1923_CODE_OF_CIVIL_PROCEDURE — Page 127

1240

No. 3 of 1901.

Power on trial of ejectment by landlord against tenant to

CODE OF CIVIL PROCEDURE.

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.

(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 and two sufficient sureties in a reasonable sum conditioned to pay the damages and costs which may be recovered by 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 in case no cause is shown, to order such tenant or person, 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, give damages 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

for mesne

profits. 15 & 16 Vict. c. 76, s. 214.