otherwise and such Tenant or (if such Tenant do not actually | or by |
occupy the premises or only occupy a part thereof any person by | r e d |
whom the same or any part thereof shall be then actually occu-. | afore |
pied shall neglect or refuse to quit and deliver up possession or | same |
the premises or of such part thereof respectively it shall be lawful | &re |
for the Landlord of the said premises or his Agent to cause thr | that |
person so neglecting or refusing to qui t 'and deliver up | possession | of td |
to be served (in the manner hereinafter mentioned) with a written | then |
notice in the form set forth in the Schedule to this Ordinance | up 0 |
signed by the said Landlord or his Agent of his intention to pro- | so f |
ceed to recover possession under the authority and according to | per% |
the mode prescribed in this Ordinance and if the Tenant or oc- |
cvpier shall not thereupon appear at thc time and place appointed | 1: |
and show to the satisfaction of the Justices hereinafter mentioned | to P |
reasonable cause why possession should not be given under the | of |
povisions of this Ordinance and shall still neglect or refuse to | prel |
.,,,,,, | ola a deliver up possession of the premises or of such part thereof of |
pre'
~llm* | e*lse | W ~ I Y he which he is then in possession to the said Landlord or his Aqent |
does not @VC posscs. | ran' |
aionth.Julliccsmg it shall be lawful for such Landlord or Agent to give such ~usiices | . 3 |
wit
lSme their mrrant | proof of the holding and of the end or other determination of the |
directing thc Consta- |
blcstogirethelsnd. tenancy with the time or manner thereof and where thc title of | the |
1 0 r d ~ p m i O n * | reg |
t l ~ c | Landlord has accrucd since the letting of the premises the |
right by which he claims the possession and upon proof of ser- | COS |
vice of the notice and of the iicglect or refusal of tlic Tenant or | gra |
the |
occupier as the case may be it slmll be lnwfi~l | for any two Justices |
rcsitling within or ncnr illc District witlrin wliirh tllc said prcmisrs | 'D€? |
or any part thcrcof s l d be situate to issw n Warrant utder their | act |
Ilimds and Scais to some one or more Constables of the District | be |
within ~vhicli the said premiscs or any pert thereof shell be | of |
di t |
situate co~nmanding | them within a period to be ti~crein | named |
not'lcss than twenty-one nor more tllan thirty clear days from the | U P |
date of such Warrant to enter (by force if necdfd) into tlw | sh: |
premises and give possession of tlw same ta such Landlord or Agent: Provided always that entry upon any such Wnrmnt |
shall not be made on a Sunday Good Friday or ~hr i s tmas | Day or | M4 |
at any time except betwecn tfie hours of nine in the morning and | CO |
four in the afternoon: Provided also that nothing herein con- | sii |
tained shall be deemed to protect any person on whose application | or |
and to whom any such warrant shall be granted from any nction | SU |
which may be brought against him by any such Tenant or occu- | nc |
pier for or in respect of such entry and taking possessian where | b4 |
s w h person had not at the time of granting the same lawful right | bc |
to the possessiua of the same premises. |
I he mnnnerin wl~iclr | 11. And be it enacted that such notice of application intended |
be wrvcd. | nnch mmmu dlnli to be made under this Ordinance may be served either personally |
QT
a by leaving the same with some person being in and apparently residina at the place of abode of the persons so holding over as
and that the person serving the same shall read over the
same to the person served or with whom the same shall be left as doresaid and explain the purport and intent thereof: Provided
that if the person so holding over cannot be found and the place
of abode of such person shall either not be known or admission
thereto cannot be obtained for serving such summons the posting
up of the said summons on some conspicuous part of the premises
so held over shall be deemed to be good service upon such
person.
