A.D. some or one of them, claim to be [or to have been on and since the Witness, &c. to defend No. 9. Schedule A. Act of Parl. 15 & 16 Vic. c. 76, in force. No. 14. JUDGMENT IN EJECTMENT IN CASE OF NON-APPEARANCE. In the Queen's Bench: The day of 18 Lancashire to On the day and year above written, a writ of our Lady the Queen issued forth of this Court in these words; Wit. 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. VICTORIA, by the Grace of God [here copy the writ]; and C. D. 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. In the Queen's Bench: On the 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 C. D. has, on the day of appeared by No. 9. his attorney [or in person], to the said writ, and Schedule A. defended for the whole of the land therein mentioned: Therefore Act of Parl. let a jury come, &c. 15 & 16 Vic. Justices of our Lady the Queen assigned to take the assizes in and for the within A.D. was and still is, entitled to the possession of the land within mentioned, as in the writ alleged; Therefore, &c. Wit. Lancashire to On the day and year above written, a writ of our Lady 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 C. D. be acquitted, and that he recover against the said A. B. £ for his cost of defence. Wit. Lancashire to On the day and year above written, a writ of our Lady 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 C. D. be acquitted, and that he recover against the said A. B. £ for his costs of defence. Lancashire to On the day and year above written, a writ of our Lady the Queen issued forth of this Court, in these words; Wit. that is to say. VICTORIA, by the Grace of God [here copy the writ]; and C. D. has, on the day of appeared by his attorney [or in person] to the said writ, and the said C. D. 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. c. 76, in force. No. 21. In the Queen's Bench: day of [Date of Writ.] A.D. 18 Wit. Yorkshire to 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 is 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 C. D. 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: 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 £ of suit. for costs SCHEDULE (B.) FORMS OF PLEADINGS. STATEMENTS OF CAUSES OF ACTION. ON CONTRACTS. No. 9. Schedule B. Act of Parl. 15 & 16 Vic. c. 76, in force. 1. Money payable by the defendant to the plaintiff for [these Goods. words money payable, &c., should precede money counts like 1 to 14, No. 9. Schedule B. Act of Parl. 15 & 16 Vic. c. 76, in force. Money received. Account stated. For an Estate sold. For Goodwill. For the Use of a For the Use of For Copyhold For Hire of For Freight. For Demurrage. Payee against Indorsee against Indorser of Note. Drawee against Payee against Breach of Promise of Marriage. Warranty of a Horse. but need only be inserted in the first] goods bargained and sold by the plaintiff to the defendant. 2. Work done and materials provided by the plaintiff for the defendant at his request. 3. Money lent by the plaintiff to the defendant. 4. Money paid by the plaintiff for the defendant at his request. 5. Money received by the defendant for the use of the plaintiff. 6. Money found to be due from the defendant to the plaintiff on accounts stated between them. 7. A messuage and lands sold and conveyed by the plaintiff to the defendant. 8. The goodwill of a business of the plaintiff, sold and given up by the plaintiff to the defendant. 9. The defendant's use, by the plaintiff's permission, of messuages and lands of the plaintiff. 10. The defendant's use, by the plaintiff's permission, of a fishery of the plaintiff. 11. Fines payable by the defendant as tenant of customary tenements of the manor of to the plaintiff as Lord of the said manor, for the admission of the defendant into the said customary tenements. 12. The hire of [as the case my be], by the plaintiff let to hire to the defendant. 13. Freight for the conveyance by the plaintiff for the defendant at his request of goods in ships. 14. The demurrage of a ship of the plaintiff kept on demurrage by the defendant. 