Act No. 18, 1899. An Act to consolidate t h e S t a t u t e s r e l a t i n g to t h e law of L a n d l o r d and Tenant. [20/7* November, 1899.]

B

E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :-- 1. This Act shall be called the " Landlord and Tenant Act of 1899," and is divided into Parts, as follows :-- P A R T I.--Facilitation of leases-- ss. 3-6. PART II.-- Tenements recovery by ejectment in the Supreme Court--ss. 7-15. P A R T I I I . -- Tenements recovery in the District Courts--ss. 16-21. P A R T IV.-- Tenements recovery before Justices of the Peace-- ss. 22-33. P A R T V.-- Distress for rent and replevin--ss. 31-56. PART

P A R T VI.-- Restriction of effect of waiver and license by lessor --ss. 57-61. 2. (1) The Acts in Schedule A to this Act, to the extent to which the same are there expressed to be repealed, are hereby repealed. (2) All rules and orders made or enacted under any of the enactments hereby repealed and in force at the commencement of this Act shall be deemed to have been made and enacted under the corres ponding provisions of this Act. (3) Where any form of words or form used after the commencement of this Act refers to any enactment hereby repealed, such reference shall be taken to be a reference to this Act, and where any form of words or form so used as aforesaid would have been valid or have had a particular effect under any enactment hereby repealed, such form of words or form shall, notwithstanding the repeal of such enactment, have the same validity and effect as it would have had under the provisions of such repealed enactment if this Act had not been passed.

P A R T I. Facilitation of leases. 8. Whenever any party to any deed made according to the tenor and effect of the form set forth in Schedule B to this Act, or whenever any party to any other deed which is expressed to be intuit in pursuance of this Act employs in such deed respectively any of the forms of words contained in column 1 of Schedule C to this Act, and distinguished by any number therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in column 2 of the same Schedule, and distinguished by the same number as is annexed to the form of words employed by such party, but it shall not be necessary in any such deed to insert any such number. 4. Every such deed, unless any exception be specially made therein, shall be held and construed to include all out-houses, buildings, barns, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, water-courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever to the lands and tenements therein comprised, belonging, or in anywise appertaining. 5. I n taxing any bill for preparing and executing any deed under this Part of this Act, or which might be prepared under this Part of this Act, the taxing officer of the Supreme Court, in estimating the proper sum to be charged for such transaction, shall consider not the length of such deed, but only the skill and labour employed and responsibility incurred in the preparation thereof. 6.

6. Any deed, or part virtue of this Part of this effectual, and shall bind the and equity permit, as if this

of a deed, which fails to take effect by Act shall nevertheless be as valid and parties thereto so far as the rules of law Act had not been made.

PART II. Tenements recovery by ejectment in the Supreme Court. 7. Every tenant to whom any writ in ejectment is delivered, or to whose knowledge it conies, shall forthwith give notice thereof to his landlord, or his bailiff or receiver, under penalty of forfeiting the value of three years' improved or rack rent of the premises demised or held in the possession of such tenant to the person of whom he holds to be recovered by action in the Supreme Court. 8. (1) I n all cases between landlord and tenant whenever one half-year's rent is in arrear and the landlord or lessor to whom the same is due is entitled to re-enter for the non-payment thereof, such landlord or lessor may, without any formal demand or re-entry, serve a writ in ejectment for the recovery of the demised premises, or if the same cannot be legally served, or no tenant be in actual possession of the premises, may affix a copy thereof upon the door of any demised messuage, or if such action in ejectment is not for the recovery of any messuage, then upon some notorious place of the land comprised in such writ in ejectment, and such affixing shall be deemed legal service thereof, which service or affixing such writ in ejectment shall stand in the place and stead of a demand and re-entry. (2) If judgment is recovered against the defendant for non-appearance, and it is proved to the Court by affidavit (or if the defendant appears and it is proved at the trial) that half a year's rent was due before the said writ was served, and that no sufficient distress was to be found on the demised premises countervailing the arrears then due, and that the lessor had power to re-enter, the lessor shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made. (3) If the lessee, or his assignee or other person claiming or deriving under the said lease, suffers judgment to be had and recovered on such trial in ejectment and execution to be executed thereon, without paying the rent and arrears together with full costs, and without proceeding for relief in equity within six months after such execution executed, such lessee, assignee, and all other persons claiming and deriving under the said lease shall be barred and fore closed from all relief or remedy in law or equity, and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease. (4)

(1) If on such ejectment a verdict passes for the defendant, or the claimant is nonsuited therein, such defendant shall recover his costs. ( 5 ) Nothing herein contained shall extend to bar the right of any mortgagee of such lease, or any part thereof, who is not in possession, provided that, within six months after such judgment obtained and execution executed, ho pays all rent in arrear and all costs and damages sustained by such landlord or lessor, and performs all the covenants and agreements which on the part and behalf of the first lessee are and ought to be performed. 9. (1) In ease the said lessee, his assignee, or other person claiming any right, title, or interest in law or equity of, in, or to the said lease within the time aforesaid proceeds for relief in equity, such person shall not have or continue any injunction against the proceedings at law on such ejectment unless within forty days after the claimant in such ejectment has filed his defence, such person brings into Court and lodges with the Master in Equity such sum of money as the lessor or landlord in his defence swears to be due and in arrear over and above all just allowances, and also the costs taxed in the said action, there to remain till the hearing of the cause or to be paid out to the lessor or landlord on good security, subject to the decree of the Court. (2) If such proceedings in equity arc taken within the time aforesaid, and after execution is executed, the lessor or landlord shall be accountable only for so much as he shall really and bona tide, without fraud, deceit, or wilful neglect, make of the demised premises from the time of his entering into the actual possession thereof, and if what is so made by the lessor or landlord be less than the rent reserved on the said lease, then the said lessee or his assignee, before he is restored to his possession, shall pay such lessor or landlord the difference between the money so made by him and the reserved rent for the time such lessor or landlord held the said lands. 10. (1) If the tenant or his assignee at any time before the trial in such ejectment pays or tenders to the lessor or landlord, his executors, or administrators, or his or their attorney in that cause, or pays into Court all the rent and arrears, together with the costs, all further proceedings on the said ejectment shall cease and be discontinued. (2) If such lessee, his executors, administrators, or assigns, upon such proceedings as aforesaid, is relieved in equity, he and they shall have, hold, and enjoy the demised lands according to the lease thereof made without any new lease. 11. (1) Where the term or interest of any tenant holding under a lease or agreement in writing any lands for any term or number of years certain, or from year to year, has expired or been determined either by the landlord or tenant by regular notice to quit, and such tenant, or any one holding or claiming by or under him, refuses to deliver

deliver up possession accordingly after lawful demand in writing made and signed by the landlord or his agent, and served personally upon or left at the dwelling-house or usual place of abode of such tenant or person, and the landlord thereupon proceeds by action of ejectment for the recovery of possession, ho may, at the foot of the writ in ejectment, address a notice to such tenant or person requiring him to find such bail if ordered by the Court or a Judge, and for such purposes as are hereinafter next specified. (2) Upon the appearance of the party, on an affidavit of service of the writ and notice, the landlord producing the lease or agreement or some counterpart or duplicate thereof, and proving the execution of the same by affidavit, and upon affidavit that the premises have been actually enjoyed under such lease or agreement, and that the interest of the tenant has expired or been determined by regular notice to quit, as the c a s e may be, and that possession has been lawfully demanded in manner aforesaid, may apply to the Court or a Judge for a rule or summons for such tenant or person to show cause within a time to be fixed by the Court or Judge on a consideration of the situation of the premises why such tenant or person should not enter into a recognisance by himself and two sufficient sureties in a reasonable sum conditioned to pay the costs and damages which shall be recovered by the claimant in the action. (3) The Court or Judge upon cause shown (or upon affidavit of the service of the rule or summons in case no cause is shown) may make the same absolute in the whole or in part, and may order such tenant or person within a time to be fixed upon a consideration of all the circumstances to find such bail with such conditions and in such manner as shall be specified in the said rule or summons or such part of the same so made absolute. (4) If the party neglects or refuses to find such bail as aforesaid, and lays no ground to induce the Court or Judge to enlarge the time for obeying such order of the Court or Judge, then the lessor or landlord tiling an affidavit that such rule or order has been made and served and not complied with may sign judgment for recovery of possession and costs of s u i t in the form contained in Schedule D to this Act, or to the like effect, or in such other form as the Judges of the Supreme Court may order. 12. (1) Wherever it appears on the trial of any ejectment at the suit of a landlord against a tenant that such tenant or bis attorney has been served with due notice of trial the Judge before whom such cause comes on to be tried shall, whether the defendant appears upon such trial or not, permit the claimant on the trial after proof of his right to recover possession of the whole or of any part of the premises mentioned in the writ in ejectment to go into evidence of the mesne profits thereof which have or might have accrued from the day of the expiration

expiration or determination of the tenant's interest in the same down to the time of the verdict given in the cause or to some preceding day to he specially mentioned therein. (2) The jury on the trial finding for the claimant shall in such case give their verdict upon the whole matter both as to the recovery of the whole or any part of the premises, and also as to the amount of the damages to he paid for such mesne profits, and in such case the landlord shall have judgment within the time hereinbefore provided not only for the recovery of possession and costs but also for the mesne profits found by the jury. ( 3 ) Nothing hereinbefore contained shall be construed to bar any such landlord from bringing any action for the mesne profits which shall accrue from the verdict or the day so specified therein down to the day of the delivery of possession of the premises recovered in the ejectment. 13. ( I ) In all cases in which such security has been given as aforesaid if upon the trial a verdict passes for the claimant, unless it appears to the Judge before whom the same has been had that the finding of the jury was contrary to the evidence, or that the damages given were excessive, such Judge shall not (except by consent) make any order to stay judgment or execution, except on condition that within four days from the day of the trial the defendant shall actually find security by the recognizance of himself and two sufficient sureties in such reasonable sum as the Judge directs, conditioned not to commit any waste or act in the nature of waste or other wilful damage, and not to sell or carry off any standing crops, hay, straw, or manure produced or made (if any) upon the premises, and which may happen to be thereupon, from the day on which the verdict has been given to the day on which execution is finally made upon the judgment, or the same be set aside as the case may he. (2) All recognizances and securities entered into as last aforesaid shall be taken respectively in such manner, and by and before such persons as the Judges direct, and shall be filed with the prothonotary, for which respectively the sum of two shillings and sixpence and no more shall be paid. ( 3 ) No action or other proceeding shall he commenced upon any such recognizance or security after the expiration of six months from the time when possession of the premises or any part thereof has actually been delivered to the landlord. 14. Nothing in this part of this Act contained shall be con strued to prejudice or affect any other right of action or remedy which landlords may possess in any of the cases hereinbefore provided for otherwise than hereinbefore expressly enacted. 15. The Judges of the Supreme Court may make all such general rules and orders for the effectual execution of this Part of this Act,

Act, and of the intention and object hereof, and for fixing the costs to be allowed for and in respect of the matters in this Part contained, and the performance thereof; and also for altering the number of days by this Part of this Act limited for the doing of anything by this Part of this Act prescribed or authorised to be done, and substituting other days for the same as in their judgment is necessary or proper.

