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THE HONGKONG GOVERNMENT GAZETTE, 3rd FEBRUARY, 1883.
Writs in Crown Suits
and Distress
to have
precedence.
Property Buized under writ or
warrant of Supreme
Court.
If execution
Satisfied,
distress warrant may be executed.
Persong
allowed to apply for distraint,
Where several parties inter- ested one of them way institute proceedings.
Production of Authority.
Removal of property under distraint.
30. No personal property shall be removed from any premises under any writ from any Court other than Writs in Crown Suits, till the claim for rent due to the landlord or lessor or person entitled to receive the rent, is satisfied; provided that such claim shall not in any case exceed the amount due for six months' rent last due.
31. If personal property, otherwise liable to distress for rent, shall, at the time of the issue of any distress warrant, or thereafter before seizure by the Bailiff under such war- rant be seized under any writ or warrant of the Supremo Court, the said Bailiff shall not seize such personal property, but shall return the warrant into Court and deliver copics thereof to the excention creditor or his agent and to the debtor either personally or by leaving the same at the place where the goods were seized, and such execution creditor or debtor or either of them may apply to the Court to discharge or suspend the warrant within the time and in the manner mentioned in section 20, and should no such application be made within the said time, the Registrar shall, out of the first money to be received by him from the officer exccuting such writ or warrant, pay over to the person obtaining such distress warrant the amount thereof, provided that if the amount mentioned in the warrant of distress shall exceed the amount due for six months rent, the Registrar shall pay the amount of rent due for six months and the costs and
no more.
32. If any execution shall be paid off after issue of a warrant of distress, the Bailiff shall immediately execute the warrant of distress.
33. The following persons may, personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them, that is to say: Executors or Administrators of any lessor or landlord
or person entitled to receive rents,
Guardians for Infants, Committees of Lunatics for
the Lunatics,
Receivers appointed by Courts for the estate over or
for which they are appointed,
Assignees and Trustees in Bankruptcy for the estate
of the Bankrupt,
Mortgagees, for the property mortgaged, if the mort-
gagee is in possession,
Trustees, for the estate over which the trust extends, Lessees, against their under-lessees,
The Registrar for premises seized under executions, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person.
Married women, with or without the concurrence of their husbands, for arrears of rent due on property held by them to their sole and separate use. 34. Where a right to distrain accrues to parties jointly interested, or together interested, in any premises such as Coparceners, Joint Tenants, Tenants in Common, Executors, Administrators, Trustees, Guardians, partners or otherwise, proceedings under this Ordinance may be taken by any one of sucli parties, in his own name and the name or names of those jointly or together interested with him, and the levy- ing of reut so distrained for shall be a complete discharge to the tenant, for the rent, or for so much thereof as may be so levied; and the parties so levying shall be liable to account to the parties having the interest jointly or together with them for all sums so levied.
35. Provided that if it should, in any particular case, appear to the Court or to the Registrar or Deputy Registrar, to be advisable so to do, the Court or Registrar or Deputy Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him.
36. No property found at the time of distraint in or on any premises, as to which an arrear of rent is due, shall be removed from such premises without the consent of the person issuing the distress warrant, or by direction of the Registrar, till satisfaction is made, for the rent due if the arrear has accrued during the current tenancy, and if at any time such property would have been liable to distraint for rent under this Ordinance; and the landlord or lessor shall be entitled to require the Bailiff upon giving such Bailiff a sufficient indemnity to the satisfaction of the Registrar to follow the property if removed, and seize the same under the distress warrant, whether or not such property was afterwards dis- posed of by the owner by way of sale, exchange, mortgage, pledge or otherwise.
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