJECTMENT, (continued). Seisin of ancestor, 587. Descent to lessor of plaintiff, 588. Births, marriages, and deaths, how proved, 588, 589. Devisee of freehold interest. What evidence necessary in general, 590. Statute of frauds, 590. What witnesses competent, 591. Will must be produced, 591. What witnesses must be called to prove it, 591. What sufficient execution, 591. Not sealing merely, 591. Where the will is written on several sheets, 591. Where the testator is blind, 591. Witnesses need not see testator actually sign, 591. Attestation, what sufficient, 591. Proof where witnesses are dead, insane, or abroad, 591. Evidence for defendant. Will a forgery or testator incapable, 592, 593. Devisee of leasehold interest. Execution of the lease and derivative title, 593. Probate of the will, 594. Assent of executor, 594. Devisee of copyhold premises. Admittance of testator, 594. The will, and in cases not within stat. 55 Geo. 3, c. 192, a surrender to the use of the Devisee's admittance, 594. Not necessary where he is devisee in remainder, and devisee for life has been ad- Mortgagee. Against mortgagor proof of execution of mortgage only, 594. Quare demand of possession, 594, note (i). Against third person, proof of title, 594. Against tenant from year to year of mortgagor before mortgage, notice to quit, 594. Parson. Presentation, institution, and induction, how proved, 595. Need not prove that he has taken the oaths, or declared his assent to book of common Some evidence that property is church property, 595. Person claining under an execution. Elegit, inquisition, and return, 596. Examined copy of judgment-roll, proof of, 596. Sheriff's return must state that he has set out a moiety by metes and bounds, 596. Against third person debtor's title must be proved, 596. Proof of judgment necessary by plaintiff, who has taken assignment from sheriff under Connsee of statute merchant, or staple, 596. Guardian, 597. THE TRIAL. Where defendant refuses to appear or to confess, nonsuit, and cause thereof, indorsed on Where there are several defendants, same proceedings as to those who refuse, and verdict In cases between landlord and tenant by stat. 1 Geo. 4, c. 87, 597. Verdict against defendant who neglects to appear, 598. And jury shall find the mesne profits, 598. Judge may order judgment to be stayed, 598. Trial at bar when granted, 599, 600. At what time rule should be applied for, 600. When counsel for defendant shall begin and have reply, 600. EJECTMENT, (continued.) Verdict taken according to the title, 600). Cures a title defectively set out, 600. How cured when taken for messuage and tenement, 601. New trial may be had, 601. JUDGMENT. (See above, as to judgment against casual ejector.) No bar in subsequent ejectment, 601. Intendment in support of, 601, 602. For part of the premises demanded, 603. Form of, after death of sole defendant, 605. Where several defendants make joint defence, and one of them dies, 603. In ejectment against baron and feme, where baron dies after judgment, 604. Time of signing after nonsuit for defendant's not confessing, 604. Of term preceding trial under stat. 1 Geo. 4, c. 87, between landlords and tenants, 604. For the plaintiff. On judgment by default against casual ejector, 604. When defendant refuses to confess at trial, 604. Each defendant answerable for the whole costs, 605. Where lessor dies before the commission-day, and plaintiff is nonsuited for defendant's not Aliter where costs had been taxed, 605. On judgment after verdict, 605. Fi. fa. for, inoperative against feme-sole, who married before trial, 605. Against landlord who has a verdict against him, 605. For the defendant. On verdict against, or nonsuit of plaintiff, (except for not confessing,) 605, 606. Where one of several defendants is acquitted, 606. Where lessor of plaintiff dies before payment of costs, 607. Where baron and feme are lessors, 607. Where an infant is lessor, 607. May be paid to one of several defendants, 607. Hab. fac. may be issued without waiting to tax costs, 607. Double costs under stat. 1 Geo. 4, c. 87, 607. Staying proceedings till security given for, 614. EXECUTION. By hab. fac. pos. for the land, and fi. fa. or ca. sa. for costs, 607, 608. Lessor of plaintiff may execute judgment by entry, 608. Cannot be had against casual ejector after nonsuit for landlord's not confessing without appli- Cannot be had if lessor has lost his right of possession, 608. Form of the writ, 608. Mode of executing it, 609. Sheriff may break open the door, 609. Where there are several tenements, 609. What is a complete execution. 609. Of so many acres must be according to the estimation of the county, 609. Where a highway is recovered, 609. When too much is given, the court on motion will order it to be restored, 610. In what cases a new hab. fac. pos. may be had, 610, 611. Scire facias necessary after year and day, 611. Against terre-tenants as well as defendant, 611. On death of a party, 611. Hab. fac. pos. may be executed, though defendant die after it has issued, 612. Caunot be brought in name of casual ejector, 612. But may be brought where landlord defends alone, and there is a verdict against him, 612. But the writ of error should be shewn as cause against the rule for taking out execution Bail in, stat. 16 and 17 Car. 2, c. 8, and see stat. 6 Geo. 4, c. 96, 612. Recognisance, in what amount taken, 612, 613. Will not operate as a supersedeas where hab. fac. has been issued before costs taxed, 613. Lessor of plaintiff may enter notwithstanding, 613. EJECTMENT, (continued.) Recognisance under stat. 1 Geo. 4 c. 87, in cases between landlord and tenant discharged on STAYING PROCEEDINGS. Until particulars are delivered, 614. Until security is given for costs, 614. When lessor is an infant, abroad or dead, 614. When his attorney refuses to give account of lessor's residence, 614. Poverty of lessor not sufficient ground, 615. Until costs of former ejectment paid, 615. In all cases where the second ejectment is in substance brought to try the same title, 615. The rule not inflexible, 615, 616. At what time rule should be moved for, 616. Where two ejectments are depending at same time, 616. When several ejectments for the same premises in different courts, 616. When in the same court, 616. Fresh ejectment brought pending writ of error, 617. At instance of mortgagor. Stat. 7 Geo. 2, c. 20, 617. Mortgagor must become tenant, 618. Let in to defend after judgment, 618. Not where he has agreed to convey equity of redemption, 619. PERPETUAL INJUNCTIONS IN EQUITY, when granted, 619, 620. ELECTION of proper writ in bringing a real action, 4. ELEGIT. Tenant by. May have assise, 8, 64. Not liable for waste, 113. Ejectment by, 511. Evidence in, 596. On judgment in replevin, 649, 650, 651. ELOPEMENT, plea of, in dower, 221. ENCROACHMENT. Possession of land gained by for twenty years, when a bar in ejectment, 507. ENTRY. Of entry generally. Definition of, 79. IN WHAT MANNER MADE. Where lands lie in several towns in one county, entry into one parcel in the name of the So when the disseisin was done by one person at several times, 79. But, in such case, the disseisee must enter into one parcel in the name of all, 79. Entry to recontinue the inheritance must ensue the action, 79. Therefore where there are several disseisors of several parcels the entry must be seve- So if disseisor lease to several for their lives, 79. Aliter if he lease for years, 79. Distinction between right of entry after a disseisin, and title of entry by force of a For on disseisin of several lands by the same person, entry into one parcel in name of But on two several feoffments on condition to the same man two entries are neces General entry by heir, not in the name of the whole, sufficient, 80. Entry must be with intent to vest the possession, 80. TO THE USE OF ANOTHEK. A stranger may in general enter in the name of him having right without command or assent, 80. But in entry by a stranger to avoid fine there must be a command, precedent, or assent Unless the entry be by a person having privity, as guardian in socage, remainderman, |