Chambers for a rule or summons for such tenant or person to show cause, within a time to be fixed by the Court or Judge on a consideration of the situation of the premises, why such tenant or person should not enter into a recognizance by himself and two sufficient sureties in a reasonable sum conditioned to pay the costs and damages which shall be recovered by the claimants in the action; and it shall be lawful for the Court or Judge upon cause shown, or upon affidavit of the service of the rule or summons in case no cause shall be shown, to make the same absolute in the whole or in part, and to order such tenant or person, within a time to be fixed, upon a consideration of all the circumstances, to find such bail, with such conditions and it such manner as shall be specified in the said rule or summons, or such part of the same so made absolute; and in case the party shall neglect or refuse so to do, and shall lay no ground to induce the Court or Judge to enlarge the time for obeying the same, then the lessor or landlord filing an affidavit that such rule or order has been made and served and not complied with, shall be at liberty to sign judgment for recovery of possession and costs of suit in the form contained in the Schedule (A.) to this Act annexed, marked No. 21, or to the like effect. CCXIV. Wherever it shall appear on the trial of any ejectment, at the suit of a landlord against a tenant, that such tenant or his attorney hath been served with due notice of trial, the Judge before whom such cause shall come on to be tried shall, whether the defendant shall appear upon such trial or not, permit the claimant on the trial, after proof of his right to recover possession of the whole or of any part of the premises mentioned in the writ in ejectment, to go into evidence of the mesne profits thereof which shall or might have accrued from the day of the expiration or determination of the tenant's interest in the same down to the time of the verdict given in the cause, or to some preceding day to be specially mentioned therein; and the jury on the trial finding for the claimant shall in such case give their verdict upon the whole matter, both as to the recovery of the whole or any part of the premises, and also as to the amount of the damages to be paid for such mesne profits; and in such case the landlord shall have judgment within the time herein before provided, not only for the recovery of possession and costs, but also for the mesne profits found by the jury: Provided always, that nothing herein before contained shall be construed to bar any such landlord from bringing any action for the mesne profits which shall accrue from the verdict, or the day so specified therein, down to the day of the delivery of possession of the premises recovered in the ejectment. CCXV. In all cases in which such security shall have been given as aforesaid, if upon the trial a verdict shall pass for the claimant, unless it shall appear to the Judge before whom the same shall have been had that the finding of the jury was contrary to the evidence, or that the damages given were excessive, such Judge shall not, except by consent, make any order to stay judgment or execution, except on condition that within four days from the day of the trial the defendant shall actually find security, by the recognizance of himself and two sufficient sureties, in such reasonable sum as the Judge shall direct, conditioned not to commit any waste, or act in the nature of waste, or other wilful damage, and not to sell or carry off any standing crops, hay, straw, or manure No. 9. Clauses of Act of Parl. 15 & 16 Vic. c. 76, in force. On Rule or Summons absolute, if Tenant shall not conform, Judgment to be for the Landlord. On Trial of any Ejectment between Landlord and Tenant, Juries to give Damages for mesne profits down to to a day specified therein. the Verdict, or On Trials after Execution security. No. 9. Clauses of Act of Parl. 15 & 16 Vic. c. 76, in force. Bail in Error to discharge such security. Recognizances to be taken as other Recogni produced or made (if any) upon the premises, and which may happen to be thereupon, from the day on which the verdict shall have been given to the day on which execution shall finally be made upon the judgment, or the same be set aside, as the case may be: Provided always, that the recognizance last above mentioned shall immediately stand discharged and be of no effect, in case proceedings in error shall be brought upon such judgment, and the plaintiff in error shall become bound in the manner herein before provided. CCXVI. All recognizances and securities entered into as last aforesaid may and shall be taken respectively in such manner and zances of Bail. by and before such persons as are provided and authorized in respect of recognizances of bail upon actions and suits depending in the Court in which any such action of ejectment shall have been commenced; and the officer of the same Court with whom recognizances of bail are filed shall file such recognizances and securities, for which respectively the sum of two shillings and sixpence, and Actions on them no more, shall be paid; but no action or other proceeding shall be commenced upon any such recognizance or security after the expiration of six months from the time when possession of the premises, or any part thereof, shall