strict search to be made on every part (x) of the said premises, and there was not then, nor has there since been, to be found thereon, or any part thereof, sufficient distress, countervailing the said arrears of rent (y). Sworn [&c., as usual]. 3. The like, in cases within R. S. C., Ord. IX., r. 9 (z). [Proceed as directed in preceding form, but state also the facts showing that Ord. IX., r. 9, applies and that a copy of the writ has been posted upon the premises under that Rule. See the form No. 16, ante, p. 601.] 4. Order for Leave to sign Judgment (a). [Title, &c., as usual.] Upon reading the affidavit of A. B. and X. Y., filed herein the day of, 19--: It is ordered that the plaintiff be at liberty to sign judgment in this action, pursuant to the C. L. P. Act, 1852, s. 210. Dated 5. Appearance and other Forms of Proceedings. See post, Addenda. 5A. Proceedings under Ord. XIV. 6. Summons to stay Proceedings upon Payment of Rent and Arrears, with Costs, under C. L. P. Act, 1852, s. 212 (b). [Formal parts as usual in application to Master] for an order that it be referred to one of the Masters to compute the rent and arrears of rent due (a) It is necessary to swear positively that every part of the premises was searched (see Rees v. King, Forr. 19), and no sufficient distress was to be found (see Doe v. Roe, 2 Dowl. 413; Doe d. Hicks v. Roe, 1 Dowl. N. S. 180); unless search was prevented by the tenant preventing access (see Doe d. Co. v. Roe, 5 D. & L. 272; Hammond v. Mather, 3 F. & F. 151); in which case that fact must be stated. (y) This is sufficient, though more than half a year's rent be sworn to be due (Cross v. Jordan, 8 Exch. 149). An actual distress does not deprive the landlord of his remedy under the Act, if it is so far unproductive as to leave half a year's rent still due (Thomas v. Lulham, [1895] 2 Q. B. 400). (*) See ante, p. 601, n. (o). (a) This order is obtained ex parte on laying before the Master an affidavit of the facts, as in one of the above forms. See n. (q), supra, p. 620. (b) See 2 Pract. 14th ed. 1245. The acceptance of money paid into Court under this section does not operate as a waiver of other forfeitures (Toleman v. Portbury, L. R. 6 Q. B. 245; 7 Id. 344). from the defendant to the plaintiff, and to tax the plaintiff's costs of this action; and that upon the defendant paying to the plaintiff, or to his solicitor in this action, or, in case either of them shall refuse to accept the same, paying into Court, what the Master shall find due and allow for the said rent and arrears and costs, all further proceedings in this action be stayed. 7. Order thereon. [Formal parts as usual.] It is ordered that it be referred to one of the Masters to compute the rent and arrears of rent due from the defendant to the plaintiff, and to tax the plaintiff's costs in this action; and that, upon the defendant paying to the plaintiff, or to his solicitor in this action, or in case either of them shall refuse to accept the same, paying into Court, what the Master shall find due and allow for the said rent and arrears and costs, all further proceedings in this action [as to the nonpayment of rent] be stayed [with liberty for the plaintiff to proceed on any title other than for non-payment of rent ()]. 8. Summons for Relief from Forfeiture, under the C. L. P. Act, 1860, s. 1 (d). Formal parts as usual in application to Master] for relief under the C. L. P. Act, 1860, section 1, and for an order that upon such terms as to payment of arrears of rent, costs, or otherwise, as the Master may direct [or upon payment, &c., stating the proposed terms of relief (e)], the defendant [and (f)] be relieved from forfeiture of the premises comprised in the lease dated and made between and [or otherwise describe the premises], consequent on non-payment of any rent heretofore due [if the premises have been already taken in execution, add: and that possession of the said premises be restored to], and that all further proceedings in this action be stayed. [The order may be framed from the summons, inserting the precise terms on which the relief is granted.] (c) Omit the words in brackets if the ejectment is for any other forfeiture besides non-payment of rent. (d) See 2 Pract. 14th ed. 1245. The Master may give relief up to and within six calendar months after execution of the writ of possession, upon the same terms "as to payment of rent, costs, and otherwise, as in the Court of Chancery." (e) The usual terms are payment of rent, calculated up to the last rent day, and payment of plaintiff's full costs of the action. Where the landlord had obtained judgment, but without costs, the only costs ordered to be paid were those of the application (Croft v. L. and County Bank, 14 Q. B. D. 347). (f) The Act enables assigns of the lessee to apply, and assigns include sub-lessees (see Doe v. Byron, 1 C. B. 623) and mortgagees (see Doe v. Roe, 3 Taunt. 402), and assigns of the lessee's trustee in bankruptcy (Howard v. Fanshawe, [1895] 2 Ch. 581 ; but the original lessee must be made a party to the application (Hare v. Elms, [1893] 1 Q. B. 604). SECTION V.-EJECTMENT BY MORTGAGEE. 