PART I I I . Tenon cuts recovery in the District Courts. 16. I n the construction of this Part of this Act the term " landlord " means the person entitled to the immediate reversion of the premises, or, if the property be held in joint tenancy, coparcenary, or tenancy in common, anyone of the persons entitled to such reversion. 17. (1) When the term or interest of the tenant of any land held by him for any term of years, or for any less estate or interest, either with or without being liable to the payment of any rent, has expired by effluxion of time or has been determined by notice to quit or demand of possession, and such tenant or any person claiming under him is actually occupying such land or any part thereof and neglects or refuses to give up possession thereof, the landlord may enter a plaint at bis option either against such tenant or against such person so neglecting or refusing in the District Court nearest to the premises for the recovery of the same, and thereupon a summons shall issue to such tenant or such person so neglecting or refusing. (2) If the defendant dees not at the time named in the summons show good cause to the contrary, then on proof of such neglect or refusal to deliver up possession of the premises and of the holding and of the expiration or other determination of the tenancy with the time and manner thereof (and of the service of the summons if the defendant does not appear thereto), the Judge of the Court may order that possession of the premises mentioned in the plaint be given to the plaintiff cither forthwith or on or before such day as the Judge thinks fit to name. ( 3 ) If such order be not obeyed the Registrar of the Court, whether such order can be proved to have been served or not, shall at the instance of the plaintiff issue a warrant authorising and requiring the bailiff of the Court to give possession of such premises to the plaintiff. (4) I n any such plaint against a tenant as in this section is specified, the plaintiff may add a claim for rent or mesne profits or both down to the day appointed for the hearing or to any preceding day named in the plaint so as the same shall not exceed two hundred pounds. 18.

18. (1) When the rent of any corporeal hereditaments, where neither the value of the premises nor the rent payable in respect thereof exceeds two hundred pounds by the year, is for one-half year in arrear, and the landlord has right by law to re-enter for the nonpayment thereof, he may, without any formal demand or re-entry, enter a plaint in the District Court nearest to the premises for the recovery of the premises, and thereupon a summons shall issue to the tenant, the service whereof shall stand in lieu of a demand and re-entry. (2) If the tenant live clear days before the return day of such summons pays into Court all the rent in arrear and the costs the said action shall cease. ( 3 ) If the tenant does not make such payment, and docs not at the time named in the summons show good cause why the premises should not be recovered, then on proof of the yearly value and rent of the premises and of the fact that one-half year's rent was in arrear before the plaint was entered, and that no sufficient distress was then to be found on the premises to satisfy such arrear, and of the landlord's power to re-enter, and of the rent being still in arrear (and of the service of the summons if the defendant does not appear thereto), the Judge may order that possession of the premises men tioned in the plaint be given to the plaintiff on or before such day, not being less than fourteen days from the day of hearing as the Judge thinks lit to name, unless within that period all the rent in arrear and the costs be paid into Court. (4) If such order is not obeyed, and such rent and costs are not so paid, the Registrar shall, whether such order can lie proved to have been served or not, at the instance of the plaintiff issue a warrant authorising and requiring the bailiff of the Court to give possession of such premises to the plaintiff. ( 5 ) The plaintiff shall from the time of the execution of such warrant hold tin premises discharged of the tenancy, and the defendant and all persons claiming by, through, or under him shall, so long as the order of the Court remains unreversed, be barred from all relief in equity or otherwise, 19. ( 1 ) A summons under this f a r t of this Act may he served like other summonses to appear to plaints in District Courts, and if the defendant cannot be found, and either his place of dwelling is unknown or admission thereto cannot he obtained for serving such summons, a copy thereof shall be posted on some conspicuous part of the premises sought to be recovered, and such posting shall be deemed rood service on the defendant. (2) A warrant under this Part of this Act shall justify the bailiff therein named in entering upon the premises therein named, with
1

with such assistants as he may deem necessary, and in giving possession accordingly, but no entry upon any such warrant shall be made except between the hours of nine in the morning and four in the afternoon. (3) Every such warrant shall, on whatever day it is issued, boar date on the day next after the last day named by the Judge in his order as aforesaid, and shall continue in force for three months from such date, and no longer; but no order for delivery of possession need be drawn up or served. 20. (1) Where any summons under this Part of this Act is served on or comes to the knowledge of any sub-tenant of the plaintiff's immediate tenant, such sub-tenant being an occupier of the whole or of part of the premises sought to he recovered, he shall forthwith give notice thereof to his immediate landlord under penalty of forfeiting three years' rack-rent of the premises held by such sub-tenant to such landlord, to be recovered by such landlord In action in the Court from which the summons has issued. (2) Such landlord on the receipt of such notice if not originally a defendant may be added or substituted as a defendant to defend possession of the premises in question. 21. (1) If any action is brought against any person for anything done in pursuance of this Part of this Act, he may plead the general issue, and give the special matter in evidence; and the warrant under the seal of the District Court being produced in any such action shall be deemed sufficient proof of the authority of the said Court previous to the issuing of such warrant, (2) If the plaintiff in such action has a verdict pass against him, or is non-suited, or discontinues the action, the defendant shall be allowed full costs as between attorney and client.

P A R T IV. Tenements recovery before justices of the peace. 22. In the construction of this part of this A c t : -- (a) The word " l a n d " means land, houses, or other corporeal hereditaments : (b) The word " agent " means any person usually employed by the landlord in the letting of the land or in the collection of the rents thereof, or specially authorised to act in the par ticular matter by writing under the hand of such landlord. 23. (1) When the term or interest of the tenant of any land held by him for any term of years, or for any less estate or interest, either with or without being liable to the payment of any rent, has expired

expired by effluxion of time or has been determined by notice to quit or demand of possession, and such tenant or any person claiming under him who is actually occupying such land or any part thereof neglects to quit and deliver up possession of such hind or of such part thereof respectively, the landlord of such land or his agent may exhibit his information before any justice of the peace, who shall thereupon issue a summons, and if required so to do a duplicate thereof, under his hand, against the person so neglecting to quit and deliver up possession, requiring such person to appear before any two or more justices of the peace at the place where the petty sessions of the district in which such land is situated usually sit to show cause why such landlord should not be put into possession of such land. (2) If at the time and place appointed in and by such summons, or at any adjournment thereof (whether the tenant or occupier appears or not), such landlord, or such agent gives due proof according to law to the satisfaction of the justices before whom the matter is heard, or the majority of them, of the creation and of the expiration or determination in manner aforesaid of the tenancy, and that such landlord then has and had at the time of the service of the summons upon the tenant or occupier lawful right as against such tenant or occupier to the possession of such land, and that the tenant or occupier against whom such summons is issued was the tenant in possession or the actual occupier of such land at the time of the service of such summons, then (upon proof of the service of the summons in case the tenant or occupier does not appear) the said justices, or the majority of them, unless reasonable cause is shown or appears to them to the contrary, may-- (a) adjudge the landlord by or for or on whose behalf such information shall be exhibited entitled to possession of such l a n d ; and (b) award to the said landlord or to such agent by whom such information is exhibited his costs to be assessed by the said justices or the majority of t h e m ; and (e) issue a warrant under their hands directed to the constables and peace officers of or acting in or for the district or place within which such land is situate, or to any of them, or to any other person as a special bailiff in that behalf, requiring and authorising them or him, within a period to be therein named, not less than seven nor more than thirty clear days from the date of such warrant, to enter (by force if needful) into such land and to give possession of the same to such landlord or such agent on his behalf, and such warrant shall be a sufficient authority to such constables, peace officers, or bailiff to enter upon such land with such assistants as they or he may deem necessary, and to give possession accordingly. (3)

(3) No entry upon any such warrant shall be made on a Sunday, Good Friday, or Christmas Day, or at any time, except between the hours of nine of the clock in the morning and four of the clock in the afternoon. (4) If such landlord or agent fails to appear or to give such proofs as aforesaid at the time and place aforesaid, such justices or the majority of them may dismiss his information, and award to the person against whom such information is exhibited, his costs to be assessed by such justices or the majority of them. ( 5 ) All costs awarded under the provisions hereof, together with the reasonable charges of taking and keeping the distress, shall be recoverable by distress and sale of the goods and chattels of the person adjudged or ordered to pay the same. (0) The proceedings upon the hearing of the matter of any such information as aforesaid shall be conducted as near as may be in accordance with the proceedings upon the trial of an issue of fact in the Supreme Court, and the parties to such information shall, by them selves, their counsel, or attorneys, have the like right of addressing the Court as well in reply as otherwise as the parties upon the trial of any such issue of fact in the Supreme Court would have or he entitled to. 24. The justices by whom such adjudication is made may, postpone the issuing of such warrant and other proceedings under such adjudication, or suspend the execution of such warrant and other proceedings for any period not exceeding fifteen clear days from the day of such adjudication, either upon such terms as to security or otherwise or absolutely without imposing any terms as to such justices seems meet. 25. (1) Such summons shall be served three clear days before the day appointed for the hearing of the matter of the information upon which the same issues, and such summons shall be served by delivering the same or a duplicate thereof personally to the person summoned thereby, o r in case notwithstanding all due diligence in that behalf such person cannot be personally served as aforesaid, then by leaving the same with the wife or servant of such person or some other competent person, either on t h e land in respect of which such summons has been issued or at the place of abode of the person so summoned, and in all such cases as aforesaid the person serving such summons shall explain the nature and effect thereof to the person to whom the same or t h e duplicate thereof is delivered, unless such lastmentioned person shall prevent such explanation from being made. (2) If notwithstanding all due diligence in that behalf it is from any cause impracticable to serve such summons in any of the ways aforesaid, then the posting of the same or a duplicate thereof on some conspicuous pari of the land in respect of which the same has been issued shall be deemed to he good service of such summons. 26.

