RECOVERY OF SMALL TENEMENTS.—Special summary proceed ings are available to a landlord who desires to effect the EJECTMENT of a tenant of premises which are let at a rent not exceeding £50 per annum. He may proceed either in a county court, or, if the rent does not exceed ,e2o, in a court of summary jurisdiction. The County pro cedure varies somewhat according to whether possession of the premises is required because the term has expired or been determined by notice, or because the tenant has made default in payment of the rent. IVhere term expired or been determined by notice.—For the County Court to have juris diction it is necessary that neither the value of the premises nor the rent exceeds X50 per annum, and that no fine or premium has been paid. When the term or interest of the tenant of such premises has expired, or has been determined either by the landlord or tenant by notice to quit, and the tenant, or some person claiming under him, neglects or refuses to give up possession, the landlord can take out a summons in the County Court against the tenant or such other person for the recovery of the premises. And he can also claim in the same summons rent or mesne profits, or both, down to the day appointed for the hearing, or to any preceding day named therein, so long as the claim does not exceed .£50. On the hearing of the summons the judge will order that possession be given by the defendant to the plaintiff, either forthwith or on or before such day as the judge thinks fit to name. But such an order will be made only if the defendant does not, at the hearing, show good cause to the contrary ; and upon proof of his still neglecting or refusing to give up possession; and of the yearly value and rent of the premises ; and of the holding; and of the expiration or other determination of the tenancy, with the time and manner thereof ; and of the title of the plaintiff, if such title has accrued since the letting of the premises ; and of the service of the summons, if the defendant does not appear thereto. For non-payment of rent.—In such a case the County Court has jurisdiction where " neither the value of the premises ;nor the rent payable in respect thereof" exceeds l50 per annum. The landlord can take out a summons, which stands in lieu of any formal demand or re-entry, for the recovery of possession when the rent of the premises for one half-year is in arrear, and the landlord has right by law to re-enter for its non-payment. If the tenant pays into Court, five clear days before the return day of the summons, all the rent in arrear and the costs, the action will cease. But if he does not make such payment, and does not at the hearing show good cause why the premises should not be recovered, then, on certain proof being furnished by the landlord, the latter can obtain an order for possession. This possession may be ordered by the judge to be given
on or before sonic day he thinks fit, not less than four weeks from the day of hearing, unless within that period all the rent in arrear and costs are paid into Court. The landlord must be prepared at the hearing with proof of—the yearly value and rent of the premises ; and of the fact that one half-year's rent was in arrear before the summons was issued ; and that no sufficient distress was then to be found on the premises to countervail such arrear ; and of his power to re-enter ; and of the rent being still in arrear ; and of his title if it has accrued since the letting of the premises ; and of the service of the summons if the defendant does not appear thereto. The order for possession is made effective by the issue of a warrant to a bailiff of the Court to give possession to the plaintiff. Gencrally.—A sub-tenant served with a summons to recover possession must give notice to his immediate landlord, who may come in and defend.
A court of summary jurisdiction can entertain proceedings for eject ment in cases where the interest of the tenant in the premises is that of a tenant at will, or for any term not exceeding seven years without rent, or at a rental not exceeding ‘,42,'N per annum without a fine having been reserved, provided his interest has been determined by legal notice to quit. Then if the tenant refuses to give up possession, the landlord or his agent should serve him with a written notice according to a prescribed form, signed by either one of them, informing him that application for possession will be made to the magistrates at the expiration of seven clear days from the service of that notice. On the hearing the magistrates may order possession within some period not less than twenty-one or more than thirty clear days from the date of the warrant.
sum of money payable by the holder of a dis honoured foreign bill of exchange, which is equivalent to the current sight exchange on the amount of the bill at the place of its presentation, upon the place at which it was drawn or indorsed. This sum is ascertained by the broker or agent who has presented the bill on behalf of its holder, and is set out in a Certificate of Re-exchange. The certificate is forwarded to the holder, accompanied by a Re-exchange Account vvhich enumerates the expenses of the dishonour—e.g. the cost of the protest, brokerage on redraft, stamp on latter, postages, and agent's commission. The holder is then in a position to charge the total sum to the defaulting payee. The term is also used to denote the new bill, if any, drawn to replace the dishonoured one. See FOREIGN BILLS AND EXCIIANGE.