How execu tion of war be stayed. Section 3. holding over as aforesaid; and that the person serving the same shall read over the same to the person served, or with whom the same shall be left, as aforesaid, and explain the purport and intent thereof: provided that if the person so holding over cannot be found, and the place of abode of such person shall either not be known, or admission thereto cannot be obtained, for serving such summons, the posting up of the said summons on some conspicuous part of the premises so held over shall be deemed to be good service upon such person." And by section 3 it is enacted, "That in every rants of pos- case in which the person to whom any such warrant session may shall be granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of any such warrant as aforesaid shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry shall be made by virtue of the warrant; and in case any such tenant or occupier will become bound with two sureties as hereinafter provided, to be approved of by the said justices, in such sum as to them shall seem reasonable, regard being had to the value of the premises, and to the probable costs of an action, to sue the person to whom such warrant was granted with effect and without delay, and to pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action, or become non-suit therein, execution of the warrant shall be delayed until judgment shall have been given in such action of trespass; and if, upon the trial of such action of trespass, a verdict shall pass for the plaintiff, such verdict and judgment thereupon shall supersede the warrant so granted, and the plaintiff shall be entitled to double costs in the said action of trespass." Proceedings And by section 4 it is enacted, "That every such on the bond bond as hereinbefore mentioned shall be made to trespass. the said landlord or his agent, at the costs of such landlord or agent, and shall be approved of and in actions of Section 4. signed by the said justices; and if the bond so taken be forfeited, or if, upon the trial of the action for securing the trial of which such bond was given, the judge by whom it shall be tried shall not indorse upon the record in court that the condition of the bond hath been fulfilled, the party to whom the bond shall have been so made may bring an action, and recover thereon: provided always, that the court where such action as last aforesaid shall be brought, may, by a rule of court, give such relief to the parties upon such bond as may be agreeable to justice, and such rule shall have the nature and effect of a defeazance to such bond." constables, And by section 5 it is enacted, "That it shall not Protection be lawful to bring any action or prosecution against of justices, the said justices by whom such warrant as aforesaid &c. shall have been issued, or against any constable or peace officer by whom such warrant may be executed, for issuing such warrant, or executing the same respectively, by reason that the person, on whose application the same shall be granted, had not lawful right to the possession of the premises." lord has a be deemed a irregularity, in an action damage pro And by section 6 it is enacted, "That where the Where landlandlord, at the time of applying for such warrant lawful title, as aforesaid, had lawful right to the possession of he shall not the premises, or of the part thereof so held over as trespasser aforesaid, neither the said landlord nor his agent, by reason of nor any other person acting in his behalf, shall be but be liable deemed to be a trespasser by reason merely of any on the case irregularity or informality in the mode of proceed- for special ing for obtaining possession under the authority of ceeding from this act; but the party aggrieved may, if he think irregularity. fit, bring an action on the case for such irregularity or informality, in which the damage alleged to be sustained thereby shall be specially laid, and may recover full satisfaction for such special damage, with costs of suit: provided, that if the special damage so laid be not proved, the defendant shall be entitled to a verdict; and that if proved, but assessed by the jury at any sum not exceeding five shillings, the plaintiff shall recover no more costs N N Interpretation clause. than damages, unless the judge, before whom the trial shall have been held, shall certify upon the back of the record that in his opinion full costs ought to be allowed." And by section 7 it is enacted, "That in construing this act the word "premises" shall be taken to signify lands, houses, or other corporeal hereditaments; and that the word "person" shall be taken to comprehend a body politic, corporate, or collegiate, as well as an individual; and that every word importing the singular number shall, where necessary to give full effect to the enactments herein contained, be deemed to extend and be applied to several persons or things, as well as one person or thing; and that every word importing the masculine gender shall, where necessary, extend and be applied to a female as well as a male; and that the term "landlord" shall be understood as signifying the person entitled to the immediate reversion of the premises, or, if the property be held in joint tenancy, coparcenary, or tenancy in common, shall be understood as signifying any one of the persons entitled to such reversion; and that the word "agent" shall be taken to signify any person usually employed by the landlord in the letting of the premises, or in the collection of the rents thereof, or specially authorized to act in the particular matter by writing under the hand of such landlord."(7) Notice. THE SCHEDULE TO WHICH THE STATUTE REFERS. (1.) "Notice of Owner's Intention to apply to Justices to recover Possession. "I, [owner, or agent to, the owner, as the case may be,] do hereby give you notice, that unless peaceable possession of the tenement, [shortlydescribing it,] situate — which was held of me, (1) By section 8, the act is not to extend to Scotland. or of the said [as the case may be,] under a tenancy from year to year, or [as the case may be] which expired [or was determined] by notice to quit from the said or otherwise, [as the case may be,] on the day of, and which tene be given to shall, on next, of the clock of the ment is now held over and detained from the said Dated this To Mr. (Signed) [Owner or agent.] (2.) Complaint before two Justices.(m) trict of "The complaint of -,[owner or agent, &c., as Complaint. the case may be,] made before us, two of her majesty's justices of the peace, acting for the disin petty sessions assembled, who saith did let to —a tenement, consisting of -, for —, under the rent of and that the said tenancy expired [or was determined by notice to quit, given by the said as the case may be] on the day of ——; and that on the day of the said did serve on [the tenant overholding] a notice in writing of his intention to apply to recover possession of the said tenement, (a duplicate of which notice is hereto annexed,) by giving, &c. [describing the mode in which the service was effected]; and that, (m) "A duplicate of the notice of intention to apply is to be annexed to this complaint." Warrant. notwithstanding the said notice, the said re fused [or neglected] to deliver up possession of the said tenement, and still detains the same. of⋅ "Whereas, [set forth the complaint,] we, two of her majesty's justices of the peace, in petty sessions assembled, acting for the do authorize and command you, on any day within days from the date hereof, [except on Sunday, Christmas Day, and Good Friday, to be added if necessary,] between the hours of nine in the forenoon and four in the afternoon, to enter, (by force, if needful,) and with or without the aid of, the owner or agent, [as the case may be,] or any other person or persons whom you may think requisite to call to your assistance, into and upon the said tenement, and to eject thereout any person, and of the said tenement full and peaceable possession to deliver to the said [the owner or agent]. of Given under our hands and seals this day for the district of Evidence. Cases. EVIDENCE BETWEEN LANDLORD AND TENANT AT TRIAL. THE proofs by which a claimant in ejectment is required to support his claim, not only vary with the nature of his title(n) to the premises, but are also (n) The following is a summary of the cases as to general evidence of title: A tenant in possession is not a good witness to support his landlord's title, because it is to uphold his own possession.-Doe d. Foster v. Williams, Cowp. 621. Nor to prove anything connected with such title.-Doe |