1950_SMALL_TENEMENTS_RECOVERY_ORDINANCE — Page 3

Small Tenements Recovery.

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 re- coverable under this Ordinance, whose term or interest had ended.

7. In every case in which the person on whose applica- tion, or on whose behalf, 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 war- rant 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 magis- trate, 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 whose behalf, 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 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.

[CAP. 17

Stay of bond given by fef 1 & 2 Vict.

warrant if

defendant.

c. 74, s. 3.]

Giving of defendant, proceedings [cf. 1 & 2 Viet.

bond by

and

thereon.

c. 74, s. 4.1

349

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