1252
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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Power on trial of ejectment by landlord against tenant to give damages for mesne profits.
[15 & 16 Vict. c. 76 s. 214.]
Saving of other remedies of landlord. [ib. s. 215.]
Right of plaintiff to claim man-
within a time to be fixed on a consideration of all the circumstances, to find such bail, with such conditions and in such manner as may be specified in the order.
(3) If such tenant or person refuses or neglects to comply with the order and lays no ground to induce the Court to enlarge the time for obeying the same, then the landlord, on filing an affidavit that the order has been made and served and not complied with, shall be at liberty to sign judgment for recovery of possession and costs.
515. Where it appears, on the trial of any ejectment at the suit of a landlord against a tenant, that the tenant or his attorney has been served with due notice of trial, the Court shall, whether the defendant appears at the trial or not, permit the claimant on the trial, after proof of his right to recover possession of the whole or any part of the premises mentioned in the writ in ejectment, to go into evidence of the mesne profits thereof which have or might have accrued from the day of the expiration or determination of the tenant's interest in the same down to the time of the judgment given in the cause or to some preceding day to be specially mentioned therein; and the Court or jury on the trial finding for the claimant shall in such case give its judgment or their verdict upon the whole matter, both as to the recovery of the whole or any part of the premises and also as to the amount of damages to be paid for such mesne profits; and in such case the landlord shall have judgment within the time hereinbefore provided, not only for the recovery of possession and costs, but also for the mesne profits found by the Court or jury: Provided that nothing hereinbefore contained shall be construed to bar any such landlord from bringing any action for the mesne profits which may accrue from the judgment or verdict, or the day so specified therein, down to the day of the delivery of possession of the premises recovered in the ejectment.
516. Nothing in this Chapter shall be construed to prejudice or affect any other right of action or remedy which a landlord may possess in any of the cases hereinbefore provided for, otherwise than as hereinbefore expressly enacted.
CHAPTER XXII.
MANDAMUS.
Action of Mandamus.
517. The plaintiff in any action may indorse on the writ of summons a notice that the plaintiff intends to claim a writ