Page:UKSRO 1890.pdf/152
rules annexed, fifteen clear days before the first day of the sessions to which the application for such writ of restitution is intended to be made.
4. The application for a writ or order of restitution to restore a party to the possession of lands under the 70th section of the Landlord and Tenant Law Amendment Act (Ireland), 1860,[1] shall be made in the division of the county in which the ejectment decree has been obtained.
5. The writ of restitution, ordering a defendant to be restored to the possession of lands from which he had been evicted in a decree in an ejectment for non-payment of rent, shall be in the form in the schedule hereto annexed.
6. When notice of an application for a writ of restitution has been served pursuant to the 70th section of the Landlord and Tenant Law Amendment Act (Ireland), 1860, the plaintiff in the Civil Bill ejectment decree, if he intends claiming any rent not included in the Civil Bill ejectment, or which may have become due since the signing of the decree, shall give two clear days' notice of such his intention to the party so applying for such writ of restitution.
7. Where a decree for possession in an ejectment for non-payment of rent has been executed, and the landlord has been put into possession, and before the period of six months has expired for the redemption of the lands so evicted, any further rent has become due in respect of said lands, the party applying to the Court for a writ of restitution to be restored to the possession of the said lands mentioned in said decree for possession, shall, before such writ of restitution issues, pay over or lodge in Court such further rent as may be awarded by the Court, in addition to the sum ascertained to be due for rent and costs by said decree.
8. Where the landlord has been put into possession of lands under a decree for possession in an ejectment for non-payment of rent, and the tenant or party entitled to apply for a writ of restitution shall require such landlord to account for the profits of the lands received by him whilst he was so in possession, such tenant or party so applying for a writ of restitution shall, in the notice that such application will be made, inform the landlord that he will be called on to account, at the hearing of the application for such writ of restitution, for such profits.
9. Where there are several defendants in an ejectment for non-payment of rent, and a decree shall be made ordering the costs to be paid by some or one of the defendants to the exclusion of the others, should the parties or party who are so exonerated from the payment of costs by such decree apply for a writ of restitution to be restored to the possession of the premises after such decree has been executed, they must, in addition to the rent and arrear of rent due out of said premises, lodge in Court
- ↑ 23 & 24 Vict. c. 154.