
    Kemble against Finch.
    The service of a second declaration in ejectment, by the plaintiff’s agent, though without his knowledge, is a waiver of the first.
    A declaration in ejectment, in this cause, was served on the tenant in possession, who soon after quitted, and another tenant came into possession, when a person acting as the agent of the plaintiff served a "second declaration on the new tenant. This was done without the knowledge of the plaintiff’s attorney, who proceeded under the first declaration, and took judgment against the casual ejector. A motion was now made to set aside the judgment, and all subsequent proceedings.
   Per Curiam.

By the service of a new declaration by the plaintiff’s agent, though without the knowledge of his attorney, the first declaration and service were waived. The plaintiff may, at any time, stay or waive his own proceedings, and his acts must bind* him. Ret the proceedings, in the first cause be set aside, and the lessor of the plaintiff pay the costs of this application.

Rule granted. 
      
      а) Tillinghast’s Adams on Ejectment, Hogan’s ed. 206. For the mode-,of serving declarations in ’ejectment under the Revised Statutes, see Gra. Prac. 2d ed. 825-829.
     