Summary Ejectment Act 1853 No 10a (NSW)
| 2642 | N o. 10. | 17̂ VIC. | 1853. |
Summary Ejectment.
| ■ | No. X. |
SUMJIAKT
| E jectm en t . | An Act for the speedy recovery of the possession |
| of Tenements unlawfully held over. | [44/i |
| August, 1853.] |
HERE AS it is necessary to make further provision for the
| T T | recovery of the possession of Tenements unlawfully held over |
by the tenants thereof Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows :—
1. Erom and after the passing of this Act the Act passed in
11 Vic. No. 2
| repealed. | the eleventh year of the reign of Her present Majesty intituled “ An “ A ct to facilitate the recovery o f possession o f Tenements after due “ determination o f the tenancy ” shall be and the same is hereby repealed. |
| Po.ssession of tene |
| ments may te re | 2. When the term or interest of the tenant of any land held by |
| covered before Jus- | him for any term of years or for any less estate or interest either with |
| ti:es of the Peace. | or without being liable to the payment of any rent shall have expired by effluxion of time or shall have been determined by notice to quit or demand of possession and such tenant or any person claiming under him who shall actually occupy such land or any part thereof shall neglect to quit and deliver up possession of such land or of such part thereof respectively it shall be lawful for the landlord of such land or his agent to exhibit his information before any Justice of the |
| Information to be | |
| exhibited and sum | Peace and such Justice shall thereupon issue a summons and if |
| mons issued. | required so to do a duplicate thereof under his hand against the person so neglecting to quit and deliver up possession requiring such person to appear before any two or more Justices of the Peace at the place where the Petty Sessions of the district in which the land of which possession is sought to be recovered shall be situated shall usually sit to shew cause why such landlord should not be put into possession of |
| hearing. | |
| Proceedings at the | such land and if at the time and place appointed in and by such summons or at any adjournment thereof (whether the tenant or occupier shall or shall not appear) such landlord or such agent shall give due proof according to law to the satisfaction of the Justices before whom the matter shall be heard or the majority of them of the creation and of the expiration or determination in manner aforesaid of the tenancy and that such landlord then has and had at the time of the service of the summons upon tlie tenant or occupier lawful right as against such tenant or occupier to the possession of such land and that the tenant or occupier against whom such summons shall be issued was the tenant in possession or the actual occupier of such land |
| On proof of land | |
| lord’s case adjudica | at the time of the service of such summons then (upon proof of the |
| tion to be in his | service of the summons in case the tenant or occupier shall not |
| faTor, | appear) it shall be lawful for the said Justices or the majority of them unless reasonable cause shall be shewn or shall appear to them to the contrary to adjudge the landlord by or for or on whose behalf such information shall be exhibited entitled to possession of such land and to award to the said landlord or to such agent by |
| Costs. | whom such information shall be exhibited his costs to be assessed |
| Warrant of pos | |
| session to issue. | by the said Justices or the majority of them and to issue a warrant under their hands directed to the constables and peace officers of or acting in or for the district or place within which such land shall be situate or to any of tliem or to any other person or persons as a special bailiff or special bailiffs in that behalf requiring and |
authorizing
| 1853. | 17“ VIC. | N o. | 10. | 2643 |
Summary Ejectment.
authorizing them or him within a period to bo therein named not less tiian seven nor more than thirty clear days from the date; of such warrant to enter (by force if needful) into such land and to give possession of the same to such landlord or such agent on his behalf and sueli n^arrant shall be a sufficient authority to such con stables peace officers or bailiff or bailiffs to enter upon such land with sucli assistants as they or he shall deem necessary and to give posses sion accordingly Provided always that no entry upon any such Not to i)c executed
warrant shall l)c made on a Sunday Good Eriday Christmas Day or jfnfay'oTcSir. at any time except between the hours of nine of the clock in the Day or except bc- raorning and four of the clock in the afternoon and in case such land- p™“ on“ S i r o f ^ lord or agent shall fail to appear or to give such proof as aforesaid appearing or proof at the time and place aforesaid it shall be lawful for such Justices or
the majority of them to dismiss his information and to award to the in favor of tenant
person against whom such information shall be exhibited his costs to
be assessed by such Justices or the majority of them and all costs Mode of recovering
which shall be aAvarded under the provisions hereof together Avith the
reasonable charges of taking and keeping the distn^ss shall be recoA'er-
able l)y distress and sale of the goods and chattels of the person avI io
shall be adjudged or ordered to pay the same and the proceedings upon the hearing of the matter of any such information as aforesaid shall be conducted as near as may be in accordanct; Avith the proceed ings upon tlie trial of an issue of fact in the Supreme Court of the said Colony and the parties to such information shall by themselves their counsel or attorneys have the like right of addressing the Court as AVell in reply as otherwise as the parties upon the trial of any such issu<; of fact in the Supreme Court Avould have or be entitled to.
