PLEADINGS, PRACTICE AND PROCESS AT LAW. 429

Ejectment.

An. Code, 1924, sec. 78. 1912, sec. 73. 1904, sec. 73. 1888, sec. 70,
1872, ch. 346, sec. 2. 1929, ch. 406.

78. 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-payment
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 he shall affix the same
upon the door of any demised messuage, or in case such action of eject-
ment shall not be for the recovery of any messuage, then upon some notori-
ous place of the lands, tenements or hereditaments comprised in such decla-
ration in ejectment; and such affixing shall be deemed legal service there-
of, 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 defendant for non-appearance, if it shall be made to appear
to the court where said suit is depending, by affidavit, or be proved upon
the trial in case the defendant appears, that half a year's rent was due be-
fore the said declaration was served and that the lessor or landlord had
power to re-enter, then and in every such case the lessor or landlord shall
recover judgment and execution in the same manner as if the rent in arrear
had been legally demanded and a re-entry made; and in case the lessee, or
his assignee, or other person claiming or deriving under the said lease
shall permit and suffer judgment to be had and recovered on such trial in
ejectment and execution to be executed thereon, without paying the rent
and arrears, together with full costs, and without proceeding for relief in
equity within six calendar months after such execution executed; in every
such case the said lessee, his assigns, and all other persons claiming and
deriving under the said lease shall be barred and foreclosed from all relief
or remedy in law or equity other than by bringing error or appeal for
reversal of such judgment, in case the same shall be erroneous; and the said
lessor or landlord shall from thenceforth hold the said demised premises
discharged from such lease; and if, on such ejectment, a verdict shall pass
for the defendant, or the plaintiff shall be non-suited therein, then, and in
every such case, the defendant shall have and recover his costs; provided
that nothing herein contained shall extend to bar the right of any mort-
gagee of such lease, or any part thereof, who shall not be in possession, so
as such mortgagee shall and do, within six calendar months after such
judgment obtained and execution executed, pay all costs and damages sus-
tained by such lessor or person entitled to the remainder or reversion as
aforesaid, and perform all the covenants and agreements which, on the
part and behalf of the first lessee, are and ought to be performed.
As to landlord and tenant, see art. 53.

87.

See notes to sec. 90.