1238
Proceedings
by landlord against tenant for non-payment of rent.
c. 76, s. 210.
No. 3 of 1901.. CODE OF CIVIL PROCEDURE.
511.-(1) In all cases between landlord and tenant, as in ejectment often as it happens that one half-year's rent is in arrear, and the landlord or lessor to whom the same is due has right by law to re-enter for the non-payment thereof, the landlord or lessor may, without any formal demand or re-entry, serve a 15 & 16 Vict. 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 any 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 found on the demised premises, countervailing the arrears then due, and that the landlord or lessor had power to re-enter, then the landlord or lessor shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made.
Limitation of right of lessee to relief on equitable grounds.
(2) In case the lessee or his assignee, or other person claiming or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without proceeding for relief on equitable grounds within six months after such execution executed, then the lessee, his assignee, and all other persons claiming and deriving under the lease shall be barred and foreclosed from all relief or remedy in law or equity, other than by bringing an appeal against such judgment; and the landlord or lessor shall from thenceforth hold the demised premises discharged from such lease; Provided that nothing herein contained shall extend to bar the right of any mortgagee of the lease, or any part thereof, who is not in possession, if such mortgagee within six months after such judgment obtained and execution executed, pays all rent in arrear and all costs and damages sustained by the lessor or person entitled to the remainder or reversion as aforesaid, and performs all the covenants and agreements which, on the part and behalf of the first lessee, are and ought to be performed.
512.-(1) In case the lessee or his assignee, or other person claiming any right, title, or interest in law or equity of, in, or to the lease, within the time aforesaid, applies to the court for relief on equitable grounds, such person
Page 125
Page 126
1238
Proceedings
by landlord against tenant for non-payment of rent.
c. 76, s. 210.
No. 3 of 1901.. CODE OF CIVIL PROCEDURE.
511.-(1) In all cases between landlord and tenant, as in ejectment often as it happens that one half-year's rent is in arrear, and the landlord or lessor to whom the same is due has right by law to re-enter for the non-payment thereof, the landlord or lessor may, without any formal demand or re-entry, serve a 15 & 16 Vict. 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 any 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 found on the demised premises, countervailing the arrears thon due, and that the landlord or lessor had power to re-enter, then the landlord or lessor shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made.
Limitation of right of lossop to relief on equitable grounds.
(2) In case the lessee or his assignee, or other person claiming or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without proceeding for relief on equitable grounds within six months after such execution executed, then the lessee, his assignee, and all other persons claiming and deriving under the lease shall be barred and foreclosed from all relief or remedy in law or equity, other than by bringing an appeal against such judgment; and the landlord or lessor shall from thenceforth -hold the demised premises discharged from such lease-;- Provided that nothing herein contained shall extend to bar the right of any mortgagee of the lease, or any part thereof, who is not in possession, if such mortgagee within six months after such judgment obtained and execution executed, pays all rent in arrear and all costs and damages sustained by the lessor or person entitled to the remainder or reversion as aforesaid, and performs all the covenants and agreements which, on the part and behalf of the first lessee, are and ought to be performed.
512.-(1) In case the lessee or his assignee, or other person claiming any right, title, or interest in law or equity of, in, or to the lease, within the time aforesaid, applies to the court for relief on equitable grounds, such person
Page 125Page 126
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