2b. (1) If any tenant or occupier against whom any such warrant is granted offers at the time when the adjudication in respect thereof is made to give security to defend an action of ejectment or other appropriate action against him for recovery of possession of the land in question in the Supreme Court or any other Court having competent jurisdiction in that behalf to be brought by or on behalf of the landlord, by or for or on whose behalf the information upon which such adjudication is made has been exhibited, then the execution of such warrant and all other proceedings under such adjudication shall be suspended for three (dear days. (2) If during that interval such tenant or occupier gives to such landlord, bis executors and administrators, security by a joint and several bond of two other responsible persons, to be approved of by the justices by whom the matter of such information is heard, or the majority of them, in such sum of money as to them (regard being had to the value of such land and to the probable cost of such action, and the probable length of time which must elapse before the same can be determined) seems reasonable, and they direct, conditioned to be void (in case such landlord, his heirs, executors, or administrators succeeds in such action), upon payment of all such costs of suit as are awarded to or recovered by such landlord, his heirs, executors, or administrators in such action, and of all mesne profits of the said land accruing between the time of such adjudication and the time when such landlord, his heirs, executors, or administrators obtain possession of such land by virtue of such action, and of all such costs as are awarded by such justices, or the majority of them, to be paid by such tenant or occupier to such landlord or his agent, then such warrant shall not be executed or put in force, but shall be void; and no further proceedings shall be taken under or in pursuance of such adjudication for recovery of such lastmentioned costs or otherwise. 27. (1) Every such bond shall be approved of, and certified as so approved of, by the justices by whom the matter of such information is heard, or the majority of them, by a memorandum in writing signed by them, which memorandum shall be on or annexed to such bond. (2) The Court in which any such action of ejectment or other action for the recovery of the land in question is brought, or any Judge of such Court, may, upon application of any party bound by such bond, his heirs, executors, or administrators, in a summary way give such relief to the person making such application, or make such other order in the premises as may be agreeable to justice; and every rule or order made by such Court or Judge thereupon shall have the nature and effect of a defeasance to such bond. (3) If any unreasonable delay occurs in the bringing or prosecuting such action of ejectment, or other action for recovery of such land, then the Court in which such action is brought, or any G Judge

Judge thereof, or in case no such action has been brought and been depending, then any Court having competent jurisdiction to entertain any such action or any Judge of any such Court, may, upon application of the parties bound by any such bond, or cither of them, their or either of their heirs, executors, or administrators, in a summary way order such bond to be cancelled and given up to the person making such application, or make such other order in the premises as may be agreeable to justice. (1) If a rule or order is thereupon made by any such Court or Judge ordering such bond to be cancelled, then such bond shall, upon the making of such rule or order, be thenceforth void, but with out prejudice to any action or other remedy thereon for any previous breach of the condition or defeasance thereof. 28. It shall not be lawful to bring any action or prosecution against the said justices by whom such warrant as aforesaid has been issued, or against any constable, peace officer, or bailiff by whom such warrant has been executed for issuing such warrant or executing the same respectively by reason that the landlord, by or for or on whose behalf the same is obtained, had not lawful right to the possession of the land in respect of which such warrant has issued. 29. I n all cases where at the time of executing any such warrant, the landlord, by whom or for or on whose behalf such warrant has been obtained, has, as against the person in possession of such land, lawful right to the possession thereof, then neither such landlord, nor his agent nor any other person acting on his behalf, shall 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 Part of this Act, but the party aggrieved may bring an action on the case for any such irregularity or informality. 30. (1) No such warrant, nor anything herein contained, shall protect any landlord by whom, or for or on whose behalf, any such warrant for the delivery of possession of any land is obtained as aforesaid, from any action which may be brought against him by any person in possession of such land, or any part thereof, for or in respect of any entry upon or taking possession thereof, under or by virtue of any such warrant, where such landlord at the time of executing the same has not, as against such person in possession, lawful right to the possession thereof. (2) In all such cases as last aforesaid such landlord shall be liable in respect of such entry and taking possession in like manner as if the same had been made or taken by him, or by his direction, without the authority of any such warrant. ( 3 ) Nothing herein contained shall prejudicially affect any rights to which any person may be entitled as out-going tenant by the custom of the country or otherwise. 31.

31. (1) I n all proceedings under this Part of this Act not herein expressly provided for, the same shall ho regulated and conducted in accordance with the provisions of the law in force For the time being respecting summary proceedings before justices of the peace out of sessions, and all such provisions shall, so far as the same are applicable, be in force and observed in all proceedings under this Part of this Act not herein expressly provided for; but no person shall he imprisoned For non-payment of any costs awarded under the provisions of this Part of this Act. (2) Any person who Feels aggrieved by any order, adjudi cation, or warrant made or issued under the provisions of this Part of this Act, shall have the like power of applying to the Supreme Court or any Judge thereof, in order to obtain a prohibition to restrain any justice oF the peace by whom, any such order, adjudication, or warrant may be made or issued., and the landlord or agent, or tenant or occupier, or other person interested in maintaining the same, from proceeding (or from further proceeding as the case may be) upon or in respect of the same as by the Act fourteenth Victoria number fortythree, or by any other Act in Force For the time being, is given t o any person feeling aggrieved by t h e summary convictions or orders of justices of the peace. (3) All the provisions of the said last-recited Act, or any other Act in force for the time being, in reference to applying for and obtaining a prohibition in respect of such summary convictions and orders, shall apply to and he in Force in respect to every such order, adjudication, and warrant made or issued under the provisions of this Part of this Act, and shall lie applied, in like manner, as Far as practicable, as if every such order, adjudication, or warrant were such a summary conviction or order as aforesaid. 32. No objection shall be taken or allowed to any information, complaint, summons, conviction, or warrant made or preferred under or by virtue of this Part of this Act for any alleged defect in substance or in form, or For any variance between it and the evidence adduced on the part of the complainant, but if any such variance or defect appears to the justices present at and acting in the hearing of the case, they may. upon such terms as they think fit, cause the said proceedings to be amended and to adjourn the hearing of the ease to some future day if necessary. 33. (1) The forms in Schedule E to this Act, or any other forms to the like effect, may be used in the carrying out of the pro visions of this Part of this Act. (2) This enactment shall not invalidate any information, summons, adjudication, order, bond, warrant, or other proceeding which may be laid or drawn in any other appropriate form or manner. PART

P A R T V. Distress for rent and replevin. 34. (1) No person to whom any rent is due shall distrain any goods or chattels for such rent except by himself personally or by his agent or bailiff then duly authorised by warrant under his hand or under the hand of his attorney duly constituted, such warrant to be in the form or to the effect of Schedule F to this Act. (2) Whenever the person signing such warrant is unable t o write his name his signature shall be attested by a justice of the peace, a solicitor, or a clerk of petty sessions. 35. (1) Every person making any such distress as the agent o r bailiff of another, shall first procure from such person two copies of the before-mentioned warrant, both o f which shall be signed as afore said, and shall deliver one o f such copies at the time of making the distress to the tenant or owner of the goods distrained, or to some person for him resident at the place where the said distress is made. (2) If there is no person at such place with whom such copy can be left as aforesaid, then such bailiff o r agent shall give such copy to the said tenant or owner at any time afterwards o n demand within one month after the making of such distress. 36. (1) Every person making any distress for rent shall forth with make out a written inventory in the form or to the effect of Schedule G t o this Act of the goods distrained, which inventory shall be dated o n the day of such distress, and shall be signed by the person making the same, and shall be thereupon delivered to the tenant or owner of the goods so distrained, or to some person for him resident at the place where the said distress is made. (2) If there is no person at such place with whom such inventory can be left as aforesaid, then such inventory shall be posted on some conspicuous part of the premises on which the distress is made, and such person so distraining shall give such inventory to the said tenant or owner at any time afterwards o n demand within one month after the making of such distress. 37. (f) W h e r e any goods o r chattels are distrained for any rent, and the tenant or owner of t h e goods so distrained does not within five days next after such distress taken replevy the same with sufficient security to be given to the sheriff or his deputy or to any justice of the peace according to law, then in such case after the expiration of the said five days the person distraining shall cause the goods and chattels so distrained to be sold by public auction by a duly licensed auctioneer, or by a sheriff's bailiff or a bailiff of some Court of petty sessions or District Court f o r the best price t h a t c a n be got for the same towards satisfaction of t h e said rent and t h e charges of t h e said distress and sale. (2)

(2) The overplus (if any) shall be forthwith banded over to the said tenant or owner, and a full and true account in writing of every such sale shall in every case be given by the person making the distress to the tenant or owner on demand. (3) Nothing herein contained as to the time of sale shall apply to any corn, grass, hops, roots, fruits, pulse, or other product whatsoever growing at the time of the same being seized as a distress. 38. The tenant or owner of any goods so distrained as aforesaid may at his option direct and specify the order in which the said goods and chattels shall be successively sold, and the said goods and chattels shall in such case be put up for sale according to such directions of the tenant or owner as aforesaid. 39. (1) No distress shall be made on the goods of any casual visitor in any house, nor on the goods (other than furniture) of any lodger in any house or apartment ordinarily let or used as a lodging house or apartment. (2) No distress shall be made on any sewing-machine, type writing machine, or mangle the property of or under hire to any female person for any rent claimed in respect of the premises or place in which such sewing-machine, type-writing machine, or mangle may he : Provided that any one such person shall not be entitled to have more than one sewing-machine, one type-writing machine, or one mangle protected from distress under the provisions of this subsection. 40. The sheriff: and any deputy specially appointed by him for that purpose may grant replevin in all cases where a sheriff in England had power to grant replevin on the eighth day of December, in the year one thousand eight hundred and forty-three, being the day on which the Act seventh Victoria number thirteen came into force. 41. (1) In all cases in which any distress is made at any place distant more than ten miles from the office of the sheriff or from the residence of any deputy appointed as aforesaid, any justice of the peace may grant a replevin of the goods distrained, and for that purpose may take a replevin bond with sufficient sureties. (2) Neither such justice of the peace, nor the sheriff, nor any such deputy as aforesaid shall be liable to any action for taking insufficient security if he has acted bona fide and with reasonable care and caution. 42. (1) The said sheriff or deputy or justice of the peace as aforesaid shall, before deliverance is made by him of any distresses, take from the person to whom such replevin is granted, and two sufficient sureties, a bond in double the value of the property distrained, such value to be ascertained by the oath of one or more credible witness

