SMALL TENEMENTS RECOVERY. No. 10 of 1897.
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.
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8. Every such bond as hereinbefore mentioned shall be made to the complainant or his agent at the cost of such defendant, by the magistrate, and if the bond so taken is forfeited or if, on the trial of the action for securing the trial of which such bond was given, the judge by whom it is tried does not certify that the condition of the bond has been fulfilled, the party to whom the bond has been so made may bring an action and recover thereon: Provided always that the court where such action as last aforesaid is 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.
9. It shall not be lawful to bring any action or prosecution against the magistrate by whom such warrant as aforesaid may have been issued, 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 is granted had not lawful right to the possession of the premises.
SCHEDULE.
Note--These forms may be varied to meet the requirements of the particular case, provided such case comes within the Ordinance.
FORM No. 1.
Complaint before a magistrate.
HONGKONG.
IN THE POLICE COURT AT
[ss. 3 and 6.]
The complaint of owner [or agent, etc., as the case may be] made before me, a magistrate of the said Colony, who says that the
SMALL TENEMENTS RECOVERY. No. 10 of 1897.
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 be- come 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.
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8. Every such bond as hereinbefore mentioned shall be Giving of made to the complainant or his agent at the cost of such bond by complainant or agent, and shall be approved of and attested and proceed-
defendant, by the magistrate, and if the bond so taken is forfeited or if, ings thereon. on the trial of the action for securing the trial of which such bond was given, the judge by whom it is tried does not certify that the condition of the bond has been fulfilled, the party to whom the bond has been so made may bring an action and recover thereon: Provided always that the court where such action as last aforesaid is 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 constable
9. It shall not be lawful to bring any action or prosecu- Protection of tion against the magistrate by whom such warrant as afore- magistrate said may have been issued, or against any constable by acting under whom such warrant may be executed, for issuing such the Ordi- warrant or executing the same respectively, by reason that the person on whose application, or on behalf of whom, the same is granted had not lawful right to the possession of the premises.
nance.
SCHEDULE.
Note--These forms may be varied to meet the requirements of the particular case, provided such case comes within the Ordinance.
FORM No. 1.
Complaint before a magistrate.
HONGKONG.
IN THE POLICE COURT AT
[ss. 3 and 6.]
The complaint of
owner [or agent, etc., as the case may
be] made before me, a magistrate of the said Colony, who says that the
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