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Summary recovery of possession of cottier tenements for nonpayment of rent.
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85. In case any gale of rent or compensation reserved or payable upon any such cottier tenement shall be in arrear for the space of forty days, it shall be lawful for the landlord of the premises to exhibit his complaint in respect thereof before a justice or justices of the peace in petty sessions, and to cause the said tenant to be served with a summons in writing, signed by a justice or justices having jurisdiction in the place in which the premises shall be situate, to appear before two or more justices at the petty session or other place in which such justices usually meet for the despatch of public business, to show cause why possession of the said premises should not be delivered up to his landlord, or his agent or receiver; and such justices, or any two or more of them, shall, in the presence of such tenant, or on proof of the service of the said summons on the said tenant personally or by leaving a copy of the same at his usual place of abode, determine the matter; and if it shall appear to the said justices that at least one gale of such rent, over and above all just credits and allowances and any valid set-off claimed by the tenant, is in arrear for the space of forty days aforesaid, the said justices shall cause their warrant to be prepared, directing possession of the said premises to be delivered to the landlord, and to be executed by any special bailiff therein named; and such warrant shall be obeyed and executed by such bailiff, who shall have full power and authority so to do.
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