ON DOUBLE By a lessor or superior land demise in an action of ejectment, and they may declare upon separate demises by each, it having been decided that ejectment will lie on their several demises for the recovery of the whole premises, although the joint tenancy is severed by the separate letting; 3 Campb. 190. So one joint-tenant may maintain ejectment on his single demise for his own share of a copyhold descending by custom to all the children equally of the tenant last seised; but it will be considered as a severance of the tenancy; 12 East, 39, 57; 3 Taunt. 120. Churchwardens and overseers of the poor may join in a demise of the parochial property vested in them by 59 Geo. 3, c. 12; Doe dem. Hiley v. Jackson, 10 Bar. & Cress. 885; Doe dem. Higgs and others v. Cockell, 6 Car. & P. 525. Where by an under-lease power was reserved on non-payment of rent, "to lord against les- the second lessors and the first or original lessor" to enter; it was held that the demise was properly laid to be by the lessors alone, and that it need not be a joint demise by the lessors and the original lessor; 4 Bingh. 276. see. When by deed formerly. Ejectment for tithes, stating a If the ejectment be brought by a corporation aggregate, by an infant, or for tithes, formerly it was considered necessary to state that the demise was by deed, Carth. 390; Cro. Jac. 613; but now that is considered unnecessary, see Ld. Raym. 136; Carth. 390; Sell. Prac. 2d edit. c. 14, sec. 2, A. and sec. 3, D.; Adams, 1st edit. 184 to 186, acc.; Selw. 4th edit, 683, contrà. If, however, a demise by deed be stated it need not be proved; 1 Esp. Rep. 199. That the said E. F., in the year of our Lord on &c., at &c. [venue] demise by deed. by a certain indenture then made between the said E. F. of the one part, ($) and the said John Doe of the other part, one part of which said indenture sealed with the seal of the said E. F. the said John Doe brings here into Court, the said E. F. demised to the said John Doe certain tenements, hereditaments and premises, with the appurtenances, to wit, [here enumerate description of tithes, as ante, 679,] to have and to hold the same unto the said John Doe and his assigns from thenceforth for and during and unto the full end and term of seven years from thence next ensuing and fully to be complete and ended. By virtue of which said last-mentioned demise, the said tenements, hereditaments and premises then and there became and were vested in the said John Doe for the said term, the said John Doe entered into the said demised tenements, hereditaments and premises, with the appurtenances, and was possessed thereof for the said term so to him thereof granted as aforesaid. And the said John Doe being so possessed, the said defendant afterwards, to wit, on &c. aforesaid, with force and arms, &c. entered into the said tenements, hereditaments and premises, with the appurtenances above mentioned, in which the said John Doe was interested in manner and for the term aforesaid, and which is not expired, and ejected the said John Doe from his said farm, and other wrongs to the said John Doe then and there did, to the great damage of the said John Doe, and against the peace of our said lady the queen. (s) As to stating the demise of tithes by deed, ante, 670, note (1), and supra. It need not be stated to have been by deed; 1 Lord Raym. 136; Carth. 399. In the Queen's Bench. BY BILL IN QUEEN'S BENCH. A. D. Term, Vict. (to wit.) John Doe complains of Richard Roe, being in the custody. of the keeper of the Queen's Prison, for that G. H. [the lessor of the plaintiff,] on the day of at the parish of - in the county of demised to the said Joe Doe messuage, &c. [enumerate as ante, 670,] with the appurtenances, situate and being in the parish aforesaid, in the county aforesaid, to have and to hold the same to the said John Doe and his assigns from thenceforth for and during and unto the full end and term of years, from thence next ensuing and fully to be BY BILL. Declaration by bill in Q. B. (t) and the ouster. complete and ended. (u) By virtue of which said demise, the said John Plaintiff's entry Doe then entered into the said tenements, with the appurtenances, and became and was possessed thereof for the said term so to him thereof granted; and the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day and year aforesaid, with force and arms, &c. entered into the said tenements, with the appurtenances, in which the said John Doe was so interested in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm,* and other wrongs to the said John Doe then and there did, against the peace of our said lady the queen, and to the damage of the said John Doe of £50; and thereupon he brings suit, &c. The notice to appear is to be precisely as ante, 672, omitting the words Notice to ap"wheresoever, &c." and saying "in her majesty's Court of Queen's Bench pear. (to wit.) John Doe, a debtor to our sovereign lady the now queen, cometh before the barons of her majesty's Exchequer at Westminster, on [the last day of the term preceding the time of his attorney, and com the day of service of the ejectment] in the same term, by (t) It is not usual to proceed in Q. B. by bill. Many of the notes to the form, ante, 669, are also here applicable. (u) If it be advisable to insert several demises with only one ouster, the second and other demises are here to be stated as follows:-" And also, for that the said G. H., on the day of - in the year of the reign aforesaid, at &c. aforesaid, demised to the said John Doe other messuages, &c." # (x) Most of the notes to the form, ante, 669, are also here applicable. IN THE EXCHEQUER. The like in the IN THE EXCHEQUER. Notice to appear thereto. ON A VACANT On a vacant possession. (y) Notice to ap pear thereto.