1668
Debtor may select manner of sale.
Deserted premises.
Arrears of rent,
ORDINANCE No. 1 of 1883.
Distraints for Rent.
auctioneer or a bailiff of the Court and such auctioneer or such bailiff shall on realizing the proceeds, pay over the amount thereof to the Court, and such amount shall be applied, first in payment of the costs of the said distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
27. Provided that the debtor may require that the sale shall take place in any other manner, than that directed by the Registrar, upon giving security for any extra costs or loss thereby, or that in the Registrar's opinion may be thereby occasioned.
PART V.
Deserted premises where no distress left.
28. Where any immoveable property is held at a rack rent, or where the rent reserved, shall be full three-fourths of the yearly value of the demised premises, and where neither the value of the premises by the year, nor the rent payable in respect of the tenancy by the year, shall exceed three hundred dollars, if the tenant shall be in arrears for two months, and shall desert the demised premises and leave the same uncultivated or unoccupied so as no sufficient distress can be had to countervail the arrears of rent, it shall be lawful for the Court, at the request of the lessor or landlord or his agent and on information on oath, to issue its warrant authorizing any bailiff to enter on the premises, breaking any doors, windows, or gates if necessary; and if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that unless cause to the contrary be shown before the Court within ten days, the premises will be given over to the applicant; and if no such cause be shown, it shall be lawful for the Court, on proof of the fact of desertion, of non-payment of at least two months rent last due, of want of sufficient distress, and that the applicant is the lessor or landlord of the premises or entitled under this Ordinance to a distress warrant, to make an order directing a bailiff to put the applicant in possession of the premises and the demise shall become void.
PART VI.
Rules as to distresses.
29. Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same manner as if such term