AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
751
in the writ as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor or to the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the action.
508.-(1.) Any person appearing to a writ of summons for the recovery of immovable property shall be at liberty to limit his defence to part only of the property mentioned in the writ, describing that part with reasonable certainty in his memorandum of appearance, or in a notice entitled in the action and signed by him or his solicitor.
(2.) Such notice shall be served within four days after appearance; and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole property.
Limitation of defence to property.
part of
O.12 r. 28.
session.
O. 21 r. 21
509. No defendant in an action for the recovery of immovable property who is in possession by himself or by his tenant need plead his title, unless his defence depends on an equitable estate or right or he claims relief on any equitable ground against any right or title asserted by the plaintiff. But, except in the cases herein before mentioned, it shall be sufficient to state by way of defence that he is so in possession, and it shall be taken to be implied in such statement that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim. He may, nevertheless, rely on any ground of defence which he can prove, except as herein before mentioned.
Action of Ejectment.
510. Every tenant to whom any writ in ejectment is delivered, or to whose knowledge it comes, shall forthwith give notice thereof to his landlord or his agent, under penalty of forfeiting the value of three years' improved or rack rent of the premises demised or held in the possession of such tenant to the person of whom he holds, to be recovered by action in any Court having jurisdiction for the amount.
without
any
lessor
Duty of tenant to give notice to landlord of writ in ejectment.
15 & 16 Vict.
c. 76 s. 209.
Proceedings in ejectment by landlord against tenant for non-payment.
Ib. s. 210.
511. (1.) In all cases between landlord and tenant, as often as it happens that one half-year's rent is in arrear, and the landlord or to whom the same is due has right by law to re-enter for the non-payment thereof, the landlord or lessor may serve a writ in ejectment for the recovery of the demised premises; or in case the same cannot be legally served, or no tenant is in actual possession of the premises, then the landlord or lessor may affix a copy thereof upon the door of the demised messuage, which service shall stand in the place and stead of a demand and re-entry; and if it is made to appear to the Court at the trial that half a year's rent was due before the writ was served, and that no sufficient distress was to be
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