111. And be it enacted that in every case in which the person How etct~~tiun at | Warrants of yosSEs- |
to whom any such Warrant shall be granted had | not at the time sioa may | ~ t q e d. |
of granting the same lawful right to the possession 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 shall bc made by virtue of the War- rant and in case any such Tenant or occupier will become bound
with two sureties as hereinafter provided to be approved of by
the said Justices in such sum as to them shall seem reasonable
regard being bad to the value of the premises and to the probable
cost of an action to sue the person to whom such warrant was
grnntcd with cft'cct and wit.lmt delay and to pay all the costs of
tlw procoding in rrwh ncbtion in c:rac n vcdict slrnll paws for t h
J)efci~tltwt o r tlw 'l 'lnilrtill' slwli tliscontiuuc or not prosccutc h i s | , |
actioil or bccornc non-suit thcrcin execution of the warrant shall |
be delayed until judgment shall have been given in such nction of trespass and if upon the trial of such action of trespass a rer- | dict shall pass for: the Plaintiff such verdict and judgement there- |
upon shall supercade the Warratit so granted and the Plaintiff |
shall be entitled to double costs in the said action of trespass. | b |
!. - ;
W.' And be it enactcd that cvery such 'b011d as hereinbefore Pmcn~i,,p on lLe | h |
|
n~entionctl | shall bc mndc to tllc said Landlord or his Agent at the bond in wtim of | . |
costs of such Landlord or Agent and shqll. )c | approved of and | ;: "F |
signed by thc said Jilstices and if the bond so takcn bc forfeited | , ', l |
or if upon the trial of the action for securing the trial of which | |
such bond was givcn the Judge by whom it shall be tried shall | |
.
not endorse upon the record in Court that the condition of the | . '. |
bond hat11 been fulfilled the party to whoni the bond shall have | |
been fro mnclc lnny bring ari hction and recover thereon : Pro- | , I, + | 1 |
vidd always tllat the Court wliero such action as * h a t aforesaid | , |
hall be brougllt may by rule of Court give buch relief to tire | . I . l |
parties upon sue11 bond ns may. be agreeable to justice and such | 1. |
rule &hall have the nature and effect of a defeazance to such bond. |
~rotectiondJlutisa V. And be it enacted that it shall not Fe | 1awfi.d to bring any ac- |
c~'bler | tion or prosecution against the said Justices by whom such Warrant |
as aforesaid shall have been issued or against any Constable bv whom |
such Warrant may be executed for issuing such Warrant or executing |
the same respectively by reason that the person on whose application | f | the same shall be granted had not lawful right to the possession of | rttn [SA j | the premises. | the |
|
Yea
WLNC Lmdlordbat | VI. And be it enacted that where the Landlord at the time of ap- | fro1 |
a lawful title he shall | the |
not be deemed 8 trea- plying for such warrant as aforesaid had lawful right to the posses- | ove |
p=r | by rewon d @ion | of the premises or of the part thereof so held over as aforesaid |
aaale h .. | neither the said Landlord nor his Agent nor any other person acting | f |
On&ecar | fm W - | in his behalf shall be deemed to be a trespasser by reason merely of | or |
~ | g | any irregularity or informality *in the mode of proceeding for ob- | ~ | ~ | ~ | ~ | ~ | . |
taining possession under the authority of this Ordinance but n party | issl |
aggrieved may if he thin^ fit bring an action on the case for such ir- | ses |
regularity or informality in which the damage alleged to be sustained thereby shall be specially laid and may recover full satisfaction for such special damage with costs of suit : Provided that if the special |
To |
, | damage so laid be not proved the Defendant shall be entitled to a |
I |
veidict and that if proved but assessed by the Jury at any sum not exceeding five shillings the Plaintiff shall recover no more costs than |
l | damages unless the Judge before whom the trial shall have been held |
, | shall certify upon the back of the record that in his opinion full |
t
costs ought to be allonTed.
~ ~ L l p n ~ o ~ | VII. And be it cnactcd that in construing this. Ordinance the |
word Prmniscs " slmll be taken to signify lands houses or other corporeal hercditnments and that the word person slloll be talien to | T1 |
In |
comprehend a body politic corporntc or collegiate as well ns an indi- | wl |
vidual and that the tcrm " Imdlord " shall be understood as sip | CC |
d y i n g the person entitled to the immediate reversion of the | th R1 |
premises or if the property be held in joint .tenancy CO-parcenary or | tl |
tenancy in common sl~all | be understood as signifying any of the | 01 |
persons entitled to such reversion and that the word | Agent" shall | S1 |
bc taken to signify m y persons uaually employed by the Landlord | 0 |
E |
I | in- the letting of the premises or in the collection of the rents |
thereof ok specially autho&d to act in the particular manner by | . | tl |
writing U dcr the lmnd of such Landlord. | t | l |
I | Governor and Commander-in-Chief, |
FORM No. 1.
