Recovery of land in case of illegal encroachment or inclosure, not exceeding in value twenty dollars a month or two hundred and ten dollars a year.
...protect 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 or inclosure has been made upon the land of another person, not exceeding in value twenty dollars a month or two hundred and ten dollars a year, shall neglect or refuse, 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.
7. In every case in which the person on whose application, or on behalf of whom, any such warrant shall be 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 shall 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 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, 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 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 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 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 tried shall not certify that the condition of the bond hath been fulfilled, the party to whom the bond shall have been so made may bring a suit, and recover thereon: Provided always, that the Court, where such suit as last aforesaid shall be brought, may, by an order, give such relief to the parties upon such bond as may be agreeable to justice, and such order shall have the nature and effect of a defence to such bond.
9. It shall not be lawful to bring any suit or prosecution against the Magistrate by whom such warrant as aforesaid shall have been issued, or against any constable by whom such warrant may be executed, for issuing such warrant or executing the same respectively, by reason that the person on whose application, or on behalf of whom, the same shall be granted had not lawful right to the possession of the premises.
Passed the Legislative Council of Hongkong, this 8th day of December, 1897.
J. G. T. BUCKLE, Clerk of Councils.
Assented to by His Excellency the Governor, the 13th day of December, 1897.
J. H. STEWART LOCKHART,
54
SCHEDULE.
Note.—These Forms may be varied to meet the requirements of the particular case, provided such case comes within the Ordinance.
FORM No. 1.
Complaint before a Magistrate.
The complaint of
owner or agent, &c., as the case may be made before we, a Magistrate of the Colony of Hongkong, who saith that the said
did let to
and situate at
at the rent of
a tenement, existing of
in this Colony for
and that the said tenancy expired (or was determined by notice to quit, given by the and is the case may be) on the
day of
(or that the said hath illegally encroached upon, or illegally inclosed, land situate at
belonging to the complainant or as the case may be, such encroachment or inclosure not exceeding in value $20 a month or $210 a year, as the case may be) and that notwithstanding demand in due, the said
refused (or neglected) to deliver up possession of the said tenement, (or encroachment or inclosure, as the case may be,) and still detains the same.
Taken the
day of
before me.
(Signed).
Police Magistrate.
To
FORM No. 2.
Summons.
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
Reg. on the complaint of
Complaint having been this day made before the undersigned a Police Magistrate of this Colony for that you, being the tenant or occupier of certain premises situate at
of which
in this Colony, and such tenancy or holding having expired or been legally determined (or as the case may be) or, [that you having illegally encroached upon or illegally made an inclosure upon, certain land situate is the owner (as the case may be) have unlawfully refused or neglected to deliver over possession of the said premises to the owner thereof: These are, therefore, to command you in Her Majesty's name to be and appear on o'clock in the forenoon at the said Police Court before me, to answer to the said complaint and to be further dealt with according to law.
Dated
FORM No. 3.
Warrant.
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
Section 3. See also Section 8.
Warrant to each and all of the Constables of the said Colony. Whereas set forth the complaint, I, a Police Magistrate of the said Colony, do authorize and command you, between the hours of nine in the forenoon and five in the afternoon, to enter (by force, if needful) and with or without the aid of (the owner, or agent, as the case may be,) or any other person or persons whom you may think requisite to call to your assistance, into and upon The said premises, and to eject thereout any person, and of the same [or of the said encroachment or inclosure (as the case may be)] full and peaceable possession to deliver to the said (the owner or agent). Given under my hand and seal, this To
day of
, and all the other Constables of the said Colony.
(Signed),
Police Magistrate.
Section 3. See also Section 6.
Section 5.
See also Section 6.
Colonial Secretary.
502A