637930-1897-Ordinances-Nos-26-and-27-of-1897-assented-to — Page 3

1090

THE HONGKONG GOVERNMENT GAZETTE 18TH DECEMBER, 1897.

Recovery of land in case of illegal encroach- ment or inclosure, not exceed- ing in value $240 a year.

Execution of

tect any person on whose application any such warrant shall be granted from any suit which may be brought against him by any such tenint 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 forty 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," warrant may or on behalf of whom, any such warrant shall be granted had be stayed,

not, at the time of granting the same, lawful right to the pos- if bond given by

session of the premises the obtaining of any such warrant as defendant. 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 julgment 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,

thereon.

Bond, and 8. Every such bond as hereinbefore mentioned shall be proceedings 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 boud 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.

and con-

stables.

Protection of 9. It shall not be lawful to bring any suit or prosecution Magistrate

against the Magistrate by whom such warrant as aforesaid shall have been issned, 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 Conncil 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,

Colonial Secretary,