ART. 75.] EJECTMENT. 1669

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 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 suffi-
cient distress was to be found on the demised premises counter-
vailing the arrears then due 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, with-
out 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 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 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 mortgagee 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 sustained by such lessor or person entitled to the
remainder or reversion as aforesaid, and perform all the cove-