8. It shall be laAvful for the Justices by Avhom such adjudication Power to Justice to
shall bo madt! (if it shall appear to them fit and reasonable and just oradju!iic™ti^
so to do) to postpone the issuing of such AÂ arrant and other proeeedings fifteen days,
under sucli adjudication or to suspend the execution of such Avarrant
and other proceedings for any period not exceeding fifteen clear days
from the day of such adjudication either upon such terms as to
security or otherwise or absolutely Avithout imposing any terms as to
such Justices shall seem meet.
•I. Such summons shall be served three clear days b e f o r e t h e The manner in
day appointed for the hearing of the matter of the information upon sbai'i br™rvc^^^^ ̂
Avhich the same shall issue and such summons shall be served by
delivering the same or a duplicate thereof personally to the person oiî inai or duplicate
summoned thereby or in case notAvithstanding all due diligence in that
behalf such person cannot be personally served as aforesaid then by practicable on wife
leaving the same Avith the wife or servant of such person or some other
competent person either on the land in respect of Aidiich such summons
shall have been issued or at the place of abode of the person so sum
moned and in all such cases as aforesaid the person serving such Nature of summons
summons shall explain the nature and effect thereof to the person to icsslm il
Avhom the same or the duplicate thereof shall be delivered unless such prevented,
last-mentioned person shall prevent such explanation from being made
ProA'ided ahvays that if notAvithstanding all due diligence in that Or if above modes
behalf it shall from any cause be impracticable to serve such summons jloTung on̂ tL
in any of the Avays aforesaid then the posting of the same or a duplicate
thereof on some conspicuous part of the land in respect of which the
same shall have been issued shall be deemed to be good service of
such summons.
5. I f any tenant or occupier against Avhom any such Avarrant Executionofwanant
shall be granted shall at the time Avhen the adjudication in respect “ ond'of smetb's’" thereof shall be made offer to give security to defend an action of fining given to pay cj(ictmcnt or other appropriate action against him tor recovery of “ “over fimd’A
possession of the land in respect of Avhich such adj udication sliall be Oii otier to give such
made
| 2644 | N o. | 10. | i r VIC. | 1853. |
Stmimary JEjectment.
security execution of made in the Supreme Court of the said Colony or any other Court
pclidecffor toee ̂ having Competent jurisdiction in that behalf to be brought by or on
| (lays. | behalf of the landlord by or for or on Avhose behalf the information upon which such adjudication shall be made shall have been exhibited then the execution of such Avarrant and all other proceedings under |
| interval bond besuch adjudication shall be suspended for three clear days and if during | And if during that |
| given warrant to be that interval sucli tcnaiit or occupier shall give security by a joint and |
several bond of two other responsible persons to bo approved of by the Justices by AA'hom the matter of such information shall be heard or the majority of them in such sum of money as to them (regard being had to the value of such land and to the proliable cost of such action and the probable length of time \Adiich must elapse befoiai the same can be determined) shall seem reasonable and they shall direct to such landlord his executors and administrators conditioned to bo void (in case such landlord his heirs executors or administrators shall succeed in such action) upon payment of all such costs of suit as shall be awarded to or recovered by such landlord his heirs executors or administrators in such action and of all mesne profits of the said land accruing between the time of such adjudication and the time when such landlord his heirs executors or administrators shall obtain possession of such land by Aurtue of such action and of all such costs as shall or may lit; awarded by such Justices or the; majority of them to be paid by sucb tenant or occupier to such landlord or his agent then and in such case such warrant shall not be executed or put in forct; but shall become and be void and no further proceeding shall bo taken under or in pursuance of such adjudication for recovery of such last-mentioned costs or otherwise.
