637720-1897-Bills-read-Widows-and-Orphans-Pensions-Amendment--Small-Tenements-Recovery — Page 4

1028

THE HONGKONG GOVERNMENT GAZETTE, 27т NOVEMBER, 1897.

Protection of Magistrate and con. stables.

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 defeasance 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 the same shall be granted had not lawful right to the possession of the premises.

SCHEDULE.

Note. These Forms may be varied to meet the requirements of the particular case, provided such case comes within the Ordi-

nance.

Section 3.

FORM No. 1.

Complaint before a Magistrate.

The complaint of

[owner or agent, &c., as the case may be] made before me, a Magistrate of the Colony of Hong- kong, who saith that the said

did let to

and situate at

at the rent of

a tenement; consisting of

in this Colony for

day of

and that the said tenancy expired [or was determined by notice to quit, given by the said as the case may be,] on the

(or that the said hath illegally encroached upon, or illegally inclosed, land situate at

belonging to the complainant, as the case may be) and that notwithstanding demand made, 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.

Section 3.

FORM No. 2.

Summons.

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF

HONGKONG.

Reg. on the complaint of

t.

To

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

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

of which

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

at

nt

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

Section 5.

189

(Signed),

Police Magistrate.

FORM NO. 3.

Warrant.

IN THE POLICE COURT AT VICTORIA IN THE COLONY OF

HONGKONG.

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 anthorize 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 iuclosure (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

То Colony.

$

day of

and all the other Constables of the said

(Signed).

Police Magistrate.