Encroachments.

Charities.

Crown lands.

By church

wardens,

guardians.

The recovery of possession from persons who have encroached upon lands to be enclosed (k).

The recovery of premises belonging to charities from schoolmasters or other officers or recipients of the benefit of a charity (l).

The recovery of possession of Crown lands (m).

Summary proceedings can also be taken before justices overseers, and by churchwardens, overseers and guardians of the poor to recover parish property and poor allotments from the persons to whom they have been let, or from trespassers (n).

(k) 15 & 16 Vict. c. 79, s. 13; Chilcote v. Youldon, 29 L. J. M. C. 197.

(1) 23 & 24 Vict. c. 136, s. 13;

R. v. Darlington, 6 Q. B. 682.

(m) 22 Vict. c. 12, s. 5; 27 & 28 Vict. c. 57, s. 12.

(n) See Chap. 16, p. 180.

APPENDIX A.

FORMS.

To A. B.

I hereby give you of the [house or

NOTICE TO QUIT.

1.-BY LANDLORD.

notice to quit and deliver up possession ] and premises, with the appurtenances, in the county of which you hold of me, as tenant thereof, on the (twenty-ninth) day of (September) next [or at the expiration of the year of your tenancy which shall expire next after the end of one half year from the service of this notice].

situate [at or in the parish of

I hereby give you notice that it is my intention to quit and deliver up possession of the [house or

] and premises with

the appurtenances situate [at or in the parish of in the county of

on the (twenty-ninth) day of (September) next.

Dated the

day of

] now held by me as your tenant thereof

3.-BY TENANT IN COMMON (LANDLORD).

To A. B.

I hereby give you notice of my intention to determine the tenancy under which you now hold of me [one undivided

part or share as the case may be] of and in the [messuage or farm, and] premises with the appurtenances situate at

in

the county of

the

day of

and require you to quit the same on next [or at the expiration of the year

of your tenancy which shall expire next after the end of one half year from the service of this notice].

Dated the day of

1 & 2 VICT. c. 74.-NOTICE OF OWNER'S INTENTION TO APPLY TO JUSTICES TO RECOVER POSSESSION.

the case may be]

do hereby give you notice that unless peaceable possession of the tenement [shortly describing it] situate which was held of me or of the said

[as the case may

be] under a tenancy from year to year or [as the case may be] which expired [or was determined] by notice to quit from the said [or otherwise, as the case may be], on the

be given to

detained from the said [the owner or agent] on or before the expiration of seven clear days from the service of this notice, I

next, the

clock of the same day, at

day of

at

shall on of the

apply to Her Majesty's

[being

Justices of the Peace acting for the district of the district, division, or place in which the said tenement or any part thereof is situate], in Petty Sessions assembled, to issue their warrant directing the constables of the said district to enter and take possession of the said tenement, and to eject any person therefrom.

The plaintiff is entitled to the possession of a farm and premises called Church Farm, in the parish of

which was let by the plaintiff to the defendant for the term of which term has expired [or as

said tenancy was duly determined by notice to quit expiring on

2.-HEIR-AT-LAW AGAINST STRANGER.

1. The plaintiff is entitled to the possession of Blackacre, in

4. The estate descended to the plaintiff, his eldest son and heirat-law.

5. After the death of the said A. B., the defendant wrongfully took possession of the premises.

Take notice that the above-named defendant [A. B.] limits his defence to part only of the property mentioned in the writ of summons, namely, to the close, called "The Big Field."

Take notice that the above-named defendant K. L. will at the trial of this action limit his defence to a part only of the property mentioned in the statement annexed to the summons; that is to say [here describe the part, to which the defence is limited, with reasonable certainty].

To the Registrar of the Court and to the plaintiff.

W.Y.E.

U

now in possession of [or in receipt of the rents and profits of] all with the appurtenances situate at

that messuage

[or in the parish of

permission of

the said

by the and subject to the title of under whom I now hold the same.

[Title of action or matter and reference to the record.]

Let all parties concerned attend at my chambers in the Royal Courts of Justice, Strand, London, on

the

noon.

day of

[If a short return is granted, add "by special leave."] On the hearing of an application on the part of A. B., that he may be at liberty to appear and defend this action [if so, as landlord of the above-named defendant, C. D.]. [If the applicant desires to limit his defence to a part only of the property mentioned in the writ, add :] For [here describe the part to which it is desired to limit the defence] being a part of the property mentioned in the said writ of summons.