1901_CODE_OF_CIVIL_PROCEDURE — Page 102

AD. 1901.] ·

CODE OF CIVIL PROCEDURE.

[No. 3.

753

ance of proceedings in ejectment of rent and costs.

on payment

613. If the lessee or his assignee, at any time before the trial in such Discontinu- eotment, pays or tenders to the landlord or lessor, his executors or inistrators, or his or their solicitor in the cause, or pays into Court, 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 c. 76 s. 212.

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.

.

any

term or

*

15 & 16 Vict.

Ejectment

by landlord against ten-

ant holding

over after

termination

of tenancy

by notice to.

514-(1.) Where the term or interest of any tenant holding under a lease or agreement in writing any immovable property for number of years certain, or from year to year, has expired or been de- termined, either by the landlord or tenant, by regular notice to quit, expiration of and the tenant, or any person holding or claiming by or under him, term or de- refuses to deliver up possession accordingly, after lawful demand in writing made and signed by the landlord or his agent and served per- Bonally 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 eject- ment 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 per- Bon requiring him to find such bail, if ordered by the Court, and for such purposes as are hereinafter next specified.

(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 how 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 mto a recognizance by himself and two sufficient sureties in a reasonable sum conditioned to pay the damages and costs which may be recovered y the claimant in the action; and it shall be lawful for the Court, upon. cause shown or upon affidavit of the service of the motion or summons time in case no cause is shown, to order such tenant or person, within a

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

50A

quit.

16. 8. 213.