PROCEEDINGS IN DOWER-(continued.) proclamation to make plaint, 1328 plaint in dower in manor court, and prayer of process, ib. summons to tenant to appear, ib. PROCEEDINGS IN INTRUSION. writ of intrusion by heir of remainder-man upon an intrusion after death of tenant for life, 1330 declaration thereon, ib. pleas denying seisin, descent, &c. 1332 PROCEEDINGS ON WRITS OF ENTRY. writ of entry in the post, 1339 declaration thereon, ib. writ of entry in the post, on the entry of a third person, 1340 proceedings in manor court, on plaint in nature of writ of entry in the post, ib. plaint in nature of writ of entry in the per and cui, 1342 mandate or summons thereon, 1343 directions as to the proceedings, ib. other proceedings in manor court, on plaint in nature of writ of entry, 1344 return to writ of summons, ib. entry of return of summons, admission of prochein amie for demandant, and appearance of tenant, 1345 mode of proceeding stated, ib. count in same proceedings, 1346 form of plaint as recorded, 1347 steward's first summons, 1348 admission of prochein amie for demandant, entry of return of summons, of default of tenant, and award of grand cape, 1349 second summons, 1350 sheriff's return, 1351 directions as to proceedings, ib. entry of appearance of tenant, return of grand cape, release of default, count and tenant's imparlance, 1352, 3 another imparlance, 1353 tenant's plea, ib. PROCEEDINGS RELATIVE TO WRITS OF RIGHT. præcipe for writ, at the suit of husband and wife, 1355 writ of right quia dominus remisit curiam, ib. warrant to the bailiff, 1356 the form of the bailiff's summons, ib. sheriff's return indorsed on the writ, 1357 return indorsed on writ of right, ib. form of entry of common essoign, ib. rule given by clerk of the essoigns on that occasion, ib. entry of adjournment of tenant's essoign, 1358 other form of entry of adjournment of essoign, ib. writ of grand cape, ib. sheriff's return indorsed on this writ, ib. count by husband and wife on seisin in right of wife, 1359 count in writ of right on demandant's own seisin, ib. count on seisin of demandant's father, 1360 another form of count on seisin of demandant's ancestor, ib. PROCEEDINGS RELATIVE TO WRITS OF RIGHT-(continued.) count on seisin of plaintiff's father and mother, in right of mother, 1361 count by heir of devisee, ib. form of demanding view after count, 1362 the like in another form, 1363 demand of view in another form, ib. writ of view, ib. the like writ of view in another form, 1364 return that defendant has had a view, ib. return that demandant did not appear to show the land, 1365 plea of deducing title of remainder-man, and praying his aid, ib. demurrer for pleading aid prayer after general imparlance, 1368 summons ad jungendum auxilium, 1370 the return to the above writ, ib. entry of essoign de ultre mare, ib. copy of affidavit annexed to, and filed with, above essoign, 1371 appearance of tenant, and also of prayee, and joinder in aid of prayee, and prayer of imparlance, ib. general mise, or plea and tender of demy mark, 1372 tender of demy mark, 1373 mise or plea by tenant and prayee in aid, and tender of demy mark, where demandant counted upon ancestor's seisin, ib. plea denying ancestor's seisin, 1374 denial of descent to the demandant, ib. rule of court for striking out special plea and pleading mise on terms, 1375 præcipe for writ of summons, 1376 writ of summons to knights to elect grand assize into bank, or at the assizes, ib. writ to sheriffs to summon four knights to elect grand assize or jury, 1377 alias writ of summons of four knights, ib. return of alias writ of summons of four knights, 1378 writ of venire facias, ib. writ of habeas corpora recognitorum, 1379 record of nisi prius, ib. award of summons of four knights, ib. continuance by vice comes non misit breve, 1380 alias summons awarded, ib. further continuance by vice comes non misit breve, ib. pluries summons awarded, ib. return to writ of summons, no knights in county, four others summon ed, 1380, 1382 appearance of other four persons, 1381 sheriff commanded to have grand assize in bank, ib. respite for default of recognitors, ib. form of oath on grand assize, ib. entry of proceedings on plea roll, ib. summons of knights awarded, 1382 nisi prius awarded, ib. return by sheriff that no knights in county, and that he had summoned four other persons, 1380, 1383 appearance of four persons so summoned, ib. PROCEEDINGS RELATIVE TO WRITS OF RIGHT—(continued.) award of second alias summons of four knights, ib. award of another alias summons of four knights, or four lawful men, ib election of recognitors, ib. judgment when prayee in aid makes default upon return of the alias summons, ib. judgment after mise joined, ib. judgment for demandant, ib. judgment for tenant, 1385 record of final judgment, and count upon writ of right on seisin of de mandant's father, ib. postea for demandant, 1396 PROCEEDINGS IN PARTITION. original writ in partition, on 8 & 9 W. 3. c. 13, 1390 writ of pone upon default of appearance, ib. declaration in partition by tenants in common, ib. plea of confession by infants (by their guardian,) 1392 first judgment in partition, 1393 writ de partitione facienda, 1394 return by sheriff of partition made, 1395 pleadings in partition by co-heiress in gavelkind, with record of final judgment, 1397 VOLUME II. NOTICES OF ACTION. To C. D. Esquire, one of his Majesty's Justices of the Peace (a) in and for the county of notice, action by the party at or to a justice I, A. B. of—in the county of Esquire (c), do hereby, according to Notice of the form of the Statute in such case made and provided (d), give you That I shall, by my attorney, Mr. E. F. of in the county of – soon after the expiration of one calendar month from the time of your being for false imprisonserved with this notice, cause a Writ of Latitat (e) (1), (or, “a Precept, cal- meut (b) led a Bill of Middlesex,” or, if the action is to be in the Common Pleas, “ Ca- (2). pias ad Respondendum,” or, if in the Exchequer, “ Quo minus," or if the party to be proceeded against be an Attorney, a Member of Parliament, or Peer, &c. describe the process accordingly (ƒ) to be sued out of his Majesty's Court of King's *Bench, (or, "Common Pleas," or, "Exchequer,") at Westmin- [*2] ster, against you (g) at my suit, and proceed thereupon according to law. (Then follows the subject-matter of the notice, and which may be as follows (h)) : (a) It is usual, at the head of the Notice, to state the character in which the party, about to be sued, acted; and some forms state the color or pretence under which he acted. (See Tidd's Forms, 7th edit. 1, 2, 3, &c.