106
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
Amendment of sections 129 and 132 by Legislative Council
132A. The Legislative Council may by resolution amend the sums mentioned in sections 129 and 132.
Stay of warrant
(Added 37 of 1986 s. 13)
133. In every case in which the person on whose application, or on whose behalf, a warrant is granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of the warrant 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 2 sureties as hereinafter provided, to be approved of by the District Court, in such sum as to it 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, the warrant was granted, with effect and without delay, and to pay all the costs of the proceedings in the 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 the action; and if, on the trial of the action, judgment passes for the plaintiff, the judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the action.
(27 of 1897 s. 7 incorporated.
Giving of bond and proceedings thereon
Amended 35 of 1969 Schedule) [cf. U.K. 1838 c. 74 s. 3]
134. Every such bond as herein before 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 District Court, 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: (Amended 35 of 1969 Schedule)
Provided 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.
Protection of District Court and bailiff acting under this Part
(27 of 1897 s. 8 incorporated) [cf. U.K. 1838 c. 74 s. 4]
135. No action or prosecution shall be brought against the District Court by whom a warrant is issued, or against a bailiff by whom the warrant is executed, for issuing the warrant or executing the same respectively, by reason that the person on whose application, or on whose behalf, the warrant is granted had not lawful right to the possession of the premises.
(27 of 1897 s. 9 incorporated. Amended 29 of 1962 s. 3; 35 of 1969 Schedule)
[cf. U.K. 1838 c. 74 s. 5]
106
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
Amendment of sections 129 and 132 by Legislative Council
132A. The Legislative Council may by resolution amend the sums men- tioned in sections 129 and 132.
Stay of warrant
(Added 37 of 1986 s. 13)
133. In every case in which the person on whose application, or on whose behalf, a warrant is granted had not, at the time of granting the same, lawful right to the possession of the premises, the obtaining of the warrant 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 2 sureties as hereinafter provided, to be approved of by the District Court, in such sum as to it 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, the warrant was granted, with effect and without delay, and to pay all the costs of the proceedings in the 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 the action; and if, on the trial of the action, judgment passes for the plaintiff, the judgment shall supersede the warrant so granted, and the plaintiff shall be entitled to reasonable damages in the action.
(27 of 1897 s. 7 incorporated.
Giving of bond and proceedings thereon
Amended 35 of 1969 Schedule) [cf. U.K. 1838 c. 74 s. 3]
134. Every such bond as herein before 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 District Court, 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: (Amended 35 of 1969 Schedule)
Provided 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.
Protection of District Court and bailiff acting under this Part
(27 of 1897 s. 8 incorporated) [cf. U.K. 1838 c. 74 s. 4]
135. No action or prosecution shall be brought against the District Court by whom a warrant is issued, or against a bailiff by whom the warrant is executed, for issuing the warrant or executing the same respectively, by reason that the person on whose application, or on whose behalf, the warrant is granted had not lawful right to the possession of the premises.
(27 of 1897 s. 9 incorporated. Amended 29 of 1962 s. 3; 35 of 1969 Schedule)
[cf. U.K. 1838 c. 74 s. 5]
>
No comments yet.
Private notes are available after approval.