Service on wife of (3.) Affidavit of Service of Declaration of Ejectment In the, &c. A. B., of, &c., clerk to C. D., of, &c., attorney for the lessor (or lessors) of the plaintiff in this case, maketh oath and saith, that he did on, &c., serve E. F., tenant in possession of the premises in the declaration of ejectment hereunto annexed mentioned, with a true copy of the said declaration, and of the notice thereunder written, by delivering the same to the wife of the said E. F., upon the premises aforesaid (or at the dwelling-house and place of residence of the said E. F.); and this deponent, at the same time, read over to the said wife of the said E. F., the said notice, and explained to her the intent and meaning of the said declaration and notice, and of the service thereof. (4.) Affidavit of Service of Declaration in Ejectment Between, &c. A. B., of, &c., maketh oath and saith, that he did one tenant, on, &c., personally serve C. D., tenant in possession of part of the premises in the declaration of of ejectment hereunto annexed mentioned, with a true copy of the said declaration, and of the notice thereunder written, and, at the same time, explained to him the meaning of the said declaration and notice, and of the service thereof; and this deponent further saith, that he did, on the same day, also (v) If the service be upon the wife, it must be stated that the service was on the premises, or at the husband's house, Doe d. Morland v. Bayliss, 6, T. R. 765, or, that the husband and wife were living together. Jenny d. Preston v. Cutts, 1 New R. 308; and see Doe d. Badham v. Roe, 2 B. and P. 55. (w) If the service be on the child or servant of the tenant, the affidavit must state, that the service was acknowledged by the tenant before the essoign day of the term, Roe d. Hambrook v. Doe, 14 East. 441. 1 Chit. 118. But see Smith d. Stourton v. Hurst, 1 H. Blk. 646. serve E. F., tenant in possession of other part (or residue) of the premises in the said declaration, and notice thereunder written, by delivering the same to, and leaving it with, L. F., the wife of the said E. F., at the dwelling-house of the said E. F., being a parcel of the premises in the said declaration mentioned; and this deponent, at the same time, read over the notice thereunder written to the said E. F., and explained to her the intent and meaning of such service. (5.) Affidavit of Service of Declaration in Ejectment, when on any other of the family. any other of A. B., of, &c., maketh oath and saith, that he Service on did on, &c., serve C. D., tenant, &c., by delivering the family." the same to the son of the said C. D., upon the premises aforesaid; and that he did, at the same time, read over to the said son of the said C. D., the said notice, and explained to him the intent and meaning of the said declaration and notice, and of the service thereof; and this deponent further saith, Acknowthat afterwards, on the day of, &c., this deponent saw the said C. D., and conversed with him upon the subject of this action, when the said C. D. told this deponent that he had received the copy of the declaration and notice as aforesaid, on the day of, &c. after such service. (6.) Affidavit of Service of Ejectment on Stat. 4, (x) For an explanation of this affidavit, see head "Ejectment." ledgment by tenant. Service under the c. 28. declaration upon a notorious part of the premises A. B., of, &c., (lessor of the plaintiff in this cause stat. 4 G. II. above-mentioned) and C. D., of, &c. (if the attorney, say "attorney for the said lessor of the plaintiff,") severally make oath and say; and first, this deponent, C. D., for himself, saith, that he did on, of affixing &c., affix a copy of the declaration in ejectment hereto annexed, and the notice thereunder written, upon the door of the messuage in the said declaration mentioned, (or in case the ejectment is not for the recovery of a messuage, insert" upon, &c. being a notorious place of the lands, tenements, or hereditaments comprised in the said declaration in ejectment,") there being no tenant then in actual possession thereof; and this deponent, A. B., for himself, saith, that before such copy of the said declaration in ejectment was so fixed as aforesaid, there was due to him, this deponent, as landlord of such messuage, (or "lands, tenements, or hereditaments," with the appurtenances, from E. F., the tenant thereof, the sum of £ for half a year's Of the amount due for rent. power rent, upon and by virtue of a lease, bearing date, &c. and made between, &c., and that no sufficient distress was then to be found upon the said messuage, (or "lands, tenements, or hereditaments,") with the appurtenances, countervailing the arrears of rent Ofthe then due to this deponent; and this deponent to re-enter. further saith, that, at the time of affixing the copy of the said declaration in ejectment as aforesaid, he had power to re-enter upon the said messuage, (or "lands, tenements, or hereditaments,") with the appurtenances, by virtue of the said lease, for the non-payment of rent, so in arrear as aforesaid. (y) (y) When the usual service can be made, the affidavit will be in the following form. In the &c. Between &c. A. B. of &c. lessor, of the above named plaintiff, and C. D. clerk to Form of affi- E. F. of &c. gentleman, attorney for the said lessor of the plaintiff davit when severally make oath and say; and first, this deponent C. D. for himself the usual saith, that he did on &c. (state the service as in the common form.) service can And this deponent A. B. for himself saith, that before the said declaration be effected. in ejectment was served as aforesaid, there was due to this deponent, as landlord of the said premises, from the said J. B. the tenant thereof, the sum of &c, for half a years's rent of the premises for which this action is brought, under and by virtue of a certain indenture of lease; and, that no sufficient distress was then to be found upon the said premises, countervailing the arrears of rent then due, and owing from the said J. B. to this deponent for the same. And the said A. B. further saith, that at (7.) Affidavit required by the Act 1 Geo. IV., c. 87, 8.1, in Addition to the usual Affidavit of Service of Declaration in Ejectment, to ground the Motion for Bail.