held a confession of the possession and ejectment,
and shall only put in issue the title to the premises
and right of possession, and the amount of damages
claimed by the plaintiff'; but any defendant may re-
fuse to appear or file a disclaimer of title to the land
or any part thereof, in which case the plaintiff shall
recover judgment against the defendant, so disclaim-
ing or refusing to defend, for the land or so much
thereof as shall not lie defended, but the costs shall
be subject to the discretion of the court, and the trial
shall then proceed against the party making defence,
under the rules and practice of the court, as the same
existed prior to the year eighteen hundred and sev-
enty, except so far as the same may be changed by
this Act: and the plaintiff shall also recover as daw-.
ages in this action the mesne profits and damages
sustained by him, and caused by the ejectment and
detention of the premises, up to the time of the
determination of the case.
! Sr, <'. 2. That in all cases between landlord and
tenant, as often as it shall happen that one-half year's
rent shall be in arrear, and the landlord or lessor to
whom the same is due hath right by law to re-enter
for the non-pigment thereof, such landlord or lessor
shall and may, without any formal demand or re-
entry, serve a copy of a declaration in ejectment for
the recovery of the demised premises: or in case the
same cannot be legally served, or no tenant be in
actual possession of the premises, then to affix the
same upon the door of any demised message, or in
case such action of ejectment shall not he for the recovery of; any message, then upon some notorious
place of the lands, tenements, or hereditaments com-
prised in such declaration in ejectment; and such
affixings shall be deemed legal service thereof, which
service or affixing such declaration in ejectment shall
stand in the place and stead of a demand and re-
entry; and in case of judgment against the defend-
ant for non-appearance, if it shall be made to appear
to the court where said suit is defending, by affidavit,
or be proved upon the trial in case the defendant
appears, that half a year's rent was due before the
said declaration was served, and no sufficient distress
was to be found on the demised premises counter-
|
Defendant
may refuse to
appear.
Plaintiff to
recover.
Cases betw'n
landlord and
tenant.
Serve a ropy
of derlarati'n.
|
