SMALL TENEMENTS RECOVERY ORDINANCE, 1897
Title
SMALL TENEMENTS RECOVERY ORDINANCE, 1897
Description
ORDINANCE NO. 10 OF 1897.
Small Tenements Recovery
AN ORDINANCE to facilitate the Recovery of possession of
tenements and premises of small value.
[13the December, 1897.]
WHEREAS it is expedient to provide for the more speedy and
effectual recovery of the possession of tenements and premise
of small value:
be it therefore enacted by the governor of hongkong, with the advice
and consent of the legislative council thereof, as follows:-
1.this ordinance may be cited as the small tenements recovery
ordinance, 1897.
2. in this ordinance, unless the context otherwise requires,-
' promises' means lands (including leaseholds), houses, and other
corporeal hereditaments:
'house' includes a matshed or other structure :
'owner' means the person entitled to the premises, or, if
in cases wihtin section 6, to the possession of hte premises, or, if
the property is held in joint tenancy or tenancy incommon, means
any one of the persons entitled to such reversion or possession :
'agent ' includes any person usually employed by the owner it
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 under the hand of such
owner .
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 exceeing 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 occupy the premises or only occupies a part thereof) any
person by whom the same or any part thereof is then actually occupied,
notwihtstanding 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 the forms nos. 1 and 2
respectively in the schedule to this ordinance.
4. any summons issued under this ordinance 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 up of the summons on some con-
spicuous part of the premises shall be deemed to be good service on such
person .
5-(1) if the person so served with a summons as aforesaid 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 lawful for the magistrate to issue
his warrant to any constable of the colony , commanding him to enter
(by force, if needful) into the premises , and give possession of the
hours of nine in the morning and five in the afternoon: 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 such person
had not, at the time of granting the same, lawful right to the possessions
of the said premises
(2) the warrant under this section may be in the form no. 3 in the
schedule to this ordinance.
6. when any person by whom any illegal encroachment or inclosure
has been made upon the land of another person,not exceeding in vale
twenty dollars a month or two hundred and forty dollars a year, refuse
or neglects ,upon demand made, to quit and deliver up possession
of the same ,or any part thereof may be recovred by 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 encroachmet or inclosure were the tenant of any premise 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
behalfof whom, any such warrant is granted had not , at the time of
granting the same , lawful right to the possession of the premise, the
obtaining of any such warrant as aforesaid shall be deemed a trespass
by him against the tenant or occupier of the premise , although no entry
may be made by virtue of the warrant ; and , in case nay 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 behalf of whom , such warrant was granted , with effect and without
delay , and to pay all the costs of the proceeidings insuch 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 plaintill
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 maagistrate , and if the bond or
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 codition o fthe 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 , boy an order , give such relief to the parties
upon such bond as may be agreeable to justice , and suhc order shall
have the nature and effect of a defeasance to such bond.
9. it shall not be lawful to bring any action or prosecution against the
magistrate by whom such warrant as aforesaid may have been issued ,
or against any constable 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 behalf of whom , the asame is
granted had not lawful right to the possession of the premises.
SCHEDULE .
FORMS
note.- these forms may be varied to meet the requirements of the particular
case, provided such case comes within the ordinance.
form no.1.
complaint before a magistrate .
HONGKONNG.
IN THE POLICE COURT AT
the complaint of owner [or agent , etc, as the case may
be ] made before me, a police magistrate fo the said colony , who says that the
said did let ot 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 , given by the said , as the case may be, ] on the day of
1 [or that ht esaid has illegally encroached upon, (or
illegally inclosed) land situate at belonging to the commplainant
or as the case may be , such encroachment or inclosure not exceeding in value
$20 a month (or $24 a year, as the case may be ) ] and that , notwithstanding
demand made , the said refused [or neglected] to deliver up
posssession of the said tenement , [or encroachment or inclosure, as the case may
be,] and stil detains the same.
taken the day of 1,
before me ,
(signed.)
police magistrate. section 3 and form no.2.
6.
summons.
HONGKONG.
IN THE POLICE COURT AT
REG. on the complaint of
v.
to
complaint havign been this day made before the undersigned , a police
magistrate of the said colony , for that you , being the tenant or occupier of
certain premises situate at in the said colony, ad such
tenancy or holding hvin 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 refuse or neglected to deliver
over possession of the said premises to owner thereof : this is , therefore ,
to command you , in her majesty's name , to be and appear on day , the
day of 1 , at o'clock in the noon at the said
police court before me , to answer to the said complaint and to be further
dealt with according to law,
dated the day of 1.
(signed.)
police magistrate .
FORM NO.3.
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 police magistrate fo the said colooy
do authorize ad command you, between the hours of nine in the forenoon
and five in the afternoon , to enter (by force , if needful ) and wiht or without
the aid of , the owner , [or agent, as teh case may be ] , or any
other person or persons whom you may think requisite tocall to your assistance,
into and upon 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 1.
(signed)
is police magistrate. A.D. 1897. Ordinance No. 27 of 1897. 1 & 2 Vict.c.74. Short title. Interpretation of terms. 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 execution of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance. Section 3 and 6. Sections 3 and 6. Sections 5 and 6.
Small Tenements Recovery
AN ORDINANCE to facilitate the Recovery of possession of
tenements and premises of small value.
[13the December, 1897.]
