Instructions to Her Majesty's Consular Officers in China And Japan, On the Mode of Conducting Judicial Business, With Comments On the China And Japan Order in Council 1865, And the Rules of Procedure Framed Under It

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Proceedings to To recover possession of Premises, if it is the Landlord who claims sionof premises, he should state in his Petition that the Tenancy has expired either 37 by notice to quit — effluxion of time or otherwise — and this he must prove on the Trial to entitle him to a delivery of the possession of the Premises — the Petition must state all the facts of the Tenancy, &c, &c, and it must be served on the Tenant or Tenants in possession whether they are sub-Tenants or hold direct from th
...e Petitioner.
Any one can come forward and defend the rig'ht to the possession, but he, as well as a Tenant or occupier, is liable to be called upon to give security for Costs to be paid to the Petitioner in the event of his — the Defendant's — non-success. At the trial — the Plaintiff must show either that he is the Owner — or that he is in the position of Landlord. A Defendant may dispute his right to the Ownership and show it is in himself or in some else, but he cannot open up any such question if the Petitioner proves that the relation of Land- lord and Tenant existed between them — inasmuch as it is a rule of Law, that a Tenant cannot dispute the title of his Landlord.


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