|
|
Irregularity in the proceeding not to make landlord, &c. a trespasser.
|
89. Where the landlord applying for such warrant has at the time of the granting of it some lawful right to the possession of the premises or of the part so holden over, the said landlord, or his agent or receiver, or other person acting on his behalf, shall not be deemed to be a trespasser by reason merely of any irregularity or informality in the mode of proceeding for obtaining possession under the authority of this Act, but the party aggrieved may bring an action for such irregularity or informality, in which the damages alleged to be sustained shall be specially laid, and may, unless such party shall have tendered sufficient amends before the commencement of such action, recover therein full satisfaction for such special damage, with costs of suit; but in case such special damage laid as aforesaid be not proved, the defendant shall be entitled to a verdict; and in case the said plaintiff shall recover no greater sum than five shillings for such special damage, he shall be entitled to no greater sum for costs than the amount of the damages so recovered, unless the judge before whom the cause is tried shall certify on the back of the record that in his opinion full costs ought to be allowed.
|
