Section 200 — District Court Act 2016: Execution of warrant may be stayed on giving bond

200 Execution of warrant may be stayed on giving bond (1) The execution of a warrant for the recovery of land must be stayed if the tenant or occupier of the land ( A ) gives a bond to the landlord in accordance with this section. (2) The bond must— (a) bind A to bring a proceeding for trespass against the person to whom the warrant was issued ( B ); and (b) bind A to bring the proceeding without delay; and (c) bind A to pay all the costs of the proceeding if unsuccessful; and (d) secure an amount fixed by the court that the court considers reasonable, having regard to the value of the land and the probable costs of the proceeding; and (e) be executed by 2 sureties approved by the court; and (f) be approved by the court; and (g) be prepared at A’s expense. (3) For the purposes of subsection (2)(c), the proceeding is unsuccessful if— (a) judgment is given for B; or (b) A discontinues the proceeding; or (c) A fails to prosecute the proceeding without delay. (4) B may sue on the bond if— (a) the bond is forfeited; or (b) the Judge in A’s proceeding for trespass does not endorse on the record that the conditions of the bond have been fulfilled. (5) In a proceeding by B suing on the bond, the court may order such relief to the parties to the bond as it thinks just, and the order has the nature and effect of voiding the bond. Compare: 1947 No 16 s 102(1), (3)