SMALL TENEMENTS RECOVERY ORDINANCE

SMALL TENEMENTS RECOVERY ORDINANCE

CHAPTER 17.

SMALL TENEMENTS RECOVERY.

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 ancl
effectual recovery of the possession of tenements and
premises of small values :

1. This Ordinance may be cited as the Small Tene-
merits Recovery Ordinance.

2. In this Ordinance-
'agent' includes any person usually employed by the
owner in the management of his property, or in the
letting of the premises, or in the collection of the rents
thereof, or specially authorized to act in the particular
matter by writing tinder the hand of such owner;
'house' includes a matshed or other structure;
'owner' means the person entitled to the immediate rever-
sion or, in cases within section 6, to the possession of
the premises, or, if the property is held in joint tenancy
or tenancy in common, means any one of the persons
entitled to such reversion or possession;
'premises' mean lands (including leaseholds), houses, and
other corporeal hereditaments.

3. When and so soon as the. term or interest of the
tenant of any house, land, or other premises, held by flim
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 seventy-five dollars a month or
nine hundred 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 occupy the pre-
mises or only occupies a part thereof) any person by whom
the same or any part thereof is then actually occupied, not-
withstanding 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 pos-
session of the said premises.

4. Any such suninions 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 tip 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
in the summons, or fails to show cause why he should not
quit and deliver up possession of the premises, it shall he
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 riglit 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






agent tinder 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 tirne 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 agains
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-
Irate, 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 such the person on whose application,
or oil whose behalf, such warrant was granted, with effect
wid 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 ill 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 beeil so made may bring. all
action and recover thereon : Provided always that the court
such action as last aforesaid is brought may, by all
order, give such relief to the partles upon such bond as may
be agreeable to justice, and sucli order shall have the nature
and effect of a defeasance to such bond.





9. It shall not be lawful to bring any action or pro-
secution against the magistrate by whom such warrant as
aforesaid may have been issued, or against any, police officer
by whom such warrant may be executed, for issuing such
warrant or executing the same respectively, by reason that
the person on whose application, or on whose behalf, the
same is granted had not lawful right, to the possession of
the premises.

10. The forms in the Schedule may be used for the
purposes of this Ordinance, and may be varied to meet the
requirements of the particular case, provided such case
falls within the provisions of the Ordinance.

SCHEDULE.

FORM 1. [ss. 3, 6, and 10.]

Complaint before a Magistrate.

HONG KONG.

IN THE MAGISTRATE'S 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, forat the rent of
and that the said tenancy expired [or was determined by notice
to quit, given by the said, as the case may be]
on the day of 19 [or that the saW
has illegally encroached upon (or illegally inclosed)
land situate atbelonging to the complainant,
or as the case may be, such encroachment [or inclosure] not
exceeding in value $75 a month (or $900 a year), as the case
may be], and that notwithstanding 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 2. [ss. 3, 6 and 10.]

Summons.

HONG KONG.

IN THE MAGISTRATE'S COURT AT

Rex on the complaint of

To

Complaint having been this day made before the undersigned,
a magistrate 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 unlaw
fully refused or neglected to deliver over possession of the said
premises to the owner thereof: This is, therefore, to command
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 court before me, to answer to the said complaint
and to be further dealt. with according to law.

Dated the day of ' 19

(Signed) Magistrate.

FORM 3. [ss. 5, 6 and 10.]

Warrant.

HONG KONG.

IN THE MAGISTRATE'S COURT AT

To all and each of the police officers of the said Colony.

Whereas [set forth the complaint], I, a magistrate. of the
said Colony, do authorize 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 your assistance,
into and upon the said premises, 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 my hand and seal this day of 19

(Signed) Magistrate.
Originally 27 of 1897. Fraser. 10 of 1897. 4 of 1951. Short title. Interpretation. [cf. 1 & 2 Vict. C. 74, s. 7.] Summoning of tenant of premises not exceeding $900 annual rental unlawfully holding over. [cf. 1 & 2 Vict. C. 74, s. 1.] 4 of 1951, Schedule. [s. 3 cont.] Schedule. Forms 1 & 2. Service of summons. [cf. 1 & 2 Vict. C. 74, s. 2.] Issue of warrant for possession of premises. [cf. 1 & 2 Vict. 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. Stay of warrant if bond given by defendant. [cf. 1 & 2 Vict. C. 74, s. 3.] Giving of bond by defendant, and proceedings thereon. [cf. 1 & 2 Vict. C. 74, s. 4.] Protection of magistrate and police officer acting under the Ordinance. [cf. 1 & 2 Vict. C. 74, s. 5.] Schedule. 4 of 1951, Schedule.

Originally 27 of 1897. Fraser. 10 of 1897. 4 of 1951. Short title. Interpretation. [cf. 1 & 2 Vict. C. 74, s. 7.] Summoning of tenant of premises not exceeding $900 annual rental unlawfully holding over. [cf. 1 & 2 Vict. C. 74, s. 1.] 4 of 1951, Schedule. [s. 3 cont.] Schedule. Forms 1 & 2. Service of summons. [cf. 1 & 2 Vict. C. 74, s. 2.] Issue of warrant for possession of premises. [cf. 1 & 2 Vict. 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. Stay of warrant if bond given by defendant. [cf. 1 & 2 Vict. C. 74, s. 3.] Giving of bond by defendant, and proceedings thereon. [cf. 1 & 2 Vict. C. 74, s. 4.] Protection of magistrate and police officer acting under the Ordinance. [cf. 1 & 2 Vict. C. 74, s. 5.] Schedule. 4 of 1951, Schedule.

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