The Upper Canada Law Journal

Cover The Upper Canada Law Journal
The Upper Canada Law Journal
William S. Hein & Company
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[Sandwich, Feb. 27,1866] In this matter an order was made by the judge of the County Court, on reading the affidavit of George Murray, the landlord, under the 27 & 28 Vic. cap. 80, relating to overholding tenants, fixing a day and place to enquire and determine whether Timothy O'Connell was the tenant of Murray for a term which had expired.
Borne appeared for the tenant.
PrincCf Q. C, for the landlord, proposed to read the affidavit of the landlord upon which the appointment was made, as eviden
...ce in his behalf, and contended that the affidavits made out a primA facie case in his favor, and cast upon the tenant the onus of proving that the tenancy had not expired; and that, the tenant failing to adduce any evidence, the landlord was entitled to a precept to the sheriff, commanding him to place the landlord in possession of the premises in question.
Lkgoatt, Co. J.—The statute 27 & 28 Vic.
cap. 80, is intended to provide a more expeditioue mode of proceeding against tenants overholding wrongfully, than is provided by cap.


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