(z) The notice to appear is to be precisely as ante, 672, with the exception of the words," in the Office of Pleas of her majesty's Court of Exchequer, at Westminster." ON A VACANT POSSESSION. The declaration in ejectment on a vacant possession is the same as in other cases, (see the forms, ante, 669,) except that the plaintiff and defendant, as well as the lessor of the plaintiff, are in this case the real parties; as for instance, A. B. the actual lessee of the premises, should be the plaintiff, in lieu of John Doe, C. D. (a real ejector) the defendant, in lieu of Richard Roe, and E. F. (the party entitled to possession) the lessor of the plaintiff, and the party who executed the actual lease, and instead of the common notice at the end, substitute the following: Mr. Take notice, that unless you appear in her majesty's Court of Queen's Bench at Westminster, in next term, [or if in London or Middlesex, "the first day of next term,"] at the suit of the above named plaintiff A. B. and plead to this declaration in ejectment, judgment will be thereupon entered against you by default. Dated, &c. To Mr. G. H. [the wrongful occupier.] (y) Imp. Prac. 6th edit. 572, 7th edit. 627, 8th edit. 616; and other forms, Tidd's Forms, 721, 722, 723. See also T. Chitty's Forms, 5th edit. Your's, &c. J. K. plaintiff's attorney. (2) Impey, K. B. 8th edit. 616; see another form in Tidd's Forms, 723, where the notice in a country cause is stated to be "within the first eight days of next —— term." INDEX ΤΟ THE SECOND VOLUME. ABANDONMENT (see title Policy.) ABATEMENT, commencement of declaration in second action, after plea in, for non- ABSTRACT, declaration in assumpsit for not delivering of, on sale of estate, 209, 211 necessity for statement of, 660, note (m), 662, note (n) of locus in quo, stated in a declaration, 662 ACCEPTOR (see Bill of Exchange.) declaration against, 100 to 109 for non-acceptance of a bill, 125, 126 acceptance supra protest stated, 130, 131 acceptance of one part of foreign bill stated, 128 case against, for cancelling acceptance, 510 assumpsit by accommodation acceptor for not indemnifying, 232 ACCOMMODATION, assumpsit by accommodation acceptor, for not indemnifying, 232 ACCOUNT, assumpsit for not rendering, 252 to 254 against person employed to settle debt, 254 against an attorney for not accounting for monies received, 254, 283 ACTION, NOTICE OF, 1 to 4 and notes ACT OF PARLIAMENT (see Statute.) AD DAMNUM, form of conclusion, 13 ADJUSTMENT, statement of, in declaration on a policy, 153 ADMINISTRATION, LETTERS OF (see Administrators.) in debt on bond, 331 in trover, 644 profert of, 25, 77 ADMINISTRATOR (see Executor.) commencements of declarations by and against. against an administrator, 23 a surviving administrator, ib. husband and wife, wife being administratrix, ib. administrator durante minore ætate, 24 administrator, limited until original will or copy thereof be brought against an administrator, ib. surviving administrator, 23 husband and wife, wife being administratrix, ib. administrator de bonis non, with the will annexed, ib. conclusion and profert, 25 where declaration contains a count on a note, &c. 77, 79 administrator de bonis non of an administrator, 26 the like with will annexed, ib. administrator with the will annexed, ib. costs, liability to, 74, note (u) assumpsit, by, on promises to intestate, 77 conclusion where declaration contains a count on a bill or note, &c. ib. on promises to plaintiff as administrator, ib. breach of, and statement of grant of administration, 77, 78 by administrator durante minore ætate, 78 a surviving administrator, ib. an administrator de bonis non, with will annexed, ib. by husband and wife, administratrix before marriage, ib. the like, where she became administratrix after marriage, ib. on a note indorsed by administrator of payee of a bill against ac- the like against drawer, ib. against, on promises by intestate, 79 conclusion where declaration contains a count on a bill or note, &c. ib. an administrator durante minore cetate, &c. ib. on promises by defendant as administrator, ib. a surviving administrator, ib. an administrator de bonis non, 23, 79 husband and wife, administratrix before marriage, 80 the like, where she became administratrix after marriage, ib. |