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Time within which ejectment proceedings may be commenced. 79.(1) Where an appeal is made under Part XIII by the tenant or occupier against an order made in ejectment proceedings, he shall upon entering the recognizance referred to in section 149 further undertake according to the condition in the recognizance not to do, or suffer others to do, any waste, injury or dilapidation to the premises pending the appeal and to satisfy all rent, mesne profits or any sum accruing due to the landlord or owner under section 78(1) while the tenant or occupier continues in possession. (2) Where the tenant or occupier fails to observe such undertaking or any other condition of the recognizance, the court of summary jurisdiction which made the order against which the appeal was to be made, may, without prejudice to section 152, in ordering the estreat of the recognizance order that the landlord or owner may receive out of the sum due under the recognizance, an amount sufficient to cover any loss which the landlord or owner appears to the court to have sustained by the failure of the tenant or occupier to observe any condition of the recognizance.
© 1964 Crown Copyright
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