D. 1897.] SMALL TENEMENTS RECOVERY.
[No. 10
355
act in the particular matter by writing under the hand of such owner.
of tenant of
$240 annual
holding over.
(1) When and so soon as the term or interest of the tenant of Summoning house, land, or other premises, held by him at will or for any term not exceeding seven years, either without being liable to the payment of any rent or at a rent not exceeding the rate of twenty dollars a month or two hundred and forty dollars a year, and upon which no fine has been reserved or made payable, has ended or has been duly determined by a legal notice to quit or otherwise, and such tenant, or (if such tenant does not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, notwithstanding that demand for possession has been made, refuses or neglects to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a Magistrate, on a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such Magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.
(2) Such complaint and summons may be in the Forms Nos. 1 and 2 in the Schedule to this Ordinance.
Forms Nos. 1 and 2.
Service of summons.
4. Any summons issued under this Ordinance may be served either personally or by leaving the same with some person being in and apparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant is not known or admission thereto cannot be obtained for serving the summons, the posting up of the summons on some conspicuous part of the premises shall be deemed to be good service on such person.
Issue of warrant for possession of premises.
5. If the person so served with a summons as aforesaid does not appear before the Magistrate at the time and place mentioned in the summons, or fails to show cause why he should not quit and deliver up possession of the premises, it shall be lawful for the Magistrate to issue a warrant to any constable of the Colony, commanding him to enter (by force, if needful) into the premises, and give possession of the same to the owner thereof or his agent: Provided always that entry upon any such warrant shall not be made at any time except between the hours of nine in the morning and five in the afternoon: Provided, also, that nothing herein contained shall be deemed to protect any person on whose application any such warrant may be granted from any action which may be brought against him by any such tenant or occupier for
231
D. 1897.] SMALL TENEMENTS RECOVERY.
[No. 10
355
aot in the particular matter by writing under the hand of such
owner.
of tenant of
.
$240 annual
holding over.
(1) When and so soon as the term or interest of the tenant of Summoning house, land, or other premises, held by him at will or for any term premises not exceeding seven years, either without being liable to the payment exceeding any rent or at a rent not exceeding the rate of twenty dollars a month rental, two hundred and forty dollars a year, and upon which no fine has unlawfully en reserved or made payable, has ended or has been duly determined alegal notice to quit or otherwise, and such tenant, or (if such tenant oes not actually occupy the premises or only occupies a part thereof) any person by whom the same or any part thereof is then actually occupied, otwithstanding that demand for possession has been made, refuses neglects to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for a Magistrate, on a complaint being made to him, to issue a summons requiring the person against hom such complaint has been made to appear at a certain time and lace before such Magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said
remises.
(2) Such complaint and summons may be in the Forms Nos. 1 and 2 Schedule: respectively in the Schedule to this Ordinance.
Forms Nos. 12 and 2.
summons.
4 Any summons issued under this Ordinance may be served either Service of personally or by leaving the same with some person being in and pparently residing at the place of abode of the defendant: Provided that if the defendant cannot be found, and the place of abode of the defendant is not known or admission thereto cannot be obtained for arving the summons, the posting up of the summons on some con- picuous part of the premises shall be deemed to be good service on such
person.
Issue of possession of
warrant for
5. If the person so served with a summons as aforesaid does not Appear before the Magistrate at the time and place mentioned in the
mmons, or fails to show cause why he should not quit and deliver up premises. ossession of the premises, it shall be lawful for the Magistrate to issue warrant to any constable of the Colony, commanding him to enter force, if needful) into the premises, and give possession of the same the owner thereof or his agent: Provided always that entry, upon my such warrant, shall not be made at any time except between the hours of nine in the morning and five in the afternoon: Provided, also, int nothing herein contained shall be deemed to protect any person on hose application any such warrant may be granted from any action hich may be brought against him by any such tenant or occupier for
231
No comments yet.
Private notes are available after approval.