actually have been delivered to the landlord. limited. Landlord to recover possession of Lands, &c., after service of Writ in Ejectment. Saving of former remedies. In Ejectment by Mortgagee, CCXVII. In all actions of ejectment hereafter to be brought in any of Her Majesty's Courts at Westminster by any landlord against his tenant, or against any person claiming through or under such tenant, for the recovery of any lands or hereditaments in any county, except London or Middlesex, where the tenancy shall expire, or the right of entry into or upon such lands or hereditaments shall accrue to such landlord, in or after Hilary or Trinity terms respectively, it shall be lawful for the claimant in any such action, at any time within ten days after such tenancy shall expire, or right of entry accrue as aforesaid, to serve a writ in ejectment in the form contained in the Schedule (A.) to this Act annexed, marked No. 13, except that it shall command the persons to whom it is directed to appear within ten days after service thereof in the Court in which such action may be brought; and the like proceedings shall be thereupon had as hereinbefore provided, save that it shall be sufficient to give at least six clear days' notice of trial to the defendant before the commission day of the assizes at which such ejectment is intended to be tried; and any defendant in such action may, at any time before the trial thereof, apply to a Judge by summons to stay or set aside the proceedings, or to postpone the trial until the next assizes; and it shall be lawful for the Judge, in his discretion, to make such order in the said cause as to him shall seem expedient. CCXVIII. Nothing herein contained shall be construed to prejudice or affect any other right of action or remedy which landlords may possess in any of the cases hereinbefore provided for, otherwise than hereinbefore expressly enacted. CCXIX. Where an action of ejectment shall be brought by any mortgagee, his heirs, executors, administrators, or assignees, for the Mortgagor's the recovery of the possession of any mortgaged lands, tenements, rendering the or hereditaments, and no suit shall be then depending in any of Principal, Interest, and Her Majesty's Courts of Equity in that part of Great Britain called England, for or touching the foreclosing or redeeming of such Costs in Court mortgaged lands, tenements, or hereditaments, if the person having right to redeem such mortgaged lands, tenements, or hereditaments, and who shall appear and become defendant in such action, shall, at any time pending such action, pay unto such mortgagee, or, in case of his refusal, shall bring into Court, where such action shall be depending, all the principal moneys and interest due on such mortgage, and also all such costs as have been expended in any suit at law or in equity upon such mortgage (such money for principal, interest, and costs to be ascertained and computed bythe Court where such action is or shall be depending, or by the proper officer by such Court to be appointed for that purpose), the moneys so paid to such mortgagee, or brought into such Court, shall be deemed and taken to be in full satisfaction and discharge of such mortgage, and the Court shall and may discharge every such mortgagor or defendant of and from the same accordingly; and shall and may, by rule of the same Court, compel such mortgagee, at the costs and charges of such mortgagor, to assign, surrender, or re-convey such mortgaged lands, tenements, and hereditaments, and such estate and interest as such mortgagee has therein, and deliver up all deeds, evidences, and writings in his custody, relating to the title of such mortgaged lands, tenements, and hereditaments, unto such mortgagor, who shall have paid or brought such moneys into the Court, his heirs, executors, or administrators, or to such other person or persons as he or they shall for that purpose nominate or appoint. CCXX. Nothing herein contained shall extend to any case where the person, against whom the redemption is or shall be prayed shall (by writing under his hand, or the hand of his attorney, agent, or solicitor, to be delivered before the money shall be brought into such Court of law, to the attorney or solicitor for the other side,) insist, either that the party praying a redemption has not a right to redeem, or that the premises are chargeable with other or different principal sums, than what appear on the face of the mortgage or shall be admitted on the other side; or to any case where the right of redemption to the mortgaged lands and premises in question in any cause or suit shall be controverted or questioned by or between different defendants in the same cause or suit; or shall be any prejudice to any subsequent mortgage or subsequent incumbrance, anything herein contained to the contrary thereof in anywise. notwithstanding. No. 9. Clauses of Act of Parl. 15 & 16 Vic. c. 76, in force. shall be deemed a full satisfac tion, and the Court may compel the Mortgagee to re-convey. Not to extend or to prejudice any subsequent Mortgage. CCXXI. The several Courts and the Judges thereof respectively Jurisdiction of shall and may exercise over the proceedings the like jurisdiction Courts and Judges. as heretofore exercised in the action of ejectment, so as to insure a trial of the title, and of actual ouster, when necessary