-witness or witnesses (which oath the person granting replevin is hereby authorised to administer) conditioned for commencing within one calendar month from the date of such bond, and prosecuting with effect and without delay an action for the taking and detaining the property distrained, and for returning such property in case a return should he awarded. (2) The sheriff, deputy, or justice of the peace taking any such bond shall, at the request of the avowant or person making cognizance, assign such bond to the avowant or person making cogni zance by indorsing the same and attesting it under his hand and seal in the presence of one credible witness. (3) If the bond so taken and assigned is forfeited the avowant or the person making cognizance may bring an action and recover thereupon in his own name. (4) The Court where such action is brought may, by rule or order, give such relief to the parties upon such bond as may bo agreeable to justice and reason, and such rule or order shall have the nature and effect of a defeasance to such bond. 4 3 . ( 1 ) Every action of replevin, except those over which jurisdiction is hereinafter given to District Courts and Courts of Petty Sessions, shall be commenced in the Supreme Court by writ of summons in such form as the Judges shall prescribe, and bo thencefor ward prosecuted and dealt with in like manner as other actions in the said Court may be prosecuted and dealt with. (2) The laws and statutes in force in England on the nineteenth day of December, in the year one thousand eight hundred and fifty-one (being the date on which the Act fifteenth Victoria number eleven came into force), applicable to actions of replevin shall be in force in this Colony, and be applied in the administration of justice so far as the same can be applied within New South Wales. 4 4 . Every precept to replevy shall be in the form or to the effect of Schedule I to this Act, and every replevin bond shall he taken in the form or to the effect of Schedule K to tins Act, and every assignment of such bond shall be in the form or to the effect of Schedule L to this Act. 4 5 . The sheriff and every such deputy as aforesaid, and every justice of the peace shall be entitled to demand and receive for the making of every replevin, including the taking of the bond thereon, a fee of ten shillings, and for the making of every such assignment a fee of two shillings and sixpence. 4 8 . (1) The respective Courts of Petty Sessions established, or hereafter to be established in any part of New South Wales, other than the county of Cumberland, and the District Courts shall hear and determine within their respective jurisdictions all actions of replevin relating

relating to distresses for rent between landlord and tenant where the rent for or in respect of which any distress is or ought to have been made does not exceed thirty pounds in amount or value. (2) All proceedings in such actions of replevin shall be taken, and all such actions shall be tried and determined in the same manner and shall be subject to the same rides as other actions in the said District Courts or Courts of Petty Sessions. 47. The plaint in actions of replevin in the said District Courts or Courts of Petty Sessions shall be in the form or to the effect of Schedule M to this Act. 43. (1) If at the hearing of any such action of replevin before any of the said District Courts or Courts of Petty Sessions it appears that any sum was duo For rent and that no tender of the sum so due was made before the filing of the plaint in the said Court, such Court may give judgment for the defendant for the sum ascertained to be due for rent and the costs of defending the action and making the distress. (2) If it appears that no rent was due at the time of such distress, or that a tender was made of the amount due and the costs of distress previous to the filing of the plaint, such Court may order the replevin bond to be delivered up to the party complaining of the distress, and also may give judgment for the plaintiff for such damages as the Court thinks fit, and if necessary may order that such damages and costs shall be set off against or deducted from any rent then due or thereafter to accrue due. 49. (1) Every such District Court or Court of Petty Sessions on the hearing of any such action of replevin may order that the goods distrained shall be returned to the party who distrained the same, and in every such case where the goods distrained arc actually returned to the party who distrained the same and the costs of the proceedings paid no further proceedings shall be had on the replevin bond. (2) All such goods if returned or recovered under any such order as aforesaid may be sold for the recovery of the rent due and expenses at the expiration of four days after the return thereof. 5 0 . Where any distress is made by the person to whom the rent is due, or by any bailiff or agent as aforesaid, the charges in Schedule II to this A c t and no other shall be made in respect thereof. 5 1 . ( 1 ) Any person lawfully taking any distress for rent may impound or otherwise secure the distress so made of what nature or kind soever it may be in such places or on such part of the premises chargeable with the rent as arc most fit and convenient for the impounding and securing such distress, and may sell and dispose of the same upon the premises. (2) Any person whatsoever after the expiration of the five days hereinbefore mentioned may come and go to and from such place or

or part of the said premises where any distress for rent is impounded and secured as aforesaid in order to view and buy and in order to carry off or remove the same on account of the purchaser thereof. (3) If any pound breach or rescous is made of any goods or chattels distrained for rent the person grieved thereby shall in a special action on the case for the wrong thereby sustained recover his treble damages and costs of suit against the offender in any such rescous or pound breach, or against the owner of the goods distrained in case the same be afterwards found to have come to his use or possession. 5 2 . In case any such distress and sale as aforesaid is made by virtue or colour of this A c t for rent pretended to he arrear and due, where in truth no rent is arrear or due to the person distraining or to him in whose name or right such distress is taken as aforesaid, then the owner of such goods or chattels distrained and sold as aforesaid, his executors or administrators, shall by action of trespass or upon the case to be brought against the person so distraining, his executors or administrators, recover double of the value of the goods or chattels so distrained and sold, together with full costs of suit. 5 3 . In no case of distress for rent shall any appraisement what ever be necessary nor shall any costs or expenses be charged or allowed in respect thereof. 5 4 . If any person-- (a) knowingly and wilfully distrains for rent as the agent or bailiff of another without having first obtained the warrant hereinbefore mentioned in duplicate ; or (b) neglects or refuses to deliver one of such duplicates to the tenant or owner as hereinbefore directed; or (c) when distraining for rent neglects or refuses to make out and deliver or post up such inventory as aforesaid ; or (d) charges more for any distress or sale than is authorised by this A c t ; or (e) refuses to give such account in writing of any sale as herein before provided, he shall on conviction be liable to a penalty not exceeding fifty pounds, to be recovered in a summary way by the party aggrieved before any two justices of the peace. 5 5 . For the purposes of this Part of this Act the word " r e n t " shall be held to mean any rent reserved upon any demise lease or contract whatsoever. 5 6 . ( 1 ) The executors or administrators of any lessor or land lord may distrain upon the lands demised for any term or at will, for arrears of rent due to such lessor or landlord in his lifetime in like manner as such lessor or landlord might have; done, and such arrears may be distrained for after the end or determination of such term or lease in the same manner as if it had not been determined. (2)

(2) Provided that such distress be made within six calendar months after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due, and that all provisions in force by law, relating to distresses for rent, shall be applicable to every distress so made.

PART VI. Restriction of effect of waiver and license by lessor.

5 7 . Where any license to do any act which without such license would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease, is, at any time after the passing of this Act, given to any lessee or his assigns, every such license shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made, or to be made, or to the actual assignment under lease or other matter thereby specifically authorised to be done, but not so as to prevent any pro ceeding for any subsequent breach (unless otherwise specified in such license), and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and shall bo available as against any subsequent breach of covenant or condition assignment under lease or other matter not specifically authorised or made dispunishable by such license in the same manner as if no such license had been given, and the condition or right of re-entry shall be and remain in all respects as if such license had not been given except in respect of the particular matter authorised to be done. 5 8 . Where in any lease there is a power or condition of re-entry on assigning, or under-letting, or doing any other specified act without license, and a license at any time after the passing of this Act is given to one of several lessees or co-owners to assign or underlet his share or interest, or to do any other act prohibited to be done without license, or is given to any lessee or owner, or any one of several lessees or owners, to assign or under-let part only of the property or to do any other such act as aforesaid in respect of part only of such property, such license shall not operate to destroy or extinguish the right of re-entry in case of any breach of the covenant or condition by co-lessees or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property, as the case may be, over or in respect of such shares or interests or remaining property, but such right of re-entry shall remain in full force over or in respect of the shares or interests or property not the subject of such license. 5 9 . Where the reversion upon a lease is severed and the rent or other reservation is legally apportioned, the assignee of each part of the

the reversion shall, in respect of the apportioned rent or other reserva tion allotted or belonging to him, be entitled to the benefit of all conditions or powers of re-entry for non-payment of the original rent or other reservation in like manner as if such conditions or powers bad been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him. 6 0 . Where any actual waiver of the benefit of any covenant or condition in any lease on the part of any lessor or his heirs, executors, administrators, or assigns is proved to have taken place after the passing of this A c t in any one particular instance, such actual waiver shall not be assumed, or deemed to extend to any instance or any breach of covenant or condition other than that to which such waiver specially relates, nor to be a general waiver of the benefit of any such covenant or condition unless an intention to that effect appears. 6 1 . The provisions contained in this Part of this Act shall be applicable to leases for a term of years absolute or determinable on a life or lives, or otherwise, and also to a lease for the life of the lessee, or the life or lives of any other person or persons, whether such leases be made before or after the passing of this Act.

SCHEDULES.
S C H E D U L E A.
P u l p of A c t .

Title at A c t .

Extent of R e p e a l .

5 Vic. N o . n 7 V i c . N o . 1:3 11 15 17 17 Vic. No. Vie. No. Vic. No. Vic. No. 28 11 10 21

... ...

Advancement of Justice A n A c t for r e g u l a t i n g the p o w e r s and duties o f Sheriff in N e w S o u t h V a l e s . ... ... ... ...] .. Leases Facilitation . . . Distress f o r R e n t ... Tenements Recoverv ... Common Law Procedure

Section 27. S e c t i o n -1. The whole A c t . The whole A c t . The whole A c t . Sections 1G0-1G8 (both inclusive), a n d so m u c h o f s. 1 7 1 as refers t o ss. 1G0-1GS. Sections 10-23 (both inclusive), 106 - 1 0 8 (both i n c l u s i v e ) , and so much, o f s. 1 as refers t o s s . 1 9 - 2 3 and 1 0 G - 1 0 8 . S e c t i o n s 1-4 ( b o t h inclusive). The whole A c t .

2 2 V i c . N o . 18

. District Courts ...

2G V i c . N o . 12 N o . 43, 1898

... Trust .. Distress for Rent Restriction A c t , 1898 Property

SCHEDULE

SCHEDULE

B.

Tin's i n d e n t u r e made the day o f o n e t h o u s a n d eight h u n d r e d and ninety (or oilier year), in p u r s u a n c e o f the L a n d l o r d a n d T e n a n t A c t of 1 8 9 9 , b e t w e e n [here insert the names of the parties and recitals if any], witnesseth that the said lessor (or lessors) doth (or do) demise u n t o the said lessee (or lessees), his (or their) heirs or e x e c u t o r s , administrators, and assigns, as the case may be, all, & c , (parcels) From the day o f f o r the term of t h e n c e ensuing, y i e l d i n g and p a y i n g therefor d u r i n g the said t e r m the r e n t o f [stale the rent and mode of payment"]. In witness w h e r e o f the said parties h e r e t o have h e r e u n t o set their hands and seals.

SCHEDULE .Directions as to the forms

C. in this Schedule.

1. Parties w h o use any of the f o r m s in the first c o l u m n in this S c h e d u l e may substitute for the w o r d s " l e s s e e " o r " l e s s o r " any n a m e o r names, and in every such case c o r r e s p o n d i n g substitutions shall b e taken to be made in the c o r r e s p o n d i n g forms in the s e c o n d c o l u m n . 2. Such parties may s u b s t i t u t e the f e m i n i n e g e n d e r for the masculine, o r the plural n u m b e r f o r the singular in the f o r m s in the first c o l u m n o f this S c h e d u l e , and c o r r e s p o n d i n g c h a n g e s shall b e t a k e n to b e m a d e in the c o r r e s p o n d i n g f o r m s in the second column. 3. S u c h parties m a y till up the blank spaces left in the f o r m s f o u r and five in the first c o l u m n o f this S c h e d u l e so e m p l o y e d b y t h e m with a n y w o r d s o r figures, and the w o r d s o r figures so i n t r o d u c e d shall b e t a k e n to b e inserted in the c o r r e s p o n d i n g b l a n k spaces left in the f o r m s e m b o d i e d . 1. S u c h parties may i n t r o d u c e into o r annex to any o f the forms in the first c o l u m n any e x p r e s s addition to, e x c e p t i o n s f r o m , o r express qualifications thereof, respectively, ami the like additions, e x c e p t i o n s , o r qualifications shall be taken to bo m a d e f r o m o r in the c o r r e s p o n d i n g forms in the s e c o n d c o l u m n . 5. W h e r e the premises d e m i s e d are o f freehold t e n u r e the c o v e n a n t s o n e to t e n shall be t a k e n to b e made with, and the p r o v i s o e l e v e n t o a p p l y to, the heirs, e x e c u t o r s , administrators, and assigns o f the lessor, and w h e r e the p r e m i s e s demised are o f lease hold t e n u r e the c o v e n a n t s and p r o v i s o shall b e taken to b o m a d e with and apply to the lessor, his e x e c u t o r s , administrators, and assigns, unless o t h e r w i s e stated.
Column 1. C o l u m n 2.

