38. Return to a Writ of Possession that no Person came to point out the

Premises.

I certify to our lord the King that this writ was delivered to me on since which time I have always been ready and willing to execute the same, as within I am commanded; but neither the within-named A. B., nor any person on his behalf, ever came to show me the land [or premises] within mentioned, or any part thereof, or to receive possession of the same, or any part thereof, from me.

The answer of S. S., Esquire, sheriff.

39. Return to Writ of Possession that Sheriff has delivered Possession. By virtue of this writ to me directed, I did on deliver to the within-named A. B. possession of the within-mentioned land [or premises], with the appurtenances, as within I am commanded.*

S. S., Esquire, sheriff.

40. Return to Writ of Possession and Fi. Fa. for Costs of Execution

of Writ.

By virtue of [&c., as in the preceding form down to the asterisk, and then add] I further certify and return that the within-named C. D. hath not any goods or chattels in my bailiwick whereof I can cause to be made the costs and interest within mentioned, or any part thereof, as within I am commanded [or that I have caused to be made of the goods and chattels of the within-named C. D. the costs and interest within mentioned, which I have ready at the time and place within mentioned to be rendered to the said A. B., as within I am commanded, or as the case may be]. S. S., Esquire, sheriff.

of

41. Writ of Restitution (b).

[Title, &c., of action as usual.]

Edward the Seventh [&c., as in form No. 33, supra], to the sheriff —, greeting: Whereas lately before us in the King's Bench Division of our High Court of Justice the above-named plaintiff recovered possession of certain lands and premises in the judgment herein, dated the day of 19-, mentioned and described as [describe the property]: And whereas on the day of 19, a writ of possession was issued pursuant to the said judgment, directing you, the sheriff of our said county of, to give possession of the said premises to the plaintiff And

(b) See Pitcher v. Roe, 9 Dowl. 971. Application for an order for leave to issue this writ, if required, should be made ex parte to a Master in Chambers, upon an affidavit of facts. If a judgment for recovery of land be reversed or set aside after possession has been obtained thereunder, restitution may be obtained by a writ of possession in the ordinary form (No. 33, supra).

possession having been given to the plaintiff accordingly, but it appearing to our said Court that certain person or persons other than the said plaintiff has or have wrongfully assumed possession of the said premises, and our said Court having on the — day of 19-, ordered that a writ of restitution should issue in respect of the premises aforesaid: Therefore we command you that you omit not by reason of any liberty of your county, but that you enter upon the said premises, messuages and tenements, and cause the said plaintiff to have restitution thereof. And in what manner [&c., conclude as in form No. 33, supra].

of

42. Writ of Assistance (c).

Edward the Seventh [&c., as in form No. 33, supra], to the sheriff , as well present as for the future, greeting: Whereas according to the tenor and true meaning of an order made in a certain action depending in the King's Bench Division of our High Court of Justice between A. B., complainant, and C. D., defendant, the said C. D. was ordered and enjoined to deliver up possession to E. F., in the said order named, of all that capital messuage or mansion house, lands and premises [or certain chattels] in the [statement of claim] in the said action mentioned, yet nevertheless he the said C. D., and other ill-disposed persons, his accomplices, bave refused to pay obedience thereto, and detain and keep the possession of the said mansion house, lands,' and premises [or chattels], in manifest contempt of us and our said Court: And whereas by an order made in the said action, dated the day of 19-, it was ordered that a writ of

to

assistance should issue directed to the sheriff of the county of put- into possession of the premises in question, namely, -[describing the property or chattels], pursuant to the said herein before recited order: Know ye therefore that we, being willing and desirous that justice should be done to the said [A. B.] in this behalf, do give unto you full power and authority to place and put the said E. F., or his assigns, without delay, into the full, peaceable and quiet possession of all and singular the said mansion house, lands and premises, with their appurtenances [or the said chattels], and from time to time, as often as there shall or may be occasion, to maintain and keep him and his assigns in such peaceable and quiet possession, according to the intent and true meaning of the said orders of our said Court: And therefore we do hereby command and enjoin you that immediately after your receipt of this writ [you do go and repair to and enter into and upon the said messuage, lands and premises, and that you do remove, eject and expel the said C. D., his tenants, servants and accomplices, each and every of them, out of and from the said mansion house, and every part and parcel thereof, and] that you do place and put the said E. F. and his assigns into the full, peaceable and quiet possession

(e) See Wyman v. Knight, 39 Ch. D. 165.

thereof [or the said chattels], and defend and keep him and his said assigns in such peaceable and quiet possession, when and as often as any interruption may or shall from time to time be given or offered to them or any of them, according to the true intent and meaning of the said orders. And herein you are not in any wise to fail. Witness Chancellor], Lord High Chancellor of Great Britain, the in the year of our Lord one thousand nine hundred and [Indorse the writ thus:]

Writ of Assistance.

A. B. v. C. D.

[name of Lord - day of

This writ was issued by X. Y., of

solicitor for the [plaintiff].

43. Attornment.

[Title, &c., of action as usual.]

