Civil Bill Courts (Ireland) Act, 1851

Ejectment against servants, caretakers, and tenants at will.

82. [Recital.] If any person who shall have been heretofore, or shall hereafter be, by the owner of any land, tenements, or hereditaments, or by his agent, receiver, or bailiff, put or let into occupation or possession thereof by permission, or as servant or caretaker, or as tenant strictly at will or by sufferance, shall refuse or omit to quit and deliver up possession of the said premises, on demand made by the owner thereof, or his known agent or bailiff, it shall and may be lawful for such owner, his heirs, executors, administrators, or assigns (after such demand and refusal or omission to deliver up the same), to proceed by civil bill ejectment process for the recovery of the possession thereof against such person or persons so in occupation or possession, or any person or persons being or claiming to be in occupation or possession by, through, or under such person or persons; and it shall and may be lawful for the respective assistant barrister or recorder to hear and determine such civil bill in the same or like manner as he is hereby empowered in cases of ejectment against over-holding tenants, and to make a decree or dismiss thereon: Provided always, that nothing in this provision contained shall be deemed to affect or prejudice any right or remedy which any such owner of land, his heirs, executors, administrators, or assigns, might have used or exercised in such case for taking or obtaining the actual possession of such premises, if this Act had not been passed.

[S. 83 rep. 55 & 56 Vict. c. 19. (S.L.R.)]