SMALL TENEMENTS RECOVERY.
No. 10 of 1897.
891
(2) The warrant may be in form 3 in the schedule.
6. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, exceeding in value 20 dollars a month or 240 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.
Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value.
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 to the value of the premises and to the probable costs of an action), to sue the person on whose application, or on behalf of whom, such warrant was granted, with effect and without delay, and to pay all the costs of the proceedings in such action in case judgment shall pass for the defendant or the plaintiff shall discontinue or not prosecute his action or become nonsuit therein, execution of the warrant shall be delayed until judgment has been given in such action; and if, on the trial of such action, judgment passes for the plaintiff, such judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the action.
8. Every such bond as hereinbefore mentioned shall be made to the complainant or his agent at the cost of such complainant or agent, and shall be approved of and attested by the Magistrate, and if the bond so taken is forfeited or if, on the trial of the action for proceedings thereon.