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988 11 GEO. 2, CAP. 19, USE AND OCCUPATION. Hereditaments, in that Part of Great Britain, called England, Dominion of Wales, or Town of Berwick upon Tweed, shall forthwith give Notice thereof to his or her Landlord or Land- lords, or his, her, or their Bailiff or Receiver, under Penalty of forfeiting the Value of three Years improved or Rack Rent of the Premisses so demised or holden in the Possession of such Tenant, to the Person of whom he or she holds; to be recovered by Action of Debt to be brought in any of His Majesty's Courts of Record at Westminster, or in the Counties Palatine of Chester, Lancaster, and Durham, respectively, or 738 in Use Courts of Grand-sessions* in Wales, wherein no Essoign, Protection, or Wager of Law shall be allowed, nor any more than one Imparlance. XIII. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for the Court where such Eject- ment shall be brought, to suffer the Landlord or Landlords to make him, her, or themselves Defendant or Defendants, by joining with the Tenant or Tenants, to whom such Declaration in Ejectment shall be delivered, in case he or they shall appear; but in case such Tenant or Tenants shall refuse or neglect to appear. Judgment shall be signed against the casual Ejector for want of such Appearance; but if the Landlord or Land- lords of any Part of the Lands, Tenements, or Hereditaments. for which such Ejectment was brought, shall desire to appear by himself or themselves, and consent to enter into the like Rule that by the Course of the Court the Tenant in Possession, in case he or she had appeared, ought to have done; then the Court, where such Ejectment shall be brought, shall and may permit such Landlord or Landlords so to do, and order a Stay of Execution upon such Judgement against the casual Ejector, until they shall make further Order therein. XIV. And to obviate some Difficulties that many Times occur in the Recovery of Rents, where the Demises are not by Deed, be it further enacted by the Authority aforesaid, That from and after the said Twenty fourth Day of June, it shall and may be lawful to and for the Landlord or Landlords, where the Agreement is not by Deed, to recover a reasonable Satisfaction for the Lands, Tenements or Hereditaments, held or occupied by the Defendant or Defendants, in an Action on the Case, for the Use and Occupation of what was so held or enjoyed; and if in Evidence on the Trial of such Action any |
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| Volume 194, Page 988 View pdf image (33K) |
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