1. T h a t the said c o v e n a n t s with the said t o pay r e n t .

(lessee) (lessor)

1. A n d the said lessee doth h e r e b y f o r himself, his heirs, e x e c u t o r s , administrators, and assigns, c o v e n a n t with the said lessor that he the said lessee, his e x e c u t o r s , administrators, and assigns will, d u r i n g the said term, pay u n t o the said lessor the rent h e r e b y reserved in m a n n e r h e r e i n b e f o r e m e n t i o n e d w i t h o u t a n y d e d u c t i o n whatsoever. 2. A n d also will pay all taxes, rates, duties, and assessments whatsoever n o w c h a r g e d o r hereafter to b e c h a r g e d u p o n the said d e m i s e d p r e m i s e s o r u p o n the said lessor o n a c c o u n t thereof. 3. A n d also will, d u r i n g the said t e r m , well and sufficiently repair, maintain, pave, e m p t y , cleanse, amend, a n d k e e p the said d e m i s e d premises w i t h

2. A n d to p a y taxes.

3. A n d to repair.

the

Column 1--continued.

Column 2--continued. the a p p u r t e n a n c e s in g o o d and substantial repair, t o g e t h e r with all c h i m n e y - p i e c e s , w i n d o w s , d o o r s , fastenings, w a t e r - c l o s e t s , cisterns, partitions, fixed presses, shelves, p i p e s , p u m p s , pales, rails, l o c k s a n d k e y s , and all o t h e r fixtures and tilings which, at a n y time d u r i n g the said term, shall b e e r e c t e d and m a d e when, w h e r e , and so often as n e e d shall b e . 4. A n d also that the said lessee, his e x e c u t o r s , administrators, and assigns will, in e v e r y year in the said term, paint all the outside w o o d - w o r k and i r o n - w o r k b e l o n g i n g to the said p r e m i s e s with t w o coats o f p r o p e r oil c o l o u r s , in a w o r k m a n l i k e manner. 5. A n d also that the said lessee, his e x e c u t o r s , administrators, and assigns will, in e v e r y year, paint the inside w o o d , iron, a n d o t h e r w o r k s n o w o r usually painted with t w o coats o f p r o p e r oil c o l o u r s , in a w o r k m a n l i k e m a n n e r , and also will re-paper w i t h p a p e r o f a quality as at p r e s e n t such p a r t s o f the premises as are n o w p a p e r e d , and also wash, s t o p , whiten, o r c o l o u r such parts o f the said p r e m i s e s as are n o w plastered. G. A n d also that the said lessee, his e x e c u t o r s , administrators, and assigns will f o r t h w i t h insure the said premises h e r e b y d e m i s e d t o the full value t h e r e o f in s o m e r e s p e c t a b l e insurance office in the j o i n t n a m e s o f the said lessor, his e x e c u t o r s , administrators, and assigns, and the said lessee, his e x e c u t o r s , adminis trators, and assigns, and k e e p the same so i n s u r e d during the said term, and will u p o n t h e r e q u e s t o f the said lessor o r his a g e n t show the r e c e i p t for the last p r e m i u m paid f o r such insurance f o r e v e r y c u r r e n t year, and as often as the said premises h e r e b y d e m i s e d shall b e b u r n t d o w n o r d a m a g e d b y fire all and e v e r y the sum o r sums o f m o n e y w h i c h shall be r e c o v e r e d o r received b y the said lessee, his e x e c u t o r s , adminis trators, o r assigns f o r o r in r e s p e c t o f such insurance, shall b e laid o u t and e x p e n d e d b y him in b u i l d i n g o r repairing the said d e m i s e d p r e m i s e s o r such parts t h e r e o f as shall b e b u r n t d o w n o r d a m a g e d b y fire as aforesaid 7. A n d it is h e r e b y a g r e e d that it shall b e lawful f o r the said l e s s o r and his a g e n t s at all seasonable times d u r i n g the said term t o e n t e r the said d e m i s e d p r e m i s e s to take a s c h e d u l e o f the fixtures and t h i n g s m a d e and e r e c t e d t h e r e u p o n , and to e x a m i n e the c o n d i t i o n o f the said p r e m i s e s , and further, that all wants o f reparation w h i c h u p o n such views shall be f o u n d , and f o r the a m e n d m e n t o f w h i c h n o t i c e in w r i t i n g shall b e left at the premises, the said lessee, his e x e c u t o r s , administrators, and assigns will, within t h r e e c a l e n d a r m o n t h s n e x t after e v e r y such n o t i c e , well and sufficiently r e p a i r a n d m a k e g o o d a c c o r d i n g l y , 8.

[

4. A n d t o paint o u t s i d e every ] year.

5. A n d t o paint and inside e v e r y [ ] year.

paper

0. A n d to insure f r o m fire in the j o i n t names o f the said (lessor) and the said (lessee).

7. A n d that the said (lessor) m a y e n t e r and view state o f repair, and that the said (lessee) will repair a c c o r d i n g t o n o t i c e .

Column 1-- con/timed. 8. That the said (lesser) n o t use premises as a shop.

Column

2--coii/nitteJ.

will

8. A n d also that the said lessee, his e x e c u t o r s , administrators, and assigns will not convert, use, o r o c c u p y the said premises o r any part thereof into or as a s h o p , w a r e h o u s e , o r o t h e r place for c a r r y i n g on any trade o r business whatsoever, o r suffer the said premises to be used f o r any such p u r p o s e o r other wise than as a private d w e l l i n g - h o u s e , w i t h o u t the c o n s e n t in writing of the said lessor. '.). A n d also that the said lessee shall not n o r will, during the said term, assign, transfer, or set over, or otherwise, by any act o r deed, p r o c u r e the said p r e m i s e s o r any o f them, to be assigned, trans ferred, o r set over unto any person o r p e r s o n s w h o m s o e v e r , w i t h o u t the c o n s e n t in w r i t i n g o f the said lessor, his e x e c u t o r s , administrators, o r assigns first bad and obtained. 10. A n d further that the said lessee will, at the expiration o r o t h e r s o o n e r d e t e r m i n a t i o n o f the said term, p e a c e a b l y s u r r e n d e r and yield up u n t o the said lessor the said premises h e r e b y d e m i s e d with the a p p u r t e n a n c e s , t o g e t h e r with all b u i l d i n g s , erections, and fixtures, n o w or hereafter t o bo built o r e r e c t e d thereon, in g o o d and substantial repair and c o n d i t i o n in all r e s p e c t s , reasonable wear and tear and d a m a g e by fire o n l y e x c e p t e d . 11. P r o v i d e d always and it is e x p r e s s l y agreed that if the rent h e r e b y reserved o r any part t h e r e o f shall be unpaid for fifteen days after any o f the d a y s o n which the same o u g h t to have b e e n paid ( a l t h o u g h no f o r m a l d e m a n d shall have been made t h e r e o f ) , o r in case o f the breach or n o n - p e r f o r m a n c e of any o f the covenants and a g r e e m e n t s herein contained on the part of the said lessee, his e x e c u t o r s , adminis trators, ami assigns, then and in either o f such cases it shall he lawful for the said lessor at any time thereafter into and u p o n the said demised premises or any part t h e r e o f in the n a m e o f the w h o l e to re-enter, and the same to have again re-possess and e n j o y as o f his o r their f o r m e r estate, any thing herein contained to the c o n t r a r y n o t w i t h s t a n d i n g . 12. A n d the lessor doth hereby f o r himself, his heirs, e x e c u t o r s , administrators, and assigns, c o v e n a n t with the said lessee, his e x e c u t o r s , administrators, .·mil assigns, that he and they p a y i n g the rent h e r e b y reserved and p e r f o r m i n g the c o v e n a n t s h e r e i n b e f o r e on his and their part c o n t a i n e d shall and may peace ably possess and enjoy the said d e m i s e d premises f o r the term h e r e b y granted, w i t h o u t a n y interruption or disturbance from the said lessor, his e x e c u t o r s , administrators, o r assigns, o r any o t h e r person or persons law fully claiming b y , from, or under him, them, or any of them.

!'. A ml will not assign without leave.

1(1. A n d thai he will premises in g o o d repair.

leave

I I . Proviso f o r re-entry by the said lessor on n o n - p a y m e n t of r e n t o r n o n - p e r f o r m a n c e o f covenants.

12^ T h e said (A uxor) c o v e n a n t s with the said (lessee) for quiet enjoyment.

SCHEDULE

SCHEDULE D. I n the S u p r e m e C o u r t o f N e w S o u t h W a l e s . -- The day o f [Bate of writ.] A.D. 18 .

Cumberland } t o wit. O n flic day and y e a r a b o v e written, a writ o f o u r L a d y the Q u e e n issued f o r t h o f this C o u r t w i t h a n o t i c e t h e r e u n d e r written, the t e n o r o f w h i c h writ and n o t i c e f o l l o w s in these w o r d s , that is t o say : -- [Here copy the writ and notice, which hitter may be as follows--]

" T a k e n o t i c e that y o u will be r e q u i r e d if ordered b y the C o u r t o r a j u d g e t o g i v e bail b y y o u r s e l f and t w o sufficient sureties c o n d i t i o n e d t o p a y the c o s t s ami d a m a g e s w h i c h shall be r e c o v e r e d in this a c t i o n . ' ' A n d C D . has appeared b y his a t t o r n e y [or in p e r s o n ] , t o the said writ, a n d has b e e n o r d e r e d t o g i v e bail p u r s u a n t t o the statute, and has failed s o t o d o . T h e r e f o r e it is c o n s i d e r e d that the said [here insert name of landlord] d o r e c o v e r possession o f the land in the said writ m e n t i o n e d with the a p p u r t e n a n c e s , t o g e t h e r with £ f o r c o s t s o f suit.