(z) In the Q. B. (C. P., or Exch.) Between John Doe, on the demise of under the action is A.B.,of, &c., (lessor of the plaintiff above named,) Service C. D., of, &c., (attorney for the said A. B.,) and act 1 G. IV. E. F., of, &c., (clerk to the said A. B.,) severally c. 87, s. 1. make oath and say; and first, this deponent, A.B., of the prefor himself, saith, that this action is brought for the mises the recovery of a farm and premises, with the appur- brought for. tenances, situate in the parish of, &c., in the county of, &c., formerly held and occupied by G. H., as tenant thereof (a) to this deponent, under and by tenant. virtue of a certain indenture of lease, produced to this deponent, at the time of swearing this, his affidavit, for a certain time, which expired on, &c.; and that the said G. H. has been possessed of, and the time of serving the said declaration as aforesaid, he, this deponent had power to re-enter upon the said premises, by virtue of the said lease, for non-payment of the rent so in arrear as aforesaid. Howheld by Motion for (2) This act enables the landlord in the cases therein mentioned, (see the head Fjectment,) instead of moving for judgment in the ordinary way, to move for a rule to show cause "why the party should not undertake rule to show upon being admitted defendant, besides entering into the common rule and cause. giving the common undertaking, to give the plaintiff judgment, in case he obtain a verdict, of the term next preceding the trial, and why he should not enter into a recognizance by himself, and two sufficient sureties in a sum to be named by the court, to pay the costs and damages, which may be recovered in the action.' (a) If under an agreement and not a lease (as the act only applies to If the pre leases or agreements in writing between landlord and tenant) add here, in mises are case it be from year to year," from year to year," (or, as the case may be,) held under to this deponent, under and by virtue of the agreement in writing, pro- an agree duced to this deponent at the time of swearing this, his affidavit; and, ment. that the said G. H. has been possessed of and enjoyed the said, &c., under and by virtue of the said agreement, as tenant from year to year as aforesaid, (or, as the case may be,) for several years last past, and until the day of, &c, when his tenancy, as such tenant from year to year was determined by a certain notice to quit, given to (or by, as the case may be,) the said G. H.; and, that the said G. H. hath continued from thence hitherto to hold and occupy, and still doth hold and occupy the same. (Or state any under-letting, and the possession of the under tenant.) Of the exe lease. enjoyed the said messuage, farm, and premises, with the appurtenances, under and by virtue of the said lease, from the commencement of the term therein mentioned, until the expiration thereof as aforesaid, and hath continued from thence hitherto to hold and occupy, and still doth hold and occupy, cution of the the same, (if an under-tenant has been let into possession of the premises, state the fact); and this deponent, C. D., for himself, saith, that on or about the day of, &c., this deponent was present and did see the said G. H. duly sign, (b) seal, deliver, and execute the said lease produced to this deponent, also at the time of swearing this, his affidavit, and that the name G. H. thereunto subscribed, as party thereto, is of the hand-writing of the said G. H., and that the name C. D. thereunto subscribed, as witness of the execution thereof, is of the proper hand-writing of this deponent; and this deponent, E. F., for himself, saith, that he did on, &c., serve the said G. H., with a demand in writing, of the possession of the premises in question, by leaving the same for him with a servant of the said G. H., at his dwelling-house and usual place of abode, situate, &c., which said demand was directed to Mr. G.H., and was in the words and terms following, (here copy the words of the demand,)(c) and signed "A. B. ;" and this deponent, A.B., further saith, that(d) he caused the said G.H. to be served with the said demand in writing as aforesaid, in order that he, this deponent, might obtain possession of the premises aforesaid ;(e) but the said premises have not nor hath any part thereof been delivered up to this deponent, or to any person in his behalf; and this deponent further saith, that he did on, &c., personally serve the said G. H., the Agreement. From year (b) If an agreement only," duly sign the said agreement." (d) If from year to year add, "that the year of the tenancy aforesaid ended on the day of, &c., and that he caused," (as above). (e) If tenant from year to year add," but although this deponent hath since made several applications to the said G. H. for possession of the same, yet the said premises have not, nor hath any part thereof, been delivered up, &c. (as above), |