Odger's English Common Law

444 RECOVERY OF LAND.
paid his rent. But if it does not, then he must go further
and adopt one or other of the following courses :
(a) He must either prove what is called " a common law
demand" of the rent on the premises—a feat
which, it is credibly asserted, no plaintiff ever
succeeded in accomplishing ; or
(b) under the provisions of the Common Law Procedure
Act, 1852, 1
he must prove that a half-year's rent
was in arrear before the writ was served, and
that there was not to be found on the demised
premises sufficient distress to countervail the arrears.
Moreover, when a landlord seeks to enforce a forfeiture for
non-payment of rent, the lessee can obtain relief under the
same section. The power of granting relief given to the
Courts is now a very wide one. If the lessee, at any stage of
the proceedings before j udgment, pays into court the rent due
with costs, the action will be stayed. And even after judgment
has been recovered he can obtain relief by paying such
rent and costs, provided he does so within six months ; and
so can any assignee, mortgagee or any other person claiming
under the lessee. But if no such payment be made within
the six months, the lessee and all claiming under him will be
barred and foreclosed from all relief or remedy, and the
lessor will hold the land discharged from the lease.
In any action for the recovery of land the plaintiff may
also claim any arrears of rent or "double value" 2 due to
him, and damages for breach of any covenant contained in
the lease or for any injury done to the premises. If the
defendant be a mere trespasser, the plaintiff may add a claim
for mesne profits and for any injury done to the premises,
Mesne profits are the rents and profits which a trespasser
has received or made during the time that he was in posses-
sion, or which he might have received or made during that
period if he had used due skill and diligence, These he
must hand over to the rightful owner; the amount of them
is unliquidated and must be assessed by the jury.
1 15 & 16 Vict. c. 76, s. 210.
* See post, p. 1259.
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