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Common Law Procedure Act 1852

Status:

This is the original version (as it was originally enacted).

Judgment in Ejectment in case of Non-appearance

In the Queen's Bench:

The______________ Day of_____________ 18__ . [Date of Writ.]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court in these Words;

that is to say,

Victoria, by the Grace of God [here copy the Writ]; and no Appearance has been entered or Defence made to the said Writ: Therefore it is considered that the said [here insert the Names of the Persons in whom Title is alleged in the Writ] do recover Possession of the Land in the said Writ mentioned, with the Appurtenances. No. 15 In the Queens Bench :

On the_______________ Day of_______________ A.D. 18__:

Cumberland to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words :

that is to say,

Victoria, by the Grace of God [here copy the Writ]; and CD. has, on the____________ Day of___________________ appeared by _____________ his Attorney [or in Person] to the said Writ, and has defended for a Part of the Land in the Writ mentioned; that is to say [here state the Part], and no Appearance has been entered or Defence made to the said Writ, except as to the said Part: Therefore it is considered that the said A.B. [the Claimant] do recover Possession of the Land in the said Writ mentioned, except the said Part, with the Appurtenances, and that he have Execution thereof forthwith; and as to the rest, let a Jury come, &c. No. 16 In the Queen's Bench:

On the_______________ Day of______________ A.D. 18__.

Cumberland to witOn the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words ;

that is to say,

Victoria, by the Grace of God [here copy the Writ]; and CD. has, on the________________ Day of________________ appeared by __________ his Attorney [or in Person], to the said Writ, and defended for the whole of the Land therein mentioned: Therefore let a Jury come, &c. No. 17 Afterwards on the________________ Day of_______________ A.D. before________________ and________________ Justices of our Lady the Queen assigned to take the Assizes in and for the within County, come the Parties within mentioned ; and a Jury of the said County being sworn to try the Matters in question between the said Parties, upon their Oath say, that A.B. [the Claimant] within mentioned, on the________________ Day of__________________ A.D.___________ was. and still is, entitled to the Possession of the Land within mentioned, as in the Writ alleged: Therefore, &c. No. 18. In the Queen's Bench :

On the_____________ Day of___________ 18__ . [Date of Writ]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words ;

that is to say,

Victoria, by the Grace of God [here copy the Writ] ; and CD. has, on the_______________ Day of______________ appeared by ___________ his Attorney [or in Person] to the said Writ, and A.B. has discontinued the Action : Therefore it is considered that the said CD. be acquitted, and that he recover against the said A.B. £ for his Cost of Defence. No. 19 In the Queen's Bench: The_____________ Day of______________ 18__:

[Date of Writ]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words;

that is to say,

Victoria, by the Grace of God [here copy the Writ] ; and CD. has, on the_____________ Day of________________ appeared by ___________ his Attorney [or in Person] to the said Writ, and A.B. has failed to proceed to Trial, although duly required so to do: Therefore it is considered that the said CD. be acquitted, and that he recover against the said A.B. £_______________________ for his Costs of Defence. No. 20 In the Queen's Bench: The____________ Day of_____________ 18__ . [Date of Writ.]

Lancashire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, in these Words;

that is to say,

Victoria, by the Grace of God [here copy the Writ] ; and CD. has, on the___________ Day of _______________ appeared by his Attorney [or in Person] to the said Writ, and the said CD. has confessed the said Action [or has confessed the said Action as to Part of the said Land, that is to say, here state the Part] : Therefore it is considered that the said A.B. do recover Possession of the Land in the said Writ mentioned [or of the said Part of the said Land], with the Appurtenances, and £___________________ for Costs. No. 21 In the Queen's Bench:

The_______________ Day of_____________ A.D. 18__ . [Date of Writ.]

Yorkshire to wit.On the Day and Year above written, a Writ of our Lady the Queen issued forth of this Court, with a Notice

thereunder written, the Tenor of which Writ and Notice follows in these Words; that h to say,

[Here copy the Writ and Notice, which latter may be as follows ;] " Take notice, That you will be required, if ordered by the Court " or a Judge, to give Bail by yourself and Two sufficient Sureties, " conditioned to pay the Costs and Damages which shall be recovered " in this Action."] And CD. has appeared by_________________________ his Attorney [or in Person] to the said Writ, and has been ordered to give Bail, pursuant to the Statute, and has failed so to do i Therefore it is considered that the said [here insert Name of Landlord] do recover Possession of the Land in the said Writ mentioned, with the Appurtenances, together with £__________________________ for Costs of Suit.

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