| Bond to be approved | 6 . Every sucli bond as hereinbefore mentioned shall be approved |
| justfeef̂ '̂ '̂ | certified as so approved of by the Justices by Avhom the matter of such information shall bo heard or the majority of them by a memo randum in writing signed by them which memorandum shall be on |
Mode for parties to or annexed to such bond Provided always that the Court in Avhich
i’n caso°(̂ deiay"on'̂ ^̂ ŷ sucli action of ejcctment or other action for the recovery of
the part of the land- the land in I’cspcct of AA'hicli such adjudication shall have been made lord or otherwise. Court may upon application of the parties
Ijound thereby or either of them their or cither of their heirs executors or administrators in a summary Avay give such relief to the person or persons making such application or make such otlier order in the premises as may be agreeable to justice and every rule or order made by such Court or Judge thereupon shall have the nature and cllect of a defeasance to such bond Provided also that if any unreasonable delay shall occur in the bringing or prosecuting such action of ejectment or other action for recovery of such land then the Court in Avhich such action shall be brought or any Judge thereof or in case no such action shall have been brought and bo depending then any Court having competent jurisdiction to entertain any such action or any Judge of any such Court may upon application of the parties bound by any such bond or either of them their or either of their heirs executors or administrators in a summary way order or direct such bond to be cancelled and given up to the person or persons making such applica tion or make such other order or direction in the premises as may be agreeable to justice and if a rule or order shall thereupon be made by any such Court or Judge ordering or directing such bond to be cancelled then such bond shall upon the making of such rule or order become and be thenceforth void but without prejudice to any action or other remedy thereon for any previous breach of the condition of defeasance thereof.
| Protection of Jus | 7. It shall not be laAvful to bring any action or prosecution |
| tices constables 5tc, against tlte said Justices | ~ | by Avhnm such Avarrant as aforesaid shall |
have
| 1853. | 17̂ ̂ VIC. | N o. | 10. | 2645 |
Summary Ejectment.
have been issued or against any constable peace officer or bailiff by whom, sucb warrant may have been executed for issuing such warrant or executing the same respectively by reason that the landlord by or for or on whose behalf the same shall he obtained had not lawful right to ■
tlie possession of the land in respect of which such warrant shall have
issued.
8 . In all cases where at the time of executing any such warrant where landlord's
the landlord by whom or for or on whose behalf such warrant shall
liave been obtained shall have as against the person in possession of hut he iiahie by
such land lawful right to the possession thereof then neither such for
landlord nor his agent nor any other person acting on his liehalf shall
1)6 deemed to lie a trespasser by reason merely of any irregularity or
informality in the mode of proceeding for obtaining possession under
tlie authority of tliis Act hut the jiarty aggrieved may if he think lit
bring an action on the case for any sucli irregularity or informality.
9. No such warrant nor anything herein contained shall protect Act not to protect
| any landlord by whom or for or on whose behalf any such warrant for fogai’ryit!" * | '̂ '̂ *̂ ***̂ |
the delivery of possession of any land shall he obtained as aforesaid from any action which may he brought against him by any person in possession of such laud or any part thereof for or in respect of any enti’y upon or taking possession thereof under or by virtue of any such warrant where snch landlord shall not at the time of executing the same have as against such person in possession lawful right to the possession thereof and in all such cases as last aforesaid such landlord And :n sueii case
shall be liable in respect of such entry and takiug possession in like manner as ii tlie same had been made or taken by mm or by his direction witliont the authority of any such warrant Provided also that nothing herein contained sliall prejudicially affect any rights to which any person may be entitled as out-going tenant by the custom of the country or otherwise.
10. In consti’uing this Act the word “ land ’* shall he taken to Construction oi
signify lands honses or other corporeal hereditaments and the word “ jierson ” shall be taken to comprehend a body politic corporate or collegiate as well as an individual and the word “agent” shall he taken to signify any person usually employed by the landlord in the letting ol‘ the land or in the collection of the rents thereof or specially authorized to act in the particular matter by writing under the hand of snch landlord and unless there he something in the context repugnant thereto any word denoting the singular number or the male sex shall be taken to extend to any other nnmher of persons and things and to both sexes.
11. In all proceedings under this Act not herein expressly where not expressly provided for the same shall be regulated and conducted in accordance [™procel̂ inuilfr h with the provisions of the law in force for the time being respecting vie. No. 4.!.
summai’y proceedings before Justices of the Peace out of Sessions and all such provisions shall so far as the same are applicable be in force and observed in all proceedings under this Act not herein expressly pro vided for bnt no person shall be imprisoned for non-payment of any costs awarded under the provisions hereof and any person who shall feel aggrieved by any order adjudication or warrant made or issued under the provisions hereof shall have the like power of applying to the Supreme Court of the said Colony or any Judge thereof in order to obtain a prohibition to restrain any Justice or Justices by whom any Ana provisions
such order adjudication or warrant may be made or issued and the the reign of Her present Majesty intituled “ An A ct to (atopt and
landlord or agent or tenant or ocenpier or other pei'son interested in pioei(,‘ains;s under
innintaining tlu' sanu' fi-om proceeding (or from further proci'eding as*'"̂
t he. east' may he) u])on or in resjica t of tlie same as ai’e given by the
“ apply
| 2646 | N o. 10. | 17" VIC. | 1853. |
Summary Ejectment.
