read and proclaimed in the court, according to the
form of the statute in such case made and pro-
vided, to wit, the statute made in the thirty-seventh
year of the Lord Henry VIII. late King of Eng-
land, in manner following, that is to say, the first
proclamation was made in the same court here on
Saturday, in the said session; the second procla-
mation was made on Tuesday, in that same session;
the third proclamation was made on Thursday, in
that same session; the fourth proclamation was
made in the open session, held at Lancaster afore-
said, on Monday, the 17th day of March, in the
33d year of the reign of the said Lord George the
Second; the fifth proclamation was made on Wed-
nesday, in the same session; the sixth procla
mation was made on Friday, in that same session;
the seventh proclamation was made in the open
session, held at Lancaster aforesaid, on Saturday,
the 17th day of August, in the 34th year of the
reign of the said Lord the King; the eighth pro-
clamation was made on Tuesday, in that same ses-
sion; and the ninth proclamation was made on
Thursday, in that same session, as by the said fine
and the proclamations made therein now remaining
in the court here of record more fully appears.
And the said Samuel Joseph Clegg saith, at the
time of the readings aforesaid, made in manner
aforesaid, all pleas ceased in the said court here
according to the form of the statute in such case
made and provided, whereby the tenements afore-
said with the appurtenances above demanded by
the said James Hardman, by reason of the said
fine with proclamations made thereon as aforesaid,
remained established to the said Robert Taylor and
VOL. I.
2 X

1817.

HARDMAN

v.

CLEGG.

1817.

HARDMAN

v.

CLEGG.

William Longworth, and the heirs of the said Robert, for ever; and this he the said Samuel Joseph Clegg is ready to verify; wherefore he prays judgment if the said James Hardman ought to have or maintain his aforesaid action thereof against him.

There was a further plea, in like form, of a fine levied on Saturday, the 24th day of March, in the 4th year of the reign of George the Third, between John Walmsley, gentleman, and James Lever, yeoman, plaintiffs, and James Russell and Ann his wife, defendants, of the said moiety of the said premises; and a further plea of a fine in the 10th year of the reign of George III. between James Gildart, Esq. plaintiff, and James Russell and Ann his wife, Edmund Ogden and Mary his wife, defendants, of the said moiety of the said premises. And of a further plea of a fine, levied in the 27th year of George III. between John Addison, plaintiff, and John Pilkington, and Sarah his wife defendants, of the said moiety; all which pleas were in the like form, and concluded, and this the said Samuel Joseph Clegg is ready to verify; wherefore he prays judgment, if the said James Hardman ought to have or maintain his aforesaid action thereof against him, &c.

JAMES HARDMAN

v.

And the said James Hardman as to the plea of the WILLIAM ROSCOE. said William Roscoe, by him first above pleaded, and whereby he hath put himself upon the Grand Assize, doth the like. And as to the said plea of the said Samuel Joseph Clegg,

by him secondly above pleaded, the said James Hardman saith, that by reason of any thing by the said Samuel Joseph Clegg in that plea above alleged, he ought not to be barred from having and maintaining his aforesaid action thereof against him, because he saith that the said Richard Pilkington, and Robert Taylor, and William Longworth, who were the parties to the said fine in the said second plea mentioned, had not, nor had any or either of them at the time of levying the said fine in that plea mentioned, any thing as of freehold in the moiety of the tenements, with the appurtenances above demanded, and whereof with other things the said fine is by the said second plea alleged to have been levied; but the said James Hardman, the demandant, in fact saith, that the said James Hardman, the cousin and heir of the said John Hardman, the nephew, before and at the time of levying the said fine in the said second plea mentioned, was seized of the said moiety of the said tenements, with the appurtenances above, demanded, in his demesne as of fee, whose estate therein he the said James Hardman, the demandant, now hath. And this he the said James Hardman, the demandant, prays may be inquired of by the country, &c. And as to the said plea of the said Samuel Joseph Clegg, by him thirdly abovepleaded, he saith, that by reason of, &c. because, &c (partes finis nil habuerunt, &c. tempore levatis, &c. in the same form only that the seizin is averred to be in James Hardman, the father of the demandant, whose estate J II. now has,) and this &c. Replication to fourth plea to like effect and in like form; replication to fifth plea to like effect,

1817.

HARDMAN

V.

CLEGG.

1817.

HARDMAN

D.

CLEGG.

and in like form; and conclusion to the country upon each. And the said Samuel Joseph Clegg, as to the replications of the said James Hardman to the said second, third, fourth, and fifth pleas of the said Samuel Joseph Clegg, and which he the said James Hardman hath prayed may be inquired of by the country, doth the like. Therefore in order to try the cause aforesaid between the parties aforesaid, to be tried by the Grand Assize; it is commanded to the sheriff that he summons by good summoners four lawful knights of his county, girt with swords, that they be here on

to make election of the assize aforesaid. The same day is given to the parties aforesaid to hear the election of the assize aforesaid, &c. And in order to try the several issues above joined, to be tried by the country, the sheriff is coinmanded that he cause to come here on

twelve, &c., by whom, &c. and who neither, &c. to recognize, &c., because as will, &c.

LANCASTER ASSIZES, 57 GEO. III.

HARDMAN, Demandant) A rule Nisi to obtain judg

ซ.

CLEGG, Tenant.

ment, as in case of a nonsuit, was afterwards ob

tained in the following form:-The first day of April 1817, upon reading the affidavit of George Todd, it was ordered by the Court, that the tenant in this causé be allowed such costs as the Prothonatory of this court, or his deputy, shall tax in his behalf, by reason of the demandant not having proceeded to the trial of some of the issues

in this cause at these Assizes, pursuant to the course and practice of this Court, unless good cause be shewn to the contrary at the sitting of the Court on Saturday next.

By the Court.-On motion of Mr. Richardson upon shewing cause, this rule was discharged; and at March Assizes, 1817, the following rule was entered into by consent.

LENT ASSIZES, 57 GEO. III.

HARDMAN, Demandant, The 26th day of March,

2.

CLEGG, Tenant.

1817, upon reading a for-
mer rule made in this

cause the 25th day of March instant, and upon
hearing counsel on both sides, and by consent of
the parties, their Counsel and Attornies. It is or-
dered by the Court, that the tenant be at liberty to
issue a writ of summons, returnable on the 1st day
of the present Assizes, commanding the sheriff to
return four knights to appear here in Court at the
return of the said writ, to choose the Grand Assize;
and that their appearance be duly recorded ac-
cording to the exigency of the said writ: and it is
further ordered by the like consent, that 20 jurors,
to be taken by the under sheriff out of the jury-
pannel, be returned for the trial of causes at the
next Assizes, and be considered as the recognitors
chosen by the said four knights, or if any or either
of them should not appear at the next Assizes, the
under sheriff shall be at liberty to supply the
places of such of them as shall so make default with
an equal number of the gentlemen attending the

1817.

HARDMAN

v.

CLEGG.