Warrant obtained without right to possession

(1) Wherever the person at whose instance any warrant to give possession as aforesaid is granted had not at the time of granting it lawful right to the possession of the land, the obtaining of the warrant shall be deemed a trespass by him against the tenant or occupier of the land or buildings, although no entry may be made by virtue of the warrant, and if the tenant or occupier becomes bound, with two sureties as provided in subsection (2) of this section, to be approved by the magistrate, in a sum to him seeming reasonable, regard being had to the value of the premises and to the probable costs of an action, to sue the person at whose instance the warrant to give possession was granted with effect and without delay, and to pay all the costs of the proceedings in the action in case judgment is given for the defendant, or the plaintiff discontinues or does not prosecute his action or is non-suited therein, execution of the warrant shall be delayed until judgment is given in the action, and if, on the trial of the action, judgment is given for the plaintiff, that judgment shall supersede the warrant so granted and the plaintiff shall be entitled to double costs in the action. (2) The bond shall be made to and at the cost of the landlord or his agent, and shall be approved and signed by the magistrate, and if the Irregularity in proceeding but land- lord has lawful right to possession. bond so taken is forfeited, or if on the trial of the action for securing the trial of which the bond was given the judge by whom it is tried does not indorse upon the record in court that the condition of the bond has been fulfilled, the party in whose favour the bond has been so made may bring an action, and recover thereon, Provided that the court where the action mentioned in subsection (1) of this section is brought may by order give any relief to the parties upon the bond agreeable to justice, and that order shall have the nature and effect of a defeasance to the bond. bailiff and police officer.