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LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 75

Security from overholding tenant in civil bill ejectment.

75. In any case in which the term or interest of any tenant under any lease of
any lands for any term or number of years certain, or from year to year, or at
the will and pleasure of the parties, shall have expired, or shall expire or
be determined by notice to quit given either by the landlord or the tenant,
and such tenant, or any one holding or claiming by or under him, shall refuse
to deliver up possession accordingly, after lawful demand in writing made and
signed by the landlord or his agent and served personally upon or left at the
dwelling house or usual place of abode of such tenant or person, and the
landlord shall proceed by action of ejectment for the recovery of the
possession of the premises, it shall be lawful for him, at foot of the summons
and plaint, to address a notice to such tenant or person of an application to
the court in which the action shall be pending, that the defendant be required
to find bail for such purposes as are herein-after mentioned; and upon the
appearance of the party on such motion, or, in default of such appearance, on
making the usual affidavit of the service of the summons and notice, it shall
be lawful for the landlord producing the lease or other instrument regulating
the terms of the tenancy, or some counterpart or duplicate thereof, and
proving the execution of the same, and that the premises have been actually
enjoyed under such lease or instrument in writing, and that the interest of
the tenant has expired or been determined by a regular notice to quit, and
that possession has been lawfully demanded, to move the court, or a judge
thereof, that the tenant or other person shall, within six days from the date
of such application, enter into a recognizance by himself and two sufficient
sureties in a reasonable sum, conditioned to pay the costs and damages and
mesne profits which shall be recovered by the plaintiff in the action; and it
shall be lawful for the court or a judge to make such order thereon as shall
seem to it to be just; and in case the tenant or other person shall refuse or
neglect to comply with such order within the period aforesaid, then, upon an
affidavit of the service thereof, the plaintiff shall be at liberty,
notwithstanding any defence filed by such defendant, to enter up judgment in
ejectment for the recovery of the possession of the premises and his costs of
suit.

© 1860 Crown Copyright

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