We, whose names are hereunto subscribed, being respectively the tenants in possession of the premises for which this action has been brought, situate in the parish of, in the county of, do hereby severally attorn and become tenants to A. B., of ———, for such parts of the said premises as are in our respective possessions, for the term and terms, and subject to the rent and rents, and to the several stipulations and conditions under which we now respectively hold the said parts of the said premises so in our respective possessions as aforesaid; and we have this day severally paid unto the said A. B. the sum of one shilling each, upon such attornment, on account of and in part payment of the rent due, and to become due from us, severally and respectively, for and in respect of the said premises, and we do severally and respectively become tenants thereof to the said A. B. from the 19: As witness our hands

day of

SECTION II.-BY LANDLORD ON TERMINATION OF A TENANCY.

Sir, I hereby [if as agent, add: as agent for your landlord A. B. (e)] give you notice to quit and deliver up the possession of the messuage [or

(d) Notice to quit.]-This is generally necessary in order to determine a tenancy from year to year, or for any other indefinite period. In the case of a yearly tenancy, where

(e) See note (e), p. 614.

rooms and apartments, or farm, land] and premises, with the appurtenances [known as -], situate [at -], in the parish of, in the [county] of, which you now hold of me [or the said A. B.] as tenant thereof, on the day of 19-. [If there be any doubt as to when the tenancy commenced, add: or at the end of the year of your tenancy which will expire next after the end of one half a year (or, if the Agric. Holdings Act, 1888, s. 33, applies, one year) from the time of your being served with this notice (ƒ)].

2. Notice by Joint Tenant or Tenant in Common (Landlord) to determine a

Moiety, &c.

Sir, I hereby give you notice of my intention to determine the tenancy under which you now hold of me one undivided moiety [or third part or share, or as the case may be] of and in the messuage [or as the case may be] and premises, with the appurtenances, situate at -, and I require you to quit the same on the day of

19.

[If the time when the

tenancy commenced be doubtful, follow the directions in form No 1.] Dated [&c., concluding as in form No. 1].

3. Notice to quit by Tenant.

Sir, I hereby give you notice that I shall quit and deliver up the possession of the messuage [or as the case may be] and premises, with the appurtenances, situate at in the county of which I now hold

there is no express agreement as to notice, the notice must generally be to quit at the end of a year of the tenancy, and be given at least half a year (182 days) previously (Doe v. Porter, 3 T. R. 13; Sidebotham v. Holland, [1895] 1 Q. B. 378); except that, in case of a notice to quit on one of the usual quarterly feast days, it is sufficient to give the notice on or before the feast day next but one beforehand (Roe v. Doe, 6 Bing. 574; Morgan v. Davies, 3 C. P. D. 260). Where the Agric. Holdings Act, 1883, s. 33 applies, a year's notice must be given, unless the parties expressly agree upon a half year's notice, or any other notice (Wilkinson v. Calvert, 3 C. P. D. 360; Barlow v. Teal, 15 Q. B. D. 403, 501).

The notice ought to be certain, and not ambiguous or optional (Gardner v. Ingram, 61 L. T. 729; see Gen. Assur. Co. v. Worsley, 72 Id. 358), but is not invalidated by the insertion of an offer of a new tenancy (Ahearn v. Bellman, 4 Ex. D. 201; Bury v. Thompson, [1895] 1 Q. B. 231, 696).

(e) A general agent may give notice in his own name, but a particular or special agent must give it in the landlord's name (Jones v. Phipps, L. R. 3 Q. B. 567).

(f) See Doe v. Smith, 5 A. & E. 350; Hirst v. Horn, 6 M. & W. 393; Mills v. Goff, 14 Id. 72; Doe v. Morphett, 7 Q. B. 577 ; Sidebotham v. Holland, [1895]1 Q. B. 378, 389; Wride v. Dyer, [1900] 1 Q. B. 23.

of you, on the

day of 19-. [If the time when the tenancy

commenced be uncertain, follow the directions in form No. 1.]

Dated

To Mr. A. B. (the lessor or his assignee, if known).

Yours, &c., C. D.

4. Acknowledgment of Title to bar the Statute of Limitations (g).

situate

I, C. D., of -, hereby acknowledge that I am now in possession [or in receipt of the rents and profits] of the messuage [or as the case may be] and premises, with the appurtenances, known as [at -], in the parish of in the county of dwelling-house and out-offices, one garden, two orchards, arable land, and

[consisting of one

acres of

acres of pasture land], by the sufferance and per

mission and subject to the title of A. B., of

now hold the same.

Dated

To Mr. A. B.

under whom I

(Signed) C. D.

Sub-section 2.-Proceedings under R. S. C., Ord. XIV.

1. Special Indorsement on Writ pursuant to Ord. III., r. 6. See the form No. 1, ante, p. 112.

2. Affidavit in support of Application for Judgment.

See the form No. 3, ante, p. 87.

3. Summons for leave to sign Judgment.

See the form No. 4, ante, p. 88.

The defendant having appeared to the writ of summons herein, and the plaintiff having by the order of [Master], dated the

day of

(g See 3 & 4 Will. 4, c. 27, s. 14, and 37 & 38 Vict. c. 57, s. 9. This acknowledgment does not require a stamp (Barry v. Goodman, 2 M. & W. 768).