THE HONGKONG GOVERNMENT GAZETTE, 27TH NOVEMBER, 1897. 1027
then actually occupied shall, notwithstanding that demand for possession has been made, neglect or refuse to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a Police Magistrate, upon a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such Magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises. Such complaint and summons may be in the Forms No. 1 and No. 2 respectively in the schedule to this Ordinance.
4. Any summons, issued under this Ordinance, may be Service of served either personally or by leaving the same with some summons. person being in and apparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant shall either not be known or admission thereto cannot be obtained for serving such summous, the posting up of the said summons, on some conspicuous part of the premises, shall be deemed to be good service upon such person.
5. If the person so served with a summons as aforesaid Warrant for shall not appear before the Magistrate at the time and possession. place mentioned in such summons, or shall fail to show cause why be should not quit and deliver up possession of the said premises, it shall be lawful for the Magistrate to issne his warrant to any constable of the Colony, command- ing him to enter (by force if needful) into the premises, and give possession of the same to the owner thereof or his agent: Provided always, that entry, upon any such warrant, shall not be made at any time except between the hours of nine in the morning and five in the afternoon: Provided also, that nothing herein contained shall be deemed to pro- tect any person on whose application any such warrant shall be granted from any suit which may be brought against him by any such tenant or occupier, for and in respect of such entry and taking possession, where such person had not, at the time of granting the same, lawful right to the possession of the said premises.
The warrant under this section may be in the Form No. 3 in the schedule.
6. When any person by whom any illegal encroachment Recovery of or inclosure has been made upon the land of another person, land in case
of illegal not exceeding in value twenty dollars a month or two
encroach- hundred and forty dollars a year, shall neglect or refuse ment or upon demand made to quit and deliver up possession of inclosure, the same or any part thereof to the owner of such land or not exceed- his agent, the possession thereof may be recovered by such ing in value $240 a year. owner or agent under the provisions of this Ordinance, iu like manner as if the occupier of such encroachment or inclosure were the tenant of any premises the possession of which is recoverable under this Ordinance, whose term or interest had ended.
if bond
7. In every case in which the person on whose applica- Execution of tion any such warrant shall be granted had not, at the warrant may time of granting the same, lawful right to the possession be stayed, of the premises the obtaining of any such warrant as afore given by said shall be deemed a trespass by him against the tenant defendant. or occupier of the premises, although no entry shall be made by virtue of the warrant; and, in case any such tenant or occupier will become bound with two sureties as bereinafter provided, to be approved of by the Magistrate, in such sum as to him shall seem reasonable, (regard being had to the value of the premises, and to the probable costs of a suit,) to sue the person on whose application such warrant was granted, with effect and without delay, and to pay all the costs of the proceedings in such suit in case judgment shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his suit, or become non-suit therein, execution of the warrant shall be delayed until judgment shall have been given in such suit; and if upon the trial of such suit for trespass judgment shall pass for the plaintiff, such judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the said suit.
8. Every such boud as herein before mentioned shall be Bond, and made to the complainant or his agent at the cost of proceedings
thereon. such complainant or agent, and shall be approved of and attested by the Magistrate, and if the bond so taken be forfeited, or if upon the trial of the suit for securing the trial of which such bond was given, the judge by whom it shall be