1. Summons to stay Proceedings on Payment of Mortgage Money (g). [Formal parts as usual in application to Master] for an order that, upon the defendant's bringing into Court in this action all the principal moneys and interest due to the plaintiff on his mortgage upon the premises for recovery of which this action is brought, and also all such costs as have been expended in any action or actions at law or in equity upon such mortgage, including the costs of this action (such money for principal, interest and costs to be ascertained and computed and taxed by one of the Masters), the money so brought into Court be deemed and taken to be in full satisfaction and discharge of such mortgage, and the defendant be discharged of and from the same accordingly; and further that, upon the said money being so brought into Court, the plaintiff, at the costs and charges of the defendant, do assign, surrender or reconvey the mortgaged premises and such estate and interest as the plaintiff has therein to the defendant and his heirs [or executors or administrators], or to such other person or persons as he or they shall for that purpose nominate or appoint; such assignment, surrender or reconveyance to be settled by one of the Masters in case the parties differ about the same, and the amount of such last-mentioned costs and charges to be ascertained by one of the Masters in case the parties differ about the same; and that, upon the said money being so brought into Court and the said last-mentioned costs and charges paid or tendered to the plaintiff or his solicitor, the plaintiff do deliver up all deeds, evidences and writings in his custody or power relating to the title to the said mortgaged premises to the defendant or his heirs [or executors or administrators], or to such other person or persons as he or they shall for that purpose nominate or appoint; and further that, upon the said money being so brought into Court, all further proceedings in this action (except for the purposes aforesaid) be stayed. 2. Order thereon. [Formal parts as usual.] It is ordered that upon the defendant's bringing into Court in this action [&c., as in the preceding form, subject to any variations directed by the Master]. 3. Order to stay Proceedings on Payment of Debt and Costs, and for a Reconveyance to be executed and Deeds delivered up. [Formal parts as usual] that it be referred to one of the Masters to ascertain what is due for principal and interest on the mortgage to the (g) This summons and the order to be made under it are provided for by C. L. P. Act, 1852, ss. 219, 220. See the enactments and practice, 2 Pract. 14 ed. 1247; Cole on Ejectment, 469. mentioned, and also to tax plaintiff, dated, in the affidavit of the plaintiff's costs in this action: And that the plaintiff accept the amount of such principal, interest and costs so ascertained in discharge of such mortgage, and execute an assignment or reconveyance to the defendant, or as the Master shall direct such consignment or reconveyance to be settled by the Master in case the parties differ: And that the plaintiff deliver up all deeds, evidences and writings in his possession relating to the premises comprised in such mortgage: and that in case of his refusal so to do, such principal, interest and costs be paid into Court, to abide further order, and be deemed and taken to be in full satisfaction of the said mortgage, and that all further proceedings in this action, save for the purposes aforesaid, be stayed. 4. Note in Writing controverting Right to redeem, &c.(h). [Title, &c., of action as usual.] I, the undersigned, as the solicitor [or agent] of the plaintiff, hereby insist that the defendant has not a right to redeem the mortgaged premises sought to be recovered in this action, because [here state the reason why he is not so entitled] [or hereby insist that the mortgaged premises sought to be recovered in this action are chargeable with other and different principal sums than what appear on the face of the mortgage dated that is to say, with the sum of £- (specify the sums so chargeable, and the time of the advance, and give short particulars of the deed, memorandum or writing (if any) creating the further charge)]. (h) See C. L. P. Act, 1852, s. 220; Cole on Eject. 730, 469; 2 Pract. 14th ed. 1248. I authorize and request you to distrain the goods and chattels [and growing crops] in and upon the dwelling-house [or farm, or lands] and premises known as situate at -, in the parish of ,being in the [county] of -, for £[years'] rent due to me from A. B., my tenant thereof, in respect of the same, at last; and to proceed thereon for the recovery of the said rent as the law directs. Dated Yours, &c., C. D. 2. Inventory of Goods distrained. An inventory of the goods and chattels distrained by me, C. D. [or B. B., as bailiff to Mr. C. D.], this day of, 19-, in the dwellinghouse [or farm, or lands] and premises of A. B., situate at, in the county of [if distress be made as bailiff, add: by the authority and on the behalf of the said C. D.], for £, being [years'] rent due to me [or to the said C. D.] on the 19-. day of In the dwelling-house. In the kitchen: One table [&c., setting out the goods]. 3. Notice of Distress. Mr. A. B., and all whom this may concern. Take notice that I [as bailiff to Mr. C. D., your landlord] have this day distrained, on the premises above mentioned, the goods and chattels specified in the above inventory, for £-, being [years'] rent for the said premises due to me [or to the said C. D.] on the - day of ——, 19—; and that unless you pay the said rent, with the charges of (a) The 51 & 52 Vict. c. 21, s. 7, prohibits any person from acting as bailiff to distrain for rent, unless authorized to act as such by certificate of a County Court. 40 C.F. |