The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.

THE CONTENTS OF THE CHAPTERS.

• CHAP. I. THE Nature of the Action of Ejectione Firme, and the Reason of the change of Real Actions into Ejectments, with the Lord Chancellor Ellesmore's Opinion thereon. The Difference between Actions of Trespass and E∣jectment in seven Diversities. The Difference between Ejectione Firme and Quare ejecit infra terminum. In what Court this Action to be brought, or not. Ejectments how to be brought in respect of the Place where the Lands lie. Where to be tried. Of Removal by Procedendo into inferiour Courts.
• ...

• ... CHAP. II. Who shall have Ejectione Firme, and in what Cases this Action lies, or not, in respect of Possession, in respect of Entry congeable, in respect of Exility of Estate. By Lessee of Copyholder, and how, and whether before Admittance, and the manner of declaring. Of Ejectment by Executors, by Infant, by Lessee of a Simonist. On Elegit. On undue Extent, and in case of holding over. By Intruder, by the King's Lessee, by a Person Outlawed, by Lessee of Bail on Extent and on Judgment against the Principal, by Issue in Tail liable to a Statute, who comes not in and pleads to the Sc' fac', on Entry of the Grantee of Rent with Proviso for Retainer till Satis∣faction of Arrears; by Cesty que Trust; by Vendee of Commissioners of Bankrupts.
• CHAP. III. Of Process in Ejectione Firme. Of the Original. What Mistakes in the Original are Error af∣ter a Verdict, or not. Of a vicious Original Of the want of an Original. Of an Original taken out before the Cause of Action. Of A∣mendments of Originals. Where Amendment shall be by the Paper-Book. Of the Retorn by Stat. 13 Car. 2. c. 11. Of Appearance. In∣fant, how to appear, sue or defend. The true Difference between Guardian and Prochein Amy. Of want of Pledges. Of Bail. Of Stat. 13 Car. 2. c. 2. Of Bail on Writ of Error. VVhen common Bail to be filed. Imparlance.
• ...

• ... CHAP. IV. Against whom Ejectione Firme lies, or not, Of the casual Ejector. Of the old way of Sealing Leases of Ejectment, and in what Cases now to be used. And of the new way of practise.
• CHAP. V. Of the Rule of confessing Lease, Entry and Ouster. Whether such Rules may be made in inferiour Courts. Rules of Court relating to confessing Lease, Entry and Ouster. Of Re∣fusal to confess Lease, Entry and Ouster, and the Consequence. Of how much the De∣fendant shall confess Lease, Entry and Ou∣ster. In what Cases there must be an actu∣al Entry, and where it is supplied by confes∣sing of Lease, Entry and Ouster. Rules con∣cerning ones being made Defendant, and of altering the Plaintiff; of enlarging the Eject∣ment, Lease.
• CHAP. VI. Of what things an Ejectione Firme may be brought, and of what not. General Rules of Declarations in Ejectments. Of Variance be∣tween the Issue-Roll and the Imparlance-Roll. Of Entry and Ejectment supposed before the Commencement of the Lease. Virtute cujus He entred, how expounded. Uncertainty in the Limitation of the Commencement, and no Day of the Date shewed. Et postea how ex∣pounded.

• Mr. Levets of the Temple's Case. Argued about amendment of a Declaration. Declaration by Coheirs, by Tenants in Common, by Baron and Feme. By Joynt-tenants, by a Corporation, by Copyholder, by Administra∣tor.
• CHAP. VII. Where in the Declaration a Life must be averred, and where it need not. Of Delivery of De∣clarations at or after the Essoyn-day. Decla∣tions when to be entred, as of the same Term; where the Copies need not to be paid for Declarations, when amendable or not. Of ex∣pressing the Vills where the Lands lie. Of the Pernomen. If it need to be of more Acres than the Plaintiff was ejected out of. Of the Forms of the Declaration, Vi & Armis omit∣ted, Extr. tenet. omitted. The President of De∣clarations in B. C. in B. R. and in the Excheq. The Indorsment of the Copy left with the Te∣nant, and what the Tenant is to do thereupon: The Rule of confessing Lease, Entry and Ou∣ster in C. B. and B. R. Affidavit in Eject∣ment to move for Judgment against the Ca∣sual Ejector.
• CHAP. VIII. What shall be a good Plea in Abatement in this Action. Of Entry of the Plaintiff hang∣ing the Writ. Entry after Verdict, and be∣fore the day in Bank. After Imparlance no Pleading in Abatement, and why. Abate∣ment, because the Plaintiff shews not in which

