1923_CODE_OF_CIVIL_PROCEDURE — Page 126

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1239

shall not be entitled to a stay of the proceedings on such 15 & 16 Vict. ejectment, unless, within forty days next after a full and c. 76, s. 211. perfect answer to such application has been made by the claimant in such ejectment, he pays into court such sum of money as the landlord or lessor in his answer swears to be due and in arrear over and above all just allowances, and also the costs taxed in the said action, there to remain until the trial of the cause, or to be paid out to the landlord or lessor or on good security, subject to the judgment of the

court.

(2) In case such application for relief on equitable grounds is made within the time aforesaid and after execution is executed, the landlord or lessor shall be accountable only for so much and no more as he may really and bonâ fide, without fraud, deceit, or wilful neglect, make of the demised premises from the time of his entering into the actual possession thereof; and if what is so made by the landlord or lessor happens to be less than the rent reserved on the lease, then the lessee or his assignee, before he shall be re- stored 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 Discontinu- trial in such ejectinent, pays or tenders to the landlord or ance of lessor, his executors or administrators, or his or their solici- in ejectment proceedings tor in the cause, or pays into court, all the rent and arrears, on payment together with the costs, then all further proceedings on the costs. ejectment shall cease and be discontinued; and if the lessee, 15 & 16 Vict. 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 accord- ing to the lease thereof made, without any new lease.

c. 76, s. 212.

against

expiration

514.--(1) Where the term or interest of any tenant hold- Ejectment. ing under a lease or agreement in writing any immovable by landlord property for any term or number of years certain, or from tenant hold- year to year, has expired or been determined, either by the ing over after landlord or tenant, by regular notice to quit, and the tenant, of term or or any person holding or claiming by or under him, refuses determination to deliver up possession accordingly, after lawful demand in by notice to writing made and signed by the landlord or his agent and quit. served personally on or left at the dwelling-house or usual c. 76, s. 213,

of tenancy

15 & 16 Vict.