WHEREAS it is expedient to provide for the more speedy and
effectual recovery of the possession of tenements and premise
of small value:
be it therefore enacted by the governor of hongkong, with the advice
and consent of the legislative council thereof, as follows:-
1.this ordinance may be cited as the small tenements recovery
ordinance, 1897.
2. in this ordinance, unless the context otherwise requires,-
' promises' means lands (including leaseholds), houses, and other
corporeal hereditaments:
'house' includes a matshed or other structure :
'owner' means the person entitled to the premises, or, if
in cases wihtin section 6, to the possession of hte premises, or, if
the property is held in joint tenancy or tenancy incommon, means
any one of the persons entitled to such reversion or possession :
'agent ' includes any person usually employed by the owner it
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 under the hand of such
owner .
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 exceeing 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 occupy the premises or only occupies a part thereof) any
person by whom the same or any part thereof is then actually occupied,
notwihtstanding 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 the forms nos. 1 and 2
respectively in the schedule to this ordinance.
4. any summons issued under this ordinance 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 up of the summons on some con-
spicuous part of the premises shall be deemed to be good service on such
person .
5-(1) if the person so served with a summons as aforesaid 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 lawful for the magistrate to issue
his warrant to any constable of the colony , commanding him to enter
(by force, if needful) into the premises , and give possession of the
hours of nine in the morning and five in the afternoon: 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 such person
had not, at the time of granting the same, lawful right to the possessions
of the said premises
(2) the warrant under this section may be in the form no. 3 in the
schedule to this ordinance.
6. when any person by whom any illegal encroachment or inclosure
has been made upon the land of another person,not exceeding in vale
twenty dollars a month or two hundred and forty dollars a year, refuse
or neglects ,upon demand made, to quit and deliver up possession
of the same ,or any part thereof may be recovred by 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 encroachmet or inclosure were the tenant of any premise 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
behalfof whom, any such warrant is granted had not , at the time of
granting the same , lawful right to the possession of the premise, the
obtaining of any such warrant as aforesaid shall be deemed a trespass
by him against the tenant or occupier of the premise , although no entry
may be made by virtue of the warrant ; and , in case nay 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 behalf of whom , such warrant was granted , with effect and without
delay , and to pay all the costs of the proceeidings insuch 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 plaintill
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 maagistrate , and if the bond or
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 codition o fthe 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 , boy an order , give such relief to the parties
upon such bond as may be agreeable to justice , and suhc order shall
have the nature and effect of a defeasance to such bond.
9. it shall not be lawful to bring any action or prosecution against the
magistrate by whom such warrant as aforesaid may have been issued ,
or against any constable 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 behalf of whom , the asame is
granted had not lawful right to the possession of the premises.
SCHEDULE .
FORMS
note.- these forms may be varied to meet the requirements of the particular
case, provided such case comes within the ordinance.
form no.1.
complaint before a magistrate .
HONGKONNG.
IN THE POLICE COURT AT
the complaint of owner [or agent , etc, as the case may
be ] made before me, a police magistrate fo the said colony , who says that the
said did let ot 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 , given by the said , as the case may be, ] on the day of
1 [or that ht esaid has illegally encroached upon, (or
illegally inclosed) land situate at belonging to the commplainant
or as the case may be , such encroachment or inclosure not exceeding in value
$20 a month (or $24 a year, as the case may be ) ] and that , notwithstanding
demand made , the said refused [or neglected] to deliver up
posssession of the said tenement , [or encroachment or inclosure, as the case may
be,] and stil detains the same.
taken the day of 1,
before me ,
(signed.)
police magistrate. section 3 and form no.2.
6.
summons.
HONGKONG.
IN THE POLICE COURT AT
REG. on the complaint of
v.
to
complaint havign been this day made before the undersigned , a police
magistrate of the said colony , for that you , being the tenant or occupier of
certain premises situate at in the said colony, ad such
tenancy or holding hvin 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 refuse or neglected to deliver
over possession of the said premises to owner thereof : this is , therefore ,
to command you , in her majesty's name , to be and appear on day , the
day of 1 , at o'clock in the noon at the said
police court before me , to answer to the said complaint and to be further
dealt with according to law,
dated the day of 1.
(signed.)
police magistrate .
FORM NO.3.
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 police magistrate fo the said colooy
do authorize ad command you, between the hours of nine in the forenoon
and five in the afternoon , to enter (by force , if needful ) and wiht or without
the aid of , the owner , [or agent, as teh case may be ] , or any
other person or persons whom you may think requisite tocall to your assistance,
into and upon 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 1.
(signed)
is police magistrate. A.D. 1897. Ordinance No. 27 of 1897. 1 & 2 Vict.c.74. Short title. Interpretation of terms. 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 execution of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance. Section 3 and 6. Sections 3 and 6. Sections 5 and 6.
Abstract
A.D. 1897. Ordinance No. 27 of 1897. 1 & 2 Vict.c.74. Short title. Interpretation of terms. 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 execution of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance. Section 3 and 6. Sections 3 and 6. Sections 5 and 6.
Identifier
https://oelawhk.lib.hku.hk/items/show/705
Edition
1901
Volume
v2
Cap / Ordinance No.
No. 10 of 1897
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SMALL TENEMENTS RECOVERY ORDINANCE, 1897,” Historical Laws of Hong Kong Online, accessed November 19, 2024, https://oelawhk.lib.hku.hk/items/show/705.
