JUDGMENT

Stephen, J. - In this case the plaintiff claims certain reliefs under the following circumstances:

2. On the 2nd of November 1905, he took from the defendant a lease of a house and premises, 38 Elgin Road, which are admittedly beyond the limits of the local Original Jurisdiction of this Court. The lease was for 15 years from the 15th of September 1905. It contained two provisions, with which we are concerned; the first was an ordinary covenant for re-entry by the landlord in case of non-payment of rent, the other provision gave him a right to enter on the premises on their being vacated by the tenant, and enabled him in that case to re-let the premises, the tenant remaining liable on his covenants, and in particular being liable for any deficiency of the rent on re-letting by the landlord. What occurred was that the rent for the months of April, May and June fell into arrears, and the landlord obtained a decree in respect of these arrears in the Small Cause Court in August of that year. At about the same time the premises were vacated by the plaintiff on his being committed to jail in consequence of a conviction before the criminal sessions of this Court. The plaintiff's chi