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AND TENANT

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Originally appearing in Volume V09, Page 138 of the 1911 Encyclopedia Britannica.
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AND See also:

TENANT .) In See also:Scotland, the recovery of See also:land is effected by an See also:action of " removing " or See also:summary ejection. In the See also:case of a tenant " warning " is necessary unless he is See also:bound by his See also:lease to remove without warning. In the case of possessors without See also:title, or a title merely See also:precarious, no warning is needed. A summary See also:process of removing from small holdings is provided for by See also:Sheriff Courts (Scotland) Acts of 1838 and 1851. In the See also:United States, the old See also:English action of See also:ejectment was adopted to a very limited extent, and where it was so adopted has often been superseded, as in See also:Connecticut, by a single action for all cases of See also:ouster, disseisin or ejectment. In this action, known as an action of disseisin or ejectment, both See also:possession of the land and See also:damages may be recovered. In some of the states a tenant against whom an action of ejectment is brought by a stranger is bound under a See also:penalty, as in See also:England, to give See also:notice of the claim to the landlord in See also:order that he may appear and defend his title. In See also:French See also:law the landlord's claim for See also:rent is fairly secured by the See also:hypothec, and by summary See also:powers which exist for the seizure of the effects of defaulting tenants. Eviction or annulment of a lease can only be obtained through the judicial tribunals. The See also:Civil See also:Code deals with the position of a tenant in case of the See also:sale of the See also:property leased. If the lease is by See also:authentic See also:act (acte authentique) or has an ascertained date, the purchaser cannot evict the tenant unless a right to do so was reserved on the Iease (See also:art. 1743), and then only on See also:payment of an See also:indemnity (arts.

1744-1747). If the lease is not by authentic act, or has not an ascertained date, the purchaser is not liable for indemnity (art. 1750). The tenant of rural lands is bound to give the landlord notice of acts of usurpation (art. 1768). There are analogous provisions in the Civil Codes of See also:

Belgium (arts. 1743 et seq.), See also:Holland (arts. 1613, 1614), See also:Portugal (art. 1572); and see the See also:German Civil Code (arts. 535 et seq.). In many of the colonies there are statutory provisions for the recovery of land or premises on the lines of English law (cf. See also:Ontario, Rev.

Stats. 1897, c. 170. SS. 19 et seq.; See also:

Manitoba, Rev. Stats. 1902, c. 1903). In others (e.g. New See also:Zealand, Act. No. 55 of 1893, ss.

175-187; See also:

British See also:Columbia, Revised Statutes, 1897, c. 182; See also:Cyprus, Ord. 15 of 1895) there has been legislation similar to the Small Tenements Recovery Act 1838.

End of Article: AND TENANT

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