SMALL TENEMENTS RECOVERY.
No. 10 of 1897.
547
not
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 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 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.
Giving of bond by defendant, and proceedings thereon.
[cf. 1 & 2 Vict. c. 74, s. 4.]
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 whose behalf, the same is granted had not lawful right to the possession of the premises.
Protection of magistrate and constable acting under the Ordinance.
[cf. 1 & 2 Vict. c. 74, s. 5.]
SCHEDULE.
Note—These forms may be varied to meet the requirements of the particular case, provided such case comes within the Ordinance.
HONG KONG.
FORM No. 1.
Complaint before a magistrate.
IN THE POLICE Court at The complaint of
[ss. 3 and 6.]
owner [or agent, etc., as the case
SMALL TENEMENTS RECOVERY.
No. 10 of 1897.
547
not
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 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 magis trate, 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.
Giving of bond by defendant, and pro- ceedings
thereon.
[cf. 1 & 2 Vict. c. 74, s. 4.]
trate and
9. It shall not be lawful to bring any action or prosecution Protection against the magistrate by whom such warrant as aforesaid may of magis- have been issued, or against any constable by whom such constable warrant may be executed, for issuing such warrant or executing acting the same respectively, by reason that the person on whose application, or on whose behalf, the same is granted had not lawful right to the possession of the premises.
under the
Ordinance. [cf. 1 & 2 Vict. c. 74, 3. 5.1
SCHEDULE.
Note-These forms may be varied to meet the requirements of the particular case, provided such case comes within the Ordinance.
Hong KoNG.
FORM No. 1.
Complaint before a magistrate.
IN THE POLIce Court at The complaint of
[ss. 3 and 6.]
owner [or agent, etc., as the case
No comments yet.
Private notes are available after approval.