SCHEDULE Form of District of

E.

information. day o f

BE it r e m e m b e r e d that o n the

.,, , in the year o f o u r L o r d o n e thousand e i g h t (the district in } hundred and at in the which the land Colony of new S o u t h W a l e s ( A . B . ) or ( C D . the agent o f A . B . ) the of WHICH posiesl a n d l o r d of t h e land hereinafter d e s c r i b e d , i n f o r m e d m e sion is sought t o Esquire, one of Her Majecty's justices o f the p e a c e in a n d f o r the be revovered | C o l o n y aforesaid (describing the jurisdiction of the justice before whom situate ) | the information is exhibited) that t h e r e t o f o r e E . F . held f r o m t h e said t o wit. A . B . , b y v i r t u e o f a t e n a n c y ( f o r a t e r m o f years or f r o m y e a r t o year, or f r o m month t o m o n t h , or f r o m w e e k t o w e e k , or at will or at sufferance, or other wise as the case may be) (all that parcel o f land or all t h a t m e s s u a g e o r d w e l l i n g - h o u s e or otherwise according to the fact) situate in the (city, town, parish, or other locality) in the district o f in the C o l o n y aforesaid, b o u n d e d (describing the land by name, abuttals, or otherwise with sufficient particularity to identify the same), and that the said t e n a n c y ( e x p i r e d by effluxion of t i m e ) or (was determined b y n o t i c e t o quit or d e m a n d o f p o s s e s s i o n ) on o r a b o u t the day of (then instant or last past or otherwise according to the fact), a n d that such laud was at the time o f m y b e i n g so i n f o r m e d as aforesaid actually o c c u p i e d b y the said E . E . ) or ( G - . H . , a p e r s o n c l a i m i n g u n d e r the said E . E . ) , a n d that the said ( E E . ) or ( G - . H . ) n e g l e c t e d to quit and deliver u p possession thereof, and that the said A . B . t h e n had l a w f u l r i g h t as against t h e said ( E . E . ) or ( G - . H . ) t o the possession of s u c h land, a n d t h e r e u p o n the said ( A . B . ) or ( C D . ) p r a y e d that the said A . B . might b e p u t into possession o f the said land u n d e r and b y virtue o f the p r o v i s i o n s o f the statute in such case m a d e and p r o v i d e d . E x h i b i t e d at o n the day and year written before me. aforesaid } first a b o v e J.P. T h e J u s t i c e a b o v e named. Form

Form of summons. To[E.F.]or[G.H] WHEREAS an information has been exhibited this day before m e t h e undersigned [here describe the justice as in the information] by (A.15 ) or ( C D . t h e agent of A.15.) pray ing t h a t the said A.B. may. u n d e r and by virtue (if t h e provisions of t h e s t a t u t e in such case made and provided, be put into possession of [here describe the hind as in the infor mation] of which it is t h e r e i n alleged you are now in t h e a c t u a l occupation on t h e g r o u n d that t h e same was held from t h e said A.M. by ( y o u ) or ( E . F . , u n d e r whom it is also t h e r e i n alleged you claim), by virtue of a t e n a n c y (for a t e r m of years or otherwise as averred in the information), which (expired by effluxion of time or otherwise as averred in the information) on or about t h e day of ( n o w instant or last past or otherwise as averred in the information). and t h a t you neglect to quit a n d deliver possession of the said laud, ' t h e s e a r e t h e r e f o r e t o c o m m a n d y o u in I t e r M a j e s t y ' s n a m e to be and a p p e a r on t h e day of now ( i n s t a n t ) or ( n e x t e n s u i n g ) at t h e h o u r of of t h e c l o c k in (he forenoon at {the place where the petty sessions of the district in which I the lam' in question is situated usually sit), and so from day to day at t h e same h o u r of t h e day until i he m a t t e r of the said information shall be dis posed of, before such two or more of Her Majesty's j u s t i c e s of t h e peace as may t h e n be t h e r e , t o show cause why t h e said A.M. should not he p u t into possession of t h e said land, and why you should not be adjudged to pay to t h e said (A.T5.) or ( C D . ) his costs of proceeding to obtain and of recovering possession of t h e said land. A n d t a k e notice that if you fail to a p p e a r and show such cause as aforesaid you will he liable to have a w a r r a n t issued against you u n d e r which such possession of t h e said l a n d may be given to (he said A.M., and to be a d j u d g e d to pay such costs as aforesaid. Given u n d e r my hand tin; day of in t h e year of o u r L o r d one t h o u s a n d eight h u n d r e d and
J.

P.

T h e j u s t i c e above named. Form of adjudication in fuvour of landlord and award of costs to him or his aqent.

an information was exhibited on t h e nay or District of now ( i n s t a n t ) or (last past) by ( A . B . ) or ( C D . this (as in information) a g e n t or A . l b ) , praying t h a t the said A . B . might u n d e r and by to w i t . ) v i r t u e of t h e provisions of t h e s t a t u t e in such ease made and pro vided be p u t i n t o possession of [here describe the tend as in the information] of which it was t h e r e i n alleged t h a t ( E . F . ) or ( G . I I . ) was t h e n in t h e a c t u a l occupation, on t h e g r o u n d that t h e same was held from t h e said A . B . by (the said E . F . ) or ( E . F . , u n d e r whom it was also t h e r e i n alleged t h e said G . I I . claimed), by virtue of a t e n a n c y (for a term of y e a r s or otherwise as averred in the information) which (expired by effluxion of time or otherwise as in the information) on or about t h e day of (then i n s t a n t or last past or otherwise as averred in the information), a n d t h a t t h e said (I'M' .) or ( G . I I . ) neglected to quit and deliver possession of t h e said land. A n d whereas t h e r e u p o n a s u m m o n s to t h e said ( E . F . ) or ( G . I I . ) was duly issued and served whereby t h e said ( E.F.) or ( G . I I . ) was dul\ s u m m o n e d to be and a p p e a r on t h e day of now ( i n s t a n t ) or (last past.) a! the h o u r of of t h e clock in the fore n o o n , at (as in the summons) (being t h e place where t h e p e t t y sessions of t h e said d i s t r i c t usually sit"), and so from day to day until t h e m a t t e r of t h e said information should be disposed of, before such t w o o r m o r e of H e r M a j e s t y ' s j u s t i c e s of t h e peace as might, then be t h e r e to show cause why the said (A.15 ) should not be p u t into possession of t h e said land, and why t h e said ( E . F . ) or ( O . l l . ) should n o t be adjudged to pay to t h e said (A.B.) or ( C D . ) his costs of proceeding to obtain a n d recovering possession of t h e said land : A n d w h e r e a s t h e m a t t e r of t h e said information has in p u r s u a n c e of such s u m m o n s t o t h e said ( E . F . ) or ( ( J . I I . ) as aforesaid been duly h e a r d by a n d before us (the justices making adjudication) of H e r Majesty's justices of t h e peace in a n d for t h e Colony aforesaid (describing the jurisdiction of' the justices by whom the matter is heard), a t t h e said place a t which t h e said ( E . F . ) or ( 0 . 1 1 . ) was so s u m m o n e d to a p p e a r as aforesaid.
1

WHEREAS

aforesaid, we b e i n g (all) or (a majority of) t h e justices t h e n a n d t h e r e sitting. A n d t h e said ( A . B . ) or ( C D . ) h a t h given d u e proof a c c o r d i n g to law to t h e satisfaction of us of the creation a n d of t h e ( e x p i r a t i o n ) or ( d e t e r m i n a t i o n ) in m a n n e r aforesaid of t h e said t e n a n c y , and t h a t t h e said ( A . B . ) had at the t i m e of t h e service of t h e said s u m m o n s upon t h e said ( E . F ) or ( G . I I . ) , a n d at t h e time of t h e said h e a r i n g , a n d now has lawful r i g h t as n g a ' n s t t h e said ( E . F . ) or ( G . I I . ) to t h e possession of t h e said land, and t h a t t h e said ( E . F . ) or ( G . I I . ) was the t e n a n t in possession or t h e a c t u a l occupier of t h e said land at t h e tirce of t h e said service of t h e said s u m m o n s [and w h e r e a s t h e said ( E . F . ) or ( G . I I . ) d u l y a p p e a r e d in p u r s u a n c e of t h e said s u m m o n s a n d a c c o r d i n g to t h e exigency thereof before us to d e f e n d himself t o u c h i n g t h e m a t t e r of t h e said i n f o r m a t i o n , b u t did n o t show a n y r e a s o n a b l e c a u s e to u s ] , or [and w h e r e a s t h e said ( E . F . ) or ( G . I I . ) n o t I n n i n g a p p e a r e d in p u r s u a n c e of t h e said s u m m o n s or a c c o r d i n g t o t h e exigency thereof, d u e proof of t h e service of t h e said s u m m o n s was given to us] a n d n o r e a s o n a b l e cause was in fact shown or a p p e a r e d to u s why we should n o t a d j u d g e t h e said ( A . B . ) to be e n t i t l e d to possession of t h e said l a n d : N o w , t h e r e f o r e , wo do h e r e b y a d j u d g e t h a t the said (A.B.) is e n t i t l e d to t h e possession of t h e said land, a n d t h a t a w a r r a n t shall issue a c c o r d i n g to t h e provisions of the s t a t u t e in such case m a d e a n d provided for p u t t i n g t h e said (A.15.) into possession of t h e said land w i t h i n t h e period b e g i n n i n g on t h e day of (here name a day not less than seven clear days from the dote of the warrant"), a n d e n d i n g on t h e day of (here name a day not more than thirty clear days from the date of the tear rant). (Here add in case costs shall be awarded to the landlord or his agent)--And we do assess t h e costs of the said (A.13.) or ( C D . ) of p r o c e e d i n g to obtain a n d of r e c o v e r i n g possession of t h e said land a t t h e sum of which said sum of m o n e y we do a w a r d to t h e said (A.15.) or ( C D ) for his said c^sts, and we do o r d e r and a d j u d g e t h a t t h e s a m e shall be paid f o r t h w i t h by t h e said ( E . F . ) or ( G . I I . ) to the said (A.B.) or ( C D . ) : A n d we do f u r t h e r a w a r d and a d j u d g e t h a t if the same be not paid f o r t h w i t h t h e same be levied by d i s t r e s s a n d sale of t h e goods a n d c h a t t e l s of t h e said ( E . F . ) or ( G . I I . ) W i t n e s s o u r h a n d s a n d sea's t h e day of ill t h e y e a r of o u r L o r d one t h o u s a n d eight h u n d r e d a n d J.P. (i,s.) J.P. ( t s . ) Form of warrant of possession.

