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Security from overholding tenant in civil bill ejectment.
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75. In any case in which the term or interest of any tenant under any lease of any lands for any term or number of years certain, or from year to year, or at the will and pleasure of the parties, shall have expired, or shall expire or be determined by notice to quit given either by the landlord or the tenant, and such tenant, or any one holding or claiming by or under him, shall refuse to deliver up possession accordingly, after lawful demand in writing made and signed by the landlord or his agent and served personally upon or left at the dwelling house or usual place of abode of such tenant or person, and the landlord shall proceed by action of ejectment for the recovery of the possession of the premises, it shall be lawful for him, at foot of the summons and plaint, to address a notice to such tenant or person of an application to the court in which the action shall be pending, that the defendant be required to find bail for such purposes as are herein-after mentioned; and upon the appearance of the party on such motion, or, in default of such appearance, on making the usual affidavit of the service of the summons and notice, it shall be lawful for the landlord producing the lease or other instrument regulating the terms of the tenancy, or some counterpart or duplicate thereof, and proving the execution of the same, and that the premises have been actually enjoyed under such lease or instrument in writing, and that the interest of the tenant has expired or been determined by a regular notice to quit, and that possession has been lawfully demanded, to move the court, or a judge thereof, that the tenant or other person shall, within six days from the date of such application, enter into a recognizance by himself and two sufficient sureties in a reasonable sum, conditioned to pay the costs and damages and mesne profits which shall be recovered by the plaintiff in the action; and it shall be lawful for the court or a judge to make such order thereon as shall seem to it to be just; and in case the tenant or other person shall refuse or neglect to comply with such order within the period aforesaid, then, upon an affidavit of the service thereof, the plaintiff shall be at liberty, notwithstanding any defence filed by such defendant, to enter up judgment in ejectment for the recovery of the possession of the premises and his costs of suit.
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