Common Law Procedure and Landlord and Tenant (Amendment) Act 1958 (NSW)

COMMON LAW PROCEDURE AND LANDLORD AND

TENANT (AMENDMENT) ACT.

An Act to amend the law relating to the recovery of tenements; for this purpose to amend the Common Law Procedure Act, 1899, the Landlord and Tenant Act of 1899 and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 11th April, 1958.] BE

Act No. 10, 1958.

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows : —
1. (1) This Act may be cited as the "Common Law Procedure and Landlord and Tenant (Amendment) Act, 1958".
(2) The Common Law Procedure Act, 1899, as amended by subsequent Acts and by this Act, may be cited as the Common Law Procedure Act, 1899-1958.
(3) The Landlord and Tenant Act of 1899, as amended by subsequent Acts and by this Act, may be cited as the Landlord and Tenant Act, 1899-1958.

The Common Law Procedure Act, 1899, as amended by subsequent Acts, is amended by inserting at the end of section two hundred and twenty-eight the following new proviso : —

2.

Provided that where the finding is for the claimant, and a dwelling-house is situated on the property or on such part thereof as the jury finds the claimant entitled to. execution shall not issue until such time as the Court or Judge before whom the cause is tried, having regard to any hardship that will be caused to the defendant by the issuing of execution, shall order.

3. The Landlord and Tenant Act of 1899, as amended by

subsequent Acts, is amended—

(a) by inserting at the end of subsection two of section seventeen the following new paragraph : —

Where a dwelling-house is situated on the premises mentioned in the plaint, the Judge of the Court, when making any order under this subsection, shall have regard to any hardship that will be caused to the defendant by the making of the order.

(b)

(b) by inserting at the end of section twenty-four the following new proviso : —

Provided that where a dwelling-house is situated on the land to which the adjudication relates, the justices, having regard to any hardship that will be caused to the tenant or occupier by the issuing cf the warrant and other proceedings or the execution of the warrant and other proceedings, may postpone the issuing of such warrant and other proceedings under the adjudication, or suspend the execution of such warrant and other proceedings, for such period exceeding one month as the justices shall order.