“ apply certain Acts o f Parliament passed fo r facilitating the perform- “ ance o f the duties o f Justices o f the Peace and fo r protecting them
from vexatious actions and to prevent persons convicted o f offences '■'■from talcing undue advantage o f mere defects or errors in form ” or which hy any other Act in force for the time being may be given to any person feeling aggrieved hy the summary convictions or orders of Justices of the Peace and all the provisions of the said last recited Act or any other Act in force for the time being in reference to applying for and obtaining a prohibition in respect of such summary convictions and orders shall apply to and be in force in respect to every such order adjudication and warrant made or issued under the provisions of this Act and shall he applied in like manner as far as practicable as if every such order adjudication or warrant were such a summary conviction or order as aforesaid.
| Information &c. not | 12. No objection shall be taken or allowed to any information |
| to be objected to for |
| alleged defects in | complaint summons conviction or warrant made or preferred under or |
| substance or form | |
| bTit such defects may | hy virtue of this Act for any alleged defect in substance or in form |
| bo amended by the | or for any variance between it and the evidence adduced on the part |
| Justices. | of the complainant hut if any such variance or defect shall appear to the Justice or Justices present at and acting in the hearing of the case it shall he lawful for such Justice or Justices upon such terms as he or they shall think fit to cause the said proceedings to he amended and to adjourn the hearing of the case to some future day if necessary. |
| Fomis. | 13. The forms in the Schedule to this Act annexed or any other forms to the like effect may he used in the carrying out of the provisions of this Act Provided always that this enactment shall not invalidate any information summons adjudication order bond warrant or other proceeding which may he laid or drawn in any other appropriate form or manner. |
THE SCHEDULE REEERRED TO.
Form of Information.
| D istrict of | '| Be it remembered That on the | day of | in the |
(the District in which the I year of our Lord one thousand eight hundred and fifty
| land o f which possession is I at | in the Colony of New South Wale.s (A. B.) or |
| sought to he recovered is > | (C. D. the agent of A. B.) the landlord of the land hereinafter |
| situate} | described informed me Esquire one of Her |
| TO W IT . | ̂ Majesty’s Justices of the Peace in and for the Colony aforesaid |
(describing the jurisdiction o f the .Justices before whom the information is exhibited} that theretofore E. F. held from the said A. B. by virtue of a tenancy (for a term of yeans) or (from year to year or from month to month or from week to week or at will or at sufferance or othcricise as the case may be} (all that parcel of land) or (all that messuage or dwelling- house or otherwise according to the fact} situate in the (city town parish or other locality} in the District of in the Colony aforesaid bounded (describing the land by name abuttals or otherwise with suficieni piarticularity to identify the same} and that the said tenancy (expired by effluxion of time) or (was determined by notice to quit or demand of possession) on or about the day of (then instant) or (last past or otherwise according to the fact} and 1 hat such land was at the time of iny being so informed, as aforesaid actually occupied by (the said E. P.) or (G. II. a person claiming under the said E. F.) and that the said (E. F.) or (G. H.) neglected to quit and deliver up posses.sion thereof and that the said A. B. then had lawful right as against the said (E. F.) or (G. H .) to the possession of such land and thereupon the said (A. B.) or (C. D.) prayed that the said A. B. might bo put into possession of the said land under and by virtue of the pro visions of the Statute in such case made and provided.
| Exhibited at | aforesaid) |
on the day and year first above >• written before me. )
___________________________ J.P .
The Justice above named.
fo rm
| 1853. | 17° VIC. | No. 10. | 2647 |
Summanj Ejectment.
