SMALL TENEMENTS RECOVERY ORDINANCE, 1897

SMALL TENEMENTS RECOVERY ORDINANCE, 1897

No. 10 of 1897.

an ordinance to facilitate the recovery of possession of
tenements and premises of small value.

[13th December, 1897]

whereas it is expedient to provide for the more speedy and effectual
recovery of the possession of tenements and premises of small
value:

1. this ordinance may be cited as the small tenements
recovery ordinacne, 1897.

as amended by law rev. ord., 1924.






2. in this ordinance,

(a) agent includes any person usually employed by the
owner in teh managemnet of his property, or in the letting
of the premises, or in the collection of the rents thereof, or
specially authorised to act in the particular matter by writing
under the hand of such owner.

(b) house includes a matshed or other structure,

(c) owner means the person entitled to the immediate
reversion or, in cases within section 6 , to the possession of
the premisese, or, ifthe property is held in joint tenancy or
tenancy in common, means any one of the persons entitled
to such reversion or possession.

(d) premises mean lands (including leaseholds). houses,
and other corporeal hereditaments.

3.(1) when and so soon as the term or interest of
the tenant of any house, land, or other premises, held by
him at will or for any term not exceeding seven years,
either without being liable to the payment of any rent or at
a rent not exceeding the rate of twenty dollars a month or
two hundred and forty dollars a year, and upon which no
fine has been reserved or made payable, has ended or has
been duly determined by a legal notice to quit or otherwise,
and such tenant, or (if such tenant does not actually occupied,
the premises or only occupies a part thereof) any person by
whom the same or any part thereof is then actually occupied,
notwithstanding that demand for possession has been made,
refuses or neglects to quit and deliver up possession of the
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.

(2) such complaint and summons may be in forms nos. 1
and 2 respectively in the schedule.

4. any such summons may be served either personally or
by leaving the same with some person being in and apparently
resdiding 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
deeined to be good service on such person.

5.-(1) If the person so served with a summons does not
appear before the magistrate at the time and place mentioned
In the summons, or falls 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 constable,
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 aud in respect of such entry and taking posses-
sion, where such person had not, at the time of granting
the same, lawful right to the possession of the said premises.
(2) The warrant may be in Form No. 3 in the Schedule.

6. When any person by whom any illegal encroachment
or inclosure has been inade upon the land of another person,
not exceeding ia value twenty dollars a month. or two hundred
and forty dollars a year, refuses or neglects, upon demand
made, to quit and deliver up possession of the same, or agent
part thereof, to the owner of such land or his agent, the
possession thereof may be recovered. by such owner or 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 recoverable
under this ordinance, whose term or interest had ended.

7. In every case in which the person on whose application,
or on behalf of whom, any such warrant is granted had not,,
at the time of granting the same, lawful right to the posses-
sIcon of the premises, the obtaining of any such warrant as
aforesaid shall be deemed a trespass by him against the
tenant or occupier of the premises, although no entry may
be made, by virtne 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 magistrate, 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
of whom, 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 be-
come 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, judginent passes for the
plaintill, 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 whorn. it is tried does not
certify that the condition of the bond has been fulfilled, the
party to whom the bond has been so inade may bring an
action and recover thereon: Provided always that the court
vhere 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.
9. It shall not be lawful to bring any action or prosecu-
tion against the magistrate by whom such warrant as afore-
said may have been issued, or against any constable by
whom such warrant may be execiaed, for issuing such
warrant or executing the same respectively, by reason that
the person on whose application, or on behalf of whom, the
same is grantled had not lawful right to the possession of the
premises.

SCHEDULE.
note-these forms may be varied to meet the requirements of the
particular case, provided such case comes within the Ordinance.
Form No. 1. [ss. 3 and 6.]


complaint before a magistrate.
HONGKONG.
IN THE POLICE COURT AT


the complaint of owner [or agent, etc., as the case may
be] made before me, a magistrate of the said Colony, who says that the





said did let to a tenement, consisting
of and situate at in the said Colony, for
at the rent of and that the said tenancy
expired [or was determined by notice to quit, piven by the said
as the case may be,] on the day of 19
[or that the said has illegally encroached upon (or illegally
inclosed) land situate at belonging to the complainant, or as
the case may be, such encroachment [or inclosure] not exceeding in value
$20 a month (or $240 a year, as the case may be], and that not-
withstanding demand made, the said refused [or neglected]
to deliver up possession of the said tenement, [or encroachment or
inclosure, as the case may be], and still detains the same.

taken the day of 19
before me

(signed) magistrate

form no. 2
summons. [ss. 3 and 6]

hongkong

in the police court at

rex on the complaint of

to

complaint having been this day made before the undersigned, a magis-
trate of the said colony, for that you, being the tenant or occupier of
certain premises situate at in the said colony, and such
tenancy or holding having expired [or been legally determined, or as
the case may be] [or that you, having illegally encroached upon (or
illegally made an inclosure upon) certain land situate at
of which is the owner, as the case
may be] have unlawfully refused or neglected to deliver over possession
of the said premises to the owner thereof; this is, therefore, to com-
mand you, in his majesty's name, to be and appear on day, the
day of 19 at o'clock in the noon
at the said police court before me, to answer to the said complaint and
to be further dealth with according to law.

dated the day of 19
signed magistrate
Form No. 3. [ss. 5 and 6.]

warrant

hongkong

in the police court at

to all and each of the constables of the said colony

whereas [set forth the complaint], I a magistrate of the said colony,
do authorise and command you, between the hours of 9 in the forenoon
and 5 in the afternoon, to enter (by force, if needful) and with or
without the aid of the owner, [or agent, as the case may be],
or any other person or persons whom you may think requisite to call to
yhour assistance, into and upon the said premeises, and to eject thereout
any person, and of the same [or of the said encroachment (or inclosure,
as the case may be)] full and peaceable possession to deliver to the said
the owner [or agent]

given under may hand and seal this day of 19
[l.s] signed magistrate.
[Originally No. 27 of 1897. Law Rev. Ord., 1924.] 1 & 2 Vict, c. 74. Short title. Interpretation. Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. Schedule. Forms Nos. 1 and 2. Service of summons. Issue of warrant for possession of premises. Schedule. Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of magistrate and constable acting under the Ordinance.

[Originally No. 27 of 1897. Law Rev. Ord., 1924.] 1 & 2 Vict, c. 74. Short title. Interpretation. Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. Schedule. Forms Nos. 1 and 2. Service of summons. Issue of warrant for possession of premises. Schedule. Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of magistrate and constable acting under the Ordinance.

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1923

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No. 10 of 1897

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