Landlord and Tenant Law Amendment Act, Ireland 1860

Fresh execution of writ on justice’s certificate.

96. In any case in which any such writ or decree shall have been executed as last aforesaid, and any such former tenant or occupier shall, within the said period of six months from the date of such execution, without lawful authority, re-enter into or resume the possession of the said premises or any part of them, upon an application made to any justice of the peace of the county at petty sessions, and upon proof made before him to his satisfaction of the due service of a summons or notice of such intended application, and of the facts of such execution and unlawful re-entry, upon affidavit or on oath (which affidavit or oath such justice is hereby authorized to take or administer), it shall be lawful for such justice, and he is hereby required, to certify in writing under his hand that in his opinion in such case a sufficient cause had been shown for having the said writ or decree executed anew as to the part or parts of the premises of which the possession shall have been resumed as aforesaid; and upon the production of such certificate on the part of the plaintiff in such action or civil bill, or his heir, executor, administrator, or assignee, the writ or decree shall be executed anew by the sheriff or his special bailiff as to the part or parts of which the possession shall have been resumed as aforesaid.