Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 37

Execution of warrant stayed on bond given to bring action

37. Execution of warrant stayed on bond given to bring action

In case any such tenant or occupier will become bound with two sureties as
hereinafter provided to be approved of by the Magistrates' Court in such sum
as to it seems reasonable (regard being had to the value of the premises and
to the probable costs of an action) to sue the person to whom such warrant was
granted with effect and without delay and to pay all the costs of the
proceedings in such action in case a verdict passes for the defendant or the
plaintiff discontinues or does not prosecute his action or becomes nonsuit
therein, execution of the said warrant shall be stayed until judgment has been
given in such action. And if upon the trial of such action a verdict passes
for the plaintiff, such verdict and the judgment thereupon shall supersede the
warrant so granted and the plaintiff shall be entitled to his costs in the
said action.