Form r f Summons.
describe the Justice as in the Informatioti) by (A. B.) or (C. 1). the agent of A. B.) praying that the said A. B. may under and by virtue of the provisions of the Statute in such ease made and provided be put into possession of (Jierc describe the land as in the infurmatinny of ivliieli it is therein alleged you are now in the actual occupation on the ground that the same was held from the said A. B. by (you) or (E. F. under whom it is also therein alleged you claim) by virtue of a tenancy (for a term of years or otherwise as aoerred in the infor mation) which (expired by effluxion of time or otherwise as averred in the information) on or about the day of (now instant) or (last past or olherwise as averred in tlie information) and that you neglect to quit and deliver possession of the said land These are therefore to command you in Her Majesty’s name to be and appear on
To [E. F.] or [G. H .]
| the | day of | now (instant) or (next ensuing) at the hour of |
of the clock in the forenoon at (the place where the Fetti/ Sessions ( f the District in which the land in <iucstion is situated uswalltj sit) and so from day to day at the same hour of the day until the matter of the said information shall be disposed of before such two or more of Her Majesty’s Justices of the Peace as may then be there to shew cause why the said A. B. should not bo put into possession of the said land and why you should not be adjudged to pay to the said (A. B.) or (C. D.) his costs of proceeding to obtain and of recovering possession of the said land And take notice that if you fail to appear and shew #1011 cause as aforesaid you will be liable to have a warrant issued against you under which such possession of the said land may be given to the said A. B. and to be adjudged to pay such costs as aforesaid Given under my hand the day of in the year of our Lord one thousand eight hundred and fifty
| _____________ _________ | J.P. |
The Justice above named.
Form o f Adjudication in favor o f Landlord and Award o f Costs to him or his Agent.
| D istrict op | J W iiere.as an information was exhibited on the | day |
| (as in Information) | of | now (instant) or (last past) by (A. B.) or (C. D. |
| TO WIT. | 3 tPe agent of A. B.) praying that the said A. B. might under and by |
virtue of the provisions of the Statute in such case made and provided be put into possession of (here describe the land as in the information) of which it was therein alleged that (E. F.) or (G. II.) was then in the actual occupation on tlie ground that the same ivas held from the said A. B. by (tlie said E. F.) or (E. F. under whom it W'as also therein alleged the said G. II. claimed) by virtue of a tenancy (f ir a term of years or otherwise as averred in the i/for- mati(jn) which (expired by effluxion of time or otherwise as in the information) on or about the day of (then instant) or (last past or otherwise as averred in the iiformation) and that the said (E. F.) or (G. II.) neglected to (|uit and deliver possession of the said land And whereas thereupon a summons to the said (E. F.) or (G. ll.) was duly issued and served whereby the said (E. F.) or (G. II.) was duly summoned to bo and appear on the
| day of | now' (instant) or (last past) at the hour of | of the |
clock in the forenoon at (as in the summons) (being the place where the Potty Sessions of the said District usually sit) and so from day to day until the matter of the said informa tion should be disposed of before such two or more of Her Majesty's Justices of the Peace as might then be there to shew cau.se why the said A. B. should not be put into possession of the said land and why the said (E. F.) or (G. H.) should not be adjudged to pay to the .said (A. B.) or (C. D.) his costs of proceeding to obtain and recovering po.ssession of the said land And whereas the matter of the said information has in pursuance of such summons to the .said (E. F.) or (G. II.) as aforo.said been duly heard by and before ns (the .histices making the adjudication) oi Her ^Majesty’s Justices of the .beace in and for the Colony aforesaid (describing the jurisdiction of the .Justices bg ichom the matter is heard) at the said place at which the said (E. F.) or (G. II.) was .so summoned to appear as afore said wo being (all) or (a majority of) the Justices then and there sitting And the said (A. B.) or (C. D.) hath given due proof according to law to the .satisfaction of us of the creation .and of the (expiration) or (determination) in manner aforesaid of the said tenancy and that the said A. B. had at the time of the service of the .s.aid summons upon tlie said (E. F.) or (G. II.) and at the time of the .said hearing and now has lawful right as against the said (E. F.) or (G. H.) to the possession of the said land and that the said (E. F.) or (G. H .) was the tenant in possession or the actual occupier of the said land at the time of the said service of the said summons (and whereas the said (E. F. ) or (G. II.) duly appeared in pursuance of the said .summons and according to the exigency thereof before us to defend himself touching the matter of the said information but did not shew any reasonable c.ause to u.s) or (and whereas the said (E. F. or (!. 11.) not having appeared in pursuance of the said summons or according to the exigency thereof due proof of the .service of the said summons w'as given to us) and no reasonable cause W’as in fact shewn or appeared to us why we should not adjudge the said A. B. to be entitled to possession of the said land Now therefore we do hereby adjudge that the said A. B. is entitled to the posse.ssion of the said
| Y— VOL. 4 . | land |
| 2648 | N o. | 10. | 17'’ V IC . | 1853. |
Summary Ejectment.
