Landlord and Tenant Law Amendment Act, Ireland 1860

Restitution to be applied for within six months.

70. In case the defendant in any ejectment for nonpayment of rent, and the persons interested in the lease or other contract of tenancy, shall suffer a decree of possession or writ of habere facias possessionem to be executed, putting the landlord into possession of the premises, without paying the rent and arrears thereof, with full costs, or lodging the same in the Superior Court in which the ejectment was brought, or, in case of a civil bill ejectment, lodging the same with the clerk of the peace of the county within six months after the execution of the said decree or habere or writ of possession, and also making an application to be restored to the said possession to the court out of which such decree or writ shall have been issued, or to a judge thereof, within the said period of six months, or at the earliest opportunity after on which application can be reasonably made (and of which application the landlord shall receive due notice), in every such case, or in case the said court or a judge shall, upon such application decline to make an order for restitution thereon, the said defendant, and all other persons interested in the lease or other contract of tenancy, shall be debarred from all relief or remedy in law or in equity, other than by bringing an appeal from the said decree of the assistant barrister, or a writ of error to reverse such judgment of the Superior Court in case such decree or judgment shall be erroneous; and the said landlord shall from thenceforth hold the demised premises discharged from such lease or tenancy; provided, that nothing herein contained shall affect the right of redemption now by law reserved to any existing mortgagee claiming under a duly registered mortgage.