Notice of Owner's Intention to Apply to Jwticeu to 13ecover Possession.
J | [Owner or Ageat to | the Owver as the case may |
,,,y h] | do hireby give yon due notice that unless peaceable possession of the tenement |
the said [as the cuss ma.y be] under a tenancy from year to | [s],ottly describing i t ] situate | ~ h i c h | was held of me or of |
pl or [as Bs case may be] which expired [or was deternrined] by notice to quit | or otherwise [as the case may be | on |
the | day of | and which tenement is now leld |
over and detained from the snid | be given to [the Otoner or |
Agml] on or before d ~ e | expiration of aeven clear days from the service of this notice |
1 | |
of | at | of the clock of the same day at | , | apply |
totwo of Her Majesty's Justices of the Peace residing within the District of
[bdng the Dislrict in which lk said tenement or any part t h e o f is situate] to
issue their Warrant directing the Constables of the said District tu enter and take pos-
session of the said tenement and to eject any person therefrom.
(Signed)
Owner or Agent.
To Mr.
-
Complaint baforu two Jwticea. .
The complaint of [Owner or Agent 46. ar the case map bc]
made before us two of Her Majesty's Justices of the Peace for the Provinco of. South
htral ia and irs Dependencies residing nit,lin the District of [a8 the case may be] | who soith that the mud | did let to | a tenement |
the rent of | and that the said tenancy expired [or waa determined by |
nolice to quit given by the anid | as lhe case may be] on |
the | day of | and that on the | day |
of the said did serve on I [ t h g
hand ookzholding] a notice in writing of his intention to-apply to recover possession
of the snid tcncmcnt (a duplicate of which notice is hereunto annexed) b giving &c.
[+tcribiy | tha nods in which the tcrvice tea? efecledj and that notnit ~stnnding | r | the |
notice the anid | refueed [or nsgbctrd] to deliver up possession of |
the said tenement and rtill detains the same. ' | ', |
(Signed)
Taken the | day of | before U% |
(Signed),
.
J. P.
A Dupbicatu gf the notior of intuvafiwn k | apply U to & a n n d to tAir mplaint. |
I
FORM No. 3. "
IVarrant | to Constahk8 to Taka a d Give Posmslbn. |
Whereas [ s e t forth | the complnittt] we two uf Her AIi~jeaty'~ | J ~ ~ i t i c e s | of the Peace for |
h e Province of South Austdin and its Depe~l(lencies | r u d i n g a i t l~ in | t L District of [fir |
the case may be] do al~tlwrise | nnd command you on any clay witbill | t i n y |
from the dntc Iter~of [ m c e p t on Stwln,y Clwistnaar Dq and | Good Friday to be ~ / d c, l |
tf: | r~eccssary] or 1)ctwecn the hours of nine in the forenoon and Sour in the nhrnooll 1,) |
enter (by force if needful) and with or without tLo aid of [ tlrr | Owner or rlge~it as the care may h] or any other person or persons whom you m g |
think requisite 10 call to your assistance into and npon l i e said tenement and B ejvt tfrareout any yera'on and of the said tenement full and peacenhle possession to deliver m |
+he said |
Given under our lmnds and seals this | , | dayof |
To A. B., C. D., and E. F., Constables of the Province of South
Australia ,and to all other Constables of the mid Province.
* | P | in the Legistative Cuuncil, this First |
, \ | day of November, 1843. | . |
i
f
\ | Clerk of Council. - |
\, |
\ |
i |
I |
\ |
ADELAIDE:
kinlal | au*orily | by A n o ~ l n r ~ ~ | MAG~OVGALL | Qorrrnmrnt Prihter, IZuuJle*~lrew |