-2 Campb. 196;) but the latter seems unnecessary, and if mis-stated, may be fatal. See 1 Taunt. 383.-1 Moore & P. 346. (b) The older Cases as to notices of action are collected in Tidd's Prac. 9th edition, 28 to 33.-Chitty's Col. Stat. I vol. 645. to 648. {The more recent in Chitty's Gen. Pract. 2 vol. 63 to 70. The stat. 24 Geo. 2. c. 44. s. 1. requires a notice to a justice of the peace. See the Precedents in Tidd's Forms, 7th edit. p. 1 to 2. The above precedent is inserted as more useful in practice than the forms which commence "You having," &c. (e) A notice, describing the intended plaintiff as of "Rotherhithe, in the county of Surrey, merchant," was deemed sufficient. 66 (g) Need not notice all parties to be included in action, 2 Price, 126.-5 Price, 168. Chitty's Col. Stat. 1 vol. 647. (h) The statute 24 Geo. 2. c. 44. s. 1, enacts"in which notice shall be clearly and explicitly contained the cause of action which such party hath, or claimeth to have against such justice of the peace." If the action be brought against a justice, for any thing done under a conviction which has been quashed, the notice must state that it was done maliciously and without any rea (1) {But in Pennsylvania, in the notice required to be given by the Act of 21 March, 1772, prior to the commencement of a suit against a Justice of the Peace, it is not necessary to specify the kind of writ or process intended to be sued out, or the kind of action intended to be brought; it is sufficient to give notice that an action will be brought, and to describe clearly the cause of action. Mitchell v. Cowgill, 4 Binn. 20. Litle v. Toland, 6 Binn. 84., overruling Kennedy v. Shoemaker, 1 P. A. Browne's Rep. 61. } (2) { In a suit by the administrators of a constable, against a justice of the peace, to recover back money alleged to have been received by him as a justice of the peace, by fraud and mistake, the justice is entitled to previous notice under the Act of 1772. Wise, adm. v. Wills, 2 Rawle, 209.} VOL. II. 1 For that you, the said C. D. on the in the county of and arms, caused an assault to be made on me the said A. B. to wit, at; and then and there caused me to be apprehended and seized and laid hold of, and to be forced and compelled to go from and out of a certain dwelling-house, situate and being at in the county of into the public street there, and also to be then and there forced and compelled to go in, through, and along divers public streets and places to a certain policeoffice, situate and being at in the county of imprisoned and kept and detained in prison, in a [*3] some prison or place, called situate at Second count. and to be unlawfully certain dark and unwhole*without any reasonable or probable cause whatsoever, for a long space of time, to wit, for the space of hours then next following, contrary to the laws and customs of this realm, and against the will of me the said A. B. whereby I the said A. B. was then and there not only greatly hurt, bruised, and wounded, but was also thereby greatly exposed and injured in my credit and circumstances, to wit, at aforesaid, in the county aforesaid :-And also for that you the said C. D. on the day and year aforesaid, with force and arms, &c. caused an assault to be made upon me the said A. B. to wit at- aforesaid, in the county aforesaid, and caused me to be then and there beat, ill-treated, and apprehended and imprisoned, and kept and detained in prison, without any reasonable or probable cause, for a long time, to wit, for the space of- hours then next following, contrary to the laws and customs of this realm, and against the will of me the said A. B. And other wrongs to me the said A. B. did, to my great damage, and against the peace of our lord the now king. Dated this sonable or probable cause, and the form of The cause of action may be stated pre- day of in the parish of (i) in the county of seizing, carrying away, and converting the same property; or in trespass to Real property, &c. a count for breaking and entering the house, land, &c. and making a disturb ance, and seizing and detaining the property, with a common count for seizing and converting the personal property. 66 (i) The stat. 24 Geo. 2. c. 44. s. 1, enacts, on the back of which notice shall be indorsed the name of the attorney or agent of the intended plaintiff." "E. F. of Birmingham, generally," was held sufficient, {Litle v. Toland, 6 Binn. 84. and if the name of the agent be indorsed, the indorsement must state, that he is the agent of the plaintiff, in addition to his name. Lake. Shaw, 5 Serg. & Rawle, 517. But "at Durham," was deemed insufficient. {Perkins v. Slocum, 3 Serg. & Rawle, 295. } 3 B. & P. 551, 553 a.-7 T. R. 635.-2 Campb. 199.3 Taunt. 127; but describing himself as of a place in London, which in fact was in Westminster, is insufficient; 6 Esp. 138; the initial of the attorney's christian name, suffices. 2 Marsh. 377. 7 Taunt. 63. S. C. The omission of the initial of the second christian name of the attorney, is not material. 4 Bar. & Cres. 681. Though the |