EJECTMENT, in law, an action for the recovery of the pos session of land, together with damages for the wrongful withhold ing thereof. In the old English classifications of actions, as real or personal, this was known as a mixed action, because its object was twofold, viz., to recover both the realty and personal damages. It should be noted that the term "ejectment" applies in law to distinct classes of proceedings—ejectments as between rival claimants to land, and ejectments as between those who hold, or have held, the relation of landlord and tenant. Real and mixed actions were abolished in 1833. The action of ejectment has now been assimilated (under the name of action for the re covery of land) to ordinary actions by the rules of the supreme court, but is subject to one special rule, viz. that except by leave of the court or a judge the only claims which may be joined with one for recovery of land are claims in respect of arrears of rent or double value for holding over, or mesne profits (i.e., the value of the land during the period of the illegal possession), or damages for breach of a contract under which the premises are held or for any wrong or injury to the premises claimed (R.S.C., O. xviii. r. 2).
Where an action to recover land is brought against the tenant by a person claiming adversely to the landlord, the tenant is bound, under penalty of forfeiting the value of three years' im proved or rack rent of the premises, to give notice to the landlord in order that he may appear and defend his title (Law of Prop erty Act, 1925, s. 145). A landlord can recover possession in the county court (i.) by an action for the recovery of possession, where neither the value of the premises nor the rent exceeds Imo oo a year, and the tenant is holding over (County Courts Acts of 1888, s. 138, and 1903, s. 3) ; (ii.) by "an action of ejectment," where (a) the value or rent of the premises does not exceed f ioo, (b) half a year's rent is in arrear, and (c) no sufficient distress (see RENT) is to be found on the premises. Where a tenant at a rent not exceeding £20 a year of premises at will, or for a term not ex ceeding seven years, refuses or neglects, on the determination or expiration of his interest, to deliver up possession, such possession may be recovered by proceedings before justices under the Small Tenements Recovery Act, 1838. (See also the Housing Act, 1925, s. 13, and article HOUSING.) Under the Distress for Rent Act, and the Deserted Tenements Act, 1817, a landlord could have himself put by the order of two justices into premises de serted by the tenant where half a year's rent was owing and no sufficient distress could be found. The Courts (Emergency Powers) Acts, 1914-16, imposed temporary restriction on the recovery of premises during the World War. Under the Increase of Rent and Mortgage Interest (Restriction) Acts, 192o-25, landlords of dwelling houses to which those acts applied were prevented during their continuance from effectually raising the rents of such dwelling houses above specified limits, and except in certain cases from recovering possession thereof on the termina tion of the tenancy. (See LANDLORD AND TENANT; RENT.) An insured person in receipt of sickness benefit may be pro tected against proceedings in ejectment on the certificate of the medical practitioner attending him that the taking of such pro ceedings would endanger his life. Every such certificate continues in force for a week but may be renewed for similar periods up to, but not beyond, the expiration of three months; but proper secur ity for payment of rent must be found, if demanded, within a month. (National Health Insurance Act, 1924, s. 102.) In Ireland, the practice with regard to the recovery of land re sembled that of England. Possession might be recovered sum marily by a special endorsement of the writ, as in England; and there were analogous provisions with regard to the recovery of small tenements (see Land Act, 186o, ss. 84 and 89). The law with regard to the ejectment or eviction of tenants was consoli dated by the Land Act, 186o. (See ss. 52-66, 68-71, and fur ther under IRELAND; LANDLORD AND TENANT.) In Scotland, the recovery of land is effected by an action of "removing" or summary ejection. In the case of a tenant, "warn ing" is necessary unless he is bound by his lease to remove without warning. In the case of possessors without title, or a title merely precarious, no warning is needed. A summary process of remov ing from small holdings is provided for by the Sheriff Courts (Scotland) Act, 1907, s. 38, and as to actions of removing within the ordinary jurisdiction of the sheriff's court see ss. 34, 37.
In French law the landlord's claim for rent is fairly secured by the hypothec, and by summary powers which exist for the seizure of the effects of defaulting tenants. Eviction or annulment of a lease can only be obtained through the judicial tribunals. The Civil Code deals with the position of a tenant in case of the sale of the property leased. If the lease is by authentic act (acte au thentique) or has an ascertained date, the purchaser cannot evict the tenant unless a right to do so was reserved on the lease (art. 1743), and then only on payment of an indemnity (arts. If the lease is not by authentic act, or has not an ascertained date, the purchaser is not liable for indemnity (art. 1750). The tenant of rural lands is bound to give the landlord notice of acts of usur pation (art. 1768). There are analogous provisions in the Civil Codes of Belgium (arts. 1743 et seq.) and Holland (arts. 1613, 1614), and see the German Civil Code (arts. 535 et seq.). In many of the colonies there are statutory provisions for the recov ery of land or premises on the lines of English law. (Cf. Ontario, Rev. Stats. 1897, c. 17o, ss. 19 et seq.; Manitoba, Rev. Stats. 1902, c. 1903).
BIBLIOGRAPHY.-English Law: K. E. Digby, History of Real PropBibliography.-English Law: K. E. Digby, History of Real Prop- erty (3rd ed., 1884) ; Pollock and Maitland, Hist. of Eng. Law (1895) W. H. Fawcett, Landlord and Tenant (3rd ed., 1935) ; E. Foa, Land lord and Tenant (6th ed., 1924). Irish Law: F. Nolan and R. R. Kane's Statutes relating to the Law of Landlord and Tenant; J. Wylie, Judicature Acts (1900) . Scots Law: R. Hunter, Landlord and Tenant (4th ed., 1878) ; Erskine's Principles (21st ed., 1911) . (A. W. R.) In the United States the action of ejectment retains its essential common law character, namely that the action is a possessory one for the recovery of corporeal hereditaments. The procedure for maintaining the action has largely been modified by statute, the fictitious proceedings of the common law being generally abolished. The purpose of the action is to determine the legal right to possession, a determination of which may or may not involve the question of legal title. The plaintiff may also in the action of ejectment recover damages for the wrongful use and occupation of the property. Ejectment lies only for property interests of which possession can be given, that is, corporeal hereditaments. It will not, therefore, lie for an easement or a right of way. A lessee may maintain ejectment to recover possession of a term of years. The general principle governing maintenance of the action is that the plaintiff may recover only upon the strength of his title and not upon the weakness of his adversary's. Ordinarily the plaintiff's right of entry must be based upon a legal claim but many States have extended the scope of the action to permit recovery upon an equitable title as against the holder of a bare legal title where the equitable title is coupled with a right to possession. (J. M. LA.)