15. That the defendant on the day of A.D. by his promissory note, now overdue, promised to pay to the plaintiff £ [two] months after date, but did not pay the same. 16. That one A., on, &c. [date], by his promissory note, now overdue, promised to pay to the defendant, or order, £ [two] months after date; and the defendant indorsed the same to the plaintiff; and the said note was duly presented for payment, and was dishonoured, whereof the defendant had due notice, but did not pay the same. 17. That the plaintiff, on, &c. [date], by his bill of exchange, now overdue, directed to the defendant, required the defendant to pay to the plaintiff £ [two] months after date; and the defendant accepted the said bill, but did not pay the same. 18. That the defendant, on, &c. [date], by his bill of exchange, directed to A., required A. to pay to the plaintiff £ [two] months after date; and the said bill was duly presented for acceptance, and was dishonoured, of which the defendant had due notice, but did not pay the same. 19. That the plaintiff and defendant agreed to marry one another, and a reasonable time for such marriage has elapsed, and the plaintiff has always been ready and willing to marry the defendant, yet the defendant has neglected and refused to marry the plaintiff. 20. That the plaintiff and defendant agreed to marry one another on a day now elapsed, and the plaintiff was ready and willing to marry the defendant on that day, yet the defendant neglected and refused to marry the plaintiff. 21. That the defendant, by warranting a horse to be then sound and quiet to ride, sold the said horse to the plaintiff, yet the said horse was not then sound and quiet to ride. 22. That the plaintiff and the defendant agreed by charter-party, that the plaintiff's ship called the "Ariel" should with all convenient speed sail to R., or so near thereto as she could safely get, and that the defendant should there load her with a full cargo of tallow or other lawful merchandise, which she should carry to H., and there deliver, on payment of freight £ No. 9. Schedule B. Act of Parl. 15 & 16 Vic. c. 76, in force. For not loading per ton, and that the defendant should be allowed ten days for pursuant to loading, and ten for discharge, and ten days for demurrage, if re- Charter-party. quired, at £ per day; and that the plaintiff did all things necessary on his part to entitle him to have the agreed cargo loaded on board the said ship at R., and that the time for so doing has elapsed, yet the defendant made default in loading the agreed cargo. 23. That the plaintiff let to the defendant a house, No. 401 Upon a Lease Piccadilly, for seven years, to hold from the day of A.D. at £ a year, payable quarterly, of which rent quarters are due and unpaid. 24. That the plaintiff by deed let to the defendant a house, No. 401 Piccadilly, to hold for seven years from the day of and the defendant by the said deed covenanted with the plaintiff well and substantially to repair the said house during the said term [according to the covenant], yet the said house was during the said term out of good and substantial repair. A.D. FOR WRONGS INDEPENDENT OF CONTRACT. 25. That the defendant broke and entered certain land of the plaintiff, called the Big Field, and depastured the same with cattle. 26. That the defendant assaulted and beat the plaintiff, gave him into custody to a policeman, and caused him to be imprisoned in police office. a for Rent. Trespass to Land. Assault, Battery, and false Imprisonment. Criminal Con versation. Wrongful 27. That the defendant debauched and carnally knew the plaintiff's wife. 28. That the defendant converted to his own use, or wrongfully deprived the plaintiff of the use and possession of the plaintiff's Conversion of goods; that is to say, iron, hops, household furniture [or as the case may be]. Goods. Wrongful ; that is to say, Detention of 29. That the defendant detained from the plaintiff his title deeds of land called Belmont in the county of [describe the deeds]. same, 30. That the plaintiff was possessed of a mill, and by reason thereof was entitled to the flow of a stream for working the and the defendant, by cutting the bank of the said stream, diverted the water thereof away from the said mill. Diverting Water from a Mill. 31. That the plaintiff was the first and true inventor of a certain Infringement new manufacture, that is to say, of "certain improvements in the of a Patent. manufacture of sulphuric acid," and thereupon Her Majesty Queen Victoria, by letters patent under the great seal of England, granted the plaintiff the sole privilege to make, use, exercise, and vend the said invention within England for the term of fourteen years from the day of subject to a condition that the plaintiff should within six calendar months next after the date of the said letters patent cause to be enrolled in the A.D. |