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said tenant in possession of the said premises, and mentioned in the declaration of ejectment hereunto annexed, with a true copy of the said declaration,(ƒ) and of the notice thereunder written, and, at the same time, explained to him the intent and meaning of the said declaration and notice, and of the service thereof.(g)

(8.)

Affidavit of the due taking of the Recognizance under the Act 1 Geo. IV. c. 87.

In the Q. B. (C. P. or Exch.)

Between John Doe, on the demise of

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taking of the

zance under

J. K., of, &c., maketh oath and saith, that the of the due recognizance(h) hereunto annexed was duly ac- recogniknowledged by the above-named defendant, G. H., he acul G. L. M., of, &c., and O. P., of, &c., the sureties IV. c. 87. therein mentioned, before R. S., gent., the commissioner who took the same in this deponent's presence, this day of, &c.

(9.)

The Affidavit of Justification by the Sureties is as follows.

In the Q. B. (C. P. or Exch.)

Between John Doe, on the demise of

A. B.

C. D.

and

plaintiff,

defendant.

(This will be according to any of the preceeding forms as may be required.

(9) There must be an exhibit to this affidavit on the lease or agreement, Exhibit. referred to in the affidavit, after the following manner, to be signed by the commissioner taking the affidavit, "this is the lease (or, agreement,) referred to in the affidavit of A. B., C. D. and E. F. sworn before me, this - day of, &c."

(h) For the form of the recognizance, see head "recognizance."

Form of affi

justification.

L. M., of, &c., and N. O., of, &c., sureties in davit of the this cause for the above-named defendant, severally make oath and say; and first, this deponent, L. M., for himself, saith, that he is a housekeeper (or freeholder) residing at, &c., aforesaid, and that he, this deponent, is worth the sum of £ over and above what will pay his just debts; and this deponent, N. O., for himself, saith, that, &c. (similar to the first.)

(10.)

Affidavit to move for Judgment in Ejectment under the Stat. 1, W. IV. c. 70.(¿)

In the Q. B. (C. P. or Exch.)

Between John Doe, on the demise of

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davit for

Form of affi- A. B., of, &c. (the above-named lessor of the judgment in plaintiff) and C. D., of, &c., severally make oath ejectment, and say: and first, this deponent, A. B., for himaccording to stat. 1. W. self, saith, that G. H., the tenant in possession of

IV. c. 70.

the premises in the declaration hereunto annexed mentioned, held the said premises as tenant to this deponent (state the tenancy); and this deponent further saith, that the said tenancy expired on, &c., by, &c. (state the expiration of the tenancy or how otherwise); and this deponent further saith, that the right of entry upon the said premises accrued to this deponent upon the day of, &c. (state the right of entry); and this deponent lastly saith, that the said G. H. still wrongfully witholds the said premises from this deponent; and this deponent, C. D., for himself, saith, that, &c. (here state the service of the declaration in ejectment according to the usual forms.)

(i) In the proceedings upon this statute, it must be shewn in addition to the usual affidavit of service, that the relation of landlord and tenant subsisted between the lessor and the party in possession; and, that the interest of the latter in the premises, expired within ten days next before the service of the declaration.

(11.)

Affidavit for Rule for Judgment on Proceedings in Ejectment on a vacant Possession.

In the Q. B. (C. P. or Exch.)

Between A. B., on the demise of

C. D.

J. K.

plaintiff,

and

defendant.

de

davit forrule

in the letter

E. F., of, &c., attorney for the above-named Form of affiplaintiff,() maketh oath and saith, that on, &c., forjudgment this deponent was present, and did see the letter of on a vacant attorney hereunto annexed duly signed, sealed, possession. livered and executed by G. H., of, &c., and that the name G. H., thereunto subscribed, is of the hand-writing of the said G. H., and the name E. F., thereunto subscribed, as witness thereof, is of the hand-writing of this deponent; (k) and, this of the perdeponent further saith, that afterwards on, &c. he, son named this deponent was present and did see L. M. in the of attorney said letter of attorney named, enter into and take taking pos possession of the messuages and premises in the said letter of attorney mentioned, by entering upon the threshold of the outer-door thereof, and putting his finger into the key-hole of the said door, the said messuage then being then locked up and uninhabited, so that no other entry thereon could be made, nor any possession thereof taken without force; and, this deponent further saith, that he did And of the on the same day, see the above named G. H. after sealing of such entry made, and whilst he stood on the threshold and delivery of the said door, duly sign and seal the lease here

See the form of this letter of attorney, under the head, "power of attorney."

session.

the lease

thereof.