land and that a warrant shall issue according to the provisions of the Statute in such
made and provided for putting the said A. B. into possession of the said land within (not
less than seven nor more than ihirty) clear days from the date thereof (Here add in ease
costs shall be aioarded to the landlord or his agent—And we do assess the costs of the said
(A. B.) or (C. D.) of proceeding to obtain and of recovering possession of the said land at
the sum of which said sum of money we do award to the said (A. B ) or
(C. I).) for his said costs and we do order and adjudge that the same shall be paid forthwith
by the said (E. F.) or (G. II.) to the said (A. B.) or (G. D.) And we do further award and
adjudge that if the same be not paid forthwith that the same be levied by distress and sale
of the goods and chattels of the said (E F.) or (G. II.) Witne.ss our hands and seals
the day of in the year of our Lord one thousand eight hundred
| and fifty | . |
J . P. (l . s .) _J. I*. (L. s.)
Form o f Warrant of Possession.
| District of | i | [To | a Constable or Peace |
| (as in Information') !- | tio)i') V | Officer of or acting for the District of |
| TO WIT. | \ | (or other place as the case may be) in the Colony of New South Wales and to all other Constables and Peace Officers of or act ing for the .said District (or other place as the rase may be) and to each of them.] |
Or [To all Constables and Peace Officers of or acting for the District of (or other place as the case may be) in the Colony of New South Wales and to each of them.]
| Or [To | a Special Bailiff for the |
purposes hereinafter mentioned.]
| Or [To | and | Special |
Bailiffs for the purposes hereinafter mentioned and to each of them.]
W hereas we the undersigned of Her Majesty’s Justices of the Peace in and for the Colony of New South Wales (describing the jurisdiction o f the Justices making the adjudication) in pursuance of the provisions of the Act of the Governor and Legislative Council of the said Colony passed in the year of the reign of Her Majesty Queen Victoria intituled “ An Act fo r the speedy recovery o f the possession o f Tenements u.nlaicfally held over" did on this day of in the year of our Lord one thousand eight hundred and fifty upon the hearing of the matter of an information exhibited by (A. B.) or (C. D. the agent of A. B.) against (E. F.) or (G. H.) adjudge that the said A. B. is entitled to the possession of (here describe the land as in the information) And we did also adjudge that a warrant should issue according to the provisions of the said Act for putting the said A. B. into possession of the said land within (as in adjudicatioii) clear days from the date thereof Now therefore we do authorize and command you [and ( i f directed to more than one person) each of you] within the period of clear days from the date hereof on any day except on Sunday (and i f either Christmas Day or Good Friday shall occur during the interval add “ or Christmas Day” “ or Good Friday” as the case may require) between the hours of nine of the clock in the forenoon and four of the clock in the afternoon [with or without the aid of the said (A. B.) or (C. D.) or any other person or persons whom you may think requisite to call to your assistance] to enter (by force if needful) into and upon the said land and to eject all persons thereout and therefrom and to give possession of the same to the said (A. B.) or (C. D. as such agent as aforesaid on behalf of the said A. B.)
| Given under our hands the | day of | in the |
year of our Lord one thousand eight hundred and fifty
J . P.
| J. | P. |
Form
| 1853. | VIO. | N o. 10. | 2649 |
Summary Ejectment.
Form o f Bund as Security to defend Action and supersede Execution o f Warrant.
