824
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Discontinuance of proceedings in ejectment on payment of rent and costs.
15 & 16 Vict. c. 76, s. 212.
Ejectment by landlord against tenant holding over after expiration of term or determination of tenancy by notice to quit.
he is restored to his possession, shall pay to the landlord or lessor the amount by which the money so made by him fell short of the reserved rent for the time the landlord or lessor held the demised premises.
513. If the lessee or his assignee, at any time before the trial in such ejectment, pays or tenders to the landlord or lessor, his executors or administrators, or his or their solicitor in the cause, or pays into court, all the rent and arrears, together with the costs, then all further proceedings on the ejectment shall cease and be discontinued; and if the lessee, his executors, administrators or assigns, on such application as aforesaid, is or are relieved on equitable grounds, he and they shall have, hold and enjoy the demised premises according to the lease thereof made, without any new lease.
514.-(1) Where the term or interest of any tenant holding under a lease or agreement in writing any immovable property for any term or number of years certain, or from year to year, has expired or been determined, either by the landlord or tenant, by regular notice to quit, and the tenant, or any person holding or claiming by or under him, refuses to deliver up possession accordingly, after lawful demand in writing made and signed by the landlord or his agent and served personally on or left at the dwelling-house or usual place of abode of such tenant or person, and the landlord thereupon proceeds by action of ejectment for the recovery of possession, it shall be lawful for him, at the foot of the writ in ejectment, to address a notice to such tenant or person requiring him to find such bail, if ordered by the court, and for such purposes as are hereinafter next specified.
15 & 16 Vict. c. 76, s. 213.
(2) On the appearance of the party or, in case of non-appearance, on an affidavit of service of the writ and notice, it shall be lawful for the landlord, on his producing the lease or agreement or some counterpart or duplicate thereof, and proving the execution of the same by affidavit, and upon affidavit that the premises have been actually enjoyed under such lease or agreement, and that the interest of the tenant has expired or been determined by regular notice to quit, as the case may be, and that possession has been lawfully demanded in manner aforesaid, to apply to the court, by motion or summons, for such tenant or person to show cause, within a time to be fixed by the court on a consideration of the situation of the premises, why such tenant or person should not enter into a recognizance by himself
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