the-ordinances-of-the-legislative-counci-1890 — Page 325

ORDINANCE No. 5 OF 1854. 289


Supreme Court- Summary Jurisdiction.


summons shall issue to the person so neglecting or refusing ; and if the tenant or If tenant, &c.,
neglect to
Occupier shall not thereupon appear at the time and place appointed and show cause to appear or refuse
to give
possession, Court
the contrary, and shall still neglect or refuse to deliver up possession of the premises may, on proof of
service of
to the landlord or his agent, it shall be lawful for such landlord or agent to give proof summons, issue
a warrant to
to the Court of the holding, and of the end or other determination of the tenancy, with enforce the
same.
the time or manner thereof, and, where the title of the landlord has accrued since the
letting of the premises, the right by which he claims the possession ; and upon proof of
service of the summons and of the neglect or refusal of the tenant or occupier, the
Court may issue a warrant to the bailiff of the Supreme Court requiring and authoriz
ing him , within not less than seven or more than ten clear days from the date of such
warrant to give possession of the premises to such landlord or agent ; and such war
rant shall be a sufficient authority to such bailiff to enter upon the premises with such
assistants as he shall deem necessary, and to give possession accordingly : Provided
that no such entry be made on a Sunday, Good Friday, or Christmas Day, or except
between the hours of nine in the morning and four in the afternoon.

3. And be it further enacted and ordained, that having regard to the annual Provisions as to
arrears of rent.
amount aforesaid where an arrear of twelve months' rent shall be due on any lands or
premises, the same being reserved by lease or agreement in writing and not paid after
due demand, or where six months of such rent shall be in arrear and no sufficient
distress on the lands or premises to satisfy such arrear, it shall be lawful for the land
lord to proceed in manner aforesaid, and for the Court to make a decree for putting
such landlord into possession , unless the rent and costs of proceedings be paid within
-one fortnight from the pronouncing of such decree.
4. And be it further enacted and ordained, that in proceedings under this Fees to be taken
on taxation of
Ordinance the following fees be allowed on taxation of costs : costs.

Filing and entering plaint, ..... $0.50
Summons for defendant and copy, 0.50
If more than one defendant, each additional copy, 0.25
Subpoena and copy, each witness, 0.50
Hearing and adjudication , 1.00
Every oath of party or witness,... 0.50
Order for decree or dismissal, each, 0.50
Precept, ..... 1.00
Executing precept decree or order, ... 2.00
Any notice required during proceedings, 0.50
Copies of any proceedings, per folio, 0.50

Bailiff's Fees.
Service of summons, subpoena order or notice, 0.25
Putting into execution any order of Court, 0.50

Attorney's Fees.
Hearing and attendance, .... 10.00