CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 34

Notice of action

and special defences.

Possession of

exceeding $500 per

annum reco-

Court.

If tenant neglect to appear or

refuse to give

possession, Court may

20. Except by consent or leave of the Court, no cause or matter within the Summary Jurisdiction of the Court shall be set down for hearing before at least two clear days from the service of the summons where the sura claimed shall be more than Dollars Fifty nor before twenty-four hours where the sum claimed shall be Dollars Fifty or less than that sum, and except by consent or by leave of the Court, it shall not be competent to the defendant to enter into any special defence such as "set off," "illegality," "want of consideration or the statute of limitations," unless at least twelve hours' written notice thereof has been first given to the plaintiff or his attorney.

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21. When the term and interest of the tenant of

any landis tenements not or tenements where the value of the premises of the rent payable in respect of such tenancy did not exceed the annual value of Five hundred Dollars, shall have ended or shall have been duly verable in the determined by a legal notice to quit, and if such tenant or occupier of the same or any part thereof shall neglect or refuse to quit and deliver up possession of the premises or part thereof respectively, it shall be lawful for the landlord or his agent to enter à suit in the Court, and thereupon a summons shall issue to the person so neglecting or refusing; and if the tenant or occupier shall not thereupon appear at the time and place appointed and show cause to the contrary, and shall still neglect or refuse to deliver up possession of the premises to the landlord or his agent, and pay the costs incurred, it shall be lawful for such landlord or agent to issae warrant give proof to the Court of the holding and of the end or other to enforce the determination of the tenancy, with the time or manner thereof, and, where the title of the landlord has accrued since the letting of the premises, 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 warrant to the bailiff of the said 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.

game.

Provisions us to arrears of rent.

Execution.

22. Having regard to the annual amount aforesaid, where an arrear of six months rent shall be due on any lands or premises, and not paid after due demand, and no sufficient distress ou 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 putting such landlord into possession, unless the rent and costs of proceedings be paid within one fortnight from the pronouncing of such decree.

23. In each and every case where the Court shall have made any order or decree for the payment of money, it shall be lawful for the Court, at the prayer of the party so prosecuting such order or decree, to issue a writ or precept, which writ or precept shall be directed to the bailiff of the said Court, who is hereby authorized and empowered to levy the amount thereot of the goods, chattels, and effects of the defendant, or to arrest the defendant as the case may be: Provided that it shall be appoint special lawful for the Court, when thereto required by the plaintiff in any suit or proceeding wherein such writ or precept may be issued, to appoint one or more special bailiff or bailiffs, to be named by the plaintiff, to execute such writ or precept, upon receiving from the plaintiff full and sufficient security against any improper use or abuse of such writ or precept.

Power to

bailiffs.

Orders and

24. All such orders and decrees shall be carried into execu- decrees may be tion in any district or place whatsoever within the Colony or executed any in any place within the jurisdiction of the Court, where the de- where within fendant, his goods, chattels, or effects, may be found or be met the Colony. with. All executions and processes against the property of Time of levy. the defendant shall be executed after sunrise and before sunset, and any officer or person executing the same at any other time shall be liable to a fine not exceeding Fifty Dollars, to be enforced by distress and sale of the offender's goods.

Mode of

execution.

25. For the purpose of preventing any disputes as to the mode of executing the said last-mentioned writ or precept, the same shall be executed in the following manner; that is to say: the bailiff or bailiffs in the first instance shall, if practicable, levy- on the goods, chattels and effects of the defendant, and in the event of such bailiff or bailiffs not being able to find sufficient goods, chattels or effects, of the defendant, and the defendant. failing to point out to his or their notice any property whereon to levy, the said bailiff or bailiffs shall enforce the order or decree of the Court by the personal arrest and imprisonment of the defend- ant as hereinafter is mentioned.

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