1912_SMALL_TENEMENTS_RECOVERY_ORDINANCE__1897 — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

SMALL TENEMENTS RECOVERY.

No. 10 of 1897.

891

(2) The warrant may be in form 3 in the schedule.

6. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, exceeding in value 20 dollars a month or 240 dollars a year, refuses 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 the possession of which is recoverable under this Ordinance, whose term or interest had ended.

Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value.

Stay of warrant if bond given by defendant.

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 plaintiff, 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 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 is forfeited or if, on the trial of the action for proceedings thereon.

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SMALL TENEMENTS RECOVERY.No. 10 of 1897.891(2) The warrant may be in form 3 in the schedule.6. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, exceeding in value 20 dollars a month or 240 dollars a year, refuses 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 the possession of which is recoverable under this Ordinance, whose term or interest had ended.Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value.Stay of warrant if bond given by defendant.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 plaintiff, 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 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 is forfeited or if, on the trial of the action for proceedings thereon.

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73SMALL TENEMENTS RECOVERY.No. 10 of 1897.891tionany such warrant may be granted from any action which may be brought against him by any such tenant 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 promises.(2) The warrant may be in form 3 in the schedule.notRecovery ofland in case of illegalment ornot exceeding $240 in6. When any person by whom any illegal encroachment or in- closure has been made upon the land of another person, exceeding in value 20 dollars a month or 240 dollars a year, refusesencroach- or neglects, upon demand made, to quit and deliver up possessioninclosure, 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 Ordi. nance, whose term or interest had ended. annual value.Stay of war-rant if bond given by 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,defendant. 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 suraties 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 promises 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 pro- secute 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 plaintiff, 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 toGiving of the complainant or his agent at the cost of such complainant orbond by defendant, agent, and shall be approved of and attested by the Magistrate, andand proceed. if the bond so taken is forfeited or if, on the trial of the action for ings thereon.

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SMALL TENEMENTS RECOVERY.

No. 10 of 1897.

891

tion

any such warrant may be granted from any action which may be brought against him by any such tenant 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 promises.

(2) The warrant may be in form 3 in the schedule.

not

Recovery of

land in case of illegal

ment or

not exceeding $240 in

6. When any person by whom any illegal encroachment or in- closure has been made upon the land of another person, exceeding in value 20 dollars a month or 240 dollars a year, refuses encroach- or neglects, upon demand made, to quit and deliver up possession inclosure, 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 Ordi. nance, whose term or interest had ended.

annual value.

Stay of war-

rant if bond given by

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, defendant. 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 suraties 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 promises 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 pro- secute 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 plaintiff, 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 to Giving of the complainant or his agent at the cost of such complainant or

bond by defendant, agent, and shall be approved of and attested by the Magistrate, and and proceed. if the bond so taken is forfeited or if, on the trial of the action for ings thereon.

1912_SMALL_TENEMENTS_RECOVERY_ORDINANCE__1897 — Page 3

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