| Know all nian by tlioso presents that We K. L. of | in the Colony |
| of Now South Wales | and M. N. of | in the |
| Colony aforesaid | are jointly and severally held and firmly |
| bound unto A. B. of | in the Colony aforesaid |
in the sum of pounds of lawful British money to be paid to the said A. B. his executors or administrators for which payment to be well and truly made we bind ourselves our heirs executors and adminis trators jointly and each of us binds himself his heirs executors and administrators severally by these presents Sealed with our Seals— Dated the day of in the year of our Lord one thousand eight hundred and fifty
W hereas Esquires of Her Majesty’s Justices of the Peace in and for the Colony of New South A\'alcs (describing the jurisdiction o f the Justices hy whom the adjudication was made) in ])ursuance of the provisions of the Act of tlie Governor and Legislative Council of the said Colony passed in the year of the reign of Her Majesty Queen Victoria intituled “ An Act fo r the speedy recovery of the possession o f 2'encments unlmofuUy held over” ddd on Axe day of now (instant) or (last past) upon hearing the matter of an information exhibited by (the above- named A. B.) or (C. D. the agent of the above-nan; d A. B.) against (E. ) cto (G. l i . j adjudge that the said A. B. was entitled to the possession of (here describe the land as in, the information) and did also adjudge that a warrant should issue according to the provisions of the said Act for putting the said A. B. into possession of the said land (here add in case costs were aivardcd to the landlord or his ayent) and the said Justices assessed the costs of the said (A. B.) or (C. D.) of proceeding to obtain and of recovering possession of the said lands at the sum of (as in the adjudieatioii)'Wh.iAi sum they did award to the said (A. B.) or (C. D.) for his said costs and the said Justices did order and adjudge that the same should be paid by t1ie said (E. F.) or (G. II.) to the said (A. B.) nr (C. D.) And whereas at the time when the said adjudication was made the said (E. F.) or (G. II.) in pursuance of the provisions in that behalf contained in the said Act offered to give security to defend an action of ejectment or other appropriate action against him for recovery of possession of the said land in the Supreme (lourt of the said Colony or any other Court having competent jurisdiction in that behalf to be brought by or on behalf of the said (A. B.) And whereas the said Justices in accordance with the provisions in that behalf contained in the said Act directed that the sum of money in which the bond in that behalf mentioned in the said Act should be given should be the above-named sum of pounds and the said J ustices have approved of the above bounden K. L. and M. N. as two responsible persons to enter into the said ])ond and the said Justices have approved hereof as such bond as afore said Now the condition of the above written bond is such that (in case the .said A. B. his heirs executors or administrators shall succeed in such action as aforesaid for the recovery of tlie said land) if the said (E. F.) o r (G. II.) his executors or administrators or any person on his or their behalf .shall pay to the said A. B. his heirs executors or administrators all such costs of suit as shall be awarded to or recovered by the said A. B. his heirs executors or administrators in such action and all mesne profits of the said land accruing between the time of the aforesaid adjudication and the time when the said A. B. his heirs executor.s or administrators shall obtain pos;sesslon of the said hind by virtue of such action (here add, in case costs wore awarded to the landlord or his agent) and the said sum of so ordered and adjudged by the said Justices to be paid by the said (E. F.) or (G. II.) to the said (A. B.) or (C. D.) as aforesaid then the said above written bond shall be void.
K. L. (l. s.) M. N. (l . s.)
Signed sealed and delivered by the above-named \
| K. L. and M. N. in the presence of | / |
| 0 . P. (the attesting witness or witnesses.) |
Form o f Memorandum to be written on or annexed to such io n d and signed by the Justices.
We the Justices named in this (o r the annexed) bond do hereby certify that wo
| approve thereof. | As witness our hands the | day of | in the year |
| of our Lord one thousand eight hundred and fifty- | _ |
| , | _____________________________________________________ |
| J. | p. |
Form
| 2650 | N o. 10. | IT YIO. | 1853. |
Summary Ejectment.
Form o f Adjudication in favor o f Tenant or Occiqner and Award o f Costs to him.
| District of | W hereas an information was exhibited on the | day |
| (as in Information') > of | now (instant) or (last past) by (A. B.) or (0. D. |
| TO AVIT. | ) the agent of A. B.) praying that the said A. B. might under and by |
virtue of the provisions of the Statute in such case made and provided bo put into possession of certain land situate in the District of in the Colony of Now South Wales therein described or referred to of which it ivas therein alleged that (B. D.) or (G. H .) was then in the actual occupation and thereupon a summons to the said (E. F.) or (G. II.) was duly issued and served whereby the said (E. F.) or (G. II.) Avas duly summoned to be and appear on the day of uoav (instant) or (last past) at the hour of of the clock in the forenoon at (as in the summons) (being the place where the Petty Ses.sions of the said District usually sit) and so from day to day until the matter of the said information should be disposed of before such tAvo or more of Her Majesty’s Justices of the Peace as might then bo there to shoAV cause Avhy the said A. B. should not bo put into possession of the said land And Avhereas the matter of the said information has in pursuance of such summons to the said (E. F.) or (G. H .) as aforesaid been duly called on before us (the Justices making the adjudication) of Her Majesty’s Justices of the Peace in and for the Colony aforesaid (describing the jurisdiction of the Justices before whom the matter is called on) at the said place at which the said (E. F.) or (G. II.) was so summoned to appear as aforesaid Ave being (all) or (a majority of) the Justices then and there sitting and the said (E. F.) or (G. II.) having then and there appeared before us to defend and oppose the said information and the said (A. B.) or (C. D.) (having failed to appear) or (having also appeared but having failed to give proof to our sati.sfaction) in support of his said information avc do therefore adjudge that the said information bo dismissed and the same is hereby dismissed accordingly (Here add in case costs shall be awarded to the tenant or occupier—) And we do assess the costs of the said (E. F.) or (G. II.) of appearing and defending and opposing the said Information at the sum of
Avhich said sum of money wo do aAvard to the said (E. F.) or (G. H.) for his said costs And we do order and adjudge that the same shall be paid by the said (A. B.) or (C. D.) to the said (E. F.) or (G. II.) And Ave do further award and adjudge that if the same be not paid forthwith that the same bo levied by distress and sale of the goods and chattels of the said
| (A. B.) or (C. D.) | Witness our hands and seals the | day of |
in the year of our Lord one thousand eight hundred and fifty-
J . P. (l .s.) J . P. (l.s.)
