THE HONGKONG GOVERNMENT GAZETTE, 9TH DECEMBER, 1882.
prevent or hinder the Bailiff from distraining the same, it shall be lawful for the Court, ou application verified by affidavit, to authorize the Bailiff, to whom the warrant of distress to distrain for the rent on such promises is addressed and the officers acting with him, to follow, and to take and seize such goods and chatrels, as a distress for the said arrears of rent, whereever the same may be found, at any time within thirty days from the day of their removal, ex- clusive of the day of removal, and to deal with the said moveable property so removed in the same way as if it had been found on the premises distrained, and if advisable so to do, to place the same again in the premises distrained.
38. Provided that it shall be lawful for the Bailiff, with- out such authority to follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.
39. If such property or any part thereof so carried away shall have been sold bonâ fide, and for a sufficient con- sideration, before or after removal from the premises dis- trained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was carried away, or was to be carried away, so as to prevent or hinder the landlord or lessee from distraining the same, or so much thereof as shall have been so sold, shall not be seized or if seized shall be restored by the Bailiff distraining or by the Court on application under Section.
40. Any such tenant or lessee, or person in possession or occupation who shall fraudulently remove or carry away moveable property as aforesaid, and any person wilfully and knowingly aiding or assisting such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanour.
41. It shall be lawful for any Police officer to stop and detain, until due enquiry cau be made, all carts, hand carts, and carriages, and all persons, engaged between the hours of 8 P.M. and 6 A.M. in removing the furniture of any pre- mises.
42. Where any distress shall be made for any sum of money to be levied by virtue of this Ordinance, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the be- ginning on account of any irregularity which shall afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action as provided by Section 24. PART VII.
General Provision.
43. Nothing herein contained shall be held to apply to rents due to the Crown.
+
44. The word Court" or the words "Supreme Court' as used in this Ordinance shall mean unless otherwise ex- pressed The Supreme Court in its Summary Jurisdiction.
45. This Ordinance may be cited as The Distress Ordinance of 18
Seizure of property that is being removed.
Property sold Jnd file may be restored.
Fraudulent
Police may Stop removal of furniturES
Protecting
clause.
Exemptions.
Interpretation
clause.
Tiole,
A.
Scale of fees to be levied in Distraints for Rent.
Sums sued for.
Affidavits, Warrant to Order to
distrain,
sell.
Notices, &c.
$ c.
1 and under 5 dollars.
0.25
5
10
1.00
10
20
2.00
20
30
3.00
RO
40
4.00
40
50
5.00
50
75
6.00
75
100
7.50
100 260
250
10.00
500
15.00
Twenty-five cents.
above
500
15.00
0.25
0.50
1.00
1.50
2.00
2.50
3.75
5.00
The above scale is intended to include all expenses; except in suits where the tenant disputes the landlord's claim, and witnesses have to be subpœnæed, in which case each subpoena must be paid for at 25 cents; where watchinen are kept in charge of property distrained, 25 cents per day must be paid per man; where property is removed and stored, the necessary expenses to be fixed by the Registrar must be paid.
915