ENTITLED
ENCLOSURE
2.
503
Reat 10 JAN 19
Attorney General's Office.
13th December, 1897.
REPORT ON ORDINANCE 27 OF 1897,
I have examined the accompanying Ordinance,
"An Ordinance to facilitate the Recovery of
Possession of Tenements and Premises of small Value.
and I am of opinion that the Ordinance is one which is not
contrary to the Governor's Instructions. I append my original
note on the Ordinance
Doubts having arisen as to whether the English Act, 1 and 2 Vict. c. 74, to facilitate the recovery of Small Tenements, applied to Hongkong, it is deemed desirable to place upon the local Statute Book an Ordinance drawn upon the lines of that Act, but with such variations as local circumstances seem to require.
The necessity for an Ordinance of the kind is obvious, for proceedings in a suit for ejectment are somewhat costly and in many cases it would be quite impossible for the successful suitor to recover his costs against tenants or trespassers of the class at which the Ordinance aims. It is not uncommon, in this Colony, for a small tenant, possessed of no means, to hold over, or for a person, having no right so to do, to encroach upon, or inclose, a piece of land in the country districts and erect a cowshed, pay no rent and refuse absolutely to give up possession. Indeed, cases have arisen where, land having been let at an almost nominal rent for vegetable gardens, the tenants and their friends have proceeded to erect cowsheds and form a sort of village of such an insanitary character that the Sanitary Board has called upon the owner to abate the nuisance. This he is powerless to do, because the tenants and squatters refuse to quit in spite of notice being given; and his only course, without the aid of some such Act as 1 and 2 Vict. c. 74, is to bring a large number of suits for ejectment - without any chance of recovering the costs of such proceedings.
COPY.
entitled
ENCLOSURE
2.
503
Reat 10 JAN 19
Attorney General's Office.
13th. December, 1897.
REPORT ON ORDINANCE 27 OF 1897,
I have examined the accompanying Ordinance,
"An Ordinance to facilitate the Recovery of
Possession of Tenements and Premises of small Value.
and I au of opinion that the Ordinance is one which is not
contrary to the Governor's Instructions. I append my origina
note on the Ordinance
Doubts having arisen as to whether the English Act, 1 and Vict. č. 74, to facilitate the recovery of Swall Tenements, applied to Hongkong, it is deemed desirable to place upon the local Statute Book an Ordinance drawn upon the lines of that Act, but with such variations as local circumstances seem to require.
The necessity for an Ordinance of the kind is obvious, for proceedings in a suit for ejectment are somewhat costly and in many cases it would be quite impossible for the successful suitor to recover his costs against tenauts or trespassers of the class at which the Ordinance aims. It is not uncommon, in this Colony, for a small tenant, pos- sessed of no means, to hold over, or for a person, having no right so to do, to oneroach upon, or fucluse, a piece of land in the country districts and erect a watshed, pay tu rent and refuse absolutely to give up possession. Indeed, cases have arisen where, laud having been let at au almost nominal rent for vegetable gardens, the tenants and their friends have proceeded to erect oatsheds and form a sort of village of such an insanitary character that the Sanitary Board has called upon the owner to abate the nuisance. This he is powerless to do, because the tenants and squat- ters refuse to quit in spite of notice being given; and his only course, without the aid of some such Act as 1 and 2 Vict. c. 74. is to bring a large number of suits for ejectmeu- without any chance of recovering the costs of such prot ceedings.
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