864
Issue of warrant for premises.
No. 10 of 1897. SMALL TENEMENTS RECOVERY.
of the defendant is not known or admission thereto cannot be obtained for serving the summons, the posting up of the summons on some conspicuous part of the premises shall be deemed to be good service on such person.
5.-(1) If the person so served with a summons does not appear before the magistrate at the time and place mentioned in the summons, or fails to show cause why he should not quit and deliver up possession of the premises, it shall be lawful for the magistrate to issue his warrant to any constable, commanding 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 9 a.m. and 5 p.m. Provided also that nothing herein contained shall be deemed to protect any person on whose application any such warrant may be granted from any action which may be brought against him by any such tenant or occupier for aid 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. (2) The warrant may be in Form No. 3 in the Schedule.
Schedule. Form No. 3.
Recovery of land in case of illegal encroachment not exceeding $240 in annual value.
6. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, encroachment not exceeding in value twenty dollars a month or two hundred and forty dollars a year, refuses or neglects, upon demand made, to quit and deliver up possession of the same, or any part thereof, to the owner of such land or his agent, the possession thereof may be recovered by such owner or agent under the provisions of this Ordinance, in 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.
Stay of warrant if bond given by defendant.
7. In every case in which the person on whose application, or on behalf of whom, any such warrant is granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of any such warrant as aforesaid shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry may be made by virtue of the warrant; and, in case any such tenant or occupier will become bound with two sureties as hereinafter provided, to be approved of by the magistrate, in such sum as to him may seem reasonable (regard being had