356
Schedule: Form No. 3.
Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value.
Stay of execution of warrant if bond given by defendant.
Giving of bond by defendant, and proceedings thereon.
No. 10.] THE ORDINANCES OF HONGKONG A.D. 1
and in respect of such entry and taking possession, where such had not, at the time of granting the same, lawful right to the possession of the said premises.
(2.) The warrant under this section may be in the Form No. 3 in the Schedule to this Ordinance.
6. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, not exceeding twenty dollars a month or two hundred and forty dollars a year or neglects, 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 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, or on behalf of whom, any such warrant is granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of any such warrant as aforesaid shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry may 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 may seem reasonable, (regard being had to the value of the premises and to the probable costs of an action,) 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 action in case judgment shall pass for the defendant or the plaintiff shall discontinue or not prosecute his action or become nonsuit therein, execution of the warrant shall be delayed until judgment has been given in such action; and if, on the trial of such action, judgment passes for the defendant, such judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the action.
8. Every such bond as hereinbefore mentioned shall be made by the complainant or his agent at the cost of such complainant or agent. It shall be approved of and attested by the Magistrate, and if the bond is forfeited or if, on the trial of the action for securing which such bond was given, the Judge by whom it is tried does certify that the condition of the bond has been fulfilled, the party to whom the bond has been so made may bring an action thereon. Provided always that the Court where such action is brought...
356
Schedule: Form No. 3.
Recovery of land in case of illegal encroach- ment or inclosure, hot exceed
ing $240 in annual value.
Stay of
execution of warrant if bond given by defendant.
Giving of bond by defendant,
and pro- ceedings thereon.
No. 10.] THE ORDINANCES OF HONGKONG AD 1
and in respect of such entry and taking possession, where such had not, at the time of granting the same, lawful right to the poss of the said premises.
Pent
(2.) The warrant under this section may be in the Form No. 3 Schedule to this Ordinance.
6. When any person by whom any illegal encroachment or incl has been made upon the land of another person, not exceeding twenty dollars a month or two hundred and forty dollars a year or neglects, upon demand made, to quit and deliver up poss of the same, or any part thereof, to the owner of such land or his the possession thereof may be recovered by such owner or agent un the provisions of this Ordinance, in like manner as if the occumer such encroachment or inclosure were the tenant of any premised possession of which is recoverable under this Ordinance, whose term interest had ended.
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7. In every case in which the person on whose application, o behalf of whom, any such warrant is granted had not, at the time granting the same, lawful right to the possession of the premises obtaining of any such warrant as aforesaid shall be deemed a tree by him against the tenant or occupier of the premises, although no on may be made by virtue of the warrant; and, in case any such, tend or occupier will become bound with two sureties as hereinafter provid to be approved of by the Magistrate, in such sum as to him may reasonable, (regard being had to the value of the premises and probable costs of an action,) to sue the person on whose application on behalf of whom, such warrant was granted, with effect and wit delay, and to pay all the costs of the proceedings in such action inc judgment shall pass for the defendant or the plaintiff shall discontinu or not prosecute his action or become nonsuit therein, execution warrant shall be delayed until judgment has been given in such notice and if, on the trial of such action, judgment passes for the
such
judgment shall supersede the warrant so granted, and the plant shall be entitled to reasonable damages in the action.
8. Every such bond as hereinbefore mentioned shall be made complainant or his agent at the cost of such complainant or agent. shall be approved of and attested by the Magistrate, and if the bonis taken is forfeited or if, on the trial of the action for securing of which such bond was given, the Judge by whom it is tried do certify that the condition of the bond has been fulfilled, the pa whom the bond has been so made may bring an action and thereon Provided always that the Court where such action e
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