1130 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

shall and may, without any formal demand or re-entry, serve a
copy of a declaration in ejectment for the recovery of the de-
mised 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 ejectment shall not be for the recovery of any
messuage, then upon some notorious place of the lands, tenements
or hereditaments comprised in such declaration in ejectment; and
such affixing 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 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 before the said declaration was served, and.
no sufficient distress was to be found on the demised premises
countervailing the arrears then due, and that the lessor or land-
lord 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 per-
son 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 caiendar months after such execution
executed; in every such case the said lessee, his assignee, 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
than by bringing error or appeal for reversal of such judgment,
in case the same shall be erroneous; and the said lessor or land-
lord shall from thenceforth hold the said demised premises dis-
charged 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 mortgagee of such lease, or
any part thereof, who shall not be in possession, so as such mort-
gagee shall and do, within six calendar months after such judg-