(k) If the witness to the facts in the affidavit to move for judgment, as Separate afto entering and taking possession, &c. did not see the lessor of the plain- fidavit as to tiff sign the letter of attorney, a separate affidavit may be made-first, as letter of atto the execution of the letter of attorney, thus: E. F. of, &c. maketh torney. eath and saith, that he was present and did see A. B. of, &c. named in the letter of attorney, hereunto annexed, duly sign, seal, and deliver the said letter of attorney; and, the affidavit to move for judgment, will be headed as above, in the cause, and the person seeing the entry made, will make the affidavit, "that he did on, &c. see J. K. &c. (as above." (In the Common Pleas no affidavit is required.)

C

unto annexed() in the name of the said C. D., and, as his act and deed deliver the same unto the said And of see- A. B. the plaintiff above named; and, that after the ing the party said lease was so executed, this deponent did see sion by vir- the said A. B. take possession of the said messuage tue of the by virtue of the said lease, by entering upon the said lease. threshold of the said outer-door and putting his

take posses

finger into the key-hole of the said door, the said messuage being then locked up and uninhabited, so that no other entry could be made thereon, save as aforesaid; and, that immediately afterwards the And of the said E. F. the defendant, came and removed the removal of said A. B. from the said door, and put his foot on

party.

Of the exe. cution of the instrument

the threshold thereof, whereupon this deponent did on the day and year aforesaid, deliver to the said defendant E. F. who still continued upon the said threshold, a true copy of the declaration of ejectment, and notice thereunder written hereto annexed.

(12)

Affidavit of the due Execution of a Submission to Arbitration.

In the, &c.

Between, &c. (if an action has been commenced) or, in the matter of an arbitration between A. B. and C. D.

E. F. of, &c. maketh oath and saith, that he was present at the time of the execution of the bond or of submis obligation, (or other deed as the case may be, (m) sion to arbi- hereunto annexed by A. B. of, &c. therein mentioned, and did see him duly sign, seal, and as his act and deed deliver the said bond or obligation, with the condition thereunder written; and, that the

tration.

(7) See the form of this lease, under the head “leases.”

Of the exe(m) Or thus, if it be of an agreement for reference, "that he was present and did see A. B. and C. D. in the annexed agreement of reference cution of an mentioned, duly sign such agreement; and, that the names A. B.' and agreement C. D.' at the foot thereof, are respectively of the proper hands-writing of the said A. B. and C. D., and, that the name E. F. subscribed to the said agreement as the witnesses to the signing of the same, is of the proper hand-writing of this deponent."

for submission

name "A. B." set and subscribed thereto, is of the proper hand-writing of the said A. B.; and, that the name "E. F." set and subscribed as the witness thereto, is of the proper hand-writing of this deponent.(n)

(13)

Affidavit of the Service of a Consent Rule, with an Allocatur, and of demanding Costs.

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consent,

R. S. of, &c. the above-named lessor of the Service of plaintiff, maketh oath and saith, that he did on, &c. Fale, & personally serve G. H. in the annexed rule named, with a true copy of the rule, and the master's (or, if in C. P. pronothonotary's) allocatur thereon hereunto annexed, and, at the same time showed him the said original rule and allocatur; and, that he, this deponent then demanded of him, the said G. H. the costs allowed by the master, (or, prothonotary,) upon the said rule, but, that the said G. H. did not then or at any time since, pay the same to this deponent or to any person on his behalf, and, that the same now remains due and unpaid to this deponent. (o)

(n) If the affidavit be of the signature of an enlargement," that he was of an ellpresent on, &c. and did see G. H. the arbitrator in this cause, (or matter,) largement of duly sign the enlargement of the time for making his award therein, and, time. which enlargement is indorsed on the agreement (or order) of reference, which is hereunto annexed; and, that the name G. H. signed to such enlargement, is of the proper hand-writing of the said G. H.; and, the name E. F. appearing as the witness to such signature, is of the proper hand-writing of this deponent."

(o) If the costs be payable by lessor of plaintiff, the affidavit will run When costs thus, after the heading of the cause: "G. H. of, &c. maketh oath and are payable saith, that he is the person named in the rule hereunto annexed; that he, by lessor of this deponent did on, &c. personally serve R. S. the lessor of the plaintiff plaintiff. above named, with a true copy of the said rule, and of the master's (or if

in C. P. Prothonotary's) allocatur thereon, and, at the same time showed,

&c. as above.

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