only, and for all other purposes for which such jurisdiction may at present be exercised; and the provisions of all statutes not inconsistent with the provisions of this Act, and which may be applicable to the altered mode of proceeding, shall remain in force and be applied thereto. And whereas the power of amendment now vested in the Courts Amendment. and the Judges thereof is insufficient to enable them to prevent the failure of justice by reason of mistakes and objections of forms: Be it enacted as follows: CCXXII. It shall be lawful for the superior Courts of common Amendment. law, and every Judge thereof, and any Judge sitting at Nisi Prius, No. 9. Clauses of Act of Parl. 15 & 16 Vic. c. 76, in force. Power to Judge to make Rules and frame Rules may be made by each Court for the government of its officers. Effect of Injunction. Injunctions and Orders to stay Proceed ings to have a specific effect. at all times to amend all defects and errors in any proceeding in civil causes, whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend, or not; and all such amendments may be made with or without costs, and upon such terms as to the Court or Judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made. And in order to enable the Courts and Judges to carry this Act thoroughly into effect, and to enable them from time to time to make rules and regulations and to frame writs and proceedings for that purpose, be it enacted as follows: CCXXIV. Such new or altered writs and forms of proceedings may be issued, entered, and taken, as may by the Judges of the said Courts, or any eight or more of them, of whom the chiefs of each of the said Courts shall be three, be deemed necessary or expedient for giving effect to the provisions herein before contained, and in such forms as the Judges of such Courts respectively shall from time to time think fit to order; and such writs and proceedings shall be acted upon and enforced in such and the same manner as writs and proceedings of the said Courts are now acted upon and enforced, or as near thereto as the circumstances of the case will admit; and any existing writ or proceeding, the form of which shall be in any manner altered in pursuance of this Act, shall nevertheless be of the same force and virtue as if no alteration had been made therein, except so far as the effect thereof may be varied by this Act. CCXXV. It shall and may be lawful to and for the Judges of each of the said Courts from time to time to make such rules and orders for the government and conduct of the ministers and officers of their respective Courts, in and relating to the distribution and performance of the duties and business to be done and performed in the execution of this Act, as such Judges may think fit and reasonable: Provided always, that no additional charge be thereby imposed on the suitors. And whereas it is expedient that injunctions and orders to stay proceedings should be rendered more effectual, be it enacted as follows: CCXXVI. In case any action, suit, or proceeding in any Court of law or equity shall be commenced, sued, or prosecuted, in disobedience of and contrary to any writ of injunction, rule or order of either of the superior Courts of law or equity at Westminster, or of any Judge thereof, in any other Court than that by or in which such injunction may have been issued, or rule or order made, upon the production to any such other Court or Judge thereof of such writ of injunction, rule, or order, the said other Court (in which such action, suit, or proceeding may be commenced, prosecuted, or taken), or any Judge thereof, shall stay all further proceedings contrary to any such injunction, rule, or order; and thenceforth all further and subsequent proceedings shall be utterly null and void to all intents and purposes: Provided always, that nothing herein contained shall be held to diminish, alter, abridge, or vary the liability of any person or persons commencing, suing, or prosecuting any such action, suit, or proceeding contrary to any injunction, rule, or order of either of the Courts aforesaid, to any attachment, punishment or other proceeding to which any such person or persons are, may, or shall be liable in cases of contempt of either of the Courts aforesaid, in regard to the commencing, suing, or prosecuting such action, suit, or proceeding. No. 9. Clauses of Act of Parl. 15 & 16 Vic. c. 76, in force. SCHEDULE (A.) REFERRED TO IN THE FOREGOing Act. We command you, That within Eight Days after the service of this Writ on you, inclusive of the Day of such Service, you do cause an Appearance to be entered for you in Our Court of in an Action at the suit of A. B. and take notice, that in default of your so doing the said A. B. may proceed therein to Judgment and execution. Witness, &c. MEMORANDUM TO BE SUBSCRIBED ON THE WRIT. N. B.-This Writ is to be served within (Six) Calendar INDORSEMENT TO BE MADE ON THE WRIT BEFORE SERVICE THEREOF. INDORSEMENT TO BE MADE ON THE WRIT AFTER SERVICE THEREOF. This Writ was served by X. Y. [i. e. by the Provost Marshal or his lawful Deputy at Grand Turk,] on L. M. [the Defendant or one of the Defendants], on Monday the day of Schedule A. WRIT WHERE THE DEFENDANT, BEING A BRITISH SUBJECT, We command you, That within [here insert a sufficient Number of Days within which the Defendant might appear, with reference to the |
