1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
105
Service of originating summons
130. An originating summons issued under section 129 may be served either personally or by leaving the same with some 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 is not known or admission thereto cannot be obtained for serving the originating summons, the posting up of the originating summons on some conspicuous part of the premises shall be deemed to be good service on the defendant.
(27 of 1897 s. 4 incorporated. Amended 51 of 1911; 2 of 1912 Schedule; 27 of 1937 Schedule; 37 of 1986 s. 10)
Issue of warrant for possession of premises
[cf. U.K. 1838 c. 74 s. 2)
131. If the person served with an originating summons under section 130 does not appear before the District Court at the time and place mentioned in the originating summons, or fails to show cause why he should not quit and deliver up possession of the premises, the District Court may issue its warrant to any bailiff of the High Court or the District Court, commanding him to enter (by force, if needful) into the premises, and give possession of the same to the owner thereof or his agent: (Amended 37 of 1986 s. 11)
Provided that-
(a) entry, upon a warrant, shall not be made at any time except between
9 a.m. and 5 p.m.;
(b) nothing herein contained shall be deemed to protect any person on whose application a warrant may be granted from any action which may be brought against him by a 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.
(27 of 1897 s. 5 incorporated. Amended 50 of 1911 s. 4; 51 of 1911 s. 4; 1 of 1912 Schedule; 21 of 1912 s. 2; 29 of 1962 s. 2; 35 of 1969 Schedule; 92 of 1975 s. 59)
[cf. U.K. 1838 c. 74 s. 1]
Recovery of land in case of illegal encroachment or inclosure with a rateable value not exceeding $30,000
132. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, the rateable value of which at the time of any demand made under this section does not exceed $30,000, 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 this Part, in like manner as if the occupier of such encroachment or inclosure were the tenant of premises the possession of which is recoverable under this Part, whose term or interest had ended.
(27 of 1897 s. 6 incorporated. Amended 4 of 1951 Schedule; 37 of 1986 s. 12)