1912_SMALL_TENEMENTS_RECOVERY_ORDINANCE__1897 — Page 2

890

No. 10 of 1897.

SMALL TENEMENTS RECOVERY.

Summoning

of tenant

of premises

$240 annual rental unlawfully holding over.

*

3.-(1) When and so soon as the term or interest of the tenant of any house, land, or other premises, held by him at will or for any not exceeding term not exceeding 7 years, either without being liable to the pay- ment of any rent or at a rent not exceeding the rate of 20 dollars a month or 240 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 Magis- trate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.

Service of summons.

Issue of warrant for possession of premises.

(2) Such complaint and summons may be in forms 1 and 2 respectively in the schedule.

4.. Any such summons 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.

5.-(1) If the person so served with a summons 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 his warrant to any constable, 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 9 a.. and 5 p.m.: Provided, also, that nothing herein contained shall be deemed to protect any person on whose applica-

* As amended by No. 50 of 1911.

+ As amended by No. 2 of 1912.

As amended by No. 50 of 1911, No. 51 of 1911, No. 1 of 1912 and

No. 21 of 1912.

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