Landlord and Tenant Law Amendment Act, Ireland 1860

Court may award restitution of possession in certain cases.


71. It shall be lawful for the said chairman, in case of any decree for possession for nonpayment of rent, and for the said Superior Court of Law in which any such judgment in ejectment for nonpayment of rent in favour of any landlord shall have been given and executed as aforesaid, or a judge thereof, on the application of the defendant or any other person having a specific interest in the lease or other contract of tenancy, and made within the period aforesaid, and after such payment or lodgment of the rent, arrears, and costs as aforesaid, to hear and determine in a summary manner the claim of such defendant to be restored to the possession of the premises so recovered, and to give such relief therein as a court of equity might have done, and to award a writ of restitution, or to refuse such application; provided, that the order or decision of a single judge in chamber may be reversed or varied by the Court, and that it shall be lawful for any person aggrieved by any such order or decision of any chairman to appeal therefrom to the next going judge of assize for the county, on payment of the costs already incurred, and entering into security by recognizance in the sum of three pounds to abide by the order of the said judge on such appeal; and such judge of assize shall, upon such appeal, have authority to make such order touching the application as shall seem to be just.

Ejectment for overholding.