ESSENTIAL

1. That the ejectment be brought by a landlord against his tenant.

2. That the landlord has a right to re-enter for nonpayment of rent.

3. That there is at least one half-year's rent due, and

in arrear.

4. That there is no sufficient distress to be found on

the premises.

[NOTE. No formal demand of the rent need be proved.]

III. BY THE COMMON LAW PROCEDURE ACT, 1852 (a), the lessor may, with his writ of ejectment, serve a notice on the lessee, and call on him to find security for the costs and damages of the action; and in default may sign judgment for recovery of possession and costs.

1. Where there is a lease or agreement in writing,

2. Where the term has either

(i) Expired, or

(ii) Been determined by a regular notice to quit, and 3. Where the lessee refuses to quit after lawful demand

in writing.

IV. BY THE COUNTY COURT ACTs, 1856, SECT. 50 AND SECT. 52 (b), the lessor can get an order for possession from a county

court against the lessee.

1. For holding over.

(i) The term having expired, or

(ii) Having been determined by a legal notice to quit.

2. For non-payment of rent.

(i)

(ii)

Half a year's rent being in arrear.

There being no sufficient distress to be found on the premises.

(a) 15 & 16 Vict. c. 76, s. 213.

(b) 19 & 20 Vict. c. 108, ss. 50, 52, "The Small Tenements Act."

(iii) The lessor having a right to re-enter. Provided-

1. Neither the annual value of the premises, nor the rent, exceeds £50.

[And, under sect. 52, provided no fine or premium has been paid for the lease.]

2. No question of TITLE arises. (c)

3. The claim is by the landlord against his tenant. V. BY THE COUNTY COURT ACT, 1867, ejectment may be brought in all cases, notwithstanding a question of TITLE may arise. Provided (a.) Neither the annual value, nor the rent payable, exceeds £20. (d)

(3.) Proceedings cannot be taken under the "Small

Tenements Act." (e)

VI. JUSTICES IN PETTY SESSIONS MAY ISSUE A

§ MESNE

WARRANT TO THE

POLICE TO GIVE POSSESSION OF PREMISES TO A LANDLORD.

1. Where there has been a tenancy at will or for a term

not exceeding seven years.

2. The term has expired or been lawfully determined. 3. The tenant is holding over.

4. The annual rent payable does not exceed £20; and 5. No fine has been reserved or made payable. (ƒ)

PROFITS. Intermediate profits. That is, the profits which have been arising from the land between the time when the right of the plaintiff in ejectment first accrued, and the time of his recovery in the action of ejectment. § A claim for mesne profits may be joined in an action of ejectment. (g)

(c) Pearson v. Glasebrook, L. R. 3 Ex. 27; 9 & 10 Vict. c. 95, s. 58.

(d) 30 & 31 Vict. c. 142, ss. 11, 12.

(e) C. C. Rules, Order XXXVII. r. 25.

(f) 1 & 2 Vict. c. 74, s. 1.

(g) C. L. P. Act, 1852, s. 214, and Jud. Act, 1875, Order XVII. r. 2.

BOOK III.

RELATING TO PARTICULAR TORTS.

PART I.

OF THE INFRINGEMENT OF THE PRIVATE RIGHTS OF OWNERS AND OCCUPIERS OF LAND.

CHAPTER I.

SERVITUDES.

§ A SERVITUDE is a burthen imposed on a man's land for the benefit of adjoining land.

§ THE SERVIENT TENEMENT is the name given to the land, on which the burthen is imposed.

§ THE DOMINANT TENEMENT to that, in favour of which the servient tenement is burthened.

For instance, if Jones owns No. 1, and Smith owns No. 2, in a street, and the drain of No 1 has a right to empty itself into the drain of No. 2, the latter being connected with the main sewer in the street; No. 1 is a dominant tenement, and No. 2 is a servient tenement. And No. 1 has the benefit of the servitude with which No. 2 is burthened, by virtue of which the sewage of No. 1 is allowed to pass into the main through the drain pipes of No. 2.

1. NATURAL SERVITUDES are those, which are from the nature of the case the necessary adjunct to the properties, to which they are annexed.

1. The burthen of receiving all streams of water, which naturally flow down to them from adjoining land of a higher level.

Illustration. Under an award by enclosure commissioners, a drain was made over two adjoining closes, belonging respectively to Sharpe and to Hancock. Afterwards Sharpe opened a fresh drain into his part of the awarded drain, which consequently carried more water into the lower portion, which it was Hancock's duty to cleanse. In an action by Sharpe against Hancock, for not cleansing the drain, by reason of which the surface water accumulated on Sharpe's land, it was held, that Hancock was bound to provide for the due carrying off of such water as naturally flowed down to his land through the awarded drain; but not for additional water cast upon him by the act of the plaintiff. («)

2. The burthen of transmitting, unpolluted, all streams of water, flowing upon them, to adjoining land of a lower level.

Subject to the right of making such a reasonable use of the stream during its transit, as does not interfere with the enjoyment of the water by the next riparian owner.

Illustration. Wood & Co., and Waud & Co., were worsted spinners at Bradford; and each had mills on a stream called the Bowling Beck. Wood & Co.'s mills were lower down than Waud & Co.'s. The latter fouled the stream

(a) Sharpe v. Hancock, 7 M. & G. 354.