CAP. 17]
[s. 3 cont.]
Schedule
Forms 1 & 2.
Service of summons.
c. 74, s. 2.] Issue of warrant for possession
Small Tenements Recovery.
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 magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said premises.
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 the defendant.
5. If the person so served with a summons does not appear before the magistrate at the time and place mentioned [cf. 1 & 2 Vict. 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 police officer, 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.m. and 5 p.m.: Provided also that nothing herein contained shall be deemed to protect any person on whose application 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 premises.
6. When any person by whom any illegal encroachment or inclosure has been made upon the land of another person, not exceeding in value seventy-five dollars a month or nine hundred 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
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CAP. 17]
[s. 3 cont.]
Schedule
Forms 1 & 2.
Service of
summons.
c. 74, s. 2.]
Issue of
warrant for possession
Small Tenements Recovery.
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 magistrate to answer such complaint and to show cause why he should not quit and deliver up pos- session of the said premises.
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 the defendant.
5. If the person so served with a summons does not appear before the magistrate at the time and place mentioned [ef. 1 & 2 Vict. in the summons, or fails to show cause why he should not
of premises.
c. 74, s. 1.]
Schedule Form 3
Recovery of land in case of illegal encroachment
or inclosure, not exceeding $900 in
annual value.
4 of 1951, Schedule.
quit and deliver up possession of the premises, it shall be lawful for the magistrate to issue his warrant to any police officer, 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.m. and 5 p.m.: Provided also that nothing herein contained shall be deemed to protect any person on whose application 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 premises.
6. When any person by whom any illegal encroach- ment or inclosure has been make upon the land of another person, not exceeding in value seventy-five dollars a month or nine hundred 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
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