annum, recoverable
207
Possession of II. And be it further enacted and ordained, that when the term and interest of Tenements not ex- the Tenant of any Lands or Tenements where the value of the premises or the Rent ceeding $500 per payable in respect of such tenancy did not exceed the annual Sum of Five Hundred by Plaint in the Dollars, shall have ended or shall have been duly determined by a legal notice to Summary Jurisdic- quit, and if such Tenant or occupier of the same or any part thereof shall neglect tion of the Supreme or refuse to quit and deliver up possession of the Premises or of such part thereof Court.
respectively, it shall be lawful for the Landlord or his Agent to enter a plaint (after the Form in the schedule hereunto annexed) in the Supreme Court in its Summary Jurisdiction, and thereupon a Summons shall issue to the person so neglecting or If Tenant, &c., refusing; and if the Tenant or occupier shall not thereupon appear at the time and neglect to appear place appointed and show cause to the contrary, and shall still neglect or refuse to or refuse to give deliver up possession of the Premises to the Landlord or bis Agent, it shall be law- possession, Court may, on proof of ful for such Landlord or Agent to give proof to the Court of the holding, and of the Service of Sum- end or other determination of the tenancy, with the time or manner thereof, and, mons, issue a War- where the title of the Landlord has accrued since the letting of the Premises, the rant to enforce the right by which he claims the possession; and upon proof of service of the Summons and of the neglect or refusal of the Tenant or occupier, the Court may issue a War- rant to the Bailiff of the Supreme Court requiring and authorizing him, within not less than seven or more than ten clear days from the date of such Warrant to give possession of the Premises to such Landlord or Agent; and such warrant shall be a sufficient Authority to such Bailiff to enter upon the Premises with such assistants as he shall deem necessary, and to give possession accordingly :-Provided that no such entry be made on a Sunday, Good Friday, or Christmas Day, or except between the hours of Nine in the morning and Four in the afternoon.
same.
Provisions as to arrears of Rent.
Fees to be taken on taxation
Costs.
of
III. And be it further enacted and ordained, That having regard to the annual amount aforesaid where an arrear of twelve months' rent shall be due on any lands or premises, the same being reserved by lease or agreement in writing and not paid af- ter due demand, or where six months of such rent shall be in arrear and no sufficient distress on the lands or premises to satisfy such arrear, it shall be lawful for the landlord to proceed in manner aforesaid, and for the Court to make a decree for put- ting such landlord into possession, unless the rent and costs of proceedings be paid within one fortnight from the pronouncing of such decree.
IV. And be it further enacted and ordained, That in proceedings under this Or- dinance the following Fees be allowed on taxation of Costs:
J
Filing and entering Plaint,
Summons for Defendant and Copy,
If more than one Defendant, each additional Copy,
Subpoena and Copy, each witness,
Hearing and Adjudication,
Every oath of party or witness,
Order for decree or dismissal, each,
Precept,
Executing precept decree or order,
0.50
0.50
0.25
0.50
1.00
0.50
0.50
1.00
2.00
0.50
0.50
0.25
0.50
Attorney's Fees.
10.00
W. CAINE.
Any notice required during proceedings,
Copies of any proceedings per folio,
Bailiff's Fees.
Service of Summons, subpoena order or notice,
Putting into execution any order of Court,
Hearing and Attendance,
Passed the Legislative Council of Hongkong,
this 31st Day of October, 1854.
Form of Plaint.
L. D'ALMADA E CASTRO,
Clerk of Councils.
SCHEDULE REFERRED TO IN THIS ORDINANCE.
COLONY OF HONGKONG. Į
TO WIT.
A. B.
hereby requires entry to be made in the Summary Jurisdiction of the Supreme Court of his Plaint against C. D. in the said Colony (for the said C. D.
A. B.
the possession of
withholds from the said
) being premises situated in
this Colony (or for that the said C. D. owes and refuses to pay the sum of
being rent due by the said C. D. to the said A. B.)
And the said A. B. hereby declares that the particulars hereunto annexed contain a full account of his demand against the said C. D. and thereupon he prays that the said C. D. may be summoned to attend on
at
to answer such his demand.
Dated
D
(Signed)