Landlord and Tenant Law Amendment Act, Ireland 1860

Summary recovery of possession of tenements overholden.

86. In case the term or interest of any tenant in any such cottier tenement shall have ended, or shall have been duly determined by a notice to quit, and such tenant or any person by whom the premises or any part of them shall be then actually occupied shall neglect or refuse to deliver up the possession of the same, or in case any person shall have been put or shall be put into possession of any lands or premises by permission of the owner, as servant, herdsman, or caretaker, and shall refuse or omit to quit and deliver up the possession of the premises, on demand made by the owner thereof, or his known agent or receiver, it shall be lawful for the landlord or owner of the said premises, or his heirs, executors, or administrators, or his known agent or receiver, to cause the person so neglecting or refusing to quit or deliver up the possession to be served with a summons in writing, signed by a justice or justices not interested in the said premises, but having jurisdiction in the place in which the premises shall be situate, to appear before two or more justices at the petty sessions, town hall, or divisional justice room, or other place in which such justices usually meet for the despatch of public business of such city, town, district, or other place, to show cause why possession of the said premises should not be delivered up to such landlord or owner, or his agent or receiver as aforesaid; and if the said tenant or occupier shall not appear at the time and place appointed, or if such tenant or occupier shall appear and shall not show to the satisfaction of such justices reasonable cause why possession should not be given, and shall still neglect or refuse to deliver up possession of the said premises, or such part of them as was in his actual occupation at the time of the service of such summons, to the said landlord or owner, or his agent or receiver, it shall be lawful for such justices or any two or more of them, not interested as aforesaid, on proof being made before them of the holding or permissive possessions, as the case may be, and of its end or determination, and the time and manner thereof, and, where the title of the landlord shall have accrued since the letting of the premises, the right by which he claims the possession, to issue a warrant, under their hands and seals, to any person as a special bailiff in that behalf, on the part of the landlord or owner, requiring and authorizing him, within a period to be therein named, and not less than seven or more than fourteen clear days from the date of such warrant, to give the possession of the said premises to the said landlord, or his agent or receiver; and such warrant shall be a sufficient authority to the said bailiff to enter upon the said premises, with such assistants as he shall deem to be necessary, and to give possession accordingly: Provided, that no entry shall be made under such warrant on any Sunday, Good Friday, or Christmas Day, or at any time except between the hours of nine in the morning and four in the afternoon: Provided also, that nothing herein contained shall prejudice or affect the right of any owner of property intrusted to the care of any servant or caretaker peaceably to resume the possession thereof without process of law, if he shall so think fit.