| Form o f Distress | Warrant fo r Non-payment o f Costs. |
| [To | a Constable or Peace Officer of nr |
acting for the District of (or other place as the case may he) in the Colony of New South Wales and to all other Constables and Peace Officers of or acting for the said District (or other place as the case may he) and to each of them.]
Or [To all Constables and Peace Officers of or acting for the District of
(or other place as the
case may he) in the Colony of Ncav South Wales and to each of
them.]
| Or [To | a person specially named |
for the purposes hereinafter mentioned.]
| Or [To | and |
persons specially named for the purposes hereinafter mentioned
and to each of them.]
| W hereas* on the | day of | now (instant) or |
adjudication) and SAich adjudication was in faA'or of the said (A. B.) or (C. D. on behalf of the said A. B.) or (E. F.) or (G. H.) and in and by .such adjudication the, said Justices did assess the costs of the said (A. B.) or (C. D.) or (E. F.) or (G. H.) in the premises at the sum of (as in the adjudication) and did aAvard to the said (A. B.) or (C. D.) or (E. F.) or (G. II.) the said .sum of money for his said costs and did order and adjudge that the same ahould be paid forthwith by the said (E. F.) or (G. H.) to the said (A. B.) or (C. D.) [or by the said (A. B.) or (C. D ) to the said (E. F.) or (G. II.)] and that if the same should not be forthAvith
(lastpast) at (the place where the adjudication took place) in the District of
in the Colony of New South Wales the matter of an information exhibited by (A. B.) or
(C. D. the agent of A. B.) against (E. F.) nr (G. H.) under and by virtue of the provisions
of the Act of the Governor and LegislatiA-e Council of the said Colony passed in the
year of the reign of Her Majesty Queen Victoria intituled “ An Act for the speedy recovery
o f the possession o f Tenements unlawfully held over” was duly heard and adjudicated upon
by (the Justices making the adjudication) of Her Majesty’s Justices of the
paid
| 1853. | IT VIC. | N o. | 11. | 2651 |
llaihcays Gauge.
paid that the same should T)e levied by distress and sale of the goods and chattels of the said (K. F.) vv (Gr. II.) ov (A. 15.) or (C. D.) and in default of sufficient distress that the said (B. F.) or (Cr. II.) or (A. 15.) or (C. D.) should be imprisoned in Her Majesty’s Gaol at
| in the said Colony for the period of | unless the |
said sum and all co.sts and charges of the said distress and of the commitment and con veyance of the said (E. F.) or (G. H.) or (A. 15.) or (C. D.) to the said Gaol should bo sooner paid* And ■\vhcreas the said (B. F.) or (G. II.) or (A. 15.) (o- (C. D.) hath not paid the said sum of money so ordered and adjudged to be paid by him for the said costs as aforesaid but therein hath made default These arc therefore to command you in Her Majesty’s name forthwith to make distrc.ss of the goods and chattels of the said (B. F.) or (G. II.) or (A. 15.) or (C. H.) and if within the period of clear days after the making of such distress the said sum of money above mentioned together with the reasonable charges of taking and keeping the said distress shall not to be paid that then you do sell the said goods and chattels so by you distrained and do pay the monc}' arising from such sale unto the Clerk of Petty Se.ssions of th.o Justice.s of the Peace for the said District of in order that he may pay and apply the same as by law directed and may render the overplus if any on demand to the said
| (E. F.) or (G. II.) or (A. 15.) or (C. I).) | Given under my hand and seal the |
| day of | in the year of our Lord one thousand eight hundred and fifty- |
J . P. (n. .s.)
0
0
0