D i s t r i c t of To a c o n s t a b l e or p e a c e officer of or a c t i n g (as in informal ion) For t h e district of (or other place as the case may be) ) in t h e Colony of N e w S o u t h W a l e s , a n d to all o t h e r constables to wit. a n d peace officers of or a c t i n g for t h e said district (or other place as the case may be) a n d to each of thill).] Or [To all c o n s t a b l e s and peace officers of or acting for t h e district of (or other place as the case may be) in the Colony of N e w S o u t h W a l e s a n d to each of t h e m . ] Or [To a special bailiff for t h e p u r p o s e s h e r e i n a f t e r mentioned. Or [To and special bailiffs for the p u r p o s e s h e r e i n a f t e r m e n t i o n e d a n d to each of t h e m . WHEREAS we t h e undersigned o f Her Majesty's Justices o f the Peace in and for t h e Colony o f New S o u t h W a l e s (describing the jurisdiction of the justices making the adjudication), in p u r s u a n c e o f t h e provisions of P a r t 1 V of the ' L a n d l o r d a n d T e n a n t A c t . 1 8 9 9 , did o n t h i s day of in the y e a r of o u r L o r d one t h o u s a n d e i g h t h u n d r e d a n d u p o n the h e a r i n g of t h e m a t t e r of a n i n f o r m a t i o n exhibited by (A.15.) or (VAX t h e a g e n t of A. 15.) against, ( E . F . ) or ( G . H . ) a d j u d g e t h a t t h e said A.15. is e n t i t l e d to t h e possession of [here describe the land as in the information]. A n d we did also a d j u d g e t h a t a w a r r a n t should issue a c c o r d i n g to the provisions o f t h e said Act f o r p u t t i n g t h e said A . B . into possession of t h e said land within t h e period b e g i n n i n g on t h e day of , and curing

e n d i n g o n the day o f (as in adjudication) : N o w therefore w e d o a u t h o r i s e and c o m m a n d y o u [ a n d (if directed to more than one person) e a c h o f y o u ] w i t h i n the p e r i o d of clear days f r o m the date h e r e o f o n a n y day e x c e p t on S u n d a y (and if either Christmas Day or Good Friday shall occur during the interval add " o r Christmas D a y " o r " G o o d F r i d a y " as the case may require), b e t w e e n the hours o f nine o f the c l o c k in the f o r e n o o n and f o u r of the c l o c k in the a f t e r n o o n [with o r without the aid o f the said ( A . B . ) or ( C D . ) , or any o t h e r person o r persons whom v o n m a y t h i n k r e q u i s i t e to c a l l t o y o u r assistance], to e n t e r ( b y f o r c e i f needful) into and u p o n the said land, and to eject all persons t h e r e o u t and therefrom, and to give possession o f the same to the said ( A . B . ) or ( C D . as such agent as aforesaid o n behalf o f the said A . B . ) G i v e n u n d e r o u r hands the day o f o n e t h o u s a n d e i g h t h u n d r e d and in the y e a r o f o u r L o r d J. P. J. P. Form of bond as security to defend action and supersede execution of warrant.

K n o w all m e n b y these p r e s e n t s that w e , K . L . , o f , in the C o l o n y o f N e w South W a l e s , and M . N . , o f , in the C o l o n y aforesaid , are j o i n t l y and severally h e l d and firmly b o u n d u n t o A . B . , of , in the C o l o n y aforesaid , in the sum o f p o u n d s of lawful British m o n e y , t o b e paid t o the said A . B . , his e x e c u t o r s or administrators, f o r which p a y m e n t , t o be well and t r u l y m a d e , we b i n d ourselves, o u r heirs, e x e c u t o r s , and administrators j o i n t l y , and each o f us binds himself, his heirs, e x e c u t o r s , and administrators severally b y these presents. Sealed with o u r seals.-- Dated the day o f , in the y e a r o f o u r L o r d , o n e t h o u s a n d eight h u n d r e d and "WHEREAS Esquires, o f H e r M a j e s t y ' s j u s t i c e s o f the p e a c e in and f o r the C o l o n y of N e w S o u t h W a l e s (describing the jurisdiction of the justices by whom the adjudication was made), in p u r s u a n c e of the p r o v i s i o n s o f P a r t I V o f the L a n d l o r d and T e n a n t A c t , 1 S 9 9 , did on the day n o w ( i n s t a n t ) or (last past) u p o n hearing the matter o f an information exhibited b y ( t h e a b o v e - n a m e d A . B . ) or ( C D . the a g e n t o f the a b o v e n a m e d A . B . ) against ( E . F . ) or ( G . H . ) a d j u d g e that the said A . B . was entitled t o the possession o f [here describe the land as in the information], and did also a d j u d g e that a warrant s h o u l d issue a c c o r d i n g t o the provisions o f the said P a r t o f the said A c t for p u t t i n g the said A . B . into possession o f the said land [here add in case costs were awarded to the landlord or his agent], a n d the said j u s t i c e s assessed the costs o f the said ( A . B . ) or ( C D . ) o f p r o c e e d i n g t o o b t a i n and o f r e c o v e r i n g p o s s e s s i o n of the said lands at the s u m o f (as in the adjudication), w h i c h sum t h e y did award t o the said ( A . B . ) or ( C D . ) f o r his said costs ; a n d the said justices did o r d e r and a d j u d g e that the same should be paid b y the said ( E . F . ) or ( G . H . ) to the said ( A . B . ) or (CD.): A n d whereas at the t i m e w h e n the said adjudication was m a d e the said ( E . F . ) or ( G . H ) , in p u r s u a n c e o f the p r o v i s i o n s in that behalf c o n t a i n e d in the said P a r t o f t h e said A c t , offered t o give security t o d e f e n d a n action o f e j e c t m e n t o r o t h e r a p p r o  priate a c t i o n against him f o r r e c o v e r y o f possession o f the said land in the S u p r e m e C o u r t o f the said C o l o n y , or any o t h e r C o u r t having c o m p e t e n t j u r i s d i c t i o n in that behalf, t o b e b r o u g h t b y or o n behalf o f the said A . B . : A n d whereas the said j u s t i c e s , in a c c o r d a n c e with the provisions in that behalf contained in the said P a r t o f the said A c t , directed that the sum o f m o n e y in w h i c h t h e b o n d in that behalf m e n t i o n e d in the said P a r t o f the said A c t s h o u l d b o given should b e the a b o v e - n a m e d sum o f p o u n d s ; and the said j u s t i c e s have a p p r o v e d o f the a b o v e b o u n d e n K . L . and M . N . as t w o r e s p o n s i b l e p e r s o n s t o e n t e r i n t o the said b o n d , and the said justices have a p p r o v e d hereof as such b o n d as aforesaid : N o w , the c o n d i t i o n o f the a b o v e - w r i t t e n b o n d is such t h a t ( i n case the said A . B . , his heirs, e x e c u t o r s , o r administrators, shall s u c c e e d in such action as aforesaid f o r the r e c o v e r y of the said l a n d ) if the said ( E . F . ) or ( G . H . ) , his e x e c u t o r s o r administrators, or any person o n his o r their behalf, shall p a y t o the said A . B . , his heirs, e x e c u t o r s , o r administrators, all such costs o f suit as shall b e awarded t o II or
-

o r recovered b y the said A.13., his heirs, e x e c u t o r s , or administrators, in such action, a n d all mesne profits o f the said land a c c r u i n g b e t w e e n the time o f the aforesaid adjudication and the time w h e n the said A.13., his heirs, e x e c u t o r s , o r administrators shall obtain p o s s e s s i o n o f the said laud by virtue o f such a c t i o n [here add in case costs were, awarded, to the landlord or his agent], and the said sum o f so o r d e r e d and a d j u d g e d b y the said j u s t i c e s t o be paid b y the said ( E . F . ) or ( G . H . ) to the said (A.13.) or ( C D . ) as aforesaid, then the said a b o v e - w r i t t e n b o n d shall be void. K.L. (l,s.) S i g n e d , scaled, and d e l i v e r e d b y the a b o v e n a m e d K . L . and ) M.N. (l s.) M . N . in the p r e s e n c e o f O . P . (the attesting witness > or witnesses). ) Form of memorandum to be written on or annexed to such bond and signed by the. justices.

W e , the j u s t i c e s n a m e d in this (or the a n n e x e d ) b o n d , d o h e r e b y c e r t i f y that w e a p p r o v e thereof. A s witness o u r hands the day of , in the y e a r o f o u r L o r d o n e t h o u s a n d eight h u n d r e d and J. P. J.P. Form of ad judication in favour of tenant or occupier and award of costs to him.

Whereas an i n f o r m a t i o n was e x h i b i t e d o n the day District of of n o w ( i n s t a n t ) or (last p a s t ) b y (A.13.) or ( C D . the (as in information) } agent o f A.13.) p r a y i n g that t h e said A.13. m i g h t tinder and b y t o wit. virtue o f t h e p r o v i s i o n s o f the statute in such case m a d e a n d p r o v i d e d b e p u t into possession of certain lands situate in the district o f , in the C o l o n y o f N e w S o u t h W a l e s , therein d e s c r i b e d o r referred to, o f w h i c h it was t h e r e i n alleged that ( E . F . ) or ( G . H . ) was then in the actual o c c u p a t i o n , a n d t h e r e u p o n a s u m m o n s t o the said ( E . F . ) or ( G . H . ) was d u l y issued and served, w h e r e b y the said ( E . F . ) or ( G . I I . ) was d u l y s u m m o n e d to b e and appear o n the day o f , n o w ( i n s t a n t ) or (last p a s t ) , at the h o u r o f o f the c l o c k in the f o r e n o o n , at (as in the summons) ( b e i n g the place w h e r e the p e t t y sessions o f t h e s a d district usually s i t ) , and so f r o m day t o day, until the m a t t e r o f the said i n f o r m a t i o n s h o u l d b o d i s p o s e d o f b e f o r e s u c h or t w o m o r e o f H e r M a j e s t y ' s j u s t i c e s o f the p e a c e as m i g h t t h e n b e there, t o s h o w cause w h y the said A.13. should n o t be put in possession o f the said l a n d : A n d whereas the m a t t e r o f the said i n f o r m a t i o n has in p u r s u a n c e o f such s u m m o n s t o the said ( E . F . ) or ( G . H . ) as aforesaid, b e i n g d u l y called o n b e f o r e us (the justices making the adjudication) o f H e r M a j e s t y ' s j u s t i c e s o f the p e a c e in and for the C o l o n y
:

aforesaid (describing the jurisdiction of the justices before whom the matter is called on), at the said p l a c e at which the said ( E . F . ) or ( G . H . ) was so s u m m o n e d t o appear as aforesaid, w e b e i n g ( a l l ) or (a majority o f ) the justices t h e n and there sitting, and the said (E.F.) or ( G . H . ) having t h e n a n d there a p p e a r e d b e f o r e us t o d e f e n d and o p p o s e the said i n f o r m a t i o n , and the said (A.13.) or ( C D . ) ( h a v i n g failed t o a p p e a r ) or ( h a v i n g also a p p e a r e d b u t having failed t o give p r o o f to o u r satisfaction) in s u p p o r t of his said i n f o r m a t i o n , w e d o , therefore, a d j u d g e that the said i n f o r m a t i o n bo dismissed, and the same is h e r e b y dismissed a c c o r d i n g l y . (Here add in case costs shall be awarded to the tenant or occupier--). A n d w e d o assess the costs o f the said ( E . F . ) or (G.H.) of a p p e a r i n g and d e f e n d i n g and o p p o s i n g the said i n f o r m a t i o n at the sum of , w h i c h said sum o f m o n e y w e d o award to the said ( E . F . ) or ( G . H . ) f o r his said c o s t s . A n d w e d o o r d e r and a d j u d g e that the same shall be paid b y the said (A.13.) or ( C D . ) to the said ( E . F . ) or ( G . H . ) , a n d w e d o further award and a d j u d g e that if the same b e n o t paid f o r t h w i t h the same b e levied b y distress and sale o f the g o o d s and chattels o f the said (A.13.) or ( C D . ) . W i t n e s s o u r b a n d s and seals the day of , in the y e a r of o u r L o r d o n e t h o u s a n d e i g h t h u n d r e d and LP. (1.8.) ,1.1'. (1.8.) Form