• of the Vills the Land lies. Ejectment against Baron and Feme; Baron dies since the Nisi prius, and before the day in Bank. Of plea∣ding to the Jurisdiction. Conisance not al∣lowable on Suggestion, but it must be a∣verred or pleaded. How Prescription to the Cinque Ports to be made. Ancient Demesne a good Plea in Ejectment, and why. Its a good Plea after Imparlance, and why. Of Plea of Ancient Demesne allowed the same Term, and how. Of Pleas puis darrein Con∣tinuance. Entry puis darrein Continu∣ance pleaded at the Assizes is resceiva∣ble, and the Consequence of a Demurrer to this Plea. Release of one of the Plaintiffs in a Writ of Error, whom it shall bar. Of Release puis darrein Continuance, Plain∣tiff demurs to Plea of Entry puis darrein Continuance, Quid Sequitur. Accord and Satisfaction pleaded. Aid prier, and why the Defendant shall not have Aid pryer of the King, aliter of a common Person; A Writ not to proceed Rege inconsulto allowed. Recovery and Execution in a former Action pleaded in Bar. Bar in one Ejectione Firme, how a Bar in another.
• CHAP. IX. Of Challenge. What is principal Challenge or not. Of Elisors. Of Venue. VVhere the Pa∣rish and Vill shall be intended all one. VVhere it shall not be de Corpore Comitatus. VVhere the Venire fac' is amendable. Ve∣nire fac' to the Coroners, because the Sheriff was Cousen to one of the Defendants. A Ve∣nire

• ... de Foresta. Venire de Novo for Ba∣ron and Feme.
• CHAP. X. XI. Of Joyning Issue and Tryal. In what Case no Verdict shall be Entred. One Defendant Pleads Not guilty, the other Demurs, no Judgment upon the Demurrer till the Issue be tried. Writ to Prohibit the Tryal Rege in∣consulto. Tryal in the Marches Consent to alter the Tryal. New Tryal denied. Of con∣sent to a Tryal in a Foreign County. Of Tryal in other County than where the Land lies. Of Tryal by Mittimus in the County Palatine. Who shall be good Witnesses in this Action or not. Copy of a Deed. Deed cancelled. Con∣ditions, Collateral Warrants found by a Jury. What is good Evidence in Reference to a for∣mer Mortgage. Where the probate of a Will is sufficient Evidence or not. In Case of a Re∣ctory, what is good Evidence, and what things the PaRson must prove. Ancient Deeds. Scirograph of a Fine. Constant Enjoyment. Evidence as to an Appropriation. Deposition of Bankrupts. Depositions in Chancery. Tran∣script of a Record. Inrolment of a Deed. Doomsday Book. Of variance between the Declaration and the Evidence. Of Demurrer to an Evidence. ExEmplification of a Ver∣dict.
• Verdict. Of a General Verdict. Of Special Verdict. Of Council subscribing the Points in Question. Of finding Deeds in haec verba. Eight Rules of

• Special Verdicts in Ejectment. Of Estoppels found by the Jury, and how they shall be binding. What is a material variance be∣tween the Declaration and the Verdict. Of Priority of Possession. Where the Special con∣clusion of the Verdict shall aid the imperfecti∣ons of it. Where and in what Cases the Verdict makes the Declaration good. Verdict Special taken according to intent. Difference where the Verdict concludes Specially in one Point, and where it concludes in General, or between the Special conclusion of the Jury, and their reference to the Court. Circum∣stances in a Special Verdict need not be pre∣cisely found. Where the Judges are not bound by the Conclusion of the Jury. Of certainty and uncertainty in Special Verdicts. Of the finding Quoad residuum, certainty or uncertainty in reference to Acres, Parishes, Vills and time of Verdicts, being taken by Parcels. How the Ejectment of a Manor to be brought. Of a Verdict on other Lease or Date than is declared upon, which shall be good or not. Where a Verdict shall be good for part, and void for the Residue. The time of the Entry of the Plaintiffs Lessor where material. Where the Jury ought to find an actual Ouster on him that had the right. Prout lex postulat how to be understood. Where, and in what Cases Special Verdicts may be amended. Where the Jury may con∣clude upon a Moiety or not. Where a dying Seised or Possest, must be found. Where the commencement of an Estate Tail is to be found.
• ...

