A
THE HONGKONG GOVERNMENT GAZETTE, 3RD FEBRUARY, 1883.
[L.S.]
W. H. MARSH,
The Officer Administering the Government.
No. 1 of 1883.
An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Coun- cil thereof, to consolidate and amend the law relating to Distraints for Rent.
W
[2nd February, 1883.]
HEREAS it is expedient to consolidate and amend the law relating to Distraints for Rent: Be it en- acted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:---
PART I.
1. The Supreme Court shall have jurisdiction to issue warrants of distress for arrears of rent in all cases, without respect to the value of the property on which the rent is to be levied, and without respect to the amount of rent to be levied.
2. No distress shall be levied for arrears of rent except under the provisions of this Ordinance; and any person, except the Bailiffs and officers acting under this Ordinance, levying or attempting to levy any such distress shall, on conviction before a Magistrate, be liable to a fine not ex- ceeding one hundred dollars, or to imprisonment for a term not exceeding three months in addition to any other liability he may have incurred by his proceedings.
3. The Bailiffs of the Court shall be employed under the provisions of this Ordinance.
The salaries, allowances and expenses for the Bailiffs, and other officers employed under this Ordinance, shall be paid out of the general Revenue of the Colony; and all fees collected under this Ordinance for services by such Bailiffs and officers, shall be paid into the General Revenue of the Colony.
4. No fees shall be taken or demanded for such distresses, except those allowed by this Ordinance, as set out in Sche- dule A.
5. No warrants shall be issued in any case for arrears of rent due for more than twelve months at the time of the application.
PART II.
Of the making of Distraints.
6. Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent may apply, for such warrant as is hereinafter mentioned.
7. Powers of attorney to agents authorized to apply for warrants of distress, may be either general or for the particular case; and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to dis- train for rent under this Ordinance. Such powers may be in the form in Schedule E or to the like effect.
8. Every application for a warrant shall be supported by an affidavit or declaration which may be according to the form contained in Schedule B or to the like effect; such affidavits or declarations may be sworn or declared to in like manner as other affidavits or declarations in the Supreme Court.
9. Warrants according to the form in Schedule C or to the like effect may be issued by a Judge of the Supreme Court or in the absence of any Judge from the Court House by the Registrar or a Deputy Registrar returnable within six days addressed to any one of the Bailiffs of the Court.
10. The Judge, Registrar, or Deputy Registrar to whom application is made, may upon examination of the persons applying for such warrants, decline to issue the same.
If
11. If a Judge declines to issue such warrant, application may be made to the full Court as provided in cases under section 18 of the Supreme Court Ordinance, 1873. the Registrar or Deputy Registrar declines to do so, appli- cation may be made to a Judge in the first instance. The Deputy Registrar may, however, always refer the matter to the Registrar upon any application to such De- puty Registrar.
12. Every distress under this Ordinance shall be made after sunrise and before sunset, and not at any other time except by special leave of the Court or a Judge.
Preamble,
Issuing of warrants.
Penalty op unauthorised persons.
Bailiffs of the Court to levy distress; fees
to go to the Crown.
Fees.
Limitation of time.
Application
for warrant.
Powera of attorneys and agents.
Affidavit
Judge, Regis- trar, or Deputy Registrar, may issue warrant.
Refusal of warrant.
Appeal.
Time for
distresa.
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