AND

TENANT  .) In Scotland, the recovery of land is effected by an action of " removing " or summary ejection . In the case of a tenant " warning " is necessary unless he is bound by his lease to remove without warning . In the case of possessors without title, or a title merely precarious, no warning is needed . A summary process of removing from small holdings is provided for by Sheriff Courts (Scotland) Acts of 1838 and 1851 . In the United States, the old English action of ejectment was adopted to a very limited extent, and where it was so adopted has often been superseded, as in Connecticut, by a single action for all cases of ouster, disseisin or ejectment . In this action, known as an action of disseisin or ejectment, both possession of the land and 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 penalty, as in England, to give notice of the claim to the landlord in order that he may appear and defend his title . In French law the landlord's claim for rent is fairly secured by the hypothec, and by summary 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 Civil Code deals with the position of a tenant in case of the sale of the property leased . If the lease is by authentic 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 (art . 1743), and then only on payment of an 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

Belgium (arts . 1743 et seq.), Holland (arts . 1613, 1614), Portugal (art . 1572); and see the 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 . Ontario, Rev .

Stats . 1897, c . 170 . SS . 19 et seq.;

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

175-187;

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