Form | To

of distress

warrant for non-payment

of

costs.

a c o n s t a b l e o r p e a c e officer o f o r a c t i n g f o r the district o f (or oilier place as the case may be) in the C o l o n y o f N e w South W a l e s , and to all o i l i e r c o n s t a b l e s and peace officers o f or a c t i n g for t h e said district (or other place as the case may be) ami to each of t h e m . ] Or [ T o all c o n s t a b l e s and peace officers o f o r a c t i n g for the district of (or other place as the case may be) in the C o l o n y of New S o u t h "Wales and t o each of t h e m . ] Or [ T o a p e r s o n specially n a m e d f o r the p u r p o s e s hereinafter m e n t i o n e d . J Or [ T o and p e r s o n s specially n a m e d for the p u r p o s e s hereinafter m e n t i o n e d and t o each o f t h e m . ] W H E R E A S o n the day of n o w ( i n s t a n t ) or (last past) at (the place, where the adjudication took place) in the district o f in the C o l o n y o f N o w S o u t h W a l e s , the m a t t e r o f an i n f o r m a t i o n e x h i b i t e d b y ( A . B . ) or ( C D . the agent of A . B . ) against ( E . F . ) or ( G . H . ) , u n d e r and b y virtue o f the p r o v i s i o n s o f Part I V o f T h e L a n d l o r d and T e n a n t A c t , 1S!)0, was d u l y heard and adjudicated u p o n b y (the justices making the ail judication) o f H e r M a j e s t y ' s justices o f the p e a c e in and f o r the said C o l o n y (describing the jurisdiction of the jus/ices making the adjudication), and such a d j u d i c a t i o n was in f a v o u r o f the said ( A . B . ) or ( C D . o n b e h a l f o f the said A . B . ) or ( E . E . ) or ( G . 1 L ) , and in and b y such adjudication the said j u s t i c e s did assess the costs of the said ( A . B . ) or ( C D . ) or ( E . F . ) or ( G . H . ) in the premises at the sum o f (as in the adjudication), and did award t o the said ( A . B . ) or ( C D . ) or ( E . F . ) or ( G . H . ) t h e said s u m of m o n e y f o r his said costs, and did o r d e r and adjudge that the same s h o u l d b e paid f o r t h w o r t h by the said ( E . F ) or ( G . H . ) to the said ( A P . ) or ( C D . ) [ o r b y the said ( A . B . ) or ( C D . ) t o the said ( E . F . ) or ( G . H . ) ] , and that if the same s h o u l d n o t b e f o r t h w i t h paid, the same should be levied b y distress and sale o f the g o o d s and chattels of the said ( E . F . ) or ( G . H . ) or ( A . B . ' ) or ( C D . ) . A n d whereas the said ( U K . ) or ( G . H . ) or ( A . B . ) or ( C D . ) hath not paid the said sum of m o n e y so o r d e r e d and adjudged t o be paid b y him for the sard costs as aforesaid, b u t therein hath made default. T h e s e are, t h e r e f o r e , to c o m m a n d y o u in H e r M a j e s t y ' s name forth with to make distress of the g o o d s and chattels o f the said ( E . F . ) or ((J. 11.) or ( A . B . ) or ( C D . ) , and if within the period o f clear days alter the. m a k i n g of such distress, the said sum of m o n e y a b o v e m e n t i o n e d , t o g e t h e r with the reasonable c h a r g e s o f taking and k e e p i n g the said distress, shall n o t b o paid, that t h e n y o u d o sell the said g o o d s a n d chattels so b y y o u distrained, and d o pay the m o n e y arising from such sale u n t o the c l e r k o f the p e t t y sessions o f the justices o f the p e a c e f o r the said district o f , in order that he may pay and a p p l y the same as b y law d i r e c t e d , and may r e n d e r the over-plus ( i f a n y ) o n d e m a n d t o the said ( E . F . ) or ( G . H . ) or ( A . B . ) or ( C D . ) G i v e n u n d e r m y hand and seal the day o f , in the y e a r o f o u r L o r d o n e t h o u s a n d eight h u n d r e d and J.P. (,..s.)

SCHEDULE Warrant to

F.

distrain.

I, A . B . , of . d o hereby authorise y o u C D . , o f , t o distrain the g o o d s and chattels in the d w e l l i n g - h o u s e [or- in and u p o n the farm, laud, ami p r e m i s e s ] o f E . F . , situate at , for p o u n d s , b e i n g the a m o u n t o f r e n t d m ; t o m o for t h e same on the day o f last [ o r i n s t a n t ] , and t o p r o c e e d t h e r e o n f o r t h e r e c o v e r y o f the said r e n t as the law d i r e c t s . D a t e d this day of A.D.18 . A.B. [or A . B . by his a t t o r n e y G . H . ] SCHEDULE

SCHEDULE Inventory.

G.

I have this day [// distress made by a bailiff' here add by virtue o f the warrant a c o p y o f which is h e r e u n d e r w r i t t e n ] distrained the f o l l o w i n g g o o d s a n d chattels in the d w e l l i n g - h o u s e [or in and u p o n the farm, land, and p r e m i s e s ] o f E.E., situate at , for pounds, being the a m o u n t o f rent d u e to m e [or if the distress be matte by a bailiff' to A.13., o f ] f o r the same o n the day last [or instant]. D a t e d this day o f A .D . 18 . A.13., landlord, [or C D . , bailiff.] [And if distress made by a bailiff, enumerate the goods and chattels insert a copy of the warrant to distrain.] at full length, then

SCHEDULE Charges of

H. £ s. d.

distress.

C o s t s o f levy w h e r e made b y an agent or bailiff u n d e r the authority o f a w a r r a n t t o distrain a c c o r d i n g t o the f o l l o w i n g scale--"Where the sum distrained f o r shall be m o r e than t w o and less than ten p o u n d s ... W h e r e such s u m shall b e ten and less t h a n fifty p o u n d s ... ... ... W h e r e such sum shall b e fifty p o u n d s o r upwards ... ... ... ... M a n in possession p e r diem ... ... ... ... ... ... C h a r g e s o f a u c t i o n e e r o r bailiff c o n d u c t i n g sale not e x c e e d i n g 21/2per cent. A d v e r t i s e m e n t s -- t h e m o n e y paid for their insertion if such advertisements b e by the p e r s o n w h o s e g o o d s are distrained.

0 5 0 10 10 0 4

0 0 0 0

required

SCHEDULE Precept to

I.

replevy.

A.13., E s q u i r e , sheriff [or d e p u t y specially a p p o i n t e d by the sheriff o r o n e of l l e r M a j e s t y ' s j u s t i c e s assigned to k e e p the p e a c e ] , t o C D . , my bailiff--Because E . F . hath f o u n d m e sufficient security as well f o r p r o s e c u t i n g his suit with effect against G . H . f o r taking his g o o d s and chattels, to wit [specifying them'], and also f o r m a k i n g a return t h e r e o f if r e t u r n t h e r e o f shall be a d j u d g e d , t h e r e f o r e 1 c o m m a n d y o u w i t h o u t d e l a y to r e p l e v y and deliver to the said E . F . ins said g o o d s and chattels, which the said G . H . hath t a k e n a n d unjustly detained as alleged. T h e r e o f fail n o t . D a t e d this day o f A.D. 18 . A . B . , sheriff [or sheriff's d e p u t y or j u s t i c e o f the p e a c e . ]

SCHEDULE Replevin

K.

bond.

K n o w all men b y these presents that w e , J.P., o f [place of abode and addition], C D . , o f [place of abode and addition], and L . H . , o f [place of abode and addition], are held and firmly b o u n d t o A.13.. E s q u i r e , sheriff o f N e w South W a l e s [or d e p u t y specially a p p o i n t e d by the sheriff or o n e o f H e r M a j e s t y ' s j u s t i c e s assigned to k e e p the p e a c e ] , in the sum of [insert double the value of the goods and chattels] of lawful m o n e y of

of G r e a t B r i t a i n , to be paid to t h e said A.B., or his certain a t t o r n e y , e x e c u t o r s , admin i s t r a t o r s , or assigns, for which p a y m e n t to he m a d e we bind ourselves and each of us, o u r respective heirs, executors, and a d m i n i s t r a t o r s , jointly and severally firmly by these presents. D a t e d this day of
A.D

18

W h e r e a s t h e above A . B . , u p o n t h e complaint of t h e above J . P . , h a t h c o n s e n t e d to deliver a n d replevy to t h e said J . P . the goods a n d c h a t t e l s following, t o wit [enumerate the whole of the property ], which J.N., of [place of abode and addition], h a t h t a k e n a n d wrongfully withheld as t h e said J . P . a l l e g e s -- N o w t h e condition of this obligation is t h a t if t h e said J . P . do within one m o n t h n o w n e x t e n s u i n g c o m m e n c e an action against t h e said J . N . in t h e S u p r e m e Court of N e w S o u t h W a l e s , or in some c o m p e t e n t D i s t r i c t C o u r t or c o u r t of p e t t y sessions, and do p r o s e c u t e such suit with effect and w i t h o u t delay against t h e said J . N . for t h e t a k i n g and w i t h h o l d i n g of t h e said goods and chattels, and also do m a k e r e t u r n thereof, if r e t u r n thereof shall be a d j u d g e d b y law, a n d so defend a n d save h a r m l e s s t h e said A . B . a g a i n s t t h e said J . N . and all o t h e r p e r s o n s from and against all m a t t e r s and t h i n g s c o n c e r n i n g the premises, t h e n this obligation shall be void, o t h e r w i s e it is to r e m a i n in full force.
-

Signed, sealed, and delivered in t h e p r e s e n c e of

J.P.
CD.

(L..s.)
(L.S.)

Dir.

(L,.s.)

SCHEDULE Assignment

L.

of bond.

K n o w all men by t h e s e p r e s e n t s , t h a t I, t h e w i t h i n - n a m e d A.B., have a t t h e r e q u e s t of t h e w i t h i n - n a m e d J . N . [the avowant or person making cognizance] assigned over this replevin bond u n t o him the said J . N . p u r s u a n t to t h e Act in such ease made and provided. I n witness whereof I have h e r e u n t o set H I T h a n d and seal this day of IS . Signed, scaled, and d e l i v e r e d ' in t h e p r e s e n c e of A.B. (r,.s.)

SCHEDULE Plaint.

M.

A . B . of [insert place of residence], complains of C D . of [insert place of residence], for t h a t t h e said C D . did on t h e d a y of last [or i n s t a n t ] at [insert place of distress] unlawfully d i s t r a i n t h e following goods a n d chattels of t h e said A.B., t h a t is to say [here describe them at full 7ent/th], for t h e sum of [here insert amount distrained for], which lie t h e said C.D, alleged t o be d u e to him for r e n t .

Act