PART V. OF THE PRACTICE IN EJECTMENT, MESNE PROFITS, WASTE, NUI- CHAPTER I. OF THE PRACTICE IN THE ACTION OF EJECTMENT. in what cases We have already had occasion to inquire, in our general Ejectment; view of actions, as to the nature of this remedy, and have a remedy. seen that it is retained by the revised statutes, and may be brought in the cases and in the manner heretofore accustomed, subject to the provisions contained in the statutes. We have also seen that the writ of right, and other real actions are abolished; and that the action of ejectment may now be brought in the same cases in which a writ of right might formerly have been brought to recover lands, and by any person claiming an estate therein in fee or for life, either as heir, devisee, or purchaser. The action of ejectment is thus made the only remedy for the trial of title to lands, or of the right of possession, in ordi Arrangement of the subject. nary cases. Some varieties in the mode of proceeding in each of these cases, as provided by statute, will render it most convenient to treat of the action under the following heads: 1. Ejectment in ordinary cases; under which will be considered the proceedings in the action generally, including the general statutory provisions concerning actions relating to real property: 2. Ejectment for dower: 3. Ejectment upon right of reentry for non-payment of rent, or otherwise and 4. Ejectment on compulsory proceedings. SECTION I. EJECTMENT IN ORDINARY CASES. Having sufficiently considered the cases in which ejectment may be brought, it will be only necessary now to treat of the proceedings in the action, and of such steps as must be taken, in order to commence it. An actual entry is no longer necessary, in any case, in order to bring ejectment.s 4 COMMON EJECTMENT. quit, cases of es or by suffer Qu. as to es years? Notice to quit.] Where the action is by a landlord, to re- Notice to cover the possession of the premises from a tenant at will, or necessary in by sufferance, a notice to quit must have been given in order tates at will to maintain the action. Estates from year to year appear to ance be abolished by the revised statutes. They make a particular tates for division of estates in lands, equivalent perhaps to a definition of those estates, and the exclusion of any not enumerated in the division. Among these, estates from year to year are not mentioned, but only the estates from which they sprung, namely, estates at will, and by sufferance; and as the statutes require that a notice to quit should be given in order to terminate these last estates, which was not before necessary, it was probably intended that the practice of the courts in relation to estates from year to year, in requiring six months notice to quit, should be discontinued, and no other notice be necessary in any case, than that provided for by statute.5 Believing this to be the correct construction of the statutes, the whole subject of notice to quit as it formerly existed, about which there were many decisions, will be omitted," and those sections of the statutes simply be given which provide for notice to tenants at will or by sufferance, which are as follows: provisions, "Wherever there is a tenancy at will, or by sufferance, Statutory created by the tenant's holding over his term, or otherwise, the same may be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom. Such notice shall be served by delivering the same to such tenant, or to some person of proper age, residing on the premises; or if the tenant cannot be found, and there be no such person residing on the premises, such notice COMMON EJECTMENT. Declaration; names of parties; no demise; defendant's may be served by affixing the same on a conspicuous part of the premises, where it may be conveniently read. At the expiration of one month from the service of such notice, the landlord may re-enter, or maintain ejectment, or proceed in the manner prescribed by law, to remove such tenant, without any further or other notice to quit."9 Declaration.] The action is commenced by the service of the declaration, in which the names of the real claimants are required to be inserted as plaintiffs.10 If the premises for which the action is brought, are actually occupied by any person, such actual occupant must be named defendant in the declaration; if they are not so occcupied, the action must be brought against some person exercising acts of ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the suit.11 The statutes abolish the statement of a lease or demise to the plaintiff, and of an ejectment by a casual ejector,12 and averment of provide, that "it shall be sufficient for the plaintiff to aver in entry, &c.; his declaration, that on some day therein to be specified, and which shall be after his title accrued, he was possessed of the premises in question, describing them as herein after provided, and being so possessed thereof, that the defendant afterwards, on some day to be stated, entered into such premises, and that he unlawfully withholds from the plaintiff the possession thereof, to his damage, any nominal sum the plaintiff shall think proper to state."'18 description The premises claimed are required to be described with of premises; convenient certainty, designating the number of the lot or township, if any, in which they shall be situated; if none, stating the names of the last occupants of lands adjoining the same, if any; but if there be none, stating the natural boundaries, if any; and if none, describing such premises by |