• ... CHAP. XII. Where the Defendant shall have Costs. How the Plaintiff may aid himself by Release of Damages. Executor not to pay Costs. Lessor of the Plaintiff where to pay Costs. Where Tenant in Possession liable to pay Costs or not. Feme to pay Costs on the Death of her Hus∣band. Infant, Lessor to pay Costs of the Writ of Enquiry; the Entry. If Writ of Er∣ror lies upon the Judgment, before the Writ of Enquiry and why. Writ of Enquiry how abated. Costs for want of Entring, Conti∣nuances. Where the sole remedy for Costs in the first Tryal is to be had.
• CHAP. XIII. The Form of entring Judgments in this Acti∣on. How the Entry is, when part is found for the Plaintiff, and part against him. Qd. Def. sit quietus. Quod Def. remaneat inde∣fenss. Against several Ejectors of form. Of the Entry in case of the Plaintiff or Defen∣dant. One of the Plaintiffs died during a Curia advisare vult. If the Death of one Defendant shall abate the Writ. One De∣fendant dies after Issue joyned. After Verdict and before Judgment the Plaintiff dies. What Notice the Court takes of the Lessor of the Plaintiff. Ejectment for the whole, and a Title but for a Moiety, how Judgment shall be. In what Cases, and for what Causes Judgment in Ejectments are Arrestable as Erreneous. Judgment for the whole, where it ought to

• be for a Moiety. More Damages found than the Plaintiff Counts. Judgment against Gar∣dian and Infant. Not severing intire Dam∣ages. Against Baron and Feme quod capi∣antur, Vi & Armis omitted in the Declarati∣on. Plaintiff brings a Writ of Error, and the Judgment is reversed, what Judgment he shall have. What Judgment shall be, if the Lease expires before Judgment. In what Cases Judgments shall be amended. Mistakes of Acres. Omission, Defalts of Clerk. Vari∣ance of parcel. If Scire facias on a Judg∣ment in Ejectment may be brought by the Administrator of the Lessee. No Judgment upon Nihil dicit, but upon motion in Court of Judgment given against ones own Ejector in several good Cases, and of a Practise to gain Possession.
• ...CHAP. XIV. Habere facias Possessionem, how to be execu∣ted, and when, and in what Cases a new Habere facias Possessionem is to be granted or not. The manner how the Sheriff is to deliver Possession. How the Sheriff is to esteem the Acres. How the Sheriff is to give Posses∣sion of Rent or Common. How Habere facias Possessionem awarded into Ireland. In what Cases a new Habere facias Possessionem, shall be granted or not; And of the Sheriff's de∣meanor therein. After the Writ of Habere facias Possessionem returned and filed, whe∣ther the Court may award a new Writ. Where the first Writ is not fully executed, if the Court will grant a new one. Where Hab. fa∣cias

• Possessionem shall be after the year without Scire fac'. Return of Habere fac' Possessionem with a Fieri facias. Of Mis∣dimeanors in giving Possession. Sheriff's Fees.
• CHAP. XV. Of Action for the mean Profits. In whose name it shall be. What Evidence shall be given in this Action or not. The Writ of Enquiry for mean Profits, how it abates. If upon Confession of Lease, Entry and Ouster, the Lessee may have Trespass for the mean Profits, from the time of the Entry confessed. In Trespass for mean Profits, Special Bail is always given.
• CHAP. XVI. VVrit of Error Where it lies. Of what Error the Court shall take Conisance without Di∣minution or Certificate. Variance between the Writ and Declaration. Variance between the Record and the Writ of Error. One Defen∣dant dies after Issue and before Verdict. Non∣age in Issue on Error where to be tried. A∣mendment of the Judgment before Certio∣rari awarded. Release from one of the Plain∣tiffs in the Writ of Errors bars only him that Released, and why. Outlawry in one of the Defendants pleaded in Error. Of Release of Errors by the Casual Ejector where its a fraud. Error without Bail a Supersedeas. Eject∣ment against eight. And Judgment was only against three, And Error brought ground∣ed upon the Judgment ad grave damnum ipsorum. Error of Ejectment in Ireland.